[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2330 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2330
To amend the Ted Stevens Olympic and Amateur Sports Act to provide for
congressional oversight of the board of directors of the United States
Olympic and Paralympic Committee and to protect amateur athletes from
emotional, physical, and sexual abuse, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 30, 2019
Mr. Moran (for himself and Mr. Blumenthal) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To amend the Ted Stevens Olympic and Amateur Sports Act to provide for
congressional oversight of the board of directors of the United States
Olympic and Paralympic Committee and to protect amateur athletes from
emotional, physical, and sexual abuse, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Empowering Olympic and Amateur
Athletes Act of 2019''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The courageous voice of survivors is a call to action
to end emotional, physical, and sexual abuse in the Olympic and
Paralympic movement.
(2) Larry Nassar, the former national team doctor for USA
Gymnastics, sexually abused over 300 athletes for over two
decades because of ineffective oversight by USA Gymnastics and
the United States Olympic Committee.
(3) While the case of Larry Nassar is unprecedented in
scale, the case is hardly the only recent incident of sexual
abuse in amateur sports.
(4) Survivors of Larry Nassar's abuse and all survivors of
abuse in the Olympic and Paralympic movement deserve justice
and redress for the wrongs the survivors have suffered.
(5) After a comprehensive congressional investigation,
including interviews and statements from survivors, former and
current organization officials, law enforcement, and advocates,
Congress found that the United States Olympic Committee and USA
Gymnastics fundamentally failed to uphold their existing
statutory purposes and duties to protect amateur athletes from
sexual, emotional, or physical abuse.
(6) USA Gymnastics and the United States Olympic Committee
knowingly concealed abuse by Larry Nassar, leading to the abuse
of dozens of additional amateur athletes during the period
beginning in the summer of 2015 and ending in September 2016.
(7) Ending abuse in the Olympic and Paralympic movement
requires enhanced oversight to ensure that the Olympic and
Paralympic movement does more to serve athletes and protect
their voice and safety.
SEC. 3. UNITED STATES OLYMPIC AND PARALYMPIC COMMITTEE.
(a) In General.--Chapter 2205 of title 36, United States Code, is
amended--
(1) in section 220501(b)(6), by striking ``United States
Olympic Committee'' and inserting ``United States Olympic and
Paralympic Committee'';
(2) in section 220502, by amending subsection (c) to read
as follows:
``(c) References to United States Olympic Association and United
States Olympic Committee.--Any reference to the United States Olympic
Association or the United States Olympic Committee is deemed to refer
to the United States Olympic and Paralympic Committee.'';
(3) in section 2205506(a), by striking ``United States
Olympic Committee'' and inserting ``United States Olympic and
Paralympic Committee''; and
(4) in section 220531, by striking ``United States Olympic
Committee'' each place it appears and inserting ``United States
Olympic and Paralympic Committee''.
(b) Conforming Amendment.--The table of chapters for part B of
subtitle II of title 36, United States Code, is amended by striking the
item relating to chapter 2205 and inserting the following:
``2205. United States Olympic and Paralympic Committee...... 220501''.
SEC. 4. CONGRESSIONAL OVERSIGHT OF UNITED STATES OLYMPIC AND PARALYMPIC
COMMITTEE AND NATIONAL GOVERNING BODIES.
(a) In General.--Chapter 2205 of title 36, United States Code, is
amended--
(1) by redesignating the second subchapter designated as
subchapter III (relating to the United States Center for Safe
Sport), as added by section 202 of the Protecting Young Victims
from Sexual Abuse and Safe Sport Authorization Act of 2017
(Public Law 115-126; 132 Stat. 320) as subchapter IV; and
(2) by adding at the end the following:
``SUBCHAPTER V--DISSOLUTION OF BOARD OF DIRECTORS OF CORPORATION AND
TERMINATION OF RECOGNITION OF NATIONAL GOVERNING BODIES
``Sec. 220551. Definitions
``In this subchapter, the term `joint resolution' means a joint
resolution--
``(1) which does not have a preamble; and
``(2) for which--
``(A)(i) the title is only as follows: `A joint
resolution to dissolve the board of directors of the
United States Olympic and Paralympic Committee'; and
``(ii) the matter after the resolving clause--
``(I) is as follows: `That Congress finds
that dissolving the board of directors of the
United States Olympic and Paralympic Committee
would not unduly interfere with the operations
of chapter 2205 of title 36, United States
Code'; and
``(II) prescribes adequate procedures for
forming a board of directors of the corporation
with all reasonable expediency and in a manner
that safeguards the voting power of the
representatives of amateur athletes at all
times; or
``(B)(i) the title is only as follows: `A joint
resolution relating to terminating the recognition of a
national governing body'; and
``(ii) the matter after the resolving clause is
only as follows: `That Congress determines that
_________, which is recognized as a national governing
body under section 220521 of title 36, United States
Code, has failed to fulfill its duties, as described in
section 220524 of title 36, United States Code', the
blank space being filled in with the name of the
applicable national governing body.
``Sec. 220552. Dissolution of board of directors of corporation and
termination of recognition of national governing bodies
``(a) Dissolution of Board of Directors of Corporation.--Effective
on the date of enactment of a joint resolution described in section
220551(2)(A) with respect to the board of directors of the corporation,
such board of directors shall be dissolved.
``(b) Termination of Recognition of National Governing Body.--
Effective on the date of enactment of a joint resolution described in
section 220551(2)(B) with respect to a national governing body, the
recognition of the applicable amateur sports organization as a national
governing body shall cease to have force or effect.
``Sec. 220553. Joint resolution
``(a) Referral and Reporting.--
``(1) House of representatives.--
``(A) In general.--In the House of Representatives,
a joint resolution shall be referred to the Committee
on Energy and Commerce.
``(B) Discharge.--The Committee on Energy and
Commerce shall be discharged from further consideration
of a joint resolution and the joint resolution shall be
referred to the appropriate calendar on the date on
which not less than three-fifths of the Members of the
House of Representatives, duly chosen and sworn, are
listed as cosponsors of the joint resolution.
``(C) Limitation on consideration.--Except as
provided in subsection (e)(1), it shall not be in order
for the House of Representatives to consider a joint
resolution unless--
``(i) the joint resolution is reported by
the Committee on Energy and Commerce; or
``(ii) the Committee on Energy and Commerce
is discharged from further consideration of the
joint resolution under subparagraph (B).
``(2) Senate.--
``(A) In general.--In the Senate, a joint
resolution shall be referred to the Committee on
Commerce, Science, and Transportation.
``(B) Discharge.--The Committee on Commerce,
Science, and Transportation shall be discharged from
further consideration of the joint resolution and the
joint resolution shall be referred to the appropriate
calendar on the date on which not less than three-
fifths of the Members of the Senate, duly chosen and
sworn, are listed as cosponsors of the joint
resolution.
``(C) Limitation on consideration.--Except as
provided in subsection (e)(1), it shall not be in order
for the Senate to consider a joint resolution unless--
``(i) the joint resolution is reported by
the Committee on Commerce, Science, and
Transportation; or
``(ii) the Committee on Commerce, Science,
and Transportation is discharged from further
consideration of the joint resolution under
subparagraph (B).
``(b) Expedited Consideration in House of Representatives.--
``(1) Proceeding to consideration.--After the Committee on
Energy and Commerce reports a joint resolution to the House of
Representatives or has been discharged from its consideration
in accordance with subsection (a)(1)(B), it shall be in order
to move to proceed to consider the joint resolution in the
House of Representatives. All points of order against the
motion are waived. Such a motion shall not be in order after
the House of Representatives has disposed of a motion to
proceed on a joint resolution. The previous question shall be
considered as ordered on the motion to its adoption without
intervening motion. The motion is highly privileged in the
House of Representatives and is not debatable. A motion to
reconsider the vote by which the motion is disposed of shall
not be in order.
``(2) Consideration.--A joint resolution shall be
considered as read. All points of order against the joint
resolution and against its consideration are waived. The
previous question shall be considered as ordered on the joint
resolution to its final passage without intervening motion
except 2 hours of debate equally divided and controlled by the
proponent and an opponent. A motion to reconsider the vote on
passage of the joint resolution shall not be in order.
``(c) Expedited Procedure in Senate.--
``(1) Motion to proceed.--Notwithstanding rule XXII of the
Standing Rules of the Senate, after the Committee on Commerce,
Science, and Transportation reports a joint resolution to the
Senate or has been discharged from its consideration in
accordance with subsection (a)(2)(B), it shall be in order for
any Member of the Senate to move to proceed to the
consideration of the joint resolution. A motion to proceed is
in order even though a previous motion to the same effect has
been disagreed to. The motion to proceed is not debatable. The
motion is not subject to a motion to postpone. A motion to
reconsider the vote by which the motion is agreed to or
disagreed to shall not be in order. If a motion to proceed to
the consideration of the joint resolution is agreed to, the
joint resolution shall remain the unfinished business until
disposed of.
``(2) Consideration.--Consideration of a joint resolution,
and on all debatable motions and appeals in connection
therewith, shall be limited to not more than 10 hours, which
shall be divided equally between the Majority and Minority
Leaders or their designees. A motion further to limit debate is
in order and not debatable. A motion to postpone, a motion to
proceed to the consideration of other business, or a motion to
recommit the joint resolution is not in order. Any debatable
motion is debatable for not to exceed 1 hour, to be divided
equally between those favoring and those opposing the motion.
All time used for consideration of the joint resolution,
including time used for quorum calls and voting, shall be
counted against the total 10 hours of consideration.
``(3) Vote on passage.--If the Senate has voted to proceed
to a joint resolution, the vote on passage of the joint
resolution shall occur immediately following the conclusion of
consideration of the joint resolution, and a single quorum call
at the conclusion of the consideration if requested in
accordance with the rules of the Senate.
``(4) Rulings of the chair on procedure.--Appeals from the
decisions of the Chair relating to the application of the rules
of the Senate to the procedure relating to a joint resolution
shall be decided without debate.
``(d) Amendments Not in Order.--A joint resolution shall not be
subject to amendment in either the House of Representatives or the
Senate.
``(e) Rules to Coordinate Action With Other House.--
``(1) Treatment of joint resolution of other house.--
``(A) In general.--If the Senate or House of
Representatives fails to introduce or consider a joint
resolution under this section, the joint resolution of
the other House--
``(i) shall be entitled to expedited floor
procedures described under this section; and
``(ii) may be referred in the receiving
chamber or may be held at the desk.
``(B) Potential referral.--If a joint resolution
referred to a committee under subparagraph (A)(ii) is
cosponsored by not less than three-fifths of the
Members of the originating House, duly chosen and
sworn, the committee shall report the joint resolution
not later than 20 days after the date on which the
joint resolution is referred to the committee.
``(2) Vetoes.--If the President vetoes a joint resolution,
debate on a veto message in the Senate under this section shall
be 1 hour equally divided between the Majority and Minority
leaders or their designees.
``(f) Rulemaking Function.--This section is enacted by Congress--
``(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a joint resolution, and it supersedes
other rules only to the extent that it is inconsistent with
such rules; and
``(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.''.
(b) Technical and Conforming Amendments.--The table of sections for
chapter 2205 of title 36, United States Code, is amended--
(1) by striking the second item relating to subchapter III
(relating to the United States Center for Safe Sport), as added
by section 202 of the Protecting Young Victims from Sexual
Abuse and Safe Sport Authorization Act of 2017 (Public Law 115-
126; 132 Stat. 320) and inserting the following:
``subchapter iv--united states center for safe sport''; and
(2) by adding at the end the following:
``subchapter v--dissolution of board of directors of corporation and
termination of recognition of national governing bodies
``220551. Definitions.
``220552. Dissolution of board of directors of corporation and
termination of recognition of national
governing bodies.
``220553. Joint resolution.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is one year after the date of the enactment of
this Act.
SEC. 5. MODIFICATIONS TO UNITED STATES OLYMPIC AND PARALYMPIC
COMMITTEE.
(a) Purposes of the Corporation.--Section 220503 of title 36,
United States Code, is amended--
(1) in paragraph (14), by striking ``; and'' and inserting
a semicolon;
(2) in paragraph (15), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(16) to exercise effective oversight of the national
governing bodies with respect to the establishment of a safe
environment in sports that is free from abuse, including
emotional, physical, and sexual abuse, of any amateur
athlete.''.
(b) Representation of Amateur Athletes.--Section 220504 of title
36, United States Code, is amended--
(1) in subsection (b)(2)--
(A) in the matter preceding subparagraph (A), by
striking ``within the preceding 10 years'';
(B) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(C) in subparagraph (B)--
(i) by striking ``20 percent'' and
inserting ``\1/3\''; and
(ii) by inserting ``, including any panel
empowered to resolve grievances'' before the
semicolon;
(D) by redesignating subparagraph (B) as
subparagraph (D); and
(E) by inserting after subparagraph (A) the
following:
``(B) ensure that the chair of the Athletes'
Advisory Council holds voting power on the board of
directors of the corporation and in the committees and
entities of the corporation;
``(C) require that \1/3\ of the membership of the
board of directors of the corporation shall be composed
of, and elected by, such amateur athletes; and''; and
(2) by adding at the end the following:
``(c) Conflict of Interest.--An amateur athlete who represents
amateur athletes under subsection (b)(2) shall not be employed by the
Center during the 2-year period beginning on the date on which the
amateur athlete ceases such representation.''.
(c) Duty of Care.--
(1) In general.--Section 220505 of title 36, United States
Code, is amended--
(A) in the section heading, by striking ``Powers''
and inserting ``Powers and duty of care''; and
(B) by adding at the end the following:
``(d) Duty of Care.--
``(1) In general.--The corporation owes to amateur athletes
a duty of care--
``(A) to ensure that each national governing body
and paralympic sports organization complies with the
oversight practices, policies, and procedures developed
under paragraph (3) of section 220541(a);
``(B) to immediately report to law enforcement any
allegation of child abuse of an amateur athlete who is
a minor;
``(C) to ensure that each national governing body
and paralympic sports organization has in place
policies and procedures to report immediately any
allegation of child abuse of an amateur athlete,
consistent with--
``(i) the polices and procedures developed
under paragraph (3) of section 220541(a); and
``(ii) the requirement described in
paragraph (2)(A) of section 220542(a); and
``(D) to ensure that each national governing body
and paralympic sports organizations enforces temporary
measures and sanctions issued pursuant to the authority
of the Center.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to preempt or otherwise abrogate the duty of
care of the corporation under State law or the common law.''.
(2) Conforming amendment.--The table of sections for
chapter 2205 of title 36, United States Code, is amended by
striking the item relating to section 220505 and inserting the
following:
``220505. Powers and duty of care.''.
(d) Policy With Respect to Assisting Member or Former Member To
Obtain New Jobs.--Section 220507 of title 36, United States Code, is
amended by adding at the end the following:
``(c) Policy With Respect to Assisting Members or Former Members in
Obtaining New Jobs.--The corporation shall develop one or more policies
that prohibit any individual who is an employee, a contractor, or an
agent of the corporation from assisting a member or former member in
obtaining a new job, except the routine transmission of administrative
and personnel files, if the individual knows that such member or former
member engaged in sexual misconduct regarding a minor in violation of
the law.''.
(e) Office of Ombudsman.--Section 220509(b) of title 36, United
States Code, is amended--
(1) in the subsection heading, by striking ``Ombudsman''
and inserting ``Office of the Ombudsman'';
(2) in paragraph (2)--
(A) in subparagraph (A), by moving clauses (i)
through (iii) two ems to the right;
(B) by striking ``(2) (A) The procedure'' and
inserting the following:
``(2) Hiring procedures; vacancy; termination.--
``(A) Hiring procedures.--The procedure'';
(C) in subparagraph (B)--
(i) by moving clauses (i) through (iii) to
ems to the right; and
(ii) by striking ``(B) The corporation''
and inserting the following:
``(C) Termination.--The corporation''; and
(D) in the undesignated matter following clause
(iii) of subparagraph (A), by striking ``If there is''
and inserting the following:
``(B) Vacancy.--If there is'';
(3) by redesignating paragraph (2) as paragraph (3);
(4) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``(1) The corporation'' and all that follows
through ``who shall--'' and inserting the following:
``(1) In general.--The corporation shall hire and provide
salary, benefits, and administrative expenses for an ombudsman
and support staff for athletes.
``(2) Duties.--The ombudsman shall--'';
(5) in paragraph (2), as so designated by paragraph (4)--
(A) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following:
``(C) provide independent advice to reporting
parties with respect to--
``(i) the role, responsibility, and
authority of the Center;
``(ii) the relative merits of engaging
legal counsel; and
``(iii) the factual allegations that may
support the ability of the Center to pursue a
claim of abuse; and''; and
(6) by inserting after paragraph (3), as redesignated by
paragraph (3), the following:
``(4) Confidentiality.--
``(A) In general.--Except as provided in
subparagraph (B), the ombudsman shall maintain
confidential any information communicated or provided
to the ombudsman in any matter involving the exercise
of the official duties of the ombudsman.
``(B) Exception.--The ombudsman may disclose
information described in subparagraph (A) as necessary
to resolve or mediate a dispute.
``(C) Judicial and administrative proceedings.--
``(i) In general.--The ombudsman shall not
be compelled to testify or produce evidence in
any judicial or administrative proceeding with
respect to any matter involving the exercise of
the duties of the ombudsman.
``(ii) Work product.--Any memorandum, work
product, notes, or case file of the office of
the ombudsman--
``(I) shall be confidential; and
``(II) shall not be--
``(aa) subject to
discovery, subpoena, or any
other means of legal
compulsion; or
``(bb) admissible as
evidence in a judicial or
administrative proceeding.
``(D) Applicability.--The confidentiality
requirements under this paragraph shall not apply to
information relating to--
``(i) applicable federally mandated
reporting requirements;
``(ii) a felony personally witnessed by a
member of the office of the ombudsman;
``(iii) a situation, communicated to the
office of the ombudsman, in which an individual
is at imminent risk of serious harm; or
``(iv) a congressional subpoena.
``(5) Prohibition on retaliation.--An employee or a member
of the corporation who has authority to take, direct others to
take, recommend, or approve any personnel action, shall not,
with respect to such authority, take or threaten to take any
action against any employee or member as a reprisal for
disclosing information to the ombudsman or seeking assistance
in mediation.
``(6) Independence in carrying out duties.--The board of
directors of the corporation or any other member or employee of
the corporation shall not prevent or prohibit the ombudsman
from carrying out any duty or responsibility under this
section.''.
(f) Reports and Audits.--
(1) In general.--Section 220511 of title 36, United States
Code, is amended--
(A) in the section heading, by striking ``Report''
and inserting ``Reports and audits'';
(B) in subsection (a)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``every fourth
year'' and inserting ``annually''; and
(II) by striking ``4 years'' and
inserting ``calendar year'';
(ii) by striking paragraph (1);
(iii) by redesignating paragraphs (2), (3),
and (4) as paragraphs (1), (2), and (3),
respectively;
(iv) in paragraph (1), as so redesignated,
by striking ``such 4-year period'' and
inserting ``such calendar year'';
(v) in paragraph (2), as so redesignated,
by striking ``; and'' and inserting a
semicolon;
(vi) in paragraph (3), as so redesignated,
by striking the period at the end and inserting
a semicolon; and
(vii) by adding at the end the following:
``(4) a description of any lawsuit or grievance filed
against the corporation, including any dispute initiated under
this chapter; and
``(5) the agenda and minutes of any meeting of the board of
directors of the corporation.''; and
(C) by adding at the end the following:
``(c) Audit.--
``(1) In general.--Not less frequently than annually, the
financial statements of the corporation for the preceding
fiscal year shall be audited in accordance with generally
accepted auditing standards by--
``(A) an independent certified public accountant;
or
``(B) an independent licensed public accountant who
is certified or licensed by the regulatory authority of
a State or a political subdivision of a State.
``(2) Location.--An audit under paragraph (1) shall be
conducted at the location at which the financial statements of
the corporation normally are kept.
``(3) Access.--An individual conducting an audit under
paragraph (1) shall be given access to--
``(A) all records and property owned or used by the
corporation, as necessary to facilitate the audit; and
``(B) full access to any facility under audit for
the purpose of verifying transactions, including any
balance or security held by a depository, fiscal agent,
or custodian.
``(4) Report.--
``(A) In general.--Not later than 180 days after
the end of the fiscal year for which an audit is
carried out, the auditor shall submit a report on the
audit to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Energy
and Commerce of the House of Representatives, and the
chair of the Athletes' Advisory Council.
``(B) Matters to be included.--Each report under
subparagraph (A) shall include the following for the
applicable fiscal year:
``(i) Any statement necessary to present
fairly the assets, liabilities, and surplus or
deficit of the corporation.
``(ii) An analysis of the changes in the
amounts of such assets, liabilities, and
surplus or deficit.
``(iii) A detailed statement of the income
and expenses of the corporation, including the
results of any trading, manufacturing,
publishing, or other commercial endeavor.
``(iv) A detailed statement of the amounts
spent on stipends and services for athletes.
``(v) A detailed statement of the amounts
allocated to the national governing bodies.
``(vi) Such comments and information as the
auditor considers necessary to inform Congress
of the financial operations and condition of
the corporation.
``(vii) Recommendations relating to the
financial operations and condition of the
corporation.
``(C) Form.--A report under this paragraph may not
be printed as a public document, except as part of
proceedings authorized to be printed under section 1332
of title 44.''.
(2) Conforming amendment.--The table of sections for
chapter 2205 of title 36, United States Code, is amended by
striking the item relating to section 220511 and inserting the
following:
``220511. Reports and audits.''.
SEC. 6. MODIFICATIONS TO NATIONAL GOVERNING BODIES.
(a) Corporation Responsible for Obligations of National Governing
Bodies.--Section 220521(d) of title 36, United States Code, is amended
by striking ``The corporation may review'' and inserting ``Not later
than 8 years after the date of the enactment of the Empowering Olympic
and Amateur Athletes Act of 2019, and not less frequently than once
every 4 years thereafter, the corporation shall review''.
(b) Eligibility Requirements With Respect to Governing Boards.--
Section 220522(a) of title 36, United States Code, is amended--
(1) by redesignating paragraphs (10) through (15) as
paragraphs (11) through (16), respectively;
(2) by inserting after paragraph (9) the following:
``(10) ensures that the selection criteria for individuals
and teams that represent the United States are as objective as
possible;'';
(3) by striking paragraph (13), as so redesignated, and
inserting the following:
``(13) demonstrates, based on guidelines approved by the
corporation, the Athletes' Advisory Council, and the National
Governing Bodies' Council, that--
``(A) its board of directors and other such
governing boards have established criteria and election
procedures for, and maintain among their voting
members, individuals who--
``(i) are elected by amateur athletes; and
``(ii) are actively engaged in amateur
athletic competition in the sport for which
recognition is sought;
``(B) any exception to such guidelines by such
organization has been approved by--
``(i) the corporation; and
``(ii) the Athletes' Advisory Council; and
``(C) the voting power held by such individuals is
not less than \1/3\ of the voting power held in its
board of directors and other such governing boards;'';
(4) in paragraph (15), as so redesignated, by striking ``;
and'' and inserting a semicolon;
(5) in paragraph (16), as so redesignated, by striking the
period at the end and inserting ``; and''; and
(6) by adding at the end the following:
``(17) commits to meeting any minimum standard or
requirement set forth by the corporation.''.
(c) General Duties of National Governing Bodies.--Section 220524 of
title 36, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``For the sport'' and inserting the following:
``(a) In General.--For the sport'';
(2) in subsection (a), as so designated--
(A) in paragraph (8), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (9), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(10) develop one or more policies that prohibit any
individual who is an employee, a contractor, or an agent of the
national governing body from assisting a member or former
member in obtaining a new job, except from the routine
transmission of administrative and personnel files, if the
individual knows that such member or former member engaged in
sexual misconduct regarding a minor in violation of the law;
``(11) promote a safe environment in sports that is free
from abuse of any amateur athlete, including emotional,
physical, and sexual abuse;
``(12) take care to promote a safe environment in sports
using information relating to any temporary measure or sanction
issued pursuant to the authority of the Center;
``(13) immediately report to law enforcement any allegation
of child abuse of an amateur athlete who is a minor; and
``(14) have in place policies and procedures to report
immediately any allegation of child abuse of an amateur
athlete, consistent with--
``(A) the policies and procedures developed under
paragraph (3) of section 220541(a); and
``(B) the requirement described in paragraph (2)(A)
of section 220542(a).''; and
(3) by adding at the end the following:
``(b) Rule of Construction.--Nothing in this section shall be
construed to preempt or otherwise abrogate the duty of care of a
national governing body under State law or the common law.''.
(d) Ensure Limitations on Communications Are Included in
Limitations on Interactions.--Section 220530(a) of title 36, United
States Code, is amended--
(1) in paragraph (2), by inserting ``, including
communications,'' after ``interactions''; and
(2) in paragraph (4), by striking ``makes'' and all that
follows through the period at the end and inserting the
following: ``makes--
``(A) a report under paragraph (1); or
``(B) any other report relating to abuse of any
amateur athlete, including emotional, physical, and
sexual abuse.''.
SEC. 7. MODIFICATIONS TO UNITED STATES CENTER FOR SAFE SPORT.
(a) List of Barred Individuals.--Section 220541(a) of title 36,
United States Code, is amended--
(1) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) publish and maintain a publicly available internet
website that contains a comprehensive list of individuals who
are barred from the corporation or a national governing
body.''.
(b) Definition of Applicable Entity.--Section 220541(d)(3) of title
36, United States Code, is amended--
(1) by redesignating subparagraphs (B) through (G) as
subparagraphs (C) through (H), respectively;
(2) in subparagraph (G), as so redesignated, by striking
``or (E)'' and inserting ``(E), or (F)''; and
(3) by inserting after subparagraph (A) the following:
``(B) the corporation;''.
(c) Training Materials.--Section 220541 of title 36, United States
Code, is amended by adding at the end the following:
``(e) Training Materials.--The office for education and outreach
referred to in subsection (a)(3) shall--
``(1) develop training materials for specific audiences,
including coaches, trainers, doctors, young children,
adolescents, adults, and mentally disabled individuals; and
``(2) not less frequently than every 3 years, update such
training materials.''.
(d) Independence.--Section 220541 of title 36, United States Code,
as amended by subsection (c), is further amended by adding at the end
the following:
``(f) Independence.--
``(1) Prohibition.--A former employee or board member of
the corporation or a national governing body shall not work or
volunteer at the Center during the 2-year period beginning on
the date on which the former employee or board member ceases
employment with the corporation or national governing body.
``(2) Conflicts of interest.--An executive or counsel for
the Center shall be considered to have an inappropriate
conflict of interest if the executive or counsel also
represents the corporation or a national governing body.
``(3) Investigations.--
``(A) In general.--The corporation and the national
governing bodies shall not interfere in, or attempt to
influence the outcome of, an investigation.
``(B) Report.--In the case of an attempt to
interfere in, or influence the outcome of, an
investigation, not later than 72 hours after such
attempt, the Center shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report describing the attempt.''.
(e) Funding.--Section 220541 of title 36, United States Code, as
amended by subsections (c) and (d), is further amended by adding at the
end the following:
``(g) Funding.--
``(1) Mandatory payments.--
``(A) Fiscal year 2019.--Not later than 30 days
after the date of the enactment of this subsection, the
corporation shall make a mandatory payment of
$20,000,000 to the Center for operating costs of the
Center for fiscal year 2019.
``(B) Subsequent fiscal years.--Beginning on
January 1, 2020, the corporation shall make a mandatory
payment of $20,000,000 to the Center on January 1 each
year for operating costs of the Center.
``(2) Funds from national governing bodies.--The
corporation may use funds received from one or more national
governing bodies to make a mandatory payment required by
paragraph (1).
``(3) Failure to comply.--
``(A) In general.--The Center may file a lawsuit to
compel payment under paragraph (1).
``(B) Penalty.--For each day of late or incomplete
payment of a mandatory payment under paragraph (1)
after January 1 of the applicable year, the Center
shall be allowed to recover from the corporation an
additional $20,000.''.
(f) Additional Duties.--Section 220542 of title 36, United States
Code, is amended--
(1) in the section heading, by striking the period at the
end; and
(2) in subsection (a)--
(A) in paragraph (1), by striking ``; and'' and
inserting a semicolon; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
clauses (i) and (ii) and inserting the
following:
``(i) law enforcement consistent with
section 226 of the Victims of Child Abuse Act
of 1990 (34 U.S.C. 20341); and
``(ii) the Center, whenever such members or
adults learn of facts leading them to suspect
reasonably that an amateur athlete who is a
minor has suffered an incident of child
abuse;'';
(ii) by redesignating subparagraphs (B)
through (F) as subparagraphs (E) through (I),
respectively;
(iii) by inserting after subparagraph (A)
the following:
``(B) a requirement that the Center shall
immediately report to law enforcement consistent with
section 226 of the Victims of Child Abuse Act of 1990
(34 U.S.C. 20341) any allegation of child abuse of an
amateur athlete who is a minor, including any report of
such abuse submitted to the Center by a minor or by any
person who is not otherwise required to report such
abuse;
``(C) one or more policies that prohibit an
individual who is a Center employee, contractor, or
agent from assisting a member or former member in
obtaining a new job, except the routine transmission of
administrative and personnel files, if the individual
knows that such member or former member engaged in
sexual misconduct regarding a minor in violation of the
law;
``(D) a requirement that the Center, including any
officer, agent, attorney, or staff member of the
Center, shall not take any action--
``(i) to notify an alleged perpetrator of
abuse of an amateur athlete of any ongoing
investigation or accusation unless the Center
has reason to believe an imminent hazard will
result from failing to so notify the alleged
perpetrator; and
``(ii) on a date that is earlier than the
date on which law enforcement--
``(I) authorizes the Center to take
such action; or
``(II) declines to act on the
allegation within 72 hours after the
time at which the Center reports to law
enforcement under subparagraph (B);'';
(iv) in subparagraph (F), as so
redesignated, by inserting ``, including
communications,'' after ``interactions'';
(v) by amending subparagraph (G), as so
redesignated, to read as follows:
``(G) procedures to prohibit retaliation by any
national governing body or paralympic sports
organization against any individual who makes--
``(i) a report under subparagraph (A) or
(E); or
``(ii) any other report relating to abuse
of any amateur athlete, including emotional,
physical, and sexual abuse;'';
(vi) in subparagraph (H), as so
redesignated, by striking ``; and'' and
inserting a semicolon;
(vii) in subparagraph (I), as so
redesignated, by striking the period at the end
of clause (ii) and inserting a semicolon; and
(viii) by adding at the end the following:
``(J) a prohibition on the use in a report or a
resolution of the Center under section 220541(a)(4) of
any evidence relating to other sexual behavior or the
sexual predisposition of the alleged victim, or the
admission of any such evidence in arbitration, unless
the probative value of the use or admission of such
evidence, as determined by the Director or the
arbitrator, as applicable, substantially outweighs the
danger of--
``(i) any harm to the alleged victim; and
``(ii) unfair prejudice to any party; and
``(K) training for investigators on appropriate
methods and techniques for ensuring sensitivity toward
alleged victims during interviews and other
investigative activities.''.
(g) Report.--Section 220543(b) of title 36, United States Code, is
amended--
(1) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(2) by redesignating paragraph (2) as paragraph (8); and
(3) by inserting after paragraph (1) the following:
``(2) a strategic plan with respect to the manner in which
the Center shall fulfill its duties under sections 220541 and
220542;
``(3) a detailed description of the efforts made by the
Center to comply with such strategic plan during the preceding
year;
``(4) any financial statement necessary to present fairly
the assets, liabilities, and surplus or deficit of the Center
for the preceding year;
``(5) an analysis of the changes in the amounts of such
assets, liabilities, and surplus or deficit during the
preceding year;
``(6) any information relating to any report received or
investigation conducted by the Center during the preceding
year, including the number, type, and results of such report or
investigation;
``(7) any information relating to the education and
training conducted by the office of education and outreach of
the Center during the preceding year; and''.
SEC. 8. EXEMPTION FROM AUTOMATIC STAY IN BANKRUPTCY CASES.
Section 362(b) of title 11, United States Code, is amended--
(1) in paragraph (27), by striking ``and'' at the end;
(2) in paragraph (28), by striking the period at the end
and inserting ``; and''; and
(3) by inserting after paragraph (28) the following:
``(29) under subsection (a)(1) of this section, of any
action by--
``(A) an amateur sports organization, as defined in
section 220501(b) of title 36, to replace a national
governing body, as defined in that section, under
section 220528 of that title; or
``(B) the corporation, as defined in section
220501(b) of title 36, to revoke the recognition of a
national governing body, as defined in that section,
under section 220521 of that title.''.
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