[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2330 Reported in Senate (RS)]
<DOC>
Calendar No. 503
116th CONGRESS
2d Session
S. 2330
[Report No. 116-245]
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, Mr. Blumenthal, Ms. Ernst, Mrs. Shaheen, Ms.
Cortez Masto, Mrs. Capito, Ms. Harris, Mr. Kennedy, Ms. McSally, Ms.
Sinema, Ms. Collins, Ms. Rosen, Ms. Murkowski, Mr. Gardner, Mr. Peters,
and Ms. Warren) introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
July 29, 2020
Reported by Mr. Wicker, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Empowering Olympic and
Amateur Athletes Act of 2019''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress makes the following findings:</DELETED>
<DELETED> (1) The courageous voice of survivors is a call to
action to end emotional, physical, and sexual abuse in the
Olympic and Paralympic movement.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. UNITED STATES OLYMPIC AND PARALYMPIC
COMMITTEE.</DELETED>
<DELETED> (a) In General.--Chapter 2205 of title 36, United States
Code, is amended--</DELETED>
<DELETED> (1) in section 220501(b)(6), by striking ``United
States Olympic Committee'' and inserting ``United States
Olympic and Paralympic Committee'';</DELETED>
<DELETED> (2) in section 220502, by amending subsection (c)
to read as follows:</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (3) in section 2205506(a), by striking ``United
States Olympic Committee'' and inserting ``United States
Olympic and Paralympic Committee''; and</DELETED>
<DELETED> (4) in section 220531, by striking ``United States
Olympic Committee'' each place it appears and inserting
``United States Olympic and Paralympic Committee''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``2205. United States Olympic and Paralympic 220501''.
Committee.
<DELETED>SEC. 4. CONGRESSIONAL OVERSIGHT OF UNITED STATES OLYMPIC AND
PARALYMPIC COMMITTEE AND NATIONAL GOVERNING
BODIES.</DELETED>
<DELETED> (a) In General.--Chapter 2205 of title 36, United States
Code, is amended--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED>``SUBCHAPTER V--DISSOLUTION OF BOARD OF DIRECTORS OF
CORPORATION AND TERMINATION OF RECOGNITION OF NATIONAL GOVERNING
BODIES</DELETED>
<DELETED>``Sec. 220551. Definitions</DELETED>
<DELETED> ``In this subchapter, the term `joint resolution' means a
joint resolution--</DELETED>
<DELETED> ``(1) which does not have a preamble;
and</DELETED>
<DELETED> ``(2) for which--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) the matter after the resolving
clause--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B)(i) the title is only as follows: `A
joint resolution relating to terminating the
recognition of a national governing body';
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 220552. Dissolution of board of directors of
corporation and termination of recognition of national
governing bodies</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 220553. Joint resolution</DELETED>
<DELETED> ``(a) Referral and Reporting.--</DELETED>
<DELETED> ``(1) House of representatives.--</DELETED>
<DELETED> ``(A) In general.--In the House of
Representatives, a joint resolution shall be referred
to the Committee on Energy and Commerce.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) the joint resolution is
reported by the Committee on Energy and
Commerce; or</DELETED>
<DELETED> ``(ii) the Committee on Energy and
Commerce is discharged from further
consideration of the joint resolution under
subparagraph (B).</DELETED>
<DELETED> ``(2) Senate.--</DELETED>
<DELETED> ``(A) In general.--In the Senate, a joint
resolution shall be referred to the Committee on
Commerce, Science, and Transportation.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) the joint resolution is
reported by the Committee on Commerce, Science,
and Transportation; or</DELETED>
<DELETED> ``(ii) the Committee on Commerce,
Science, and Transportation is discharged from
further consideration of the joint resolution
under subparagraph (B).</DELETED>
<DELETED> ``(b) Expedited Consideration in House of
Representatives.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Expedited Procedure in Senate.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) Amendments Not in Order.--A joint resolution shall
not be subject to amendment in either the House of Representatives or
the Senate.</DELETED>
<DELETED> ``(e) Rules to Coordinate Action With Other House.--
</DELETED>
<DELETED> ``(1) Treatment of joint resolution of other
house.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) shall be entitled to
expedited floor procedures described under this
section; and</DELETED>
<DELETED> ``(ii) may be referred in the
receiving chamber or may be held at the
desk.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(f) Rulemaking Function.--This section is enacted by
Congress--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Technical and Conforming Amendments.--The table of
sections for chapter 2205 of title 36, United States Code, is amended--
</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``subchapter iv--united states center for safe sport''; and
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``subchapter v--dissolution of board of directors of
corporation and termination of recognition of national governing bodies
<DELETED>``220551. Definitions.
<DELETED>``220552. Dissolution of board of directors of corporation and
termination of recognition of national
governing bodies.
<DELETED>``220553. Joint resolution.''.
<DELETED> (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.</DELETED>
<DELETED>SEC. 5. MODIFICATIONS TO UNITED STATES OLYMPIC AND PARALYMPIC
COMMITTEE.</DELETED>
<DELETED> (a) Purposes of the Corporation.--Section 220503 of title
36, United States Code, is amended--</DELETED>
<DELETED> (1) in paragraph (14), by striking ``; and'' and
inserting a semicolon;</DELETED>
<DELETED> (2) in paragraph (15), by striking the period at
the end and inserting ``; and''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Representation of Amateur Athletes.--Section 220504 of
title 36, United States Code, is amended--</DELETED>
<DELETED> (1) in subsection (b)(2)--</DELETED>
<DELETED> (A) in the matter preceding subparagraph
(A), by striking ``within the preceding 10
years'';</DELETED>
<DELETED> (B) in subparagraph (A), by striking ``;
and'' and inserting a semicolon;</DELETED>
<DELETED> (C) in subparagraph (B)--</DELETED>
<DELETED> (i) by striking ``20 percent'' and
inserting ``\1/3\''; and</DELETED>
<DELETED> (ii) by inserting ``, including
any panel empowered to resolve grievances''
before the semicolon;</DELETED>
<DELETED> (D) by redesignating subparagraph (B) as
subparagraph (D); and</DELETED>
<DELETED> (E) by inserting after subparagraph (A)
the following:</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (c) Duty of Care.--</DELETED>
<DELETED> (1) In general.--Section 220505 of title 36,
United States Code, is amended--</DELETED>
<DELETED> (A) in the section heading, by striking
``Powers'' and inserting ``Powers and duty of care'';
and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(d) Duty of Care.--</DELETED>
<DELETED> ``(1) In general.--The corporation owes to amateur
athletes a duty of care--</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(B) to immediately report to law
enforcement any allegation of child abuse of an amateur
athlete who is a minor;</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) the polices and procedures
developed under paragraph (3) of section
220541(a); and</DELETED>
<DELETED> ``(ii) the requirement described
in paragraph (2)(A) of section 220542(a);
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``220505. Powers and duty of care.''.
<DELETED> (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:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (e) Office of Ombudsman.--Section 220509(b) of title 36,
United States Code, is amended--</DELETED>
<DELETED> (1) in the subsection heading, by striking
``Ombudsman'' and inserting ``Office of the
Ombudsman'';</DELETED>
<DELETED> (2) in paragraph (2)--</DELETED>
<DELETED> (A) in subparagraph (A), by moving clauses
(i) through (iii) two ems to the right;</DELETED>
<DELETED> (B) by striking ``(2) (A) The procedure''
and inserting the following:</DELETED>
<DELETED> ``(2) Hiring procedures; vacancy; termination.--
</DELETED>
<DELETED> ``(A) Hiring procedures.--The
procedure'';</DELETED>
<DELETED> (C) in subparagraph (B)--</DELETED>
<DELETED> (i) by moving clauses (i) through
(iii) to ems to the right; and</DELETED>
<DELETED> (ii) by striking ``(B) The
corporation'' and inserting the
following:</DELETED>
<DELETED> ``(C) Termination.--The corporation'';
and</DELETED>
<DELETED> (D) in the undesignated matter following
clause (iii) of subparagraph (A), by striking ``If
there is'' and inserting the following:</DELETED>
<DELETED> ``(B) Vacancy.--If there is'';</DELETED>
<DELETED> (3) by redesignating paragraph (2) as paragraph
(3);</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(1) In general.--The corporation shall hire and
provide salary, benefits, and administrative expenses for an
ombudsman and support staff for athletes.</DELETED>
<DELETED> ``(2) Duties.--The ombudsman shall--'';</DELETED>
<DELETED> (5) in paragraph (2), as so designated by
paragraph (4)--</DELETED>
<DELETED> (A) in subparagraph (B), by striking ``;
and'' and inserting a semicolon;</DELETED>
<DELETED> (B) by redesignating subparagraph (C) as
subparagraph (D); and</DELETED>
<DELETED> (C) by inserting after subparagraph (B)
the following:</DELETED>
<DELETED> ``(C) provide independent advice to
reporting parties with respect to--</DELETED>
<DELETED> ``(i) the role, responsibility,
and authority of the Center;</DELETED>
<DELETED> ``(ii) the relative merits of
engaging legal counsel; and</DELETED>
<DELETED> ``(iii) the factual allegations
that may support the ability of the Center to
pursue a claim of abuse; and''; and</DELETED>
<DELETED> (6) by inserting after paragraph (3), as
redesignated by paragraph (3), the following:</DELETED>
<DELETED> ``(4) Confidentiality.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Exception.--The ombudsman may
disclose information described in subparagraph (A) as
necessary to resolve or mediate a dispute.</DELETED>
<DELETED> ``(C) Judicial and administrative
proceedings.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(ii) Work product.--Any
memorandum, work product, notes, or case file
of the office of the ombudsman--</DELETED>
<DELETED> ``(I) shall be
confidential; and</DELETED>
<DELETED> ``(II) shall not be--
</DELETED>
<DELETED> ``(aa) subject to
discovery, subpoena, or any
other means of legal
compulsion; or</DELETED>
<DELETED> ``(bb) admissible
as evidence in a judicial or
administrative
proceeding.</DELETED>
<DELETED> ``(D) Applicability.--The confidentiality
requirements under this paragraph shall not apply to
information relating to--</DELETED>
<DELETED> ``(i) applicable federally
mandated reporting requirements;</DELETED>
<DELETED> ``(ii) a felony personally
witnessed by a member of the office of the
ombudsman;</DELETED>
<DELETED> ``(iii) a situation, communicated
to the office of the ombudsman, in which an
individual is at imminent risk of serious harm;
or</DELETED>
<DELETED> ``(iv) a congressional
subpoena.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (f) Reports and Audits.--</DELETED>
<DELETED> (1) In general.--Section 220511 of title 36,
United States Code, is amended--</DELETED>
<DELETED> (A) in the section heading, by striking
``Report'' and inserting ``Reports and
audits'';</DELETED>
<DELETED> (B) in subsection (a)--</DELETED>
<DELETED> (i) in the matter preceding
paragraph (1)--</DELETED>
<DELETED> (I) by striking ``every
fourth year'' and inserting
``annually''; and</DELETED>
<DELETED> (II) by striking ``4
years'' and inserting ``calendar
year'';</DELETED>
<DELETED> (ii) by striking paragraph
(1);</DELETED>
<DELETED> (iii) by redesignating paragraphs
(2), (3), and (4) as paragraphs (1), (2), and
(3), respectively;</DELETED>
<DELETED> (iv) in paragraph (1), as so
redesignated, by striking ``such 4-year
period'' and inserting ``such calendar
year'';</DELETED>
<DELETED> (v) in paragraph (2), as so
redesignated, by striking ``; and'' and
inserting a semicolon;</DELETED>
<DELETED> (vi) in paragraph (3), as so
redesignated, by striking the period at the end
and inserting a semicolon; and</DELETED>
<DELETED> (vii) by adding at the end the
following:</DELETED>
<DELETED> ``(4) a description of any lawsuit or grievance
filed against the corporation, including any dispute initiated
under this chapter; and</DELETED>
<DELETED> ``(5) the agenda and minutes of any meeting of the
board of directors of the corporation.''; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(c) Audit.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) an independent certified public
accountant; or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Location.--An audit under paragraph (1)
shall be conducted at the location at which the financial
statements of the corporation normally are kept.</DELETED>
<DELETED> ``(3) Access.--An individual conducting an audit
under paragraph (1) shall be given access to--</DELETED>
<DELETED> ``(A) all records and property owned or
used by the corporation, as necessary to facilitate the
audit; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(4) Report.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Matters to be included.--Each report
under subparagraph (A) shall include the following for
the applicable fiscal year:</DELETED>
<DELETED> ``(i) Any statement necessary to
present fairly the assets, liabilities, and
surplus or deficit of the
corporation.</DELETED>
<DELETED> ``(ii) An analysis of the changes
in the amounts of such assets, liabilities, and
surplus or deficit.</DELETED>
<DELETED> ``(iii) A detailed statement of
the income and expenses of the corporation,
including the results of any trading,
manufacturing, publishing, or other commercial
endeavor.</DELETED>
<DELETED> ``(iv) A detailed statement of the
amounts spent on stipends and services for
athletes.</DELETED>
<DELETED> ``(v) A detailed statement of the
amounts allocated to the national governing
bodies.</DELETED>
<DELETED> ``(vi) Such comments and
information as the auditor considers necessary
to inform Congress of the financial operations
and condition of the corporation.</DELETED>
<DELETED> ``(vii) Recommendations relating
to the financial operations and condition of
the corporation.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``220511. Reports and audits.''.
<DELETED>SEC. 6. MODIFICATIONS TO NATIONAL GOVERNING BODIES.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (b) Eligibility Requirements With Respect to Governing
Boards.--Section 220522(a) of title 36, United States Code, is
amended--</DELETED>
<DELETED> (1) by redesignating paragraphs (10) through (15)
as paragraphs (11) through (16), respectively;</DELETED>
<DELETED> (2) by inserting after paragraph (9) the
following:</DELETED>
<DELETED> ``(10) ensures that the selection criteria for
individuals and teams that represent the United States are as
objective as possible;'';</DELETED>
<DELETED> (3) by striking paragraph (13), as so
redesignated, and inserting the following:</DELETED>
<DELETED> ``(13) demonstrates, based on guidelines approved
by the corporation, the Athletes' Advisory Council, and the
National Governing Bodies' Council, that--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) are elected by amateur
athletes; and</DELETED>
<DELETED> ``(ii) are actively engaged in
amateur athletic competition in the sport for
which recognition is sought;</DELETED>
<DELETED> ``(B) any exception to such guidelines by
such organization has been approved by--</DELETED>
<DELETED> ``(i) the corporation;
and</DELETED>
<DELETED> ``(ii) the Athletes' Advisory
Council; and</DELETED>
<DELETED> ``(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;'';</DELETED>
<DELETED> (4) in paragraph (15), as so redesignated, by
striking ``; and'' and inserting a semicolon;</DELETED>
<DELETED> (5) in paragraph (16), as so redesignated, by
striking the period at the end and inserting ``; and'';
and</DELETED>
<DELETED> (6) by adding at the end the following:</DELETED>
<DELETED> ``(17) commits to meeting any minimum standard or
requirement set forth by the corporation.''.</DELETED>
<DELETED> (c) General Duties of National Governing Bodies.--Section
220524 of title 36, United States Code, is amended--</DELETED>
<DELETED> (1) in the matter preceding paragraph (1), by
striking ``For the sport'' and inserting the
following:</DELETED>
<DELETED> ``(a) In General.--For the sport'';</DELETED>
<DELETED> (2) in subsection (a), as so designated--
</DELETED>
<DELETED> (A) in paragraph (8), by striking ``;
and'' and inserting a semicolon;</DELETED>
<DELETED> (B) in paragraph (9), by striking the
period at the end and inserting a semicolon;
and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(11) promote a safe environment in sports that
is free from abuse of any amateur athlete, including emotional,
physical, and sexual abuse;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(13) immediately report to law enforcement any
allegation of child abuse of an amateur athlete who is a minor;
and</DELETED>
<DELETED> ``(14) have in place policies and procedures to
report immediately any allegation of child abuse of an amateur
athlete, consistent with--</DELETED>
<DELETED> ``(A) the policies and procedures
developed under paragraph (3) of section 220541(a);
and</DELETED>
<DELETED> ``(B) the requirement described in
paragraph (2)(A) of section 220542(a).''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (d) Ensure Limitations on Communications Are Included in
Limitations on Interactions.--Section 220530(a) of title 36, United
States Code, is amended--</DELETED>
<DELETED> (1) in paragraph (2), by inserting ``, including
communications,'' after ``interactions''; and</DELETED>
<DELETED> (2) in paragraph (4), by striking ``makes'' and
all that follows through the period at the end and inserting
the following: ``makes--</DELETED>
<DELETED> ``(A) a report under paragraph (1);
or</DELETED>
<DELETED> ``(B) any other report relating to abuse
of any amateur athlete, including emotional, physical,
and sexual abuse.''.</DELETED>
<DELETED>SEC. 7. MODIFICATIONS TO UNITED STATES CENTER FOR SAFE
SPORT.</DELETED>
<DELETED> (a) List of Barred Individuals.--Section 220541(a) of
title 36, United States Code, is amended--</DELETED>
<DELETED> (1) in paragraph (4), by striking ``; and'' and
inserting a semicolon;</DELETED>
<DELETED> (2) in paragraph (5), by striking the period at
the end and inserting ``; and''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Definition of Applicable Entity.--Section 220541(d)(3)
of title 36, United States Code, is amended--</DELETED>
<DELETED> (1) by redesignating subparagraphs (B) through (G)
as subparagraphs (C) through (H), respectively;</DELETED>
<DELETED> (2) in subparagraph (G), as so redesignated, by
striking ``or (E)'' and inserting ``(E), or (F)'';
and</DELETED>
<DELETED> (3) by inserting after subparagraph (A) the
following:</DELETED>
<DELETED> ``(B) the corporation;''.</DELETED>
<DELETED> (c) Training Materials.--Section 220541 of title 36,
United States Code, is amended by adding at the end the
following:</DELETED>
<DELETED> ``(e) Training Materials.--The office for education and
outreach referred to in subsection (a)(3) shall--</DELETED>
<DELETED> ``(1) develop training materials for specific
audiences, including coaches, trainers, doctors, young
children, adolescents, adults, and mentally disabled
individuals; and</DELETED>
<DELETED> ``(2) not less frequently than every 3 years,
update such training materials.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(f) Independence.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Investigations.--</DELETED>
<DELETED> ``(A) In general.--The corporation and the
national governing bodies shall not interfere in, or
attempt to influence the outcome of, an
investigation.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(g) Funding.--</DELETED>
<DELETED> ``(1) Mandatory payments.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(3) Failure to comply.--</DELETED>
<DELETED> ``(A) In general.--The Center may file a
lawsuit to compel payment under paragraph
(1).</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (f) Additional Duties.--Section 220542 of title 36, United
States Code, is amended--</DELETED>
<DELETED> (1) in the section heading, by striking the period
at the end; and</DELETED>
<DELETED> (2) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (1), by striking ``;
and'' and inserting a semicolon; and</DELETED>
<DELETED> (B) in paragraph (2)--</DELETED>
<DELETED> (i) in subparagraph (A), by
striking clauses (i) and (ii) and inserting the
following:</DELETED>
<DELETED> ``(i) law enforcement consistent
with section 226 of the Victims of Child Abuse
Act of 1990 (34 U.S.C. 20341); and</DELETED>
<DELETED> ``(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;'';</DELETED>
<DELETED> (ii) by redesignating
subparagraphs (B) through (F) as subparagraphs
(E) through (I), respectively;</DELETED>
<DELETED> (iii) by inserting after
subparagraph (A) the following:</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(D) a requirement that the Center,
including any officer, agent, attorney, or staff member
of the Center, shall not take any action--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) on a date that is earlier
than the date on which law enforcement--
</DELETED>
<DELETED> ``(I) authorizes the
Center to take such action;
or</DELETED>
<DELETED> ``(II) declines to act on
the allegation within 72 hours after
the time at which the Center reports to
law enforcement under subparagraph
(B);'';</DELETED>
<DELETED> (iv) in subparagraph (F), as so
redesignated, by inserting ``, including
communications,'' after
``interactions'';</DELETED>
<DELETED> (v) by amending subparagraph (G),
as so redesignated, to read as
follows:</DELETED>
<DELETED> ``(G) procedures to prohibit retaliation
by any national governing body or paralympic sports
organization against any individual who makes--
</DELETED>
<DELETED> ``(i) a report under subparagraph
(A) or (E); or</DELETED>
<DELETED> ``(ii) any other report relating
to abuse of any amateur athlete, including
emotional, physical, and sexual
abuse;'';</DELETED>
<DELETED> (vi) in subparagraph (H), as so
redesignated, by striking ``; and'' and
inserting a semicolon;</DELETED>
<DELETED> (vii) in subparagraph (I), as so
redesignated, by striking the period at the end
of clause (ii) and inserting a semicolon;
and</DELETED>
<DELETED> (viii) by adding at the end the
following:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) any harm to the alleged
victim; and</DELETED>
<DELETED> ``(ii) unfair prejudice to any
party; and</DELETED>
<DELETED> ``(K) training for investigators on
appropriate methods and techniques for ensuring
sensitivity toward alleged victims during interviews
and other investigative activities.''.</DELETED>
<DELETED> (g) Report.--Section 220543(b) of title 36, United States
Code, is amended--</DELETED>
<DELETED> (1) in paragraph (1), by striking ``; and'' and
inserting a semicolon;</DELETED>
<DELETED> (2) by redesignating paragraph (2) as paragraph
(8); and</DELETED>
<DELETED> (3) by inserting after paragraph (1) the
following:</DELETED>
<DELETED> ``(2) a strategic plan with respect to the manner
in which the Center shall fulfill its duties under sections
220541 and 220542;</DELETED>
<DELETED> ``(3) a detailed description of the efforts made
by the Center to comply with such strategic plan during the
preceding year;</DELETED>
<DELETED> ``(4) any financial statement necessary to present
fairly the assets, liabilities, and surplus or deficit of the
Center for the preceding year;</DELETED>
<DELETED> ``(5) an analysis of the changes in the amounts of
such assets, liabilities, and surplus or deficit during the
preceding year;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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''.</DELETED>
<DELETED>SEC. 8. EXEMPTION FROM AUTOMATIC STAY IN BANKRUPTCY
CASES.</DELETED>
<DELETED> Section 362(b) of title 11, United States Code, is
amended--</DELETED>
<DELETED> (1) in paragraph (27), by striking ``and'' at the
end;</DELETED>
<DELETED> (2) in paragraph (28), by striking the period at
the end and inserting ``; and''; and</DELETED>
<DELETED> (3) by inserting after paragraph (28) the
following:</DELETED>
<DELETED> ``(29) under subsection (a)(1) of this section, of
any action by--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.''.</DELETED>
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 duty 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 the chapter heading, by striking ``UNITED STATES
OLYMPIC COMMITTEE'' and inserting ``UNITED STATES OLYMPIC AND
PARALYMPIC COMMITTEE'';
(2) in section 220501(b)(6), by striking ``United States
Olympic Committee'' and inserting ``United States Olympic and
Paralympic Committee'';
(3) 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.'';
(4) in section 220506(a), by striking ``United States
Olympic Committee'' and inserting ``United States Olympic and
Paralympic Committee''; and
(5) in section 220531, by striking ``United States Olympic
Committee'' each place it appears and inserting ``United States
Olympic and Paralympic Committee''.
(b) Conforming Amendments.--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 220501''.
Committee.
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
SafeSport), 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 SafeSport), 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 safesport''; 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 1 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 (9), by inserting ``and access to'' after
``development of'';
(2) in paragraph (14), by striking ``; and'' and inserting
a semicolon;
(3) in paragraph (15), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(16) to effectively oversee the national governing bodies
with respect to compliance with and implementation of the
policies and procedures of the corporation, including policies
and procedures on the establishment of a safe environment in
sports as described in paragraph (15).''.
(b) Modifications to Membership in Corporation and Representation
of Athletes.--
(1) Definition of athletes' advisory council.--Section
220501(b) of title 36, United States Code, is amended--
(A) by striking paragraph (9);
(B) by redesignating paragraphs (4) through (8) as
paragraphs (5) through (9), respectively; and
(C) by inserting after paragraph (3) the following:
``(4) `Athletes' Advisory Council' means the entity
established and maintained under section 220504(b)(2)(A) that--
``(A) is composed of, and elected by, amateur
athletes to ensure communication between the
corporation and currently active amateur athletes; and
``(B) serves as a source of amateur-athlete opinion
and advice with respect to policies and proposed
policies of the corporation.''.
(2) Membership and representation.--Section 220504 of title
36, United States Code, is amended--
(A) in subsection (a), by inserting ``and
membership shall be available only to national
governing bodies'' before the period at the end;
(B) in subsection (b)(2)--
(i) in the matter preceding subparagraph
(A), by striking ``within the preceding 10
years'';
(ii) by striking subparagraph (A) and
inserting the following:
``(A) establish and maintain an Athletes' Advisory
Council;'';
(iii) 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;
(iv) by redesignating subparagraph (B) as
subparagraph (D); and
(v) by inserting after subparagraph (A) the
following:
``(B) ensure that the chair of the Athletes'
Advisory Council, or the designee of the chair, 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, including
not fewer than one amateur athlete who--
``(i) is actively engaged in representing
the United States in amateur athletic
competition; or
``(ii) has represented the United States in
international amateur athletic competition
during the preceding 10-year period; and''; and
(C) by adding at the end the following:
``(c) Conflict of Interest.--An athlete who represents athletes
under subsection (b)(2) shall not be employed by the Center, or serve
in a capacity that exercises decision-making authority on behalf of the
Center, during the two-year period beginning on the date on which the
athlete ceases such representation.
``(d) Certification Requirements.--The bylaws of the corporation
shall include a description of all generally applicable certification
requirements for membership in the corporation.''.
(c) Duties.--
(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 duties''; and
(B) by adding at the end the following:
``(d) Duties.--
``(1) In general.--The duty of the corporation to amateur
athletes includes the adoption, effective implementation, and
enforcement of policies and procedures designed--
``(A) to immediately report to law enforcement and
the Center any allegation of child abuse of an amateur
athlete who is a minor;
``(B) to ensure that each national governing body
has in place policies and procedures to report
immediately any allegation of child abuse of an amateur
athlete, consistent with--
``(i) the policies and procedures developed
under paragraph (3) of section 220541(a); and
``(ii) the requirement described in
paragraph (2)(A) of section 220542(a); and
``(C) to ensure that each national governing body
and the corporation 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 duties.''.
(d) Policy With Respect to Assisting Members or Former Members in
Obtaining 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 Jobs.--The corporation shall develop 1 or more policies that
prohibit any individual who is an employee, contractor, or 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
violated the policies or procedures of the Center related to sexual
misconduct or was convicted of a crime involving sexual misconduct with
a minor in violation of applicable law.''.
(e) Office of the Athlete 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 Athlete 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) two
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 Office of the Athlete Ombudsman shall--
'';
(5) in paragraph (2), as so designated by paragraph (4)--
(A) by amending subparagraph (B) to read as
follows:
``(B) assist in the resolution of athlete
concerns;'';
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following:
``(C) provide independent advice to athletes with
respect to--
``(i) the role, responsibility, authority,
and jurisdiction of the Center; and
``(ii) the relative value of engaging legal
counsel; and''; and
(6) by adding at the end the following:
``(4) Confidentiality.--
``(A) In general.--The Office of the Athlete
Ombudsman shall maintain as confidential any
information communicated or provided to the Office of
the Athlete Ombudsman in any matter involving the
exercise of the official duties of the Office of the
Athlete Ombudsman.
``(B) Exception.--The Office of the Athlete
Ombudsman may disclose information described in
subparagraph (A) as necessary to resolve or mediate a
dispute, with the permission of the parties involved.
``(C) Judicial and administrative proceedings.--
``(i) In general.--The ombudsman and the
staff of the Office of the Athlete 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 Office of the
Athlete Ombudsman.
``(ii) Work product.--Any memorandum, work
product, notes, or case file of the Office of
the Athlete 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 Athlete Ombudsman;
``(iii) a situation, communicated to the
Office of the Athlete Ombudsman, in which an
individual is at imminent risk of serious harm;
or
``(iv) a congressional subpoena.
``(E) Development of policy.--
``(i) In general.--Not later than 180 days
after the date of the enactment of the
Empowering Olympic and Amateur Athletes Act of
2019, the Office of the Athlete Ombudsman shall
develop and publish in the Federal Register a
confidentiality and privacy policy consistent
with this paragraph.
``(ii) Distribution.--The Office of the
Athlete Ombudsman shall distribute a copy of
the policy developed under clause (i) to--
``(I) employees of the national
governing bodies; and
``(II) employees of the
corporation.
``(iii) Publication by national governing
bodies.--Each national governing body shall--
``(I) publish the policy developed
under clause (i) on the internet
website of the national governing body;
and
``(II) communicate to amateur
athletes the availability of the
policy.
``(5) Prohibition on retaliation.--No employee, contractor,
agent, volunteer, or member of the corporation shall take or
threaten to take any action against an athlete as a reprisal
for disclosing information to or seeking assistance from the
Office of the Athlete Ombudsman.
``(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 Office of the
Athlete 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) by striking subsection (b);
(C) by amending subsection (a) to read as follows:
``(a) Report.--
``(1) Submission to president and congress.--Not less
frequently than annually, the corporation shall submit
simultaneously to the President and to each House of Congress a
detailed report on the operations of the corporation for the
preceding calendar year.
``(2) Matters to be included.--Each report required by
paragraph (1) shall include the following:
``(A) A comprehensive description of the activities
and accomplishments of the corporation during such
calendar year.
``(B) Data concerning the participation of women,
disabled individuals, and racial and ethnic minorities
in the amateur athletic activities and administration
of the corporation and national governing bodies.
``(C) A description of the steps taken to encourage
the participation of women, disabled individuals, and
racial minorities in amateur athletic activities.
``(D) A description of any lawsuit or grievance
filed against the corporation, including any dispute
initiated under this chapter.
``(E) The agenda and minutes of any meeting of the
board of directors of the corporation that occurred
during such calendar year.
``(F) A report by the compliance committee of the
corporation that, with respect to such calendar year--
``(i) identifies--
``(I) the areas in which the
corporation has met compliance
standards; and
``(II) the areas in which the
corporation has not met compliance
standards; and
``(ii) assesses the compliance of each
member of the corporation and provides a plan
for improvement, as necessary.
``(G) A detailed description of any complaint of
retaliation made during such calendar year, including
the entity involved, the number of allegations of
retaliation, and the outcome of such allegations.
``(3) Public availability.--The corporation shall make each
report under this subsection available to the public on an
easily accessible internet website of the corporation.''; and
(D) by adding at the end the following:
``(b) 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 full access to--
``(A) all records and property owned or used by the
corporation, as necessary to facilitate the audit; and
``(B) 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
spent on compensation and services for
executives and administration officials of the
corporation, including the 20 employees of the
corporation who receive the highest amounts of
compensation.
``(vi) A detailed statement of the amounts
allocated to the national governing bodies.
``(vii) Such comments and information as
the auditor considers necessary to inform
Congress of the financial operations and
condition of the corporation.
``(viii) Recommendations relating to the
financial operations and condition of the
corporation.
``(ix) A description of any financial
conflict of interest (including a description
of any recusal or other mitigating action
taken), evaluated in a manner consistent with
the policies of the corporation, of--
``(I) a member of the board of
directors of the corporation; or
``(II) any senior management
personnel of the corporation.
``(C) Public availability.--
``(i) In general.--The corporation shall
make each report under this paragraph available
to the public on an easily accessible internet
website of the corporation.
``(ii) Personally identifiable
information.--A report made available under
clause (i) shall not include the personally
identifiable information of any individual.''.
(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.''.
(g) Policy With Respect to Bonus and Severance Pay.--
(1) In general.--Section 220507 of title 36, United States
Code, as amended by subsection (d), is further amended by
adding at the end the following:
``(d) Policy Regarding Terms and Conditions of Employment.--The
corporation shall establish a policy--
``(1) not to disperse bonus or severance pay to any
individual named as a subject of an ethics investigation by the
ethics committee of the corporation, until such individual is
cleared of wrongdoing by such investigation; and
``(2) that provides that--
``(A) if the ethics committee determines that an
individual has violated the policies of the
corporation--
``(i) the individual is no longer entitled
to bonus or severance pay previously withheld;
and
``(ii) the compensation committee of the
corporation may reduce or cancel the withheld
bonus or severance pay; and
``(B) in the case of an individual who is the
subject of a criminal investigation, the ethics
committee shall investigate the individual.''.
(2) Applicability.--The amendment made by paragraph (1)
shall not apply to any term of employment for the disbursement
of bonus or severance pay that is in effect as of the day
before the date of the enactment of this Act.
(h) Annual Amateur Athlete Survey.--
(1) In general.--Subchapter I of chapter 2205 of title 36,
United States Code, is amended by adding at the end the
following:
``Sec. 220513. Annual amateur athlete survey
``(a) In General.--Not less frequently than annually, the
corporation shall enter into a contract with an independent third-party
organization to conduct an anonymous survey of amateur athletes who are
actively engaged in amateur athletic competition with respect to--
``(1) their satisfaction with the corporation and the
applicable national governing body; and
``(2) the behaviors, attitudes, and feelings within the
corporation and the applicable national governing body relating
to sexual harassment and abuse.
``(b) Consultation.--A contract under subsection (a) shall require
the independent third-party organization to develop the survey in
consultation with the Center.
``(c) Prohibition on Interference.--If the corporation or a
national governing body makes any effort to undermine the independence
of, introduce bias into, or otherwise influence a survey under
subsection (a), the corporation or the national governing body shall be
decertified.
``(d) Public Availability.-- The corporation shall make the results
of each such survey available to the public on an internet website of
the corporation.''.
(2) Conforming amendment.--The table of sections for
chapter 2205 of title 36, United States Code, is amended by
adding at the end of subchapter I the following:
``220513. Annual amateur athlete survey.''.
SEC. 6. MODIFICATIONS TO NATIONAL GOVERNING BODIES.
(a) Certification of National Governing Bodies.--
(1) In general.--Section 220521 of title 36, United States
Code, is amended--
(A) in the section heading, by striking
``Recognition of amateur sports organizations as
national governing bodies'' and inserting
``Certification of national governing bodies'';
(B) by amending subsection (a) to read as follows:
``(a) In General.--With respect to each sport included on the
program of the Olympic Games, the Paralympic Games, or the Pan-American
Games, the corporation--
``(1) may certify as a national governing body an amateur
sports organization, a high-performance management
organization, or a paralympic sports organization that files an
application and is eligible for such certification under
section 220522; and
``(2) may not certify more than 1 national governing
body.'';
(C) in subsection (b), by striking ``recognizing''
and inserting ``certifying'';
(D) in subsection (c), by striking ``recognizing''
and inserting ``certifying''; and
(E) by amending subsection (d) to read as follows:
``(d) Review of Certification.--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--
``(1) shall review all matters related to the continued
certification of an organization as a national governing body;
``(2) may take action the corporation considers
appropriate, including placing conditions on the continued
certification of an organization as a national governing body;
``(3) shall submit to Congress a summary report of each
review under paragraph (1); and
``(4) shall make each such summary report available to the
public.''.
(2) Technical and conforming amendments.--
(A) Chapter 2205 of title 36, United States Code,
is amended--
(i) in section 220501(b), as amended by
section 5(b)(1), by amending paragraph (9) to
read as follows:
``(9) `national governing body' means an amateur sports
organization, a high-performance management organization, or a
paralympic sports organization that is certified by the
corporation under section 220521.'';
(ii) in section 220504(b), by amending
paragraph (1) to read as follows:
``(1) national governing bodies, including through
provisions that establish and maintain a National Governing
Bodies' Council that is composed of representatives of the
national governing bodies who are selected by their boards of
directors or other governing boards to ensure effective
communication between the corporation and the national
governing bodies;'';
(iii) in section 220505(c), by amending
paragraph (4) to read as follows:
``(4) certify national governing bodies for any sport that
is included on the program of the Olympic Games, the Paralympic
Games, or the Pan-American Games;'';
(iv) in section 220509(b)(2)(A), as
designated by subsection 5(e)(4), by striking
``paralympic sports organizations,'';
(v) in section 220512, by striking ``or
paralympic sports organization'';
(vi) in section 220522--
(I) by striking subsection (b); and
(II) in subsection (a)--
(aa) by striking
``recognized'' each place it
appears and inserting
``certified'';
(bb) by striking
``recognition'' each place it
appears and inserting
``certification'';
(cc) in paragraph (6), by
inserting ``, the Paralympic
Games,'' after ``the Olympic
Games'';
(dd) in paragraph (11)--
(AA) in the matter
preceding subparagraph
(A), by inserting ``,
high-performance
management
organization, or
paralympic sports
organization'' after
``amateur sports
organization''; and
(BB) in
subparagraph (B), by
striking ``amateur
sports'' and inserting
``applicable''; and
(ee) by striking the
subsection designation and
heading and all that follows
through ``An amateur sports
organization'' and inserting
``An amateur sports
organization, a high-
performance management
organization, or a paralympic
sports organization'';
(vii) in section 220524, by striking
``amateur sports'' each place it appears;
(viii) in section 220528--
(I) by striking ``recognition''
each place it appears and inserting
``certification'';
(II) by striking ``recognize'' each
place it appears and inserting
``certify''; and
(III) in subsection (g), in the
subsection heading, by striking
``Recognition'' and inserting
``Certification'';
(ix) in section 220531--
(I) by striking ``, each national
governing body, and each paralympic
sports organization'' each place it
appears and inserting ``and each
national governing body''; and
(II) in subsection (c)(2), by
striking ``each paralympic sports
organization,'';
(x) in section 220541--
(I) in subsection (a)--
(aa) in paragraph (2), by
striking ``, each national
governing body, and each
paralympic sports
organization'' and inserting
``and each national governing
body''; and
(bb) in paragraph (3), by
striking ``and paralympic
sports organizations''; and
(II) in subsection (d)(3), by
striking subparagraph (C);
(xi) in section 220542--
(I) by striking ``or paralympic
sports organization'' each place it
appears; and
(II) in subsection (a)(2)--
(aa) in subparagraph (A),
by striking ``, a paralympic
sports organization,'';
(bb) in subparagraph (E),
by striking ``or a paralympic
sports organization of each
national governing body and
paralympic sports
organization''; and
(cc) in subparagraph
(F)(i)--
(AA) by striking
``, or an adult'' and
inserting ``or an
adult'';
(BB) by striking
``, paralympic sports
organization,''; and
(CC) by striking
``, paralympic sports
organizations,''.
(B) The table of sections for chapter 2205 of title
36, United States Code, is amended by striking the item
relating to section 220521 and inserting the following:
``220521. Certification of national governing bodies.''.
(b) Eligibility Requirements With Respect to Governing Boards.--
Section 220522 of title 36, United States Code, as amended by
subsection (a)(2), is further amended--
(1) in paragraph (2), by inserting ``, including the
ability to provide and enforce required athlete protection
policies and procedures'' before the semicolon;
(2) in paragraph (5), in the matter preceding subparagraph
(A), by inserting ``except with respect to the oversight of the
organization,'' after ``sport,'';
(3) by redesignating paragraphs (10) through (15) as
paragraphs (11) through (16), respectively;
(4) by inserting after paragraph (9) the following:
``(10) ensures that the selection criteria for individuals
and teams that represent the United States are--
``(A) fair, as determined by the corporation in
consultation with the national governing bodies, the
Athletes' Advisory Council, and the United States
Olympians and Paralympians Association;
``(B) clearly articulated in writing and properly
communicated to athletes in a timely manner; and
``(C) consistently applied, using objective and
subjective criteria appropriate to the applicable
sport;'';
(5) 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 are--
``(i) elected by amateur athletes; and
``(ii) actively engaged in amateur athletic
competition in the sport for which
certification 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 by its
board of directors and other such governing boards;'';
(6) in paragraph (15), as so redesignated, by striking ``;
and'' and inserting a semicolon;
(7) in paragraph (16), as so redesignated, by striking the
period at the end and inserting a semicolon; and
(8) by adding at the end the following:
``(17) commits to submitting annual reports to the
corporation that include, for each calendar year--
``(A) a description of the manner in which the
organization--
``(i) carries out the mission to promote a
safe environment in sports that is free from
abuse of amateur athletes (including emotional,
physical, and sexual abuse); and
``(ii) addresses any sanctions or temporary
measures required by the Center;
``(B) a description of any cause of action or
complaint filed against the organization that was
pending or settled during the preceding calendar year;
and
``(C) a detailed statement of--
``(i) the income and expenses of the
organization; and
``(ii) the amounts expended on stipends,
bonuses, and services for amateur athletes,
organized by the level and gender of the
amateur athletes; and
``(18) 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 1 or more policies that prohibit any
individual who is an employee, contractor, or agent of the
national governing body from assisting a member or former
member in obtaining a new job (except for the routine
transmission of administrative and personnel files) if the
individual knows that such member or former member violated the
policies or procedures of the Center related to sexual
misconduct or was convicted of a crime involving sexual
misconduct with a minor in violation of applicable law or the
policies or procedures of the Center;
``(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) Elimination of Exhaustion of Remedies Requirement.--Section
220527 of title 36, United States Code, is amended--
(1) by striking subsection (b);
(2) in subsection (c), by striking ``If the corporation''
and all that follows through ``subsection (b)(1) of this
section, it'' and inserting ``The corporation''; and
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
(e) 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 SAFESPORT.
(a) Name of Center.--
(1) Subchapter IV of chapter 2205 of title 36, United
States Code, as redesignated by section 4(a)(1), is amended in
the subchapter heading by striking ``SAFE SPORT'' and inserting
``SAFESPORT''.
(2) Section 220541 of title 36, United States Code, is
amended--
(A) in the section heading by striking ``safe
sport'' and inserting ``safesport''; and
(B) in subsection (a), in the matter preceding
paragraph (1), by striking ``Safe Sport'' and inserting
``SafeSport''.
(3) Paragraph (5) of section 220501(b) of title 36, United
States Code, as redesignated by section 5(b)(1), is amended by
striking ``United States Center for Safe Sport'' and inserting
``United States Center for SafeSport''.
(4) The table of sections for chapter 2205 of title 36,
United States Code, is amended by striking the item relating to
section 220541 and inserting the following:
``220541. Designation of United States Center for SafeSport.''.
(b) List of Barred Individuals; Audit and Compliance.--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 a semicolon; and
(3) by adding at the end the following:
``(6) maintain an office for compliance and audit that
shall--
``(A) ensure that the national governing bodies and
the corporation implement and follow the policies and
procedures developed by the Center to prevent and
promptly report instances of abuse of amateur athletes,
including emotional, physical, and sexual abuse; and
``(B) establish mechanisms that allow for the
reporting and investigation of alleged violations of
such policies and procedures; and
``(7) publish and maintain a publicly accessible internet
website that contains a comprehensive list of adults who are
barred by the Center.''.
(c) Limitation on Liability.--Section 220541(d) of title 36, United
States Code, as amended by section 6(a)(2), is further amended--
(1) in paragraph (3), by inserting after subparagraph (B)
the following:
``(C) the corporation;'';
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
``(3) Removal to federal court.--
``(A) In general.--Any civil action brought in a
State court against the Center relating to the
responsibilities of the Center under this section,
section 220542, or section 220543, shall be removed, on
request by the Center, to the district court of the
United States in the district in which the action was
brought, and such district court shall have original
jurisdiction over the action without regard to the
amount in controversy or the citizenship of the parties
involved.
``(B) Rule of construction.--Nothing in this
chapter shall be construed to create a private right of
action.''.
(d) Training Materials; Independence; Funding.--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 individuals with disabilities; and
``(2) not less frequently than every 3 years, update such
training materials.
``(f) Independence.--
``(1) Prohibition with respect to former employees and
board members.--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) Athletes serving on board of directors of national
governing body.--
``(A) In general.--An athlete serving on the board
of directors of a national governing body who is not
otherwise employed by the national governing body, may
volunteer at, or serve in an advisory capacity to, the
Center.
``(B) Ineligibility for employment.--An athlete who
has served on the board of directors of a national
governing body shall not be eligible for employment at
the Center during the 2-year period beginning on the
date on which the athlete ceases to serve on such board
of directors.
``(3) Conflicts of interest.--An executive or attorney for
the Center shall be considered to have an inappropriate
conflict of interest if the executive or attorney also
represents the corporation or a national governing body.
``(4) 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.
``(C) Work product.--
``(i) In general.--Any decision, report,
memorandum, work product, notes, or case file
of the Center--
``(I) shall be confidential; and
``(II) shall not be subject to
discovery, subpoena, or any other means
of legal compulsion in any civil action
in which the Center is not a party to
the action.
``(ii) Rule of construction.--Nothing in
this subparagraph shall be construed to
prohibit the Center from providing work product
described in clause (i) to a law enforcement
agency for the purpose of assisting in a
criminal investigation.
``(g) Funding.--
``(1) Mandatory payments.--
``(A) Fiscal year 2020.--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 2020.
``(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 1 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.
``(4) Accountability.--
``(A) In general.--Amounts transferred to the
Center by the corporation or a national governing body
shall be used, in accordance with section 220503(15),
primarily for the purpose of carrying out the duties
and requirements under sections 220541 through 220543
with respect to the investigation and resolution of
allegations of sexual misconduct, or other misconduct,
made by amateur athletes.
``(B) Use of funds.--
``(i) In general.--Of the amounts made
available to the Center by the corporation or a
national governing body in a fiscal year for
the purpose described in section 220503(15)--
``(I) not less than 50 percent
shall be used for processing the
investigation and resolution of
allegations described in subparagraph
(A); and
``(II) not more than 10 percent may
be used for executive compensation of
officers and directors of the Center.
``(ii) Reserve funds.--
``(I) In general.--If, after the
Center uses the amounts as allocated
under clause (i), the Center does not
use the entirety of the remaining
amounts for the purpose described in
subparagraph (A), the Center may retain
not more than 25 percent of such
amounts as reserve funds.
``(II) Return of funds.--The Center
shall return to the corporation and
national governing bodies any amounts,
proportional to the contributions of
the corporation and national governing
bodies, that remain after the retention
described in subclause (I).
``(iii) Lobbying and fundraising.--Amounts
made available to the Center under this
paragraph may not be used for lobbying or
fundraising expenses.
``(h) Compliance Audits.--
``(1) In general.--Not less frequently than annually, the
Center shall carry out an audit of the corporation and each
national governing body--
``(A) to assess compliance with policies and
procedures developed under this subchapter; and
``(B) to ensure that consistent training relating
to the prevention of child abuse is provided to all
staff of the corporation and national governing bodies
who are in regular contact with amateur athletes and
members who are minors subject to parental consent.
``(2) Corrective measures.--
``(A) In general.--The Center may impose on the
corporation or a national governing body a corrective
measure to achieve compliance with the policies and
procedures developed under this subchapter or the
training requirement described in paragraph (1)(B).
``(B) Inclusions.--A corrective measure imposed
under subparagraph (A) may include the implementation
of an athlete safety program or specific policies,
additional compliance audits or training, and the
imposition of a probationary period.
``(C) Enforcement.--
``(i) In general.--On request by the
Center, the corporation shall--
``(I) enforce any corrective
measure required under subparagraph
(A); and
``(II) report the status of
enforcement with respect to a national
governing body within a reasonable
timeframe.
``(ii) Methods.--The corporation may
enforce a corrective measure through any means
available to the corporation, including by
withholding funds from a national governing
body, limiting the participation of the
national governing body in corporation events,
and decertifying a national governing body.
``(iii) Effect of noncompliance.--If the
corporation fails to enforce a corrective
measure within 72 hours of a request under
clause (i), the Center may 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
noncompliance.
``(3) Annual report.--
``(A) In general.--Not less frequently than
annually, the Center shall submit to Congress a report
on the findings of the audit under paragraph (1) for
the preceding year and the status of any corrective
measures imposed as a result of the audit.
``(B) Public availability.--
``(i) In general.--Each report under
subparagraph (A) shall be made available to the
public.
``(ii) Personally identifiable
information.--A report made available to the
public shall not include the personally
identifiable information of any individual.
``(i) Retaliation.--
``(1) Prohibition.--The Center (or any officer, employee,
contractor, subcontractor, or agent of the Center) may not
retaliate against any protected individual because of any
protected disclosure.
``(2) Reporting, investigation, and arbitration.--The
Center shall establish mechanisms for the reporting,
investigation, and resolution (through binding third-party
arbitration) of complaints of alleged retaliation against a
protected individual.
``(3) Disciplinary action.--If the Center finds that an
officer or employee of the Center (or any contractor,
subcontractor, or agent of the Center) has retaliated against a
protected individual, the Center shall take appropriate
disciplinary action with respect to any such individual found
to have retaliated against the protected individual.
``(4) Remedies.--
``(A) In general.--If the Center finds that an
officer or employee of the Center (or any contractor,
subcontractor, or agent of the Center) has retaliated
against a protected individual, the Center shall
promptly--
``(i) take affirmative action to abate the
violation;
``(ii) reinstate the complainant to the
former position with the same pay and terms and
privileges; and
``(iii) pay compensatory damages, including
economic damages (including backpay with
interest) and any special damages sustained as
a result of the retaliation, including damages
for pain and suffering, reasonable attorney
fees, and costs.
``(5) Enforcement action and procedures.--
``(A) In general.--If the Center has not issued a
final decision within 180 days of the filing of the
complaint and there is no showing that such delay is
due to the bad faith of the complainant, the
complainant may bring an action at law or equity for de
novo review in the appropriate district court of the
United States, which shall have jurisdiction over such
an action without regard to the amount in controversy.
``(B) Jury trial.--A party to an action brought
under paragraph (A) shall be entitled to trial by jury.
``(C) Relief.--The court shall have jurisdiction to
grant all relief under paragraph (4).
``(6) Statute of limitations.--An action under paragraph
(2) shall be commenced not later than 2 years after the date on
which the violation occurs, or after the date on which the
protected individual became aware of the violation.
``(7) Burdens of proof.-- An action under paragraph (2) or
(5) shall be governed as follows:
``(A) Required showing by complainant.--The Center
shall dismiss a complaint filed under this subsection
and shall not conduct an investigation unless the
complainant makes a prima facie showing that any
retaliation was a contributing factor in the action
alleged in the complaint.
``(B) Criteria for determination by arbitration.--
The arbitration may determine that a violation of
paragraph (1) has occurred only if the complainant
demonstrates that the retaliation was a contributing
factor in the action alleged in the complaint.
``(C) Prohibition.--Relief may not be ordered under
paragraph (4) if the Center demonstrates by clear and
convincing evidence that the Center would have taken
the same action in the absence of that behavior.
``(8) Review.--Any person adversely affected or aggrieved
by an order issued under paragraph (4) may obtain review of the
order in the United States Court of Appeals for the circuit in
which the violation, with respect to which the order was
issued, allegedly occurred or the circuit in which the
complainant resided on the date of such violation. The petition
for review must be filed not later than 60 days after the date
of the issuance of the arbitration decision of the Center.
Review shall conform to chapter 7 of title 5, United States
Code. The commencement of proceedings under this subparagraph
shall not, unless ordered by the court, operate as a stay of
the order.
``(9) Rights retained by employee.--Nothing in this section
shall be deemed to diminish the rights, privileges, or remedies
of any employee under any Federal or State law, or under any
collective bargaining agreement.
``(10) Nonenforceability of certain provisions waiving
rights and remedies.--The rights and remedies provided for in
this section may not be waived by any agreement, policy form,
or condition of employment.
``(11) Protected individual.--For purposes of this
subsection, a protected individual includes any official or
employee of the Center and any contractor or subcontractor of
the Center.
``(j) Reports to Corporation.--Not later than 30 days after the end
of each calendar quarter that begins after the date of the enactment of
the Empowering Olympic and Amateur Athletes Act of 2019, the Center
shall submit to the corporation a statement of the following:
``(1) The number and nature of misconduct complaints
referred to the Center, by sport.
``(2) The number and type of pending misconduct complaints
under investigation by the Center.
``(3) The number of misconduct complaints for which an
investigation was terminated or otherwise closed by the Center.
``(4) The number of such misconduct complaints reported to
law enforcement agencies by the Center for further
investigation.
``(5) The number of discretionary cases accepted or
declined by the Center, by sport.
``(6) The average time required for resolution of such
cases and misconduct complaints.
``(7) Information relating to the educational activities
and trainings conducted by the office of education and outreach
of the Center during the preceding quarter, including the
number of educational activities and trainings developed and
provided.
``(k) Certifications of Independence.--
``(1) In general.--Not later than 180 days after the end of
a fiscal year, the Comptroller General of the United States
shall make available to the public a certification relating to
the Center's independence from the corporation.
``(2) Elements.--A certification required by paragraph (1)
shall include the following:
``(A) A finding of whether a violation of a
prohibition on employment of former employees or board
members of the corporation under subsection (f) has
occurred during the year preceding the certification.
``(B) A finding of whether an executive or attorney
for the Center has had an inappropriate conflict of
interest during that year.
``(C) A finding of whether the corporation has
interfered in, or attempted to influence the outcome
of, an investigation by the Center.
``(D) Any recommendations of the Comptroller
General for resolving any potential risks to the
Center's independence from the corporation.
``(3) Authority of comptroller general.--
``(A) In general.--The Comptroller General may take
such reasonable steps as, in the view of the
Comptroller General, are necessary to be fully informed
about the operations of the corporation and the Center.
``(B) Specific authorities.--The Comptroller
General shall have--
``(i) access to, and the right to make
copies of, any and all nonprivileged books,
records, accounts, correspondence, files, or
other documents or electronic records,
including emails, of officers, agents, and
employees of the Center or the corporation; and
``(ii) the right to interview any officer,
employee, agent, or consultant of the Center or
the corporation.
``(C) Treatment of privileged information.--If,
under this subsection, the Comptroller General seeks
access to information contained within privileged
documents or materials in the possession of the Center
or the corporation, the Center or the corporation, as
the case may be, shall, to the maximum extent
practicable, provide the Comptroller General with the
information without compromising the applicable
privilege.''.
(e) 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) 1 or more policies that prohibit any
individual who is an employee, contractor, or agent of
the Center from assisting a member or former member in
obtaining a new job (except for the routine
transmission of administrative and personnel files) if
the individual knows that such member or former member
violated the policies or procedures of the Center
related to sexual misconduct or was convicted of a
crime involving sexual misconduct with a minor in
violation of applicable law;
``(D) a requirement that the Center, including any
officer, agent, attorney, or staff member of the
Center, shall not take any action to notify an alleged
perpetrator of abuse of an amateur athlete of any
ongoing investigation or accusation unless--
``(i) the Center has reason to believe an
imminent hazard will result from failing to so
notify the alleged perpetrator; or
``(ii) law enforcement--
``(I) authorizes the Center to take
such action; or
``(II) declines or fails to act on,
or fails to respond to the Center with
respect to, 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 the
corporation or any national governing body 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 decision 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 Center 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.''.
(f) Records, Audits, and Reports.--Section 220543 of title 36,
United States Code, is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Audits and Transparency.--
``(1) Annual audit.--
``(A) In general.--Not less frequently than
annually, the financial statements of the Center for
the preceding fiscal year shall be audited by an
independent auditor in accordance with generally
accepted accounting principles--
``(i) to ensure the adequacy of the
internal controls of the Center; and
``(ii) to prevent waste, fraud, or misuse
of funds transferred to the Center by the
corporation or the national governing bodies.
``(B) Location.--An audit under subparagraph (A)
shall be conducted at the location at which the
financial statements of the Center normally are kept.
``(C) Report.--Not later than 180 days after the
date on which an audit under subparagraph (A) is
completed, the independent auditor shall issue an audit
report.
``(D) Corrective action plan.--
``(i) In general.--On completion of the
audit report under subparagraph (C) for a
fiscal year, the Center shall prepare, in a
separate document, a corrective action plan
that responds to any corrective action
recommended by the independent auditor.
``(ii) Matters to be included.--A
corrective action plan under clause (i) shall
include the following for each such corrective
action:
``(I) The name of the person
responsible for the corrective action.
``(II) A description of the planned
corrective action.
``(III) The anticipated completion
date of the corrective action.
``(IV) In the case of a recommended
corrective action based on a finding in
the audit report with which the Center
disagrees, or for which the Center
determines that corrective action is
not required, an explanation and a
specific reason for noncompliance with
the recommendation.
``(2) Access to records and personnel.--With respect to an
audit under paragraph (1), the Center shall provide the
independent auditor access to all records, documents, and
personnel and financial statements of the Center necessary to
carry out the audit.
``(3) Public availability.--
``(A) In general.--The Center shall make available
to the public on an easily accessible internet website
of the Center--
``(i) each audit report under paragraph
(1)(C);
``(ii) the Internal Revenue Service Form
990 of the Center for each year, filed under
section 501(c) of the Internal Revenue Code of
1986; and
``(iii) the minutes of the quarterly
meetings of the board of directors of the
Center.
``(B) Personally identifiable information.--An
audit report or the minutes made available under
subparagraph (A) shall not include the personally
identifiable information of any individual.
``(4) Rule of construction.--For purposes of this
subsection, the Center shall be considered a private entity.
``(c) Report.--The Center shall submit an annual report to
Congress, including--
``(1) a strategic plan with respect to the manner in which
the Center shall fulfill its duties under sections 220541 and
220542;
``(2) a detailed description of the efforts made by the
Center to comply with such strategic plan during the preceding
year;
``(3) any financial statement necessary to present fairly
the assets, liabilities, and surplus or deficit of the Center
for the preceding year;
``(4) an analysis of the changes in the amounts of such
assets, liabilities, and surplus or deficit during the
preceding year;
``(5) a detailed description of Center activities,
including--
``(A) the number and nature of misconduct
complaints referred to the Center;
``(B) the total number and type of pending
misconduct complaints under investigation by the
Center;
``(C) the number of misconduct complaints for which
an investigation was terminated or otherwise closed by
the Center; and
``(D) the number of such misconduct complaints
reported to law enforcement agencies by the Center for
further investigation;
``(6) a detailed description of any complaint of
retaliation made during the preceding year by an officer or
employee of the Center or a contractor or subcontractor of the
Center that includes--
``(A) the number of such complaints; and
``(B) the outcome of each such complaint;
``(7) information relating to the educational activities
and trainings conducted by the office of education and outreach
of the Center during the preceding year, including the number
of educational activities and trainings developed and provided;
and
``(8) a description of the activities of the Center.
``(d) Definitions.--In this section--
``(1) `audit report' means a report by an independent
auditor that includes--
``(A) an opinion or a disclaimer of opinion that
presents the assessment of the independent auditor with
respect to the financial records of the Center,
including whether such records are accurate and have
been maintained in accordance with generally accepted
accounting principles;
``(B) an assessment of the internal controls used
by the Center that describes the scope of testing of
the internal controls and the results of such testing;
and
``(C) a compliance assessment that includes an
opinion or a disclaimer of opinion as to whether the
Center has complied with the terms and conditions of
subsection (b); and
``(2) `independent auditor' means an independent certified
public accountant or independent licensed public accountant,
certified or licensed by a regulatory authority of a State or a
political subdivision of a State, who meets the standards
specified in generally accepted accounting principles.''.
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.''.
SEC. 9. ENHANCED CHILD ABUSE REPORTING.
Section 226(c)(9) of the Victims of Child Abuse Act of 1990 (34
U.S.C. 20341(c)(9)) is amended--
(1) by striking ``adult who is authorized'' and inserting
the following: ``adult who--
``(A) is authorized'';
(2) in subparagraph (A), as so designated, by inserting
``or'' after the semicolon at the end; and
(3) by adding at the end the following:
``(B) is an employee or representative of the
United States Center for SafeSport;''.
SEC. 10. COMMISSION ON THE STATE OF U.S. OLYMPICS AND PARALYMPICS.
(a) Establishment.--There is established within the legislative
branch a commission, to be known as the ``Commission on the State of
U.S. Olympics and Paralympics'' (referred to in this section as the
``Commission'').
(b) Composition.--
(1) In general.--The Commission shall be composed of 16
members, of whom--
(A) 4 members shall be appointed by the chairman of
the Committee on Commerce, Science, and Transportation
of the Senate;
(B) 4 members shall be appointed by the ranking
member of the Committee on Commerce, Science, and
Transportation of the Senate;
(C) 4 members shall be appointed by the chairman of
the Committee on Energy and Commerce of the House of
Representatives; and
(D) 4 members shall be appointed by the ranking
member of the Committee on Energy and Commerce of the
House of Representatives.
(2) Co-chairs.--Of the members of the Commission--
(A) 1 co-chair shall be designated by the chairman
of the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) 1 co-chair shall be designated by the chairman
of the Committee on Energy and Commerce of the House of
Representatives.
(3) Qualifications.--
(A) In general.--Each member appointed to the
Commission shall have--
(i) experience in--
(I) amateur or professional
athletics;
(II) athletic coaching;
(III) public service relating to
sports; or
(IV) professional advocacy for
increased minority participation in
sports; or
(ii) expertise in bullying prevention and
the promotion of a healthy organizational
culture.
(B) Olympic or paralympic athletes.--Not fewer than
8 members appointed under paragraph (1) shall be
Olympic or Paralympic athletes.
(c) Initial Meeting.--Not later than 30 days after the date on
which the last member is appointed under paragraph (1), the Commission
shall hold an initial meeting.
(d) Quorum.--11 members of the Commission shall constitute a
quorum.
(e) No Proxy Voting.--Proxy voting by members of the Commission
shall be prohibited.
(f) Staff.--The co-chairs of the Commission shall appoint an
executive director of the Commission, and such staff as appropriate,
with compensation.
(g) Public Hearings.--The Commission shall hold 1 or more public
hearings.
(h) Travel Expenses.--Members of the Commission shall serve without
pay, but shall receive travel expenses in accordance with sections 5702
and 5703 of title 5, United States Code.
(i) Duties of Commission.--
(1) Study.--
(A) In general.--The Commission shall conduct a
study on matters relating to the state of United States
participation in the Olympic and Paralympic Games.
(B) Matters studied.--The study under subparagraph
(A) shall include--
(i) a description of proposed reforms to
the structure of the United States Olympic and
Paralympic Committee;
(ii) an assessment as to whether the board
of directors of the United States Olympic and
Paralympic Committee includes diverse members,
including athletes;
(iii) an assessment of United States
athlete participation levels in the Olympic and
Paralympic Games;
(iv) a description of the status of any
United States Olympic and Paralympic Committee
licensing arrangement;
(v) an assessment as to whether the United
States is achieving the goals for the Olympic
and Paralympic Games set by the United States
Olympic and Paralympic Committee;
(vi) an analysis of the participation in
amateur athletics of--
(I) women;
(II) disabled individuals; and
(III) minorities;
(vii) a description of ongoing efforts by
the United States Olympic and Paralympic
Committee to recruit the Olympic and Paralympic
Games to the United States;
(viii) an evaluation of the functions of
the national governing bodies (as defined in
section 220502 of title 36, United States Code)
and an analysis of the responsiveness of the
national governing bodies to athletes with
respect to the duties of the national governing
bodies under section 220524(a)(3) of title 36,
United States Code; and
(ix) an assessment of the finances and the
financial organization of the United States
Olympic and Paralympic Committee.
(2) Report.--
(A) In general.--Not later than 270 days after the
date of the enactment of this Act, the Commission shall
submit to Congress a report on the results of the study
conducted under paragraph (1), including a detailed
statement of findings, conclusions, recommendations,
and suggested policy changes.
(B) Public availability.--The report required by
subparagraph (A) shall be made available to the public
on an internet website of the United States Government
that is available to the public.
(j) Powers of Commission.--
(1) Subpoena authority.--The Commission may subpoena an
individual the testimony of whom may be relevant to the purpose
of the Commission.
(2) Furnishing information.--On request by the executive
director of the Commission, the head of a Federal agency shall
furnish information to the Commission.
(k) Termination of Commission.--The Commission shall terminate 90
days after the date on which the Commission submits the report under
subsection (i)(2).
(l) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 11. PROTECTING ABUSE VICTIMS FROM RETALIATION.
(a) Definitions.--Section 220501(b) of title 36, United States
Code, as amended by section 6(a)(2), is further amended--
(1) by redesignating paragraphs (8), (9), and (10) as
paragraphs (9), (10), and (14), respectively; and
(2) by inserting after paragraph (7) the following:
``(8) `covered entity' means--
``(A) an officer or employee of the Center;
``(B) a coach, trainer, manager, administrator, or
other employee or official associated with the
corporation or a national governing body;
``(C) the Department of Justice;
``(D) a Federal or State law enforcement authority;
``(E) a Federal or State entity responsible for
receiving reports of child abuse;
``(F) the Equal Employment Opportunity Commission
or other State or Federal entity with responsibility
over claims of sexual harassment; or
``(G) any other person who the protected individual
reasonably believes has authority to investigate or act
on information relating to abuse, including--
``(i) emotional, physical, or sexual abuse;
and
``(ii) sexual harassment.''; and
(3) by inserting after paragraph (10), as so redesignated,
the following:
``(11) `protected disclosure' means any lawful act of a
protected individual, or in the case of a protected individual
who is a minor, an individual acting on behalf of a protected
individual--
``(A) to provide information to, cause information
to be provided to, or otherwise assist in an
investigation by a covered entity (or to be perceived
as providing information to, causing information to be
provided to, or otherwise assisting in such an
investigation) relating to abuse, including--
``(i) emotional, physical, or sexual abuse;
``(ii) sexual harassment; and
``(iii) a violation of anti-abuse policies,
practices, and procedures established pursuant
to paragraph (3) of section 220541(a) and
paragraph (2) of section 220542(a);
``(B) to file, cause to be filed, testify,
participate in, or otherwise assist in a proceeding
filed or about to be filed (or be perceived as filing,
causing to be filed, testifying, participating in, or
otherwise assisting in such an investigation) relating
to abuse, including--
``(i) emotional, physical, or sexual abuse;
``(ii) sexual harassment; and
``(iii) a violation of anti-abuse policies
and procedures established pursuant to
paragraph (3) of section 220541(a) and
paragraph (2) of section 220542(a);
``(C) in communication with Congress; or
``(D) in the case of an amateur athlete, in
communication with the Office of the Athlete Ombudsman.
``(12) `protected individual' means any--
``(A) amateur athlete, coach, medical professional,
or trainer associated with the corporation or a
national governing body; or
``(B) any official or employee of the corporation,
a national governing body, or a contractor or
subcontractor of the corporation or a national
governing body.
``(13) `retaliation' means any adverse or discriminatory
action, or the threat of an adverse or discriminatory action,
carried out against a protected individual because of any
protected disclosure, including--
``(A) discipline;
``(B) discrimination regarding pay, terms, or
privileges;
``(C) removal from a training facility;
``(D) reduced coaching or training;
``(E) reduced meals or housing; and
``(F) removal from competition.''.
(b) Resolution of Disputes.--Section 220509 of title 36, United
States Code, is amended--
(1) in subsection (a), in the first sentence, by inserting
``complaints of retaliation or'' after ``relating to''; and
(2) by adding at the end the following:
``(c) Retaliation.--
``(1) In general.--The corporation, the national governing
bodies, or any officer, employee, contractor, subcontractor, or
agent of the corporation or a national governing body may not
retaliate against any protected individual because of any
protected disclosure.
``(2) Reporting, investigation, and arbitration.--The
corporation shall establish mechanisms for the reporting,
investigation, and resolution (through binding third-party
arbitration) of complaints of alleged retaliation.
``(3) Disciplinary action.--If the corporation finds that
an officer or employee of the corporation or a national
governing body (or any contractor, subcontractor, or agent of
the corporation or a national governing body) has retaliated
against a protected individual, the corporation or national
governing body, as applicable, shall take appropriate
disciplinary action with respect to any such individual found
to have retaliated against the protected individual.
``(4) Remedies.--
``(A) In general.--If the corporation finds that an
officer or employee of the corporation or a national
governing body (or any contractor, subcontractor, or
agent of the corporation or a national governing body)
has retaliated against a protected individual, the
corporation or national governing body, as applicable,
shall promptly--
``(i) take affirmative action to abate the
violation;
``(ii) reinstate the complainant to the
former position with the same pay and terms and
privileges; and
``(iii) pay compensatory damages, including
economic damages (including backpay with
interest) and any special damages sustained as
a result of the retaliation, including damages
for pain and suffering, reasonable attorney
fees, and costs.
``(B) Reimbursement from national governing body.--
In the case of a national governing body found to have
retaliated against a protected individual, the
corporation may demand reimbursement from the national
governing body for damages paid by the corporation
under subparagraph (A).
``(5) Enforcement action and procedures.--
``(A) In general.--If the corporation has not
issued a final decision within 180 days of the filing
of the complaint and there is no showing that such
delay is due to the bad faith of the complainant, the
complainant may bring an action at law or equity for de
novo review in the appropriate district court of the
United States, which shall have jurisdiction over such
an action without regard to the amount in controversy.
``(B) Jury trial.--A party to an action brought
under paragraph (A) shall be entitled to trial by jury.
``(C) Relief.--The court shall have jurisdiction to
grant all relief under paragraph (4).
``(6) Statute of limitations.--An action under paragraph
(2) shall be commenced not later than 2 years after the date on
which the violation occurs, or after the date on which the
protected individual became aware of the violation.
``(7) Burdens of proof.-- An action under paragraph (2) or
(5) shall be governed as follows:
``(A) Required showing by complainant.--The
corporation shall dismiss a complaint filed under this
subsection and shall not conduct an investigation
unless the complainant makes a prima facie showing that
any retaliation was a contributing factor in the action
alleged in the complaint.
``(B) Criteria for determination by the
arbitration.--The arbitration may determine that a
violation of paragraph (1) has occurred only if the
complainant demonstrates that the retaliation was a
contributing factor in the action alleged in the
complaint.
``(C) Prohibition.--Relief may not be ordered under
paragraph (4) if the corporation or national governing
body, as applicable, demonstrates by clear and
convincing evidence that the corporation or national
governing body would have taken the same action in the
absence of that behavior.
``(8) Review.--Any person adversely affected or aggrieved
by an order issued under paragraph (4) may obtain review of the
order in the United States Court of Appeals for the circuit in
which the violation, with respect to which the order was
issued, allegedly occurred or the circuit in which the
complainant resided on the date of such violation. The petition
for review shall be filed not later than 60 days after the date
of the issuance of the arbitration decision of the corporation.
Review shall conform to chapter 7 of title 5, United States
Code. The commencement of proceedings under this paragraph
shall not, unless ordered by the court, operate as a stay of
the order.
``(9) Rights retained.--Nothing in this subsection shall be
deemed to diminish the rights, privileges, or remedies of any
employee or other individual under any Federal or State law, or
under any collective bargaining agreement.
``(10) Nonenforceability of certain provisions waiving
rights and remedies.--The rights and remedies provided for in
this subsection may not be waived by any agreement, policy
form, or condition of employment or association with the
corporation or a national governing body.''.
(c) Eligibility Requirements for National Governing Bodies.--
Section 220522 of title 36, United States Code, as amended by section
6(b), is further amended--
(1) in clause (ii) of paragraph (17)(C), by striking ``;
and'' and inserting a semicolon;
(2) in paragraph (18), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(19) provides protection from retaliation to protected
individuals.''.
SEC. 12. SEVERABILITY.
If any provision of this Act, or an amendment made by this Act, is
determined to be unenforceable or invalid, the remaining provisions of
this Act and the amendments made by this Act shall not be affected.
Calendar No. 503
116th CONGRESS
2d Session
S. 2330
[Report No. 116-245]
_______________________________________________________________________
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.
_______________________________________________________________________
July 29, 2020
Reported with an amendment