116 S2330 RS: Empowering Olympic and Amateur Athletes Act of 2019 U.S. Senate 2019-07-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

Calendar No. 503116th CONGRESS2d Session

S. 2330

[Report No. 116–245]

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.

Short title

This Act may be cited as the

Empowering Olympic and Amateur Athletes Act of 2019

Findings

Congress makes the following findings:(1)The courageous voice of survivors is a call to action to end emotional, physical, and sexual abuse in the Olympic and Paralympic movement.(2)Larry Nassar, the former national team doctor for USA Gymnastics, sexually abused over 300 athletes for over two decades because of ineffective oversight by USA Gymnastics and the United States Olympic Committee.(3)While the case of Larry Nassar is unprecedented in scale, the case is hardly the only recent incident of sexual abuse in amateur sports.(4)Survivors of Larry Nassar’s abuse and all survivors of abuse in the Olympic and Paralympic movement deserve justice and redress for the wrongs the survivors have suffered.(5)After a comprehensive congressional investigation, including interviews and statements from survivors, former and current organization officials, law enforcement, and advocates, Congress found that the United States Olympic Committee and USA Gymnastics fundamentally failed to uphold their existing statutory purposes and duties to protect amateur athletes from sexual, emotional, or physical abuse.(6)USA Gymnastics and the United States Olympic Committee knowingly concealed abuse by Larry Nassar, leading to the abuse of dozens of additional amateur athletes during the period beginning in the summer of 2015 and ending in September 2016.(7)Ending abuse in the Olympic and Paralympic movement requires enhanced oversight to ensure that the Olympic and Paralympic movement does more to serve athletes and protect their voice and safety.

United States Olympic and Paralympic Committee

(a)

In general

Chapter 2205 of title 36, United States Code, is amended—(1)in section 220501(b)(6), by striking United States Olympic Committee and inserting United States Olympic and Paralympic Committee;(2)in section 220502, by amending subsection (c) to read as follows:

(c)

References to United States Olympic Association and United States Olympic Committee

Any reference to the United States Olympic Association or the United States Olympic Committee is deemed to refer to the United States Olympic and Paralympic Committee.

;

(3)in section 2205506(a), by striking United States Olympic Committee and inserting United States Olympic and Paralympic Committee; and(4)in section 220531, by striking United States Olympic Committee each place it appears and inserting United States Olympic and Paralympic Committee.(b)

Conforming amendment

The table of chapters for part B of subtitle II of title 36, United States Code, is amended by striking the item relating to chapter 2205 and inserting the following:

2205.

United States Olympic and Paralympic Committee

220501

Congressional oversight of United States Olympic and Paralympic Committee and national governing bodies

(a)

In general

Chapter 2205 of title 36, United States Code, is amended—(1)by redesignating the second subchapter designated as subchapter III (relating to the United States Center for Safe Sport), as added by section 202 of the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 (Public Law 115–126; 132 Stat. 320) as subchapter IV; and(2)by adding at the end the following:

Dissolution of board of directors of corporation and termination of recognition of national governing bodies

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.

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.

220553.

Joint resolution

(a)

Referral and reporting

(1)

House of Representatives

(A)

In general

In the House of Representatives, a joint resolution shall be referred to the Committee on Energy and Commerce.(B)

Discharge

The Committee on Energy and Commerce shall be discharged from further consideration of a joint resolution and the joint resolution shall be referred to the appropriate calendar on the date on which not less than three-fifths of the Members of the House of Representatives, duly chosen and sworn, are listed as cosponsors of the joint resolution.(C)

Limitation on consideration

Except as provided in subsection (e)(1), it shall not be in order for the House of Representatives to consider a joint resolution unless—(i)the joint resolution is reported by the Committee on Energy and Commerce; or(ii)the Committee on Energy and Commerce is discharged from further consideration of the joint resolution under subparagraph (B).(2)

Senate

(A)

In general

In the Senate, a joint resolution shall be referred to the Committee on Commerce, Science, and Transportation.(B)

Discharge

The Committee on Commerce, Science, and Transportation shall be discharged from further consideration of the joint resolution and the joint resolution shall be referred to the appropriate calendar on the date on which not less than three-fifths of the Members of the Senate, duly chosen and sworn, are listed as cosponsors of the joint resolution.(C)

Limitation on consideration

Except as provided in subsection (e)(1), it shall not be in order for the Senate to consider a joint resolution unless—(i)the joint resolution is reported by the Committee on Commerce, Science, and Transportation; or(ii)the Committee on Commerce, Science, and Transportation is discharged from further consideration of the joint resolution under subparagraph (B).(b)

Expedited consideration in House of Representatives

(1)

Proceeding to consideration

After the Committee on Energy and Commerce reports a joint resolution to the House of Representatives or has been discharged from its consideration in accordance with subsection (a)(1)(B), it shall be in order to move to proceed to consider the joint resolution in the House of Representatives. All points of order against the motion are waived. Such a motion shall not be in order after the House of Representatives has disposed of a motion to proceed on a joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion is highly privileged in the House of Representatives and is not debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order.(2)

Consideration

A joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its final passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order.(c)

Expedited procedure in senate

(1)

Motion to proceed

Notwithstanding rule XXII of the Standing Rules of the Senate, after the Committee on Commerce, Science, and Transportation reports a joint resolution to the Senate or has been discharged from its consideration in accordance with subsection (a)(2)(B), it shall be in order for any Member of the Senate to move to proceed to the consideration of the joint resolution. A motion to proceed is in order even though a previous motion to the same effect has been disagreed to. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business until disposed of.(2)

Consideration

Consideration of a joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the Majority and Minority Leaders or their designees. A motion further to limit debate is in order and not debatable. A motion to postpone, a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. Any debatable motion is debatable for not to exceed 1 hour, to be divided equally between those favoring and those opposing the motion. All time used for consideration of the joint resolution, including time used for quorum calls and voting, shall be counted against the total 10 hours of consideration.(3)

Vote on passage

If the Senate has voted to proceed to a joint resolution, the vote on passage of the joint resolution shall occur immediately following the conclusion of consideration of the joint resolution, and a single quorum call at the conclusion of the consideration if requested in accordance with the rules of the Senate.(4)

Rulings of the chair on procedure

Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution shall be decided without debate.(d)

Amendments not in order

A joint resolution shall not be subject to amendment in either the House of Representatives or the Senate.(e)

Rules to coordinate action with other house

(1)

Treatment of joint resolution of other house

(A)

In general

If the Senate or House of Representatives fails to introduce or consider a joint resolution under this section, the joint resolution of the other House—(i)shall be entitled to expedited floor procedures described under this section; and(ii)may be referred in the receiving chamber or may be held at the desk.(B)

Potential referral

If a joint resolution referred to a committee under subparagraph (A)(ii) is cosponsored by not less than three-fifths of the Members of the originating House, duly chosen and sworn, the committee shall report the joint resolution not later than 20 days after the date on which the joint resolution is referred to the committee.(2)

Vetoes

If the President vetoes a joint resolution, debate on a veto message in the Senate under this section shall be 1 hour equally divided between the Majority and Minority leaders or their designees.(f)

Rulemaking function

This section is enacted by Congress—(1)as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and(2)with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

(b)

Technical and conforming amendments

The table of sections for chapter 2205 of title 36, United States Code, is amended—(1)by striking the second item relating to subchapter III (relating to the United States Center for Safe Sport), as added by section 202 of the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 (Public Law 115–126; 132 Stat. 320) and inserting the following:

SUBCHAPTER IV—United States Center for Safe Sport

; and

(2)by adding at the end the following:

SUBCHAPTER V—Dissolution of board of directors of corporation and termination of recognition of national governing bodies

220551. Definitions.

220552. Dissolution of board of directors of corporation and termination of recognition of national governing bodies.

220553. Joint resolution.

(c)

Effective date

The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act.

Modifications to United States Olympic and Paralympic Committee

(a)

Purposes of the corporation

Section 220503 of title 36, United States Code, is amended—(1)in paragraph (14), by striking ; and and inserting a semicolon;(2)in paragraph (15), by striking the period at the end and inserting ; and; and(3)by adding at the end the following:

(16)to exercise effective oversight of the national governing bodies with respect to the establishment of a safe environment in sports that is free from abuse, including emotional, physical, and sexual abuse, of any amateur athlete.

(b)

Representation of amateur athletes

Section 220504 of title 36, United States Code, is amended—(1)in subsection (b)(2)—(A)in the matter preceding subparagraph (A), by striking within the preceding 10 years;(B)in subparagraph (A), by striking ; and and inserting a semicolon;(C)in subparagraph (B)—(i)by striking 20 percent and inserting 1/3; and(ii)by inserting , including any panel empowered to resolve grievances before the semicolon;(D)by redesignating subparagraph (B) as subparagraph (D); and(E)by inserting after subparagraph (A) the following:

(B)ensure that the chair of the Athletes' Advisory Council holds voting power on the board of directors of the corporation and in the committees and entities of the corporation;(C)require that 1/3 of the membership of the board of directors of the corporation shall be composed of, and elected by, such amateur athletes; and

; and

(2)by adding at the end the following:

(c)

Conflict of interest

An amateur athlete who represents amateur athletes under subsection (b)(2) shall not be employed by the Center during the 2-year period beginning on the date on which the amateur athlete ceases such representation.

(c)

Duty of care

(1)

In general

Section 220505 of title 36, United States Code, is amended—(A)in the section heading, by striking

Powers

and inserting

Powers and duty of care

; and(B)by adding at the end the following:

(d)

Duty of care

(1)

In general

The corporation owes to amateur athletes a duty of care—(A)to ensure that each national governing body and paralympic sports organization complies with the oversight practices, policies, and procedures developed under paragraph (3) of section 220541(a);(B)to immediately report to law enforcement any allegation of child abuse of an amateur athlete who is a minor;(C)to ensure that each national governing body and paralympic sports organization has in place policies and procedures to report immediately any allegation of child abuse of an amateur athlete, consistent with—(i)the polices and procedures developed under paragraph (3) of section 220541(a); and(ii)the requirement described in paragraph (2)(A) of section 220542(a); and(D)to ensure that each national governing body and paralympic sports organizations enforces temporary measures and sanctions issued pursuant to the authority of the Center.(2)

Rule of construction

Nothing in this subsection shall be construed to preempt or otherwise abrogate the duty of care of the corporation under State law or the common law.

(2)

Conforming amendment

The table of sections for chapter 2205 of title 36, United States Code, is amended by striking the item relating to section 220505 and inserting the following:

220505. Powers and duty of care.

(d)

Policy with respect to assisting member or former member To obtain new jobs

Section 220507 of title 36, United States Code, is amended by adding at the end the following:

(c)

Policy with respect to assisting members or former members in obtaining new jobs

The corporation shall develop one or more policies that prohibit any individual who is an employee, a contractor, or an agent of the corporation from assisting a member or former member in obtaining a new job, except the routine transmission of administrative and personnel files, if the individual knows that such member or former member engaged in sexual misconduct regarding a minor in violation of the law.

(e)

Office of Ombudsman

Section 220509(b) of title 36, United States Code, is amended—(1)in the subsection heading, by striking

Ombudsman

and inserting

Office of the Ombudsman

;(2)in paragraph (2)—(A)in subparagraph (A), by moving clauses (i) through (iii) two ems to the right;(B)by striking (2) (A) The procedure and inserting the following:

(2)

Hiring procedures; vacancy; termination

(A)

Hiring procedures

The procedure

;

(C)in subparagraph (B)—(i)by moving clauses (i) through (iii) to ems to the right; and(ii)by striking (B) The corporation and inserting the following:

(C)

Termination

The corporation

; and

(D)in the undesignated matter following clause (iii) of subparagraph (A), by striking If there is and inserting the following:

(B)

Vacancy

If there is

;

(3)by redesignating paragraph (2) as paragraph (3);(4)in paragraph (1), in the matter preceding subparagraph (A), by striking (1) The corporation and all that follows through who shall— and inserting the following:

(1)

In general

The corporation shall hire and provide salary, benefits, and administrative expenses for an ombudsman and support staff for athletes.(2)

Duties

The ombudsman shall—

;

(5)in paragraph (2), as so designated by paragraph (4)—(A)in subparagraph (B), by striking ; and and inserting a semicolon;(B)by redesignating subparagraph (C) as subparagraph (D); and(C)by inserting after subparagraph (B) the following:

(C)provide independent advice to reporting parties with respect to—(i)the role, responsibility, and authority of the Center;(ii)the relative merits of engaging legal counsel; and(iii)the factual allegations that may support the ability of the Center to pursue a claim of abuse; and

; and

(6)by inserting after paragraph (3), as redesignated by paragraph (3), the following:

(4)

Confidentiality

(A)

In general

Except as provided in subparagraph (B), the ombudsman shall maintain confidential any information communicated or provided to the ombudsman in any matter involving the exercise of the official duties of the ombudsman.(B)

Exception

The ombudsman may disclose information described in subparagraph (A) as necessary to resolve or mediate a dispute.(C)

Judicial and administrative proceedings

(i)

In general

The ombudsman shall not be compelled to testify or produce evidence in any judicial or administrative proceeding with respect to any matter involving the exercise of the duties of the ombudsman.(ii)

Work product

Any memorandum, work product, notes, or case file of the office of the ombudsman—(I)shall be confidential; and(II)shall not be—(aa)subject to discovery, subpoena, or any other means of legal compulsion; or(bb)admissible as evidence in a judicial or administrative proceeding.(D)

Applicability

The confidentiality requirements under this paragraph shall not apply to information relating to—(i)applicable federally mandated reporting requirements;(ii)a felony personally witnessed by a member of the office of the ombudsman;(iii)a situation, communicated to the office of the ombudsman, in which an individual is at imminent risk of serious harm; or(iv)a congressional subpoena.(5)

Prohibition on retaliation

An employee or a member of the corporation who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or threaten to take any action against any employee or member as a reprisal for disclosing information to the ombudsman or seeking assistance in mediation.(6)

Independence in carrying out duties

The board of directors of the corporation or any other member or employee of the corporation shall not prevent or prohibit the ombudsman from carrying out any duty or responsibility under this section.

(f)

Reports and audits

(1)

In general

Section 220511 of title 36, United States Code, is amended—(A)in the section heading, by striking

Report

and inserting

Reports and audits

;(B)in subsection (a)—(i)in the matter preceding paragraph (1)—(I)by striking every fourth year and inserting annually; and(II)by striking 4 years and inserting calendar year;(ii)by striking paragraph (1);(iii)by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively;(iv)in paragraph (1), as so redesignated, by striking such 4-year period and inserting such calendar year;(v)in paragraph (2), as so redesignated, by striking ; and and inserting a semicolon;(vi)in paragraph (3), as so redesignated, by striking the period at the end and inserting a semicolon; and(vii)by adding at the end the following:

(4)a description of any lawsuit or grievance filed against the corporation, including any dispute initiated under this chapter; and(5)the agenda and minutes of any meeting of the board of directors of the corporation.

; and

(C)by adding at the end the following:

(c)

Audit

(1)

In general

Not less frequently than annually, the financial statements of the corporation for the preceding fiscal year shall be audited in accordance with generally accepted auditing standards by—(A)an independent certified public accountant; or(B)an independent licensed public accountant who is certified or licensed by the regulatory authority of a State or a political subdivision of a State.(2)

Location

An audit under paragraph (1) shall be conducted at the location at which the financial statements of the corporation normally are kept.(3)

Access

An individual conducting an audit under paragraph (1) shall be given access to—(A)all records and property owned or used by the corporation, as necessary to facilitate the audit; and(B)full access to any facility under audit for the purpose of verifying transactions, including any balance or security held by a depository, fiscal agent, or custodian.(4)

Report

(A)

In general

Not later than 180 days after the end of the fiscal year for which an audit is carried out, the auditor shall submit a report on the audit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the chair of the Athletes’ Advisory Council.(B)

Matters to be included

Each report under subparagraph (A) shall include the following for the applicable fiscal year:(i)Any statement necessary to present fairly the assets, liabilities, and surplus or deficit of the corporation.(ii)An analysis of the changes in the amounts of such assets, liabilities, and surplus or deficit.(iii)A detailed statement of the income and expenses of the corporation, including the results of any trading, manufacturing, publishing, or other commercial endeavor.(iv)A detailed statement of the amounts spent on stipends and services for athletes.(v)A detailed statement of the amounts allocated to the national governing bodies.(vi)Such comments and information as the auditor considers necessary to inform Congress of the financial operations and condition of the corporation.(vii)Recommendations relating to the financial operations and condition of the corporation.(C)

Form

A report under this paragraph may not be printed as a public document, except as part of proceedings authorized to be printed under section 1332 of title 44.

(2)

Conforming amendment

The table of sections for chapter 2205 of title 36, United States Code, is amended by striking the item relating to section 220511 and inserting the following:

220511. Reports and audits.

Modifications to national governing bodies

(a)

Corporation responsible for obligations of national governing bodies

Section 220521(d) of title 36, United States Code, is amended by striking The corporation may review and inserting Not later than 8 years after the date of the enactment of the Empowering Olympic and Amateur Athletes Act of 2019, and not less frequently than once every 4 years thereafter, the corporation shall review.(b)

Eligibility requirements with respect to governing boards

Section 220522(a) of title 36, United States Code, is amended—(1)by redesignating paragraphs (10) through (15) as paragraphs (11) through (16), respectively;(2)by inserting after paragraph (9) the following:

(10)ensures that the selection criteria for individuals and teams that represent the United States are as objective as possible;

;

(3)by striking paragraph (13), as so redesignated, and inserting the following:

(13)demonstrates, based on guidelines approved by the corporation, the Athletes' Advisory Council, and the National Governing Bodies' Council, that—(A)its board of directors and other such governing boards have established criteria and election procedures for, and maintain among their voting members, individuals who—(i)are elected by amateur athletes; and(ii)are actively engaged in amateur athletic competition in the sport for which recognition is sought;(B)any exception to such guidelines by such organization has been approved by—(i)the corporation; and(ii)the Athletes' Advisory Council; and(C)the voting power held by such individuals is not less than 1/3 of the voting power held in its board of directors and other such governing boards;

;

(4)in paragraph (15), as so redesignated, by striking ; and and inserting a semicolon;(5)in paragraph (16), as so redesignated, by striking the period at the end and inserting ; and; and(6)by adding at the end the following:

(17)commits to meeting any minimum standard or requirement set forth by the corporation.

(c)

General duties of national governing bodies

Section 220524 of title 36, United States Code, is amended—(1)in the matter preceding paragraph (1), by striking For the sport and inserting the following:

(a)

In general

For the sport

;

(2)in subsection (a), as so designated—(A)in paragraph (8), by striking ; and and inserting a semicolon;(B)in paragraph (9), by striking the period at the end and inserting a semicolon; and(C)by adding at the end the following:

(10)develop one or more policies that prohibit any individual who is an employee, a contractor, or an agent of the national governing body from assisting a member or former member in obtaining a new job, except from the routine transmission of administrative and personnel files, if the individual knows that such member or former member engaged in sexual misconduct regarding a minor in violation of the law;(11)promote a safe environment in sports that is free from abuse of any amateur athlete, including emotional, physical, and sexual abuse;(12)take care to promote a safe environment in sports using information relating to any temporary measure or sanction issued pursuant to the authority of the Center;(13)immediately report to law enforcement any allegation of child abuse of an amateur athlete who is a minor; and(14)have in place policies and procedures to report immediately any allegation of child abuse of an amateur athlete, consistent with—(A)the policies and procedures developed under paragraph (3) of section 220541(a); and(B)the requirement described in paragraph (2)(A) of section 220542(a).

; and

(3)by adding at the end the following:

(b)

Rule of construction

Nothing in this section shall be construed to preempt or otherwise abrogate the duty of care of a national governing body under State law or the common law.

(d)

Ensure limitations on communications are included in limitations on interactions

Section 220530(a) of title 36, United States Code, is amended—(1)in paragraph (2), by inserting , including communications, after interactions; and(2)in paragraph (4), by striking makes and all that follows through the period at the end and inserting the following: “makes—

(A)a report under paragraph (1); or(B)any other report relating to abuse of any amateur athlete, including emotional, physical, and sexual abuse.

Modifications to United States Center for Safe Sport

(a)

List of barred individuals

Section 220541(a) of title 36, United States Code, is amended—(1)in paragraph (4), by striking ; and and inserting a semicolon;(2)in paragraph (5), by striking the period at the end and inserting ; and; and(3)by adding at the end the following:

(6)publish and maintain a publicly available internet website that contains a comprehensive list of individuals who are barred from the corporation or a national governing body.

(b)

Definition of applicable entity

Section 220541(d)(3) of title 36, United States Code, is amended—(1)by redesignating subparagraphs (B) through (G) as subparagraphs (C) through (H), respectively;(2)in subparagraph (G), as so redesignated, by striking or (E) and inserting (E), or (F); and(3)by inserting after subparagraph (A) the following:

(B)the corporation;

(c)

Training materials

Section 220541 of title 36, United States Code, is amended by adding at the end the following:

(e)

Training materials

The office for education and outreach referred to in subsection (a)(3) shall—(1)develop training materials for specific audiences, including coaches, trainers, doctors, young children, adolescents, adults, and mentally disabled individuals; and(2)not less frequently than every 3 years, update such training materials.

(d)

Independence

Section 220541 of title 36, United States Code, as amended by subsection (c), is further amended by adding at the end the following:

(f)

Independence

(1)

Prohibition

A former employee or board member of the corporation or a national governing body shall not work or volunteer at the Center during the 2-year period beginning on the date on which the former employee or board member ceases employment with the corporation or national governing body.(2)

Conflicts of interest

An executive or counsel for the Center shall be considered to have an inappropriate conflict of interest if the executive or counsel also represents the corporation or a national governing body.(3)

Investigations

(A)

In general

The corporation and the national governing bodies shall not interfere in, or attempt to influence the outcome of, an investigation.(B)

Report

In the case of an attempt to interfere in, or influence the outcome of, an investigation, not later than 72 hours after such attempt, the Center shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the attempt.

(e)

Funding

Section 220541 of title 36, United States Code, as amended by subsections (c) and (d), is further amended by adding at the end the following:

(g)

Funding

(1)

Mandatory payments

(A)

Fiscal year 2019

Not later than 30 days after the date of the enactment of this subsection, the corporation shall make a mandatory payment of $20,000,000 to the Center for operating costs of the Center for fiscal year 2019.(B)

Subsequent fiscal years

Beginning on January 1, 2020, the corporation shall make a mandatory payment of $20,000,000 to the Center on January 1 each year for operating costs of the Center.(2)

Funds from national governing bodies

The corporation may use funds received from one or more national governing bodies to make a mandatory payment required by paragraph (1).(3)

Failure to comply

(A)

In general

The Center may file a lawsuit to compel payment under paragraph (1).(B)

Penalty

For each day of late or incomplete payment of a mandatory payment under paragraph (1) after January 1 of the applicable year, the Center shall be allowed to recover from the corporation an additional $20,000.

(f)

Additional duties

Section 220542 of title 36, United States Code, is amended—(1)in the section heading, by striking the period at the end; and(2)in subsection (a)—(A)in paragraph (1), by striking ; and and inserting a semicolon; and(B)in paragraph (2)—(i)in subparagraph (A), by striking clauses (i) and (ii) and inserting the following:

(i)law enforcement consistent with section 226 of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20341); and(ii)the Center, whenever such members or adults learn of facts leading them to suspect reasonably that an amateur athlete who is a minor has suffered an incident of child abuse;

;

(ii)by redesignating subparagraphs (B) through (F) as subparagraphs (E) through (I), respectively;(iii)by inserting after subparagraph (A) the following:

(B)a requirement that the Center shall immediately report to law enforcement consistent with section 226 of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20341) any allegation of child abuse of an amateur athlete who is a minor, including any report of such abuse submitted to the Center by a minor or by any person who is not otherwise required to report such abuse;(C)one or more policies that prohibit an individual who is a Center employee, contractor, or agent from assisting a member or former member in obtaining a new job, except the routine transmission of administrative and personnel files, if the individual knows that such member or former member engaged in sexual misconduct regarding a minor in violation of the law;(D)a requirement that the Center, including any officer, agent, attorney, or staff member of the Center, shall not take any action—(i)to notify an alleged perpetrator of abuse of an amateur athlete of any ongoing investigation or accusation unless the Center has reason to believe an imminent hazard will result from failing to so notify the alleged perpetrator; and(ii)on a date that is earlier than the date on which law enforcement—(I)authorizes the Center to take such action; or(II)declines to act on the allegation within 72 hours after the time at which the Center reports to law enforcement under subparagraph (B);

;

(iv)in subparagraph (F), as so redesignated, by inserting , including communications, after interactions;(v)by amending subparagraph (G), as so redesignated, to read as follows:

(G)procedures to prohibit retaliation by any national governing body or paralympic sports organization against any individual who makes—(i)a report under subparagraph (A) or (E); or(ii)any other report relating to abuse of any amateur athlete, including emotional, physical, and sexual abuse;

;

(vi)in subparagraph (H), as so redesignated, by striking ; and and inserting a semicolon;(vii)in subparagraph (I), as so redesignated, by striking the period at the end of clause (ii) and inserting a semicolon; and(viii)by adding at the end the following:

(J)a prohibition on the use in a report or a resolution of the Center under section 220541(a)(4) of any evidence relating to other sexual behavior or the sexual predisposition of the alleged victim, or the admission of any such evidence in arbitration, unless the probative value of the use or admission of such evidence, as determined by the Director or the arbitrator, as applicable, substantially outweighs the danger of—(i)any harm to the alleged victim; and(ii)unfair prejudice to any party; and(K)training for investigators on appropriate methods and techniques for ensuring sensitivity toward alleged victims during interviews and other investigative activities.

(g)

Report

Section 220543(b) of title 36, United States Code, is amended—(1)in paragraph (1), by striking ; and and inserting a semicolon;(2)by redesignating paragraph (2) as paragraph (8); and(3)by inserting after paragraph (1) the following:

(2)a strategic plan with respect to the manner in which the Center shall fulfill its duties under sections 220541 and 220542;(3)a detailed description of the efforts made by the Center to comply with such strategic plan during the preceding year;(4)any financial statement necessary to present fairly the assets, liabilities, and surplus or deficit of the Center for the preceding year;(5)an analysis of the changes in the amounts of such assets, liabilities, and surplus or deficit during the preceding year;(6)any information relating to any report received or investigation conducted by the Center during the preceding year, including the number, type, and results of such report or investigation;(7)any information relating to the education and training conducted by the office of education and outreach of the Center during the preceding year; and

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.

Short title

This Act may be cited as the

Empowering Olympic and Amateur Athletes Act of 2019

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.

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 Committee

220501

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:

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

(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

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

Limitation on consideration

Senate

(A)

In general

In the Senate, a joint resolution shall be referred to the Committee on Commerce, Science, and Transportation.(B)

Discharge

Limitation on consideration

Expedited consideration in House of Representatives

(1)

Proceeding to consideration

Consideration

Expedited procedure in senate

(1)

Motion to proceed

Consideration

Vote on passage

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

Potential referral

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

(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.

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

;

(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

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

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:

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.

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

;

(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

(A)a report under paragraph (1); or(B)any other report relating to abuse of any amateur athlete, including emotional, physical, and sexual abuse.

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

(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

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

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

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

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

;

(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;

;

(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.

Exemption from automatic stay in bankruptcy cases

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;

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.

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

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

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

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.

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.

July 29, 2020

Reported with an amendment