[Congressional Record Volume 165, Number 181 (Wednesday, November 13, 2019)]
[Senate]
[Pages S6570-S6572]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1245. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2838, to amend the Ted Stevens Olympic and 
Amateur Sports Act to improve the transparency of the United States 
Center for Safe Sport, to provide grant accountability, and to protect 
victims of abuse from retaliation, and for other purposes; which was 
referred to the Committee on Commerce, Science, and Transportation; as 
follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Stopping Abuse from Entering 
     Sports, Promoting Oversight, Responsibility, and Transparency 
     Act of 2019'' or the ``SAFESPORT Act''.

     SEC. 2. 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 Safe Sport;''.

     SEC. 3. IMPROVING TRANSPARENCY OF THE UNITED STATES CENTER 
                   FOR SAFE SPORT.

       (a) Funding Accountability.--Section 220541 of title 36, 
     United States Code, is amended by adding at the end the 
     following:
       ``(e) Funding Accountability.--
       ``(1) In general.--Amounts transferred to the Center by the 
     corporation or a national governing body shall be used 
     primarily for the investigation and resolution of allegations 
     of sexual misconduct, or other misconduct, made by amateur 
     athletes affiliated with the corporation, a national 
     governing body, or a paralympic sports organization, in 
     accordance with section 220503(15).
       ``(2) Use of funds.--
       ``(A) 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 
     paragraph (1);
       ``(ii) not more than 10 percent may be used for executive 
     compensation of officers and directors of the Center; and
       ``(iii) not more than 20 percent may be used for 
     administrative expenses of the Center, except that the 
     reasonable travel expenses of investigative personnel of the 
     Center and insurance and litigation expenses of the Center 
     shall not be counted toward such amount.
       ``(B) Reserve funds.--
       ``(i) In general.--If, after the Center uses the amounts as 
     allocated under subparagraph (A), the Center does not use the 
     entirety of the remaining amounts for the purpose described 
     in paragraph (1), 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 clause (i).
       ``(C) Lobbying and fundraising.--Amounts made available to 
     the Center under this paragraph may not be used for lobbying 
     or fundraising expenses.
       ``(3) Conferences and training.--The Center shall, to the 
     maximum extent practicable, seek reimbursement for the 
     reasonable expenses associated with hosting or supporting 
     conferences for, and providing training or technical 
     assistance to, individuals who are not employees of the 
     Center.''.
       (b) 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.--

[[Page S6571]]

       ``(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); and
       ``(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.
       ``(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 this subsection, 
     the Center shall be considered a private entity.
       ``(c) Petitions for Equitable Relief.--The Attorney General 
     may petition in the United States District Court for the 
     District of Columbia for removal of officers and directors of 
     the Center, as may be necessary or appropriate, if the 
     Center--
       ``(1) engages in, or threatens to engage in, any act, 
     practice, or policy that is materially inconsistent with the 
     purpose described 220503(15); or
       ``(2) refuses, fails, or neglects to discharge, or 
     threatens to refuse, fail, or neglect to discharge, the 
     obligations of the Center to protect the safety of amateur 
     athletes under this chapter.
       ``(d) 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) 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
       ``(7) a description of the activities of the Center.
       ``(e) 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 on of the internal 
     control and the results of such testing; and
       ``(C) a compliance assessment that includes an opinion or a 
     disclaimer of opinion as to whether the Center has complied 
     with the terms and conditions of subsection (b); and
       ``(2) `independent auditor' means an independent certified 
     public accountant or independent licensed public accountant, 
     certified or licensed by a regulatory authority of a State or 
     a political subdivision of a State, who meets the standards 
     specified in generally accepted accounting principles.''.

     SEC. 4. GRANT ACCOUNTABILITY.

       Section 220531 of title 36, United States Code, is amended 
     by adding at the end the following:
       ``(e) Grant Accountability.--
       ``(1) Limitations on funding.--The Attorney General may not 
     award a grant under this section to an entity that holds 
     amounts in an offshore account for the purpose of avoiding 
     payment of the tax described in section 511(a) of the 
     Internal Revenue Code of 1986.
       ``(2) Transparency.--
       ``(A) In general.--As a condition of receiving funds under 
     this section, an entity shall include in an application for a 
     grant--
       ``(i) a description of the process by which the entity 
     determines the compensation of the officers, directors, 
     trustees, and key employees of the entity, including any 
     independent individual involved in reviewing and approving 
     such compensation;
       ``(ii) the comparability data used in such process; and
       ``(iii) contemporaneous substantiation of the deliberation 
     and decision with respect to such compensation.
       ``(B) Public availability.--On request, the Attorney 
     General shall make the information disclosed under 
     subparagraph (A) available for public inspection.
       ``(3) Limitations on conference expenditures.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     not more than $50,000 of grant funds provided to an entity 
     under this section may be used to host or support a 
     conference.
       ``(B) Exception.--An entity may use more than $50,000 of 
     grant funds provided under this section to host or support a 
     conference if the Director of the Office of Justice 
     Programs--
       ``(i) authorizes such additional expense in writing; and
       ``(ii) provides a written cost estimate for the conference, 
     including the cost of food, beverages, audio-visual 
     equipment, honoraria for speakers, and entertainment.
       ``(4) Avoidance of duplicative federal grants.--
       ``(A) In general.--The Attorney General shall assess 
     whether a potential grant award to an entity under this 
     section would result in an overlap or a duplication of 
     Federal grant awards.
       ``(B) Report.--If the Attorney General awards a grant under 
     this section to an entity in a fiscal year for which the 
     entity receives any other Federal grant for a substantially 
     similar purpose, the Attorney General shall submit to the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary of the House of Representatives a report that 
     includes--
       ``(i) a description of each grant awarded to the entity in 
     such fiscal year that results in an overlap or a duplication 
     in Federal grant awards, including the total amount of each 
     such grant award; and
       ``(ii) a justification for awarding an overlapping or a 
     duplicative grant.''.

     SEC. 5. PROTECTING ABUSE VICTIMS FROM RETALIATION.

       (a) Definitions.--Section 220501(b) of title 36, United 
     States Code, is amended--
       (1) by redesignating paragraphs (7) through (9) and (10), 
     as paragraphs (8) through (10) and (13) respectively;
       (2) by inserting after paragraph (6) the following:
       ``(7) `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, a 
     national governing body, or a paralympic sports organization;
       ``(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.'';
       (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 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;

[[Page S6572]]

       ``(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, a national governing 
     body, or a paralympic sports organization; or
       ``(B) any official or employee of the corporation, a 
     national governing body, a paralympic sports organization, or 
     a grantee, contractor, or subcontractor of the corporation, a 
     national governing body, or a paralympic sports 
     organization''; and
       (4) by inserting after paragraph (13), as so redesignated, 
     the following:
       ``(14) `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, a national governing 
     body, a paralympic sports organization, or any officer, 
     employee, grantee, contractor, subcontractor, or agent of the 
     corporation, a national governing body, or a paralympic 
     sports organization, may not retaliate against any protected 
     individual because of any protected disclosure.
       ``(2) Reporting, investigation and arbitration.--The 
     corporation shall establish mechanisms for the reporting, 
     investigation, and resolution (through binding third-party 
     arbitration) of complaints of alleged retaliation.
       ``(3) Disciplinary action.--If the corporation finds that 
     an officer or employee of the corporation, a national 
     governing body, or a paralympic sports organizations (or any 
     grantee, contractor, subcontractor, or agent of the 
     corporation, a national governing body, or a paralympic 
     sports organization) has retaliated against a protected 
     individual, the corporation, national governing body, or 
     paralympic sports organization, as applicable, shall take 
     appropriate disciplinary action with respect to any such 
     individual found to have retaliated against the protected 
     individual.
       ``(4) Remedies.--
       ``(A) In general.--If the corporation finds that an officer 
     or employee of the corporation, a national governing body, or 
     a paralympic sports organization (or a grantee, contractor, 
     subcontractor, or agent of the corporation, a national 
     governing body, or paralympic sports organization) has 
     retaliated against a protected individual, the corporation, 
     national governing body, or paralympic sports organization, 
     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 or a paralympic sports 
     organization found to have retaliated against a protected 
     individual, the corporation may demand reimbursement from the 
     national governing body or paralympic sports organization for 
     damages paid by the corporation under subparagraph (A).
       ``(5) Enforcement action and procedures.--
       ``(A) In general.--If the corporation has not issued a 
     final decision within 180 days of the filing of the complaint 
     and there is no showing that such delay is due to the bad 
     faith of the complainant, the complainant may bring an action 
     at law or equity for de novo review in the appropriate 
     district court of the United States, which shall have 
     jurisdiction over such an action without regard to the amount 
     in controversy.
       ``(B) Jury trial.--A party to an action brought under 
     paragraph (A)shall be entitled to trial by jury.
       ``(C) Relief.--The court shall have jurisdiction to grant 
     all relief under paragraph (4).
       ``(6) Statute of limitations.--An action under paragraph 
     (2) shall be commenced not later than 2 years after the date 
     on which the violation occurs, or after the date on which the 
     protected individual became aware of the violation.
       ``(7) Burdens of proof.-- An action under paragraph (2) or 
     (5) shall be governed as follows:
       ``(A) Required showing by complainant.--The corporation 
     shall dismiss a complaint filed under this subsection and 
     shall not conduct an investigation unless the complainant 
     makes a prima facie showing that any retaliation was a 
     contributing factor in the unfavorable personnel action 
     alleged in the complaint.
       ``(B) Criteria for determination by the arbitration.--The 
     arbitration may determine that a violation of paragraph (1) 
     has occurred only if the complainant demonstrates that the 
     retaliation was a contributing factor in the unfavorable 
     personnel action alleged in the complaint.
       ``(C) Prohibition.--Relief may not be ordered under 
     paragraph (4) if the corporation, national governing body, or 
     paralympic sports organization, as applicable, demonstrates 
     by clear and convincing evidence that the corporation, 
     national governing body, or paralympic sports organization 
     would have taken the same unfavorable personnel action in the 
     absence of that behavior.
       ``(8) Review.--Any person adversely affected or aggrieved 
     by an order issued under paragraph (4) or (5)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, a national governing body, or a paralympic 
     sports organization.
       ``(11) Rule of construction.--Nothing in this subsection 
     shall be construed to mean that the funds transferred by the 
     national governing bodies and paralympic sports organizations 
     to the corporation and the Center qualify as a grant.''.
       (c) Eligibility Requirements for National Governing 
     Bodies.--Section 220522 of title 36, United States Code, 
     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) provides protection from retaliation to protected 
     individuals.''.

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