[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]
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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