[Congressional Record Volume 166, Number 140 (Thursday, August 6, 2020)]
[Senate]
[Pages S5291-S5299]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  TEXT OF AMENDMENT ON AUGUST 4, 2020

  SA 2512. Mr. MORAN (for himself and Mr. Blumenthal) proposed an 
amendment to the bill S. 2330, to amend the Ted Stevens Olympic and 
Amateur Sports Act to provide for congressional oversight of the board 
of directors of the United States Olympic and Paralympic Committee and 
to protect amateur athletes from emotional, physical, and sexual abuse, 
and for other purposes; as follows:
        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Empowering Olympic, 
     Paralympic, and Amateur Athletes Act of 2020''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The courageous voice of survivors is a call to action 
     to end emotional, physical, and sexual abuse in the Olympic 
     and Paralympic movement.
       (2) Larry Nassar, the former national team doctor for USA 
     Gymnastics, sexually abused

[[Page S5292]]

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

     SEC. 3. DEFINITIONS.

       Section 220501(b) of title 36, United States Code, is 
     amended--
       (1) in paragraph (4), by striking ``United States Center 
     for Safe Sport'' and inserting ``United States Center for 
     SafeSport'';
       (2) in paragraph (6), by striking ``United States Olympic 
     Committee'' and inserting ``United States Olympic and 
     Paralympic Committee'';
       (3) by amending paragraph (8) to read as follows:
       ``(8) `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.'';
       (4) by striking paragraph (9);
       (5) by redesignating paragraphs (4), (5), (6), (7), (8), 
     and (10) as paragraphs (5), (6), (7), (8), (9), and (12), 
     respectively;
       (6) 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.''; and
       (7) by inserting after paragraph (9), as so redesignated, 
     the following:
       ``(10) `protected individual' means any amateur athlete, 
     coach, trainer, manager, administrator, or official 
     associated with the corporation or a national governing body.
       ``(11) `retaliation' means any adverse or discriminatory 
     action, or the threat of an adverse or discriminatory action, 
     including removal from a training facility, reduced coaching 
     or training, reduced meals or housing, and removal from 
     competition, carried out against a protected individual as a 
     result of any communication, including the filing of a formal 
     complaint, by the protected individual or a parent or legal 
     guardian of the protected individual relating to the 
     allegation of physical abuse, sexual harassment, or emotional 
     abuse, with--
       ``(A) the Center;
       ``(B) a coach, trainer, manager, administrator, or official 
     associated with the corporation;
       ``(C) the Attorney General;
       ``(D) a Federal or State law enforcement authority;
       ``(E) the Equal Employment Opportunity Commission; or
       ``(F) Congress.''.

     SEC. 4. MODERNIZATION OF THE TED STEVENS OLYMPIC AND AMATEUR 
                   SPORTS ACT.

       (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 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 220503--
       (A) in paragraph (3), by striking ``and the Pan-American 
     Games'' each place it appears and inserting ``the Pan-
     American Games, and the Parapan American Games''; and
       (B) in paragraph (4), by striking ``and Pan-American 
     Games'' and inserting ``the Pan-American Games, and the 
     Parapan American Games'';
       (4) in section 220504(b)(3), by striking ``or the Pan-
     American Games'' and inserting ``the Pan-American Games, or 
     the Parapan American Games'';
       (5) in section 220505(c)--
       (A) in paragraph (3), by striking ``and the Pan-American 
     Games'' and inserting ``the Pan-American Games, and the 
     Parapan American Games'';
       (B) 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, the Pan-American Games, or the Parapan 
     American Games;''; and
       (C) in paragraph (5), by inserting ``the Parapan American 
     Games,'' after ``the Pan-American Games,'';
       (6) in section 220506--
       (A) in subsection (a)--
       (i) in paragraph (1), by striking ``United States Olympic 
     Committee'' and inserting ``United States Olympic and 
     Paralympic Committee'';
       (ii) in paragraph (2), by striking ``3 TaiGeuks'' and 
     inserting ``3 Agitos''; and
       (iii) in paragraph (4), by inserting `` `Parapan 
     American','' after `` `Pan-American','';
       (B) in subsection (b), by inserting ``the Parapan American 
     team,'' after ``the Pan-American team,''; and
       (C) in subsection (c)(3), by striking ``or Pan-American 
     Games activity'' and inserting ``Pan-American, or Parapan 
     American Games activity'';
       (7) in section 220509(a)--
       (A) in the first sentence, by inserting ``the Parapan 
     American Games,'' after ``the Pan-American Games,''; and
       (B) in the second sentence, by striking ``or the Pan-
     American Games'' and inserting ``the Pan-American Games, or 
     the Parapan American Games'';
       (8) in section 220512, by striking ``and Pan-American 
     Games'' and inserting ``Pan-American Games, and Parapan 
     American Games'';
       (9) in section 220523(a), by striking ``and the Pan-
     American Games'' each place it appears and inserting ``the 
     Pan-American Games, and the Parapan American Games'';
       (10) in section 220528(c)--
       (A) in subparagraph (A), by striking ``or in both the 
     Olympic and Pan-American Games'' and inserting ``or in each 
     of the Olympic Games, the Paralympic Games, the Pan-American 
     Games, and the Parapan American Games''; and
       (B) by amending subparagraph (B) to read as follows:
       ``(B) any Pan-American Games or Parapan American Games, for 
     a sport in which competition is held in the Pan-American 
     Games or the Parapan American Games, as applicable, but not 
     in the Olympic Games or the Paralympic Games.''; and
       (11) in section 220531, by striking ``United States Olympic 
     Committee'' each place it appears and inserting ``United 
     States Olympic and Paralympic Committee''.
       (b) Conforming Amendment.--The table of chapters for part B 
     of subtitle II of title 36, United States Code, is amended by 
     striking the item relating to chapter 2205 and inserting the 
     following:

``2205. United States Olympic and Paralympic 
    Committee 220501''.................................................

     SEC. 5. CONGRESSIONAL OVERSIGHT OF UNITED STATES OLYMPIC AND 
                   PARALYMPIC COMMITTEE AND NATIONAL GOVERNING 
                   BODIES.

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

 ``SUBCHAPTER V--DISSOLUTION OF BOARD OF DIRECTORS OF CORPORATION AND 
        TERMINATION OF RECOGNITION OF NATIONAL GOVERNING BODIES

     ``Sec. 220551. Definitions

       ``In this subchapter, the term `joint resolution' means a 
     joint resolution--
       ``(1) which does not have a preamble; and
       ``(2) for which--
       ``(A)(i) the title is only as follows: `A joint resolution 
     to dissolve the board of directors of the United States 
     Olympic and Paralympic Committee'; and
       ``(ii) the matter after the resolving clause--
       ``(I) is as follows: `That Congress finds that dissolving 
     the board of directors of the United States Olympic and 
     Paralympic Committee would not unduly interfere with the 
     operations of chapter 2205 of title 36, United States Code'; 
     and
       ``(II) prescribes adequate procedures for forming a board 
     of directors of the corporation as expeditiously as possible 
     and in a manner that safeguards the membership and voting 
     power of the representatives of amateur athletes at all 
     times, consistent with the membership and voting power of 
     amateur athletes under section 220504(b)(2); 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.

[[Page S5293]]

  


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

       ``(a) Dissolution of Board of Directors of Corporation.--
     Effective on the date of enactment of a joint resolution 
     described in section 220551(2)(A) with respect to the board 
     of directors of the corporation, such board of directors 
     shall be dissolved.
       ``(b) Termination of Recognition of National Governing 
     Body.--Effective on the date of enactment of a joint 
     resolution described in section 220551(2)(B) with respect to 
     a national governing body, the recognition of the applicable 
     amateur sports organization as a national governing body 
     shall cease to have force or effect.''.
       (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.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date that is 1 year after the date 
     of the enactment of this Act.

     SEC. 6. 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) Membership and Representation.--Section 220504 of title 
     36, United States Code, is amended--
       (1) in subsection (a), by inserting ``, and membership 
     shall be available only to national governing bodies'' before 
     the period at the end;
       (2) in subsection (b), by amending paragraph (2) to read as 
     follows:
       ``(2) amateur athletes who are actively engaged in amateur 
     athletic competition or who have represented the United 
     States in international amateur athletic competition, 
     including through provisions that--
       ``(A) establish and maintain an Athletes' Advisory Council;
       ``(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--
       ``(i) not less than \1/3\ of the membership of the board of 
     directors of the corporation shall be composed of, and 
     elected by, such amateur athletes; and
       ``(ii) not less than 20 percent of the membership of the 
     board of directors of the corporation shall be composed of 
     amateur athletes who--

       ``(I) are actively engaged in representing the United 
     States in international amateur athletic competition; or
       ``(II) have represented the United States in international 
     amateur athletic competition during the preceding 10-year 
     period; and

       ``(D) ensure that the membership and voting power held by 
     such amateur athletes is not less than \1/3\ percent of the 
     membership and voting power held in the board of directors of 
     the corporation and in the committees and entities of the 
     corporation, including any panel empowered to resolve 
     grievances;''; and
       (3) 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 2-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 
     subparagraph (C) of section 220541(a)(1); 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) Restrictions.--
       (1) 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.''.
       (2) Policy with respect to terms and conditions of 
     employment.--
       (A) In general.--Section 220507 of title 36, United States 
     Code, as amended by paragraph (1), 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.''.
       (B) Applicability.--The amendment made by subparagraph (A) 
     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.
       (e) Resolution of Disputes and Protecting Abuse Victims 
     From Retaliation.--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'';
       (2) by amending subsection (b) to read as follows:
       ``(b) Office of the Athlete Ombuds.--
       ``(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 Ombuds shall--
       ``(A) provide independent advice to athletes at no cost 
     about the applicable provisions of this chapter and the 
     constitution and bylaws of the corporation, national 
     governing bodies, international sports federations, the 
     International Olympic Committee, the International Paralympic 
     Committee, and the Pan-American Sports Organization, and with 
     respect to the resolution of any dispute involving the 
     opportunity of an amateur athlete to participate in the 
     Olympic Games, the Paralympic Games, the Pan-American Games, 
     the Parapan American Games, world championship competition or 
     other protected competition as defined in the constitution 
     and bylaws of the corporation;
       ``(B) assist in the resolution of athlete concerns;
       ``(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
       ``(D) report to the Athletes' Advisory Council on a regular 
     basis.

[[Page S5294]]

       ``(3) Hiring procedures; vacancy; termination.--
       ``(A) Hiring procedures.--The procedure for hiring the 
     ombudsman for athletes shall be as follows:
       ``(i) The Athletes' Advisory Council shall provide the 
     corporation's executive director with the name of 1 qualified 
     person to serve as ombudsman for athletes.
       ``(ii) The corporation's executive director shall 
     immediately transmit the name of such person to the 
     corporation's executive committee.
       ``(iii) The corporation's executive committee shall hire or 
     not hire such person after fully considering the advice and 
     counsel of the Athletes' Advisory Council.
       ``(B) Vacancy.--If there is a vacancy in the position of 
     the ombudsman for athletes, the nomination and hiring 
     procedure set forth in this paragraph shall be followed in a 
     timely manner.
       ``(C) Termination.--The corporation may terminate the 
     employment of an individual serving as ombudsman for athletes 
     only if--
       ``(i) the termination is carried out in accordance with the 
     applicable policies and procedures of the corporation;
       ``(ii) the termination is initially recommended to the 
     corporation's executive committee by either the corporation's 
     executive director or by the Athletes' Advisory Council; and
       ``(iii) the corporation's executive committee fully 
     considers the advice and counsel of the Athletes' Advisory 
     Council prior to deciding whether or not to terminate the 
     employment of such individual.
       ``(4) Confidentiality.--
       ``(A) In general.--The Office of the Athlete Ombuds shall 
     maintain as confidential any information communicated or 
     provided to the Office of the Athlete Ombuds in confidence in 
     any matter involving the exercise of the official duties of 
     the Office of the Athlete Ombuds.
       ``(B) Exception.--The Office of the Athlete Ombuds 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 Ombuds 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 Ombuds.
       ``(ii) Work product.--Any memorandum, work product, notes, 
     or case file of the Office of the Athlete Ombuds--

       ``(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 Ombuds;
       ``(iii) a situation, communicated to the Office of the 
     Athlete Ombuds, 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, Paralympic, and 
     Amateur Athletes Act of 2020, the Office of the Athlete 
     Ombuds shall develop and publish in the Federal Register a 
     confidentiality and privacy policy consistent with this 
     paragraph.
       ``(ii) Distribution.--The Office of the Athlete Ombuds 
     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 Ombuds.
       ``(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 Ombuds from carrying out any duty or 
     responsibility under this section.''; and
       (3) 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 as a result of 
     any communication, including the filing of a formal 
     complaint, by a protected individual or a parent or legal 
     guardian of the protected individual relating to an 
     allegation of physical abuse, sexual harassment, or emotional 
     abuse.
       ``(2) Disciplinary action.--If the corporation finds that 
     an employee of the corporation or a national governing body 
     has retaliated against a protected individual, the 
     corporation or national governing body, as applicable, shall 
     immediately terminate the employment of, or suspend without 
     pay, such employee.
       ``(3) Damages.--
       ``(A) In general.--With respect to a protected individual 
     the corporation finds to have been subject to retaliation, 
     the corporation may award damages, including damages for pain 
     and suffering and reasonable attorney fees.
       ``(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).''.
       (f) Reports and Audits.--
       (1) In general.--Section 220511 of title 36, United States 
     Code, is amended to read as follows:

     ``Sec. 220511. Reports and audits

       ``(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.
       ``(b) Audit.--
       ``(1) In general.--Not less frequently than annually, the 
     financial statements of the corporation for the preceding 
     fiscal year shall be audited in accordance with generally 
     accepted auditing standards by--
       ``(A) an independent certified public accountant; or
       ``(B) an independent licensed public accountant who is 
     certified or licensed by the regulatory authority of a State 
     or a political subdivision of a State.
       ``(2) Location.--An audit under paragraph (1) shall be 
     conducted at the location at which the financial statements 
     of the corporation normally are kept.
       ``(3) Access.--An individual conducting an audit under 
     paragraph (1) shall be given full access to--
       ``(A) all records and property owned or used by the 
     corporation, as necessary to facilitate the audit; and
       ``(B) any facility under audit for the purpose of verifying 
     transactions, including any balance or security held by a 
     depository, fiscal agent, or custodian.
       ``(4) Report.--
       ``(A) In general.--Not later than 180 days after the end of 
     the fiscal year for which an audit is carried out, the 
     auditor shall submit a report on the audit to the Committee 
     on Commerce, Science, and Transportation of the Senate, the 
     Committee on the Judiciary of the House of Representatives, 
     and the chair of the Athletes' Advisory Council.
       ``(B) Matters to be included.--Each report under 
     subparagraph (A) shall include the following for the 
     applicable fiscal year:
       ``(i) Any statement necessary to present fairly the assets, 
     liabilities, and surplus or deficit of the corporation.
       ``(ii) An analysis of the changes in the amounts of such 
     assets, liabilities, and surplus or deficit.
       ``(iii) A detailed statement of the income and expenses of 
     the corporation, including the results of any trading, 
     manufacturing, publishing, or other commercial endeavor.
       ``(iv) A detailed statement of the amounts spent on 
     stipends and services for athletes.
       ``(v) A detailed statement of the amounts spent on 
     compensation and services for executives and administration 
     officials of the

[[Page S5295]]

     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) Annual Amateur Athlete Survey.--
       (1) In general.--Subchapter I of chapter 2205 of title 36, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 220513. Annual amateur athlete survey

       ``(a) In General.--Not less frequently than annually, the 
     corporation shall cause an independent third-party 
     organization, under contract, 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), such activity shall be 
     reported immediately to Congress.
       ``(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 
     inserting after the item relating to 220512 the following:

``220513. Annual amateur athlete survey.''.

     SEC. 7. 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, the 
     Pan-American Games, or the Parapan 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, 
     Paralympic, and Amateur Athletes Act of 2020, 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 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;'';
       (ii) in section 220512, by striking ``or paralympic sports 
     organization'';
       (iii) 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 striking ``the Olympic Games or 
     the Pan-American Games'' and inserting ``the Olympic Games, 
     the Paralympic Games, the Pan-American Games, or the Parapan 
     American 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'';
       (ee) in paragraph (14), by striking ``or the Pan-American 
     Games'' and inserting ``the Pan-American Games, or the 
     Parapan American Games''; and
       (ff) 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'';
       (iv) in section 220524, by striking ``amateur sports'' each 
     place it appears;
       (v) 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'';

       (vi) 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,'';

       (vii) in section 220541(d)(3), by striking subparagraph 
     (C);
       (viii) in section 220542--

       (I) by striking ``or paralympic sports organization'' each 
     place it appears; and
       (II) in subsection (a)(2)--

       (aa) in subparagraph (A), in the matter preceding clause 
     (i), 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 (4)(B)--
       (A) by striking ``conducted in accordance with the 
     Commercial Rules of the American Arbitration Association'' 
     and inserting ``which arbitration under this paragraph shall 
     be conducted in accordance with the standard commercial 
     arbitration rules of an established major national provider 
     of arbitration and mediation services based in the United 
     States and designated by the corporation with the concurrence 
     of the Athletes' Advisory Council and the National Governing 
     Bodies' Council''; and
       (B) by striking ``Commercial Rules of Arbitration'' and 
     inserting ``standard commercial rules of arbitration of such 
     designated provider'';
       (3) in paragraph (5), in the matter preceding subparagraph 
     (A), by inserting ``except with respect to the oversight of 
     the organization,'' after ``sport,'';
       (4) by redesignating paragraphs (10) through (15) as 
     paragraphs (11) through (16), respectively;
       (5) 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;'';

[[Page S5296]]

       (6) 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, or have represented the United States in 
     international 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;'';
       (7) in paragraph (15), as so redesignated, by striking ``; 
     and'' and inserting a semicolon;
       (8) in paragraph (16), as so redesignated, by striking the 
     period at the end and inserting a semicolon; and
       (9) 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;
       ``(18) commits to meeting any minimum standard or 
     requirement set forth by the corporation; and
       ``(19) provides protection from retaliation to protected 
     individuals.''.
       (c) General Duties of National Governing Bodies.--Section 
     220524 of title 36, United States Code, is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``For the sport'' and inserting the following:
       ``(a) In General.--For the sport'';
       (2) in subsection (a), as so designated--
       (A) in paragraph (8), by striking ``; and'' and inserting a 
     semicolon;
       (B) in paragraph (9), by striking the period at the end and 
     inserting a semicolon; and
       (C) by adding at the end the following:
       ``(10) develop 1 or more policies that prohibit any 
     individual who is an employee, contractor, or agent of the 
     national governing body from assisting a member or former 
     member in obtaining a new job (except for the routine 
     transmission of administrative and personnel files) if the 
     individual knows that such member or former member violated 
     the policies or procedures of the Center related to sexual 
     misconduct or was convicted of a crime involving sexual 
     misconduct with a minor in violation of applicable law or the 
     policies or procedures of the Center;
       ``(11) promote a safe environment in sports that is free 
     from abuse of any amateur athlete, including emotional, 
     physical, and sexual abuse;
       ``(12) take care to promote a safe environment in sports 
     using information relating to any temporary measure or 
     sanction issued pursuant to the authority of the Center;
       ``(13) immediately report to law enforcement any allegation 
     of child abuse of an amateur athlete who is a minor; and
       ``(14) have in place policies and procedures to report 
     immediately any allegation of child abuse of an amateur 
     athlete, consistent with--
       ``(A) the policies and procedures developed under 
     subparagraph (C) of section 220541(a)(1); 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) Arbitration of Corporation Determinations.--Section 
     220529(a) of title 36, United States Code, is amended by 
     striking ``any regional office of the American Arbitration 
     Association'' and inserting ``the arbitration and mediation 
     provider designated by the corporation under section 
     220522(a)(4)''.
       (f) Ensure Limitations on Communications Are Included in 
     Limitations on Interactions.--Section 220530(a) of title 36, 
     United States Code, is amended--
       (1) in paragraph (2), by inserting ``, including 
     communications,'' after ``interactions''; and
       (2) in paragraph (4), by striking ``makes'' and all that 
     follows through the period at the end and inserting the 
     following: ``makes--
       ``(A) a report under paragraph (1); or
       ``(B) any other report relating to abuse of any amateur 
     athlete, including emotional, physical, and sexual abuse.''.

     SEC. 8. MODIFICATIONS TO UNITED STATES CENTER FOR SAFESPORT.

       (a) Designation of United States Center for SafeSport.--
       (1) In general.--Section 220541 of title 36, United States 
     Code, is amended--
       (A) in the section heading by striking ``safe sport'' and 
     inserting ``safesport'';
       (B) by amending subsection (a) to read as follows:
       ``(a) Duties of Center.--
       ``(1) In general.--The United States Center for SafeSport 
     shall--
       ``(A) serve as the independent national safe sport 
     organization and be recognized worldwide as the independent 
     national safe sport organization for the United States;
       ``(B) exercise jurisdiction over the corporation and each 
     national governing body with regard to safeguarding amateur 
     athletes against abuse, including emotional, physical, and 
     sexual abuse, in sports;
       ``(C) maintain an office for education and outreach that 
     shall develop training, oversight practices, policies, and 
     procedures to prevent the abuse, including emotional, 
     physical, and sexual abuse, of amateur athletes participating 
     in amateur athletic activities through national governing 
     bodies;
       ``(D) maintain an office for response and resolution that 
     shall establish mechanisms that allow for the reporting, 
     investigation, and resolution, pursuant to subsection (c), of 
     alleged sexual abuse in violation of the Center's policies 
     and procedures;
       ``(E) ensure that the mechanisms under subparagraph (D) 
     provide fair notice and an opportunity to be heard and 
     protect the privacy and safety of complainants;
       ``(F) maintain an office for compliance and audit that 
     shall--
       ``(i) 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
       ``(ii) establish mechanisms that allow for the reporting 
     and investigation of alleged violations of such policies and 
     procedures;
       ``(G) publish and maintain a publicly accessible internet 
     website that contains a comprehensive list of adults who are 
     barred by the Center; and
       ``(H) ensure that any action taken by the Center against an 
     individual under the jurisdiction of the Center, including an 
     investigation, the imposition of sanctions, and any other 
     disciplinary action, is carried out in a manner than provides 
     procedural due process to the individual, including, at a 
     minimum--
       ``(i) the provision of written notice of the allegations 
     against the individual;
       ``(ii) a right to be represented by counsel or other 
     advisor;
       ``(iii) an opportunity to be heard during the 
     investigation;
       ``(iv) in a case in which a violation is found, a reasoned 
     written decision by the Center; and
       ``(v) the ability to challenge, in a hearing or through 
     arbitration, interim measures or sanctions imposed by the 
     Center.
       ``(2) Rules of construction.--Nothing in this subsection 
     shall be construed--
       ``(A) to preclude the Center from imposing interim measures 
     or sanctions on an individual before an opportunity for a 
     hearing or arbitration;
       ``(B) to require the Center to meet a burden of proof 
     higher than the preponderance of the evidence;
       ``(C) to give rise to a claim under State law or to create 
     a private right of action; or
       ``(D) to render the Center a state actor.'';
       (C) in subsection (b), by striking ``subsection (a)(3)'' 
     and inserting ``subsection (a)(1)(C)'';
       (D) in subsection (d), as amended by section 7(a)(2)--
       (i) in paragraph (3), by inserting after subparagraph (B) 
     the following:
       ``(C) the corporation;'';
       (ii) by redesignating paragraph (3) as paragraph (4); and
       (iii) 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.''; and
       (E) by adding at the end the following:
       ``(e) Training Materials.--The office for education and 
     outreach referred to in subsection (a)(1)(C) shall--

[[Page S5297]]

       ``(1) develop training materials for specific audiences, 
     including coaches, trainers, doctors, young children, 
     adolescents, adults, and individuals with disabilities; and
       ``(2) not less frequently than every 3 years, update such 
     training materials.
       ``(f) Independence.--
       ``(1) Prohibition with respect to former employees and 
     board members.--A former employee or board member of the 
     corporation or a national governing body shall not work or 
     volunteer at the Center during the 2-year period beginning on 
     the date on which the former employee or board member ceases 
     employment with the corporation or national governing body.
       ``(2) Athletes serving on board of directors of national 
     governing body.--
       ``(A) In general.--An athlete serving on the board of 
     directors of a national governing body who is not otherwise 
     employed by the national governing body, may volunteer at, or 
     serve in an advisory capacity to, the Center.
       ``(B) Ineligibility for employment.--An athlete who has 
     served on the board of directors of a national governing body 
     shall not be eligible for employment at the Center during the 
     2-year period beginning on the date on which the athlete 
     ceases to serve on such board of directors.
       ``(3) Conflicts of interest.--An executive or attorney for 
     the Center shall be considered to have an inappropriate 
     conflict of interest if the executive or attorney also 
     represents the corporation or a national governing body.
       ``(4) Investigations.--
       ``(A) In general.--The corporation and the national 
     governing bodies shall not interfere in, or attempt to 
     influence the outcome of, an investigation.
       ``(B) Report.--In the case of an attempt to interfere in, 
     or influence the outcome of, an investigation, not later than 
     72 hours after such attempt, the Center shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Energy and Commerce of the House 
     of Representatives a report describing the attempt.
       ``(C) Work product.--
       ``(i) In general.--Any decision, report, memorandum, work 
     product, notes, or case file of the Center--

       ``(I) shall be confidential; and
       ``(II) shall not be subject to discovery, subpoena, or any 
     other means of legal compulsion in any civil action in which 
     the Center is not a party to the action.

       ``(ii) Rule of construction.--Nothing in this subparagraph 
     shall be construed to prohibit the Center from providing work 
     product described in clause (i) to a law enforcement agency 
     for the purpose of assisting in a criminal investigation.
       ``(g) Funding.--
       ``(1) Mandatory payments.--
       ``(A) Fiscal year 2020.--Not later than 30 days after the 
     date of the enactment of this subsection, the corporation 
     shall make a mandatory payment of $20,000,000 to the Center 
     for operating costs of the Center for fiscal year 2020.
       ``(B) Subsequent fiscal years.--Beginning on January 1, 
     2020, the corporation shall make a mandatory payment of 
     $20,000,000 to the Center on January 1 each year for 
     operating costs of the Center.
       ``(2) Funds from national governing bodies.--The 
     corporation may use funds received from 1 or more national 
     governing bodies to make a mandatory payment required by 
     paragraph (1).
       ``(3) Failure to comply.--
       ``(A) In general.--The Center may file a lawsuit to compel 
     payment under paragraph (1).
       ``(B) Penalty.--For each day of late or incomplete payment 
     of a mandatory payment under paragraph (1) after January 1 of 
     the applicable year, the Center shall be allowed to recover 
     from the corporation an additional $20,000.
       ``(4) Accountability.--
       ``(A) In general.--Amounts transferred to the Center by the 
     corporation or a national governing body shall be used, in 
     accordance with section 220503(15), primarily for the purpose 
     of carrying out the duties and requirements under sections 
     220541 through 220543 with respect to the investigation and 
     resolution of allegations of sexual misconduct, or other 
     misconduct, made by amateur athletes.
       ``(B) Use of funds.--
       ``(i) In general.--Of the amounts made available to the 
     Center by the corporation or a national governing body in a 
     fiscal year for the purpose described in section 220503(15)--

       ``(I) not less than 50 percent shall be used for processing 
     the investigation and resolution of allegations described in 
     subparagraph (A); and
       ``(II) not more than 10 percent may be used for executive 
     compensation of officers and directors of the Center.

       ``(ii) Reserve funds.--

       ``(I) In general.--If, after the Center uses the amounts as 
     allocated under clause (i), the Center does not use the 
     entirety of the remaining amounts for the purpose described 
     in subparagraph (A), the Center may retain not more than 25 
     percent of such amounts as reserve funds.
       ``(II) Return of funds.--The Center shall return to the 
     corporation and national governing bodies any amounts, 
     proportional to the contributions of the corporation and 
     national governing bodies, that remain after the retention 
     described in subclause (I).

       ``(iii) Lobbying and fundraising.--Amounts made available 
     to the Center under this paragraph may not be used for 
     lobbying or fundraising expenses.
       ``(h) Compliance Audits.--
       ``(1) In general.--Not less frequently than annually, the 
     Center shall carry out an audit of the corporation and each 
     national governing body--
       ``(A) to assess compliance with policies and procedures 
     developed under this subchapter; and
       ``(B) to ensure that consistent training relating to the 
     prevention of child abuse is provided to all staff of the 
     corporation and national governing bodies who are in regular 
     contact with amateur athletes and members who are minors 
     subject to parental consent.
       ``(2) Corrective measures.--
       ``(A) In general.--The Center may impose on the corporation 
     or a national governing body a corrective measure to achieve 
     compliance with the policies and procedures developed under 
     this subchapter or the training requirement described in 
     paragraph (1)(B).
       ``(B) Inclusions.--A corrective measure imposed under 
     subparagraph (A) may include the implementation of an athlete 
     safety program or specific policies, additional compliance 
     audits or training, and the imposition of a probationary 
     period.
       ``(C) Enforcement.--
       ``(i) In general.--On request by the Center, the 
     corporation shall--

       ``(I) enforce any corrective measure required under 
     subparagraph (A); and
       ``(II) report the status of enforcement with respect to a 
     national governing body within a reasonable timeframe.

       ``(ii) Methods.--The corporation may enforce a corrective 
     measure through any means available to the corporation, 
     including by withholding funds from a national governing 
     body, limiting the participation of the national governing 
     body in corporation events, and decertifying a national 
     governing body.
       ``(iii) Effect of noncompliance.--If the corporation fails 
     to enforce a corrective measure within 72 hours of a request 
     under clause (i), the Center may submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Energy and Commerce of the House of 
     Representatives a report describing the noncompliance.
       ``(3) Annual report.--
       ``(A) In general.--Not less frequently than annually, the 
     Center shall submit to Congress a report on the findings of 
     the audit under paragraph (1) for the preceding year and the 
     status of any corrective measures imposed as a result of the 
     audit.
       ``(B) Public availability.--
       ``(i) In general.--Each report under subparagraph (A) shall 
     be made available to the public.
       ``(ii) Personally identifiable information.--A report made 
     available to the public shall not include the personally 
     identifiable information of any individual.
       ``(i) 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, Paralympic, and 
     Amateur Athletes Act of 2020, 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.
       ``(j) 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.

[[Page S5298]]

       ``(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.''.
       (2) Technical and conforming amendments.--
       (A) Subchapter IV of chapter 2205 of title 36, United 
     States Code, as redesignated by section 5(a)(1), is amended 
     in the subchapter heading by striking ``SAFE SPORT'' and 
     inserting ``SAFESPORT''.
       (B) 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) Additional Duties of Center.--Section 220542 of title 
     36, United States Code, is amended--
       (1) in the section heading, by striking the period at the 
     end; and
       (2) in subsection (a)--
       (A) in paragraph (1), by striking ``; and'' and inserting a 
     semicolon; and
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking clauses (i) and (ii) 
     and inserting the following:
       ``(i) law enforcement consistent with section 226 of the 
     Victims of Child Abuse Act of 1990 (34 U.S.C. 20341); and
       ``(ii) the Center, whenever such members or adults learn of 
     facts leading them to suspect reasonably that an amateur 
     athlete who is a minor has suffered an incident of child 
     abuse;'';
       (ii) by redesignating subparagraphs (B) through (F) as 
     subparagraphs (E) through (I), respectively;
       (iii) by inserting after subparagraph (A) the following:
       ``(B) a requirement that the Center shall immediately 
     report to law enforcement consistent with section 226 of the 
     Victims of Child Abuse Act of 1990 (34 U.S.C. 20341) any 
     allegation of child abuse of an amateur athlete who is a 
     minor, including any report of such abuse submitted to the 
     Center by a minor or by any person who is not otherwise 
     required to report such abuse;
       ``(C) 1 or more policies that prohibit any individual who 
     is an employee, contractor, or agent of the Center from 
     assisting a member or former member in obtaining a new job 
     (except for the routine transmission of administrative and 
     personnel files) if the individual knows that such member or 
     former member violated the policies or procedures of the 
     Center related to sexual misconduct or was convicted of a 
     crime involving sexual misconduct with a minor in violation 
     of applicable law;
       ``(D) a requirement that the Center, including any officer, 
     agent, attorney, or staff member of the Center, shall not 
     take any action to notify an alleged perpetrator of abuse of 
     an amateur athlete of any ongoing investigation or accusation 
     unless--
       ``(i) the Center has reason to believe an imminent hazard 
     will result from failing to so notify the alleged 
     perpetrator; or
       ``(ii) law enforcement--

       ``(I) authorizes the Center to take such action; or
       ``(II) declines or fails to act on, or fails to respond to 
     the Center with respect to, the allegation within 72 hours 
     after the time at which the Center reports to law enforcement 
     under subparagraph (B);'';

       (iv) in subparagraph (F), as so redesignated, by inserting 
     ``, including communications,'' after ``interactions'';
       (v) by amending subparagraph (G), as so redesignated, to 
     read as follows:
       ``(G) procedures to prohibit retaliation by the corporation 
     or any national governing body against any individual who 
     makes--
       ``(i) a report under subparagraph (A) or (E); or
       ``(ii) any other report relating to abuse of any amateur 
     athlete, including emotional, physical, and sexual abuse;'';
       (vi) in subparagraph (H), as so redesignated, by striking 
     ``; and'' and inserting a semicolon;
       (vii) in subparagraph (I), as so redesignated, by striking 
     the period at the end of clause (ii) and inserting a 
     semicolon; and
       (viii) by adding at the end the following:
       ``(J) a prohibition on the use in a decision of the Center 
     under section 220541(a)(1)(D) 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.''.
       (c) 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

[[Page S5299]]

     of testing of the internal controls and the results of such 
     testing; and
       ``(C) a compliance assessment that includes an opinion or a 
     disclaimer of opinion as to whether the Center has complied 
     with the terms and conditions of subsection (b); and
       ``(2) `independent auditor' means an independent certified 
     public accountant or independent licensed public accountant, 
     certified or licensed by a regulatory authority of a State or 
     a political subdivision of a State, who meets the standards 
     specified in generally accepted accounting principles.''.

     SEC. 9. 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 certification of a national governing 
     body, as defined in that section, under section 220521 of 
     that title.''.

     SEC. 10. ENHANCED CHILD ABUSE REPORTING.

       Section 226(c)(9) of the Victims of Child Abuse Act of 1990 
     (34 U.S.C. 20341(c)(9)) is amended--
       (1) by striking ``adult who is authorized'' and inserting 
     the following: ``adult who--
       ``(A) is authorized'';
       (2) in subparagraph (A), as so designated, by inserting 
     ``or'' after the semicolon at the end; and
       (3) by adding at the end the following:
       ``(B) is an employee or representative of the United States 
     Center for SafeSport;''.

     SEC. 11. 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 the following qualifications:
       (i) Experience in 1 or more of the following:

       (I) Amateur, Olympic and Paralympic, or professional 
     athletics.
       (II) Elite athletic coaching.
       (III) Public service relating to sports.
       (IV) Professional advocacy for increased minority 
     participation in sports.
       (V) Olympic and Paralympic sports administration or 
     professional sports administration.

       (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 current or 
     former 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 review of the most recent reforms undertaken by the 
     United States Olympic and Paralympic Committee;
       (ii) a description of proposed reforms to the structure of 
     the United States Olympic and Paralympic Committee;
       (iii) an assessment as to whether the board of directors of 
     the United States Olympic and Paralympic Committee includes 
     diverse members, including athletes;
       (iv) an assessment of United States athlete participation 
     levels in the Olympic and Paralympic Games;
       (v) a description of the status of any United States 
     Olympic and Paralympic Committee licensing arrangement;
       (vi) 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;
       (vii) an analysis of the participation in amateur athletics 
     of--

       (I) women;
       (II) disabled individuals; and
       (III) minorities;

       (viii) a description of ongoing efforts by the United 
     States Olympic and Paralympic Committee to recruit the 
     Olympic and Paralympic Games to the United States;
       (ix) an evaluation of the functions of the national 
     governing bodies (as defined in section 220501 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
       (x) an assessment of the finances and the financial 
     organization of the United States Olympic and Paralympic 
     Committee.
       (2) Report.--
       (A) In general.--Not later than 270 days after the date of 
     the enactment of this Act, the Commission shall submit to 
     Congress a report on the results of the study conducted under 
     paragraph (1), including a detailed statement of findings, 
     conclusions, recommendations, and suggested policy changes.
       (B) Public availability.--The report required by 
     subparagraph (A) shall be made available to the public on an 
     internet website of the United States Government that is 
     available to the public.
       (j) Powers of Commission.--
       (1) Subpoena authority.--The Commission may subpoena an 
     individual the testimony of whom may be relevant to the 
     purpose of the Commission.
       (2) Furnishing information.--On request by the executive 
     director of the Commission, the head of a Federal agency 
     shall furnish information to the Commission.
       (k) Termination of Commission.--The Commission shall 
     terminate 90 days after the date on which the Commission 
     submits the report under subsection (i)(2).
       (l) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 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.

                          ____________________