[Congressional Record Volume 166, Number 171 (Thursday, October 1, 2020)]
[House]
[Pages H5151-H5160]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EMPOWERING OLYMPIC, PARALYMPIC, AND AMATEUR ATHLETES ACT OF 2020
Ms. BASS. Mr. Speaker, I move to suspend the rules and pass 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.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 2330
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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 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--
[[Page H5152]]
(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.
``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.''.
[[Page H5153]]
(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.
``(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
[[Page H5154]]
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 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:
[[Page H5155]]
``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;'';
(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
[[Page H5156]]
``(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--
``(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.
[[Page H5157]]
``(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.
``(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
[[Page H5158]]
(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 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--
[[Page H5159]]
(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
California (Ms. Bass) and the gentleman from Pennsylvania (Mr.
Reschenthaler) each will control 20 minutes.
The Chair recognizes the gentlewoman from California.
General Leave
Ms. BASS. Mr. Speaker, I ask unanimous consent that all Members have
5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. BASS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of S. 2330, the Empowering
Olympic, Paralympic, and Amateur Athletes Act of 2020, a bipartisan
bill that restores integrity to the Olympic movement and provides much-
needed protections to our country's amateur athletes in the wake of the
Larry Nassar sexual abuse scandal.
S. 2330 was introduced after bipartisan investigations, launched in
both the House and the Senate, revealed systemic failures within the
Olympic community that contributed to widespread instances of sexual
abuse of athletes, including minors.
{time} 1430
These include a lack of effective oversight of the U.S. Olympic and
Paralympic Committee and amateur sports national governing bodies, the
failure of these organizations to uphold their duty to protect athletes
from abuse by failing to report allegations of wrongdoings to
appropriate law enforcement authorities, and concealing these failures
and neglecting to enact serious reforms.
S. 2330 addresses these issues through a series of governance and
oversight reforms, including increasing the liability of the USOPC and
NGB for failing to take appropriate action in response to allegations
of abuse, providing congressional authority to dissolve the USOPC board
and decertified NGBs, increasing the level of amateur athletes'
representations on the USOPC board and NGB governing structures, and
requiring the USOPC to establish clear procedures and reporting
requirements to protect athletes.
Importantly, the bill also strengthens the work and independence of
the Center for SafeSport, the nonprofit organization that is
responsible for investigating allegations of sexual abuse against
athletes. The bill requires USOPC to provide the Center for SafeSport
$20 million in funding each year to cover its operating costs.
The bill also prevents potential conflicts of interest by prohibiting
individuals who are employed by the USOPC or an NGB from serving the
Center for SafeSport and limiting the ability of former employers and
board members from serving.
S. 2330 is supported by the USOPC, the Center for SafeSport, and a
coalition of hundreds of Olympic and
[[Page H5160]]
Paralympic athletes, coaches, sports leaders, and sexual abuse
survivors.
The bill passed by the Senate by unanimous consent on August 4, 2020,
and its companion bill, H.R. 7881, has bipartisan support here in the
House as well.
I commend the work of Senators Blumenthal and Moran, as well as
Representatives Ted Lieu, John Curtis, Diana DeGette, Susan Brooks,
Ann Kuster, and Michael Burgess for their tireless work on this bill.
I urge all of my colleagues to vote in favor of this bill, and I
reserve the balance of my time.
Mr. RESCHENTHALER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of S. 2330, the Empowering Olympic,
Paralympic, and Amateur Athletes Act of 2020.
In 2016, we were shaken by the revelations of abuse that permeated
USA Gymnastics and the Olympic community. While the blame for this
abuse falls squarely at the feet of the predator, USA Gymnastics and
the U.S. Olympic & Paralympic Committee also failed the victims.
In 2017, the U.S. Olympic Committee created the U.S. Center for
SafeSport. SafeSport is an independent organization entrusted with
responding to reports of abuse and misconduct within the Olympic
Committee.
S. 2330 supports the work that SafeSport is doing and helps address
the shortcomings in the committee that allowed the abuse to occur. One
of the most important reforms in this bill is a requirement that
athletes serve on the governing bodies that oversee their sports,
ensuring that athletes finally get a seat at the table.
I thank Senator Moran and the other Senators who investigated these
issues and developed these important reforms.
I urge my colleagues to support this important piece of legislation.
Mr. Speaker, I have no further speakers, and I yield back the balance
of my time.
Ms. BASS. Mr. Speaker, I again acknowledge the leadership and
commitment of so many of my colleagues who worked in a bipartisan
fashion on this important bill.
Mr. Speaker, I support S. 2330, and I yield back the balance of my
time.
Ms. DeGETTE. Mr. Speaker, I rise today in support of the Empowering
Olympic, Paralympic and Amateur Athletes Act.
The Olympics are meant to be a celebration. A coming together of our
Nation's finest, who have given their all to represent us on the
world's stage.
And yet, over the past several years, abuse allegations have filtered
into every corner of the Olympic sports.
USOP--the very body that was created to care for our athletes--became
more concerned about protecting its brand than the athletes themselves.
We know now that USOPC and USA Gymnastics officials knew about the
horrific sexual assault allegations brought against Larry Nassar, and
still chose to ignore them.
It is long past time for a change.
Our Olympic athletes devote their entire lives to representing the
United States of America. Today, Congress is making good on our promise
to represent them.
This legislation includes my bill to form an independent, blue-ribbon
commission to study and reform the Nation's top sport's governing body.
The 16-member independent commission would be made up of, at least,
eight Olympic or Paralympic athletes and will be tasked with studying
how the U.S. Olympic and Paralympic Committee operates, and provide
Congress a list of recommendations to better protect the nation's top
athletes.
A gold medal is not worth the lives that have been torn apart because
of this.
I'm thrilled that we're passing this bill, but today's victory is
only the first step towards much needed reform of the U.S. Olympic and
Paralympic Committee.
I look forward to continuing to work with the USOPC, National
Governing Bodies, and athletes across the nation so that we may strive
towards a more resilient Team USA.
We must continue to find ways to give our athletes a voice in the
process--and to ensure that it's putting their well-being above all
else.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from California (Ms. Bass) that the House suspend the rules
and pass the bill, S. 2330.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________