[Senate Report 115-443]
[From the U.S. Government Publishing Office]


                                                     Calendar No. 734
115th Congress        }                      {                Report
                                 SENATE
 2nd Session          }                      {                115-443
_______________________________________________________________________

                                     


     UNITED STATES CENTER FOR SAFE SPORT AUTHORIZATION ACT OF 2017

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1426
                                
                                
                                
                                
                                

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]








               December 19, 2018.--Ordered to be printed
                                  ______

                       U.S. GOVERNMENT PUBLISHING OFFICE 

89-010                       WASHINGTON : 2018







              
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred fifteenth congress
                             second session

                   JOHN THUNE, South Dakota, Chairman
 ROGER F. WICKER, Mississippi         BILL NELSON, Florida
 ROY BLUNT, Missouri                  MARIA CANTWELL, Washington
 TED CRUZ, Texas                      AMY KLOBUCHAR, Minnesota
 DEB FISCHER, Nebraska                RICHARD BLUMENTHAL, Connecticut
 JERRY MORAN, Kansas                  BRIAN SCHATZ, Hawaii
 DAN SULLIVAN, Alaska                 EDWARD J. MARKEY, Massachusetts
 DEAN HELLER, Nevada                  TOM UDALL, New Mexico
 JAMES M. INHOFE, Oklahoma            GARY C. PETERS, Michigan
 MIKE LEE, Utah                       TAMMY BALDWIN, Wisconsin
 RON JOHNSON, Wisconsin               TAMMY DUCKWORTH, Illinois
 SHELLEY MOORE CAPITO, West           MARGARETWOODHASSAN,NewHampshire
    Virginia
 CORY GARDNER, Colorado               CATHERINE CORTEZ MASTO, Nevada
 TODD C. YOUNG, Indiana               JON TESTER, Montana
                       Nick Rossi, Staff Director
                  Crystal Tully, Deputy Staff Director
                    Jason Van Beek, General Counsel
                 Kim Lipsky, Democratic Staff Director
           Christopher Day, Democratic Deputy Staff Director




                                                     Calendar No. 734
115th Congress        }                      {                Report
                                 SENATE
 2nd Session          }                      {                115-443

======================================================================



 
     UNITED STATES CENTER FOR SAFE SPORT AUTHORIZATION ACT OF 2017

                                _______
                                

               December 19, 2018.--Ordered to be printed

                                _______
                                

Mr. Thune, from the Committee on Commerce, Science, and Transportation, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1426]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1426) to amend the Ted Stevens 
Olympic and Amateur Sports Act to expand the purposes of the 
corporation, to designate the United States Center for Safe 
Sport, and for other purposes, having considered the same, 
reports favorably thereon with an amendment (in the nature of a 
substitute) and recommends that the bill (as amended) do pass.

                          Purpose of the Bill

    The purpose of S. 1426, the United States Center for Safe 
Sport Authorization Act of 2017, is to clarify that a central 
purpose of the United States National Olympic Committee (USOC) 
is to promote a safe environment in sports that is free from 
abuse, including emotional, physical, and sexual abuse, of any 
amateur athlete. This legislation also would designate the 
United States Center for Safe Sport (Center) as the independent 
organization to investigate and adjudicate abuse allegations in 
the Olympic movement. It would require the Center, among other 
things, to develop best practices and procedures for 
implementation by the various National Governing Bodies (NGBs) 
and Paralympic Sports Organizations (PSOs) that are responsible 
for administering Olympic and Paralympic sports at the national 
level and for athlete development in preparing for competition.
    To minimize the risk to the Center of litigation arising 
from actions performed in the course of the investigation, 
adjudication, and sharing of information of abuse allegations, 
as this bill contemplates and requires, S. 1426 would provide 
certain limitations on liability for the Center, NGBs, and 
PSOs. It would provide exceptions to these limitations on 
liability in instances in which the entity has acted with 
actual malice or outside the scope of its duties. Finally, in 
order to ensure independence, this bill would authorize to be 
appropriated $1 million annually for fiscal years (FYs) 2017 
through 2021 to the Center to supplement the funds it currently 
receives from the USOC, the NGBs, and other sources.

                          Background and Needs

    The issue of sexual abuse within the United States Olympic 
movement has received considerable media attention in recent 
months. In February 2017, reports detailed serious allegations 
of alleged sexual abuse within the sport of taekwondo, 
resulting in the criminal conviction of a USA Taekwondo 
coach.\1\ Additional misconduct has reportedly occurred under 
other sports' NGBs, including gymnastics, speed skating, 
swimming, and cycling.\2\ The implication that such conduct may 
be systemic across NGBs raises serious concerns about the 
extent to which the USOC\3\ perceives and is acting upon its 
obligation to protect the health and safety of athletes. 
Following these reports, in March 2017, Chairman Thune and 
Senator Moran, who serves as Chairman of the Subcommittee on 
Consumer Protection, Product Safety, Insurance, and Data 
Security, sent a letter to the USOC inquiring about the ability 
of the USOC and the NGBs to conduct effective, timely, and 
impartial investigations into allegations of misconduct.\4\
---------------------------------------------------------------------------
    \1\Will Hobson & Steven Rich, ``An Athlete Accused Her Coach of Sex 
Abuse. Olympic Officials Stayed on the Sideline,'' Wash. Post, February 
14, 2017, at https://www.washingtonpost.com/sports/olympics/an-athlete-
accused-her-coach-of-sex-abuse-olympic-officials-stayed-on-sideline/
2017/02/14/35a6fc76-d2eb-11e6-a783-cd3fa950f2fd_story.html.
    \2\See, e.g., Rick Maese & Will Hobson, ``USA Gymnastics Says it 
Alerted FBI to Dr. Accused of Sex Abuse in 2015,'' Wash. Post, February 
16, 2017, at https://www.washingtonpost.com/sports/2017/02/16/a03f968c-
f489-11e6-a9b0-ecee7ce475fc_story.html (alleging sexual abuse within 
USA Gymnastics); Marisa Kwiatkowski, et al., ``A  Blind Eye to Sex 
Abuse: How USA Gymnastics Failed to Report Cases,'' Indianapolis Star, 
Aug. 4, 2016, at A9 (alleging failure to report sexual abuse within USA 
Gymnastics); Kelly Whiteside, ``the USOC Eyes Agency to Fix Abuses,'' 
USA Today, Mar. 8, 2013, at 6C (reporting claims of physical and 
emotional abuse in U.S. Speedskating and stating that ``[s]exual abuse 
allegations have rocked swimming and other sports''); Caitlin Giddings, 
``USA Cycling Opens Investigation into Missy Erickson's Allegations of 
Sexual Abuse,'' Bicycling, Feb. 17, 2017, at http://www.bicycling.com/
racing/pro-cycling/usa-cycling-opens-investigation-into-missy-
ericksons-allegations-of-sexual-abuse (alleging sexual abuse within USA 
Cycling).
    \3\The National Olympic Committee for the United States (USOC) is 
responsible for supporting, entering, and overseeing U.S. teams for the 
Olympic Games, Paralympic Games, Youth Olympic Games, Pan American 
Games, and Parapan American Games. The USOC supports NGBs by providing 
expertise in nutrition, biomechanics, medicine, physiology, psychology, 
strength and conditioning, and performance technology. About the USOC, 
Team USA, at http://www.teamusa.org/About-the-USOC (last visited Oct. 
20, 2017).
    \4\Letter from Hon. John Thune, Chairman, S. Comm. on Commerce, 
Sci., & Transp., and Hon. Jerry Moran, Chairman, Subcomm. on Consumer 
Prot., Prod. Safety, Ins., & Data Sec., to Mr. Scott Blackmun, Chief 
Exec. Officer, U.S. Olympic Comm. (March 2, 2017) (on file with Comm.).
---------------------------------------------------------------------------
    To address abuse and misconduct, the USOC is responsible 
for enforcing conduct and safety policies for staff who are in 
direct contact with athletes. The USOC also has instituted 
mandatory policy measures for NGBs and PSOs. For example, in 
2010, the USOC convened a working group for safe training 
environments and subsequently implemented its recommendations. 
In 2017, the USOC established the Center as an independent 
entity to provide a single source for investigation and 
resolution of abuse and misconduct allegations.\5\ The Center 
is tasked with enforcing abuse prevention policies, 
investigating and adjudicating such allegations, and providing 
training and education to NGBs and their members on how to 
implement best practices.
---------------------------------------------------------------------------
    \5\Press Release, U.S. Ctr. for SafeSport, The U.S. Center for 
SafeSport Opens (March 23, 2017) (on file with Comm.).
---------------------------------------------------------------------------
    The Center receives operational funding principally through 
cash and in-kind contributions from the USOC and NGBs. The 
Center contemplates additional fundraising from the private 
sector, including foundations, corporations, and individuals; 
however, in FY 2017, the year the Center became operational, it 
received approximately 66 percent of its funding from the USOC 
and approximately 33 percent of its funding from the NGBs. The 
Committee recognizes that additional sources of funding, 
including access to Federal funding, are needed to ensure the 
Center's independence and long-term viability. In particular, 
not having to rely solely on USOC and NGB funding is critical 
to the Center's ability to offer and administer its 
investigations and decisions with clear independence and 
autonomy from those entities. Indeed, their athletes and 
coaches may be the subject of sensitive investigations.
    In addition to fundraising, the Committee recognizes that 
access to adequate insurance coverage has been a challenge for 
the Center. Given the Center's current work in addressing abuse 
allegations and the additional duties contemplated by this 
legislation, the Committee believes the Center's tort liability 
exposure should be calibrated to allow the Center to continue 
its work to protect amateur athletes from abuse by limiting the 
risk of potential litigation arising in the course of its 
legitimate activities. Furthermore, the Committee believes that 
such liability protections would allow the Center to 
renegotiate its current insurance policy to receive more 
favorable terms.

                         Summary of Provisions

    Section 3 would amend chapter 2205 of title 36, United 
States Code,\6\ by adding a new section 220541(a)(1) 
designating the Center to serve as the independent national 
safe sport organization and be recognized worldwide as the 
independent national safe sport organization for the United 
States. This language is modeled off of the law authorizing the 
United States Anti-Doping Agency (USADA) (21 U.S.C. 2001, et 
seq.). It is the Committee's intention for the Center to exist 
on a similar footing with, and with the same independence as, 
USADA.
---------------------------------------------------------------------------
    \6\This chapter is known as the Ted Stevens Olympic and Amateur 
Sports Act.
---------------------------------------------------------------------------
    Section 3 would add a new section 220541(a)(3) to require 
the Center to maintain an office, to develop, among other 
things, 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 NGBs and PSOs. This provision would ensure 
that policies and procedures exist at the NGB and PSO level to 
protect amateur athletes from abuse, training to prevent abuse 
is available to NGBs and PSOs, and there is sufficient 
oversight of the implementation of these anti-abuse 
protections. This provision would confer discretion to the 
Center to tailor such training, oversight practices, policies, 
and procedures to the needs of the individual NGBs and PSOs, 
based on such factors as legal and governance structure, size, 
number of amateur athletes, history of prior misconduct, and 
other factors particular to each sport. The Committee is aware 
that certain NGBs and PSOs have instituted and currently 
enforce robust policies and procedures to prevent abuse, which 
may be sufficient for the purposes of this section. Where such 
policies and procedures exist, the Center may recognize the 
existing policies and procedures rather than develop policies 
and procedures de novo. The outreach and oversight contemplated 
under this provision may include, for instance, the sharing of 
information regarding accused violators, which can help prevent 
such violators from ``sport hopping'' in order to avoid being 
caught and prevent them from coaching amateur athletes in spite 
of alleged abusive behavior.
    Section 3 would add a new section 220541(a)(5) to require 
the Center to maintain an office for response and resolution 
to, among other things, establish mechanisms that allow for the 
reporting, investigation, and adjudication of alleged sexual 
abuse in violation of the Center's policies and procedures. 
Section 220541(a)(6) would further require that these 
mechanisms provide fair notice and an opportunity to be heard 
and protect the privacy and safety of complainants. In an 
administrative proceeding to determine the opportunity of an 
individual to participate in amateur athletic competition, the 
requirement to provide ``fair notice and an opportunity to be 
heard'' is a lower standard than would be required as a matter 
of constitutional due process in a criminal proceeding.
    Section 3 would add a new section 220541(b) to allow the 
Center to utilize a neutral arbitration body and develop 
policies and procedures to resolve allegations of sexual abuse 
within its jurisdiction in order to determine the opportunity 
of any amateur athlete, coach, trainer, manager, administrator, 
or official, who is the subject of an allegation of sexual 
abuse, to participate in amateur athletic competition. It is 
not the purpose of such a proceeding to supplant any criminal 
or civil proceeding arising from alleged sexual abuse. The 
Committee contemplates that the policies and procedures 
developed under this section may include procedures to appeal 
the decision of the neutral arbitration body.
    Section 3 would add a new section 220541(c) to limit the 
liability of the Center and each NGB and PSO, including 
officers, employees and agents thereof. This provision states 
that these parties shall not be held liable for damages in any 
civil action for a variety of tort actions arising out of any 
actions or communications undertaken in the course of their 
duties. The Committee contemplates that these protection extend 
not only to actions for defamation, libel, slander, or damage 
to reputation, but also to related actions, including, but not 
limited to, false light, intrusion upon seclusion, tortious 
interference, and abuse of process. These liability protections 
would not apply in instances in which the Center, NGB, PSO, or 
officers, employees, or agents thereof act with actual malice 
or in cases where the action is unrelated to official duties. 
There is a presumption that the Center, NGB, PSO, or officers, 
employees, or agents thereof act pursuant to their duties under 
this Act and without actual malice.
    Section 3 would add a new section 220542(a)(2)(A) to 
require that the Center develop, and that the NGBs and PSOs 
follow, policies and procedures to require adults within the 
NGBs and PSOs, among others, to report immediately any 
allegation of child abuse to law enforcement, the Center, and 
other appropriate entities. ``Child abuse'' would be defined as 
``physical or sexual abuse or neglect of a child, including 
human trafficking and the production of child pornography,'' 
consistent with the term's definition in section 212 of the 
Victims of Child Abuse Act of 1990 (42 U.S.C. 13001a). Though 
the legislation contemplates elsewhere that the Center would 
develop, among other things, training to prevent abuse, 
including emotional, physical, and sexual abuse, in sports, 
section 220542(a)(2)(A) would neither require mandatory 
reporting of other allegations of abuse beyond child abuse, as 
defined, nor would it preclude voluntary reporting of such 
allegations.
    Section 3 would add a new section 220542(a)(2)(C) to 
require that the Center develop, and that NGBs and PSOs follow, 
reasonable procedures to limit 1-on-1 interactions between an 
amateur athlete who is a minor and an adult (who is not the 
minor's legal guardian) at a facility under the jurisdiction of 
an NGB or PSO without being in an observable and interruptible 
distance from another adult, except under exigent 
circumstances. Such procedures can contemplate the policies and 
procedures outlined in the Center for Disease Control and 
Prevention's (CDC's) guidelines entitled ``Preventing Child 
Abuse Within Youth-serving Organizations: Getting Started on 
Policies and Procedures,''\7\ which recommends organizations 
consider contextual issues and balance the need to keep youth 
safe with the need to nurture and care for them.\8\ With 
respect to 1-on-1 interactions, the CDC states that ``some 
organizations have a policy to limit 1-on-1 interactions 
between youth and adults (i.e., having at least two adults 
present at all times with youth). The goal of such a policy is 
to prevent the isolation of 1 adult and 1 youth, a situation 
that elevates the risk for child sexual abuse. This strategy 
must be modified based on the mission of your 
organization.''\9\
---------------------------------------------------------------------------
    \7\U.S. Dep't of Health & Hum. Servs., ``Preventing Child Sexual 
Abuse Within Youth-serving Orgs.: Getting Started on Policies and 
Procs. (2007),'' at https://www.cdc.gov/violenceprevention/pdf/
preventingchildsexualabuse-a.pdf.
    \8\Id. at 2.
    \9\Id. at 11.
---------------------------------------------------------------------------
    Section 3 would add a new section 220542(a)(2)(E) providing 
for oversight procedures, including a requirement that subject 
matter experts, unaffiliated with an NGB or PSO conduct regular 
and random audits. The Committee contemplates that such audits 
occur on a quadrennial basis. In determining whether a subject 
matter expert is unaffiliated with an NGB or PSO, the Committee 
contemplates that the Center apply criteria similar to the 
criteria set forth in section 3.4 of the USOC bylaws to 
determine whether a director would be considered an 
``independent director.'' The purpose of these oversight 
procedures is to ensure that the NGBs and PSOs comply with the 
policies and procedures developed under the new section 
220541(a)(3). In addition, these procedures are meant to ensure 
that all adult NGB and PSO members receive consistent sexual 
abuse prevention training, as well as minors, subject to 
parental consent. In this instance, ``consistent training'' 
would mean training regarding the prevention of sexual abuse 
that is consistent with the training developed under section 
220541(a)(3) for an individual NGB or PSO.

                          Legislative History

    On May 17, 2017, the Committee held a hearing entitled 
``Current Issues in American Sports: Protecting the Health and 
Safety of American Athletes,'' during which Committee members 
heard testimony regarding the Center's efforts to address 
incidents of sexual abuse within the Olympic movement. Ms. 
Shellie Pfohl, the Center's President and Chief Executive 
Officer, testified that 45 million youth in the United States 
play sports, and that, among athletes and non-athletes, 1-in-10 
youth in the United States are at risk of being sexually abused 
before the age of 18. Ms. Pfohl also testified that among the 
best practices that the Center endorses are risk-based policies 
to limit 1-on-1 contact between minor athletes and coaches, 
consistent with the standard for such contact recommended by 
the CDC.
    Chairman Thune introduced S. 1426 on June 22, 2017 (for 
himself and Ranking Member Nelson). Senators Moran (chairman of 
the Subcommittee on Consumer Protection, Product Safety, 
Insurance, and Data Security), Blumenthal (ranking member of 
that subcommittee), Sullivan, Peters, and Klobuchar are also 
cosponsors.
    On June 29, 2017, the Committee met in open Executive 
Session, and, by voice vote, ordered S. 1426 reported favorably 
with an amendment (in the nature of a substitute). At the 
Executive Session, Senators Thune and Nelson both recognized a 
similar bill, S. 534, the Protecting Young Victims from Sexual 
Abuse Act of 2014, sponsored by Senator Feinstein and 
previously reported by the Committee on the Judiciary of the 
Senate. Both Senators stated their intention to work with 
Senator Feinstein to merge S. 1426 and S. 534 for consideration 
by the full Senate. Provisions of S. 1426 were merged with S. 
543 before S. 534 passed the Senate on November 14, 2017.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 1426--United States Center for Safe Sport Authorization Act of 2017

    S. 1426 would designate the United States Center for Safe 
Sport as the national safe sport organization for the United 
States Olympic Committee (USOC) and would authorize the 
appropriation of $1 million each year for fiscal years 2017-
2021 for its operations. Currently, the Center operates as a 
non-profit entity that addresses sexual misconduct and abuse 
within national governing bodies recognized by the USOC. The 
bill also would specify the structure and duties of the Center 
and would require it to submit an annual report to Congress. 
CBO estimates that implementing the bill would cost $4 million 
over the 2018-2022 period, assuming appropriation of the 
specified amounts.
    S. 1426 would not affect direct spending or revenues; 
therefore, pay-as-you-go procedures do not apply. CBO estimates 
that enacting S. 1426 would not increase net direct spending or 
on-budget deficits in any of the four consecutive 10-year 
periods beginning in 2028.
    S. 1426 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA) and would impose no 
costs on state, local, or tribal governments.
    S. 1426 would impose a private-sector mandate, as defined 
in UMRA, by requiring the United States Center for Safe Sports 
to develop training, oversight practices, policies and 
procedures to prevent the abuse of any amateur athlete. The 
bill also would require additional procedures to be implemented 
by the Center to report such abuse. According to testimony, the 
United States Olympic Committee recently implemented such a 
program to prevent and report any abuse of athletes. 
Consequently, CBO estimates that the costs of complying with 
the mandates would be small and would fall well below the 
annual threshold established in UMRA for private-sector 
mandates ($156 million in 2017, adjusted annually for 
inflation). Moreover, the bill would authorize the 
appropriation of $1 million annually for fiscal years 2017-2021 
to the Center to offset the costs of complying with the 
requirements of the bill.
    The CBO staff contacts for this estimate are Stephen Rabent 
(for federal costs) and Paige Piper-Bach (for private-sector 
mandates). The estimate was approved by Theresa Gullo, 
Assistant Director for Budget Analysis.

                      Regulatory Impact Statement

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       number of persons covered

    S. 1426, as reported, would not impose any new regulatory 
requirements on businesses.

                            economic impact

    Enactment of this legislation is not expected to have an 
adverse impact on the Nation's economy.

                                privacy

    S. 1426 would include a provision to require immediate 
reporting of allegations of child abuse of any amateur athlete 
who is a minor, and would establish a mechanism for reporting 
of other abuse allegations. It includes a provision to require 
the Center to establish a mechanism by which an NGB or PSO 
would share confidentially reports of suspected sexual abuse of 
an amateur athlete who is a minor. It would include a provision 
to require the Center to establish mechanisms that would allow 
for the reporting, investigation, and adjudication of alleged 
sexual abuse in violation of the Center's policies and 
procedures, but requires that these mechanisms protect the 
privacy of complainants, among other things.

                               paperwork

    S. 1426 would require the Center to keep correct and 
complete records of account and to submit an annual report to 
Congress including an annual audit and description of its 
activities.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis


Section 1. Short title.

    This section would provide that the bill may be cited as 
the ``United States Center for Safe Sport Authorization Act of 
2017.''

Section 2. Expansion of the purposes of the corporation.

    This section would amend the Ted Stevens Olympic and 
Amateur Sports Act (Stevens Act) to state that it is the 
purpose of the USOC to promote a safe environment in sports 
that is free from abuse, including emotional, physical, and 
sexual abuse, of any amateur athlete (defined in existing code 
as an athlete who meets the eligibility standards established 
by the NGB or PSO for the sport in which the athlete competes).

Section 3. Designation of the United States Center for Safe Sport.

    This section would amend the Stevens Act by creating a new 
subchapter III, designating the Center, enumerating additional 
duties of the Center, requiring records audits and reports, and 
authorizing appropriations.
            Designation of the United States Center for Safe Sport
    The Center would serve as the independent national safe 
sport organization and would be recognized worldwide as the 
independent national safe sport organization for the United 
States. This section would establish the Center's jurisdiction 
over the USOC, NGB, and PSO with regard to safeguarding 
athletes against abuse, including emotional, physical, and 
sexual abuse, in sports. This provision is modeled on similar 
language codifying the role of USADA.
    The Center would be required to maintain an office for 
education and outreach to 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 
the NGBs and PSOs. The Center would be required to ensure that 
all NGBs and PSOs follow its policies and procedures for 
preventing abuse. The Center also would be required to maintain 
an office for response and resolution that would establish 
mechanisms for the reporting, investigation, and adjudication 
of allegations of sexual abuse committed in violation of the 
Center's policies and procedures to determine an individual's 
opportunity to participate in amateur athletic competition. In 
so doing, this office would be required to provide fair notice 
and an opportunity to be heard, as well as to protect the 
privacy and safety of complainants.
    The Center, at its discretion, would be allowed to utilize 
a neutral arbitration body and develop policies and procedures 
to resolve allegations of sexual abuse within its jurisdiction. 
However, this section would contain a rule of construction to 
preserve the right otherwise existing in law of an amateur 
athlete to pursue civil remedies through the courts.
    This section would contain a limitation of liability that 
would provide that the Center, each NGB, and each PSO would not 
be liable for damages in any civil action for defamation, 
libel, slander, or damage to reputation, except when the 
Center, NGB, or PSO acts with actual malice or takes action not 
pursuant to this bill.
            Additional Duties
    The Center would be required to develop training, oversight 
practices, policies, and procedures for implementation by the 
NGBs and PSOs to prevent the abuse, including emotional, 
physical, and sexual abuse, of amateur athletes. These policies 
would include a requirement that all adult members of the NGBs 
and PSOs, or facilities under the jurisdiction of a NGB or PSO, 
in addition to other adults authorized to interact with amateur 
athletes, report immediately any allegation of child abuse of a 
minor amateur athlete to appropriate authorities, including the 
Center and law enforcement agencies, whenever such member or 
adult learns of facts leading them to suspect reasonably that a 
minor amateur athlete has suffered an incident of child abuse. 
The term ``child abuse'' would be defined to mean physical or 
sexual abuse or neglect of a child, including human trafficking 
and the production of child pornography.
    The Center would be required to implement a mechanism 
approved by a trained expert on child abuse that allows a 
complainant to report easily an incident of sexual abuse to the 
Center, NGB, PSO, law enforcement, or other appropriate 
authority.
    The Center would be required to include reasonable 
procedures to limit 1-on-1 interactions between minor amateur 
athletes and adults (other than the minor's legal guardian) at 
facilities under control of an NGB or PSO except under exigent 
circumstances. Under this requirement, the reasonable 
procedures would allow for interactions that occur within an 
observable and interruptible distance from another adult.
    The Center would be required to prohibit any NGB or PSO 
from retaliating against any individual who reports sexual 
abuse of a minor amateur athlete as required under Center 
policies and procedures, or who reports an incident of child 
abuse pursuant to the Center's established mechanisms.
    The Center would be required to establish oversight 
procedures, including regular and random audits conducted by 
subject matter experts, unaffiliated with an NGB or PSO, of 
each NGB or PSO to ensure that certain policies and procedures 
are followed correctly and that consistent training regarding 
prevention of sexual abuse is offered and given to all adult 
members and, subject to parental consent, to members who are 
minors.
    The Center would be required to establish a mechanism by 
which an NGB or PSO can share confidentially a report of sexual 
abuse of an amateur athlete who is a minor by a member of the 
NGB or PSO, or an adult authorized by an NGB or PSO to interact 
with an amateur athlete who is a minor, with each of the other 
NGBs, PSOs, or facilities under the control of such entities, 
and to allow an NGB or PSO to withhold providing to an adult 
who is the subject of an allegation of sexual abuse the 
authority to interact with an amateur athlete who is a minor 
until the resolution of such allegation. This section would 
contain a rule of construction to clarify that nothing in this 
section would be construed as to limit the ability of an NGB or 
PSO to implement an interim measure to prevent an individual 
who is the subject of an allegation of sexual abuse from 
interacting with an amateur athlete prior to the Center 
exercising its jurisdiction over a matter.
            Records, Audits, and Reports
    This section would require the Center to keep correct and 
complete records of account and to submit an annual report to 
Congress including an annual audit that complies with the audit 
requirements for Patriotic and National Organizations and 
includes a description of the Center's activities.
            Authorization of Appropriations
    This section would authorize to be appropriated to the 
Center $1 million annually for FY 2017 through FY 2021.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

     TITLE 36. PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND 
                             ORGANIZATIONS


            SUBTITLE II. PATRIOTIC AND NATIONAL ORGANIZATIONS

                          PART B. ORGANIZATIONS

              CHAPTER 2205. UNITED STATES OLYMPIC COMMITTEE

                        SUBCHAPTER I. CORPORATION

Sec. 220501. Short title and definitions

  (a) Short Title.--This chapter may be cited as the ``Ted 
Stevens Olympic and Amateur Sports Act''.
  (b) Definitions.--For purposes of this chapter--
          (1) ``amateur athlete'' means an athlete who meets 
        the eligibility standards established by the national 
        governing body or paralympic sports organization for 
        the sport in which the athlete competes.
          (2) ``amateur athletic competition'' means a contest, 
        game, meet, match, tournament, regatta, or other event 
        in which amateur athletes compete.
          (3) ``amateur sports organization'' means a not-for-
        profit corporation, association, or other group 
        organized in the United States that sponsors or 
        arranges an amateur athletic competition.
          (4) ``Center'' means the United States Center for 
        Safe Sport designated under section 220541.
          [(4)](5) ``corporation'' means the United States 
        Olympic Committee.
          [(5)] (6) ``international amateur athletic 
        competition'' means an amateur athletic competition 
        between one or more athletes representing the United 
        States, individually or as a team, and one or more 
        athletes representing a foreign country.
          [(6)](7) ``national governing body'' means an amateur 
        sports organization that is recognized by the 
        corporation under section 220521 of this title.
          [(7)](8) ``paralympic sports organization'' means an 
        amateur sports organization which is recognized by the 
        corporation under section 220521 of this title.
          [(8)](9) ``sanction'' means a certificate of approval 
        issued by a national governing body.

Sec. 220503. Purposes

  The purposes of the corporation are--
          (1) to establish national goals for amateur athletic 
        activities and encourage the attainment of those goals;
          (2) to coordinate and develop amateur athletic 
        activity in the United States, directly related to 
        international amateur athletic competition, to foster 
        productive working relationships among sports-related 
        organizations;
          (3) to exercise exclusive jurisdiction, directly or 
        through constituent members of committees, over--
                  (A) all matters pertaining to United States 
                participation in the Olympic Games, the 
                Paralympic Games, and the Pan-American Games, 
                including representation of the United States 
                in the games; and
                  (B) the organization of the Olympic Games, 
                the Paralympic Games, and the Pan-American 
                Games when held in the United States;
          (4) to obtain for the United States, directly or by 
        delegation to the appropriate national governing body, 
        the most competent amateur representation possible in 
        each event of the Olympic Games, the Paralympic Games, 
        and Pan-American Games;
          (5) to promote and support amateur athletic 
        activities involving the United States and foreign 
        nations;
          (6) to promote and encourage physical fitness and 
        public participation in amateur athletic activities;
          (7) to assist organizations and persons concerned 
        with sports in the development of amateur athletic 
        programs for amateur athletes;
          (8) to provide swift resolution of conflicts and 
        disputes involving amateur athletes, national governing 
        bodies, and amateur sports organizations, and protect 
        the opportunity of any amateur athlete, coach, trainer, 
        manager, administrator, or official to participate in 
        amateur athletic competition;
          (9) to foster the development of amateur athletic 
        facilities for use by amateur athletes and assist in 
        making existing amateur athletic facilities available 
        for use by amateur athletes;
          (10) to provide and coordinate technical information 
        on physical training, equipment design, coaching, and 
        performance analysis;
          (11) to encourage and support research, development, 
        and dissemination of information in the areas of sports 
        medicine and sports safety;
          (12) to encourage and provide assistance to amateur 
        athletic activities for women;
          (13) to encourage and provide assistance to amateur 
        athletic programs and competition for amateur athletes 
        with disabilities, including, where feasible, the 
        expansion of opportunities for meaningful participation 
        by such amateur athletes in programs of athletic 
        competition for able-bodied amateur athletes; [and]
          (14) to encourage and provide assistance to amateur 
        athletes of racial and ethnic minorities for the 
        purpose of eliciting the participation of those 
        minorities in amateur athletic activities in which they 
        are underrepresented[.]; and
          (15) to promote a safe environment in sports that is 
        free from abuse, including emotional, physical, and 
        sexual abuse, of any amateur athlete.

          Subchapter III--United States Center for Safe Sport

Sec. 220541. Designation of United States Center for Safe Sport

  (a) In General.--The United States Center for Safe Sport 
(referred to in this subchapter as the ``Center'') shall--
          (1) serve as the independent national safe sport 
        organization and be recognized worldwide as the 
        independent national safe sport organization for the 
        United States;
          (2) exercise jurisdiction over the corporation, each 
        national governing body, and each paralympic sports 
        organization with regard to safeguarding amateur 
        athletes against abuse, including emotional, physical, 
        and sexual abuse, in sports;
          (3) 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 and 
        paralympic sports organizations;
          (4) ensure that the policies and procedures under 
        paragraph (3) include requirements that all national 
        governing bodies and paralympic sports organizations 
        follow the policies and procedures of the Center;
          (5) maintain an office for response and resolution 
        that shall establish mechanisms that allow for the 
        reporting, investigation, and adjudication of alleged 
        sexual abuse in violation of the Center's policies and 
        procedures; and
          (6) ensure that the mechanisms under paragraph (5) 
        provide fair notice and an opportunity to be heard and 
        protect the privacy and safety of complainants.
  (b) Policies and Procedures.--
          (1) In general.--The Center may, in its discretion, 
        utilize a neutral arbitration body and develop policies 
        and procedures to resolve allegations of sexual abuse 
        within its jurisdiction.
          (2) Rule of construction.--Nothing in this section 
        shall be construed as altering, superseding, or 
        otherwise affecting the right of an amateur athlete to 
        pursue criminal or civil justice through the courts.
  (c) Limitation on Liability.--
          (1) In general.--Except as provided in paragraph (2), 
        the Center, and each national governing body and 
        paralympic sports organization, including any officer, 
        employee, or agent thereof, shall not be liable for 
        damages in any civil action for defamation, libel, 
        slander, or damage to reputation arising out of any 
        action or communication, if the action arises from the 
        execution of the responsibilities or functions 
        described in this section, section 220542, or section 
        220543.
          (2) Exception.--Paragraph (1) shall not apply in any 
        action in which the Center, a national governing body, 
        or a paralympic sports organization, or an officer, 
        employee, or agent thereof, acted with actual malice, 
        or provided information or took action not pursuant to 
        this section, section 220542, or section 220543.

Sec. 220542. Additional duties

  (a) In General.--The Center shall--
          (1) develop training, oversight practices, policies, 
        and procedures for implementation by a national 
        governing body or paralympic sports organization to 
        prevent the abuse, including emotional, physical, and 
        sexual abuse, of any amateur athlete; and
          (2) include in the policies and procedures developed 
        under section 220541(a)(3)--
                  (A) a requirement that all adult members of a 
                national governing body, a paralympic sports 
                organization, or a facility under the 
                jurisdiction of a national governing body or 
                paralympic sports organization, and all adults 
                authorized by such members to interact with an 
                amateur athlete, report immediately any 
                allegation of child abuse (as defined in 
                section 212 of the Victims of Child Abuse Act 
                of 1990 (42 U.S.C. 13001a)) of an amateur 
                athlete who is a minor to law enforcement 
                authorities and other appropriate authorities, 
                including 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 
                (as so defined);
                  (B) a mechanism, approved by a trained expert 
                on child abuse, that allows a complainant to 
                report easily an incident of sexual abuse to 
                the Center, a national governing body, law 
                enforcement authorities, or other appropriate 
                authorities;
                  (C) reasonable procedures to limit one-on-one 
                interactions between an amateur athlete who is 
                a minor and an adult (who is not the minor's 
                legal guardian) at a facility under the 
                jurisdiction of a national governing body or 
                paralympic sports organization without being in 
                an observable and interruptible distance from 
                another adult, except under exigent 
                circumstances;
                  (D) procedures to prohibit retaliation, by 
                any national governing body or paralympic 
                sports organization, against any individual who 
                makes a report under subparagraph (A) or 
                subparagraph (B);
                  (E) oversight procedures, including regular 
                and random audits conducted by subject matter 
                experts, unaffiliated with a national governing 
                body or a paralympic sports organization of 
                each national governing body and paralympic 
                sports organization to ensure that policies and 
                procedures developed under that section are 
                followed correctly and that consistent training 
                is offered and given to all adult members and, 
                subject to parental consent, to members who are 
                minors, regarding prevention of sexual abuse; 
                and
                  (F) a mechanism by which a national governing 
                body or paralympic sports organization can--
                          (i) share confidentially a report of 
                        suspected sexual abuse of an amateur 
                        athlete who is a minor by a member of a 
                        national governing body or paralympic 
                        sports organization, or an adult 
                        authorized by a national governing body 
                        or paralympic sports organization to 
                        interact with an amateur athlete who is 
                        a minor, with each of the other 
                        national governing bodies, paralympic 
                        sports organizations, or facilities 
                        under the control of such entities; and
                          (ii) withhold providing to an adult 
                        who is the subject of an allegation of 
                        sexual abuse authority to interact with 
                        an amateur athlete who is a minor until 
                        the resolution of such allegation.
  (b) Rule of Construction.--Nothing in this section shall be 
construed to limit the ability of a national governing body or 
paralympic sports organization to impose an interim measure to 
prevent an individual who is the subject of an allegation of 
sexual abuse from interacting with an amateur athlete.

Sec. 220543. Records, audits, and reports

  (a) Records.--The Center shall keep correct and complete 
records of account.
  (b) Report.--The Center shall submit an annual report to 
Congress, including--
          (1) an audit conducted and submitted in accordance 
        with section 10101; and
          (2) a description of the activities of the Center.

Sec. 220544. Authorization of appropriations

  There are authorized to be appropriated to the Center--
          (1) for fiscal year 2017, $1,000,000;
          (2) for fiscal year 2018, $1,000,000;
          (3) for fiscal year 2019, $1,000,000;
          (4) for fiscal year 2020, $1,000,000; and
          (5) for fiscal year 2021, $1,000,000.

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