[Senate Report 116-245]
[From the U.S. Government Publishing Office]
Calendar No. 503
116th Congress } { Report
SENATE
2d Session } { 116-245
_______________________________________________________________________
EMPOWERING OLYMPIC AND AMATEUR ATHLETES ACT OF 2019
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 2330
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
July 29, 2020.--Ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
99-010 WASHINGTON : 2020
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred sixteenth congress
second session
ROGER F. WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota MARIA CANTWELL, Washington
ROY BLUNT, Missouri AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska TOM UDALL, New Mexico
CORY GARDNER, Colorado GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia TAMMY DUCKWORTH, Illinois
MIKE LEE, Utah JON TESTER, Montana
RON JOHNSON, Wisconsin KYRSTEN SINEMA, Arizona
TODD C. YOUNG, Indiana JACKY ROSEN, Nevada
RICK SCOTT, Florida
John Keast, Staff Director
David Strickland, Minority Staff Director
Calendar No. 503
116th Congress } { Report
SENATE
2d Session } { 116-245
======================================================================
EMPOWERING OLYMPIC AND AMATEUR ATHLETES ACT OF 2019
_______
July 29, 2020.--Ordered to be printed
_______
Mr. Wicker, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 2330]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred 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, 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
S. 2330 would amend the Ted Stevens Olympic and Amateur
Sports Act to provide for increased congressional oversight of
the United States Olympic and Paralympic Committee's (USOPC)
board of directors. The bill would also expand the USOPC's
statutory purpose to conduct more effective oversight of
national governing bodies (NGBs) to ensure a safe environment
in sport for amateur athletes that is free from abuse. In
addition, the bill would increase athlete representation on
governing boards, committees, and panels within NGBs and the
USOPC, require third-party independent audits of the USOPC's
finances, and increase the resources for the U.S. Center for
SafeSport (SafeSport) to more effectively protect athletes from
abuse.
Background and Needs
The issue of sexual abuse within the United States Olympic
movement has generated considerable national interest in recent
years following a series of reports of abuse from high-profile
athletes.\1\ In particular, reports of sexual abuse in the
sport of gymnastics, which led to criminal proceedings against
former USA Gymnastics (USAG) national team doctor and convicted
child molester Larry Nassar, revealed systemic and cultural
failures within the Olympic movement to protect young athletes
and to report allegations of abuse to the proper
authorities.\2\
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\1\Jen Kirby, ``The Sex Abuse Scandal Surrounding USA Gymnastics
Team Doctor Larry Nassar, Explained,'' Vox, May 16, 2018 (https://
www.vox.com/identities/2018/1/19/16897722/sexual-abuse-usa-gymnastics-
larry-nassar-explained) (accessed Jun. 30, 2020).
\2\Id.
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Nassar began working as an athletic trainer for USAG in
1986.\3\ He became the chief medical coordinator for USAG in
1996 after completing medical school at Michigan State
University (MSU), where he became a part of the university's
faculty in 1997.\4\ A year after Nassar's resignation from USAG
in 2015, the Indianapolis Star ran a story chronicling abuse
allegations against Nassar and USAG's failure to forward those
allegations to law enforcement authorities.\5\ Following this
report, dozens of girls and women formally filed allegations of
sexual abuse against Nassar.\6\
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\3\Id.
\4\Id.
\5\Id. See also Tim Evans, Mark Alesia, and Marisa Kwiatkowski,
``Former USA Gymnastics Doctor Accused of Abuse,'' The Indianapolis
Star, Sep. 12, 2016 (https://www.indystar.com/story/news/2016/09/12/
former-usa-gymnastics-doctor-accused-abuse/89995734/) (accessed Jun.
30, 2020).
\6\Id.
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To date, at least 125 women have filed criminal complaints
with the police, and more than 300 people--including victims,
spouses, and parents--have filed civil lawsuits against Nassar
for sexual abuse.\7\ Some of Nassar's victims maintain that
coaches and administrators, including former U.S. Olympic
Committee CEO Scott Blackmun, were aware of the complaints
against him, but never took action.\8\ Although Nassar
initially denied the allegations of abuse, he ultimately pled
guilty in an Ingham County, Indiana State court to seven counts
of criminal sexual assault\9\ and was sentenced to 40 to 175
years in prison.\10\ Later, he was also convicted of three
counts of sexual assault in an Eaton County, Indiana State
court and sentenced to 40 to 125 years in prison for those
counts.\11\ Nassar is currently serving a 60-year Federal
prison sentence for three separate child pornography
convictions.\12\
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\7\Id.
\8\Id.
\9\Id.
\10\Scott Cacciola and Victor Mather, ``Larry Nassar Sentencing: `I
Just Signed Your Death Warrant,''' The New York Times, Jan. 24, 2018
(https://www.nytimes.com/2018/01/24/sports/larry-nassar-
sentencing.html) (accessed Jun. 30, 2020).
\11\Megan Banta, ``Survivor: Larry Nassar `Still Does Not Care
About the Effect He Has on His Victims.','' Lansing State Journal, Jan.
24, 2020 (https://www.lansingstatejournal.com/story/news/local/2020/01/
24/larry-nassar-rosemarie-aquilina-sexual-abuse-sentence-appeal/
1501111001/) (accessed Jul. 15, 2020).
\12\Id.
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The Nassar sexual abuse scandal also implicated MSU for
wrongdoing. MSU employed Nassar as a university physician, but
officially terminated him in September 2016 following media
reports of accusations of sexual abuse against him.\13\ The
media reports alleged that 14 MSU representatives had been told
about sexual misconduct by Nassar, beginning as early as 1997,
but failed to act on the information.\14\ On May 16, 2018, MSU
announced an agreement to pay $500 million to Nassar's
victims.\15\ The announcement stated that MSU would pay $425
million to the 332 girls and women who had come forward to date
and that it would set aside $75 million for future claims.\16\
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\13\Tim Evans, Mark Alesia, and Marisa Kwiatkowski, ``Former USA
Gymnastics Doctor Accused of Abuse,'' The Indianapolis Star, Sep. 12,
2016 (https://www.indystar.com/story/news/2016/09/12/former-usa-
gymnastics-doctor-accused-abuse/89995734/) (accessed Jun. 30, 2020).
\14\Kim Kozlowski, ``What MSU Knew: 14 Were Warned of Nassar
Abuse,'' The Detroit News, Jan. 8, 2018 (https://www.detroitnews.com/
story/tech/2018/01/18/msu-president-told-nassar-complaint-2014/
1042071001) (accessed Jun. 30, 2020).
\15\Michigan State University, ``Larry Nassar Survivors and
Michigan State University Announce They Have Successfully Resolved
Existing Litigation and Agreed in Principle To a $500 Million Global
Settlement,'' May 16, 2018 (https://msutoday.msu.edu/news/2018/larry-
nassar-survivors-and-michigan-state-university-announce-they-have-
successfully-resolved-e/?utm_campaign=media&utm_medium=email) (accessed
Jun. 30, 2020).
\16\Id.
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In response to Nassar's conviction and sexual abuse
allegations within the Olympic movement, the USOPC initiated a
series of actions to enhance athlete safety. The organization
started with a change in leadership. In February 2018, the
USOPC announced the resignation of Scott Blackmun as CEO and
the installation of Susanne Lyons as Acting CEO of the
organization.\17\ The USOPC also announced additional reforms
and new initiatives designed to more effectively protect
athletes from abuse, including: (1) a new advisory group to
improve USOPC safeguards; (2) a review of the USOPC and NGBs'
governance structure; and (3) doubling USOPC's funding of
SafeSport--an organization established by Congress in 2017 to
address the problem of child abuse in sport.\18\ In addition to
these reforms, a special committee of the USOPC board of
directors hired a large law firm, Ropes and Gray, to conduct an
independent investigation to determine when individuals
affiliated with USAG and the USOPC first became aware of any
evidence of Nassar's abuse of athletes; what the evidence was;
and what those individuals did with it.\19\ Ropes and Gray
released a final report 10 months later, finding that numerous
adults, including executives, ignored credible reports of
Nassar's abuse. The report also concluded there were numerous
systemic features embedded in elite women's gymnastics that
rendered athletes particularly vulnerable to child sexual
abuse, among other things.\20\
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\17\U.S. Olympic Committee, ``U.S. Olympic Committee Announces
Significant Changes to Further Protect Athletes,'' Feb. 28, 2018
(https://www.teamusa.org/News/2018/February/28/US-Olympic-Committee-
Announces-Significant-Changes-To-Further-Protect-Athletes) (accessed
Jun. 30, 2020).
\18\Id.
\19\U.S. Olympic Committee, ``U.S. Olympic Committee Responds to
Independent Investigation Report,'' Team USA, Dec. 10, 2018 (https://
www.teamusa.org/News/2018/December/10/US-Olympic-Committee-Responds-To-
Independent-Investigation-Report) (accessed Jun. 30, 2020).
\20\Joan McPhee and James P. Dowden, Report of the Independent
Investigation: The Constellation of Factors Underlying Larry Nassar's
Abuse of Athletes, Ropes and Gray, Dec. 10, 2018 (https://
www.nassarinvestigation.com/en) (accessed Jun. 30, 2020).
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On July 12, 2018, the USOPC announced Sarah Hirschland
would serve as the organization's permanent CEO.\21\ Hirschland
took over for Lyons on August 20, 2018 and within 11 days,
called for a change in leadership at USAG.\22\ In consequence,
days later, then-USAG President, Kerry Perry, resigned.\23\
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\21\U.S. Olympic Committee, ``U.S. Olympic Committee Names Sarah
Hirshland Chief Executive Officer,'' Team USA, Jul. 12, 2018 (https://
www.teamusa.org/Media/News/USOC/071218-USOC-names-Sarah-Hirshland-
chief-executive-officer) (accessed Jun. 30, 2020).
\22\Christine Brennan, ``USOC Chief Says It's Time to Consider USA
Gymnastics CEO Change as Controversy Continues,'' USA Today, Aug. 31,
2018 (https://www.usatoday.com/story/sports/olympics/2018/08/31/usoc-
leader-sarah-hirshland-calls-ouster-usa-gymnastics-ceo-kerry-perry/
1164309002/) (accessed Jun. 30, 2020).
\23\Juliet Macur and Ken Belson, ``Kerry Perry, U.S.A. Gymnastics
Chief is Forced Out,'' The New York Times, Sep. 4, 2018 (https://
www.nytimes.com/2018/09/04/sports/usa-gymnastics-kerry-perry.html)
(accessed Jun. 30, 2020).
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On March 1, 2018, leaders of the USOPC Athletes' Advisory
Council proposed additional reforms largely designed to
transfer more power to athletes with respect to USOPC
governance. This included revisiting the Ted Stevens Act\24\ to
expand the role of the Athlete Ombudsman, restructure the USOPC
board of directors, and create a new Board of Visitors.\25\
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\24\Ted Stevens Olympic and Amateur Sports Act; 36 U.S.C. 220501 et
seq. (2016).
\25\Memorandum from the U.S. Olympic Committee, Athlete's Advisory
Council Leadership, Mar. 1, 2018 (on file with committee staff).
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However, while the USOPC implemented reforms to its
governance structure and took steps to strengthen athlete
protections, USAG faced additional challenges. On May 18, 2018,
USAG announced the termination of Women's Program Director
Rhonda Faehn, who was the subject of allegations that she was
the first USAG official to be made aware of sexual abuse
allegations against Nassar.\26\ Specifically, Olympic gold
medalist Aly Raisman alleged that she and others reported
concerns about Nassar to Faehn in 2015, but that Faehn was slow
to act on this information.\27\
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\26\USA Gymnastics, ``Statement on Behalf of Kerry Perry Regarding
Rhonda Faehn,'' May 18, 2018 (https://usagym.org/pages/
post.html?PostID=21973&prog=h) (accessed Jun. 30, 2020); see also Rob
Goldberg, ``Michigan Fires Gymnastics Coach Rhonda Faehn Amid
Connection to Larry Nassar'' Bleacher Report, Jan. 13, 2019 (https://
bleacherreport.com/articles/2815542-michigan-fires-gymnastics-coach-
rhonda-faehn-amid-connection-to-larry-nassar) (accessed Jun. 30, 2020).
\27\Tim Evans and Marisa Kwiatkowski, ``USA Gymnastics Parts Ways
With Key Official Who Knew About Nassar Abuse,'' The Indianapolis Star,
May 18, 2018 (https://www.indystar.com/story/news/2018/05/18/usa-
gymnastics-official-first-told-nassar-abuse-asked-resign/622417002/)
(accessed Jun. 30, 2020).
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In November 2018, the USOPC moved to decertify USAG and
strip its power as an NGB for failing to adequately protect
gymnasts from abuse.\28\ By decertifying USAG, the USOPC would
take control of the organization on the grounds that it had
proven incapable of running itself properly. However, the USOPC
put the decertification process on hold after USAG filed for
Chapter 11 bankruptcy in December 2018.\29\
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\28\Juliet Macur, ``Olympic Committee Moves to Revoke U.S.A.
Gymnastics' Governing Rights,'' The New York Times, Nov. 5, 2018
(https://www.nytimes.com/2018/11/05/sports/usa-gymnastics-usoc.html)
(accessed Jun. 30, 2020); see also U.S. Olympic Committee, ``USOC
Statement Regarding Action to Revoke USA Gymnastics' Recognition as
Member National Governing Body,'' Nov. 5, 2018 (https://
www.teamusa.org/News/2018/November/05/USOC-Statement-
Revoke-USA-Gymnastics-Recognition-As-Member-National-Governing-Body)
(accessed Jun. 30, 2020).
\29\Nancy Armour, ``USA Gymnastics Making Progress on Reform, But
Status Remains Uncertain With Tokyo Looming,'' USA Today, Oct, 14, 2019
(https://www.usatoday.com/story/sports/2019/10/14/usa-gymnastics-
progress-hurdles-remain/3969312002/) (accessed Jun. 30, 2020).
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In January 2020, USAG filed a plan with the U.S. Bankruptcy
Court for the Southern District of Indiana to emerge from
bankruptcy.\30\ This plan included a proposed $217 million in
settlement funds for victims of Nassar.\31\ Survivors of the
abuse were given until May 8, 2020, to approve or reject the
settlement.\32\
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\30\ESPN, ``USA Gymnastics' Proposal to Sexual Assault Survivors
Ranges from $83K to $1.25M,'' Feb. 22, 2020 (https://www.espn.com/
olympics/story/_/id/28757570/usa-gymnastics-proposal-sexual-assault-
survivors-ranges-83k-125m) (accessed Jun. 30, 2020).
\31\Id.
\32\Id.
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Allegations of sexual abuse in the Olympic movement extend
beyond the Nassar scandal. For example, in February 2017,
reports detailed serious allegations of sexual abuse within the
sport of taekwondo, which resulted in the criminal conviction
of a USA Taekwondo coach.\33\ Additional misconduct has
reportedly occurred under other sports' NGBs,\34\ including
speed skating, swimming, and cycling.\35\
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\33\Will Hobson and Steven Rich, ``An Athlete Accused Her Coach of
Sex Abuse, Olympic Officials Stayed on the Sideline,'' The Washington
Post, Feb. 14, 2017 (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)
(accessed Jun. 30, 2020).
\34\NGBs are responsible for administering each sport at the
national level and for athlete development in preparing for
competition.
\35\Alleging sexual abuse within USA Gymnastics, see Will Hobson
and Steven Rich, ``USA Gymnastics Says It Alerted FBI to Doctor Accused
of Sex Abuse in 2015,'' The Washington Post, Feb. 17, 2017 (https://
www.washingtonpost.com/sports/2017/02/16/a03f968c-f489-11e6-a9b0-
ecee7ce475fc_story.html) (accessed Jun. 30, 2020); alleging failure to
report sexual abuse within USA Gymnastics, see Marisa Kwiatkowski, et
al., ``A Blind Eye to Sex Abuse: How USA Gymnastics Failed to Report
Cases,'' The Indianapolis Star, Aug. 4, 2016 (https://www.indystar.com/
story/news/investigations/2016/08/04/usa-gymnastics-sex-abuse-
protected-coaches/85829732/) (accessed Jun. 30, 2020); reporting claims
of physical and emotional abuse in U.S. Speedskating and stating that
``[s]exual abuse allegations have rocked swimming and other sports,''
see Kelly Whiteside, ``USOC Group Looks at Enforcement in Misconduct
Cases,'' USA Today, Jul. 29, 2013 (https://www.usatoday.com/story/
sports/olympics/2013/07/29/usoc-safe-sport-enforcement-group/2598191/)
(accessed Jun. 30, 2020); and alleging sexual abuse within USA Cycling,
see Caitlin Giddings, ``USA Cycling Opens Investigation Into Missy
Erickson's Allegations of Sexual Abuse,'' Bicycling.com, Feb. 17, 2017
(https://www.bicycling.com/racing/a20024129/usa-cycling-opens-
investigation-into-missy-ericksons-
allegations-of-sexual-abuse/) (accessed Jun. 30, 2020).
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In the midst of the Nassar scandal and other revelations of
sexual abuse within the Olympic movement, Congress passed
legislation to strengthen athlete protections. On February 14,
2018, President Trump signed the Protecting Young Victims from
Sexual Abuse and Safe Sport Authorization Act into law.\36\
That legislation, sponsored by Senators Feinstein and Thune,
and co-sponsored by 29 Senators, was amended on the floor to
include Senate Commerce Committee-passed legislation
authorizing SafeSport to investigate and enforce against abuse
in amateur sports and to clarify the USOPC's role in protecting
athletes, including NGB oversight in this regard. (SafeSport
was initially launched in March 2017 as a 501(c)(3) corporation
tasked with investigating abuse allegations raised within all
48 NGBs.)
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\36\Protecting Young Victims from Sexual Abuse and Safe Sport
Authorization Act; Pub. L. 115-126 (2018) (codified as amended in
scattered sections of 18 U.S.C. and 36 U.S.C.).
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This law requires adults to report suspected abuse of
amateur athletes to local law enforcement, and imposes
penalties for a failure to do so. It also bolsters the civil
remedy provisions of the Child Abuse Victims' Rights Act of
1986\37\ to allow minor victims to sue their perpetrators. In
addition, the law requires SafeSport to develop training,
oversight practices, policies, and procedures for NGBs and
Paralympic sports organizations (PSOs) to prevent abuse of
amateur athletes. These policies and procedures include: (1)
mandatory reporting by adult members to SafeSport and law
enforcement; (2) a mechanism to allow a complainant to easily
report an incident of child abuse to appropriate authorities;
(3) reasonable procedures to limit one-on-one interactions
between minors and adults without being in an observable and
interruptible distance from another adult; (4) procedures to
prohibit retaliatory action by NGBs or PSOs against any
individual who reports abuse; (5) oversight procedures,
including regular and random audits, to make sure policies and
procedures are followed correctly; and (6) the ability to share
information about suspected child abuse confidentially with
NGBs, PSOs, and other organizations, such as local gyms.
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\37\Child Abuse Victims' Rights Act of 1986, Pub. L. 99-500; 100
Stat. 1783 (codified at 18 U.S.C. 2251).
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The law ensures that all policies applicable to NGBs also
apply to organizations sanctioned by NGBs or the USOPC to host
international athletic competitions. The law also requires that
all amateur sports organizations, regardless of whether they
are recognized as an NGB, must do the following:
Comply with mandatory reporting laws;
Establish reasonable procedures to limit one-on-one
interactions between adults and minors;
Offer and provide consistent training regarding
child abuse prevention and reporting of child abuse,
including reporting by complainants to appropriate
authorities; and
Prohibit retaliation against those who report child
abuse, including sexual abuse, to law enforcement.
Summary of Provisions
S. 2330, as amended, would do the following:
Impose greater legal liability on both the USOPC and
NGBs for misconduct, including sexual abuse by coaches
and employees;
Establish expedited legislative mechanisms by which
Congress may dissolve the USOPC's board of directors
and decertify NGBs;
Increase athlete representation on the USOPC board
and athlete participation in the governance structures
of NGBs;
Require the USOPC to conduct greater oversight over
NGBs;
Require the USOPC to establish clear procedures and
reporting requirements to protect athletes from abuse;
Strengthen the Office of the Ombudsman's authority
and independence to aid abused athletes;
Increase funding for SafeSport.
Create a Commission on the State of U.S. Olympics
and Paralympics that must conduct a study on matters
related to the Olympic movement; and
Require the U.S. Center for SafeSport to publish and
maintain a public website that contains a comprehensive
list of individuals barred from the USOPC or NGBs.
Legislative History
S. 2330, the Empowering Olympic and Amateur Athletes Act of
2019, was introduced on July 30, 2019, by Senator Moran (for
himself and Senator Blumenthal) and was referred to the
Committee on Commerce, Science, and Transportation of the
Senate. Senators Ernst, Shaheen, Cortez Masto, Capito, Harris,
Kennedy, McSally, Sinema, Collins, Rosen, Murkowski, Gardner,
Peters, and Warren are additional cosponsors. On November 13,
2019, the Committee met in open Executive Session and, by voice
vote, ordered S. 2330 reported favorably with an amendment (in
the nature of a substitute).
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:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Estimated federal cost: S. 2330 would amend federal law
governing the United States Olympic and Paralympic Committee
(USOPC). CBO estimates that implementing S. 2330 would have no
effect on federal spending.
Mandates: S. 2330 would impose private-sector mandates as
defined in the Unfunded Mandates Reform Act (UMRA) on USOPC,
the National Governing Bodies of sport (NGBs), and the U.S.
Center for SafeSport. CBO estimates that the cost to comply
with those mandates would not exceed the threshold established
in UMRA ($168 million in 2020, adjusted annually for
inflation).
The bill would require USOPC, the NGBs, and the Center for
SafeSport to develop and adopt policies that would require
mandatory reporting of abuse, limit assistance to employees
accused of misconduct, prohibit payment of bonuses to employees
under ethics review, and prohibit retaliation against employees
or affiliates who make protected disclosures of abuse or
harassment.
The bill also would:
Increase the representation of current and
former athletes on USOPC's Board of Directors and
committees and on NGBs' boards;
Require USOPC to provide $20 million
annually to the Center for SafeSport in place of a
smaller amount that USOPC currently voluntarily
provides to the center;
Require USOPC survey athletes annually;
Expand the duties of the USOPC ombudsman;
Require the Center for SafeSport to
establish an office of compliance to ensure that NGBs
follow the policies regarding mandatory reporting of
abuse; and
Require USOPC to conduct a more thorough
process to certify NGBs, with an emphasis on policies
to protect athletes, report abuse, and increase athlete
representation on governing boards.
The bill also would grant the Congress the authority to
dissolve the USOPC Board of Directors or to terminate the
recognition of an NGB via a joint resolution. Either action, if
taken by the Congress, would impose a mandate on the affected
entity. For USOPC, that action would impose administrative
costs to replace its leadership. For an NGB, the effect would
be broader. Under current law, a recognized NGB represents the
United States in its appropriate international sports
federation, coordinates amateur athletic activity, selects
competitors for international competitions, and conducts
athletic competitions, including national championships. The
loss of recognition would deprive an existing NGB of those
functions. However, those mandates and associated costs would
be attributed to the joint resolution that requires those
actions.
Based on the generally administrative nature of the duties
imposed by the bill and the actions already taken by the
mandated entities to meet some of the bill's requirements, CBO
estimates that the cost of the mandates would probably total
tens of millions of dollars annually.
S. 2330 would not impose intergovernmental mandates as
defined in UMRA.
The CBO staff contacts for this estimate are Matthew
Pickford (for federal costs) and Andrew Laughlin (for
mandates). The estimate was reviewed by H. Samuel Papenfuss,
Deputy Director of 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. 2330 would amend the statutory purposes of the USOPC to
exercise effective oversight of NGBs with respect to the
establishment of a safe environment in sport that is free from
abuse--including emotional, physical, and sexual abuse--of any
amateur athlete. The bill would increase congressional
oversight and statutory obligations on entities already subject
to the Ted Stevens Olympic and Amateur Sports Act, and,
therefore, the number of persons covered should be consistent
with current levels.
economic impact
S. 2330 would not have an adverse economic impact on the
Nation. Preventing abuse will create an environment where
amateur athletes can achieve greater heights of performance, to
the benefit of the economic activity that is generated by
athletic competitions.
privacy
S. 2330 would not have any adverse impact on the personal
privacy of individuals. Instead, it would increase privacy and
confidentiality protections for athletes, and other persons
reporting allegations of abuse.
paperwork
S. 2330 would not increase paperwork requirements for
private individuals or businesses. S. 2330 would direct the
USOPC to submit annual reports to Congress regarding lawsuits
and grievances filed against the organization among other
information.
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 ``Empowering Olympic and Amateur Athletes Act of 2019''.
Section 2. Findings
This section would list the summarized findings of Congress
resulting from its investigations into abuse allegations within
the Olympic movement. This would include a finding by Congress
that the courageous voice of survivors is a call to action to
end emotional, physical, and sexual abuse in the Olympic and
Paralympic movement; that former national team doctor for USAG,
Larry Nassar, sexually abused over 300 athletes for over 2
decades because of ineffective oversight by USAG and USOPC;
that the Nassar case is only one example of sexual abuse in
amateur sports; that survivors of abuse in the Olympic and
Paralympic movement deserve justice and redress for the wrongs
they have suffered; that, after a comprehensive congressional
investigation, USOPC and USAG fundamentally failed to uphold
their statutory duties to protect athletes from abuse; that
USAG and USOPC knowingly concealed abuse by Nassar, leading to
the abuse of dozens of additional amateur athletes; and that
ending abuse in the Olympic and Paralympic movement requires
enhanced oversight to ensure athletes are protected.
Section 3. United States Olympic and Paralympic Committee
This section would amend chapter 2205 of title 36, United
States Code, in relevant sections to update the organization's
name from ``United States Olympic Committee'' to ``United
States Olympic and Paralympic Committee.''
Section 4. Congressional oversight of United States Olympic and
Paralympic Committee and national governing bodies
This section would establish a process by which, via joint
resolution, Congress could either dissolve the board of the
USOPC or terminate recognition of an NGB. This process would
include provisions establishing expedited consideration for
such joint resolutions in both the House and the Senate. This
section would provide that amendments to such resolutions would
not be in order in either the House or the Senate.
Section 5. Modifications to United States Olympic and Paralympic
Committee
This section would amend the purposes of the USOPC to
include the exercise of effective oversight of NGBs with
respect to the establishment of a safe environment in sports
that is free from abuse, including emotional, physical, and
sexual abuse, of any amateur athlete. This section would also
bolster the representation of amateur athletes on the USOPC
board of directors by requiring that one-third of the members
of the board be composed of, and elected by, amateur athletes,
and that the chair of the Athletes' Advisory Council be given
voting power on the board of directors and in the committees
and entities of the organization.
This section would establish that the USOPC owes to amateur
athletes a duty of care to ensure NGBs and PSOs comply with
required oversight practices; to immediately report to law
enforcement any allegation of child abuse of minor amateur
athletes; to ensure NGBs and PSOs have policies and procedures
in place for such reporting; and to ensure NGBs and PSOs
enforce temporary measures and sanctions issued by SafeSport.
This section would also direct the USOPC to develop policies
prohibiting employees, contractors, or agents of the
corporation from assisting a member or former member from
obtaining a new job if the individual knows such member or
former member engaged in sexual misconduct involving a minor in
violation of the law.
This section would provide more detailed hiring,
termination, and vacancy procedures with respect to the USOPC
Office of the Ombudsman. This section would establish that the
duties of the Ombudsman include providing independent advice to
parties reporting misconduct regarding the role,
responsibility, and authority of SafeSport, the relative merits
of engaging legal counsel, and the factual allegations that may
support the ability of SafeSport to pursue a claim of abuse.
This section would also direct the Ombudsman to maintain the
confidentiality of information submitted in any matter
involving the exercise of those duties. This section would
prohibit USOPC employees or members with authority from
retaliating against those who disclose information to the
Ombudsman.
This section would require the USOPC to provide a detailed
public report on its operations annually, rather than every 4
years, and to undergo an annual independent audit. This section
would also set limitations on certain bonus and severance pay,
and establish an annual anonymous survey of amateur athletes to
determine their satisfaction with the USOPC and the NGBs.
Section 6. Modifications to national governing bodies
This section would amend the eligibility requirements with
respect to NGB governing boards to bolster the presence of
amateur athletes. This section would also direct NGBs to
develop policies prohibiting employees, contractors, or agents
of the organization from assisting a member or former member
from obtaining a new job if the individual knows such member or
former member engaged in sexual misconduct involving a minor in
violation of the law. This section would establish that the
duties of NGBs include the promotion of a safe environment in
sports that is free from abuse of any amateur athlete, and to
promote such an environment by using information related to
measures or sanctions imposed by SafeSport, to immediately
report to law enforcement abuse of a minor amateur athlete, and
to put in place procedures to support such reporting.
Section 7. Modifications to United States Center for SafeSport
This section would direct SafeSport to publish and maintain
a publicly available website containing a comprehensive list of
individuals who are barred from the USOPC or an NGB. This
section would also direct SafeSport to develop training manuals
for specific audiences, including coaches, trainers, doctors,
young children, adolescents, adults, as well as mentally
disabled individuals, and to update such materials not less
frequently than every 3 years. This section would also put in
place measures to avoid conflicts of interest, and prohibit
interference in SafeSport investigations by the USOPC or an
NGB.
This section would require the USOPC to make an annual
payment to SafeSport of $20 million to cover its operating
costs. Such payment may include contributions from NGBs. This
section would also establish requirements for SafeSport
employees to report allegations of child abuse to law
enforcement. This section would create additional reporting
requirements for SafeSport regarding its annual strategic plan
and finances. This section would also prohibit SafeSport from
retaliating against any protected individual for any protected
disclosure, and establish remedies for violations. Finally,
this section would empower the Government Accountability Office
(GAO) to audit SafeSport, require an annual financial audit of
SafeSport by an independent auditor, and require the submission
of an annual report to Congress.
Section 8. Exemption from automatic stay in bankruptcy cases
This section would establish that any action by an amateur
sports organization to replace an NGB or any action by the
USOPC to revoke recognition of an NGB would not operate as a
stay in bankruptcy cases.
Section 9. Enhanced child abuse reporting
This section would amend the Victims of Child Abuse Act of
1990\38\ to add employees or representatives of SafeSport to
the list of covered individuals with reporting obligations.
---------------------------------------------------------------------------
\38\34 U.S.C. 20341(c)(9).
---------------------------------------------------------------------------
Section 10. Commission on the State of U.S. Olympics and Paralympics
This section would establish within the legislative branch
the Commission on the State of U.S. Olympics and Paralympics
(Commission). The Commission would be composed of 16 members,
with four members appointed by each of the Chairpersons and
Ranking Members of the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives. The Commission
members would be required to have experience in matters related
to amateur athletics and advocacy for minors, and no fewer than
eight of such members would be required to be Olympic or
Paralympic athletes.
This section would establish the procedures and duties of
the Commission. This section would direct the Commission to
conduct a study on matters related to the state of the Olympic
and Paralympic movement in the United States, including
proposed reforms, USOPC membership diversity, athlete
participation, the status of licensing arrangements, the
functioning of NGBs, USOPC finances, and other related issues.
This section would direct the Commission to submit to
Congress a report on findings and recommendations based on the
results of the study not later than 270 days after the date of
enactment of this Act. The report would be required to be made
publicly available. This section would establish the powers of
the Commission to obtain information, terminate the Commission
90 days after the report is submitted to Congress, and
authorize appropriations to carry out this section.
Section 11. Protecting abuse victims from retaliation
This section would amend 36 U.S.C. 220501(b) as amended to
add the terms ``covered entity'', ``protected disclosure'',
``protected individual'', and ``retaliation'' to the list of
definitions of the Ted Stevens Act. This section would amend 36
U.S.C. 220509 to prohibit USOPC or NGB personnel from engaging
in retaliation, direct the USOPC to create reporting,
investigation, and resolution procedures for retaliation
complaints, establish remedies, and set procedures for
enforcement actions.
Section 12. Severability
This section would establish that, if any provision of 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.
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):
UNITED STATES CODE
* * * * * * *
TITLE 11--BANKRUPTCY
* * * * * * *
CHAPTER 3--CASE ADMINISTRATION
* * * * * * *
SUBCHAPTER IV--ADMINISTRATIVE POWERS
* * * * * * *
Sec. 362. Automatic stay
(a) * * *
(b) The filing of a petition under section 301, 302, or 303
of this title, or of an application under section 5(a)(3) of
the Securities Investor Protection Act of 1970, does not
operate as a stay--
(1) * * *
* * * * * * *
(27) under subsection (a) of this section, of the
exercise by a master netting agreement participant of
any contractual right (as defined in section 555, 556,
559, or 560) under any security agreement or
arrangement or other credit enhancement forming a part
of or related to any master netting agreement, or of
any contractual right (as defined in section 555, 556,
559, or 560) to offset or net out any termination
value, payment amount, or other transfer obligation
arising under or in connection with 1 or more such
master netting agreements to the extent that such
participant is eligible to exercise such rights under
paragraph (6), (7), or (17) for each individual
contract covered by the master netting agreement in
issue; [and]
(28) under subsection (a), of the exclusion by the
Secretary of Health and Human Services of the debtor
from participation in the medicare program or any other
Federal health care program (as defined in section
1128B(f) of the Social Security Act pursuant to title
XI or XVIII of such Act)[.]; and
(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
recognition of a national governing body, as
defined in that section, under section 220521
of that title.
The provisions of paragraphs (12) and (13) of this
subsection shall apply with respect to any such petition filed
on or before December 31, 1989.
(c) * * *
* * * * * * *
TITLE 36--PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
[Table of chapters]
* * * * * * *
Subtitle II--Patriotic and National Organizations
Part A--General
* * * * * * *
Part B--Organizations
* * * * * * *
[2205. United States Olympic Committee..........................220501]
220501nited States Olympic and Paralympic Committee.............
* * * * * * *
Subtitle II--Patriotic and National Organizations
* * * * * * *
PART B--ORGANIZATIONS
* * * * * * *
CHAPTER 2205--UNITED STATES OLYMPIC AND PARALYMPIC COMMITTEE
[Table of sections]
* * * * * * *
subchapter i--corporation
Sec.
220501. Short title and definitions.
220502. Organization.
220503. Purposes.
220504. Membership.
[220505. Powers.]
220505. Powers and duties.
220506. Exclusive right to name, seals, emblems, and badges.
220507. Restrictions.
220508. Headquarters, principal office, and meetings.
220509. Resolution of disputes.
220510. Service of process.
[220511. Report.]
220511. Reports and audits.
220512. Complete teams.
220513. Annual amateur athlete survey.
subchapter ii--national governing bodies
[220521. Recognition of amateur sports organizations as national
governing bodies.]
220521. Certification of national governing bodies.
220522. Eligibility requirements.
220523. Authority of national governing bodies.
220524. General duties of national governing bodies.
220525. Granting sanctions for amateur athletic competitions.
220526. Restricted amateur athletic competitions.
220527. Complaints against national governing bodies.
220528. Applications to replace an incumbent national governing body.
220529. Arbitration of corporation determinations.
220530. Other amateur sports organizations.
subchapter iii--grant to keep young athletes safe
220531. Grant to protect young athletes from abuse.
[subchapter iii--united states center for safe sport]
subchapter iv--united states center for safesport
[220541. Designation of United States Center for Safe Sport.]
220541. Designation of United States Center for SafeSport.
220542. Additional duties.
220543. Records, audits, and reports.
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.
220553. Joint resolution.
* * * * * * *
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) ``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.
[(4)](5) ``Center'' means the [United States Center
for Safe Sport] United States Center for SafeSport
designated under section 220541.
[(5)](6) ``child abuse'' has the meaning given the
term in section 212 of the Victims of Child Abuse Act
of 1990 (34 U.S.C. 20302).
[(6)](7) ``corporation'' means the [United States
Olympic Committee] United States Olympic and Paralympic
Committee.
(8) ``covered entity'' means--
``(A) an officer or employee of the Center;
(B) a coach, trainer, manager,
administrator, or other employee or official
associated with the corporation or a national
governing body;
(C) the Department of Justice;
(D) a Federal or State law enforcement
authority;
(E) a Federal or State entity responsible
for receiving reports of child abuse;
(F) the Equal Employment Opportunity
Commission or other State or Federal entity
with responsibility over claims of sexual
harassment; or
(G) any other person who the protected
individual reasonably believes has authority to
investigate or act on information relating to
abuse, including--
(i) emotional, physical, or sexual
abuse; and
(ii) sexual harassment.
[(7)][(8)](9) ``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.
[(8)](9)](10) ``national governing body'' means an
amateur sports organization, a high-performance
management organization, or a paralympic sports
organization that is [recognized] certified by the
corporation under section 220521[ of this title].
[(9) ``paralympic sports organization'' means an
amateur sports organization which is recognized by the
corporation under section 220521 of this title.]
(11) ``protected disclosure'' means any lawful act
of a protected individual, or in the case of a
protected individual who is a minor, an individual
acting on behalf of a protected individual--
(A) to provide information to, cause
information to be provided to, or otherwise
assist in an investigation by a covered entity
(or to be perceived as providing information
to, causing information to be provided to, or
otherwise assisting in such an investigation)
relating to abuse, including--
(i) emotional, physical, or sexual
abuse;
(ii) sexual harassment; and
(iii) a violation of anti-abuse
policies, practices, and procedures
established pursuant to paragraph (3)
of section 220541(a) and paragraph (2)
of section 220542(a);
(B) to file, cause to be filed, testify,
participate in, or otherwise assist in a
proceeding filed or about to be filed (or be
perceived as filing, causing to be filed,
testifying, participating in, or otherwise
assisting in such an investigation) relating to
abuse, including--
(i) emotional, physical, or sexual
abuse;
(ii) sexual harassment; and
(iii) a violation of anti-abuse
policies and procedures established
pursuant to paragraph (3) of section
220541(a) and paragraph (2) of section
220542(a);
(C) in communication with Congress; or
(D) in the case of an amateur athlete, in
communication with the Office of the Athlete
Ombudsman.
(12) ``protected individual'' means any--
(A) amateur athlete, coach, medical
professional, or trainer associated with the
corporation or a national governing body; or
(B) any official or employee of the
corporation, a national governing body, or a
contractor or subcontractor of the corporation
or a national governing body.
(13) ``retaliation'' means any adverse or
discriminatory action, or the threat of an adverse or
discriminatory action, carried out against a protected
individual because of any protected disclosure,
including--
(A) discipline;
(B) discrimination regarding pay, terms, or
privileges;
(C) removal from a training facility;
(D) reduced coaching or training;
(E) reduced meals or housing; and
(F) removal from competition.
[(10)](14) ``sanction'' means a certificate of
approval issued by a national governing body.
Sec. 220502. Organization
(a) Federal Charter.--The corporation is a federally
chartered corporation.
(b) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
[(c) References to United States Olympic Association.--Any
reference to the United States Olympic Association is deemed to
refer to the United States Olympic Committee.]
(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.
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 and access to
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;
(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[.]; and
(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).
Sec. 220504. Membership
(a) Eligibility.--Eligibility for membership in the
corporation is as provided in the constitution and bylaws of
the corporation and membership shall be available only to
national governing bodies.
(b) Required Provisions for Representation.--In its
constitution and bylaws, the corporation shall establish and
maintain provisions with respect to its governance and the
conduct of its affairs for reasonable representation of--
[(1) amateur sports organizations recognized as
national governing bodies and paralympic sports
organizations in accordance with section 220521 of this
title, including through provisions which establish and
maintain a National Governing Bodies' Council composed
of representatives of the national governing bodies and
any paralympic sports organizations and selected by
their boards of directors or such other governing
boards to ensure effective communication between the
corporation and such national governing bodies and
paralympic sports organizations;]
(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;
(2) amateur athletes who are actively engaged in
amateur athletic competition or who have represented
the United States in international amateur athletic
competition [within the preceding 10 years], including
through provisions which--
[(A) establish and maintain an Athletes'
Advisory Council composed of, and elected by,
such amateur athletes to ensure communication
between the corporation and such amateur
athletes; and]
(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 \1/3\ of the membership of
the board of directors of the corporation shall
be composed of, and elected by, such amateur
athletes, including not fewer than one amateur
athlete who--
(i) is actively engaged in
representing the United States in
amateur athletic competition; or
(ii) has represented the United
States in international amateur
athletic competition during the
preceding 10-year period; and
[(B)]](D) ensure that the membership and
voting power held by such amateur athletes is
not less than [20 percent] \1/3\ 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;
(3) amateur sports organizations that conduct a
national program or regular national amateur athletic
competition in 2 or more sports that are included on
the program of the Olympic Games, the Paralympic Games,
or the Pan-American Games on a level of proficiency
appropriate for the selection of amateur athletes to
represent the United States in international amateur
athletic competition; and
(4) individuals not affiliated or associated with
any amateur sports organization who, in the
corporation's judgment, represent the interests of the
American public in the activities of the corporation.
(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 two-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.
Sec. 220505. [Powers] Powers and duties
(a) * * *
(b) * * *
(c) Powers Related to Amateur Athletics and the Olympic
Games.--The corporation may--
(1) serve as the coordinating body for amateur
athletic activity in the United States directly related
to international amateur athletic competition;
(2) represent the United States as its national
Olympic committee in relations with the International
Olympic Committee and the Pan-American Sports
Organization and as its national Paralympic committee
in relations with the International Paralympic
Committee;
(3) organize, finance, and control the
representation of the United States in the competitions
and events of the Olympic Games, the Paralympic Games,
and the Pan-American Games, and obtain, directly or by
delegation to the appropriate national governing body,
amateur representation for those games;
[(4) recognize eligible amateur sports
organizations as national governing bodies for any
sport that is included on the program of the Olympic
Games or the Pan-American Games, or as paralympic
sports organizations for any sport that is included on
the program of the Paralympic Games;]
(4) certify national governing bodies for any sport
that is included on the program of the Olympic Games,
the Paralympic Games, or the Pan-American Games;
(5) facilitate, through orderly and effective
administrative procedures, the resolution of conflicts
or disputes that involve any of its members and any
amateur athlete, coach, trainer, manager,
administrator, official, national governing body, or
amateur sports organization and that arise in
connection with their eligibility for and participation
in the Olympic Games, the Paralympic Games, the Pan-
American Games, world championship competition, the
Pan-American world championship competition, or other
protected competition as defined in the constitution
and bylaws of the corporation; and
(6) provide financial assistance to any
organization or association, except a corporation
organized for profit, in furtherance of the purposes of
the corporation.
(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 paragraph (3) of
section 220541(a); 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.
Sec. 220506. Exclusive right to name, seals, emblems, and badges
(a) Exclusive Right of Corporation.--Except as provided in
subsection (d) of this section, the corporation has the
exclusive right to use--
(1) the name ``[United States Olympic Committee]
United States Olympic and Paralympic Committee'';
* * * * * * *
Sec. 220507. Restrictions
(a) Profit and Stock.--The corporation may not engage in
business for profit or issue stock.
(b) Political Activities.--The corporation shall be
nonpolitical and may not promote the candidacy of an individual
seeking public office.
(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.
(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.
Sec. 220508. * * *
Sec. 220509. Resolution of disputes
(a) General.--The corporation shall establish and maintain
provisions in its constitution and bylaws for the swift and
equitable resolution of disputes involving any of its members
and relating to complaints of retaliation or the opportunity of
an amateur athlete, coach, trainer, manager, administrator, or
official to participate in the Olympic Games, the Paralympic
Games, the Pan-American Games, world championship competition,
or other protected competition as defined in the constitution
and bylaws of the corporation. In any lawsuit relating to the
resolution of a dispute involving the opportunity of an amateur
athlete to participate in the Olympic Games, the Paralympic
Games, or the Pan-American Games, a court shall not grant
injunctive relief against the corporation within 21 days before
the beginning of such games if the corporation, after
consultation with the chair of the Athletes' Advisory Council,
has provided a sworn statement in writing executed by an
officer of the corporation to such court that its constitution
and bylaws cannot provide for the resolution of such dispute
prior to the beginning of such games.
(b) [Ombudsman] Office of the Athlete Ombudsman.--
[(1) The corporation shall hire and provide salary,
benefits, and administrative expenses for an ombudsman
for athletes, who shall--]
(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 Ombudsman
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,
[paralympic sports organizations,]
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, world
championship competition or other protected
competition as defined in the constitution and
bylaws of the corporation;
[(B) assist in mediating any such disputes;
and]
(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
[(C)](D) report to the Athletes' Advisory
Council on a regular basis.
[(2)(A) The procedure]
[(2)](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 one
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.
[If there is]
(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.
[(B) The corporation]
(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
Ombudsman shall maintain as confidential any
information communicated or provided to the
Office of the Athlete Ombudsman in any matter
involving the exercise of the official duties
of the Office of the Athlete Ombudsman.
(B) Exception.--The Office of the Athlete
Ombudsman 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
Ombudsman 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 Ombudsman.
(ii) Work product.--Any memorandum,
work product, notes, or case file of
the Office of the Athlete Ombudsman--
(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 Ombudsman;
(iii) a situation, communicated to
the Office of the Athlete Ombudsman, 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 and Amateur
Athletes Act of 2019, the Office of the
Athlete Ombudsman shall develop and
publish in the Federal Register a
confidentiality and privacy policy
consistent with this paragraph.
(ii) Distribution.--The Office of
the Athlete Ombudsman 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 Ombudsman.
(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 Ombudsman from
carrying out any duty or responsibility under this
section.
(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 because of any protected
disclosure.
(2) Reporting, investigation, and arbitration.--The
corporation shall establish mechanisms for the
reporting, investigation, and resolution (through
binding third-party arbitration) of complaints of
alleged retaliation.
(3) Disciplinary action.--If the corporation finds
that an officer or employee of the corporation or a
national governing body (or any contractor,
subcontractor, or agent of the corporation or a
national governing body) has retaliated against a
protected individual, the corporation or national
governing body, as applicable, shall take appropriate
disciplinary action with respect to any such individual
found to have retaliated against the protected
individual.
(4) Remedies.--
(A) In general.--If the corporation finds
that an officer or employee of the corporation
or a national governing body (or any
contractor, subcontractor, or agent of the
corporation or a national governing body) has
retaliated against a protected individual, the
corporation or national governing body, as
applicable, shall promptly--
(i) take affirmative action to
abate the violation;
(ii) reinstate the complainant to
the former position with the same pay
and terms and privileges; and
(iii) pay compensatory damages,
including economic damages (including
backpay with interest) and any special
damages sustained as a result of the
retaliation, including damages for pain
and suffering, reasonable attorney
fees, and costs.
(B) Reimbursement from national governing
body.--In the case of a national governing body
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).
(5) Enforcement action and procedures.--
(A) In general.--If the corporation has not
issued a final decision within 180 days of the
filing of the complaint and there is no showing
that such delay is due to the bad faith of the
complainant, the complainant may bring an
action at law or equity for de novo review in
the appropriate district court of the United
States, which shall have jurisdiction over such
an action without regard to the amount in
controversy.
(B) Jury trial.--A party to an action
brought under paragraph (A) shall be entitled
to trial by jury.
(C) Relief.--The court shall have
jurisdiction to grant all relief under
paragraph (4).
(6) Statute of limitations.--An action under
paragraph (2) shall be commenced not later than 2 years
after the date on which the violation occurs, or after
the date on which the protected individual became aware
of the violation.
(7) Burdens of proof.-- An action under paragraph
(2) or (5) shall be governed as follows:
(A) Required showing by complainant.--The
corporation shall dismiss a complaint filed
under this subsection and shall not conduct an
investigation unless the complainant makes a
prima facie showing that any retaliation was a
contributing factor in the action alleged in
the complaint.
(B) Criteria for determination by the
arbitration.--The arbitration may determine
that a violation of paragraph (1) has occurred
only if the complainant demonstrates that the
retaliation was a contributing factor in the
action alleged in the complaint.
(C) Prohibition.--Relief may not be ordered
under paragraph (4) if the corporation or
national governing body, as applicable,
demonstrates by clear and convincing evidence
that the corporation or national governing body
would have taken the same action in the absence
of that behavior.
(8) Review.--Any person adversely affected or
aggrieved by an order issued under paragraph (4) may
obtain review of the order in the United States Court
of Appeals for the circuit in which the violation, with
respect to which the order was issued, allegedly
occurred or the circuit in which the complainant
resided on the date of such violation. The petition for
review shall be filed not later than 60 days after the
date of the issuance of the arbitration decision of the
corporation. Review shall conform to chapter 7 of title
5, United States Code. The commencement of proceedings
under this paragraph shall not, unless ordered by the
court, operate as a stay of the order.
(9) Rights retained.--Nothing in this subsection
shall be deemed to diminish the rights, privileges, or
remedies of any employee or other individual under any
Federal or State law, or under any collective
bargaining agreement.
(10) Nonenforceability of certain provisions
waiving rights and remedies.--The rights and remedies
provided for in this subsection may not be waived by
any agreement, policy form, or condition of employment
or association with the corporation or a national
governing body.
Sec. 220510. * * *
Sec. 220511. [Report] Reports and audits
[(a) Submission to President and Congress.--The corporation
shall, on or before the first day of June, 2001, and every
fourth year thereafter, transmit simultaneously to the
President and to each House of Congress a detailed report of
its operations for the preceding 4 years, including--
[(1) a complete statement of its receipts and
expenditures;
[(2) a comprehensive description of the activities
and accomplishments of the corporation during such 4-
year period;
[(3) 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; and
[(4) a description of the steps taken to encourage
the participation of women, disabled individuals, and
racial minorities in amateur athletic activities.]
(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) Availability to Public.--The corporation shall make
copies of the report available to interested persons at a
reasonable cost.]
(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 Energy and Commerce 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.
Sec. 220512. Complete teams
In obtaining representation for the United States in each
competition and event of the Olympic Games, Paralympic Games,
and Pan-American Games, the corporation, either directly or by
delegation to the appropriate national governing body [or
paralympic sports organization], may select, but is not
obligated to select (even if not selecting will result in an
incomplete team for an event), athletes who have not met the
eligibility standard of the national governing body and the
corporation when the number of athletes who have met the
eligibility standards of such entities is insufficient to fill
the roster for an event.
Sec. 220513. Annual amateur athlete survey
(a) In General.--Not less frequently than annually, the
corporation shall enter into a contract with an independent
third-party organization 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), the corporation or the national
governing body shall be decertified.
(d) Public Availability.-- The corporation shall make the
results of each such survey available to the public on an
internet website of the corporation.
* * * * * * *
SUBCHAPTER II--NATIONAL GOVERNING BODIES
* * * * * * *
Sec. 220521. [Recognition of amateur sports organizations as national
governing bodies] Certification of national
governing bodies
[(a) General Authority.--For any sport which is included on
the program of the Olympic Games, the Paralympic Games, or the
Pan-American Games, the corporation is authorized to recognize
as a national governing body (in the case of a sport on the
program of the Olympic Games or Pan-American Games) or as a
paralympic sports organization (in the case of a sport on the
program of the Paralympic Games for which a national governing
body has not been designated under section 220522(b)) an
amateur sports organization which files an application and is
eligible for such recognition in accordance with the provisions
of subsection (a) or (b) of section 220522. The corporation may
recognize only one national governing body for each sport for
which an application is made and approved, except as provided
in section 220522(b) with respect to a paralympic sports
organization.]
(a) In General.--With respect to each sport included on the
program of the Olympic Games, the Paralympic Games, or the Pan-
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.
(b) Public Hearing.--Before [recognizing] certifying an
organization as a national governing body, the corporation
shall hold at least 2 public hearings on the application. The
corporation shall publish notice of the time, place, and nature
of the hearings. Publication shall be made in a regular issue
of the corporation's principal publication at least 30 days,
but not more than 60 days, before the date of the hearings. The
corporation shall send written notice, which shall include a
copy of the application, at least 30 days prior to the date of
any such public hearing to all amateur sports organizations
known to the corporation in that sport.
(c) Recommendation to International Sports Federation.--
Within 61 days after [recognizing] certifying an organization
as a national governing body, the corporation shall recommend
and support in any appropriate manner the national governing
body to the appropriate international sports federation as the
representative of the United States for that sport.
[(d) Review of Recognition.--The corporation may review all
matters related to the continued recognition of an organization
as a national governing body and may take action it considers
appropriate, including placing conditions on the continued
recognition.]
(d) Review of Certification.--Not later than 8 years after
the date of the enactment of the Empowering Olympic and Amateur
Athletes Act of 2019, 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.
Sec. 220522. Eligibility requirements
[(a) General.--An amateur sports organization] An amateur
sports organization, a high-performance management
organization, or a paralympic sports organization is eligible
to be [recognized] certified, or to continue to be [recognized]
certified, as a national governing body only if it--
(1) is incorporated under the laws of a State of
the United States or the District of Columbia as a not-
for-profit corporation having as its purpose the
advancement of amateur athletic competition;
(2) has the managerial and financial capability to
plan and execute its obligations, including the ability
to provide and enforce required athlete protection
policies and procedures;
(3) submits--
(A) an application, in the form required by
the corporation, for [recognition]
certification as a national governing body;
(B) a copy of its corporate charter and
bylaws; and
(C) any additional information considered
necessary or appropriate by the corporation;
(4) agrees to submit to binding arbitration in any
controversy involving--
(A) its [recognition] certification as a
national governing body, as provided for in
section 220529 of this title, upon demand of
the corporation; and
(B) the opportunity of any amateur athlete,
coach, trainer, manager, administrator or
official to participate in amateur athletic
competition, upon demand of the corporation or
any aggrieved amateur athlete, coach, trainer,
manager, administrator or official, conducted
in accordance with the Commercial Rules of the
American Arbitration Association, as modified
and provided for in the corporation's
constitution and bylaws, except that if the
Athletes' Advisory Council and National
Governing Bodies' Council do not concur on any
modifications to such Rules, and if the
corporation's executive committee is not able
to facilitate such concurrence, the Commercial
Rules of Arbitration shall apply unless at
least two-thirds of the corporation's board of
directors approves modifications to such Rules;
(5) demonstrates that it is autonomous in the
governance of its sport, except with respect to the
oversight of the organization, in that it--
(A) independently decides and controls all
matters central to governance;
(B) does not delegate decision-making and
control of matters central to governance; and
(C) is free from outside restraint;
(6) demonstrates that it is a member of no more
than one international sports federation that governs a
sport included on the program of the Olympic Games, the
Paralympic Games, or the Pan-American Games;
(7) demonstrates that its membership is open to any
individual who is an amateur athlete, coach, trainer,
manager, administrator, or official active in the sport
for which [recognition] certification is sought, or any
amateur sports organization that conducts programs in
the sport for which [recognition] certification is
sought, or both;
(8) provides an equal opportunity to amateur
athletes, coaches, trainers, managers, administrators,
and officials to participate in amateur athletic
competition, without discrimination on the basis of
race, color, religion, sex, age, or national origin,
and with fair notice and opportunity for a hearing to
any amateur athlete, coach, trainer, manager,
administrator, or official before declaring the
individual ineligible to participate;
(9) is governed by a board of directors or other
governing board whose members are selected without
regard to race, color, religion, national origin, or
sex, except that, in sports where there are separate
male and female programs, it provides for reasonable
representation of both males and females on the board
of directors or other governing board;
(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;
[(10)](11) demonstrates, based on guidelines
approved by the corporation, the Athletes' Advisory
Council, and the National Governing Bodies' Council,
that its board of directors and other such governing
boards have established criteria and election
procedures for and maintain among their voting members
individuals who are actively engaged in amateur
athletic competition in the sport for which
[recognition] certification is sought or who have
represented the United States in international amateur
athletic competition within the preceding 10 years,
that any exceptions to such guidelines by such
organization have been approved by the corporation, and
that the voting power held by such individuals is not
less than 20 percent of the voting power held in its
board of directors and other such governing boards;
[(11)](12) provides for reasonable direct
representation on its board of directors or other
governing board for any amateur sports organization,
high-performance management organization, or paralympic
sports organization that--
(A) conducts a national program or regular
national amateur athletic competition in the
applicable sport on a level of proficiency
appropriate for the selection of amateur
athletes to represent the United States in
international amateur athletic competition; and
(B) ensures that the representation
reflects the nature, scope, quality, and
strength of the programs and competitions of
the [amateur sports] applicable organization in
relation to all other programs and competitions
in the sport in the United States;
[(12)](13) [demonstrates that none of its officers
are also officers of any other amateur sports
organization recognized as a national governing body;]
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 are--
(i) elected by amateur athletes;
and
(ii) actively engaged in 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;
[(13)](14) provides procedures for the prompt and
equitable resolution of grievances of its members;
[(14)](15) does not have eligibility criteria
related to amateur status or to participation in the
Olympic Games, the Paralympic Games, or the Pan-
American Games that are more restrictive than those of
the appropriate international sports federation[; and];
[(15)](16) demonstrates, if the organization is
seeking to be [recognized] certified as a national
governing body, that it is prepared to meet the
obligations imposed on a national governing body under
sections 220524 and 220525 of this title[.];
(17) commits to submitting annual reports to the
corporation that include, for each calendar year--
(A) a description of the manner in which
the organization--
(i) carries out the mission to
promote a safe environment in sports
that is free from abuse of amateur
athletes (including emotional,
physical, and sexual abuse); and
(ii) addresses any sanctions or
temporary measures required by the
Center;
(B) a description of any cause of action or
complaint filed against the organization that
was pending or settled during the preceding
calendar year; and
(C) a detailed statement of--
(i) the income and expenses of the
organization; and
(ii) the amounts expended on
stipends, bonuses, and services for
amateur athletes, organized by the
level and gender of the amateur
athletes[; and];
(18) commits to meeting any minimum standard or
requirement set forth by the corporation[.]; and
(19) provides protection from retaliation to
protected individuals.
[(b) Recognition of Paralympic Sports Organizations.--For
any sport which is included on the program of the Paralympic
Games, the corporation is authorized to designate, where
feasible and when such designation would serve the best
interest of the sport, and with the approval of the affected
national governing body, a national governing body recognized
under subsection (a) to govern such sport. Where such
designation is not feasible or would not serve the best
interest of the sport, the corporation is authorized to
recognize another amateur sports organization as a paralympic
sports organization to govern such sport, except that,
notwithstanding the other requirements of this chapter, any
such paralympic sports organization--
[(1) shall comply only with those requirements,
perform those duties, and have those powers that the
corporation, in its sole discretion, determines are
appropriate to meet the objects and purposes of this
chapter; and
[(2) may, with the approval of the corporation,
govern more than one sport included on the program of
the Paralympic Games.]
Sec. 220523. * * *
Sec. 220524. General duties of national governing bodies
[For the sport]
(a) In General.--For the sport that it governs, a national
governing body shall--
(1) develop interest and participation throughout
the United States and be responsible to the persons and
[amateur sports] organizations it represents;
(2) minimize, through coordination with other
[amateur sports] organizations, conflicts in the
scheduling of all practices and competitions;
(3) keep amateur athletes informed of policy
matters and reasonably reflect the views of the
athletes in its policy decisions;
(4) disseminate and distribute to amateur athletes,
coaches, trainers, managers, administrators, and
officials in a timely manner the applicable rules and
any changes to such rules of the national governing
body, the corporation, the appropriate international
sports federation, the International Olympic Committee,
the International Paralympic Committee, and the Pan-
American Sports Organization;
(5) allow an amateur athlete to compete in any
international amateur athletic competition conducted by
any [amateur sports] organization or person, unless the
national governing body establishes that its denial is
based on evidence that the organization or person
conducting the competition does not meet the
requirements stated in section 220525 of this title;
(6) provide equitable support and encouragement for
participation by women where separate programs for male
and female athletes are conducted on a national basis;
(7) encourage and support amateur athletic sports
programs for individuals with disabilities and the
participation of individuals with disabilities in
amateur athletic activity, including, where feasible,
the expansion of opportunities for meaningful
participation by individuals with disabilities in
programs of athletic competition for able-bodied
individuals;
(8) provide and coordinate technical information on
physical training, equipment design, coaching, and
performance analysis[; and];
(9) encourage and support research, development,
and dissemination of information in the areas of sports
medicine and sports safety[.];
(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 paragraph (3) of section 220541(a); and
(B) the requirement described in paragraph
(2)(A) of section 220542(a).
(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.
* * * * * * *
Sec. 220527. Complaints against national governing bodies
(a) General.--(1) An amateur sports organization or person
that belongs to or is eligible to belong to a national
governing body may seek to compel the national governing body
to comply with sections 220522, 220524, and 220525 of this
title by filing a written complaint with the corporation. A
copy of the complaint shall be served on the national governing
body.
(2) The corporation shall establish procedures for
the filing and disposition of complaints under this
section.
[(b) Exhaustion of Remedies.--(1) An organization or person
may file a complaint under subsection (a) of this section only
after exhausting all available remedies within the national
governing body for correcting deficiencies, unless it can be
shown by clear and convincing evidence that those remedies
would have resulted in unnecessary delay.
[(2) Within 30 days after a complaint is filed, the
corporation shall decide whether the organization or
person has exhausted all available remedies as required
by paragraph (1) of this subsection. If the corporation
determines that the remedies have not been exhausted,
it may direct that the remedies be pursued before the
corporation considers the complaint further.]
[(c)](b) Hearings.--[If the corporation decides that all
available remedies have been exhausted as required by
subsection (b)(1) of this section, it] The corporation shall
hold a hearing, within 90 days after the complaint is filed, to
receive testimony to decide whether the national governing body
is complying with sections 220522, 220524, and 220525 of this
title.
[(d)](c) Disposition of Complaint.--(1) If the corporation
decides, as a result of the hearing, that the national
governing body is complying with sections 220522, 220524, and
220525 of this title, it shall so notify the complainant and
the national governing body.
(2) If the corporation decides, as a result of the
hearing, that the national governing body is not
complying with sections 220522, 220524, and 220525 of
this title, it shall--
(A) place the national governing body on
probation for a specified period of time, not
to exceed 180 days, which the corporation
considers necessary to enable the national
governing body to comply with those sections;
or
(B) revoke the recognition of the national
governing body.
(3) If the corporation places a national governing
body on probation under paragraph (2) of this
subsection, it may extend the probationary period if
the national governing body has proven by clear and
convincing evidence that, through no fault of its own,
it needs additional time to comply with sections
220522, 220524, and 220525 of this title. If, at the
end of the period allowed by the corporation, the
national governing body has not complied with those
sections, the corporation shall revoke the recognition
of the national governing body.
Sec. 220528. Applications to replace an incumbent national governing
body
(a) General.--An amateur sports organization may seek to
replace an incumbent as the national governing body for a
particular sport by filing a written application for
[recognition] certification with the corporation.
(b) Establishment of Procedures.--The corporation shall
establish procedures for the filing and disposition of
applications under this section. If 2 or more organizations
file applications for the same sport, the applications shall be
considered in a single proceeding.
(c) Filing Procedures.--(1) An application under this
section must be filed within one year after the final day of--
(A) any Olympic Games, for a sport in which
competition is held in the Olympic Games or the
Paralympic Games, or in both the Olympic and Pan-
American Games; or
(B) any Pan-American Games, for a sport in which
competition is held in the Pan-American Games but not
in the Olympic Games.
(2) The application shall be filed with the corporation by
certified mail, and a copy of the application shall be served
on the national governing body and with any other organization
that has filed an application. The corporation shall inform the
applicant that its application has been received.
(d) Hearings.--Within 180 days after receipt of an
application filed under this section, the corporation shall
conduct a formal hearing open to the public to determine the
merits of the application. The corporation shall publish notice
of the time and place of the hearing in a regular issue of its
principal publication at least 30 days, but not more than 60
days, before the date of the hearing. The corporation also
shall send written notice, including a copy of the application,
at least 30 days prior to the date of the hearing to all
amateur sports organizations known to the corporation in that
sport. In the hearing, the applicant and the national governing
body shall be given a reasonable opportunity to present
evidence supporting their positions.
(e) Standards for Granting Applications.--In the hearing,
the applicant must establish by a preponderance of the evidence
that--
(1) it meets the criteria for [recognition]
certification as a national governing body under
section 220522 of this title; and
(2)(A) the national governing body does not meet
the criteria of section 220522, 220524, or 220525 of
this title; or
(B) the applicant more adequately meets the
criteria of section 220522 of this title, is capable of
more adequately meeting the criteria of sections 220524
and 220525 of this title, and provides or is capable of
providing a more effective national program of
competition than the national governing body in the
sport for which it seeks [recognition] certification .
(f) Disposition of Applications.--Within 30 days after the
close of the hearing required by this section, the corporation
shall--
(1) uphold the right of the national governing body
to continue as the national governing body for its
sport;
(2) revoke the [recognition] certification of the
national governing body and declare a vacancy in the
national governing body for that sport;
(3) revoke the [recognition] certification of the
national governing body and [recognize] certify the
applicant as the national governing body; or
(4) place the national governing body on probation
for a period not exceeding 180 days, pending the
compliance of the national governing body, if the
national governing body would have retained
[recognition] certification except for a minor
deficiency in one of the requirements of section
220522, 220524, or 220525 of this title and notify such
national governing body of such probation and of the
actions needed to comply with such requirements.
(g) Revocation of [Recognition] Certification After
Probation.--If the national governing body does not comply with
sections 220522, 220524, and 220525 of this title within the
probationary period prescribed under subsection (f)(4) of this
section, the corporation shall revoke the [recognition]
certification of the national governing body and either--
(1) [recognize] certify the applicant as the
national governing body; or
(2) declare a vacancy in the national governing
body for that sport.
Sec. 220529. * * *
Sec. 220530. Other amateur sports organizations
(a) In General.--An applicable amateur sports organization
shall--
(1) comply with the reporting requirements of
section 226 of the Victims of Child Abuse Act of 1990
(34 U.S.C. 20341);
(2) establish reasonable procedures to limit one-
on-one interactions, including communications, 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 the applicable amateur sports
organization without being in an observable and
interruptible distance from another adult, except under
emergency circumstances;
(3) offer and provide consistent training to all
adult members who are in regular contact with amateur
athletes who are minors, and subject to parental
consent, to members who are minors, regarding
prevention and reporting of child abuse to allow a
complainant to report easily an incident of child abuse
to appropriate persons; and
(4) prohibit retaliation, by the applicable amateur
sports organization, against any individual who [makes
a report under paragraph (1).] 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.
(b) Definition of Applicable Amateur Sports Organization.--
In this section, the term ``applicable amateur sports
organization'' means an amateur sports organization--
(1) that is not otherwise subject to the
requirements under subchapter III;
(2) that participates in an interstate or
international amateur athletic competition; and
(3) whose membership includes any adult who is in
regular contact with an amateur athlete who is a minor.
SUBCHAPTER III--GRANT TO KEEP YOUNG ATHLETES SAFE
Sec. 220531. Grant to protect young athletes from abuse
(a) Authority.--The Attorney General may award a grant to
an eligible nonprofit nongovernmental entity in order to
support oversight of the [United States Olympic Committee]
United States Olympic and Paralympic Committee[, each national
governing body, and each paralympic sports organization] and
each national governing body with regard to safeguarding
amateur athletes against abuse, including emotional, physical,
and sexual abuse in sports.
(b) Applications.--To be eligible to receive a grant under
this section, a nonprofit nongovernmental entity shall submit
an application to the Attorney General at such time, in such
manner, and containing such information as the Attorney General
may require, including information that demonstrates that the
entity has--
(1) nationally recognized expertise in preventing
and investigating emotional, physical, and sexual abuse
in the athletic programs of the [United States Olympic
Committee] United States Olympic and Paralympic
Committee[, each national governing body, and each
paralympic sports organization] and each national
governing body; and
(2) the capacity to oversee regular and random
audits to ensure that the policies and procedures used
by the [United States Olympic Committee] United States
Olympic and Paralympic Committee[, each national
governing body, and each paralympic sports
organization] and each national governing body to
prevent and identify the abuse of an amateur athlete
are followed correctly.
(c) Use of Grant Amount.--An entity that receives a grant
under this section may use such funds--
(1) to develop and test new training materials for
emotional, physical, and sexual abuse prevention and
identification education in youth athletic programs;
(2) for staff salaries, travel expenses, equipment,
printing, and other reasonable expenses necessary to
develop, maintain, and disseminate to the [United
States Olympic Committee] United States Olympic and
Paralympic Committee, each national governing body,
[each paralympic sports organization,] and other
amateur sports organizations information about
safeguarding amateur athletes against abuse, including
emotional, physical, and sexual abuse in sports; and
(3) to oversee the administration of the procedures
described in subsection (b)(2).
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to carry out this section $2,500,000 for
each of the fiscal years 2018 through 2022.
(2) Availability of grant funds.--Funds
appropriated under this section shall remain available
until expended.
SUBCHAPTER [III] IV--UNITED STATES CENTER FOR [SAFE SPORT] SAFESPORT
Sec. 220541. Designation of United States Center for [Safe Sport]
SafeSport
(a) In General.--The United States Center for [Safe Sport]
SafeSport 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] and each national governing body
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) 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[; and];
(5) ensure that the mechanisms under paragraph (4)
provide fair notice and an opportunity to be heard and
protect the privacy and safety of complainants[.];
(6) maintain an office for compliance and audit
that shall--
(A) 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
(B) establish mechanisms that allow for the
reporting and investigation of alleged
violations of such policies and procedures; and
(7) publish and maintain a publicly accessible
internet website that contains a comprehensive list of
adults who are barred by the Center.
(b) Policies and Procedures.--The policies and procedures
developed under subsection (a)(3) shall apply as though they
were incorporated in and made a part of section 220524 of this
title.
(c) Binding Arbitration.--
(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 to determine the opportunity of
any amateur athlete, coach, trainer, manager,
administrator, or official, who is the subject of such
an allegation, to participate in amateur athletic
competition.
(2) Preservation of rights.--Nothing in this
section shall be construed as altering, superseding, or
otherwise affecting the right of an individual within
the Center's jurisdiction to pursue civil remedies
through the courts for personal injuries arising from
abuse in violation of the Center's policies and
procedures, nor shall the Center condition the
participation of any such individual in a proceeding
described in paragraph (1) upon an agreement not to
pursue such civil remedies.
(d) Limitation on Liability.--
(1) In general.--Except as provided in paragraph
(2), an applicable entity 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 an applicable entity acted with
actual malice, or provided information or took action
not pursuant to this section, section 220542, or
section 220543.
(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.
[(3)](4) Definition of applicable entity.--In this
subsection, the term ``applicable entity'' means--
(A) the Center;
(B) a national governing body;
[(C) a paralympic sports organization;]
(C) the corporation;
(D) an amateur sports organization or other
person sanctioned by a national governing body
under section 220525;
(E) an amateur sports organization
reporting under section 220530;
(F) any officer, employee, agent, or member
of an entity described in subparagraph (A),
(B), (C), (D), or (E); and
(G) any individual participating in a
proceeding pursuant to this section.
(e) Training Materials.--The office for education and
outreach referred to in subsection (a)(3) 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.
(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) Retaliation.--
(1) Prohibition.--The Center (or any officer,
employee, contractor, subcontractor, or agent of the
Center) may not retaliate against any protected
individual because of any protected disclosure.
(2) Reporting, investigation, and arbitration.--The
Center shall establish mechanisms for the reporting,
investigation, and resolution (through binding third-
party arbitration) of complaints of alleged retaliation
against a protected individual.
(3) Disciplinary action.--If the Center finds that
an officer or employee of the Center (or any
contractor, subcontractor, or agent of the Center) has
retaliated against a protected individual, the Center
shall take appropriate disciplinary action with respect
to any such individual found to have retaliated against
the protected individual.
(4) Remedies.--
(A) In general.--If the Center finds that
an officer or employee of the Center (or any
contractor, subcontractor, or agent of the
Center) has retaliated against a protected
individual, the Center shall promptly--
(i) take affirmative action to
abate the violation;
(ii) reinstate the complainant to
the former position with the same pay
and terms and privileges; and
(iii) pay compensatory damages,
including economic damages (including
backpay with interest) and any special
damages sustained as a result of the
retaliation, including damages for pain
and suffering, reasonable attorney
fees, and costs.
(5) Enforcement action and procedures.--
(A) In general.--If the Center has not
issued a final decision within 180 days of the
filing of the complaint and there is no showing
that such delay is due to the bad faith of the
complainant, the complainant may bring an
action at law or equity for de novo review in
the appropriate district court of the United
States, which shall have jurisdiction over such
an action without regard to the amount in
controversy.
(B) Jury trial.--A party to an action
brought under paragraph (A) shall be entitled
to trial by jury.
(C) Relief.--The court shall have
jurisdiction to grant all relief under
paragraph (4).
(6) Statute of limitations.--An action under
paragraph (2) shall be commenced not later than 2 years
after the date on which the violation occurs, or after
the date on which the protected individual became aware
of the violation.
(7) Burdens of proof.-- An action under paragraph
(2) or (5) shall be governed as follows:
(A) Required showing by complainant.--The
Center shall dismiss a complaint filed under
this subsection and shall not conduct an
investigation unless the complainant makes a
prima facie showing that any retaliation was a
contributing factor in the action alleged in
the complaint.
(B) Criteria for determination by
arbitration.--The arbitration may determine
that a violation of paragraph (1) has occurred
only if the complainant demonstrates that the
retaliation was a contributing factor in the
action alleged in the complaint.
(C) Prohibition.--Relief may not be ordered
under paragraph (4) if the Center demonstrates
by clear and convincing evidence that the
Center would have taken the same action in the
absence of that behavior.
(8) Review.--Any person adversely affected or
aggrieved by an order issued under paragraph (4) may
obtain review of the order in the United States Court
of Appeals for the circuit in which the violation, with
respect to which the order was issued, allegedly
occurred or the circuit in which the complainant
resided on the date of such violation. The petition for
review must be filed not later than 60 days after the
date of the issuance of the arbitration decision of the
Center. Review shall conform to chapter 7 of title 5,
United States Code. The commencement of proceedings
under this subparagraph shall not, unless ordered by
the court, operate as a stay of the order.
(9) Rights retained by employee.--Nothing in this
section shall be deemed to diminish the rights,
privileges, or remedies of any employee under any
Federal or State law, or under any collective
bargaining agreement.
(10) Nonenforceability of certain provisions
waiving rights and remedies.--The rights and remedies
provided for in this section may not be waived by any
agreement, policy form, or condition of employment.
(11) Protected individual.--For purposes of this
subsection, a protected individual includes any
official or employee of the Center and any contractor
or subcontractor of the Center.
(j) 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 and Amateur Athletes
Act of 2019, 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.
(k) 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.
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 of an amateur athlete
who is a minor to--
[(i) 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;
and]
[(ii) law enforcement consistent
with section 226 of the Victims of
Child Abuse Act of 1990 (34 U.S.C.
20341);]
(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;
(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);
[(B)](E) a mechanism, approved by a trained
expert on child abuse, that allows a
complainant to report easily an incident of
child abuse to the Center, a national governing
body, law enforcement authorities, or other
appropriate authorities;
[(C)](F) reasonable procedures to limit
one-on-one interactions, including
communications, 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 emergency
circumstances;
[(D)](G) procedures to prohibit
retaliation[,] by the corporation or any
national governing body [or paralympic sports
organization,] against any individual who
makes-- [a report under subparagraph (A) or
subparagraph (B);]
(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;
[(E)](H) oversight procedures, including
regular and random audits conducted by subject
matter experts unaffiliated with, and
independent of, 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 who
are in regular contact with amateur athletes
who are minors, and subject to parental
consent, to members who are minors, regarding
prevention of child abuse[; and];
[(F)](I) a mechanism by which a national
governing body or paralympic sports
organization can--
(i) share confidentially a report
of suspected child 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, paralympic sports organization,
or an amateur sports organization to
interact with an amateur athlete who is
a minor, with the Center, which in
turn, may share with relevant national
governing bodies, paralympic sports
organizations, and other entities; and
(ii) withhold providing to an adult
who is the subject of an allegation of
child abuse authority to interact with
an amateur athlete who is a minor until
the resolution of such allegation[.];
(J) a prohibition on the use in a decision
of the Center under section 220541(a)(4) 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.
(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 prior to
the Center exercising its jurisdiction over a matter.
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.]
(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.
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 with all reasonable
expediency and in a manner that
safeguards the voting power of the
representatives of amateur athletes at
all times; 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.
Sec. 220553. Joint resolution
(a) Referral and Reporting.--
(1) House of representatives.--
(A) In general.--In the House of
Representatives, a joint resolution shall be
referred to the Committee on Energy and
Commerce.
(B) Discharge.--The Committee on Energy and
Commerce shall be discharged from further
consideration of a joint resolution and the
joint resolution shall be referred to the
appropriate calendar on the date on which not
less than three-fifths of the Members of the
House of Representatives, duly chosen and
sworn, are listed as cosponsors of the joint
resolution.
(C) Limitation on consideration.--Except as
provided in subsection (e)(1), it shall not be
in order for the House of Representatives to
consider a joint resolution unless--
(i) the joint resolution is
reported by the Committee on Energy and
Commerce; or
(ii) the Committee on Energy and
Commerce is discharged from further
consideration of the joint resolution
under subparagraph (B).
(2) Senate.--
(A) In general.--In the Senate, a joint
resolution shall be referred to the Committee
on Commerce, Science, and Transportation.
(B) Discharge.--The Committee on Commerce,
Science, and Transportation shall be discharged
from further consideration of the joint
resolution and the joint resolution shall be
referred to the appropriate calendar on the
date on which not less than three-fifths of the
Members of the Senate, duly chosen and sworn,
are listed as cosponsors of the joint
resolution.
(C) Limitation on consideration.--Except as
provided in subsection (e)(1), it shall not be
in order for the Senate to consider a joint
resolution unless--
(i) the joint resolution is
reported by the Committee on Commerce,
Science, and Transportation; or
(ii) the Committee on Commerce,
Science, and Transportation is
discharged from further consideration
of the joint resolution under
subparagraph (B).
(b) Expedited Consideration in House of Representatives.--
(1) Proceeding to consideration.--After the
Committee on Energy and Commerce reports a joint
resolution to the House of Representatives or has been
discharged from its consideration in accordance with
subsection (a)(1)(B), it shall be in order to move to
proceed to consider the joint resolution in the House
of Representatives. All points of order against the
motion are waived. Such a motion shall not be in order
after the House of Representatives has disposed of a
motion to proceed on a joint resolution. The previous
question shall be considered as ordered on the motion
to its adoption without intervening motion. The motion
is highly privileged in the House of Representatives
and is not debatable. A motion to reconsider the vote
by which the motion is disposed of shall not be in
order.
(2) Consideration.--A joint resolution shall be
considered as read. All points of order against the
joint resolution and against its consideration are
waived. The previous question shall be considered as
ordered on the joint resolution to its final passage
without intervening motion except 2 hours of debate
equally divided and controlled by the proponent and an
opponent. A motion to reconsider the vote on passage of
the joint resolution shall not be in order.
(c) Expedited Procedure in Senate.--
(1) Motion to proceed.--Notwithstanding rule XXII
of the Standing Rules of the Senate, after the
Committee on Commerce, Science, and Transportation
reports a joint resolution to the Senate or has been
discharged from its consideration in accordance with
subsection (a)(2)(B), it shall be in order for any
Member of the Senate to move to proceed to the
consideration of the joint resolution. A motion to
proceed is in order even though a previous motion to
the same effect has been disagreed to. The motion to
proceed is not debatable. The motion is not subject to
a motion to postpone. A motion to reconsider the vote
by which the motion is agreed to or disagreed to shall
not be in order. If a motion to proceed to the
consideration of the joint resolution is agreed to, the
joint resolution shall remain the unfinished business
until disposed of.
(2) Consideration.--Consideration of a joint
resolution, and on all debatable motions and appeals in
connection therewith, shall be limited to not more than
10 hours, which shall be divided equally between the
Majority and Minority Leaders or their designees. A
motion further to limit debate is in order and not
debatable. A motion to postpone, a motion to proceed to
the consideration of other business, or a motion to
recommit the joint resolution is not in order. Any
debatable motion is debatable for not to exceed 1 hour,
to be divided equally between those favoring and those
opposing the motion. All time used for consideration of
the joint resolution, including time used for quorum
calls and voting, shall be counted against the total 10
hours of consideration.
(3) Vote on passage.--If the Senate has voted to
proceed to a joint resolution, the vote on passage of
the joint resolution shall occur immediately following
the conclusion of consideration of the joint
resolution, and a single quorum call at the conclusion
of the consideration if requested in accordance with
the rules of the Senate.
(4) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate to the procedure
relating to a joint resolution shall be decided without
debate.
(d) Amendments Not in Order.--A joint resolution shall not
be subject to amendment in either the House of Representatives
or the Senate.
(e) Rules to Coordinate Action With Other House.--
(1) Treatment of joint resolution of other house.--
(A) In general.--If the Senate or House of
Representatives fails to introduce or consider
a joint resolution under this section, the
joint resolution of the other House--
(i) shall be entitled to expedited
floor procedures described under this
section; and
(ii) may be referred in the
receiving chamber or may be held at the
desk.
(B) Potential referral.--If a joint
resolution referred to a committee under
subparagraph (A)(ii) is cosponsored by not less
than three-fifths of the Members of the
originating House, duly chosen and sworn, the
committee shall report the joint resolution not
later than 20 days after the date on which the
joint resolution is referred to the committee.
(2) Vetoes.--If the President vetoes a joint
resolution, debate on a veto message in the Senate
under this section shall be 1 hour equally divided
between the Majority and Minority leaders or their
designees.
(f) Rulemaking Function.--This section is enacted by
Congress--
(1) as an exercise of the rulemaking power of the
Senate and House of Representatives, respectively, and
as such it is deemed a part of the rules of each House,
respectively, but applicable only with respect to the
procedure to be followed in that House in the case of a
joint resolution, and it supersedes other rules only to
the extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner, and to the same extent as in the
case of any other rule of that House.
* * * * * * *
VICTIMS OF CHILD ABUSE ACT OF 1990
* * * * * * *
[34 U.S.C. 20341(c)(9)]
SEC. 226. CHILD ABUSE REPORTING.
(a) * * *
(b) * * *
(c) Definitions.--For the purposes of this section--
(1) * * *
* * * * * * *
(9) the term ``covered individual'' means an [adult
who is authorized] adult who--
(A) is authorized, by a national governing
body, a member of a national governing body, or
an amateur sports organization that
participates in interstate or international
amateur athletic competition, to interact with
a minor or amateur athlete at an amateur sports
organization facility or at any event
sanctioned by a national governing body, a
member of a national governing body, or such an
amateur sports organization; or
(B) is an employee or representative of the
United States Center for SafeSport;
(10) * * *
(11) * * *
(12) * * *
(d) * * *
* * * * * * *
[all]