    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 116-189
    116th Congress

    An Act

    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. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Empowering Olympic, Paralympic, and
    Amateur Athletes Act of 2020''.
    SEC. 2. <>  FINDINGS.

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

    [[Page 944]]

    SEC. 3. DEFINITIONS.

    Section 220501(b) of title 36, United States Code, is amended--
    (1) in paragraph (4), by striking ``United States Center for
    Safe Sport'' and inserting ``United States Center for
    SafeSport'';
    (2) in paragraph (6), by striking ``United States Olympic
    Committee'' and inserting ``United States Olympic and Paralympic
    Committee'';
    (3) by amending paragraph (8) to read as follows:
    ``(8) `national governing body' means an amateur sports
    organization, a high-performance management organization, or a
    paralympic sports organization that is certified by the
    corporation under section 220521.'';
    (4) by striking paragraph (9);
    (5) by redesignating paragraphs (4), (5), (6), (7), (8), and
    (10) as paragraphs (5), (6), (7), (8), (9), and (12),
    respectively;
    (6) by inserting after paragraph (3) the following:
    ``(4) `Athletes' Advisory Council' means the entity
    established and maintained under section 220504(b)(2)(A) that--
    ``(A) is composed of, and elected by, amateur
    athletes to ensure communication between the corporation
    and currently active amateur athletes; and
    ``(B) serves as a source of amateur-athlete opinion
    and advice with respect to policies and proposed
    policies of the corporation.''; and
    (7) by inserting after paragraph (9), as so redesignated,
    the following:
    ``(10) `protected individual' means any amateur athlete,
    coach, trainer, manager, administrator, or official associated
    with the corporation or a national governing body.
    ``(11) `retaliation' means any adverse or discriminatory
    action, or the threat of an adverse or discriminatory action,
    including removal from a training facility, reduced coaching or
    training, reduced meals or housing, and removal from
    competition, carried out against a protected individual as a
    result of any communication, including the filing of a formal
    complaint, by the protected individual or a parent or legal
    guardian of the protected individual relating to the allegation
    of physical abuse, sexual harassment, or emotional abuse, with--
    ``(A) the Center;
    ``(B) a coach, trainer, manager, administrator, or
    official associated with the corporation;
    ``(C) the Attorney General;
    ``(D) a Federal or State law enforcement authority;
    ``(E) the Equal Employment Opportunity Commission;
    or
    ``(F) Congress.''.
    SEC. 4. MODERNIZATION OF THE TED STEVENS OLYMPIC AND AMATEUR
    SPORTS ACT.

    (a) In General.--Chapter 2205 of title 36, <>  United States Code, is amended--
    (1) in the chapter heading, by striking ``UNITED STATES
    OLYMPIC COMMITTEE'' and inserting ``UNITED STATES OLYMPIC AND
    PARALYMPIC COMMITTEE'';
    (2) in section 220502, by amending subsection (c) to read as
    follows:

    [[Page 945]]

    ``(c) References to United States Olympic Association and United
    States Olympic Committee.--Any reference to the United States Olympic
    Association or the United States Olympic Committee is deemed to refer to
    the United States Olympic and Paralympic Committee.'';
    (3) in section 220503--
    (A) in paragraph (3), by striking ``and the Pan-
    American Games'' each place it appears and inserting
    ``the Pan-American Games, and the Parapan American
    Games''; and
    (B) in paragraph (4), by striking ``and Pan-American
    Games'' and inserting ``the Pan-American Games, and the
    Parapan American Games'';
    (4) in section 220504(b)(3), by striking ``or the Pan-
    American Games'' and inserting ``the Pan-American Games, or the
    Parapan American Games'';
    (5) in section 220505(c)--
    (A) in paragraph (3), by striking ``and the Pan-
    American Games'' and inserting ``the Pan-American Games,
    and the Parapan American Games'';
    (B) by amending paragraph (4) to read as follows:
    ``(4) certify national governing bodies for any sport that
    is included on the program of the Olympic Games, the Paralympic
    Games, the Pan-American Games, or the Parapan American Games;'';
    and
    (C) in paragraph (5), by inserting ``the Parapan
    American Games,'' after ``the Pan-American Games,'';
    (6) in section 220506--
    (A) in subsection (a)--
    (i) in paragraph (1), by striking ``United
    States Olympic Committee'' and inserting ``United
    States Olympic and Paralympic Committee'';
    (ii) in paragraph (2), by striking ``3
    TaiGeuks'' and inserting ``3 Agitos''; and
    (iii) in paragraph (4), by inserting ``
    `Parapan American','' after `` `Pan-American','';
    (B) in subsection (b), by inserting ``the Parapan
    American team,'' after ``the Pan-American team,''; and
    (C) in subsection (c)(3), by striking ``or Pan-
    American Games activity'' and inserting ``Pan-American,
    or Parapan American Games activity'';
    (7) in section 220509(a)--
    (A) in the first sentence, by inserting ``the
    Parapan American Games,'' after ``the Pan-American
    Games,''; and
    (B) in the second sentence, by striking ``or the
    Pan-American Games'' and inserting ``the Pan-American
    Games, or the Parapan American Games'';
    (8) in section 220512, by striking ``and Pan-American
    Games'' and inserting ``Pan-American Games, and Parapan American
    Games'';
    (9) in section 220523(a), by striking ``and the Pan-American
    Games'' each place it appears and inserting ``the Pan-American
    Games, and the Parapan American Games'';
    (10) in section 220528(c)--
    (A) in subparagraph (A), by striking ``or in both
    the Olympic and Pan-American Games'' and inserting ``or
    in each of the Olympic Games, the Paralympic Games, the

    [[Page 946]]

    Pan-American Games, and the Parapan American Games'';
    and
    (B) by amending subparagraph (B) to read as follows:
    ``(B) any Pan-American Games or Parapan American
    Games, for a sport in which competition is held in the
    Pan-American Games or the Parapan American Games, as
    applicable, but not in the Olympic Games or the
    Paralympic Games.''; and
    (11) in section 220531, by striking ``United States Olympic
    Committee'' each place it appears and inserting ``United States
    Olympic and Paralympic Committee''.

    (b) Conforming Amendment.--The table of chapters for part B of
    subtitle II of title 36, United States Code, <>  is amended by striking the item relating to chapter 2205 and
    inserting the following:

    ``2205. United States Olympic and Paralympic
    Committee......................................................220501''.
    SEC. 5. CONGRESSIONAL OVERSIGHT OF UNITED STATES OLYMPIC AND
    PARALYMPIC COMMITTEE AND NATIONAL GOVERNING
    BODIES.

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

    ``SUBCHAPTER V <> --DISSOLUTION OF BOARD OF
    DIRECTORS OF CORPORATION AND TERMINATION OF RECOGNITION OF NATIONAL
    GOVERNING BODIES
    ``Sec.  <> 220551. Definitions

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

    [[Page 947]]

    ``(B)(i) the title is only as follows: `A joint
    resolution relating to terminating the recognition of a
    national governing body'; and
    ``(ii) the matter after the resolving clause is only
    as follows: `That Congress determines that _________,
    which is recognized as a national governing body under
    section 220521 of title 36, United States Code, has
    failed to fulfill its duties, as described in section
    220524 of title 36, United States Code', the blank space
    being filled in with the name of the applicable national
    governing body.
    ``Sec. 220552. <>
    Dissolution of board of directors of
    corporation and termination of recognition
    of national governing bodies

    ``(a) Dissolution of Board of Directors of Corporation.--Effective
    on the date of enactment of a joint resolution described in section
    220551(2)(A) with respect to the board of directors of the corporation,
    such board of directors shall be dissolved.
    ``(b) Termination of Recognition of National Governing Body.--
    Effective on the date of enactment of a joint resolution described in
    section 220551(2)(B) with respect to a national governing body, the
    recognition of the applicable amateur sports organization as a national
    governing body shall cease to have force or effect.''.
    (b) Technical and Conforming Amendments.--The table of sections for
    chapter 2205 of title 36, United States Code, <>  is amended--
    (1) by striking the second item relating to subchapter III
    (relating to the United States Center for SafeSport), as added
    by section 202 of the Protecting Young Victims from Sexual Abuse
    and Safe Sport Authorization Act of 2017 (Public Law 115-126;
    132 Stat. 320) and inserting the following:

    ``subchapter iv--united states center for safesport''; and

    (2) by adding at the end the following:

    ``subchapter v--dissolution of board of directors of corporation and
    termination of recognition of national governing bodies

    ``220551. Definitions.
    ``220552. Dissolution of board of directors of corporation and
    termination of recognition of national governing bodies.''.

    (c) <>  Effective Date.--The amendments
    made by this section shall take effect on the date that is 1 year after
    the date of the enactment of this Act.
    SEC. 6. MODIFICATIONS TO UNITED STATES OLYMPIC AND PARALYMPIC
    COMMITTEE.

    (a) Purposes of the Corporation.--Section 220503 of title 36, United
    States Code, is amended--
    (1) in paragraph (9), by inserting ``and access to'' after
    ``development of'';
    (2) in paragraph (14), by striking ``; and'' and inserting a
    semicolon;
    (3) in paragraph (15), by striking the period at the end and
    inserting ``; and''; and
    (4) by adding at the end the following:

    [[Page 948]]

    ``(16) to effectively oversee the national governing bodies
    with respect to compliance with and implementation of the
    policies and procedures of the corporation, including policies
    and procedures on the establishment of a safe environment in
    sports as described in paragraph (15).''.

    (b) Membership and Representation.--Section 220504 of title 36,
    United States Code, is amended--
    (1) in subsection (a), by inserting ``, and membership shall
    be available only to national governing bodies'' before the
    period at the end;
    (2) in subsection (b), by amending paragraph (2) to read as
    follows:
    ``(2) amateur athletes who are actively engaged in amateur
    athletic competition or who have represented the United States
    in international amateur athletic competition, including through
    provisions that--
    ``(A) establish and maintain an Athletes' Advisory
    Council;
    ``(B) ensure that the chair of the Athletes'
    Advisory Council, or the designee of the chair, holds
    voting power on the board of directors of the
    corporation and in the committees and entities of the
    corporation;
    ``(C) require that--
    ``(i) not less than \1/3\ of the membership of
    the board of directors of the corporation shall be
    composed of, and elected by, such amateur
    athletes; and
    ``(ii) not less than 20 percent of the
    membership of the board of directors of the
    corporation shall be composed of amateur athletes
    who--
    ``(I) are actively engaged in
    representing the United States in
    international amateur athletic
    competition; or
    ``(II) have represented the United
    States in international amateur athletic
    competition during the preceding 10-year
    period; and
    ``(D) ensure that the membership and voting power
    held by such amateur athletes is not less than \1/3\ of
    the membership and voting power held in the board of
    directors of the corporation and in the committees and
    entities of the corporation, including any panel
    empowered to resolve grievances;''; and
    (3) by adding at the end the following:

    ``(c) <>  Conflict of Interest.--An athlete who
    represents athletes under subsection (b)(2) shall not be employed by the
    Center, or serve in a capacity that exercises decision-making authority
    on behalf of the Center, during the 2-year period beginning on the date
    on which the athlete ceases such representation.

    ``(d) Certification Requirements.--The bylaws of the corporation
    shall include a description of all generally applicable certification
    requirements for membership in the corporation.''.
    (c) Duties.--
    (1) In general.--Section 220505 of title 36, United States
    Code, is amended--
    (A) in the section heading, by striking ``Powers''
    and inserting ``Powers and duties''; and
    (B) by adding at the end the following:

    ``(d) Duties.--

    [[Page 949]]

    ``(1) In general.--The duty of the corporation to amateur
    athletes includes the adoption, effective implementation, and
    enforcement of policies and procedures designed--
    ``(A) to immediately report to law enforcement and
    the Center any allegation of child abuse of an amateur
    athlete who is a minor;
    ``(B) to ensure that each national governing body
    has in place policies and procedures to report
    immediately any allegation of child abuse of an amateur
    athlete, consistent with--
    ``(i) the policies and procedures developed
    under subparagraph (C) of section 220541(a)(1);
    and
    ``(ii) the requirement described in paragraph
    (2)(A) of section 220542(a); and
    ``(C) to ensure that each national governing body
    and the corporation enforces temporary measures and
    sanctions issued pursuant to the authority of the
    Center.
    ``(2) Rule of construction.--Nothing in this subsection
    shall be construed to preempt or otherwise abrogate the duty of
    care of the corporation under State law or the common law.''.
    (2) Conforming amendment.--The table of sections for chapter
    2205 of title 36, United States Code, <>  is amended by striking the item relating to section
    220505 and inserting the following:

    ``220505. Powers and duties.''.

    (d) Restrictions.--
    (1) Policy with respect to assisting members or former
    members in obtaining jobs.--Section 220507 of title 36, United
    States Code, is amended by adding at the end the following:

    ``(c) Policy With Respect to Assisting Members or Former Members in
    Obtaining Jobs.--The corporation shall develop 1 or more policies that
    prohibit any individual who is an employee, contractor, or agent of the
    corporation from assisting a member or former member in obtaining a new
    job (except the routine transmission of administrative and personnel
    files) if the individual knows that such member or former member
    violated the policies or procedures of the Center related to sexual
    misconduct or was convicted of a crime involving sexual misconduct with
    a minor in violation of applicable law.''.
    (2) Policy with respect to terms and conditions of
    employment.--
    (A) In general.--Section 220507 of title 36, United
    States Code, as amended by paragraph (1), is further
    amended by adding at the end the following:

    ``(d) Policy Regarding Terms and Conditions of Employment.--The
    corporation shall establish a policy--
    ``(1) not to disperse bonus or severance pay to any
    individual named as a subject of an ethics investigation by the
    ethics committee of the corporation, until such individual is
    cleared of wrongdoing by such investigation; and
    ``(2) that provides that--
    ``(A) <>  if the ethics
    committee determines that an individual has violated the
    policies of the corporation--

    [[Page 950]]

    ``(i) the individual is no longer entitled to
    bonus or severance pay previously withheld; and
    ``(ii) the compensation committee of the
    corporation may reduce or cancel the withheld
    bonus or severance pay; and
    ``(B) <>  in the case of an
    individual who is the subject of a criminal
    investigation, the ethics committee shall investigate
    the individual.''.
    (B) <>  Applicability.--
    The amendment made by subparagraph (A) shall not apply
    to any term of employment for the disbursement of bonus
    or severance pay that is in effect as of the day before
    the date of the enactment of this Act.

    (e) Resolution of Disputes and Protecting Abuse Victims From
    Retaliation.--Section 220509 of title 36, United States Code, is
    amended--
    (1) in subsection (a), in the first sentence, by inserting
    ``complaints of retaliation or'' after ``relating to'';
    (2) by amending subsection (b) to read as follows:

    ``(b) Office of the Athlete Ombuds.--
    ``(1) In general.--The corporation shall hire and provide
    salary, benefits, and administrative expenses for an ombudsman
    and support staff for athletes.
    ``(2) Duties.--The Office of the Athlete Ombuds shall--
    ``(A) provide independent advice to athletes at no
    cost about the applicable provisions of this chapter and
    the constitution and bylaws of the corporation, national
    governing bodies, international sports federations, the
    International Olympic Committee, the International
    Paralympic Committee, and the Pan-American Sports
    Organization, and with respect to the resolution of any
    dispute involving the opportunity of an amateur athlete
    to participate in the Olympic Games, the Paralympic
    Games, the Pan-American Games, the Parapan American
    Games, world championship competition or other protected
    competition as defined in the constitution and bylaws of
    the corporation;
    ``(B) assist in the resolution of athlete concerns;
    ``(C) provide independent advice to athletes with
    respect to--
    ``(i) the role, responsibility, authority, and
    jurisdiction of the Center; and
    ``(ii) the relative value of engaging legal
    counsel; and
    ``(D) report to the Athletes' Advisory Council on a
    regular basis.
    ``(3) Hiring procedures; vacancy; termination.--
    ``(A) Hiring procedures.--The procedure for hiring
    the ombudsman for athletes shall be as follows:
    ``(i) The Athletes' Advisory Council shall
    provide the corporation's executive director with
    the name of 1 qualified person to serve as
    ombudsman for athletes.
    ``(ii) The corporation's executive director
    shall immediately transmit the name of such person
    to the corporation's executive committee.
    ``(iii) The corporation's executive committee
    shall hire or not hire such person after fully
    considering

    [[Page 951]]

    the advice and counsel of the Athletes' Advisory
    Council.
    ``(B) Vacancy.--If there is a vacancy in the
    position of the ombudsman for athletes, the nomination
    and hiring procedure set forth in this paragraph shall
    be followed in a timely manner.
    ``(C) Termination.--The corporation may terminate
    the employment of an individual serving as ombudsman for
    athletes only if--
    ``(i) the termination is carried out in
    accordance with the applicable policies and
    procedures of the corporation;
    ``(ii) the termination is initially
    recommended to the corporation's executive
    committee by either the corporation's executive
    director or by the Athletes' Advisory Council; and
    ``(iii) the corporation's executive committee
    fully considers the advice and counsel of the
    Athletes' Advisory Council prior to deciding
    whether or not to terminate the employment of such
    individual.
    ``(4) Confidentiality.--
    ``(A) In general.--The Office of the Athlete Ombuds
    shall maintain as confidential any information
    communicated or provided to the Office of the Athlete
    Ombuds in confidence in any matter involving the
    exercise of the official duties of the Office of the
    Athlete Ombuds.
    ``(B) Exception.--The Office of the Athlete Ombuds
    may disclose information described in subparagraph (A)
    as necessary to resolve or mediate a dispute, with the
    permission of the parties involved.
    ``(C) Judicial and administrative proceedings.--
    ``(i) In general.--The ombudsman and the staff
    of the Office of the Athlete Ombuds shall not be
    compelled to testify or produce evidence in any
    judicial or administrative proceeding with respect
    to any matter involving the exercise of the duties
    of the Office of the Athlete Ombuds.
    ``(ii) Work product.--Any memorandum, work
    product, notes, or case file of the Office of the
    Athlete Ombuds--
    ``(I) shall be confidential; and
    ``(II) shall not be--
    ``(aa) subject to discovery,
    subpoena, or any other means of
    legal compulsion; or
    ``(bb) admissible as
    evidence in a judicial or
    administrative proceeding.
    ``(D) Applicability.--The confidentiality
    requirements under this paragraph shall not apply to
    information relating to--
    ``(i) applicable federally mandated reporting
    requirements;
    ``(ii) a felony personally witnessed by a
    member of the Office of the Athlete Ombuds;
    ``(iii) a situation, communicated to the
    Office of the Athlete Ombuds, in which an
    individual is at imminent risk of serious harm; or
    ``(iv) a congressional subpoena.

    [[Page 952]]

    ``(E) Development of policy.--
    ``(i) <>  In general.--Not later
    than 180 days after the date of the enactment of
    the Empowering Olympic, Paralympic, and Amateur
    Athletes Act of 2020, the Office of the Athlete
    Ombuds shall develop and publish in the Federal
    Register a confidentiality and privacy policy
    consistent with this paragraph.
    ``(ii) <>  Distribution.--The
    Office of the Athlete Ombuds shall distribute a
    copy of the policy developed under clause (i) to--
    ``(I) employees of the national
    governing bodies; and
    ``(II) employees of the corporation.
    ``(iii) Publication by national governing
    bodies.--Each national governing body shall--
    ``(I) <>
    publish the policy developed under
    clause (i) on the internet website of
    the national governing body; and
    ``(II) communicate to amateur
    athletes the availability of the policy.
    ``(5) Prohibition on retaliation.--No employee, contractor,
    agent, volunteer, or member of the corporation shall take or
    threaten to take any action against an athlete as a reprisal for
    disclosing information to or seeking assistance from the Office
    of the Athlete Ombuds.
    ``(6) Independence in carrying out duties.--The board of
    directors of the corporation or any other member or employee of
    the corporation shall not prevent or prohibit the Office of the
    Athlete Ombuds from carrying out any duty or responsibility
    under this section.''; and
    (3) by adding at the end the following:

    ``(c) Retaliation.--
    ``(1) In general.--The corporation, the national governing
    bodies, or any officer, employee, contractor, subcontractor, or
    agent of the corporation or a national governing body may not
    retaliate against any protected individual as a result of any
    communication, including the filing of a formal complaint, by a
    protected individual or a parent or legal guardian of the
    protected individual relating to an allegation of physical
    abuse, sexual harassment, or emotional abuse.
    ``(2) Disciplinary action.--If the corporation finds that an
    employee of the corporation or a national governing body has
    retaliated against a protected individual, the corporation or
    national governing body, as applicable, shall immediately
    terminate the employment of, or suspend without pay, such
    employee.
    ``(3) Damages.--
    ``(A) In general.--With respect to a protected
    individual the corporation finds to have been subject to
    retaliation, the corporation may award damages,
    including damages for pain and suffering and reasonable
    attorney fees.
    ``(B) Reimbursement from national governing body.--
    In the case of a national governing body found to have
    retaliated against a protected individual, the
    corporation may demand reimbursement from the national
    governing body for damages paid by the corporation under
    subparagraph (A).''.

    [[Page 953]]

    (f) Reports and Audits.--
    (1) In general.--Section 220511 of title 36, United States
    Code, is amended to read as follows:
    ``Sec. 220511. Reports and audits

    ``(a) Report.--
    ``(1) Submission to president and congress.--Not less
    frequently than annually, the corporation shall submit
    simultaneously to the President and to each House of Congress a
    detailed report on the operations of the corporation for the
    preceding calendar year.
    ``(2) Matters to be included.--Each report required by
    paragraph (1) shall include the following:
    ``(A) A comprehensive description of the activities
    and accomplishments of the corporation during such
    calendar year.
    ``(B) <>  Data concerning the
    participation of women, disabled individuals, and racial
    and ethnic minorities in the amateur athletic activities
    and administration of the corporation and national
    governing bodies.
    ``(C) A description of the steps taken to encourage
    the participation of women, disabled individuals, and
    racial minorities in amateur athletic activities.
    ``(D) A description of any lawsuit or grievance
    filed against the corporation, including any dispute
    initiated under this chapter.
    ``(E) The agenda and minutes of any meeting of the
    board of directors of the corporation that occurred
    during such calendar year.
    ``(F) A report by the compliance committee of the
    corporation that, with respect to such calendar year--
    ``(i) identifies--
    ``(I) the areas in which the
    corporation has met compliance
    standards; and
    ``(II) the areas in which the
    corporation has not met compliance
    standards; and

    ``(ii) <>
    assesses the compliance of each member of the
    corporation and provides a plan for improvement,
    as necessary.
    ``(G) A detailed description of any complaint of
    retaliation made during such calendar year, including
    the entity involved, the number of allegations of
    retaliation, and the outcome of such allegations.
    ``(3) <>  Public availability.--The
    corporation shall make each report under this subsection
    available to the public on an easily accessible internet website
    of the corporation.

    ``(b) Audit.--
    ``(1) <>  In general.--Not less frequently
    than annually, the financial statements of the corporation for
    the preceding fiscal year shall be audited in accordance with
    generally accepted auditing standards by--
    ``(A) an independent certified public accountant; or
    ``(B) an independent licensed public accountant who
    is certified or licensed by the regulatory authority of
    a State or a political subdivision of a State.

    [[Page 954]]

    ``(2) Location.--An audit under paragraph (1) shall be
    conducted at the location at which the financial statements of
    the corporation normally are kept.
    ``(3) Access.--An individual conducting an audit under
    paragraph (1) shall be given full access to--
    ``(A) all records and property owned or used by the
    corporation, as necessary to facilitate the audit; and
    ``(B) any facility under audit for the purpose of
    verifying transactions, including any balance or
    security held by a depository, fiscal agent, or
    custodian.
    ``(4) Report.--
    ``(A) In general.--Not later than 180 days after the
    end of the fiscal year for which an audit is carried
    out, the auditor shall submit a report on the audit to
    the Committee on Commerce, Science, and Transportation
    of the Senate, the Committee on the Judiciary of the
    House of Representatives, and the chair of the Athletes'
    Advisory Council.
    ``(B) Matters to be included.--Each report under
    subparagraph (A) shall include the following for the
    applicable fiscal year:
    ``(i) Any statement necessary to present
    fairly the assets, liabilities, and surplus or
    deficit of the corporation.
    ``(ii) <>  An analysis of the
    changes in the amounts of such assets,
    liabilities, and surplus or deficit.
    ``(iii) A detailed statement of the income and
    expenses of the corporation, including the results
    of any trading, manufacturing, publishing, or
    other commercial endeavor.
    ``(iv) A detailed statement of the amounts
    spent on stipends and services for athletes.
    ``(v) A detailed statement of the amounts
    spent on compensation and services for executives
    and administration officials of the corporation,
    including the 20 employees of the corporation who
    receive the highest amounts of compensation.
    ``(vi) A detailed statement of the amounts
    allocated to the national governing bodies.
    ``(vii) Such comments and information as the
    auditor considers necessary to inform Congress of
    the financial operations and condition of the
    corporation.
    ``(viii) <>
    Recommendations relating to the financial
    operations and condition of the corporation.
    ``(ix) A description of any financial conflict
    of interest (including a description of any
    recusal or other mitigating action taken),
    evaluated in a manner consistent with the policies
    of the corporation, of--
    ``(I) a member of the board of
    directors of the corporation; or
    ``(II) any senior management
    personnel of the corporation.
    ``(C) Public availability.--
    ``(i) <>  In general.--The
    corporation shall make each report under this
    paragraph available to the public on an easily
    accessible internet website of the corporation.

    [[Page 955]]

    ``(ii) Personally identifiable information.--A
    report made available under clause (i) shall not
    include the personally identifiable information of
    any individual.''.
    (2) Conforming amendment.--The table of sections for chapter
    2205 of title 36, United States Code, <>  is amended by striking the item relating to section
    220511 and inserting the following:

    ``220511. Reports and audits.''.

    (g) Annual Amateur Athlete Survey.--
    (1) In general.--Subchapter I of chapter 2205 of title 36,
    United States Code, is amended by adding at the end the
    following:
    ``Sec. 220513. <>  Annual amateur athlete
    survey

    ``(a) In General.--Not less frequently than annually, the
    corporation shall cause an independent third-party organization, under
    contract, to conduct an anonymous survey of amateur athletes who are
    actively engaged in amateur athletic competition with respect to--
    ``(1) their satisfaction with the corporation and the
    applicable national governing body; and
    ``(2) the behaviors, attitudes, and feelings within the
    corporation and the applicable national governing body relating
    to sexual harassment and abuse.

    ``(b) Consultation.--A contract under subsection (a) shall require
    the independent third-party organization to develop the survey in
    consultation with the Center.
    ``(c) <>  Prohibition on Interference.--If the
    corporation or a national governing body makes any effort to undermine
    the independence of, introduce bias into, or otherwise influence a
    survey under subsection (a), such activity shall be reported immediately
    to Congress.

    ``(d) <>  Public Availability.-- The corporation
    shall make the results of each such survey available to the public on an
    internet website of the corporation.''.
    (2) Conforming amendment.--The table of sections for chapter
    2205 of title 36, United States Code, <>  is amended by inserting after the item relating to
    220512 the following:

    ``220513. Annual amateur athlete survey.''.
    SEC. 7. MODIFICATIONS TO NATIONAL GOVERNING BODIES.

    (a) Certification of National Governing Bodies.--
    (1) In general.--Section 220521 of title 36, United States
    Code, is amended--
    (A) in the section heading, by striking
    ``Recognition of amateur sports organizations as
    national governing bodies'' and inserting
    ``Certification of national governing bodies'';
    (B) by amending subsection (a) to read as follows:

    ``(a) In General.--With respect to each sport included on the
    program of the Olympic Games, the Paralympic Games, the Pan-American
    Games, or the Parapan American Games, the corporation--

    [[Page 956]]

    ``(1) may certify as a national governing body an amateur
    sports organization, a high-performance management organization,
    or a paralympic sports organization that files an application
    and is eligible for such certification under section 220522; and
    ``(2) may not certify more than 1 national governing
    body.'';
    (C) in subsection (b), by striking ``recognizing''
    and inserting ``certifying'';
    (D) in subsection (c), by striking ``recognizing''
    and inserting ``certifying''; and
    (E) by amending subsection (d) to read as follows:

    ``(d) <>  Review of Certification.--Not later than
    8 years after the date of the enactment of the Empowering Olympic,
    Paralympic, and Amateur Athletes Act of 2020, and not less frequently
    than once every 4 years thereafter, the corporation--
    ``(1) shall review all matters related to the continued
    certification of an organization as a national governing body;
    ``(2) may take action the corporation considers appropriate,
    including placing conditions on the continued certification of
    an organization as a national governing body;
    ``(3) <>  shall submit to Congress a summary
    report of each review under paragraph (1); and
    ``(4) <>  shall make each such
    summary report available to the public.''.
    (2) Technical and conforming amendments.--
    (A) Chapter 2205 of title 36, United States Code, is
    amended--
    (i) in section 220504(b), by amending
    paragraph (1) to read as follows:
    ``(1) national governing bodies, including through
    provisions that establish and maintain a National Governing
    Bodies' Council that is composed of representatives of the
    national governing bodies who are selected by their boards of
    directors or other governing boards to ensure effective
    communication between the corporation and the national governing
    bodies;'';
    (ii) in section 220512, by striking ``or
    paralympic sports organization'';
    (iii) in section 220522--
    (I) by striking subsection (b); and
    (II) in subsection (a)--
    (aa) by striking
    ``recognized'' each place it
    appears and inserting
    ``certified'';
    (bb) by striking
    ``recognition'' each place it
    appears and inserting
    ``certification'';
    (cc) in paragraph (6), by
    striking ``the Olympic Games or
    the Pan-American Games'' and
    inserting ``the Olympic Games,
    the Paralympic Games, the Pan-
    American Games, or the Parapan
    American Games'';
    (dd) in paragraph (11)--
    (AA) in the matter
    preceding subparagraph (A),
    by inserting ``, high-
    performance management
    organization, or paralympic
    sports organization'' after
    ``amateur sports
    organization''; and

    [[Page 957]]

    (BB) in subparagraph
    (B), by striking ``amateur
    sports'' and inserting
    ``applicable'';
    (ee) in paragraph (14), by
    striking ``or the Pan-American
    Games'' and inserting ``the Pan-
    American Games, or the Parapan
    American Games''; and
    (ff) by striking the
    subsection designation and
    heading and all that follows
    through ``An amateur sports
    organization'' and inserting
    ``An amateur sports
    organization, a high-performance
    management organization, or a
    paralympic sports
    organization'';
    (iv) in section 220524, by striking ``amateur
    sports'' each place it appears;
    (v) in section 220528--
    (I) by striking ``recognition'' each
    place it appears and inserting
    ``certification'';
    (II) by striking ``recognize'' each
    place it appears and inserting
    ``certify''; and
    (III) in subsection (g), in the
    subsection heading, by striking
    ``Recognition'' and inserting
    ``Certification'';
    (vi) in section 220531--
    (I) by striking ``, each national
    governing body, and each paralympic
    sports organization'' each place it
    appears and inserting ``and each
    national governing body''; and
    (II) in subsection (c)(2), by
    striking ``each paralympic sports
    organization,'';
    (vii) in section 220541(d)(3), by striking
    subparagraph (C);
    (viii) in section 220542--
    (I) by striking ``or paralympic
    sports organization'' each place it
    appears; and
    (II) in subsection (a)(2)--
    (aa) in subparagraph (A), in
    the matter preceding clause (i),
    by striking ``, a paralympic
    sports organization,'';
    (bb) in subparagraph (E), by
    striking ``or a paralympic
    sports organization of each
    national governing body and
    paralympic sports
    organization''; and
    (cc) in subparagraph
    (F)(i)--
    (AA) by striking ``, or
    an adult'' and inserting
    ``or an adult'';
    (BB) by striking ``,
    paralympic sports
    organization,''; and
    (CC) by striking ``,
    paralympic sports
    organizations,''.
    (B) The table of sections for chapter 2205 of title
    36, United States Code, <>
    is amended by striking the item relating to section
    220521 and inserting the following:

    ``220521. Certification of national governing bodies.''.

    [[Page 958]]

    (b) Eligibility Requirements With Respect to Governing Boards.--
    Section 220522 of title 36, United States Code, as amended by subsection
    (a)(2), is further amended--
    (1) in paragraph (2), by inserting ``, including the ability
    to provide and enforce required athlete protection policies and
    procedures'' before the semicolon;
    (2) in paragraph (4)(B)--
    (A) by striking ``conducted in accordance with the
    Commercial Rules of the American Arbitration
    Association'' and inserting ``which arbitration under
    this paragraph shall be conducted in accordance with the
    standard commercial arbitration rules of an established
    major national provider of arbitration and mediation
    services based in the United States and designated by
    the corporation with the concurrence of the Athletes'
    Advisory Council and the National Governing Bodies'
    Council''; and
    (B) by striking ``Commercial Rules of Arbitration''
    and inserting ``standard commercial rules of arbitration
    of such designated provider'';
    (3) in paragraph (5), in the matter preceding subparagraph
    (A), by inserting ``except with respect to the oversight of the
    organization,'' after ``sport,'';
    (4) by redesignating paragraphs (10) through (15) as
    paragraphs (11) through (16), respectively;
    (5) by inserting after paragraph (9) the following:
    ``(10) <>  ensures that the selection
    criteria for individuals and teams that represent the United
    States are--
    ``(A) <>  fair,
    as determined by the corporation in consultation with
    the national governing bodies, the Athletes' Advisory
    Council, and the United States Olympians and
    Paralympians Association;
    ``(B) clearly articulated in writing and properly
    communicated to athletes in a timely manner; and
    ``(C) consistently applied, using objective and
    subjective criteria appropriate to the applicable
    sport;'';
    (6) by striking paragraph (13), as so redesignated, and
    inserting the following:
    ``(13) <>  demonstrates, based on
    guidelines approved by the corporation, the Athletes' Advisory
    Council, and the National Governing Bodies' Council, that--
    ``(A) <>  its board of
    directors and other such governing boards have
    established criteria and election procedures for, and
    maintain among their voting members, individuals who--
    ``(i) are elected by amateur athletes; and
    ``(ii) are actively engaged in amateur
    athletic competition, or have represented the
    United States in international amateur athletic
    competition, in the sport for which certification
    is sought;
    ``(B) any exception to such guidelines by such
    organization has been approved by--
    ``(i) the corporation; and
    ``(ii) the Athletes' Advisory Council; and
    ``(C) the voting power held by such individuals is
    not less than \1/3\ of the voting power held by its
    board of directors and other such governing boards;'';

    [[Page 959]]

    (7) in paragraph (15), as so redesignated, by striking ``;
    and'' and inserting a semicolon;
    (8) in paragraph (16), as so redesignated, by striking the
    period at the end and inserting a semicolon; and
    (9) by adding at the end the following:
    ``(17) commits to submitting annual reports to the
    corporation that include, for each calendar year--
    ``(A) a description of the manner in which the
    organization--
    ``(i) carries out the mission to promote a
    safe environment in sports that is free from abuse
    of amateur athletes (including emotional,
    physical, and sexual abuse); and
    ``(ii) addresses any sanctions or temporary
    measures required by the Center;
    ``(B) a description of any cause of action or
    complaint filed against the organization that was
    pending or settled during the preceding calendar year;
    and
    ``(C) a detailed statement of--
    ``(i) the income and expenses of the
    organization; and
    ``(ii) the amounts expended on stipends,
    bonuses, and services for amateur athletes,
    organized by the level and gender of the amateur
    athletes;
    ``(18) commits to meeting any minimum standard or
    requirement set forth by the corporation; and
    ``(19) provides protection from retaliation to protected
    individuals.''.

    (c) General Duties of National Governing Bodies.--Section 220524 of
    title 36, United States Code, is amended--
    (1) in the matter preceding paragraph (1), by striking ``For
    the sport'' and inserting the following:

    ``(a) In General.--For the sport'';
    (2) in subsection (a), as so designated--
    (A) in paragraph (8), by striking ``; and'' and
    inserting a semicolon;
    (B) in paragraph (9), by striking the period at the
    end and inserting a semicolon; and
    (C) by adding at the end the following:
    ``(10) develop 1 or more policies that prohibit any
    individual who is an employee, contractor, or agent of the
    national governing body from assisting a member or former member
    in obtaining a new job (except for the routine transmission of
    administrative and personnel files) if the individual knows that
    such member or former member violated the policies or procedures
    of the Center related to sexual misconduct or was convicted of a
    crime involving sexual misconduct with a minor in violation of
    applicable law or the policies or procedures of the Center;
    ``(11) promote a safe environment in sports that is free
    from abuse of any amateur athlete, including emotional,
    physical, and sexual abuse;
    ``(12) take care to promote a safe environment in sports
    using information relating to any temporary measure or sanction
    issued pursuant to the authority of the Center;
    ``(13) immediately report to law enforcement any allegation
    of child abuse of an amateur athlete who is a minor; and

    [[Page 960]]

    ``(14) have in place policies and procedures to report
    immediately any allegation of child abuse of an amateur athlete,
    consistent with--
    ``(A) the policies and procedures developed under
    subparagraph (C) of section 220541(a)(1); and
    ``(B) the requirement described in paragraph (2)(A)
    of section 220542(a).''; and
    (3) by adding at the end the following:

    ``(b) Rule of Construction.--Nothing in this section shall be
    construed to preempt or otherwise abrogate the duty of care of a
    national governing body under State law or the common law.''.
    (d) Elimination of Exhaustion of Remedies Requirement.--Section
    220527 of title 36, United States Code, is amended--
    (1) by striking subsection (b);
    (2) in subsection (c), by striking ``If the corporation''
    and all that follows through ``subsection (b)(1) of this
    section, it'' and inserting ``The corporation''; and
    (3) by redesignating subsections (c) and (d) as subsections
    (b) and (c), respectively.

    (e) Arbitration of Corporation Determinations.--Section 220529(a) of
    title 36, United States Code, is amended by striking ``any regional
    office of the American Arbitration Association'' and inserting ``the
    arbitration and mediation provider designated by the corporation under
    section 220522(a)(4)''.
    (f) Ensure Limitations on Communications Are Included in Limitations
    on Interactions.--Section 220530(a) of title 36, United States Code, is
    amended--
    (1) in paragraph (2), by inserting ``, including
    communications,'' after ``interactions''; and
    (2) in paragraph (4), by striking ``makes'' and all that
    follows through the period at the end and inserting the
    following: ``makes--
    ``(A) a report under paragraph (1); or
    ``(B) any other report relating to abuse of any
    amateur athlete, including emotional, physical, and
    sexual abuse.''.
    SEC. 8. MODIFICATIONS TO UNITED STATES CENTER FOR SAFESPORT.

    (a) Designation of United States Center for SafeSport.--
    (1) In general.--Section 220541 of title 36, United States
    Code, is amended--
    (A) in the section heading by striking ``safe
    sport'' and inserting ``safesport'';
    (B) by amending subsection (a) to read as follows:

    ``(a) Duties of Center.--
    ``(1) In general.--The United States Center for SafeSport
    shall--
    ``(A) serve as the independent national safe sport
    organization and be recognized worldwide as the
    independent national safe sport organization for the
    United States;
    ``(B) exercise jurisdiction over the corporation and
    each national governing body with regard to safeguarding
    amateur athletes against abuse, including emotional,
    physical, and sexual abuse, in sports;
    ``(C) maintain an office for education and outreach
    that shall develop training, oversight practices,
    policies, and procedures to prevent the abuse, including
    emotional,

    [[Page 961]]

    physical, and sexual abuse, of amateur athletes
    participating in amateur athletic activities through
    national governing bodies;
    ``(D) maintain an office for response and resolution
    that shall establish mechanisms that allow for the
    reporting, investigation, and resolution, pursuant to
    subsection (c), of alleged sexual abuse in violation of
    the Center's policies and procedures;
    ``(E) ensure that the mechanisms under subparagraph
    (D) provide fair notice and an opportunity to be heard
    and protect the privacy and safety of complainants;
    ``(F) maintain an office for compliance and audit
    that shall--
    ``(i) ensure that the national governing
    bodies and the corporation implement and follow
    the policies and procedures developed by the
    Center to prevent and promptly report instances of
    abuse of amateur athletes, including emotional,
    physical, and sexual abuse; and
    ``(ii) establish mechanisms that allow for the
    reporting and investigation of alleged violations
    of such policies and procedures;
    ``(G) <>
    publish and maintain a publicly accessible internet
    website that contains a comprehensive list of adults who
    are barred by the Center; and
    ``(H) ensure that any action taken by the Center
    against an individual under the jurisdiction of the
    Center, including an investigation, the imposition of
    sanctions, and any other disciplinary action, is carried
    out in a manner that provides procedural due process to
    the individual, including, at a minimum--
    ``(i) <>  the provision of
    written notice of the allegations against the
    individual;
    ``(ii) a right to be represented by counsel or
    other advisor;
    ``(iii) an opportunity to be heard during the
    investigation;
    ``(iv) in a case in which a violation is
    found, a reasoned written decision by the Center;
    and
    ``(v) the ability to challenge, in a hearing
    or through arbitration, interim measures or
    sanctions imposed by the Center.
    ``(2) Rules of construction.--Nothing in this subsection
    shall be construed--
    ``(A) to preclude the Center from imposing interim
    measures or sanctions on an individual before an
    opportunity for a hearing or arbitration;
    ``(B) to require the Center to meet a burden of
    proof higher than the preponderance of the evidence;
    ``(C) to give rise to a claim under State law or to
    create a private right of action; or
    ``(D) to render the Center a state actor.'';
    (C) in subsection (b), by striking ``subsection
    (a)(3)'' and inserting ``subsection (a)(1)(C)'';
    (D) in subsection (d), as amended by section
    7(a)(2)--
    (i) in paragraph (3), by inserting after
    subparagraph (B) the following:
    ``(C) the corporation;'';

    [[Page 962]]

    (ii) by redesignating paragraph (3) as
    paragraph (4); and
    (iii) by inserting after paragraph (2) the
    following:
    ``(3) Removal to federal court.--
    ``(A) In general.--Any civil action brought in a
    State court against the Center relating to the
    responsibilities of the Center under this section,
    section 220542, or section 220543, shall be removed, on
    request by the Center, to the district court of the
    United States in the district in which the action was
    brought, and such district court shall have original
    jurisdiction over the action without regard to the
    amount in controversy or the citizenship of the parties
    involved.
    ``(B) Rule of construction.--Nothing in this chapter
    shall be construed to create a private right of
    action.''; and
    (E) by adding at the end the following:

    ``(e) Training Materials.--The office for education and outreach
    referred to in subsection (a)(1)(C) shall--
    ``(1) develop training materials for specific audiences,
    including coaches, trainers, doctors, young children,
    adolescents, adults, and individuals with disabilities; and
    ``(2) <>  not less frequently
    than every 3 years, update such training materials.

    ``(f) Independence.--
    ``(1) Prohibition with respect to former employees and board
    members.--A former <> employee or board
    member of the corporation or a national governing body shall not
    work or volunteer at the Center during the 2-year period
    beginning on the date on which the former employee or board
    member ceases employment with the corporation or national
    governing body.
    ``(2) Athletes serving on board of directors of national
    governing body.--
    ``(A) In general.--An athlete serving on the board
    of directors of a national governing body who is not
    otherwise employed by the national governing body, may
    volunteer at, or serve in an advisory capacity to, the
    Center.
    ``(B) <>  Ineligibility for
    employment.--An athlete who has served on the board of
    directors of a national governing body shall not be
    eligible for employment at the Center during the 2-year
    period beginning on the date on which the athlete ceases
    to serve on such board of directors.
    ``(3) Conflicts of interest.--An executive or attorney for
    the Center shall be considered to have an inappropriate conflict
    of interest if the executive or attorney also represents the
    corporation or a national governing body.
    ``(4) Investigations.--
    ``(A) In general.--The corporation and the national
    governing bodies shall not interfere in, or attempt to
    influence the outcome of, an investigation.
    ``(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

    [[Page 963]]

    Commerce and the Committee on the Judiciary 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 2021.--
    On January 4, 2021, the corporation shall make a
    mandatory payment of $20,000,000 to the Center for
    operating costs of the Center for fiscal year 2021.
    ``(B) <>  Subsequent fiscal
    years.--For fiscal year 2022 and each fiscal year
    thereafter, the corporation shall make a mandatory
    payment of $20,000,000 to the Center not later than the
    close of business on the first regular business day in
    January.
    ``(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

    [[Page 964]]

    ``(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

    [[Page 965]]

    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 and the Committee on the
    Judiciary of the House of Representatives a report
    describing the noncompliance.
    ``(3) Annual report.--
    ``(A) In general.--Not less frequently than
    annually, the Center shall submit to Congress a report
    on the findings of the audit under paragraph (1) for the
    preceding year and the status of any corrective measures
    imposed as a result of the audit.
    ``(B) Public availability.--
    ``(i) In general.--Each report under
    subparagraph (A) shall be made available to the
    public.
    ``(ii) Personally identifiable information.--A
    report made available to the public shall not
    include the personally identifiable information of
    any individual.

    ``(i) Reports to Corporation.--Not later than 30 days after the end
    of each calendar quarter that begins after the date of the enactment of
    the Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020,
    the Center shall submit to the corporation a statement of the following:
    ``(1) The number and nature of misconduct complaints
    referred to the Center, by sport.
    ``(2) The number and type of pending misconduct complaints
    under investigation by the Center.
    ``(3) The number of misconduct complaints for which an
    investigation was terminated or otherwise closed by the Center.
    ``(4) The number of such misconduct complaints reported to
    law enforcement agencies by the Center for further
    investigation.
    ``(5) The number of discretionary cases accepted or declined
    by the Center, by sport.
    ``(6) The average time required for resolution of such cases
    and misconduct complaints.
    ``(7) Information relating to the educational activities and
    trainings conducted by the office of education and outreach of
    the Center during the preceding quarter, including the number of
    educational activities and trainings developed and provided.

    ``(j) Certifications of Independence.--
    ``(1) <>  In general.--
    Not later than 180 days after the end of a fiscal year, the
    Comptroller General of the United States shall make available to
    the public a certification relating to the Center's independence
    from the corporation.
    ``(2) Elements.--A certification required by paragraph (1)
    shall include the following:
    ``(A) A finding of whether a violation of a
    prohibition on employment of former employees or board
    members of the corporation under subsection (f) has
    occurred during the year preceding the certification.
    ``(B) A finding of whether an executive or attorney
    for the Center has had an inappropriate conflict of
    interest during that year.

    [[Page 966]]

    ``(C) A finding of whether the corporation has
    interfered in, or attempted to influence the outcome of,
    an investigation by the Center.
    ``(D) <>  Any
    recommendations of the Comptroller General for resolving
    any potential risks to the Center's independence from
    the corporation.
    ``(3) Authority of comptroller general.--
    ``(A) In general.--The Comptroller General may take
    such reasonable steps as, in the view of the Comptroller
    General, are necessary to be fully informed about the
    operations of the corporation and the Center.
    ``(B) Specific authorities.--The Comptroller General
    shall have--
    ``(i) access to, and the right to make copies
    of, any and all nonprivileged books, records,
    accounts, correspondence, files, or other
    documents or electronic records, including emails,
    of officers, agents, and employees of the Center
    or the corporation; and
    ``(ii) the right to interview any officer,
    employee, agent, or consultant of the Center or
    the corporation.
    ``(C) Treatment of privileged information.--If,
    under this subsection, the Comptroller General seeks
    access to information contained within privileged
    documents or materials in the possession of the Center
    or the corporation, the Center or the corporation, as
    the case may be, shall, to the maximum extent
    practicable, provide the Comptroller General with the
    information without compromising the applicable
    privilege.''.
    (2) Technical and conforming amendments.--
    (A) Subchapter IV of chapter 2205 of title 36,
    United States Code, as redesignated by section
    5(a)(1), <>  is amended in
    the subchapter heading by striking ``SAFE SPORT'' and
    inserting ``SAFESPORT''.
    (B) The table of sections for chapter 2205 of title
    36, United States Code, <>
    is amended by striking the item relating to section
    220541 and inserting the following:

    ``220541. Designation of United States Center for SafeSport.''.

    (b) Additional Duties of Center.--Section 220542 of title 36, United
    States Code, is amended--
    (1) in the section heading, by striking the period at the
    end; and
    (2) in subsection (a)--
    (A) in paragraph (1), by striking ``; and'' and
    inserting a semicolon; and
    (B) in paragraph (2)--
    (i) in subparagraph (A), by striking clauses
    (i) and (ii) and inserting the following:
    ``(i) law enforcement consistent with section
    226 of the Victims of Child Abuse Act of 1990 (34
    U.S.C. 20341); and
    ``(ii) the Center, whenever such members or
    adults learn of facts leading them to suspect
    reasonably that an amateur athlete who is a minor
    has suffered an incident of child abuse;'';
    (ii) by redesignating subparagraphs (B)
    through (F) as subparagraphs (E) through (I),
    respectively;

    [[Page 967]]

    (iii) by inserting after subparagraph (A) the
    following:
    ``(B) <>  a requirement that the
    Center shall immediately report to law enforcement
    consistent with section 226 of the Victims of Child
    Abuse Act of 1990 (34 U.S.C. 20341) any allegation of
    child abuse of an amateur athlete who is a minor,
    including any report of such abuse submitted to the
    Center by a minor or by any person who is not otherwise
    required to report such abuse;
    ``(C) 1 or more policies that prohibit any
    individual who is an employee, contractor, or agent of
    the Center from assisting a member or former member in
    obtaining a new job (except for the routine transmission
    of administrative and personnel files) if the individual
    knows that such member or former member violated the
    policies or procedures of the Center related to sexual
    misconduct or was convicted of a crime involving sexual
    misconduct with a minor in violation of applicable law;
    ``(D) <>  a requirement that the
    Center, including any officer, agent, attorney, or staff
    member of the Center, shall not take any action to
    notify an alleged perpetrator of abuse of an amateur
    athlete of any ongoing investigation or accusation
    unless--
    ``(i) the Center has reason to believe an
    imminent hazard will result from failing to so
    notify the alleged perpetrator; or
    ``(ii) law enforcement--
    ``(I) authorizes the Center to take
    such action; or
    ``(II) <>
    declines or fails to act on, or fails to
    respond to the Center with respect to,
    the allegation within 72 hours after the
    time at which the Center reports to law
    enforcement under subparagraph (B);'';
    (iv) in subparagraph (F), as so redesignated,
    by inserting ``, including communications,'' after
    ``interactions'';
    (v) by amending subparagraph (G), as so
    redesignated, to read as follows:
    ``(G) procedures to prohibit retaliation by the
    corporation or any national governing body against any
    individual who makes--
    ``(i) a report under subparagraph (A) or (E);
    or
    ``(ii) any other report relating to abuse of
    any amateur athlete, including emotional,
    physical, and sexual abuse;'';
    (vi) in subparagraph (H), as so redesignated,
    by striking ``; and'' and inserting a semicolon;
    (vii) in subparagraph (I), as so redesignated,
    by striking the period at the end of clause (ii)
    and inserting a semicolon; and
    (viii) by adding at the end the following:
    ``(J) <>  a prohibition on the
    use in a decision of the Center under section
    220541(a)(1)(D) of any evidence relating to other sexual
    behavior or the sexual predisposition of the alleged
    victim, or the admission of any such evidence in

    [[Page 968]]

    arbitration, unless the probative value of the use or
    admission of such evidence, as determined by the Center
    or the arbitrator, as applicable, substantially
    outweighs the danger of--
    ``(i) any harm to the alleged victim; and
    ``(ii) unfair prejudice to any party; and
    ``(K) training for investigators on appropriate
    methods and techniques for ensuring sensitivity toward
    alleged victims during interviews and other
    investigative activities.''.

    (c) Records, Audits, and Reports.--Section 220543 of title 36,
    United States Code, is amended--
    (1) by striking subsection (b) and inserting the following:

    ``(b) Audits and Transparency.--
    ``(1) Annual audit.--
    ``(A) In general.--Not less frequently than
    annually, the financial statements of the Center for the
    preceding fiscal year shall be audited by an independent
    auditor in accordance with generally accepted accounting
    principles--
    ``(i) to ensure the adequacy of the internal
    controls of the Center; and
    ``(ii) to prevent waste, fraud, or misuse of
    funds transferred to the Center by the corporation
    or the national governing bodies.
    ``(B) Location.--An audit under subparagraph (A)
    shall be conducted at the location at which the
    financial statements of the Center normally are kept.
    ``(C) Report.--Not later than 180 days after the
    date on which an audit under subparagraph (A) is
    completed, the independent auditor shall issue an audit
    report.
    ``(D) Corrective action plan.--
    ``(i) In general.--On completion of the audit
    report under subparagraph (C) for a fiscal year,
    the Center shall prepare, in a separate document,
    a corrective action plan that responds to any
    corrective action recommended by the independent
    auditor.
    ``(ii) Matters to be included.--A corrective
    action plan under clause (i) shall include the
    following for each such corrective action:
    ``(I) The name of the person
    responsible for the corrective action.
    ``(II) A description of the planned
    corrective action.
    ``(III) The anticipated completion
    date of the corrective action.
    ``(IV) In the case of a recommended
    corrective action based on a finding in
    the audit report with which the Center
    disagrees, or for which the Center
    determines that corrective action is not
    required, an explanation and a specific
    reason for noncompliance with the
    recommendation.
    ``(2) Access to records and personnel.--With respect to an
    audit under paragraph (1), the Center shall provide the
    independent auditor access to all records, documents, and
    personnel and financial statements of the Center necessary to
    carry out the audit.
    ``(3) Public availability.--

    [[Page 969]]

    ``(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

    [[Page 970]]

    such records are accurate and have been maintained in
    accordance with generally accepted accounting
    principles;
    ``(B) an assessment of the internal controls used by
    the Center that describes the scope of testing of the
    internal controls and the results of such testing; and
    ``(C) a compliance assessment that includes an
    opinion or a disclaimer of opinion as to whether the
    Center has complied with the terms and conditions of
    subsection (b); and
    ``(2) `independent auditor' means an independent certified
    public accountant or independent licensed public accountant,
    certified or licensed by a regulatory authority of a State or a
    political subdivision of a State, who meets the standards
    specified in generally accepted accounting principles.''.
    SEC. 9. EXEMPTION FROM AUTOMATIC STAY IN BANKRUPTCY CASES.

    Section 362(b) of title 11, United States Code, is amended--
    (1) in paragraph (27), by striking ``and'' at the end;
    (2) in paragraph (28), by striking the period at the end and
    inserting ``; and''; and
    (3) by inserting after paragraph (28) the following:
    ``(29) under subsection (a)(1) of this section, of any
    action by--
    ``(A) an amateur sports organization, as defined in
    section 220501(b) of title 36, to replace a national
    governing body, as defined in that section, under
    section 220528 of that title; or
    ``(B) the corporation, as defined in section
    220501(b) of title 36, to revoke the certification of a
    national governing body, as defined in that section,
    under section 220521 of that title.''.
    SEC. 10. ENHANCED CHILD ABUSE REPORTING.

    Section 226(c)(9) of the Victims of Child Abuse Act of 1990 (34
    U.S.C. 20341(c)(9)) is amended--
    (1) by striking ``adult who is authorized'' and inserting
    the following: ``adult who--
    ``(A) is authorized'';
    (2) in subparagraph (A), as so designated, by inserting
    ``or'' after the semicolon at the end; and
    (3) by adding at the end the following:
    ``(B) is an employee or representative of the United
    States Center for SafeSport;''.
    SEC. 11. COMMISSION ON THE STATE OF U.S. OLYMPICS AND PARALYMPICS.

    (a) Establishment.--There is established within the legislative
    branch a commission, to be known as the ``Commission on the State of
    U.S. Olympics and Paralympics'' (referred to in this section as the
    ``Commission'').
    (b) Composition.--
    (1) <>  In general.--The Commission
    shall be composed of 16 members, of whom--
    (A) 4 members shall be appointed by the chairman of
    the Committee on Commerce, Science, and Transportation
    of the Senate;

    [[Page 971]]

    (B) 4 members shall be appointed by the ranking
    member of the Committee on Commerce, Science, and
    Transportation of the Senate;
    (C) 4 members shall be appointed by the chairman of
    the Committee on Energy and Commerce of the House of
    Representatives; and
    (D) 4 members shall be appointed by the ranking
    member of the Committee on Energy and Commerce of the
    House of Representatives.
    (2) <>  Co-chairs.--Of the members of
    the Commission--
    (A) 1 co-chair shall be designated by the chairman
    of the Committee on Commerce, Science, and
    Transportation of the Senate; and
    (B) 1 co-chair shall be designated by the chairman
    of the Committee on Energy and Commerce of the House of
    Representatives.
    (3) Qualifications.--
    (A) In general.--Each member appointed to the
    Commission shall have the following qualifications:
    (i) Experience in 1 or more of the following:
    (I) Amateur, Olympic and Paralympic,
    or professional athletics.
    (II) Elite athletic coaching.
    (III) Public service relating to
    sports.
    (IV) Professional advocacy for
    increased minority participation in
    sports.
    (V) Olympic and Paralympic sports
    administration or professional sports
    administration.
    (ii) Expertise in bullying prevention and the
    promotion of a healthy organizational culture.
    (B) Olympic or paralympic athletes.--Not fewer than
    8 members appointed under paragraph (1) shall be current
    or former Olympic or Paralympic athletes.

    (c) <>  Initial Meeting.--Not later than 30 days
    after the date on which the last member is appointed under paragraph
    (1), the Commission shall hold an initial meeting.

    (d) Quorum.--11 members of the Commission shall constitute a quorum.
    (e) No Proxy Voting.--Proxy voting by members of the Commission
    shall be prohibited.
    (f) Staff. <> --The co-chairs of the Commission
    shall appoint an executive director of the Commission, and such staff as
    appropriate, with compensation.

    (g) Public Hearings.--The Commission shall hold 1 or more public
    hearings.
    (h) Travel Expenses.--Members of the Commission shall serve without
    pay, but shall receive travel expenses in accordance with sections 5702
    and 5703 of title 5, United States Code.
    (i) Duties of Commission.--
    (1) Study.--
    (A) In general.--The Commission shall conduct a
    study on matters relating to the state of United States
    participation in the Olympic and Paralympic Games.
    (B) Matters studied.--The study under subparagraph
    (A) shall include--

    [[Page 972]]

    (i) <>  a review of the most
    recent reforms undertaken by the United States
    Olympic and Paralympic Committee;
    (ii) a description of proposed reforms to the
    structure of the United States Olympic and
    Paralympic Committee;
    (iii) <>  an assessment as
    to whether the board of directors of the United
    States Olympic and Paralympic Committee includes
    diverse members, including athletes;
    (iv) <>  an assessment of
    United States athlete participation levels in the
    Olympic and Paralympic Games;
    (v) a description of the status of any United
    States Olympic and Paralympic Committee licensing
    arrangement;
    (vi) <>  an assessment as
    to whether the United States is achieving the
    goals for the Olympic and Paralympic Games set by
    the United States Olympic and Paralympic
    Committee;
    (vii) <>  an analysis of the
    participation in amateur athletics of--
    (I) women;
    (II) disabled individuals; and
    (III) minorities;
    (viii) a description of ongoing efforts by the
    United States Olympic and Paralympic Committee to
    recruit the Olympic and Paralympic Games to the
    United States;
    (ix) <>  an
    evaluation of the functions of the national
    governing bodies (as defined in section 220501 of
    title 36, United States Code) and an analysis of
    the responsiveness of the national governing
    bodies to athletes with respect to the duties of
    the national governing bodies under section
    220524(a)(3) of title 36, United States Code; and
    (x) <>  an assessment of
    the finances and the financial organization of the
    United States Olympic and Paralympic Committee.
    (2) Report.--
    (A) In general.--Not later than 270 days after the
    date of the enactment of this Act, the Commission shall
    submit to Congress a report on the results of the study
    conducted under paragraph (1), including a detailed
    statement of findings, conclusions, recommendations, and
    suggested policy changes.
    (B) <>  Public availability.--
    The report required by subparagraph (A) shall be made
    available to the public on an internet website of the
    United States Government that is available to the
    public.

    (j) Powers of Commission.--
    (1) Subpoena authority.--The Commission may subpoena an
    individual the testimony of whom may be relevant to the purpose
    of the Commission.
    (2) Furnishing information.--On request by the executive
    director of the Commission, the head of a Federal agency shall
    furnish information to the Commission.

    [[Page 973]]

    (k) Termination of Commission.--The Commission shall terminate 90
    days after the date on which the Commission submits the report under
    subsection (i)(2).
    (l) Authorization of Appropriations.--There is authorized to be
    appropriated such sums as may be necessary to carry out this section.
    SEC. 12. <>  SEVERABILITY.

    If any provision of this Act, or an amendment made by this Act, is
    determined to be unenforceable or invalid, the remaining provisions of
    this Act and the amendments made by this Act shall not be affected.

    Approved October 30, 2020.

    LEGISLATIVE HISTORY--S. 2330:
    ---------------------------------------------------------------------------

    SENATE REPORTS: No. 116-245 (Comm. on Commerce, Science, and
    Transportation).
    CONGRESSIONAL RECORD, Vol. 166 (2020):
    Aug. 4, considered and passed Senate.
    Oct. 1, considered and passed House.