[Senate Report 115-443]
[From the U.S. Government Publishing Office]
Calendar No. 734
115th Congress } { Report
SENATE
2nd Session } { 115-443
_______________________________________________________________________
UNITED STATES CENTER FOR SAFE SPORT AUTHORIZATION ACT OF 2017
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1426
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 19, 2018.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
89-010 WASHINGTON : 2018
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fifteenth congress
second session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
TED CRUZ, Texas AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska EDWARD J. MARKEY, Massachusetts
DEAN HELLER, Nevada TOM UDALL, New Mexico
JAMES M. INHOFE, Oklahoma GARY C. PETERS, Michigan
MIKE LEE, Utah TAMMY BALDWIN, Wisconsin
RON JOHNSON, Wisconsin TAMMY DUCKWORTH, Illinois
SHELLEY MOORE CAPITO, West MARGARETWOODHASSAN,NewHampshire
Virginia
CORY GARDNER, Colorado CATHERINE CORTEZ MASTO, Nevada
TODD C. YOUNG, Indiana JON TESTER, Montana
Nick Rossi, Staff Director
Crystal Tully, Deputy Staff Director
Jason Van Beek, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Calendar No. 734
115th Congress } { Report
SENATE
2nd Session } { 115-443
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UNITED STATES CENTER FOR SAFE SPORT AUTHORIZATION ACT OF 2017
_______
December 19, 2018.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 1426]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1426) to amend the Ted Stevens
Olympic and Amateur Sports Act to expand the purposes of the
corporation, to designate the United States Center for Safe
Sport, and for other purposes, having considered the same,
reports favorably thereon with an amendment (in the nature of a
substitute) and recommends that the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 1426, the United States Center for Safe
Sport Authorization Act of 2017, is to clarify that a central
purpose of the United States National Olympic Committee (USOC)
is to promote a safe environment in sports that is free from
abuse, including emotional, physical, and sexual abuse, of any
amateur athlete. This legislation also would designate the
United States Center for Safe Sport (Center) as the independent
organization to investigate and adjudicate abuse allegations in
the Olympic movement. It would require the Center, among other
things, to develop best practices and procedures for
implementation by the various National Governing Bodies (NGBs)
and Paralympic Sports Organizations (PSOs) that are responsible
for administering Olympic and Paralympic sports at the national
level and for athlete development in preparing for competition.
To minimize the risk to the Center of litigation arising
from actions performed in the course of the investigation,
adjudication, and sharing of information of abuse allegations,
as this bill contemplates and requires, S. 1426 would provide
certain limitations on liability for the Center, NGBs, and
PSOs. It would provide exceptions to these limitations on
liability in instances in which the entity has acted with
actual malice or outside the scope of its duties. Finally, in
order to ensure independence, this bill would authorize to be
appropriated $1 million annually for fiscal years (FYs) 2017
through 2021 to the Center to supplement the funds it currently
receives from the USOC, the NGBs, and other sources.
Background and Needs
The issue of sexual abuse within the United States Olympic
movement has received considerable media attention in recent
months. In February 2017, reports detailed serious allegations
of alleged sexual abuse within the sport of taekwondo,
resulting in the criminal conviction of a USA Taekwondo
coach.\1\ Additional misconduct has reportedly occurred under
other sports' NGBs, including gymnastics, speed skating,
swimming, and cycling.\2\ The implication that such conduct may
be systemic across NGBs raises serious concerns about the
extent to which the USOC\3\ perceives and is acting upon its
obligation to protect the health and safety of athletes.
Following these reports, in March 2017, Chairman Thune and
Senator Moran, who serves as Chairman of the Subcommittee on
Consumer Protection, Product Safety, Insurance, and Data
Security, sent a letter to the USOC inquiring about the ability
of the USOC and the NGBs to conduct effective, timely, and
impartial investigations into allegations of misconduct.\4\
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\1\Will Hobson & Steven Rich, ``An Athlete Accused Her Coach of Sex
Abuse. Olympic Officials Stayed on the Sideline,'' Wash. Post, February
14, 2017, at https://www.washingtonpost.com/sports/olympics/an-athlete-
accused-her-coach-of-sex-abuse-olympic-officials-stayed-on-sideline/
2017/02/14/35a6fc76-d2eb-11e6-a783-cd3fa950f2fd_story.html.
\2\See, e.g., Rick Maese & Will Hobson, ``USA Gymnastics Says it
Alerted FBI to Dr. Accused of Sex Abuse in 2015,'' Wash. Post, February
16, 2017, at https://www.washingtonpost.com/sports/2017/02/16/a03f968c-
f489-11e6-a9b0-ecee7ce475fc_story.html (alleging sexual abuse within
USA Gymnastics); Marisa Kwiatkowski, et al., ``A Blind Eye to Sex
Abuse: How USA Gymnastics Failed to Report Cases,'' Indianapolis Star,
Aug. 4, 2016, at A9 (alleging failure to report sexual abuse within USA
Gymnastics); Kelly Whiteside, ``the USOC Eyes Agency to Fix Abuses,''
USA Today, Mar. 8, 2013, at 6C (reporting claims of physical and
emotional abuse in U.S. Speedskating and stating that ``[s]exual abuse
allegations have rocked swimming and other sports''); Caitlin Giddings,
``USA Cycling Opens Investigation into Missy Erickson's Allegations of
Sexual Abuse,'' Bicycling, Feb. 17, 2017, at http://www.bicycling.com/
racing/pro-cycling/usa-cycling-opens-investigation-into-missy-
ericksons-allegations-of-sexual-abuse (alleging sexual abuse within USA
Cycling).
\3\The National Olympic Committee for the United States (USOC) is
responsible for supporting, entering, and overseeing U.S. teams for the
Olympic Games, Paralympic Games, Youth Olympic Games, Pan American
Games, and Parapan American Games. The USOC supports NGBs by providing
expertise in nutrition, biomechanics, medicine, physiology, psychology,
strength and conditioning, and performance technology. About the USOC,
Team USA, at http://www.teamusa.org/About-the-USOC (last visited Oct.
20, 2017).
\4\Letter from Hon. John Thune, Chairman, S. Comm. on Commerce,
Sci., & Transp., and Hon. Jerry Moran, Chairman, Subcomm. on Consumer
Prot., Prod. Safety, Ins., & Data Sec., to Mr. Scott Blackmun, Chief
Exec. Officer, U.S. Olympic Comm. (March 2, 2017) (on file with Comm.).
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To address abuse and misconduct, the USOC is responsible
for enforcing conduct and safety policies for staff who are in
direct contact with athletes. The USOC also has instituted
mandatory policy measures for NGBs and PSOs. For example, in
2010, the USOC convened a working group for safe training
environments and subsequently implemented its recommendations.
In 2017, the USOC established the Center as an independent
entity to provide a single source for investigation and
resolution of abuse and misconduct allegations.\5\ The Center
is tasked with enforcing abuse prevention policies,
investigating and adjudicating such allegations, and providing
training and education to NGBs and their members on how to
implement best practices.
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\5\Press Release, U.S. Ctr. for SafeSport, The U.S. Center for
SafeSport Opens (March 23, 2017) (on file with Comm.).
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The Center receives operational funding principally through
cash and in-kind contributions from the USOC and NGBs. The
Center contemplates additional fundraising from the private
sector, including foundations, corporations, and individuals;
however, in FY 2017, the year the Center became operational, it
received approximately 66 percent of its funding from the USOC
and approximately 33 percent of its funding from the NGBs. The
Committee recognizes that additional sources of funding,
including access to Federal funding, are needed to ensure the
Center's independence and long-term viability. In particular,
not having to rely solely on USOC and NGB funding is critical
to the Center's ability to offer and administer its
investigations and decisions with clear independence and
autonomy from those entities. Indeed, their athletes and
coaches may be the subject of sensitive investigations.
In addition to fundraising, the Committee recognizes that
access to adequate insurance coverage has been a challenge for
the Center. Given the Center's current work in addressing abuse
allegations and the additional duties contemplated by this
legislation, the Committee believes the Center's tort liability
exposure should be calibrated to allow the Center to continue
its work to protect amateur athletes from abuse by limiting the
risk of potential litigation arising in the course of its
legitimate activities. Furthermore, the Committee believes that
such liability protections would allow the Center to
renegotiate its current insurance policy to receive more
favorable terms.
Summary of Provisions
Section 3 would amend chapter 2205 of title 36, United
States Code,\6\ by adding a new section 220541(a)(1)
designating the Center to serve as the independent national
safe sport organization and be recognized worldwide as the
independent national safe sport organization for the United
States. This language is modeled off of the law authorizing the
United States Anti-Doping Agency (USADA) (21 U.S.C. 2001, et
seq.). It is the Committee's intention for the Center to exist
on a similar footing with, and with the same independence as,
USADA.
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\6\This chapter is known as the Ted Stevens Olympic and Amateur
Sports Act.
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Section 3 would add a new section 220541(a)(3) to require
the Center to maintain an office, to develop, among other
things, training, oversight practices, policies, and procedures
to prevent the abuse, including emotional, physical, and sexual
abuse, of amateur athletes participating in amateur athletic
activities through NGBs and PSOs. This provision would ensure
that policies and procedures exist at the NGB and PSO level to
protect amateur athletes from abuse, training to prevent abuse
is available to NGBs and PSOs, and there is sufficient
oversight of the implementation of these anti-abuse
protections. This provision would confer discretion to the
Center to tailor such training, oversight practices, policies,
and procedures to the needs of the individual NGBs and PSOs,
based on such factors as legal and governance structure, size,
number of amateur athletes, history of prior misconduct, and
other factors particular to each sport. The Committee is aware
that certain NGBs and PSOs have instituted and currently
enforce robust policies and procedures to prevent abuse, which
may be sufficient for the purposes of this section. Where such
policies and procedures exist, the Center may recognize the
existing policies and procedures rather than develop policies
and procedures de novo. The outreach and oversight contemplated
under this provision may include, for instance, the sharing of
information regarding accused violators, which can help prevent
such violators from ``sport hopping'' in order to avoid being
caught and prevent them from coaching amateur athletes in spite
of alleged abusive behavior.
Section 3 would add a new section 220541(a)(5) to require
the Center to maintain an office for response and resolution
to, among other things, establish mechanisms that allow for the
reporting, investigation, and adjudication of alleged sexual
abuse in violation of the Center's policies and procedures.
Section 220541(a)(6) would further require that these
mechanisms provide fair notice and an opportunity to be heard
and protect the privacy and safety of complainants. In an
administrative proceeding to determine the opportunity of an
individual to participate in amateur athletic competition, the
requirement to provide ``fair notice and an opportunity to be
heard'' is a lower standard than would be required as a matter
of constitutional due process in a criminal proceeding.
Section 3 would add a new section 220541(b) to allow the
Center to utilize a neutral arbitration body and develop
policies and procedures to resolve allegations of sexual abuse
within its jurisdiction in order to determine the opportunity
of any amateur athlete, coach, trainer, manager, administrator,
or official, who is the subject of an allegation of sexual
abuse, to participate in amateur athletic competition. It is
not the purpose of such a proceeding to supplant any criminal
or civil proceeding arising from alleged sexual abuse. The
Committee contemplates that the policies and procedures
developed under this section may include procedures to appeal
the decision of the neutral arbitration body.
Section 3 would add a new section 220541(c) to limit the
liability of the Center and each NGB and PSO, including
officers, employees and agents thereof. This provision states
that these parties shall not be held liable for damages in any
civil action for a variety of tort actions arising out of any
actions or communications undertaken in the course of their
duties. The Committee contemplates that these protection extend
not only to actions for defamation, libel, slander, or damage
to reputation, but also to related actions, including, but not
limited to, false light, intrusion upon seclusion, tortious
interference, and abuse of process. These liability protections
would not apply in instances in which the Center, NGB, PSO, or
officers, employees, or agents thereof act with actual malice
or in cases where the action is unrelated to official duties.
There is a presumption that the Center, NGB, PSO, or officers,
employees, or agents thereof act pursuant to their duties under
this Act and without actual malice.
Section 3 would add a new section 220542(a)(2)(A) to
require that the Center develop, and that the NGBs and PSOs
follow, policies and procedures to require adults within the
NGBs and PSOs, among others, to report immediately any
allegation of child abuse to law enforcement, the Center, and
other appropriate entities. ``Child abuse'' would be defined as
``physical or sexual abuse or neglect of a child, including
human trafficking and the production of child pornography,''
consistent with the term's definition in section 212 of the
Victims of Child Abuse Act of 1990 (42 U.S.C. 13001a). Though
the legislation contemplates elsewhere that the Center would
develop, among other things, training to prevent abuse,
including emotional, physical, and sexual abuse, in sports,
section 220542(a)(2)(A) would neither require mandatory
reporting of other allegations of abuse beyond child abuse, as
defined, nor would it preclude voluntary reporting of such
allegations.
Section 3 would add a new section 220542(a)(2)(C) to
require that the Center develop, and that NGBs and PSOs follow,
reasonable procedures to limit 1-on-1 interactions between an
amateur athlete who is a minor and an adult (who is not the
minor's legal guardian) at a facility under the jurisdiction of
an NGB or PSO without being in an observable and interruptible
distance from another adult, except under exigent
circumstances. Such procedures can contemplate the policies and
procedures outlined in the Center for Disease Control and
Prevention's (CDC's) guidelines entitled ``Preventing Child
Abuse Within Youth-serving Organizations: Getting Started on
Policies and Procedures,''\7\ which recommends organizations
consider contextual issues and balance the need to keep youth
safe with the need to nurture and care for them.\8\ With
respect to 1-on-1 interactions, the CDC states that ``some
organizations have a policy to limit 1-on-1 interactions
between youth and adults (i.e., having at least two adults
present at all times with youth). The goal of such a policy is
to prevent the isolation of 1 adult and 1 youth, a situation
that elevates the risk for child sexual abuse. This strategy
must be modified based on the mission of your
organization.''\9\
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\7\U.S. Dep't of Health & Hum. Servs., ``Preventing Child Sexual
Abuse Within Youth-serving Orgs.: Getting Started on Policies and
Procs. (2007),'' at https://www.cdc.gov/violenceprevention/pdf/
preventingchildsexualabuse-a.pdf.
\8\Id. at 2.
\9\Id. at 11.
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Section 3 would add a new section 220542(a)(2)(E) providing
for oversight procedures, including a requirement that subject
matter experts, unaffiliated with an NGB or PSO conduct regular
and random audits. The Committee contemplates that such audits
occur on a quadrennial basis. In determining whether a subject
matter expert is unaffiliated with an NGB or PSO, the Committee
contemplates that the Center apply criteria similar to the
criteria set forth in section 3.4 of the USOC bylaws to
determine whether a director would be considered an
``independent director.'' The purpose of these oversight
procedures is to ensure that the NGBs and PSOs comply with the
policies and procedures developed under the new section
220541(a)(3). In addition, these procedures are meant to ensure
that all adult NGB and PSO members receive consistent sexual
abuse prevention training, as well as minors, subject to
parental consent. In this instance, ``consistent training''
would mean training regarding the prevention of sexual abuse
that is consistent with the training developed under section
220541(a)(3) for an individual NGB or PSO.
Legislative History
On May 17, 2017, the Committee held a hearing entitled
``Current Issues in American Sports: Protecting the Health and
Safety of American Athletes,'' during which Committee members
heard testimony regarding the Center's efforts to address
incidents of sexual abuse within the Olympic movement. Ms.
Shellie Pfohl, the Center's President and Chief Executive
Officer, testified that 45 million youth in the United States
play sports, and that, among athletes and non-athletes, 1-in-10
youth in the United States are at risk of being sexually abused
before the age of 18. Ms. Pfohl also testified that among the
best practices that the Center endorses are risk-based policies
to limit 1-on-1 contact between minor athletes and coaches,
consistent with the standard for such contact recommended by
the CDC.
Chairman Thune introduced S. 1426 on June 22, 2017 (for
himself and Ranking Member Nelson). Senators Moran (chairman of
the Subcommittee on Consumer Protection, Product Safety,
Insurance, and Data Security), Blumenthal (ranking member of
that subcommittee), Sullivan, Peters, and Klobuchar are also
cosponsors.
On June 29, 2017, the Committee met in open Executive
Session, and, by voice vote, ordered S. 1426 reported favorably
with an amendment (in the nature of a substitute). At the
Executive Session, Senators Thune and Nelson both recognized a
similar bill, S. 534, the Protecting Young Victims from Sexual
Abuse Act of 2014, sponsored by Senator Feinstein and
previously reported by the Committee on the Judiciary of the
Senate. Both Senators stated their intention to work with
Senator Feinstein to merge S. 1426 and S. 534 for consideration
by the full Senate. Provisions of S. 1426 were merged with S.
543 before S. 534 passed the Senate on November 14, 2017.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 1426--United States Center for Safe Sport Authorization Act of 2017
S. 1426 would designate the United States Center for Safe
Sport as the national safe sport organization for the United
States Olympic Committee (USOC) and would authorize the
appropriation of $1 million each year for fiscal years 2017-
2021 for its operations. Currently, the Center operates as a
non-profit entity that addresses sexual misconduct and abuse
within national governing bodies recognized by the USOC. The
bill also would specify the structure and duties of the Center
and would require it to submit an annual report to Congress.
CBO estimates that implementing the bill would cost $4 million
over the 2018-2022 period, assuming appropriation of the
specified amounts.
S. 1426 would not affect direct spending or revenues;
therefore, pay-as-you-go procedures do not apply. CBO estimates
that enacting S. 1426 would not increase net direct spending or
on-budget deficits in any of the four consecutive 10-year
periods beginning in 2028.
S. 1426 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA) and would impose no
costs on state, local, or tribal governments.
S. 1426 would impose a private-sector mandate, as defined
in UMRA, by requiring the United States Center for Safe Sports
to develop training, oversight practices, policies and
procedures to prevent the abuse of any amateur athlete. The
bill also would require additional procedures to be implemented
by the Center to report such abuse. According to testimony, the
United States Olympic Committee recently implemented such a
program to prevent and report any abuse of athletes.
Consequently, CBO estimates that the costs of complying with
the mandates would be small and would fall well below the
annual threshold established in UMRA for private-sector
mandates ($156 million in 2017, adjusted annually for
inflation). Moreover, the bill would authorize the
appropriation of $1 million annually for fiscal years 2017-2021
to the Center to offset the costs of complying with the
requirements of the bill.
The CBO staff contacts for this estimate are Stephen Rabent
(for federal costs) and Paige Piper-Bach (for private-sector
mandates). The estimate was approved by Theresa Gullo,
Assistant Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
S. 1426, as reported, would not impose any new regulatory
requirements on businesses.
economic impact
Enactment of this legislation is not expected to have an
adverse impact on the Nation's economy.
privacy
S. 1426 would include a provision to require immediate
reporting of allegations of child abuse of any amateur athlete
who is a minor, and would establish a mechanism for reporting
of other abuse allegations. It includes a provision to require
the Center to establish a mechanism by which an NGB or PSO
would share confidentially reports of suspected sexual abuse of
an amateur athlete who is a minor. It would include a provision
to require the Center to establish mechanisms that would allow
for the reporting, investigation, and adjudication of alleged
sexual abuse in violation of the Center's policies and
procedures, but requires that these mechanisms protect the
privacy of complainants, among other things.
paperwork
S. 1426 would require the Center to keep correct and
complete records of account and to submit an annual report to
Congress including an annual audit and description of its
activities.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
This section would provide that the bill may be cited as
the ``United States Center for Safe Sport Authorization Act of
2017.''
Section 2. Expansion of the purposes of the corporation.
This section would amend the Ted Stevens Olympic and
Amateur Sports Act (Stevens Act) to state that it is the
purpose of the USOC to promote a safe environment in sports
that is free from abuse, including emotional, physical, and
sexual abuse, of any amateur athlete (defined in existing code
as an athlete who meets the eligibility standards established
by the NGB or PSO for the sport in which the athlete competes).
Section 3. Designation of the United States Center for Safe Sport.
This section would amend the Stevens Act by creating a new
subchapter III, designating the Center, enumerating additional
duties of the Center, requiring records audits and reports, and
authorizing appropriations.
Designation of the United States Center for Safe Sport
The Center would serve as the independent national safe
sport organization and would be recognized worldwide as the
independent national safe sport organization for the United
States. This section would establish the Center's jurisdiction
over the USOC, NGB, and PSO with regard to safeguarding
athletes against abuse, including emotional, physical, and
sexual abuse, in sports. This provision is modeled on similar
language codifying the role of USADA.
The Center would be required to maintain an office for
education and outreach to develop training, oversight
practices, policies and procedures to prevent the abuse,
including emotional, physical and sexual abuse, of amateur
athletes participating in amateur athletic activities through
the NGBs and PSOs. The Center would be required to ensure that
all NGBs and PSOs follow its policies and procedures for
preventing abuse. The Center also would be required to maintain
an office for response and resolution that would establish
mechanisms for the reporting, investigation, and adjudication
of allegations of sexual abuse committed in violation of the
Center's policies and procedures to determine an individual's
opportunity to participate in amateur athletic competition. In
so doing, this office would be required to provide fair notice
and an opportunity to be heard, as well as to protect the
privacy and safety of complainants.
The Center, at its discretion, would be allowed to utilize
a neutral arbitration body and develop policies and procedures
to resolve allegations of sexual abuse within its jurisdiction.
However, this section would contain a rule of construction to
preserve the right otherwise existing in law of an amateur
athlete to pursue civil remedies through the courts.
This section would contain a limitation of liability that
would provide that the Center, each NGB, and each PSO would not
be liable for damages in any civil action for defamation,
libel, slander, or damage to reputation, except when the
Center, NGB, or PSO acts with actual malice or takes action not
pursuant to this bill.
Additional Duties
The Center would be required to develop training, oversight
practices, policies, and procedures for implementation by the
NGBs and PSOs to prevent the abuse, including emotional,
physical, and sexual abuse, of amateur athletes. These policies
would include a requirement that all adult members of the NGBs
and PSOs, or facilities under the jurisdiction of a NGB or PSO,
in addition to other adults authorized to interact with amateur
athletes, report immediately any allegation of child abuse of a
minor amateur athlete to appropriate authorities, including the
Center and law enforcement agencies, whenever such member or
adult learns of facts leading them to suspect reasonably that a
minor amateur athlete has suffered an incident of child abuse.
The term ``child abuse'' would be defined to mean physical or
sexual abuse or neglect of a child, including human trafficking
and the production of child pornography.
The Center would be required to implement a mechanism
approved by a trained expert on child abuse that allows a
complainant to report easily an incident of sexual abuse to the
Center, NGB, PSO, law enforcement, or other appropriate
authority.
The Center would be required to include reasonable
procedures to limit 1-on-1 interactions between minor amateur
athletes and adults (other than the minor's legal guardian) at
facilities under control of an NGB or PSO except under exigent
circumstances. Under this requirement, the reasonable
procedures would allow for interactions that occur within an
observable and interruptible distance from another adult.
The Center would be required to prohibit any NGB or PSO
from retaliating against any individual who reports sexual
abuse of a minor amateur athlete as required under Center
policies and procedures, or who reports an incident of child
abuse pursuant to the Center's established mechanisms.
The Center would be required to establish oversight
procedures, including regular and random audits conducted by
subject matter experts, unaffiliated with an NGB or PSO, of
each NGB or PSO to ensure that certain policies and procedures
are followed correctly and that consistent training regarding
prevention of sexual abuse is offered and given to all adult
members and, subject to parental consent, to members who are
minors.
The Center would be required to establish a mechanism by
which an NGB or PSO can share confidentially a report of sexual
abuse of an amateur athlete who is a minor by a member of the
NGB or PSO, or an adult authorized by an NGB or PSO to interact
with an amateur athlete who is a minor, with each of the other
NGBs, PSOs, or facilities under the control of such entities,
and to allow an NGB or PSO to withhold providing to an adult
who is the subject of an allegation of sexual abuse the
authority to interact with an amateur athlete who is a minor
until the resolution of such allegation. This section would
contain a rule of construction to clarify that nothing in this
section would be construed as to limit the ability of an NGB or
PSO to implement an interim measure to prevent an individual
who is the subject of an allegation of sexual abuse from
interacting with an amateur athlete prior to the Center
exercising its jurisdiction over a matter.
Records, Audits, and Reports
This section would require the Center to keep correct and
complete records of account and to submit an annual report to
Congress including an annual audit that complies with the audit
requirements for Patriotic and National Organizations and
includes a description of the Center's activities.
Authorization of Appropriations
This section would authorize to be appropriated to the
Center $1 million annually for FY 2017 through FY 2021.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
TITLE 36. PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
SUBTITLE II. PATRIOTIC AND NATIONAL ORGANIZATIONS
PART B. ORGANIZATIONS
CHAPTER 2205. UNITED STATES OLYMPIC COMMITTEE
SUBCHAPTER I. CORPORATION
Sec. 220501. Short title and definitions
(a) Short Title.--This chapter may be cited as the ``Ted
Stevens Olympic and Amateur Sports Act''.
(b) Definitions.--For purposes of this chapter--
(1) ``amateur athlete'' means an athlete who meets
the eligibility standards established by the national
governing body or paralympic sports organization for
the sport in which the athlete competes.
(2) ``amateur athletic competition'' means a contest,
game, meet, match, tournament, regatta, or other event
in which amateur athletes compete.
(3) ``amateur sports organization'' means a not-for-
profit corporation, association, or other group
organized in the United States that sponsors or
arranges an amateur athletic competition.
(4) ``Center'' means the United States Center for
Safe Sport designated under section 220541.
[(4)](5) ``corporation'' means the United States
Olympic Committee.
[(5)] (6) ``international amateur athletic
competition'' means an amateur athletic competition
between one or more athletes representing the United
States, individually or as a team, and one or more
athletes representing a foreign country.
[(6)](7) ``national governing body'' means an amateur
sports organization that is recognized by the
corporation under section 220521 of this title.
[(7)](8) ``paralympic sports organization'' means an
amateur sports organization which is recognized by the
corporation under section 220521 of this title.
[(8)](9) ``sanction'' means a certificate of approval
issued by a national governing body.
Sec. 220503. Purposes
The purposes of the corporation are--
(1) to establish national goals for amateur athletic
activities and encourage the attainment of those goals;
(2) to coordinate and develop amateur athletic
activity in the United States, directly related to
international amateur athletic competition, to foster
productive working relationships among sports-related
organizations;
(3) to exercise exclusive jurisdiction, directly or
through constituent members of committees, over--
(A) all matters pertaining to United States
participation in the Olympic Games, the
Paralympic Games, and the Pan-American Games,
including representation of the United States
in the games; and
(B) the organization of the Olympic Games,
the Paralympic Games, and the Pan-American
Games when held in the United States;
(4) to obtain for the United States, directly or by
delegation to the appropriate national governing body,
the most competent amateur representation possible in
each event of the Olympic Games, the Paralympic Games,
and Pan-American Games;
(5) to promote and support amateur athletic
activities involving the United States and foreign
nations;
(6) to promote and encourage physical fitness and
public participation in amateur athletic activities;
(7) to assist organizations and persons concerned
with sports in the development of amateur athletic
programs for amateur athletes;
(8) to provide swift resolution of conflicts and
disputes involving amateur athletes, national governing
bodies, and amateur sports organizations, and protect
the opportunity of any amateur athlete, coach, trainer,
manager, administrator, or official to participate in
amateur athletic competition;
(9) to foster the development of amateur athletic
facilities for use by amateur athletes and assist in
making existing amateur athletic facilities available
for use by amateur athletes;
(10) to provide and coordinate technical information
on physical training, equipment design, coaching, and
performance analysis;
(11) to encourage and support research, development,
and dissemination of information in the areas of sports
medicine and sports safety;
(12) to encourage and provide assistance to amateur
athletic activities for women;
(13) to encourage and provide assistance to amateur
athletic programs and competition for amateur athletes
with disabilities, including, where feasible, the
expansion of opportunities for meaningful participation
by such amateur athletes in programs of athletic
competition for able-bodied amateur athletes; [and]
(14) to encourage and provide assistance to amateur
athletes of racial and ethnic minorities for the
purpose of eliciting the participation of those
minorities in amateur athletic activities in which they
are underrepresented[.]; and
(15) to promote a safe environment in sports that is
free from abuse, including emotional, physical, and
sexual abuse, of any amateur athlete.
Subchapter III--United States Center for Safe Sport
Sec. 220541. Designation of United States Center for Safe Sport
(a) In General.--The United States Center for Safe Sport
(referred to in this subchapter as the ``Center'') shall--
(1) serve as the independent national safe sport
organization and be recognized worldwide as the
independent national safe sport organization for the
United States;
(2) exercise jurisdiction over the corporation, each
national governing body, and each paralympic sports
organization with regard to safeguarding amateur
athletes against abuse, including emotional, physical,
and sexual abuse, in sports;
(3) maintain an office for education and outreach
that shall develop training, oversight practices,
policies, and procedures to prevent the abuse,
including emotional, physical, and sexual abuse, of
amateur athletes participating in amateur athletic
activities through national governing bodies and
paralympic sports organizations;
(4) ensure that the policies and procedures under
paragraph (3) include requirements that all national
governing bodies and paralympic sports organizations
follow the policies and procedures of the Center;
(5) maintain an office for response and resolution
that shall establish mechanisms that allow for the
reporting, investigation, and adjudication of alleged
sexual abuse in violation of the Center's policies and
procedures; and
(6) ensure that the mechanisms under paragraph (5)
provide fair notice and an opportunity to be heard and
protect the privacy and safety of complainants.
(b) Policies and Procedures.--
(1) In general.--The Center may, in its discretion,
utilize a neutral arbitration body and develop policies
and procedures to resolve allegations of sexual abuse
within its jurisdiction.
(2) Rule of construction.--Nothing in this section
shall be construed as altering, superseding, or
otherwise affecting the right of an amateur athlete to
pursue criminal or civil justice through the courts.
(c) Limitation on Liability.--
(1) In general.--Except as provided in paragraph (2),
the Center, and each national governing body and
paralympic sports organization, including any officer,
employee, or agent thereof, shall not be liable for
damages in any civil action for defamation, libel,
slander, or damage to reputation arising out of any
action or communication, if the action arises from the
execution of the responsibilities or functions
described in this section, section 220542, or section
220543.
(2) Exception.--Paragraph (1) shall not apply in any
action in which the Center, a national governing body,
or a paralympic sports organization, or an officer,
employee, or agent thereof, acted with actual malice,
or provided information or took action not pursuant to
this section, section 220542, or section 220543.
Sec. 220542. Additional duties
(a) In General.--The Center shall--
(1) develop training, oversight practices, policies,
and procedures for implementation by a national
governing body or paralympic sports organization to
prevent the abuse, including emotional, physical, and
sexual abuse, of any amateur athlete; and
(2) include in the policies and procedures developed
under section 220541(a)(3)--
(A) a requirement that all adult members of a
national governing body, a paralympic sports
organization, or a facility under the
jurisdiction of a national governing body or
paralympic sports organization, and all adults
authorized by such members to interact with an
amateur athlete, report immediately any
allegation of child abuse (as defined in
section 212 of the Victims of Child Abuse Act
of 1990 (42 U.S.C. 13001a)) of an amateur
athlete who is a minor to law enforcement
authorities and other appropriate authorities,
including the Center, whenever such members or
adults learn of facts leading them to suspect
reasonably that an amateur athlete who is a
minor has suffered an incident of child abuse
(as so defined);
(B) a mechanism, approved by a trained expert
on child abuse, that allows a complainant to
report easily an incident of sexual abuse to
the Center, a national governing body, law
enforcement authorities, or other appropriate
authorities;
(C) reasonable procedures to limit one-on-one
interactions between an amateur athlete who is
a minor and an adult (who is not the minor's
legal guardian) at a facility under the
jurisdiction of a national governing body or
paralympic sports organization without being in
an observable and interruptible distance from
another adult, except under exigent
circumstances;
(D) procedures to prohibit retaliation, by
any national governing body or paralympic
sports organization, against any individual who
makes a report under subparagraph (A) or
subparagraph (B);
(E) oversight procedures, including regular
and random audits conducted by subject matter
experts, unaffiliated with a national governing
body or a paralympic sports organization of
each national governing body and paralympic
sports organization to ensure that policies and
procedures developed under that section are
followed correctly and that consistent training
is offered and given to all adult members and,
subject to parental consent, to members who are
minors, regarding prevention of sexual abuse;
and
(F) a mechanism by which a national governing
body or paralympic sports organization can--
(i) share confidentially a report of
suspected sexual abuse of an amateur
athlete who is a minor by a member of a
national governing body or paralympic
sports organization, or an adult
authorized by a national governing body
or paralympic sports organization to
interact with an amateur athlete who is
a minor, with each of the other
national governing bodies, paralympic
sports organizations, or facilities
under the control of such entities; and
(ii) withhold providing to an adult
who is the subject of an allegation of
sexual abuse authority to interact with
an amateur athlete who is a minor until
the resolution of such allegation.
(b) Rule of Construction.--Nothing in this section shall be
construed to limit the ability of a national governing body or
paralympic sports organization to impose an interim measure to
prevent an individual who is the subject of an allegation of
sexual abuse from interacting with an amateur athlete.
Sec. 220543. Records, audits, and reports
(a) Records.--The Center shall keep correct and complete
records of account.
(b) Report.--The Center shall submit an annual report to
Congress, including--
(1) an audit conducted and submitted in accordance
with section 10101; and
(2) a description of the activities of the Center.
Sec. 220544. Authorization of appropriations
There are authorized to be appropriated to the Center--
(1) for fiscal year 2017, $1,000,000;
(2) for fiscal year 2018, $1,000,000;
(3) for fiscal year 2019, $1,000,000;
(4) for fiscal year 2020, $1,000,000; and
(5) for fiscal year 2021, $1,000,000.
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