[116th Congress Public Law 189]
[From the U.S. Government Publishing Office]
[[Page 134 STAT. 943]]
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. <<NOTE: Oct. 30, 2020 - [S. 2330]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Empowering
Olympic, Paralympic, and Amateur Athletes Act of 2020. 36 USC 101
note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Empowering Olympic, Paralympic, and
Amateur Athletes Act of 2020''.
SEC. 2. <<NOTE: 36 USC 220501 note.>> 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 134 STAT. 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, <<NOTE: 36 USC
220501 prec.>> 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 134 STAT. 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 134 STAT. 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, <<NOTE: 36 USC 101 prec.>>
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 <<NOTE: 36 USC 220541 prec.>> (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 <<NOTE: 36 USC 220551 prec.>> --DISSOLUTION OF BOARD OF
DIRECTORS OF CORPORATION AND TERMINATION OF RECOGNITION OF NATIONAL
GOVERNING BODIES
``Sec. <<NOTE: 36 USC 220551.>> 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 134 STAT. 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. <<NOTE: Effective dates. 36 USC 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, <<NOTE: 36 USC
220501 prec.>> 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) <<NOTE: 36 USC 220551 note.>> 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 134 STAT. 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) <<NOTE: Time period.>> 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 134 STAT. 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, <<NOTE: 36 USC
220501 prec.>> 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) <<NOTE: Determination.>> if the ethics
committee determines that an individual has violated the
policies of the corporation--
[[Page 134 STAT. 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) <<NOTE: Investigation.>> in the case of an
individual who is the subject of a criminal
investigation, the ethics committee shall investigate
the individual.''.
(B) <<NOTE: 36 USC 220507 note.>> 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 134 STAT. 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 134 STAT. 952]]
``(E) Development of policy.--
``(i) <<NOTE: Deadline. Federal
Register, publication.>> 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) <<NOTE: Records.>> 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) <<NOTE: Web posting.>>
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 134 STAT. 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) <<NOTE: Data.>> 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) <<NOTE: Assessments. Compliance. Plan.>>
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) <<NOTE: Web posting.>> 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) <<NOTE: Deadline.>> 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 134 STAT. 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) <<NOTE: Analysis.>> 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) <<NOTE: Recommenda- tions.>>
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) <<NOTE: Web posting.>> 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 134 STAT. 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, <<NOTE: 36 USC
220501 prec.>> 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. <<NOTE: 36 USC 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) <<NOTE: Reports.>> 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) <<NOTE: Web posting.>> 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, <<NOTE: 36 USC
220501 prec.>> 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 134 STAT. 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) <<NOTE: Deadlines.>> 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) <<NOTE: Reports.>> shall submit to Congress a summary
report of each review under paragraph (1); and
``(4) <<NOTE: Public information.>> 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 134 STAT. 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, <<NOTE: 36 USC 220501 prec.>>
is amended by striking the item relating to section
220521 and inserting the following:
``220521. Certification of national governing bodies.''.
[[Page 134 STAT. 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) <<NOTE: Criteria.>> ensures that the selection
criteria for individuals and teams that represent the United
States are--
``(A) <<NOTE: Determination. Consultation.>> 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) <<NOTE: Guidelines.>> demonstrates, based on
guidelines approved by the corporation, the Athletes' Advisory
Council, and the National Governing Bodies' Council, that--
``(A) <<NOTE: Criteria. Procedures.>> 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 134 STAT. 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 134 STAT. 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 134 STAT. 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) <<NOTE: Public information. Website. List.>>
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) <<NOTE: Notice.>> 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 134 STAT. 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) <<NOTE: Deadlines. Updates.>> not less frequently
than every 3 years, update such training materials.
``(f) Independence.--
``(1) <<NOTE: Time period.>> 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) <<NOTE: Time period.>> 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 134 STAT. 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) <<NOTE: Confidentiality.>>
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) <<NOTE: Time periods.>> Mandatory payments.--
``(A) <<NOTE: Effective date.>> 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) <<NOTE: Deadline.>> 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 134 STAT. 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) <<NOTE: Deadlines.>> In general.--Not less frequently
than annually, the Center shall carry out an audit of the
corporation and each national governing body--
``(A) <<NOTE: Assessment.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Time period. Reports.>>
Effect of noncompliance.--If the corporation fails
to enforce a corrective measure within 72
[[Page 134 STAT. 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) <<NOTE: Deadline. Public information.>> 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 134 STAT. 966]]
``(C) A finding of whether the corporation has
interfered in, or attempted to influence the outcome of,
an investigation by the Center.
``(D) <<NOTE: Recommenda- tions.>> 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), <<NOTE: 36 USC 220541 prec.>> 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, <<NOTE: 36 USC 220501 prec.>>
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 134 STAT. 967]]
(iii) by inserting after subparagraph (A) the
following:
``(B) <<NOTE: Requirement.>> 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) <<NOTE: Requirement.>> 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) <<NOTE: Time period.>>
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) <<NOTE: Determination.>> 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 134 STAT. 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 134 STAT. 969]]
``(A) <<NOTE: Web posting.>> 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) <<NOTE: Strategic plan.>> a strategic plan with
respect to the manner in which the Center shall fulfill its
duties under sections 220541 and 220542;
``(2) <<NOTE: Compliance.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Assessments.>> `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 134 STAT. 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) <<NOTE: Appointments.>> 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 134 STAT. 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) <<NOTE: Designations.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: Appointments.>> --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 134 STAT. 972]]
(i) <<NOTE: Review.>> 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) <<NOTE: Assessment.>> an assessment as
to whether the board of directors of the United
States Olympic and Paralympic Committee includes
diverse members, including athletes;
(iv) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Evaluation. Analysis.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Web posting.>> 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 134 STAT. 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. <<NOTE: 36 USC 220501 note.>> 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.
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