I 

116TH CONGRESS 

2D SESSION H. R. 7881 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2020 

Mr. TED LIEU of California (for himself, Mr. CURTIS, Ms. DEGETTE, Mrs. 

BROOKS of Indiana, Ms. KUSTER of New Hampshire, and Mr. BURGESS) 

introduced the following bill; which was referred to the Committee on the 

Judiciary, and in addition to the Committee on Education and Labor, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Empowering Olympic, 

3 Paralympic, and Amateur Athletes Act of 2020’’. 

4 SEC. 2. FINDINGS. 

5 Congress makes the following findings: 

6 (1) The courageous voice of survivors is a call 

7 to action to end emotional, physical, and sexual 

8 abuse in the Olympic and Paralympic movement. 

9 (2) Larry Nassar, the former national team 

10 doctor for USA Gymnastics, sexually abused over 

11 300 athletes for over two decades because of ineffec12 tive oversight by USA Gymnastics and the United 

13 States Olympic Committee. 

14 (3) While the case of Larry Nassar is unprece15 dented in scale, the case is hardly the only recent in16 cident of sexual abuse in amateur sports. 

17 (4) Survivors of Larry Nassar’s abuse and all 

18 survivors of abuse in the Olympic and Paralympic 

19 movement deserve justice and redress for the wrongs 

20 the survivors have suffered. 

21 (5) After a comprehensive congressional inves22 tigation, including interviews and statements from 

23 survivors, former and current organization officials, 

24 law enforcement, and advocates, Congress found 

25 that the United States Olympic Committee and USA 

26 Gymnastics fundamentally failed to uphold their exVerDate Sep 11 2014 04:29 Aug 22, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7881.IH H7881

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1 isting statutory purposes and duty to protect ama2 teur athletes from sexual, emotional, or physical 

3 abuse. 

4 (6) USA Gymnastics and the United States 

5 Olympic Committee knowingly concealed abuse by 

6 Larry Nassar, leading to the abuse of dozens of ad7 ditional amateur athletes during the period begin8 ning in the summer of 2015 and ending in Sep9 tember 2016. 

10 (7) Ending abuse in the Olympic and 

11 Paralympic movement requires enhanced oversight 

12 to ensure that the Olympic and Paralympic move13 ment does more to serve athletes and protect their 

14 voice and safety. 

15 SEC. 3. DEFINITIONS. 

16 Section 220501(b) of title 36, United States Code, 

17 is amended— 

18 (1) in paragraph (4), by striking ‘‘United 

19 States Center for Safe Sport’’ and inserting ‘‘United 

20 States Center for SafeSport’’; 

21 (2) in paragraph (6), by striking ‘‘United 

22 States Olympic Committee’’ and inserting ‘‘United 

23 States Olympic and Paralympic Committee’’; 

24 (3) by amending paragraph (8) to read as fol25 lows: 


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1 ‘‘(8) ‘national governing body’ means an ama2 teur sports organization, a high-performance man3 agement organization, or a paralympic sports orga4 nization that is certified by the corporation under 

5 section 220521.’’; 

6 (4) by striking paragraph (9); 

7 (5) by redesignating paragraphs (4), (5), (6), 

8 (7), (8), and (10) as paragraphs (5), (6), (7), (8), 

9 (9), and (12), respectively; 

10 (6) by inserting after paragraph (3) the fol11 lowing: 

12 ‘‘(4) ‘Athletes’ Advisory Council’ means the en13 tity established and maintained under section 

14 220504(b)(2)(A) that— 

15 ‘‘(A) is composed of, and elected by, ama16 teur athletes to ensure communication between 

17 the corporation and currently active amateur 

18 athletes; and 

19 ‘‘(B) serves as a source of amateur-athlete 

20 opinion and advice with respect to policies and 

21 proposed policies of the corporation.’’; and 

22 (7) by inserting after paragraph (9), as so re23 designated, the following: 

24 ‘‘(10) ‘protected individual’ means any amateur 

25 athlete, coach, trainer, manager, administrator, or 


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1 official associated with the corporation or a national 

2 governing body; and 

3 ‘‘(11) ‘retaliation’ means any adverse or dis4 criminatory action, or the threat of an adverse or 

5 discriminatory action, including removal from a 

6 training facility, reduced coaching or training, re7 duced meals or housing, and removal from competi8 tion, carried out against a protected individual as a 

9 result of any communication, including the filing of 

10 a formal complaint, by the protected individual or a 

11 parent or legal guardian of the protected individual 

12 relating to the allegation of physical abuse, sexual 

13 harassment, or emotional abuse, with— 

14 ‘‘(A) the Center; 

15 ‘‘(B) a coach, trainer, manager, adminis16 trator, or official associated with the corpora17 tion; 

18 ‘‘(C) the Attorney General; 

19 ‘‘(D) a Federal or State law enforcement 

20 authority; 

21 ‘‘(E) the Equal Employment Opportunity 

22 Commission; or 

23 ‘‘(F) Congress.’’. 


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1 SEC. 4. MODERNIZATION OF THE TED STEVENS OLYMPIC 

2 AND AMATEUR SPORTS ACT. 

3 (a) IN GENERAL.—Chapter 2205 of title 36, United 

4 States Code, is amended— 

5 (1) in the chapter heading, by striking 

6 ‘‘UNITED STATES OLYMPIC COM7 MITTEE’’ and inserting ‘‘UNITED STATES 

8 OLYMPIC AND PARALYMPIC COM9 MITTEE’’; 

10 (2) in section 220502, by amending subsection 

11 (c) to read as follows: 

12 ‘‘(c) REFERENCES TO UNITED STATES OLYMPIC AS13 SOCIATION AND UNITED STATES OLYMPIC COMMITTEE.— 

14 Any reference to the United States Olympic Association 

15 or the United States Olympic Committee is deemed to 

16 refer to the United States Olympic and Paralympic Com17 mittee.’’; 

18 (3) in section 220503— 

19 (A) in paragraph (3), by striking ‘‘and the 

20 Pan-American Games’’ each place it appears 

21 and inserting ‘‘the Pan-American Games, and 

22 the Parapan American Games’’; and 

23 (B) in paragraph (4), by striking ‘‘and 

24 Pan-American Games’’ and inserting ‘‘the Pan25 American Games, and the Parapan American 

26 Games’’; 


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1 (4) in section 220504(b)(3), by striking ‘‘or the 

2 Pan-American Games’’ and inserting ‘‘the Pan3 American Games, or the Parapan American Games’’; 

4 (5) in section 220505(c)— 

5 (A) in paragraph (3), by striking ‘‘and the 

6 Pan-American Games’’ and inserting ‘‘the Pan7 American Games, and the Parapan American 

8 Games’’; 

9 (B) by amending paragraph (4) to read as 

10 follows: 

11 ‘‘(4) certify national governing bodies for any 

12 sport that is included on the program of the Olympic 

13 Games, the Paralympic Games, the Pan-American 

14 Games, or the Parapan American Games;’’; and 

15 (C) in paragraph (5), by inserting ‘‘the 

16 Parapan American Games,’’ after ‘‘the Pan17 American Games,’’; 

18 (6) in section 220506— 

19 (A) in subsection (a)— 

20 (i) in paragraph (1), by striking 

21 ‘‘United States Olympic Committee’’ and 

22 inserting ‘‘United States Olympic and 

23 Paralympic Committee’’; 

24 (ii) in paragraph (2), by striking ‘‘3 

25 TaiGeuks’’ and inserting ‘‘3 Agitos’’; and 


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1 (iii) in paragraph (4), by inserting 

2 ‘‘ ‘Parapan American’,’’ after ‘‘ ‘Pan-Amer3 ican’,’’; 

4 (B) in subsection (b), by inserting ‘‘the 

5 Parapan American team,’’ after ‘‘the Pan6 American team,’’; and 

7 (C) in subsection (c)(3), by striking ‘‘or 

8 Pan-American Games activity’’ and inserting 

9 ‘‘Pan-American, or Parapan American Games 

10 activity’’; 

11 (7) in section 220509(a)— 

12 (A) in the first sentence, by inserting ‘‘the 

13 Parapan American Games,’’ after ‘‘the Pan14 American Games,’’; and 

15 (B) in the second sentence, by striking ‘‘or 

16 the Pan-American Games’’ and inserting ‘‘the 

17 Pan-American Games, or the Parapan Amer18 ican Games’’; 

19 (8) in section 220512, by striking ‘‘and Pan20 American Games’’ and inserting ‘‘Pan-American 

21 Games, and Parapan American Games’’; 

22 (9) in section 220523(a), by striking ‘‘and the 

23 Pan-American Games’’ each place it appears and in24 serting ‘‘the Pan-American Games, and the Parapan 

25 American Games’’; 


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1 (10) in section 220528(c)— 

2 (A) in subparagraph (A), by striking ‘‘or 

3 in both the Olympic and Pan-American Games’’ 

4 and inserting ‘‘or in each of the Olympic 

5 Games, the Paralympic Games, the Pan-Amer6 ican Games, and the Parapan American 

7 Games’’; and 

8 (B) by amending subparagraph (B) to read 

9 as follows: 

10 ‘‘(B) any Pan-American Games or 

11 Parapan American Games, for a sport in which 

12 competition is held in the Pan-American Games 

13 or the Parapan American Games, as applicable, 

14 but not in the Olympic Games or the 

15 Paralympic Games.’’; and 

16 (11) in section 220531, by striking ‘‘United 

17 States Olympic Committee’’ each place it appears 

18 and inserting ‘‘United States Olympic and 

19 Paralympic Committee’’. 

20 (b) CONFORMING AMENDMENT.—The table of chap21 ters for part B of subtitle II of title 36, United States 

22 Code, is amended by striking the item relating to chapter 

23 2205 and inserting the following: 

‘‘2205. United States Olympic and Paralympic 

Committee .......................................................................... 220501’’. 


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1 SEC. 5. CONGRESSIONAL OVERSIGHT OF UNITED STATES 

2 OLYMPIC AND PARALYMPIC COMMITTEE AND 

3 NATIONAL GOVERNING BODIES. 

4 (a) IN GENERAL.—Chapter 2205 of title 36, United 

5 States Code, is amended— 

6 (1) by redesignating the second subchapter des7 ignated as subchapter III (relating to the United 

8 States Center for SafeSport), as added by section 

9 202 of the Protecting Young Victims from Sexual 

10 Abuse and Safe Sport Authorization Act of 2017 

11 (Public Law 115–126; 132 Stat. 320) as subchapter 

12 IV; and 

13 (2) by adding at the end the following: 

14 ‘‘SUBCHAPTER V—DISSOLUTION OF BOARD OF 

15 DIRECTORS OF CORPORATION AND TERMI16 NATION OF RECOGNITION OF NATIONAL 

17 GOVERNING BODIES 

18 ‘‘§ 220551. Definitions 

19 ‘‘In this subchapter, the term ‘joint resolution’ means 

20 a joint resolution— 

21 ‘‘(1) which does not have a preamble; and 

22 ‘‘(2) for which— 

23 ‘‘(A)(i) the title is only as follows: ‘A joint 

24 resolution to dissolve the board of directors of 

25 the United States Olympic and Paralympic 

26 Committee’; and 


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1 ‘‘(ii) the matter after the resolving 

2 clause— 

3 ‘‘(I) is as follows: ‘That Congress 

4 finds that dissolving the board of directors 

5 of the United States Olympic and 

6 Paralympic Committee would not unduly 

7 interfere with the operations of chapter 

8 2205 of title 36, United States Code’; and 

9 ‘‘(II) prescribes adequate procedures 

10 for forming a board of directors of the cor11 poration as expeditiously as possible and in 

12 a manner that safeguards the membership 

13 and voting power of the representatives of 

14 amateur athletes at all times, consistent 

15 with the membership and voting power of 

16 amateur athletes under section 

17 220504(b)(2); or 

18 ‘‘(B)(i) the title is only as follows: ‘A joint 

19 resolution relating to terminating the recogni20 tion of a national governing body’; and 

21 ‘‘(ii) the matter after the resolving clause 

22 is only as follows: ‘That Congress determines 

23 that lllllllll, which is recognized 

24 as a national governing body under section 

25 220521 of title 36, United States Code, has 


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1 failed to fulfill its duties, as described in section 

2 220524 of title 36, United States Code’, the 

3 blank space being filled in with the name of the 

4 applicable national governing body. 

5 ‘‘§ 220552. Dissolution of board of directors of cor6 poration and termination of recognition 

7 of national governing bodies 

8 ‘‘(a) DISSOLUTION OF BOARD OF DIRECTORS OF

9 CORPORATION.—Effective on the date of enactment of a 

10 joint resolution described in section 220551(2)(A) with re11 spect to the board of directors of the corporation, such 

12 board of directors shall be dissolved. 

13 ‘‘(b) TERMINATION OF RECOGNITION OF NATIONAL

14 GOVERNING BODY.—Effective on the date of enactment 

15 of a joint resolution described in section 220551(2)(B) 

16 with respect to a national governing body, the recognition 

17 of the applicable amateur sports organization as a national 

18 governing body shall cease to have force or effect.’’. 

19 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

20 The table of sections for chapter 2205 of title 36, United 

21 States Code, is amended— 

22 (1) by striking the second item relating to sub23 chapter III (relating to the United States Center for 

24 SafeSport), as added by section 202 of the Pro25 tecting Young Victims from Sexual Abuse and Safe 


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1 Sport Authorization Act of 2017 (Public Law 115– 

2 126; 132 Stat. 320) and inserting the following: 

‘‘SUBCHAPTER IV—UNITED STATES CENTER FOR SAFESPORT’’; 

3 and 

4 (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.’’. 

5 (c) EFFECTIVE DATE.—The amendments made by 

6 this section shall take effect on the date that is 1 year 

7 after the date of the enactment of this Act. 

8 SEC. 6. MODIFICATIONS TO UNITED STATES OLYMPIC AND 

9 PARALYMPIC COMMITTEE. 

10 (a) PURPOSES OF THE CORPORATION.—Section 

11 220503 of title 36, United States Code, is amended— 

12 (1) in paragraph (9), by inserting ‘‘and access 

13 to’’ after ‘‘development of’’; 

14 (2) in paragraph (14), by striking ‘‘; and’’ and 

15 inserting a semicolon; 

16 (3) in paragraph (15), by striking the period at 

17 the end and inserting ‘‘; and’’; and 

18 (4) by adding at the end the following: 

19 ‘‘(16) to effectively oversee the national gov20 erning bodies with respect to compliance with and 

21 implementation of the policies and procedures of the 

22 corporation, including policies and procedures on the 


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1 establishment of a safe environment in sports as de2 scribed in paragraph (15).’’. 

3 (b) MEMBERSHIP AND REPRESENTATION.—Section 

4 220504 of title 36, United States Code, is amended— 

5 (1) in subsection (a), by inserting ‘‘, and mem6 bership shall be available only to national governing 

7 bodies’’ before the period at the end; 

8 (2) in subsection (b), by amending paragraph 

9 (2) to read as follows: 

10 ‘‘(2) amateur athletes who are actively engaged 

11 in amateur athletic competition or who have rep12 resented the United States in international amateur 

13 athletic competition, including through provisions 

14 that— 

15 ‘‘(A) establish and maintain an Athletes’ 

16 Advisory Council; 

17 ‘‘(B) ensure that the chair of the Athletes’ 

18 Advisory Council, or the designee of the chair, 

19 holds voting power on the board of directors of 

20 the corporation and in the committees and enti21 ties of the corporation; 

22 ‘‘(C) require that— 

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1 poration shall be composed of, and elected 

2 by, such amateur athletes; and 

3 ‘‘(ii) not less than 20 percent of the 

4 membership of the board of directors of 

5 the corporation shall be composed of ama6 teur athletes who— 

7 ‘‘(I) are actively engaged in rep8 resenting the United States in inter9 national amateur athletic competition; 

10 or 

11 ‘‘(II) have represented the 

12 United States in international ama13 teur athletic competition during the 

14 preceding 10-year period; and 

15 ‘‘(D) ensure that the membership and vot16 ing power held by such amateur athletes is not 

less than 1 17 ⁄3 percent of the membership and 

18 voting power held in the board of directors of 

19 the corporation and in the committees and enti20 ties of the corporation, including any panel em21 powered to resolve grievances;’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(c) CONFLICT OF INTEREST.—An athlete who rep24 resents athletes under subsection (b)(2) shall not be em25 ployed by the Center, or serve in a capacity that exercises 


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1 decision-making authority on behalf of the Center, during 

2 the 2-year period beginning on the date on which the ath3 lete ceases such representation. 

4 ‘‘(d) CERTIFICATION REQUIREMENTS.—The bylaws 

5 of the corporation shall include a description of all gen6 erally applicable certification requirements for member7 ship in the corporation.’’. 

8 (c) DUTIES.— 

9 (1) IN GENERAL.—Section 220505 of title 36, 

10 United States Code, is amended— 

11 (A) in the section heading, by striking 

12 ‘‘Powers’’ and inserting ‘‘Powers and du13 ties’’; and 

14 (B) by adding at the end the following: 

15 ‘‘(d) DUTIES.— 

16 ‘‘(1) IN GENERAL.—The duty of the corpora17 tion to amateur athletes includes the adoption, effec18 tive implementation, and enforcement of policies and 

19 procedures designed— 

20 ‘‘(A) to immediately report to law enforce21 ment and the Center any allegation of child 

22 abuse of an amateur athlete who is a minor; 

23 ‘‘(B) to ensure that each national gov24 erning body has in place policies and procedures 


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1 to report immediately any allegation of child 

2 abuse of an amateur athlete, consistent with— 

3 ‘‘(i) the policies and procedures devel4 oped under subparagraph (C) of section 

5 220541(a)(1); and 

6 ‘‘(ii) the requirement described in 

7 paragraph (2)(A) of section 220542(a); 

8 and 

9 ‘‘(C) to ensure that each national gov10 erning body and the corporation enforces tem11 porary measures and sanctions issued pursuant 

12 to the authority of the Center. 

13 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

14 this subsection shall be construed to preempt or oth15 erwise abrogate the duty of care of the corporation 

16 under State law or the common law.’’. 

17 (2) CONFORMING AMENDMENT.—The table of 

18 sections for chapter 2205 of title 36, United States 

19 Code, is amended by striking the item relating to 

20 section 220505 and inserting the following: 

‘‘220505. Powers and duties.’’. 

21 (d) RESTRICTIONS.— 

22 (1) POLICY WITH RESPECT TO ASSISTING MEM23 BERS OR FORMER MEMBERS IN OBTAINING JOBS.— 

24 Section 220507 of title 36, United States Code, is 

25 amended by adding at the end the following: 


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1 ‘‘(c) POLICY WITH RESPECT TO ASSISTING MEM2 BERS OR FORMER MEMBERS IN OBTAINING JOBS.—The 

3 corporation shall develop one or more policies that prohibit 

4 any individual who is an employee, contractor, or agent 

5 of the corporation from assisting a member or former 

6 member in obtaining a new job (except the routine trans7 mission of administrative and personnel files) if the indi8 vidual knows that such member or former member violated 

9 the policies or procedures of the Center related to sexual 

10 misconduct or was convicted of a crime involving sexual 

11 misconduct with a minor in violation of applicable law.’’. 

12 (2) POLICY WITH RESPECT TO TERMS AND

13 CONDITIONS OF EMPLOYMENT.— 

14 (A) IN GENERAL.—Section 220507 of title 

15 36, United States Code, as amended by para16 graph (1), is further amended by adding at the 

17 end the following: 

18 ‘‘(d) POLICY REGARDING TERMS AND CONDITIONS

19 OF EMPLOYMENT.—The corporation shall establish a pol20 icy— 

21 ‘‘(1) not to disperse bonus or severance pay to 

22 any individual named as a subject of an ethics inves23 tigation by the ethics committee of the corporation, 

24 until such individual is cleared of wrongdoing by 

25 such investigation; and 


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1 ‘‘(2) that provides that— 

2 ‘‘(A) if the ethics committee determines 

3 that an individual has violated the policies of 

4 the corporation— 

5 ‘‘(i) the individual is no longer enti6 tled to bonus or severance pay previously 

7 withheld; and 

8 ‘‘(ii) the compensation committee of 

9 the corporation may reduce or cancel the 

10 withheld bonus or severance pay; and 

11 ‘‘(B) in the case of an individual who is 

12 the subject of a criminal investigation, the eth13 ics committee shall investigate the individual.’’. 

14 (B) APPLICABILITY.—The amendment 

15 made by subparagraph (A) shall not apply to 

16 any term of employment for the disbursement 

17 of bonus or severance pay that is in effect as 

18 of the day before the date of the enactment of 

19 this Act. 

20 (e) RESOLUTION OF DISPUTES AND PROTECTING

21 ABUSE VICTIMS FROM RETALIATION.—Section 220509 of 

22 title 36, United States Code, is amended— 

23 (1) in subsection (a), in the first sentence, by 

24 inserting ‘‘complaints of retaliation or’’ after ‘‘relat25 ing to’’; 


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1 (2) by amending subsection (b) to read as fol2 lows: 

3 ‘‘(b) OFFICE OF THE ATHLETE OMBUDS.— 

4 ‘‘(1) IN GENERAL.—The corporation shall hire 

5 and provide salary, benefits, and administrative ex6 penses for an ombudsman and support staff for ath7 letes. 

8 ‘‘(2) DUTIES.—The Office of the Athlete 

9 Ombuds shall— 

10 ‘‘(A) provide independent advice to athletes 

11 at no cost about the applicable provisions of 

12 this chapter and the constitution and bylaws of 

13 the corporation, national governing bodies, 

14 international sports federations, the Inter15 national Olympic Committee, the International 

16 Paralympic Committee, and the Pan-American 

17 Sports Organization, and with respect to the 

18 resolution of any dispute involving the oppor19 tunity of an amateur athlete to participate in 

20 the Olympic Games, the Paralympic Games, the 

21 Pan-American Games, the Parapan American 

22 Games, world championship competition or 

23 other protected competition as defined in the 

24 constitution and bylaws of the corporation; 


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1 ‘‘(B) assist in the resolution of athlete con2 cerns; 

3 ‘‘(C) provide independent advice to athletes 

4 with respect to— 

5 ‘‘(i) the role, responsibility, authority, 

6 and jurisdiction of the Center; and 

7 ‘‘(ii) the relative value of engaging 

8 legal counsel; and 

9 ‘‘(D) report to the Athletes’ Advisory 

10 Council on a regular basis. 

11 ‘‘(3) HIRING PROCEDURES; VACANCY; TERMI12 NATION.— 

13 ‘‘(A) HIRING PROCEDURES.—The proce14 dure for hiring the ombudsman for athletes 

15 shall be as follows: 

16 ‘‘(i) The Athletes’ Advisory Council 

17 shall provide the corporation’s executive di18 rector with the name of 1 qualified person 

19 to serve as ombudsman for athletes. 

20 ‘‘(ii) The corporation’s executive di21 rector shall immediately transmit the name 

22 of such person to the corporation’s execu23 tive committee. 

24 ‘‘(iii) The corporation’s executive com25 mittee shall hire or not hire such person 


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1 after fully considering the advice and coun2 sel of the Athletes’ Advisory Council. 

3 ‘‘(B) VACANCY.—If there is a vacancy in 

4 the position of the ombudsman for athletes, the 

5 nomination and hiring procedure set forth in 

6 this paragraph shall be followed in a timely 

7 manner. 

8 ‘‘(C) TERMINATION.—The corporation may 

9 terminate the employment of an individual serv10 ing as ombudsman for athletes only if— 

11 ‘‘(i) the termination is carried out in 

12 accordance with the applicable policies and 

13 procedures of the corporation; 

14 ‘‘(ii) the termination is initially rec15 ommended to the corporation’s executive 

16 committee by either the corporation’s exec17 utive director or by the Athletes’ Advisory 

18 Council; and 

19 ‘‘(iii) the corporation’s executive com20 mittee fully considers the advice and coun21 sel of the Athletes’ Advisory Council prior 

22 to deciding whether or not to terminate the 

23 employment of such individual. 

24 ‘‘(4) CONFIDENTIALITY.— 


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1 ‘‘(A) IN GENERAL.—The Office of the Ath2 lete Ombuds shall maintain as confidential any 

3 information communicated or provided to the 

4 Office of the Athlete Ombuds in confidence in 

5 any matter involving the exercise of the official 

6 duties of the Office of the Athlete Ombuds. 

7 ‘‘(B) EXCEPTION.—The Office of the Ath8 lete Ombuds may disclose information described 

9 in subparagraph (A) as necessary to resolve or 

10 mediate a dispute, with the permission of the 

11 parties involved. 

12 ‘‘(C) JUDICIAL AND ADMINISTRATIVE PRO13 CEEDINGS.— 

14 ‘‘(i) IN GENERAL.—The ombudsman 

15 and the staff of the Office of the Athlete 

16 Ombuds shall not be compelled to testify 

17 or produce evidence in any judicial or ad18 ministrative proceeding with respect to any 

19 matter involving the exercise of the duties 

20 of the Office of the Athlete Ombuds. 

21 ‘‘(ii) WORK PRODUCT.—Any memo22 randum, work product, notes, or case file 

23 of the Office of the Athlete Ombuds— 

24 ‘‘(I) shall be confidential; and 

25 ‘‘(II) shall not be— 


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1 ‘‘(aa) subject to discovery, 

2 subpoena, or any other means of 

3 legal compulsion; or 

4 ‘‘(bb) admissible as evidence 

5 in a judicial or administrative 

6 proceeding. 

7 ‘‘(D) APPLICABILITY.—The confidentiality 

8 requirements under this paragraph shall not 

9 apply to information relating to— 

10 ‘‘(i) applicable federally mandated re11 porting requirements; 

12 ‘‘(ii) a felony personally witnessed by 

13 a member of the Office of the Athlete 

14 Ombuds; 

15 ‘‘(iii) a situation, communicated to the 

16 Office of the Athlete Ombuds, in which an 

17 individual is at imminent risk of serious 

18 harm; or 

19 ‘‘(iv) a congressional subpoena. 

20 ‘‘(E) DEVELOPMENT OF POLICY.— 

21 ‘‘(i) IN GENERAL.—Not later than 

22 180 days after the date of the enactment 

23 of the Empowering Olympic, Paralympic, 

24 and Amateur Athletes Act of 2020, the Of25 fice of the Athlete Ombuds shall develop 


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1 and publish in the Federal Register a con2 fidentiality and privacy policy consistent 

3 with this paragraph. 

4 ‘‘(ii) DISTRIBUTION.—The Office of 

5 the Athlete Ombuds shall distribute a copy 

6 of the policy developed under clause (i) 

7 to— 

8 ‘‘(I) employees of the national 

9 governing bodies; and 

10 ‘‘(II) employees of the corpora11 tion. 

12 ‘‘(iii) PUBLICATION BY NATIONAL

13 GOVERNING BODIES.—Each national gov14 erning body shall— 

15 ‘‘(I) publish the policy developed 

16 under clause (i) on the internet 

17 website of the national governing 

18 body; and 

19 ‘‘(II) communicate to amateur 

20 athletes the availability of the policy. 

21 ‘‘(5) PROHIBITION ON RETALIATION.—No em22 ployee, contractor, agent, volunteer, or member of 

23 the corporation shall take or threaten to take any 

24 action against an athlete as a reprisal for disclosing 


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1 information to or seeking assistance from the Office 

2 of the Athlete Ombuds. 

3 ‘‘(6) INDEPENDENCE IN CARRYING OUT DU4 TIES.—The board of directors of the corporation or 

5 any other member or employee of the corporation 

6 shall not prevent or prohibit the Office of the Ath7 lete Ombuds from carrying out any duty or responsi8 bility under this section.’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(c) RETALIATION.— 

11 ‘‘(1) IN GENERAL.—The corporation, the na12 tional governing bodies, or any officer, employee, 

13 contractor, subcontractor, or agent of the corpora14 tion or a national governing body may not retaliate 

15 against any protected individual as a result of any 

16 communication, including the filing of a formal com17 plaint, by a protected individual or a parent or legal 

18 guardian of the protected individual relating to an 

19 allegation of physical abuse, sexual harassment, or 

20 emotional abuse. 

21 ‘‘(2) DISCIPLINARY ACTION.—If the corporation 

22 finds that an employee of the corporation or a na23 tional governing body has retaliated against a pro24 tected individual, the corporation or national gov25 erning body, as applicable, shall immediately termiVerDate Sep 11 2014 04:29 Aug 22, 2020 Jkt 099200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H7881.IH H7881

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1 nate the employment of, or suspend without pay, 

2 such employee. 

3 ‘‘(3) DAMAGES.— 

4 ‘‘(A) IN GENERAL.—With respect to a pro5 tected individual the corporation finds to have 

6 been subject to retaliation, the corporation may 

7 award damages, including damages for pain 

8 and suffering and reasonable attorney fees. 

9 ‘‘(B) REIMBURSEMENT FROM NATIONAL

10 GOVERNING BODY.—In the case of a national 

11 governing body found to have retaliated against 

12 a protected individual, the corporation may de13 mand reimbursement from the national gov14 erning body for damages paid by the corpora15 tion under subparagraph (A).’’. 

16 (f) REPORTS AND AUDITS.— 

17 (1) IN GENERAL.—Section 220511 of title 36, 

18 United States Code, is amended to read as follows: 

19 ‘‘§ 220511. Reports and audits 

20 ‘‘(a) REPORT.— 

21 ‘‘(1) SUBMISSION TO PRESIDENT AND CON22 GRESS.—Not less frequently than annually, the cor23 poration shall submit simultaneously to the Presi24 dent and to each House of Congress a detailed reVerDate Sep 11 2014 04:29 Aug 22, 2020 Jkt 099200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H7881.IH H7881

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1 port on the operations of the corporation for the pre2 ceding calendar year. 

3 ‘‘(2) MATTERS TO BE INCLUDED.—Each report 

4 required by paragraph (1) shall include the fol5 lowing: 

6 ‘‘(A) A comprehensive description of the 

7 activities and accomplishments of the corpora8 tion during such calendar year. 

9 ‘‘(B) Data concerning the participation of 

10 women, disabled individuals, and racial and eth11 nic minorities in the amateur athletic activities 

12 and administration of the corporation and na13 tional governing bodies. 

14 ‘‘(C) A description of the steps taken to 

15 encourage the participation of women, disabled 

16 individuals, and racial minorities in amateur 

17 athletic activities. 

18 ‘‘(D) A description of any lawsuit or griev19 ance filed against the corporation, including any 

20 dispute initiated under this chapter. 

21 ‘‘(E) The agenda and minutes of any 

22 meeting of the board of directors of the cor23 poration that occurred during such calendar 

24 year. 


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1 ‘‘(F) A report by the compliance committee 

2 of the corporation that, with respect to such 

3 calendar year— 

4 ‘‘(i) identifies— 

5 ‘‘(I) the areas in which the cor6 poration has met compliance stand7 ards; and 

8 ‘‘(II) the areas in which the cor9 poration has not met compliance 

10 standards; and 

11 ‘‘(ii) assesses the compliance of each 

12 member of the corporation and provides a 

13 plan for improvement, as necessary. 

14 ‘‘(G) A detailed description of any com15 plaint of retaliation made during such calendar 

16 year, including the entity involved, the number 

17 of allegations of retaliation, and the outcome of 

18 such allegations. 

19 ‘‘(3) PUBLIC AVAILABILITY.—The corporation 

20 shall make each report under this subsection avail21 able to the public on an easily accessible internet 

22 website of the corporation. 

23 ‘‘(b) AUDIT.— 

24 ‘‘(1) IN GENERAL.—Not less frequently than 

25 annually, the financial statements of the corporation 


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1 for the preceding fiscal year shall be audited in ac2 cordance with generally accepted auditing standards 

3 by— 

4 ‘‘(A) an independent certified public ac5 countant; or 

6 ‘‘(B) an independent licensed public ac7 countant who is certified or licensed by the reg8 ulatory authority of a State or a political sub9 division of a State. 

10 ‘‘(2) LOCATION.—An audit under paragraph 

11 (1) shall be conducted at the location at which the 

12 financial statements of the corporation normally are 

13 kept. 

14 ‘‘(3) ACCESS.—An individual conducting an 

15 audit under paragraph (1) shall be given full access 

16 to— 

17 ‘‘(A) all records and property owned or 

18 used by the corporation, as necessary to facili19 tate the audit; and 

20 ‘‘(B) any facility under audit for the pur21 pose of verifying transactions, including any 

22 balance or security held by a depository, fiscal 

23 agent, or custodian. 

24 ‘‘(4) REPORT.— 


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1 ‘‘(A) IN GENERAL.—Not later than 180 

2 days after the end of the fiscal year for which 

3 an audit is carried out, the auditor shall submit 

4 a report on the audit to the Committee on 

5 Commerce, Science, and Transportation of the 

6 Senate, the Committee on the Judiciary of the 

7 House of Representatives, and the chair of the 

8 Athletes’ Advisory Council. 

9 ‘‘(B) MATTERS TO BE INCLUDED.—Each 

10 report under subparagraph (A) shall include the 

11 following for the applicable fiscal year: 

12 ‘‘(i) Any statement necessary to 

13 present fairly the assets, liabilities, and 

14 surplus or deficit of the corporation. 

15 ‘‘(ii) An analysis of the changes in the 

16 amounts of such assets, liabilities, and sur17 plus or deficit. 

18 ‘‘(iii) A detailed statement of the in19 come and expenses of the corporation, in20 cluding the results of any trading, manu21 facturing, publishing, or other commercial 

22 endeavor. 

23 ‘‘(iv) A detailed statement of the 

24 amounts spent on stipends and services for 

25 athletes. 


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1 ‘‘(v) A detailed statement of the 

2 amounts spent on compensation and serv3 ices for executives and administration offi4 cials of the corporation, including the 20 

5 employees of the corporation who receive 

6 the highest amounts of compensation. 

7 ‘‘(vi) A detailed statement of the 

8 amounts allocated to the national gov9 erning bodies. 

10 ‘‘(vii) Such comments and information 

11 as the auditor considers necessary to in12 form Congress of the financial operations 

13 and condition of the corporation. 

14 ‘‘(viii) Recommendations relating to 

15 the financial operations and condition of 

16 the corporation. 

17 ‘‘(ix) A description of any financial 

18 conflict of interest (including a description 

19 of any recusal or other mitigating action 

20 taken), evaluated in a manner consistent 

21 with the policies of the corporation, of— 

22 ‘‘(I) a member of the board of di23 rectors of the corporation; or 

24 ‘‘(II) any senior management 

25 personnel of the corporation. 


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1 ‘‘(C) PUBLIC AVAILABILITY.— 

2 ‘‘(i) IN GENERAL.—The corporation 

3 shall make each report under this para4 graph available to the public on an easily 

5 accessible internet website of the corpora6 tion. 

7 ‘‘(ii) PERSONALLY IDENTIFIABLE IN8 FORMATION.—A report made available 

9 under clause (i) shall not include the per10 sonally identifiable information of any indi11 vidual.’’. 

12 (2) CONFORMING AMENDMENT.—The table of 

13 sections for chapter 2205 of title 36, United States 

14 Code, is amended by striking the item relating to 

15 section 220511 and inserting the following: 

‘‘220511. Reports and audits.’’. 

16 (g) ANNUAL AMATEUR ATHLETE SURVEY.— 

17 (1) IN GENERAL.—Subchapter I of chapter 

18 2205 of title 36, United States Code, is amended by 

19 adding at the end the following: 

20 ‘‘§ 220513. Annual amateur athlete survey 

21 ‘‘(a) IN GENERAL.—Not less frequently than annu22 ally, the corporation shall cause an independent third23 party organization, under contract, to conduct an anony24 mous survey of amateur athletes who are actively engaged 

25 in amateur athletic competition with respect to— 


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1 ‘‘(1) their satisfaction with the corporation and 

2 the applicable national governing body; and 

3 ‘‘(2) the behaviors, attitudes, and feelings with4 in the corporation and the applicable national gov5 erning body relating to sexual harassment and 

6 abuse. 

7 ‘‘(b) CONSULTATION.—A contract under subsection 

8 (a) shall require the independent third-party organization 

9 to develop the survey in consultation with the Center. 

10 ‘‘(c) PROHIBITION ON INTERFERENCE.—If the cor11 poration or a national governing body makes any effort 

12 to undermine the independence of, introduce bias into, or 

13 otherwise influence a survey under subsection (a), such ac14 tivity shall be reported immediately to Congress. 

15 ‘‘(d) PUBLIC AVAILABILITY.— The corporation shall 

16 make the results of each such survey available to the pub17 lic on an internet website of the corporation.’’. 

18 (2) CONFORMING AMENDMENT.—The table of 

19 sections for chapter 2205 of title 36, United States 

20 Code, is amended by inserting after the item relating 

21 to 220512 the following: 

‘‘220513. Annual amateur athlete survey.’’. 

22 SEC. 7. MODIFICATIONS TO NATIONAL GOVERNING BODIES. 

23 (a) CERTIFICATION OF NATIONAL GOVERNING BOD24 IES.— 


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1 (1) IN GENERAL.—Section 220521 of title 36, 

2 United States Code, is amended— 

3 (A) in the section heading, by striking 

4 ‘‘Recognition of amateur sports orga5 nizations as national governing bod6 ies’’ and inserting ‘‘Certification of na7 tional governing bodies’’; 

8 (B) by amending subsection (a) to read as 

9 follows: 

10 ‘‘(a) IN GENERAL.—With respect to each sport in11 cluded on the program of the Olympic Games, the 

12 Paralympic Games, the Pan-American Games, or the 

13 Parapan American Games, the corporation— 

14 ‘‘(1) may certify as a national governing body 

15 an amateur sports organization, a high-performance 

16 management organization, or a paralympic sports 

17 organization that files an application and is eligible 

18 for such certification under section 220522; and 

19 ‘‘(2) may not certify more than 1 national gov20 erning body.’’; 

21 (C) in subsection (b), by striking ‘‘recog22 nizing’’ and inserting ‘‘certifying’’; 

23 (D) in subsection (c), by striking ‘‘recog24 nizing’’ and inserting ‘‘certifying’’; and 


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1 (E) by amending subsection (d) to read as 

2 follows: 

3 ‘‘(d) REVIEW OF CERTIFICATION.—Not later than 8 

4 years after the date of the enactment of the Empowering 

5 Olympic, Paralympic, and Amateur Athletes Act of 2020, 

6 and not less frequently than once every 4 years thereafter, 

7 the corporation— 

8 ‘‘(1) shall review all matters related to the con9 tinued certification of an organization as a national 

10 governing body; 

11 ‘‘(2) may take action the corporation considers 

12 appropriate, including placing conditions on the con13 tinued certification of an organization as a national 

14 governing body; 

15 ‘‘(3) shall submit to Congress a summary re16 port of each review under paragraph (1); and 

17 ‘‘(4) shall make each such summary report 

18 available to the public.’’. 

19 (2) TECHNICAL AND CONFORMING AMEND20 MENTS.— 

21 (A) Chapter 2205 of title 36, United 

22 States Code, is amended— 

23 (i) in section 220504(b), by amending 

24 paragraph (1) to read as follows: 


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1 ‘‘(1) national governing bodies, including 

2 through provisions that establish and maintain a 

3 National Governing Bodies’ Council that is com4 posed of representatives of the national governing 

5 bodies who are selected by their boards of directors 

6 or other governing boards to ensure effective com7 munication between the corporation and the national 

8 governing bodies;’’; 

9 (ii) in section 220512, by striking ‘‘or 

10 paralympic sports organization’’; 

11 (iii) in section 220522— 

12 (I) by striking subsection (b); 

13 and 

14 (II) in subsection (a)— 

15 (aa) by striking ‘‘recog16 nized’’ each place it appears and 

17 inserting ‘‘certified’’; 

18 (bb) by striking ‘‘recogni19 tion’’ each place it appears and 

20 inserting ‘‘certification’’; 

21 (cc) in paragraph (6), by 

22 striking ‘‘the Olympic Games or 

23 the Pan-American Games’’ and 

24 inserting ‘‘the Olympic Games, 

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1 American Games, or the Parapan 

2 American Games’’; 

3 (dd) in paragraph (11)— 

4 (AA) in the matter pre5 ceding subparagraph (A), by 

6 inserting ‘‘, high-perform7 ance management organiza8 tion, or paralympic sports 

9 organization’’ after ‘‘ama10 teur sports organization’’; 

11 and 

12 (BB) in subparagraph 

13 (B), by striking ‘‘amateur 

14 sports’’ and inserting ‘‘appli15 cable’’; 

16 (ee) in paragraph (14), by 

17 striking ‘‘or the Pan-American 

18 Games’’ and inserting ‘‘the Pan19 American Games, or the Parapan 

20 American Games’’; and 

21 (ff) by striking the sub22 section designation and heading 

23 and all that follows through ‘‘An 

24 amateur sports organization’’ 

25 and inserting ‘‘An amateur 


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1 sports organization, a high-per2 formance management organiza3 tion, or a paralympic sports orga4 nization’’; 

5 (iv) in section 220524, by striking 

6 ‘‘amateur sports’’ each place it appears; 

7 (v) in section 220528— 

8 (I) by striking ‘‘recognition’’ each 

9 place it appears and inserting ‘‘certifi10 cation’’; 

11 (II) by striking ‘‘recognize’’ each 

12 place it appears and inserting ‘‘cer13 tify’’; and 

14 (III) in subsection (g), in the 

15 subsection heading, by striking ‘‘REC16 OGNITION’’ and inserting ‘‘CERTIFI17 CATION’’; 

18 (vi) in section 220531— 

19 (I) by striking ‘‘, each national 

20 governing body, and each paralympic 

21 sports organization’’ each place it ap22 pears and inserting ‘‘and each na23 tional governing body’’; and 


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1 (II) in subsection (c)(2), by strik2 ing ‘‘each paralympic sports organiza3 tion,’’; 

4 (vii) in section 220541(d)(3), by strik5 ing subparagraph (C); 

6 (viii) in section 220542— 

7 (I) by striking ‘‘or paralympic 

8 sports organization’’ each place it ap9 pears; and 

10 (II) in subsection (a)(2)— 

11 (aa) in subparagraph (A), in 

12 the matter preceding clause (i), 

13 by striking ‘‘, a paralympic 

14 sports organization,’’; 

15 (bb) in subparagraph (E), 

16 by striking ‘‘or a paralympic 

17 sports organization of each na18 tional governing body and 

19 paralympic sports organization’’; 

20 and 

21 (cc) in subparagraph 

22 (F)(i)— 

23 (AA) by striking ‘‘, or 

24 an adult’’ and inserting ‘‘or 

25 an adult’’; 


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1 (BB) by striking ‘‘, 

2 paralympic sports organiza3 tion,’’; and 

4 (CC) by striking ‘‘, 

5 paralympic sports organiza6 tions,’’. 

7 (B) The table of sections for chapter 2205 

8 of title 36, United States Code, is amended by 

9 striking the item relating to section 220521 and 

10 inserting the following: 

‘‘220521. Certification of national governing bodies.’’. 

11 (b) ELIGIBILITY REQUIREMENTS WITH RESPECT TO

12 GOVERNING BOARDS.—Section 220522 of title 36, United 

13 States Code, as amended by subsection (a)(2), is further 

14 amended— 

15 (1) in paragraph (2), by inserting ‘‘, including 

16 the ability to provide and enforce required athlete 

17 protection policies and procedures’’ before the semi18 colon; 

19 (2) in paragraph (4)(B)— 

20 (A) by striking ‘‘conducted in accordance 

21 with the Commercial Rules of the American Ar22 bitration Association’’ and inserting ‘‘which ar23 bitration under this paragraph shall be con24 ducted in accordance with the standard com25 mercial arbitration rules of an established 


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1 major national provider of arbitration and me2 diation services based in the United States and 

3 designated by the corporation with the concur4 rence of the Athletes’ Advisory Council and the 

5 National Governing Bodies’ Council’’; and 

6 (B) by striking ‘‘Commercial Rules of Ar7 bitration’’ and inserting ‘‘standard commercial 

8 rules of arbitration of such designated pro9 vider’’; 

10 (3) in paragraph (5), in the matter preceding 

11 subparagraph (A), by inserting ‘‘except with respect 

12 to the oversight of the organization,’’ after ‘‘sport,’’; 

13 (4) by redesignating paragraphs (10) through 

14 (15) as paragraphs (11) through (16), respectively; 

15 (5) by inserting after paragraph (9) the fol16 lowing: 

17 ‘‘(10) ensures that the selection criteria for in18 dividuals and teams that represent the United 

19 States are— 

20 ‘‘(A) fair, as determined by the corporation 

21 in consultation with the national governing bod22 ies, the Athletes’ Advisory Council, and the 

23 United States Olympians and Paralympians As24 sociation; 


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1 ‘‘(B) clearly articulated in writing and 

2 properly communicated to athletes in a timely 

3 manner; and 

4 ‘‘(C) consistently applied, using objective 

5 and subjective criteria appropriate to the appli6 cable sport;’’; 

7 (6) by striking paragraph (13), as so redesig8 nated, and inserting the following: 

9 ‘‘(13) demonstrates, based on guidelines ap10 proved by the corporation, the Athletes’ Advisory 

11 Council, and the National Governing Bodies’ Coun12 cil, that— 

13 ‘‘(A) its board of directors and other such 

14 governing boards have established criteria and 

15 election procedures for, and maintain among 

16 their voting members, individuals who— 

17 ‘‘(i) are elected by amateur athletes; 

18 and 

19 ‘‘(ii) are actively engaged in amateur 

20 athletic competition, or have represented 

21 the United States in international amateur 

22 athletic competition, in the sport for which 

23 certification is sought; 

24 ‘‘(B) any exception to such guidelines by 

25 such organization has been approved by— 


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1 ‘‘(i) the corporation; and 

2 ‘‘(ii) the Athletes’ Advisory Council; 

3 and 

4 ‘‘(C) the voting power held by such individuals is not less than 1 5 ⁄3 of the voting power held 

6 by its board of directors and other such gov7 erning boards;’’; 

8 (7) in paragraph (15), as so redesignated, by 

9 striking ‘‘; and’’ and inserting a semicolon; 

10 (8) in paragraph (16), as so redesignated, by 

11 striking the period at the end and inserting a semi12 colon; and 

13 (9) by adding at the end the following: 

14 ‘‘(17) commits to submitting annual reports to 

15 the corporation that include, for each calendar 

16 year— 

17 ‘‘(A) a description of the manner in which 

18 the organization— 

19 ‘‘(i) carries out the mission to pro20 mote a safe environment in sports that is 

21 free from abuse of amateur athletes (in22 cluding emotional, physical, and sexual 

23 abuse); and 

24 ‘‘(ii) addresses any sanctions or tem25 porary measures required by the Center; 


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1 ‘‘(B) a description of any cause of action 

2 or complaint filed against the organization that 

3 was pending or settled during the preceding cal4 endar year; and 

5 ‘‘(C) a detailed statement of— 

6 ‘‘(i) the income and expenses of the 

7 organization; and 

8 ‘‘(ii) the amounts expended on sti9 pends, bonuses, and services for amateur 

10 athletes, organized by the level and gender 

11 of the amateur athletes; 

12 ‘‘(18) commits to meeting any minimum stand13 ard or requirement set forth by the corporation; and 

14 ‘‘(19) provides protection from retaliation to 

15 protected individuals.’’. 

16 (c) GENERAL DUTIES OF NATIONAL GOVERNING

17 BODIES.—Section 220524 of title 36, United States Code, 

18 is amended— 

19 (1) in the matter preceding paragraph (1), by 

20 striking ‘‘For the sport’’ and inserting the following: 

21 ‘‘(a) IN GENERAL.—For the sport’’; 

22 (2) in subsection (a), as so designated— 

23 (A) in paragraph (8), by striking ‘‘; and’’ 

24 and inserting a semicolon; 


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1 (B) in paragraph (9), by striking the pe2 riod at the end and inserting a semicolon; and 

3 (C) by adding at the end the following: 

4 ‘‘(10) develop one or more policies that prohibit 

5 any individual who is an employee, contractor, or 

6 agent of the national governing body from assisting 

7 a member or former member in obtaining a new job 

8 (except for the routine transmission of administra9 tive and personnel files) if the individual knows that 

10 such member or former member violated the policies 

11 or procedures of the Center related to sexual mis12 conduct or was convicted of a crime involving sexual 

13 misconduct with a minor in violation of applicable 

14 law or the policies or procedures of the Center; 

15 ‘‘(11) promote a safe environment in sports 

16 that is free from abuse of any amateur athlete, in17 cluding emotional, physical, and sexual abuse; 

18 ‘‘(12) take care to promote a safe environment 

19 in sports using information relating to any tem20 porary measure or sanction issued pursuant to the 

21 authority of the Center; 

22 ‘‘(13) immediately report to law enforcement 

23 any allegation of child abuse of an amateur athlete 

24 who is a minor; and 


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1 ‘‘(14) have in place policies and procedures to 

2 report immediately any allegation of child abuse of 

3 an amateur athlete, consistent with— 

4 ‘‘(A) the policies and procedures developed 

5 under subparagraph (C) of section 

6 220541(a)(1); and 

7 ‘‘(B) the requirement described in para8 graph (2)(A) of section 220542(a).’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec11 tion shall be construed to preempt or otherwise abrogate 

12 the duty of care of a national governing body under State 

13 law or the common law.’’. 

14 (d) ELIMINATION OF EXHAUSTION OF REMEDIES

15 REQUIREMENT.—Section 220527 of title 36, United 

16 States Code, is amended— 

17 (1) by striking subsection (b); 

18 (2) in subsection (c), by striking ‘‘If the cor19 poration’’ and all that follows through ‘‘subsection 

20 (b)(1) of this section, it’’ and inserting ‘‘The cor21 poration’’; and 

22 (3) by redesignating subsections (c) and (d) as 

23 subsections (b) and (c), respectively. 

24 (e) ARBITRATION OF CORPORATION DETERMINA25 TIONS.—Section 220529(a) of title 36, United States 


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1 Code, is amended by striking ‘‘any regional office of the 

2 American Arbitration Association’’ and inserting ‘‘the ar3 bitration and mediation provider designated by the cor4 poration under section 220522(a)(4)’’. 

5 (f) ENSURE LIMITATIONS ON COMMUNICATIONS ARE

6 INCLUDED IN LIMITATIONS ON INTERACTIONS.—Section 

7 220530(a) of title 36, United States Code, is amended— 

8 (1) in paragraph (2), by inserting ‘‘, including 

9 communications,’’ after ‘‘interactions’’; and 

10 (2) in paragraph (4), by striking ‘‘makes’’ and 

11 all that follows through the period at the end and 

12 inserting the following: ‘‘makes— 

13 ‘‘(A) a report under paragraph (1); or 

14 ‘‘(B) any other report relating to abuse of 

15 any amateur athlete, including emotional, phys16 ical, and sexual abuse.’’. 

17 SEC. 8. MODIFICATIONS TO UNITED STATES CENTER FOR 

18 SAFESPORT. 

19 (a) DESIGNATION OF UNITED STATES CENTER FOR

20 SAFESPORT.— 

21 (1) IN GENERAL.—Section 220541 of title 36, 

22 United States Code, is amended— 

23 (A) in the section heading by striking 

24 ‘‘SAFE SPORT’’ and inserting ‘‘SAFESPORT’’; 


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1 (B) by amending subsection (a) to read as 

2 follows: 

3 ‘‘(a) DUTIES OF CENTER.— 

4 ‘‘(1) IN GENERAL.—The United States Center 

5 for SafeSport shall— 

6 ‘‘(A) serve as the independent national safe 

7 sport organization and be recognized worldwide 

8 as the independent national safe sport organiza9 tion for the United States; 

10 ‘‘(B) exercise jurisdiction over the corpora11 tion and each national governing body with re12 gard to safeguarding amateur athletes against 

13 abuse, including emotional, physical, and sexual 

14 abuse, in sports; 

15 ‘‘(C) maintain an office for education and 

16 outreach that shall develop training, oversight 

17 practices, policies, and procedures to prevent 

18 the abuse, including emotional, physical, and 

19 sexual abuse, of amateur athletes participating 

20 in amateur athletic activities through national 

21 governing bodies; 

22 ‘‘(D) maintain an office for response and 

23 resolution that shall establish mechanisms that 

24 allow for the reporting, investigation, and reso25 lution, pursuant to subsection (c), of alleged 


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1 sexual abuse in violation of the Center’s policies 

2 and procedures; 

3 ‘‘(E) ensure that the mechanisms under 

4 subparagraph (D) provide fair notice and an 

5 opportunity to be heard and protect the privacy 

6 and safety of complainants; 

7 ‘‘(F) maintain an office for compliance and 

8 audit that shall— 

9 ‘‘(i) ensure that the national gov10 erning bodies and the corporation imple11 ment and follow the policies and proce12 dures developed by the Center to prevent 

13 and promptly report instances of abuse of 

14 amateur athletes, including emotional, 

15 physical, and sexual abuse; and 

16 ‘‘(ii) establish mechanisms that allow 

17 for the reporting and investigation of al18 leged violations of such policies and proce19 dures; 

20 ‘‘(G) publish and maintain a publicly ac21 cessible internet website that contains a com22 prehensive list of adults who are barred by the 

23 Center; and 

24 ‘‘(H) ensure that any action taken by the 

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1 tion of the Center, including an investigation, 

2 the imposition of sanctions, and any other dis3 ciplinary action, is carried out in a manner 

4 than provides procedural due process to the in5 dividual, including, at a minimum— 

6 ‘‘(i) the provision of written notice of 

7 the allegations against the individual; 

8 ‘‘(ii) a right to be represented by 

9 counsel or other advisor; 

10 ‘‘(iii) an opportunity to be heard dur11 ing the investigation; 

12 ‘‘(iv) in a case in which a violation is 

13 found, a reasoned written decision by the 

14 Center; and 

15 ‘‘(v) the ability to challenge, in a 

16 hearing or through arbitration, interim 

17 measures or sanctions imposed by the Cen18 ter. 

19 ‘‘(2) RULES OF CONSTRUCTION.—Nothing in 

20 this subsection shall be construed— 

21 ‘‘(A) to preclude the Center from imposing 

22 interim measures or sanctions on an individual 

23 before an opportunity for a hearing or arbitra24 tion; 


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1 ‘‘(B) to require the Center to meet a bur2 den of proof higher than the preponderance of 

3 the evidence; 

4 ‘‘(C) to give rise to a claim under State 

5 law or to create a private right of action; or 

6 ‘‘(D) to render the Center a state actor.’’; 

7 (C) in subsection (b), by striking ‘‘sub8 section (a)(3)’’ and inserting ‘‘subsection 

9 (a)(1)(C)’’; 

10 (D) in subsection (d), as amended by sec11 tion 7(a)(2)— 

12 (i) in paragraph (3), by inserting after 

13 subparagraph (B) the following: 

14 ‘‘(C) the corporation;’’; 

15 (ii) by redesignating paragraph (3) as 

16 paragraph (4); and 

17 (iii) by inserting after paragraph (2) 

18 the following: 

19 ‘‘(3) REMOVAL TO FEDERAL COURT.— 

20 ‘‘(A) IN GENERAL.—Any civil action 

21 brought in a State court against the Center re22 lating to the responsibilities of the Center under 

23 this section, section 220542, or section 220543, 

24 shall be removed, on request by the Center, to 

25 the district court of the United States in the 


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1 district in which the action was brought, and 

2 such district court shall have original jurisdic3 tion over the action without regard to the 

4 amount in controversy or the citizenship of the 

5 parties involved. 

6 ‘‘(B) RULE OF CONSTRUCTION.—Nothing 

7 in this chapter shall be construed to create a 

8 private right of action.’’; and 

9 (E) by adding at the end the following: 

10 ‘‘(e) TRAINING MATERIALS.—The office for edu11 cation and outreach referred to in subsection (a)(1)(C) 

12 shall— 

13 ‘‘(1) develop training materials for specific au14 diences, including coaches, trainers, doctors, young 

15 children, adolescents, adults, and individuals with 

16 disabilities; and 

17 ‘‘(2) not less frequently than every 3 years, up18 date such training materials. 

19 ‘‘(f) INDEPENDENCE.— 

20 ‘‘(1) PROHIBITION WITH RESPECT TO FORMER

21 EMPLOYEES AND BOARD MEMBERS.—A former em22 ployee or board member of the corporation or a na23 tional governing body shall not work or volunteer at 

24 the Center during the 2-year period beginning on 

25 the date on which the former employee or board 


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1 member ceases employment with the corporation or 

2 national governing body. 

3 ‘‘(2) ATHLETES SERVING ON BOARD OF DIREC4 TORS OF NATIONAL GOVERNING BODY.— 

5 ‘‘(A) IN GENERAL.—An athlete serving on 

6 the board of directors of a national governing 

7 body who is not otherwise employed by the na8 tional governing body, may volunteer at, or 

9 serve in an advisory capacity to, the Center. 

10 ‘‘(B) INELIGIBILITY FOR EMPLOYMENT.— 

11 An athlete who has served on the board of di12 rectors of a national governing body shall not 

13 be eligible for employment at the Center during 

14 the 2-year period beginning on the date on 

15 which the athlete ceases to serve on such board 

16 of directors. 

17 ‘‘(3) CONFLICTS OF INTEREST.—An executive 

18 or attorney for the Center shall be considered to 

19 have an inappropriate conflict of interest if the exec20 utive or attorney also represents the corporation or 

21 a national governing body. 

22 ‘‘(4) INVESTIGATIONS.— 

23 ‘‘(A) IN GENERAL.—The corporation and 

24 the national governing bodies shall not interfere 


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1 in, or attempt to influence the outcome of, an 

2 investigation. 

3 ‘‘(B) REPORT.—In the case of an attempt 

4 to interfere in, or influence the outcome of, an 

5 investigation, not later than 72 hours after such 

6 attempt, the Center shall submit to the Com7 mittee on Commerce, Science, and Transpor8 tation of the Senate and the Committee on En9 ergy and Commerce of the House of Represent10 atives a report describing the attempt. 

11 ‘‘(C) WORK PRODUCT.— 

12 ‘‘(i) IN GENERAL.—Any decision, re13 port, memorandum, work product, notes, 

14 or case file of the Center— 

15 ‘‘(I) shall be confidential; and 

16 ‘‘(II) shall not be subject to dis17 covery, subpoena, or any other means 

18 of legal compulsion in any civil action 

19 in which the Center is not a party to 

20 the action. 

21 ‘‘(ii) RULE OF CONSTRUCTION.— 

22 Nothing in this subparagraph shall be con23 strued to prohibit the Center from pro24 viding work product described in clause (i) 

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1 pose of assisting in a criminal investiga2 tion. 

3 ‘‘(g) FUNDING.— 

4 ‘‘(1) MANDATORY PAYMENTS.— 

5 ‘‘(A) FISCAL YEAR 2020.—Not later than 

6 30 days after the date of the enactment of this 

7 subsection, the corporation shall make a man8 datory payment of $20,000,000 to the Center 

9 for operating costs of the Center for fiscal year 

10 2020. 

11 ‘‘(B) SUBSEQUENT FISCAL YEARS.—Begin12 ning on January 1, 2020, the corporation shall 

13 make a mandatory payment of $20,000,000 to 

14 the Center on January 1 each year for oper15 ating costs of the Center. 

16 ‘‘(2) FUNDS FROM NATIONAL GOVERNING BOD17 IES.—The corporation may use funds received from 

18 one or more national governing bodies to make a 

19 mandatory payment required by paragraph (1). 

20 ‘‘(3) FAILURE TO COMPLY.— 

21 ‘‘(A) IN GENERAL.—The Center may file a 

22 lawsuit to compel payment under paragraph 

23 (1). 

24 ‘‘(B) PENALTY.—For each day of late or 

25 incomplete payment of a mandatory payment 


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1 under paragraph (1) after January 1 of the ap2 plicable year, the Center shall be allowed to re3 cover from the corporation an additional 

4 $20,000. 

5 ‘‘(4) ACCOUNTABILITY.— 

6 ‘‘(A) IN GENERAL.—Amounts transferred 

7 to the Center by the corporation or a national 

8 governing body shall be used, in accordance 

9 with section 220503(15), primarily for the pur10 pose of carrying out the duties and require11 ments under sections 220541 through 220543 

12 with respect to the investigation and resolution 

13 of allegations of sexual misconduct, or other 

14 misconduct, made by amateur athletes. 

15 ‘‘(B) USE OF FUNDS.— 

16 ‘‘(i) IN GENERAL.—Of the amounts 

17 made available to the Center by the cor18 poration or a national governing body in a 

19 fiscal year for the purpose described in sec20 tion 220503(15)— 

21 ‘‘(I) not less than 50 percent 

22 shall be used for processing the inves23 tigation and resolution of allegations 

24 described in subparagraph (A); and 


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1 ‘‘(II) not more than 10 percent 

2 may be used for executive compensa3 tion of officers and directors of the 

4 Center. 

5 ‘‘(ii) RESERVE FUNDS.— 

6 ‘‘(I) IN GENERAL.—If, after the 

7 Center uses the amounts as allocated 

8 under clause (i), the Center does not 

9 use the entirety of the remaining 

10 amounts for the purpose described in 

11 subparagraph (A), the Center may re12 tain not more than 25 percent of such 

13 amounts as reserve funds. 

14 ‘‘(II) RETURN OF FUNDS.—The 

15 Center shall return to the corporation 

16 and national governing bodies any 

17 amounts, proportional to the contribu18 tions of the corporation and national 

19 governing bodies, that remain after 

20 the retention described in subclause 

21 (I). 

22 ‘‘(iii) LOBBYING AND FUNDRAISING.— 

23 Amounts made available to the Center 

24 under this paragraph may not be used for 

25 lobbying or fundraising expenses. 


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1 ‘‘(h) COMPLIANCE AUDITS.— 

2 ‘‘(1) IN GENERAL.—Not less frequently than 

3 annually, the Center shall carry out an audit of the 

4 corporation and each national governing body— 

5 ‘‘(A) to assess compliance with policies and 

6 procedures developed under this subchapter; 

7 and 

8 ‘‘(B) to ensure that consistent training re9 lating to the prevention of child abuse is pro10 vided to all staff of the corporation and national 

11 governing bodies who are in regular contact 

12 with amateur athletes and members who are 

13 minors subject to parental consent. 

14 ‘‘(2) CORRECTIVE MEASURES.— 

15 ‘‘(A) IN GENERAL.—The Center may im16 pose on the corporation or a national governing 

17 body a corrective measure to achieve compliance 

18 with the policies and procedures developed 

19 under this subchapter or the training require20 ment described in paragraph (1)(B). 

21 ‘‘(B) INCLUSIONS.—A corrective measure 

22 imposed under subparagraph (A) may include 

23 the implementation of an athlete safety pro24 gram or specific policies, additional compliance 


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1 audits or training, and the imposition of a pro2 bationary period. 

3 ‘‘(C) ENFORCEMENT.— 

4 ‘‘(i) IN GENERAL.—On request by the 

5 Center, the corporation shall— 

6 ‘‘(I) enforce any corrective meas7 ure required under subparagraph (A); 

8 and 

9 ‘‘(II) report the status of enforce10 ment with respect to a national gov11 erning body within a reasonable time12 frame. 

13 ‘‘(ii) METHODS.—The corporation 

14 may enforce a corrective measure through 

15 any means available to the corporation, in16 cluding by withholding funds from a na17 tional governing body, limiting the partici18 pation of the national governing body in 

19 corporation events, and decertifying a na20 tional governing body. 

21 ‘‘(iii) EFFECT OF NONCOMPLIANCE.— 

22 If the corporation fails to enforce a correc23 tive measure within 72 hours of a request 

24 under clause (i), the Center may submit to 

25 the Committee on Commerce, Science, and 


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1 Transportation of the Senate and the 

2 Committee on Energy and Commerce of 

3 the House of Representatives a report de4 scribing the noncompliance. 

5 ‘‘(3) ANNUAL REPORT.— 

6 ‘‘(A) IN GENERAL.—Not less frequently 

7 than annually, the Center shall submit to Con8 gress a report on the findings of the audit 

9 under paragraph (1) for the preceding year and 

10 the status of any corrective measures imposed 

11 as a result of the audit. 

12 ‘‘(B) PUBLIC AVAILABILITY.— 

13 ‘‘(i) IN GENERAL.—Each report under 

14 subparagraph (A) shall be made available 

15 to the public. 

16 ‘‘(ii) PERSONALLY IDENTIFIABLE IN17 FORMATION.—A report made available to 

18 the public shall not include the personally 

19 identifiable information of any individual. 

20 ‘‘(i) REPORTS TO CORPORATION.—Not later than 30 

21 days after the end of each calendar quarter that begins 

22 after the date of the enactment of the Empowering Olym23 pic, Paralympic, and Amateur Athletes Act of 2020, the 

24 Center shall submit to the corporation a statement of the 

25 following: 


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1 ‘‘(1) The number and nature of misconduct 

2 complaints referred to the Center, by sport. 

3 ‘‘(2) The number and type of pending mis4 conduct complaints under investigation by the Cen5 ter. 

6 ‘‘(3) The number of misconduct complaints for 

7 which an investigation was terminated or otherwise 

8 closed by the Center. 

9 ‘‘(4) The number of such misconduct com10 plaints reported to law enforcement agencies by the 

11 Center for further investigation. 

12 ‘‘(5) The number of discretionary cases accept13 ed or declined by the Center, by sport. 

14 ‘‘(6) The average time required for resolution of 

15 such cases and misconduct complaints. 

16 ‘‘(7) Information relating to the educational ac17 tivities and trainings conducted by the office of edu18 cation and outreach of the Center during the pre19 ceding quarter, including the number of educational 

20 activities and trainings developed and provided. 

21 ‘‘(j) CERTIFICATIONS OF INDEPENDENCE.— 

22 ‘‘(1) IN GENERAL.—Not later than 180 days 

23 after the end of a fiscal year, the Comptroller Gen24 eral of the United States shall make available to the 


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1 public a certification relating to the Center’s inde2 pendence from the corporation. 

3 ‘‘(2) ELEMENTS.—A certification required by 

4 paragraph (1) shall include the following: 

5 ‘‘(A) A finding of whether a violation of a 

6 prohibition on employment of former employees 

7 or board members of the corporation under sub8 section (f) has occurred during the year pre9 ceding the certification. 

10 ‘‘(B) A finding of whether an executive or 

11 attorney for the Center has had an inappro12 priate conflict of interest during that year. 

13 ‘‘(C) A finding of whether the corporation 

14 has interfered in, or attempted to influence the 

15 outcome of, an investigation by the Center. 

16 ‘‘(D) Any recommendations of the Comp17 troller General for resolving any potential risks 

18 to the Center’s independence from the corpora19 tion. 

20 ‘‘(3) AUTHORITY OF COMPTROLLER GEN21 ERAL.— 

22 ‘‘(A) IN GENERAL.—The Comptroller Gen23 eral may take such reasonable steps as, in the 

24 view of the Comptroller General, are necessary 


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1 to be fully informed about the operations of the 

2 corporation and the Center. 

3 ‘‘(B) SPECIFIC AUTHORITIES.—The Comp4 troller General shall have— 

5 ‘‘(i) access to, and the right to make 

6 copies of, any and all nonprivileged books, 

7 records, accounts, correspondence, files, or 

8 other documents or electronic records, in9 cluding emails, of officers, agents, and em10 ployees of the Center or the corporation; 

11 and 

12 ‘‘(ii) the right to interview any officer, 

13 employee, agent, or consultant of the Cen14 ter or the corporation. 

15 ‘‘(C) TREATMENT OF PRIVILEGED INFOR16 MATION.—If, under this subsection, the Comp17 troller General seeks access to information con18 tained within privileged documents or materials 

19 in the possession of the Center or the corpora20 tion, the Center or the corporation, as the case 

21 may be, shall, to the maximum extent prac22 ticable, provide the Comptroller General with 

23 the information without compromising the ap24 plicable privilege.’’. 


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1 (2) TECHNICAL AND CONFORMING AMEND2 MENTS.— 

3 (A) Subchapter IV of chapter 2205 of title 

4 36, United States Code, as redesignated by sec5 tion 5(a)(1), is amended in the subchapter 

6 heading by striking ‘‘SAFE SPORT’’ and in7 serting ‘‘SAFESPORT’’. 

8 (B) The table of sections for chapter 2205 

9 of title 36, United States Code, is amended by 

10 striking the item relating to section 220541 and 

11 inserting the following: 

‘‘220541. Designation of United States Center for SafeSport.’’. 

12 (b) ADDITIONAL DUTIES OF CENTER.—Section 

13 220542 of title 36, United States Code, is amended— 

14 (1) in the section heading, by striking the pe15 riod at the end; and 

16 (2) in subsection (a)— 

17 (A) in paragraph (1), by striking ‘‘; and’’ 

18 and inserting a semicolon; and 

19 (B) in paragraph (2)— 

20 (i) in subparagraph (A), by striking 

21 clauses (i) and (ii) and inserting the fol22 lowing: 

23 ‘‘(i) law enforcement consistent with 

24 section 226 of the Victims of Child Abuse 

25 Act of 1990 (34 U.S.C. 20341); and 


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1 ‘‘(ii) the Center, whenever such mem2 bers or adults learn of facts leading them 

3 to suspect reasonably that an amateur ath4 lete who is a minor has suffered an inci5 dent of child abuse;’’; 

6 (ii) by redesignating subparagraphs 

7 (B) through (F) as subparagraphs (E) 

8 through (I), respectively; 

9 (iii) by inserting after subparagraph 

10 (A) the following: 

11 ‘‘(B) a requirement that the Center shall 

12 immediately report to law enforcement con13 sistent with section 226 of the Victims of Child 

14 Abuse Act of 1990 (34 U.S.C. 20341) any alle15 gation of child abuse of an amateur athlete who 

16 is a minor, including any report of such abuse 

17 submitted to the Center by a minor or by any 

18 person who is not otherwise required to report 

19 such abuse; 

20 ‘‘(C) one or more policies that prohibit any 

21 individual who is an employee, contractor, or 

22 agent of the Center from assisting a member or 

23 former member in obtaining a new job (except 

24 for the routine transmission of administrative 

25 and personnel files) if the individual knows that 


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1 such member or former member violated the 

2 policies or procedures of the Center related to 

3 sexual misconduct or was convicted of a crime 

4 involving sexual misconduct with a minor in vio5 lation of applicable law; 

6 ‘‘(D) a requirement that the Center, in7 cluding any officer, agent, attorney, or staff 

8 member of the Center, shall not take any action 

9 to notify an alleged perpetrator of abuse of an 

10 amateur athlete of any ongoing investigation or 

11 accusation unless— 

12 ‘‘(i) the Center has reason to believe 

13 an imminent hazard will result from failing 

14 to so notify the alleged perpetrator; or 

15 ‘‘(ii) law enforcement— 

16 ‘‘(I) authorizes the Center to 

17 take such action; or 

18 ‘‘(II) declines or fails to act on, 

19 or fails to respond to the Center with 

20 respect to, the allegation within 72 

21 hours after the time at which the Cen22 ter reports to law enforcement under 

23 subparagraph (B);’’; 


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1 (iv) in subparagraph (F), as so redes2 ignated, by inserting ‘‘, including commu3 nications,’’ after ‘‘interactions’’; 

4 (v) by amending subparagraph (G), as 

5 so redesignated, to read as follows: 

6 ‘‘(G) procedures to prohibit retaliation by 

7 the corporation or any national governing body 

8 against any individual who makes— 

9 ‘‘(i) a report under subparagraph (A) 

10 or (E); or 

11 ‘‘(ii) any other report relating to 

12 abuse of any amateur athlete, including 

13 emotional, physical, and sexual abuse;’’; 

14 (vi) in subparagraph (H), as so redes15 ignated, by striking ‘‘; and’’ and inserting 

16 a semicolon; 

17 (vii) in subparagraph (I), as so redes18 ignated, by striking the period at the end 

19 of clause (ii) and inserting a semicolon; 

20 and 

21 (viii) by adding at the end the fol22 lowing: 

23 ‘‘(J) a prohibition on the use in a decision 

24 of the Center under section 220541(a)(1)(D) of 

25 any evidence relating to other sexual behavior 


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1 or the sexual predisposition of the alleged vic2 tim, or the admission of any such evidence in 

3 arbitration, unless the probative value of the 

4 use or admission of such evidence, as deter5 mined by the Center or the arbitrator, as appli6 cable, substantially outweighs the danger of— 

7 ‘‘(i) any harm to the alleged victim; 

8 and 

9 ‘‘(ii) unfair prejudice to any party; 

10 and 

11 ‘‘(K) training for investigators on appro12 priate methods and techniques for ensuring sen13 sitivity toward alleged victims during interviews 

14 and other investigative activities.’’. 

15 (c) RECORDS, AUDITS, AND REPORTS.—Section 

16 220543 of title 36, United States Code, is amended— 

17 (1) by striking subsection (b) and inserting the 

18 following: 

19 ‘‘(b) AUDITS AND TRANSPARENCY.— 

20 ‘‘(1) ANNUAL AUDIT.— 

21 ‘‘(A) IN GENERAL.—Not less frequently 

22 than annually, the financial statements of the 

23 Center for the preceding fiscal year shall be au24 dited by an independent auditor in accordance 

25 with generally accepted accounting principles— 


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1 ‘‘(i) to ensure the adequacy of the in2 ternal controls of the Center; and 

3 ‘‘(ii) to prevent waste, fraud, or mis4 use of funds transferred to the Center by 

5 the corporation or the national governing 

6 bodies. 

7 ‘‘(B) LOCATION.—An audit under sub8 paragraph (A) shall be conducted at the loca9 tion at which the financial statements of the 

10 Center normally are kept. 

11 ‘‘(C) REPORT.—Not later than 180 days 

12 after the date on which an audit under sub13 paragraph (A) is completed, the independent 

14 auditor shall issue an audit report. 

15 ‘‘(D) CORRECTIVE ACTION PLAN.— 

16 ‘‘(i) IN GENERAL.—On completion of 

17 the audit report under subparagraph (C) 

18 for a fiscal year, the Center shall prepare, 

19 in a separate document, a corrective action 

20 plan that responds to any corrective action 

21 recommended by the independent auditor. 

22 ‘‘(ii) MATTERS TO BE INCLUDED.—A 

23 corrective action plan under clause (i) shall 

24 include the following for each such correc25 tive action: 


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1 ‘‘(I) The name of the person re2 sponsible for the corrective action. 

3 ‘‘(II) A description of the 

4 planned corrective action. 

5 ‘‘(III) The anticipated completion 

6 date of the corrective action. 

7 ‘‘(IV) In the case of a rec8 ommended corrective action based on 

9 a finding in the audit report with 

10 which the Center disagrees, or for 

11 which the Center determines that cor12 rective action is not required, an ex13 planation and a specific reason for 

14 noncompliance with the recommenda15 tion. 

16 ‘‘(2) ACCESS TO RECORDS AND PERSONNEL.— 

17 With respect to an audit under paragraph (1), the 

18 Center shall provide the independent auditor access 

19 to all records, documents, and personnel and finan20 cial statements of the Center necessary to carry out 

21 the audit. 

22 ‘‘(3) PUBLIC AVAILABILITY.— 

23 ‘‘(A) IN GENERAL.—The Center shall 

24 make available to the public on an easily acces25 sible internet website of the Center— 


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1 ‘‘(i) each audit report under para2 graph (1)(C); 

3 ‘‘(ii) the Internal Revenue Service 

4 Form 990 of the Center for each year, 

5 filed under section 501(c) of the Internal 

6 Revenue Code of 1986; and 

7 ‘‘(iii) the minutes of the quarterly 

8 meetings of the board of directors of the 

9 Center. 

10 ‘‘(B) PERSONALLY IDENTIFIABLE INFOR11 MATION.—An audit report or the minutes made 

12 available under subparagraph (A) shall not in13 clude the personally identifiable information of 

14 any individual. 

15 ‘‘(4) RULE OF CONSTRUCTION.—For purposes 

16 of this subsection, the Center shall be considered a 

17 private entity. 

18 ‘‘(c) REPORT.—The Center shall submit an annual 

19 report to Congress, including— 

20 ‘‘(1) a strategic plan with respect to the man21 ner in which the Center shall fulfill its duties under 

22 sections 220541 and 220542; 

23 ‘‘(2) a detailed description of the efforts made 

24 by the Center to comply with such strategic plan 

25 during the preceding year; 


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1 ‘‘(3) any financial statement necessary to 

2 present fairly the assets, liabilities, and surplus or 

3 deficit of the Center for the preceding year; 

4 ‘‘(4) an analysis of the changes in the amounts 

5 of such assets, liabilities, and surplus or deficit dur6 ing the preceding year; 

7 ‘‘(5) a detailed description of Center activities, 

8 including— 

9 ‘‘(A) the number and nature of misconduct 

10 complaints referred to the Center; 

11 ‘‘(B) the total number and type of pending 

12 misconduct complaints under investigation by 

13 the Center; 

14 ‘‘(C) the number of misconduct complaints 

15 for which an investigation was terminated or 

16 otherwise closed by the Center; and 

17 ‘‘(D) the number of such misconduct com18 plaints reported to law enforcement agencies by 

19 the Center for further investigation; 

20 ‘‘(6) a detailed description of any complaint of 

21 retaliation made during the preceding year by an of22 ficer or employee of the Center or a contractor or 

23 subcontractor of the Center that includes— 

24 ‘‘(A) the number of such complaints; and 

25 ‘‘(B) the outcome of each such complaint; 


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1 ‘‘(7) information relating to the educational ac2 tivities and trainings conducted by the office of edu3 cation and outreach of the Center during the pre4 ceding year, including the number of educational ac5 tivities and trainings developed and provided; and 

6 ‘‘(8) a description of the activities of the Cen7 ter. 

8 ‘‘(d) DEFINITIONS.—In this section— 

9 ‘‘(1) ‘audit report’ means a report by an inde10 pendent auditor that includes— 

11 ‘‘(A) an opinion or a disclaimer of opinion 

12 that presents the assessment of the independent 

13 auditor with respect to the financial records of 

14 the Center, including whether such records are 

15 accurate and have been maintained in accord16 ance with generally accepted accounting prin17 ciples; 

18 ‘‘(B) an assessment of the internal controls 

19 used by the Center that describes the scope of 

20 testing of the internal controls and the results 

21 of such testing; and 

22 ‘‘(C) a compliance assessment that in23 cludes an opinion or a disclaimer of opinion as 

24 to whether the Center has complied with the 

25 terms and conditions of subsection (b); and 


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1 ‘‘(2) ‘independent auditor’ means an inde2 pendent certified public accountant or independent 

3 licensed public accountant, certified or licensed by a 

4 regulatory authority of a State or a political subdivi5 sion of a State, who meets the standards specified 

6 in generally accepted accounting principles.’’. 

7 SEC. 9. EXEMPTION FROM AUTOMATIC STAY IN BANK8 RUPTCY CASES. 

9 Section 362(b) of title 11, United States Code, is 

10 amended— 

11 (1) in paragraph (27), by striking ‘‘and’’ at the 

12 end; 

13 (2) in paragraph (28), by striking the period at 

14 the end and inserting ‘‘; and’’; and 

15 (3) by inserting after paragraph (28) the fol16 lowing: 

17 ‘‘(29) under subsection (a)(1) of this section, of 

18 any action by— 

19 ‘‘(A) an amateur sports organization, as 

20 defined in section 220501(b) of title 36, to re21 place a national governing body, as defined in 

22 that section, under section 220528 of that title; 

23 or 

24 ‘‘(B) the corporation, as defined in section 

25 220501(b) of title 36, to revoke the certification 


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1 of a national governing body, as defined in that 

2 section, under section 220521 of that title.’’. 

3 SEC. 10. ENHANCED CHILD ABUSE REPORTING. 

4 Section 226(c)(9) of the Victims of Child Abuse Act 

5 of 1990 (34 U.S.C. 20341(c)(9)) is amended— 

6 (1) by striking ‘‘adult who is authorized’’ and 

7 inserting the following: ‘‘adult who— 

8 ‘‘(A) is authorized’’; 

9 (2) in subparagraph (A), as so designated, by 

10 inserting ‘‘or’’ after the semicolon at the end; and 

11 (3) by adding at the end the following: 

12 ‘‘(B) is an employee or representative of 

13 the United States Center for SafeSport;’’. 

14 SEC. 11. COMMISSION ON THE STATE OF U.S. OLYMPICS 

15 AND PARALYMPICS. 

16 (a) ESTABLISHMENT.—There is established within 

17 the legislative branch a commission, to be known as the 

18 ‘‘Commission on the State of U.S. Olympics and 

19 Paralympics’’ (referred to in this section as the ‘‘Commis20 sion’’). 

21 (b) COMPOSITION.— 

22 (1) IN GENERAL.—The Commission shall be 

23 composed of 16 members, of whom— 


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1 (A) 4 members shall be appointed by the 

2 chairman of the Committee on Commerce, 

3 Science, and Transportation of the Senate; 

4 (B) 4 members shall be appointed by the 

5 ranking member of the Committee on Com6 merce, Science, and Transportation of the Sen7 ate; 

8 (C) 4 members shall be appointed by the 

9 chairman of the Committee on Energy and 

10 Commerce of the House of Representatives; and 

11 (D) 4 members shall be appointed by the 

12 ranking member of the Committee on Energy 

13 and Commerce of the House of Representatives. 

14 (2) CO-CHAIRS.—Of the members of the Com15 mission— 

16 (A) 1 co-chair shall be designated by the 

17 chairman of the Committee on Commerce, 

18 Science, and Transportation of the Senate; and 

19 (B) 1 co-chair shall be designated by the 

20 chairman of the Committee on Energy and 

21 Commerce of the House of Representatives. 

22 (3) QUALIFICATIONS.— 

23 (A) IN GENERAL.—Each member ap24 pointed to the Commission shall have the fol25 lowing qualifications: 


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1 (i) Experience in one or more of the 

2 following: 

3 (I) Amateur, Olympic and Para4 lympic, or professional athletics. 

5 (II) Elite athletic coaching. 

6 (III) Public service relating to 

7 sports. 

8 (IV) Professional advocacy for in9 creased minority participation in 

10 sports. 

11 (V) Olympic and Paralympic 

12 sports administration or professional 

13 sports administration. 

14 (ii) Expertise in bullying prevention 

15 and the promotion of a healthy organiza16 tional culture. 

17 (B) OLYMPIC OR PARALYMPIC ATH18 LETES.—Not fewer than 8 members appointed 

19 under paragraph (1) shall be current or former 

20 Olympic or Paralympic athletes. 

21 (c) INITIAL MEETING.—Not later than 30 days after 

22 the date on which the last member is appointed under 

23 paragraph (1), the Commission shall hold an initial meet24 ing. 


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1 (d) QUORUM.—Eleven members of the Commission 

2 shall constitute a quorum. 

3 (e) NO PROXY VOTING.—Proxy voting by members 

4 of the Commission shall be prohibited. 

5 (f) STAFF.—The co-chairs of the Commission shall 

6 appoint an executive director of the Commission, and such 

7 staff as appropriate, with compensation. 

8 (g) PUBLIC HEARINGS.—The Commission shall hold 

9 1 or more public hearings. 

10 (h) TRAVEL EXPENSES.—Members of the Commis11 sion shall serve without pay, but shall receive travel ex12 penses in accordance with sections 5702 and 5703 of title 

13 5, United States Code. 

14 (i) DUTIES OF COMMISSION.— 

15 (1) STUDY.— 

16 (A) IN GENERAL.—The Commission shall 

17 conduct a study on matters relating to the state 

18 of United States participation in the Olympic 

19 and Paralympic Games. 

20 (B) MATTERS STUDIED.—The study under 

21 subparagraph (A) shall include— 

22 (i) a review of the most recent re23 forms undertaken by the United States 

24 Olympic and Paralympic Committee; 


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1 (ii) a description of proposed reforms 

2 to the structure of the United States 

3 Olympic and Paralympic Committee; 

4 (iii) an assessment as to whether the 

5 board of directors of the United States 

6 Olympic and Paralympic Committee in7 cludes diverse members, including athletes; 

8 (iv) an assessment of United States 

9 athlete participation levels in the Olympic 

10 and Paralympic Games; 

11 (v) a description of the status of any 

12 United States Olympic and Paralympic 

13 Committee licensing arrangement; 

14 (vi) an assessment as to whether the 

15 United States is achieving the goals for the 

16 Olympic and Paralympic Games set by the 

17 United States Olympic and Paralympic 

18 Committee; 

19 (vii) an analysis of the participation in 

20 amateur athletics of— 

21 (I) women; 

22 (II) disabled individuals; and 

23 (III) minorities; 

24 (viii) a description of ongoing efforts 

25 by the United States Olympic and ParaVerDate Sep 11 2014 04:29 Aug 22, 2020 Jkt 099200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H7881.IH H7881

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1 lympic Committee to recruit the Olympic 

2 and Paralympic Games to the United 

3 States; 

4 (ix) an evaluation of the functions of 

5 the national governing bodies (as defined 

6 in section 220501 of title 36, United 

7 States Code) and an analysis of the re8 sponsiveness of the national governing bod9 ies to athletes with respect to the duties of 

10 the national governing bodies under section 

11 220524(a)(3) of title 36, United States 

12 Code; and 

13 (x) an assessment of the finances and 

14 the financial organization of the United 

15 States Olympic and Paralympic Com16 mittee. 

17 (2) REPORT.— 

18 (A) IN GENERAL.—Not later than 270 

19 days after the date of the enactment of this 

20 Act, the Commission shall submit to Congress 

21 a report on the results of the study conducted 

22 under paragraph (1), including a detailed state23 ment of findings, conclusions, recommendations, 

24 and suggested policy changes. 


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1 (B) PUBLIC AVAILABILITY.—The report 

2 required by subparagraph (A) shall be made 

3 available to the public on an internet website of 

4 the United States Government that is available 

5 to the public. 

6 (j) POWERS OF COMMISSION.— 

7 (1) SUBPOENA AUTHORITY.—The Commission 

8 may subpoena an individual the testimony of whom 

9 may be relevant to the purpose of the Commission. 

10 (2) FURNISHING INFORMATION.—On request by 

11 the executive director of the Commission, the head 

12 of a Federal agency shall furnish information to the 

13 Commission. 

14 (k) TERMINATION OF COMMISSION.—The Commis15 sion shall terminate 90 days after the date on which the 

16 Commission submits the report under subsection (i)(2). 

17 (l) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated such sums as may be nec19 essary to carry out this section. 

20 SEC. 12. SEVERABILITY. 

21 If any provision of this Act, or an amendment made 

22 by this Act, is determined to be unenforceable or invalid, 

23 the remaining provisions of this Act and the amendments 

24 made by this Act shall not be affected. 

Æ 


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