116TH CONGRESS 

2D SESSION S. 2330 

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. 
2 

†S 2330 ES

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

3 SECTION 1. SHORT TITLE. 

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

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

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

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

9 to action to end emotional, physical, and sexual 

10 abuse in the Olympic and Paralympic movement. 

11 (2) Larry Nassar, the former national team 

12 doctor for USA Gymnastics, sexually abused over 

13 300 athletes for over two decades because of ineffec14 tive oversight by USA Gymnastics and the United 

15 States Olympic Committee. 

16 (3) While the case of Larry Nassar is unprece17 dented in scale, the case is hardly the only recent in18 cident of sexual abuse in amateur sports. 

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

20 survivors of abuse in the Olympic and Paralympic 

21 movement deserve justice and redress for the wrongs 

22 the survivors have suffered. 

23 (5) After a comprehensive congressional inves24 tigation, including interviews and statements from 

25 survivors, former and current organization officials, 
3 

†S 2330 ES

1 law enforcement, and advocates, Congress found 

2 that the United States Olympic Committee and USA 

3 Gymnastics fundamentally failed to uphold their ex4 isting statutory purposes and duty to protect ama5 teur athletes from sexual, emotional, or physical 

6 abuse. 

7 (6) USA Gymnastics and the United States 

8 Olympic Committee knowingly concealed abuse by 

9 Larry Nassar, leading to the abuse of dozens of ad10 ditional amateur athletes during the period begin11 ning in the summer of 2015 and ending in Sep12 tember 2016. 

13 (7) Ending abuse in the Olympic and 

14 Paralympic movement requires enhanced oversight 

15 to ensure that the Olympic and Paralympic move16 ment does more to serve athletes and protect their 

17 voice and safety. 

18 SEC. 3. DEFINITIONS. 

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

20 is amended— 

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

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

23 States Center for SafeSport’’; 
4 

†S 2330 ES

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

2 States Olympic Committee’’ and inserting ‘‘United 

3 States Olympic and Paralympic Committee’’; 

4 (3) by amending paragraph (8) to read as fol5 lows: 

6 ‘‘(8) ‘national governing body’ means an ama7 teur sports organization, a high-performance man8 agement organization, or a paralympic sports orga9 nization that is certified by the corporation under 

10 section 220521.’’; 

11 (4) by striking paragraph (9); 

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

13 (7), (8), and (10) as paragraphs (5), (6), (7), (8), 

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

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

17 ‘‘(4) ‘Athletes’ Advisory Council’ means the en18 tity established and maintained under section 

19 220504(b)(2)(A) that— 

20 ‘‘(A) is composed of, and elected by, ama21 teur athletes to ensure communication between 

22 the corporation and currently active amateur 

23 athletes; and 
5 

†S 2330 ES

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

2 opinion and advice with respect to policies and 

3 proposed policies of the corporation.’’; and 

4 (7) by inserting after paragraph (9), as so re5 designated, the following: 

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

7 athlete, coach, trainer, manager, administrator, or 

8 official associated with the corporation or a national 

9 governing body. 

10 ‘‘(11) ‘retaliation’ means any adverse or dis11 criminatory action, or the threat of an adverse or 

12 discriminatory action, including removal from a 

13 training facility, reduced coaching or training, re14 duced meals or housing, and removal from competi15 tion, carried out against a protected individual as a 

16 result of any communication, including the filing of 

17 a formal complaint, by the protected individual or a 

18 parent or legal guardian of the protected individual 

19 relating to the allegation of physical abuse, sexual 

20 harassment, or emotional abuse, with— 

21 ‘‘(A) the Center; 

22 ‘‘(B) a coach, trainer, manager, adminis23 trator, or official associated with the corpora24 tion; 

25 ‘‘(C) the Attorney General; 
6 

†S 2330 ES

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

2 authority; 

3 ‘‘(E) the Equal Employment Opportunity 

4 Commission; or 

5 ‘‘(F) Congress.’’. 

6 SEC. 4. MODERNIZATION OF THE TED STEVENS OLYMPIC 

7 AND AMATEUR SPORTS ACT. 

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

9 States Code, is amended— 

10 (1) in the chapter heading, by striking 

11 ‘‘UNITED STATES OLYMPIC COM12 MITTEE’’ and inserting ‘‘UNITED STATES 

13 OLYMPIC AND PARALYMPIC COM14 MITTEE’’; 

15 (2) in section 220502, by amending subsection 

16 (c) to read as follows: 

17 ‘‘(c) REFERENCES TO UNITED STATES OLYMPIC AS18 SOCIATION AND UNITED STATES OLYMPIC COMMITTEE.— 

19 Any reference to the United States Olympic Association 

20 or the United States Olympic Committee is deemed to 

21 refer to the United States Olympic and Paralympic Com22 mittee.’’; 

23 (3) in section 220503— 

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

25 Pan-American Games’’ each place it appears 
7 

†S 2330 ES

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

2 the Parapan American Games’’; and 

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

4 Pan-American Games’’ and inserting ‘‘the Pan5 American Games, and the Parapan American 

6 Games’’; 

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

8 Pan-American Games’’ and inserting ‘‘the Pan9 American Games, or the Parapan American Games’’; 

10 (5) in section 220505(c)— 

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

12 Pan-American Games’’ and inserting ‘‘the Pan13 American Games, and the Parapan American 

14 Games’’; 

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

16 follows: 

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

18 sport that is included on the program of the Olympic 

19 Games, the Paralympic Games, the Pan-American 

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

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

22 Parapan American Games,’’ after ‘‘the Pan23 American Games,’’; 

24 (6) in section 220506— 

25 (A) in subsection (a)— 
8 

†S 2330 ES

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

2 ‘‘United States Olympic Committee’’ and 

3 inserting ‘‘United States Olympic and 

4 Paralympic Committee’’; 

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

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

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

8 ‘‘ ‘Parapan American’,’’ after ‘‘ ‘Pan-Amer9 ican’,’’; 

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

11 Parapan American team,’’ after ‘‘the Pan12 American team,’’; and 

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

14 Pan-American Games activity’’ and inserting 

15 ‘‘Pan-American, or Parapan American Games 

16 activity’’; 

17 (7) in section 220509(a)— 

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

19 Parapan American Games,’’ after ‘‘the Pan20 American Games,’’; and 

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

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

23 Pan-American Games, or the Parapan Amer24 ican Games’’; 
9 

†S 2330 ES

1 (8) in section 220512, by striking ‘‘and Pan2 American Games’’ and inserting ‘‘Pan-American 

3 Games, and Parapan American Games’’; 

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

5 Pan-American Games’’ each place it appears and in6 serting ‘‘the Pan-American Games, and the Parapan 

7 American Games’’; 

8 (10) in section 220528(c)— 

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

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

11 and inserting ‘‘or in each of the Olympic 

12 Games, the Paralympic Games, the Pan-Amer13 ican Games, and the Parapan American 

14 Games’’; and 

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

16 as follows: 

17 ‘‘(B) any Pan-American Games or 

18 Parapan American Games, for a sport in which 

19 competition is held in the Pan-American Games 

20 or the Parapan American Games, as applicable, 

21 but not in the Olympic Games or the 

22 Paralympic Games.’’; and 

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

24 States Olympic Committee’’ each place it appears 
10 

†S 2330 ES

1 and inserting ‘‘United States Olympic and 

2 Paralympic Committee’’. 

3 (b) CONFORMING AMENDMENT.—The table of chap4 ters for part B of subtitle II of title 36, United States 

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

6 2205 and inserting the following: 

‘‘2205. United States Olympic and Paralympic 

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

7 SEC. 5. CONGRESSIONAL OVERSIGHT OF UNITED STATES 

8 OLYMPIC AND PARALYMPIC COMMITTEE AND 

9 NATIONAL GOVERNING BODIES. 

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

11 States Code, is amended— 

12 (1) by redesignating the second subchapter des13 ignated as subchapter III (relating to the United 

14 States Center for SafeSport), as added by section 

15 202 of the Protecting Young Victims from Sexual 

16 Abuse and Safe Sport Authorization Act of 2017 

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

18 IV; and 

19 (2) by adding at the end the following: 
11 

†S 2330 ES

1 ‘‘SUBCHAPTER V—DISSOLUTION OF BOARD OF 

2 DIRECTORS OF CORPORATION AND TERMI3 NATION OF RECOGNITION OF NATIONAL 

4 GOVERNING BODIES 

5 ‘‘§ 220551. Definitions 

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

7 a joint resolution— 

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

9 ‘‘(2) for which— 

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

11 resolution to dissolve the board of directors of 

12 the United States Olympic and Paralympic 

13 Committee’; and 

14 ‘‘(ii) the matter after the resolving 

15 clause— 

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

17 finds that dissolving the board of directors 

18 of the United States Olympic and 

19 Paralympic Committee would not unduly 

20 interfere with the operations of chapter 

21 2205 of title 36, United States Code’; and 

22 ‘‘(II) prescribes adequate procedures 

23 for forming a board of directors of the cor24 poration as expeditiously as possible and in 

25 a manner that safeguards the membership 
12 

†S 2330 ES

1 and voting power of the representatives of 

2 amateur athletes at all times, consistent 

3 with the membership and voting power of 

4 amateur athletes under section 

5 220504(b)(2); or 

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

7 resolution relating to terminating the recogni8 tion of a national governing body’; and 

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

10 is only as follows: ‘That Congress determines 

11 that lllllllll, which is recognized 

12 as a national governing body under section 

13 220521 of title 36, United States Code, has 

14 failed to fulfill its duties, as described in section 

15 220524 of title 36, United States Code’, the 

16 blank space being filled in with the name of the 

17 applicable national governing body. 

18 ‘‘§ 220552. Dissolution of board of directors of cor19 poration and termination of recognition 

20 of national governing bodies 

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

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

23 joint resolution described in section 220551(2)(A) with re24 spect to the board of directors of the corporation, such 

25 board of directors shall be dissolved. 
13 

†S 2330 ES

1 ‘‘(b) TERMINATION OF RECOGNITION OF NATIONAL

2 GOVERNING BODY.—Effective on the date of enactment 

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

4 with respect to a national governing body, the recognition 

5 of the applicable amateur sports organization as a national 

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

7 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

9 States Code, is amended— 

10 (1) by striking the second item relating to sub11 chapter III (relating to the United States Center for 

12 SafeSport), as added by section 202 of the Pro13 tecting Young Victims from Sexual Abuse and Safe 

14 Sport Authorization Act of 2017 (Public Law 115– 

15 126; 132 Stat. 320) and inserting the following: 

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

16 (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.’’. 

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

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

19 after the date of the enactment of this Act. 
14 

†S 2330 ES

1 SEC. 6. MODIFICATIONS TO UNITED STATES OLYMPIC AND 

2 PARALYMPIC COMMITTEE. 

3 (a) PURPOSES OF THE CORPORATION.—Section 

4 220503 of title 36, United States Code, is amended— 

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

6 to’’ after ‘‘development of’’; 

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

8 inserting a semicolon; 

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

10 the end and inserting ‘‘; and’’; and 

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

12 ‘‘(16) to effectively oversee the national gov13 erning bodies with respect to compliance with and 

14 implementation of the policies and procedures of the 

15 corporation, including policies and procedures on the 

16 establishment of a safe environment in sports as de17 scribed in paragraph (15).’’. 

18 (b) MEMBERSHIP AND REPRESENTATION.—Section 

19 220504 of title 36, United States Code, is amended— 

20 (1) in subsection (a), by inserting ‘‘, and mem21 bership shall be available only to national governing 

22 bodies’’ before the period at the end; 

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

24 (2) to read as follows: 

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

26 in amateur athletic competition or who have rep-
15 

†S 2330 ES

1 resented the United States in international amateur 

2 athletic competition, including through provisions 

3 that— 

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

5 Advisory Council; 

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

7 Advisory Council, or the designee of the chair, 

8 holds voting power on the board of directors of 

9 the corporation and in the committees and enti10 ties of the corporation; 

11 ‘‘(C) require that— 

‘‘(i) not less than 1 12 ⁄3 of the member13 ship of the board of directors of the cor14 poration shall be composed of, and elected 

15 by, such amateur athletes; and 

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

17 membership of the board of directors of 

18 the corporation shall be composed of ama19 teur athletes who— 

20 ‘‘(I) are actively engaged in rep21 resenting the United States in inter22 national amateur athletic competition; 

23 or 

24 ‘‘(II) have represented the 

25 United States in international ama-
16 

†S 2330 ES

1 teur athletic competition during the 

2 preceding 10-year period; and 

3 ‘‘(D) ensure that the membership and vot4 ing power held by such amateur athletes is not 

less than 1 5 ⁄3 percent of the membership and 

6 voting power held in the board of directors of 

7 the corporation and in the committees and enti8 ties of the corporation, including any panel em9 powered to resolve grievances;’’; and 

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

11 ‘‘(c) CONFLICT OF INTEREST.—An athlete who rep12 resents athletes under subsection (b)(2) shall not be em13 ployed by the Center, or serve in a capacity that exercises 

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

15 the 2-year period beginning on the date on which the ath16 lete ceases such representation. 

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

18 of the corporation shall include a description of all gen19 erally applicable certification requirements for member20 ship in the corporation.’’. 

21 (c) DUTIES.— 

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

23 United States Code, is amended— 
17 

†S 2330 ES

1 (A) in the section heading, by striking 

2 ‘‘Powers’’ and inserting ‘‘Powers and du3 ties’’; and 

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

5 ‘‘(d) DUTIES.— 

6 ‘‘(1) IN GENERAL.—The duty of the corpora7 tion to amateur athletes includes the adoption, effec8 tive implementation, and enforcement of policies and 

9 procedures designed— 

10 ‘‘(A) to immediately report to law enforce11 ment and the Center any allegation of child 

12 abuse of an amateur athlete who is a minor; 

13 ‘‘(B) to ensure that each national gov14 erning body has in place policies and procedures 

15 to report immediately any allegation of child 

16 abuse of an amateur athlete, consistent with— 

17 ‘‘(i) the policies and procedures devel18 oped under subparagraph (C) of section 

19 220541(a)(1); and 

20 ‘‘(ii) the requirement described in 

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

22 and 

23 ‘‘(C) to ensure that each national gov24 erning body and the corporation enforces tem-
18 

†S 2330 ES

1 porary measures and sanctions issued pursuant 

2 to the authority of the Center. 

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

4 this subsection shall be construed to preempt or oth5 erwise abrogate the duty of care of the corporation 

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

7 (2) CONFORMING AMENDMENT.—The table of 

8 sections for chapter 2205 of title 36, United States 

9 Code, is amended by striking the item relating to 

10 section 220505 and inserting the following: 

‘‘220505. Powers and duties.’’. 

11 (d) RESTRICTIONS.— 

12 (1) POLICY WITH RESPECT TO ASSISTING MEM13 BERS OR FORMER MEMBERS IN OBTAINING JOBS.— 

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

15 amended by adding at the end the following: 

16 ‘‘(c) POLICY WITH RESPECT TO ASSISTING MEM17 BERS OR FORMER MEMBERS IN OBTAINING JOBS.—The 

18 corporation shall develop 1 or more policies that prohibit 

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

20 of the corporation from assisting a member or former 

21 member in obtaining a new job (except the routine trans22 mission of administrative and personnel files) if the indi23 vidual knows that such member or former member violated 

24 the policies or procedures of the Center related to sexual 
19 

†S 2330 ES

1 misconduct or was convicted of a crime involving sexual 

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

3 (2) POLICY WITH RESPECT TO TERMS AND

4 CONDITIONS OF EMPLOYMENT.— 

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

6 36, United States Code, as amended by para7 graph (1), is further amended by adding at the 

8 end the following: 

9 ‘‘(d) POLICY REGARDING TERMS AND CONDITIONS

10 OF EMPLOYMENT.—The corporation shall establish a pol11 icy— 

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

13 any individual named as a subject of an ethics inves14 tigation by the ethics committee of the corporation, 

15 until such individual is cleared of wrongdoing by 

16 such investigation; and 

17 ‘‘(2) that provides that— 

18 ‘‘(A) if the ethics committee determines 

19 that an individual has violated the policies of 

20 the corporation— 

21 ‘‘(i) the individual is no longer enti22 tled to bonus or severance pay previously 

23 withheld; and 
20 

†S 2330 ES

1 ‘‘(ii) the compensation committee of 

2 the corporation may reduce or cancel the 

3 withheld bonus or severance pay; and 

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

5 the subject of a criminal investigation, the eth6 ics committee shall investigate the individual.’’. 

7 (B) APPLICABILITY.—The amendment 

8 made by subparagraph (A) shall not apply to 

9 any term of employment for the disbursement 

10 of bonus or severance pay that is in effect as 

11 of the day before the date of the enactment of 

12 this Act. 

13 (e) RESOLUTION OF DISPUTES AND PROTECTING

14 ABUSE VICTIMS FROM RETALIATION.—Section 220509 of 

15 title 36, United States Code, is amended— 

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

17 inserting ‘‘complaints of retaliation or’’ after ‘‘relat18 ing to’’; 

19 (2) by amending subsection (b) to read as fol20 lows: 

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

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

23 and provide salary, benefits, and administrative ex24 penses for an ombudsman and support staff for ath25 letes. 
21 

†S 2330 ES

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

2 Ombuds shall— 

3 ‘‘(A) provide independent advice to athletes 

4 at no cost about the applicable provisions of 

5 this chapter and the constitution and bylaws of 

6 the corporation, national governing bodies, 

7 international sports federations, the Inter8 national Olympic Committee, the International 

9 Paralympic Committee, and the Pan-American 

10 Sports Organization, and with respect to the 

11 resolution of any dispute involving the oppor12 tunity of an amateur athlete to participate in 

13 the Olympic Games, the Paralympic Games, the 

14 Pan-American Games, the Parapan American 

15 Games, world championship competition or 

16 other protected competition as defined in the 

17 constitution and bylaws of the corporation; 

18 ‘‘(B) assist in the resolution of athlete con19 cerns; 

20 ‘‘(C) provide independent advice to athletes 

21 with respect to— 

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

23 and jurisdiction of the Center; and 

24 ‘‘(ii) the relative value of engaging 

25 legal counsel; and 
22 

†S 2330 ES

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

2 Council on a regular basis. 

3 ‘‘(3) HIRING PROCEDURES; VACANCY; TERMI4 NATION.— 

5 ‘‘(A) HIRING PROCEDURES.—The proce6 dure for hiring the ombudsman for athletes 

7 shall be as follows: 

8 ‘‘(i) The Athletes’ Advisory Council 

9 shall provide the corporation’s executive di10 rector with the name of 1 qualified person 

11 to serve as ombudsman for athletes. 

12 ‘‘(ii) The corporation’s executive di13 rector shall immediately transmit the name 

14 of such person to the corporation’s execu15 tive committee. 

16 ‘‘(iii) The corporation’s executive com17 mittee shall hire or not hire such person 

18 after fully considering the advice and coun19 sel of the Athletes’ Advisory Council. 

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

21 the position of the ombudsman for athletes, the 

22 nomination and hiring procedure set forth in 

23 this paragraph shall be followed in a timely 

24 manner. 
23 

†S 2330 ES

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

2 terminate the employment of an individual serv3 ing as ombudsman for athletes only if— 

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

5 accordance with the applicable policies and 

6 procedures of the corporation; 

7 ‘‘(ii) the termination is initially rec8 ommended to the corporation’s executive 

9 committee by either the corporation’s exec10 utive director or by the Athletes’ Advisory 

11 Council; and 

12 ‘‘(iii) the corporation’s executive com13 mittee fully considers the advice and coun14 sel of the Athletes’ Advisory Council prior 

15 to deciding whether or not to terminate the 

16 employment of such individual. 

17 ‘‘(4) CONFIDENTIALITY.— 

18 ‘‘(A) IN GENERAL.—The Office of the Ath19 lete Ombuds shall maintain as confidential any 

20 information communicated or provided to the 

21 Office of the Athlete Ombuds in confidence in 

22 any matter involving the exercise of the official 

23 duties of the Office of the Athlete Ombuds. 

24 ‘‘(B) EXCEPTION.—The Office of the Ath25 lete Ombuds may disclose information described 
24 

†S 2330 ES

1 in subparagraph (A) as necessary to resolve or 

2 mediate a dispute, with the permission of the 

3 parties involved. 

4 ‘‘(C) JUDICIAL AND ADMINISTRATIVE PRO5 CEEDINGS.— 

6 ‘‘(i) IN GENERAL.—The ombudsman 

7 and the staff of the Office of the Athlete 

8 Ombuds shall not be compelled to testify 

9 or produce evidence in any judicial or ad10 ministrative proceeding with respect to any 

11 matter involving the exercise of the duties 

12 of the Office of the Athlete Ombuds. 

13 ‘‘(ii) WORK PRODUCT.—Any memo14 randum, work product, notes, or case file 

15 of the Office of the Athlete Ombuds— 

16 ‘‘(I) shall be confidential; and 

17 ‘‘(II) shall not be— 

18 ‘‘(aa) subject to discovery, 

19 subpoena, or any other means of 

20 legal compulsion; or 

21 ‘‘(bb) admissible as evidence 

22 in a judicial or administrative 

23 proceeding. 
25 

†S 2330 ES

1 ‘‘(D) APPLICABILITY.—The confidentiality 

2 requirements under this paragraph shall not 

3 apply to information relating to— 

4 ‘‘(i) applicable federally mandated re5 porting requirements; 

6 ‘‘(ii) a felony personally witnessed by 

7 a member of the Office of the Athlete 

8 Ombuds; 

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

10 Office of the Athlete Ombuds, in which an 

11 individual is at imminent risk of serious 

12 harm; or 

13 ‘‘(iv) a congressional subpoena. 

14 ‘‘(E) DEVELOPMENT OF POLICY.— 

15 ‘‘(i) IN GENERAL.—Not later than 

16 180 days after the date of the enactment 

17 of the Empowering Olympic, Paralympic, 

18 and Amateur Athletes Act of 2020, the Of19 fice of the Athlete Ombuds shall develop 

20 and publish in the Federal Register a con21 fidentiality and privacy policy consistent 

22 with this paragraph. 

23 ‘‘(ii) DISTRIBUTION.—The Office of 

24 the Athlete Ombuds shall distribute a copy 
26 

†S 2330 ES

1 of the policy developed under clause (i) 

2 to— 

3 ‘‘(I) employees of the national 

4 governing bodies; and 

5 ‘‘(II) employees of the corpora6 tion. 

7 ‘‘(iii) PUBLICATION BY NATIONAL

8 GOVERNING BODIES.—Each national gov9 erning body shall— 

10 ‘‘(I) publish the policy developed 

11 under clause (i) on the internet 

12 website of the national governing 

13 body; and 

14 ‘‘(II) communicate to amateur 

15 athletes the availability of the policy. 

16 ‘‘(5) PROHIBITION ON RETALIATION.—No em17 ployee, contractor, agent, volunteer, or member of 

18 the corporation shall take or threaten to take any 

19 action against an athlete as a reprisal for disclosing 

20 information to or seeking assistance from the Office 

21 of the Athlete Ombuds. 

22 ‘‘(6) INDEPENDENCE IN CARRYING OUT DU23 TIES.—The board of directors of the corporation or 

24 any other member or employee of the corporation 

25 shall not prevent or prohibit the Office of the Ath-
27 

†S 2330 ES

1 lete Ombuds from carrying out any duty or responsi2 bility under this section.’’; and 

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

4 ‘‘(c) RETALIATION.— 

5 ‘‘(1) IN GENERAL.—The corporation, the na6 tional governing bodies, or any officer, employee, 

7 contractor, subcontractor, or agent of the corpora8 tion or a national governing body may not retaliate 

9 against any protected individual as a result of any 

10 communication, including the filing of a formal com11 plaint, by a protected individual or a parent or legal 

12 guardian of the protected individual relating to an 

13 allegation of physical abuse, sexual harassment, or 

14 emotional abuse. 

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

16 finds that an employee of the corporation or a na17 tional governing body has retaliated against a pro18 tected individual, the corporation or national gov19 erning body, as applicable, shall immediately termi20 nate the employment of, or suspend without pay, 

21 such employee. 

22 ‘‘(3) DAMAGES.— 

23 ‘‘(A) IN GENERAL.—With respect to a pro24 tected individual the corporation finds to have 

25 been subject to retaliation, the corporation may 
28 

†S 2330 ES

1 award damages, including damages for pain 

2 and suffering and reasonable attorney fees. 

3 ‘‘(B) REIMBURSEMENT FROM NATIONAL

4 GOVERNING BODY.—In the case of a national 

5 governing body found to have retaliated against 

6 a protected individual, the corporation may de7 mand reimbursement from the national gov8 erning body for damages paid by the corpora9 tion under subparagraph (A).’’. 

10 (f) REPORTS AND AUDITS.— 

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

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

13 ‘‘§ 220511. Reports and audits 

14 ‘‘(a) REPORT.— 

15 ‘‘(1) SUBMISSION TO PRESIDENT AND CON16 GRESS.—Not less frequently than annually, the cor17 poration shall submit simultaneously to the Presi18 dent and to each House of Congress a detailed re19 port on the operations of the corporation for the pre20 ceding calendar year. 

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

22 required by paragraph (1) shall include the fol23 lowing: 
29 

†S 2330 ES

1 ‘‘(A) A comprehensive description of the 

2 activities and accomplishments of the corpora3 tion during such calendar year. 

4 ‘‘(B) Data concerning the participation of 

5 women, disabled individuals, and racial and eth6 nic minorities in the amateur athletic activities 

7 and administration of the corporation and na8 tional governing bodies. 

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

10 encourage the participation of women, disabled 

11 individuals, and racial minorities in amateur 

12 athletic activities. 

13 ‘‘(D) A description of any lawsuit or griev14 ance filed against the corporation, including any 

15 dispute initiated under this chapter. 

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

17 meeting of the board of directors of the cor18 poration that occurred during such calendar 

19 year. 

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

21 of the corporation that, with respect to such 

22 calendar year— 

23 ‘‘(i) identifies— 
30 

†S 2330 ES

1 ‘‘(I) the areas in which the cor2 poration has met compliance stand3 ards; and 

4 ‘‘(II) the areas in which the cor5 poration has not met compliance 

6 standards; and 

7 ‘‘(ii) assesses the compliance of each 

8 member of the corporation and provides a 

9 plan for improvement, as necessary. 

10 ‘‘(G) A detailed description of any com11 plaint of retaliation made during such calendar 

12 year, including the entity involved, the number 

13 of allegations of retaliation, and the outcome of 

14 such allegations. 

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

16 shall make each report under this subsection avail17 able to the public on an easily accessible internet 

18 website of the corporation. 

19 ‘‘(b) AUDIT.— 

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

21 annually, the financial statements of the corporation 

22 for the preceding fiscal year shall be audited in ac23 cordance with generally accepted auditing standards 

24 by— 
31 

†S 2330 ES

1 ‘‘(A) an independent certified public ac2 countant; or 

3 ‘‘(B) an independent licensed public ac4 countant who is certified or licensed by the reg5 ulatory authority of a State or a political sub6 division of a State. 

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

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

9 financial statements of the corporation normally are 

10 kept. 

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

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

13 to— 

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

15 used by the corporation, as necessary to facili16 tate the audit; and 

17 ‘‘(B) any facility under audit for the pur18 pose of verifying transactions, including any 

19 balance or security held by a depository, fiscal 

20 agent, or custodian. 

21 ‘‘(4) REPORT.— 

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

23 days after the end of the fiscal year for which 

24 an audit is carried out, the auditor shall submit 

25 a report on the audit to the Committee on 
32 

†S 2330 ES

1 Commerce, Science, and Transportation of the 

2 Senate, the Committee on the Judiciary of the 

3 House of Representatives, and the chair of the 

4 Athletes’ Advisory Council. 

5 ‘‘(B) MATTERS TO BE INCLUDED.—Each 

6 report under subparagraph (A) shall include the 

7 following for the applicable fiscal year: 

8 ‘‘(i) Any statement necessary to 

9 present fairly the assets, liabilities, and 

10 surplus or deficit of the corporation. 

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

12 amounts of such assets, liabilities, and sur13 plus or deficit. 

14 ‘‘(iii) A detailed statement of the in15 come and expenses of the corporation, in16 cluding the results of any trading, manu17 facturing, publishing, or other commercial 

18 endeavor. 

19 ‘‘(iv) A detailed statement of the 

20 amounts spent on stipends and services for 

21 athletes. 

22 ‘‘(v) A detailed statement of the 

23 amounts spent on compensation and serv24 ices for executives and administration offi25 cials of the corporation, including the 20 
33 

†S 2330 ES

1 employees of the corporation who receive 

2 the highest amounts of compensation. 

3 ‘‘(vi) A detailed statement of the 

4 amounts allocated to the national gov5 erning bodies. 

6 ‘‘(vii) Such comments and information 

7 as the auditor considers necessary to in8 form Congress of the financial operations 

9 and condition of the corporation. 

10 ‘‘(viii) Recommendations relating to 

11 the financial operations and condition of 

12 the corporation. 

13 ‘‘(ix) A description of any financial 

14 conflict of interest (including a description 

15 of any recusal or other mitigating action 

16 taken), evaluated in a manner consistent 

17 with the policies of the corporation, of— 

18 ‘‘(I) a member of the board of di19 rectors of the corporation; or 

20 ‘‘(II) any senior management 

21 personnel of the corporation. 

22 ‘‘(C) PUBLIC AVAILABILITY.— 

23 ‘‘(i) IN GENERAL.—The corporation 

24 shall make each report under this para25 graph available to the public on an easily 
34 

†S 2330 ES

1 accessible internet website of the corpora2 tion. 

3 ‘‘(ii) PERSONALLY IDENTIFIABLE IN4 FORMATION.—A report made available 

5 under clause (i) shall not include the per6 sonally identifiable information of any indi7 vidual.’’. 

8 (2) CONFORMING AMENDMENT.—The table of 

9 sections for chapter 2205 of title 36, United States 

10 Code, is amended by striking the item relating to 

11 section 220511 and inserting the following: 

‘‘220511. Reports and audits.’’. 

12 (g) ANNUAL AMATEUR ATHLETE SURVEY.— 

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

14 2205 of title 36, United States Code, is amended by 

15 adding at the end the following: 

16 ‘‘§ 220513. Annual amateur athlete survey 

17 ‘‘(a) IN GENERAL.—Not less frequently than annu18 ally, the corporation shall cause an independent third19 party organization, under contract, to conduct an anony20 mous survey of amateur athletes who are actively engaged 

21 in amateur athletic competition with respect to— 

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

23 the applicable national governing body; and 

24 ‘‘(2) the behaviors, attitudes, and feelings with25 in the corporation and the applicable national gov-
35 

†S 2330 ES

1 erning body relating to sexual harassment and 

2 abuse. 

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

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

5 to develop the survey in consultation with the Center. 

6 ‘‘(c) PROHIBITION ON INTERFERENCE.—If the cor7 poration or a national governing body makes any effort 

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

9 otherwise influence a survey under subsection (a), such ac10 tivity shall be reported immediately to Congress. 

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

12 make the results of each such survey available to the pub13 lic on an internet website of the corporation.’’. 

14 (2) CONFORMING AMENDMENT.—The table of 

15 sections for chapter 2205 of title 36, United States 

16 Code, is amended by inserting after the item relating 

17 to 220512 the following: 

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

18 SEC. 7. MODIFICATIONS TO NATIONAL GOVERNING BODIES. 

19 (a) CERTIFICATION OF NATIONAL GOVERNING BOD20 IES.— 

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

22 United States Code, is amended— 

23 (A) in the section heading, by striking 

24 ‘‘Recognition of amateur sports orga25 nizations as national governing bod-
36 

†S 2330 ES

1 ies’’ and inserting ‘‘Certification of na2 tional governing bodies’’; 

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

4 follows: 

5 ‘‘(a) IN GENERAL.—With respect to each sport in6 cluded on the program of the Olympic Games, the 

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

8 Parapan American Games, the corporation— 

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

10 an amateur sports organization, a high-performance 

11 management organization, or a paralympic sports 

12 organization that files an application and is eligible 

13 for such certification under section 220522; and 

14 ‘‘(2) may not certify more than 1 national gov15 erning body.’’; 

16 (C) in subsection (b), by striking ‘‘recog17 nizing’’ and inserting ‘‘certifying’’; 

18 (D) in subsection (c), by striking ‘‘recog19 nizing’’ and inserting ‘‘certifying’’; and 

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

21 follows: 

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

23 years after the date of the enactment of the Empowering 

24 Olympic, Paralympic, and Amateur Athletes Act of 2020, 
37 

†S 2330 ES

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

2 the corporation— 

3 ‘‘(1) shall review all matters related to the con4 tinued certification of an organization as a national 

5 governing body; 

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

7 appropriate, including placing conditions on the con8 tinued certification of an organization as a national 

9 governing body; 

10 ‘‘(3) shall submit to Congress a summary re11 port of each review under paragraph (1); and 

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

13 available to the public.’’. 

14 (2) TECHNICAL AND CONFORMING AMEND15 MENTS.— 

16 (A) Chapter 2205 of title 36, United 

17 States Code, is amended— 

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

19 paragraph (1) to read as follows: 

20 ‘‘(1) national governing bodies, including 

21 through provisions that establish and maintain a 

22 National Governing Bodies’ Council that is com23 posed of representatives of the national governing 

24 bodies who are selected by their boards of directors 

25 or other governing boards to ensure effective com-
38 

†S 2330 ES

1 munication between the corporation and the national 

2 governing bodies;’’; 

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

4 paralympic sports organization’’; 

5 (iii) in section 220522— 

6 (I) by striking subsection (b); 

7 and 

8 (II) in subsection (a)— 

9 (aa) by striking ‘‘recog10 nized’’ each place it appears and 

11 inserting ‘‘certified’’; 

12 (bb) by striking ‘‘recogni13 tion’’ each place it appears and 

14 inserting ‘‘certification’’; 

15 (cc) in paragraph (6), by 

16 striking ‘‘the Olympic Games or 

17 the Pan-American Games’’ and 

18 inserting ‘‘the Olympic Games, 

19 the Paralympic Games, the Pan20 American Games, or the Parapan 

21 American Games’’; 

22 (dd) in paragraph (11)— 

23 (AA) in the matter pre24 ceding subparagraph (A), by 

25 inserting ‘‘, high-perform-
39 

†S 2330 ES

1 ance management organiza2 tion, or paralympic sports 

3 organization’’ after ‘‘ama4 teur sports organization’’; 

5 and 

6 (BB) in subparagraph 

7 (B), by striking ‘‘amateur 

8 sports’’ and inserting ‘‘appli9 cable’’; 

10 (ee) in paragraph (14), by 

11 striking ‘‘or the Pan-American 

12 Games’’ and inserting ‘‘the Pan13 American Games, or the Parapan 

14 American Games’’; and 

15 (ff) by striking the sub16 section designation and heading 

17 and all that follows through ‘‘An 

18 amateur sports organization’’ 

19 and inserting ‘‘An amateur 

20 sports organization, a high-per21 formance management organiza22 tion, or a paralympic sports orga23 nization’’; 

24 (iv) in section 220524, by striking 

25 ‘‘amateur sports’’ each place it appears; 
40 

†S 2330 ES

1 (v) in section 220528— 

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

3 place it appears and inserting ‘‘certifi4 cation’’; 

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

6 place it appears and inserting ‘‘cer7 tify’’; and 

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

9 subsection heading, by striking ‘‘REC10 OGNITION’’ and inserting ‘‘CERTIFI11 CATION’’; 

12 (vi) in section 220531— 

13 (I) by striking ‘‘, each national 

14 governing body, and each paralympic 

15 sports organization’’ each place it ap16 pears and inserting ‘‘and each na17 tional governing body’’; and 

18 (II) in subsection (c)(2), by strik19 ing ‘‘each paralympic sports organiza20 tion,’’; 

21 (vii) in section 220541(d)(3), by strik22 ing subparagraph (C); 

23 (viii) in section 220542— 
41 

†S 2330 ES

1 (I) by striking ‘‘or paralympic 

2 sports organization’’ each place it ap3 pears; and 

4 (II) in subsection (a)(2)— 

5 (aa) in subparagraph (A), in 

6 the matter preceding clause (i), 

7 by striking ‘‘, a paralympic 

8 sports organization,’’; 

9 (bb) in subparagraph (E), 

10 by striking ‘‘or a paralympic 

11 sports organization of each na12 tional governing body and 

13 paralympic sports organization’’; 

14 and 

15 (cc) in subparagraph 

16 (F)(i)— 

17 (AA) by striking ‘‘, or 

18 an adult’’ and inserting ‘‘or 

19 an adult’’; 

20 (BB) by striking ‘‘, 

21 paralympic sports organiza22 tion,’’; and 

23 (CC) by striking ‘‘, 

24 paralympic sports organiza25 tions,’’. 
42 

†S 2330 ES

1 (B) The table of sections for chapter 2205 

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

3 striking the item relating to section 220521 and 

4 inserting the following: 

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

5 (b) ELIGIBILITY REQUIREMENTS WITH RESPECT TO

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

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

8 amended— 

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

10 the ability to provide and enforce required athlete 

11 protection policies and procedures’’ before the semi12 colon; 

13 (2) in paragraph (4)(B)— 

14 (A) by striking ‘‘conducted in accordance 

15 with the Commercial Rules of the American Ar16 bitration Association’’ and inserting ‘‘which ar17 bitration under this paragraph shall be con18 ducted in accordance with the standard com19 mercial arbitration rules of an established 

20 major national provider of arbitration and me21 diation services based in the United States and 

22 designated by the corporation with the concur23 rence of the Athletes’ Advisory Council and the 

24 National Governing Bodies’ Council’’; and 
43 

†S 2330 ES

1 (B) by striking ‘‘Commercial Rules of Ar2 bitration’’ and inserting ‘‘standard commercial 

3 rules of arbitration of such designated pro4 vider’’; 

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

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

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

8 (4) by redesignating paragraphs (10) through 

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

10 (5) by inserting after paragraph (9) the fol11 lowing: 

12 ‘‘(10) ensures that the selection criteria for in13 dividuals and teams that represent the United 

14 States are— 

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

16 in consultation with the national governing bod17 ies, the Athletes’ Advisory Council, and the 

18 United States Olympians and Paralympians As19 sociation; 

20 ‘‘(B) clearly articulated in writing and 

21 properly communicated to athletes in a timely 

22 manner; and 

23 ‘‘(C) consistently applied, using objective 

24 and subjective criteria appropriate to the appli25 cable sport;’’; 
44 

†S 2330 ES

1 (6) by striking paragraph (13), as so redesig2 nated, and inserting the following: 

3 ‘‘(13) demonstrates, based on guidelines ap4 proved by the corporation, the Athletes’ Advisory 

5 Council, and the National Governing Bodies’ Coun6 cil, that— 

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

8 governing boards have established criteria and 

9 election procedures for, and maintain among 

10 their voting members, individuals who— 

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

12 and 

13 ‘‘(ii) are actively engaged in amateur 

14 athletic competition, or have represented 

15 the United States in international amateur 

16 athletic competition, in the sport for which 

17 certification is sought; 

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

19 such organization has been approved by— 

20 ‘‘(i) the corporation; and 

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

22 and 

23 ‘‘(C) the voting power held by such individuals is not less than 1 24 ⁄3 of the voting power held 
45 

†S 2330 ES

1 by its board of directors and other such gov2 erning boards;’’; 

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

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

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

6 striking the period at the end and inserting a semi7 colon; and 

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

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

10 the corporation that include, for each calendar 

11 year— 

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

13 the organization— 

14 ‘‘(i) carries out the mission to pro15 mote a safe environment in sports that is 

16 free from abuse of amateur athletes (in17 cluding emotional, physical, and sexual 

18 abuse); and 

19 ‘‘(ii) addresses any sanctions or tem20 porary measures required by the Center; 

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

22 or complaint filed against the organization that 

23 was pending or settled during the preceding cal24 endar year; and 

25 ‘‘(C) a detailed statement of— 
46 

†S 2330 ES

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

2 organization; and 

3 ‘‘(ii) the amounts expended on sti4 pends, bonuses, and services for amateur 

5 athletes, organized by the level and gender 

6 of the amateur athletes; 

7 ‘‘(18) commits to meeting any minimum stand8 ard or requirement set forth by the corporation; and 

9 ‘‘(19) provides protection from retaliation to 

10 protected individuals.’’. 

11 (c) GENERAL DUTIES OF NATIONAL GOVERNING

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

13 is amended— 

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

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

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

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

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

19 and inserting a semicolon; 

20 (B) in paragraph (9), by striking the pe21 riod at the end and inserting a semicolon; and 

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

23 ‘‘(10) develop 1 or more policies that prohibit 

24 any individual who is an employee, contractor, or 

25 agent of the national governing body from assisting 
47 

†S 2330 ES

1 a member or former member in obtaining a new job 

2 (except for the routine transmission of administra3 tive and personnel files) if the individual knows that 

4 such member or former member violated the policies 

5 or procedures of the Center related to sexual mis6 conduct or was convicted of a crime involving sexual 

7 misconduct with a minor in violation of applicable 

8 law or the policies or procedures of the Center; 

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

10 that is free from abuse of any amateur athlete, in11 cluding emotional, physical, and sexual abuse; 

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

13 in sports using information relating to any tem14 porary measure or sanction issued pursuant to the 

15 authority of the Center; 

16 ‘‘(13) immediately report to law enforcement 

17 any allegation of child abuse of an amateur athlete 

18 who is a minor; and 

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

20 report immediately any allegation of child abuse of 

21 an amateur athlete, consistent with— 

22 ‘‘(A) the policies and procedures developed 

23 under subparagraph (C) of section 

24 220541(a)(1); and 
48 

†S 2330 ES

1 ‘‘(B) the requirement described in para2 graph (2)(A) of section 220542(a).’’; and 

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

4 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec5 tion shall be construed to preempt or otherwise abrogate 

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

7 law or the common law.’’. 

8 (d) ELIMINATION OF EXHAUSTION OF REMEDIES

9 REQUIREMENT.—Section 220527 of title 36, United 

10 States Code, is amended— 

11 (1) by striking subsection (b); 

12 (2) in subsection (c), by striking ‘‘If the cor13 poration’’ and all that follows through ‘‘subsection 

14 (b)(1) of this section, it’’ and inserting ‘‘The cor15 poration’’; and 

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

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

18 (e) ARBITRATION OF CORPORATION DETERMINA19 TIONS.—Section 220529(a) of title 36, United States 

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

21 American Arbitration Association’’ and inserting ‘‘the ar22 bitration and mediation provider designated by the cor23 poration under section 220522(a)(4)’’. 
49 

†S 2330 ES

1 (f) ENSURE LIMITATIONS ON COMMUNICATIONS ARE

2 INCLUDED IN LIMITATIONS ON INTERACTIONS.—Section 

3 220530(a) of title 36, United States Code, is amended— 

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

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

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

7 all that follows through the period at the end and 

8 inserting the following: ‘‘makes— 

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

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

11 any amateur athlete, including emotional, phys12 ical, and sexual abuse.’’. 

13 SEC. 8. MODIFICATIONS TO UNITED STATES CENTER FOR 

14 SAFESPORT. 

15 (a) DESIGNATION OF UNITED STATES CENTER FOR

16 SAFESPORT.— 

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

18 United States Code, is amended— 

19 (A) in the section heading by striking 

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

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

22 follows: 

23 ‘‘(a) DUTIES OF CENTER.— 

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

25 for SafeSport shall— 
50 

†S 2330 ES

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

2 sport organization and be recognized worldwide 

3 as the independent national safe sport organiza4 tion for the United States; 

5 ‘‘(B) exercise jurisdiction over the corpora6 tion and each national governing body with re7 gard to safeguarding amateur athletes against 

8 abuse, including emotional, physical, and sexual 

9 abuse, in sports; 

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

11 outreach that shall develop training, oversight 

12 practices, policies, and procedures to prevent 

13 the abuse, including emotional, physical, and 

14 sexual abuse, of amateur athletes participating 

15 in amateur athletic activities through national 

16 governing bodies; 

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

18 resolution that shall establish mechanisms that 

19 allow for the reporting, investigation, and reso20 lution, pursuant to subsection (c), of alleged 

21 sexual abuse in violation of the Center’s policies 

22 and procedures; 

23 ‘‘(E) ensure that the mechanisms under 

24 subparagraph (D) provide fair notice and an 
51 

†S 2330 ES

1 opportunity to be heard and protect the privacy 

2 and safety of complainants; 

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

4 audit that shall— 

5 ‘‘(i) ensure that the national gov6 erning bodies and the corporation imple7 ment and follow the policies and proce8 dures developed by the Center to prevent 

9 and promptly report instances of abuse of 

10 amateur athletes, including emotional, 

11 physical, and sexual abuse; and 

12 ‘‘(ii) establish mechanisms that allow 

13 for the reporting and investigation of al14 leged violations of such policies and proce15 dures; 

16 ‘‘(G) publish and maintain a publicly ac17 cessible internet website that contains a com18 prehensive list of adults who are barred by the 

19 Center; and 

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

21 Center against an individual under the jurisdic22 tion of the Center, including an investigation, 

23 the imposition of sanctions, and any other dis24 ciplinary action, is carried out in a manner 
52 

†S 2330 ES

1 than provides procedural due process to the in2 dividual, including, at a minimum— 

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

4 the allegations against the individual; 

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

6 counsel or other advisor; 

7 ‘‘(iii) an opportunity to be heard dur8 ing the investigation; 

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

10 found, a reasoned written decision by the 

11 Center; and 

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

13 hearing or through arbitration, interim 

14 measures or sanctions imposed by the Cen15 ter. 

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

17 this subsection shall be construed— 

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

19 interim measures or sanctions on an individual 

20 before an opportunity for a hearing or arbitra21 tion; 

22 ‘‘(B) to require the Center to meet a bur23 den of proof higher than the preponderance of 

24 the evidence; 
53 

†S 2330 ES

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

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

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

4 (C) in subsection (b), by striking ‘‘sub5 section (a)(3)’’ and inserting ‘‘subsection 

6 (a)(1)(C)’’; 

7 (D) in subsection (d), as amended by sec8 tion 7(a)(2)— 

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

10 subparagraph (B) the following: 

11 ‘‘(C) the corporation;’’; 

12 (ii) by redesignating paragraph (3) as 

13 paragraph (4); and 

14 (iii) by inserting after paragraph (2) 

15 the following: 

16 ‘‘(3) REMOVAL TO FEDERAL COURT.— 

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

18 brought in a State court against the Center re19 lating to the responsibilities of the Center under 

20 this section, section 220542, or section 220543, 

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

22 the district court of the United States in the 

23 district in which the action was brought, and 

24 such district court shall have original jurisdic25 tion over the action without regard to the 
54 

†S 2330 ES

1 amount in controversy or the citizenship of the 

2 parties involved. 

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

4 in this chapter shall be construed to create a 

5 private right of action.’’; and 

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

7 ‘‘(e) TRAINING MATERIALS.—The office for edu8 cation and outreach referred to in subsection (a)(1)(C) 

9 shall— 

10 ‘‘(1) develop training materials for specific au11 diences, including coaches, trainers, doctors, young 

12 children, adolescents, adults, and individuals with 

13 disabilities; and 

14 ‘‘(2) not less frequently than every 3 years, up15 date such training materials. 

16 ‘‘(f) INDEPENDENCE.— 

17 ‘‘(1) PROHIBITION WITH RESPECT TO FORMER

18 EMPLOYEES AND BOARD MEMBERS.—A former em19 ployee or board member of the corporation or a na20 tional governing body shall not work or volunteer at 

21 the Center during the 2-year period beginning on 

22 the date on which the former employee or board 

23 member ceases employment with the corporation or 

24 national governing body. 
55 

†S 2330 ES

1 ‘‘(2) ATHLETES SERVING ON BOARD OF DIREC2 TORS OF NATIONAL GOVERNING BODY.— 

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

4 the board of directors of a national governing 

5 body who is not otherwise employed by the na6 tional governing body, may volunteer at, or 

7 serve in an advisory capacity to, the Center. 

8 ‘‘(B) INELIGIBILITY FOR EMPLOYMENT.— 

9 An athlete who has served on the board of di10 rectors of a national governing body shall not 

11 be eligible for employment at the Center during 

12 the 2-year period beginning on the date on 

13 which the athlete ceases to serve on such board 

14 of directors. 

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

16 or attorney for the Center shall be considered to 

17 have an inappropriate conflict of interest if the exec18 utive or attorney also represents the corporation or 

19 a national governing body. 

20 ‘‘(4) INVESTIGATIONS.— 

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

22 the national governing bodies shall not interfere 

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

24 investigation. 
56 

†S 2330 ES

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

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

3 investigation, not later than 72 hours after such 

4 attempt, the Center shall submit to the Com5 mittee on Commerce, Science, and Transpor6 tation of the Senate and the Committee on En7 ergy and Commerce of the House of Represent8 atives a report describing the attempt. 

9 ‘‘(C) WORK PRODUCT.— 

10 ‘‘(i) IN GENERAL.—Any decision, re11 port, memorandum, work product, notes, 

12 or case file of the Center— 

13 ‘‘(I) shall be confidential; and 

14 ‘‘(II) shall not be subject to dis15 covery, subpoena, or any other means 

16 of legal compulsion in any civil action 

17 in which the Center is not a party to 

18 the action. 

19 ‘‘(ii) RULE OF CONSTRUCTION.— 

20 Nothing in this subparagraph shall be con21 strued to prohibit the Center from pro22 viding work product described in clause (i) 

23 to a law enforcement agency for the pur24 pose of assisting in a criminal investiga25 tion. 
57 

†S 2330 ES

1 ‘‘(g) FUNDING.— 

2 ‘‘(1) MANDATORY PAYMENTS.— 

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

4 30 days after the date of the enactment of this 

5 subsection, the corporation shall make a man6 datory payment of $20,000,000 to the Center 

7 for operating costs of the Center for fiscal year 

8 2020. 

9 ‘‘(B) SUBSEQUENT FISCAL YEARS.—Begin10 ning on January 1, 2020, the corporation shall 

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

12 the Center on January 1 each year for oper13 ating costs of the Center. 

14 ‘‘(2) FUNDS FROM NATIONAL GOVERNING BOD15 IES.—The corporation may use funds received from 

16 1 or more national governing bodies to make a man17 datory payment required by paragraph (1). 

18 ‘‘(3) FAILURE TO COMPLY.— 

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

20 lawsuit to compel payment under paragraph 

21 (1). 

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

23 incomplete payment of a mandatory payment 

24 under paragraph (1) after January 1 of the ap25 plicable year, the Center shall be allowed to re-
58 

†S 2330 ES

1 cover from the corporation an additional 

2 $20,000. 

3 ‘‘(4) ACCOUNTABILITY.— 

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

5 to the Center by the corporation or a national 

6 governing body shall be used, in accordance 

7 with section 220503(15), primarily for the pur8 pose of carrying out the duties and require9 ments under sections 220541 through 220543 

10 with respect to the investigation and resolution 

11 of allegations of sexual misconduct, or other 

12 misconduct, made by amateur athletes. 

13 ‘‘(B) USE OF FUNDS.— 

14 ‘‘(i) IN GENERAL.—Of the amounts 

15 made available to the Center by the cor16 poration or a national governing body in a 

17 fiscal year for the purpose described in sec18 tion 220503(15)— 

19 ‘‘(I) not less than 50 percent 

20 shall be used for processing the inves21 tigation and resolution of allegations 

22 described in subparagraph (A); and 

23 ‘‘(II) not more than 10 percent 

24 may be used for executive compensa-
59 

†S 2330 ES

1 tion of officers and directors of the 

2 Center. 

3 ‘‘(ii) RESERVE FUNDS.— 

4 ‘‘(I) IN GENERAL.—If, after the 

5 Center uses the amounts as allocated 

6 under clause (i), the Center does not 

7 use the entirety of the remaining 

8 amounts for the purpose described in 

9 subparagraph (A), the Center may re10 tain not more than 25 percent of such 

11 amounts as reserve funds. 

12 ‘‘(II) RETURN OF FUNDS.—The 

13 Center shall return to the corporation 

14 and national governing bodies any 

15 amounts, proportional to the contribu16 tions of the corporation and national 

17 governing bodies, that remain after 

18 the retention described in subclause 

19 (I). 

20 ‘‘(iii) LOBBYING AND FUNDRAISING.— 

21 Amounts made available to the Center 

22 under this paragraph may not be used for 

23 lobbying or fundraising expenses. 

24 ‘‘(h) COMPLIANCE AUDITS.— 
60 

†S 2330 ES

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

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

3 corporation and each national governing body— 

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

5 procedures developed under this subchapter; 

6 and 

7 ‘‘(B) to ensure that consistent training re8 lating to the prevention of child abuse is pro9 vided to all staff of the corporation and national 

10 governing bodies who are in regular contact 

11 with amateur athletes and members who are 

12 minors subject to parental consent. 

13 ‘‘(2) CORRECTIVE MEASURES.— 

14 ‘‘(A) IN GENERAL.—The Center may im15 pose on the corporation or a national governing 

16 body a corrective measure to achieve compliance 

17 with the policies and procedures developed 

18 under this subchapter or the training require19 ment described in paragraph (1)(B). 

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

21 imposed under subparagraph (A) may include 

22 the implementation of an athlete safety pro23 gram or specific policies, additional compliance 

24 audits or training, and the imposition of a pro25 bationary period. 
61 

†S 2330 ES

1 ‘‘(C) ENFORCEMENT.— 

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

3 Center, the corporation shall— 

4 ‘‘(I) enforce any corrective meas5 ure required under subparagraph (A); 

6 and 

7 ‘‘(II) report the status of enforce8 ment with respect to a national gov9 erning body within a reasonable time10 frame. 

11 ‘‘(ii) METHODS.—The corporation 

12 may enforce a corrective measure through 

13 any means available to the corporation, in14 cluding by withholding funds from a na15 tional governing body, limiting the partici16 pation of the national governing body in 

17 corporation events, and decertifying a na18 tional governing body. 

19 ‘‘(iii) EFFECT OF NONCOMPLIANCE.— 

20 If the corporation fails to enforce a correc21 tive measure within 72 hours of a request 

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

23 the Committee on Commerce, Science, and 

24 Transportation of the Senate and the 

25 Committee on Energy and Commerce of 
62 

†S 2330 ES

1 the House of Representatives a report de2 scribing the noncompliance. 

3 ‘‘(3) ANNUAL REPORT.— 

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

5 than annually, the Center shall submit to Con6 gress a report on the findings of the audit 

7 under paragraph (1) for the preceding year and 

8 the status of any corrective measures imposed 

9 as a result of the audit. 

10 ‘‘(B) PUBLIC AVAILABILITY.— 

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

12 subparagraph (A) shall be made available 

13 to the public. 

14 ‘‘(ii) PERSONALLY IDENTIFIABLE IN15 FORMATION.—A report made available to 

16 the public shall not include the personally 

17 identifiable information of any individual. 

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

19 days after the end of each calendar quarter that begins 

20 after the date of the enactment of the Empowering Olym21 pic, Paralympic, and Amateur Athletes Act of 2020, the 

22 Center shall submit to the corporation a statement of the 

23 following: 

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

25 complaints referred to the Center, by sport. 
63 

†S 2330 ES

1 ‘‘(2) The number and type of pending mis2 conduct complaints under investigation by the Cen3 ter. 

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

5 which an investigation was terminated or otherwise 

6 closed by the Center. 

7 ‘‘(4) The number of such misconduct com8 plaints reported to law enforcement agencies by the 

9 Center for further investigation. 

10 ‘‘(5) The number of discretionary cases accept11 ed or declined by the Center, by sport. 

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

13 such cases and misconduct complaints. 

14 ‘‘(7) Information relating to the educational ac15 tivities and trainings conducted by the office of edu16 cation and outreach of the Center during the pre17 ceding quarter, including the number of educational 

18 activities and trainings developed and provided. 

19 ‘‘(j) CERTIFICATIONS OF INDEPENDENCE.— 

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

21 after the end of a fiscal year, the Comptroller Gen22 eral of the United States shall make available to the 

23 public a certification relating to the Center’s inde24 pendence from the corporation. 
64 

†S 2330 ES

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

2 paragraph (1) shall include the following: 

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

4 prohibition on employment of former employees 

5 or board members of the corporation under sub6 section (f) has occurred during the year pre7 ceding the certification. 

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

9 attorney for the Center has had an inappro10 priate conflict of interest during that year. 

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

12 has interfered in, or attempted to influence the 

13 outcome of, an investigation by the Center. 

14 ‘‘(D) Any recommendations of the Comp15 troller General for resolving any potential risks 

16 to the Center’s independence from the corpora17 tion. 

18 ‘‘(3) AUTHORITY OF COMPTROLLER GEN19 ERAL.— 

20 ‘‘(A) IN GENERAL.—The Comptroller Gen21 eral may take such reasonable steps as, in the 

22 view of the Comptroller General, are necessary 

23 to be fully informed about the operations of the 

24 corporation and the Center. 
65 

†S 2330 ES

1 ‘‘(B) SPECIFIC AUTHORITIES.—The Comp2 troller General shall have— 

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

4 copies of, any and all nonprivileged books, 

5 records, accounts, correspondence, files, or 

6 other documents or electronic records, in7 cluding emails, of officers, agents, and em8 ployees of the Center or the corporation; 

9 and 

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

11 employee, agent, or consultant of the Cen12 ter or the corporation. 

13 ‘‘(C) TREATMENT OF PRIVILEGED INFOR14 MATION.—If, under this subsection, the Comp15 troller General seeks access to information con16 tained within privileged documents or materials 

17 in the possession of the Center or the corpora18 tion, the Center or the corporation, as the case 

19 may be, shall, to the maximum extent prac20 ticable, provide the Comptroller General with 

21 the information without compromising the ap22 plicable privilege.’’. 

23 (2) TECHNICAL AND CONFORMING AMEND24 MENTS.— 
66 

†S 2330 ES

1 (A) Subchapter IV of chapter 2205 of title 

2 36, United States Code, as redesignated by sec3 tion 5(a)(1), is amended in the subchapter 

4 heading by striking ‘‘SAFE SPORT’’ and in5 serting ‘‘SAFESPORT’’. 

6 (B) The table of sections for chapter 2205 

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

8 striking the item relating to section 220541 and 

9 inserting the following: 

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

10 (b) ADDITIONAL DUTIES OF CENTER.—Section 

11 220542 of title 36, United States Code, is amended— 

12 (1) in the section heading, by striking the pe13 riod at the end; and 

14 (2) in subsection (a)— 

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

16 and inserting a semicolon; and 

17 (B) in paragraph (2)— 

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

19 clauses (i) and (ii) and inserting the fol20 lowing: 

21 ‘‘(i) law enforcement consistent with 

22 section 226 of the Victims of Child Abuse 

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

24 ‘‘(ii) the Center, whenever such mem25 bers or adults learn of facts leading them 
67 

†S 2330 ES

1 to suspect reasonably that an amateur ath2 lete who is a minor has suffered an inci3 dent of child abuse;’’; 

4 (ii) by redesignating subparagraphs 

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

6 through (I), respectively; 

7 (iii) by inserting after subparagraph 

8 (A) the following: 

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

10 immediately report to law enforcement con11 sistent with section 226 of the Victims of Child 

12 Abuse Act of 1990 (34 U.S.C. 20341) any alle13 gation of child abuse of an amateur athlete who 

14 is a minor, including any report of such abuse 

15 submitted to the Center by a minor or by any 

16 person who is not otherwise required to report 

17 such abuse; 

18 ‘‘(C) 1 or more policies that prohibit any 

19 individual who is an employee, contractor, or 

20 agent of the Center from assisting a member or 

21 former member in obtaining a new job (except 

22 for the routine transmission of administrative 

23 and personnel files) if the individual knows that 

24 such member or former member violated the 

25 policies or procedures of the Center related to 
68 

†S 2330 ES

1 sexual misconduct or was convicted of a crime 

2 involving sexual misconduct with a minor in vio3 lation of applicable law; 

4 ‘‘(D) a requirement that the Center, in5 cluding any officer, agent, attorney, or staff 

6 member of the Center, shall not take any action 

7 to notify an alleged perpetrator of abuse of an 

8 amateur athlete of any ongoing investigation or 

9 accusation unless— 

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

11 an imminent hazard will result from failing 

12 to so notify the alleged perpetrator; or 

13 ‘‘(ii) law enforcement— 

14 ‘‘(I) authorizes the Center to 

15 take such action; or 

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

17 or fails to respond to the Center with 

18 respect to, the allegation within 72 

19 hours after the time at which the Cen20 ter reports to law enforcement under 

21 subparagraph (B);’’; 

22 (iv) in subparagraph (F), as so redes23 ignated, by inserting ‘‘, including commu24 nications,’’ after ‘‘interactions’’; 
69 

†S 2330 ES

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

2 so redesignated, to read as follows: 

3 ‘‘(G) procedures to prohibit retaliation by 

4 the corporation or any national governing body 

5 against any individual who makes— 

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

7 or (E); or 

8 ‘‘(ii) any other report relating to 

9 abuse of any amateur athlete, including 

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

11 (vi) in subparagraph (H), as so redes12 ignated, by striking ‘‘; and’’ and inserting 

13 a semicolon; 

14 (vii) in subparagraph (I), as so redes15 ignated, by striking the period at the end 

16 of clause (ii) and inserting a semicolon; 

17 and 

18 (viii) by adding at the end the fol19 lowing: 

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

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

22 any evidence relating to other sexual behavior 

23 or the sexual predisposition of the alleged vic24 tim, or the admission of any such evidence in 

25 arbitration, unless the probative value of the 
70 

†S 2330 ES

1 use or admission of such evidence, as deter2 mined by the Center or the arbitrator, as appli3 cable, substantially outweighs the danger of— 

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

5 and 

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

7 and 

8 ‘‘(K) training for investigators on appro9 priate methods and techniques for ensuring sen10 sitivity toward alleged victims during interviews 

11 and other investigative activities.’’. 

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

13 220543 of title 36, United States Code, is amended— 

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

15 following: 

16 ‘‘(b) AUDITS AND TRANSPARENCY.— 

17 ‘‘(1) ANNUAL AUDIT.— 

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

19 than annually, the financial statements of the 

20 Center for the preceding fiscal year shall be au21 dited by an independent auditor in accordance 

22 with generally accepted accounting principles— 

23 ‘‘(i) to ensure the adequacy of the in24 ternal controls of the Center; and 
71 

†S 2330 ES

1 ‘‘(ii) to prevent waste, fraud, or mis2 use of funds transferred to the Center by 

3 the corporation or the national governing 

4 bodies. 

5 ‘‘(B) LOCATION.—An audit under sub6 paragraph (A) shall be conducted at the loca7 tion at which the financial statements of the 

8 Center normally are kept. 

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

10 after the date on which an audit under sub11 paragraph (A) is completed, the independent 

12 auditor shall issue an audit report. 

13 ‘‘(D) CORRECTIVE ACTION PLAN.— 

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

15 the audit report under subparagraph (C) 

16 for a fiscal year, the Center shall prepare, 

17 in a separate document, a corrective action 

18 plan that responds to any corrective action 

19 recommended by the independent auditor. 

20 ‘‘(ii) MATTERS TO BE INCLUDED.—A 

21 corrective action plan under clause (i) shall 

22 include the following for each such correc23 tive action: 

24 ‘‘(I) The name of the person re25 sponsible for the corrective action. 
72 

†S 2330 ES

1 ‘‘(II) A description of the 

2 planned corrective action. 

3 ‘‘(III) The anticipated completion 

4 date of the corrective action. 

5 ‘‘(IV) In the case of a rec6 ommended corrective action based on 

7 a finding in the audit report with 

8 which the Center disagrees, or for 

9 which the Center determines that cor10 rective action is not required, an ex11 planation and a specific reason for 

12 noncompliance with the recommenda13 tion. 

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

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

16 Center shall provide the independent auditor access 

17 to all records, documents, and personnel and finan18 cial statements of the Center necessary to carry out 

19 the audit. 

20 ‘‘(3) PUBLIC AVAILABILITY.— 

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

22 make available to the public on an easily acces23 sible internet website of the Center— 

24 ‘‘(i) each audit report under para25 graph (1)(C); 
73 

†S 2330 ES

1 ‘‘(ii) the Internal Revenue Service 

2 Form 990 of the Center for each year, 

3 filed under section 501(c) of the Internal 

4 Revenue Code of 1986; and 

5 ‘‘(iii) the minutes of the quarterly 

6 meetings of the board of directors of the 

7 Center. 

8 ‘‘(B) PERSONALLY IDENTIFIABLE INFOR9 MATION.—An audit report or the minutes made 

10 available under subparagraph (A) shall not in11 clude the personally identifiable information of 

12 any individual. 

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

14 of this subsection, the Center shall be considered a 

15 private entity. 

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

17 report to Congress, including— 

18 ‘‘(1) a strategic plan with respect to the man19 ner in which the Center shall fulfill its duties under 

20 sections 220541 and 220542; 

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

22 by the Center to comply with such strategic plan 

23 during the preceding year; 
74 

†S 2330 ES

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; 
75 

†S 2330 ES

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 
76 

†S 2330 ES

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 
77 

†S 2330 ES

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— 
78 

†S 2330 ES

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: 
79 

†S 2330 ES

1 (i) Experience in 1 or more of the fol2 lowing: 

3 (I) Amateur, Olympic and 

4 Paralympic, 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. 
80 

†S 2330 ES

1 (d) QUORUM.—11 members of the Commission shall 

2 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; 
81 

†S 2330 ES

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 
82 

†S 2330 ES

1 Paralympic Committee to recruit the 

2 Olympic and Paralympic Games to the 

3 United 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. 
83 

†S 2330 ES

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, 
84 

†S 2330 ES

1 the remaining provisions of this Act and the amendments 

2 made by this Act shall not be affected. 

Passed the Senate August 4, 2020. 

Attest: 

Secretary. 

116TH CONGRESS 

2D SESSION S. 2330 

AN ACT 

To amend the Ted Stevens Olympic and Amateur 

and sexual abuse, and for other purposes. tect amateur athletes from emotional, physical, Olympic and Paralympic Committee and to proof the board of directors of the United States Sports Act to provide for congressional oversight