II 

116TH CONGRESS 

1ST SESSION S. 2330 

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 SENATE OF THE UNITED STATES 

JULY 30, 2019 

Mr. MORAN (for himself and Mr. BLUMENTHAL) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 and Amateur Athletes Act of 2019’’. 


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1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

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

4 to action to end emotional, physical, and sexual 

5 abuse in the Olympic and Paralympic movement. 

6 (2) Larry Nassar, the former national team 

7 doctor for USA Gymnastics, sexually abused over 

8 300 athletes for over two decades because of ineffec9 tive oversight by USA Gymnastics and the United 

10 States Olympic Committee. 

11 (3) While the case of Larry Nassar is unprece12 dented in scale, the case is hardly the only recent in13 cident of sexual abuse in amateur sports. 

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

15 survivors of abuse in the Olympic and Paralympic 

16 movement deserve justice and redress for the wrongs 

17 the survivors have suffered. 

18 (5) After a comprehensive congressional inves19 tigation, including interviews and statements from 

20 survivors, former and current organization officials, 

21 law enforcement, and advocates, Congress found 

22 that the United States Olympic Committee and USA 

23 Gymnastics fundamentally failed to uphold their ex24 isting statutory purposes and duties to protect ama25 teur athletes from sexual, emotional, or physical 

26 abuse. 


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1 (6) USA Gymnastics and the United States 

2 Olympic Committee knowingly concealed abuse by 

3 Larry Nassar, leading to the abuse of dozens of ad4 ditional amateur athletes during the period begin5 ning in the summer of 2015 and ending in Sep6 tember 2016. 

7 (7) Ending abuse in the Olympic and 

8 Paralympic movement requires enhanced oversight 

9 to ensure that the Olympic and Paralympic move10 ment does more to serve athletes and protect their 

11 voice and safety. 

12 SEC. 3. UNITED STATES OLYMPIC AND PARALYMPIC COM13 MITTEE. 

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

15 States Code, is amended— 

16 (1) in section 220501(b)(6), by striking 

17 ‘‘United States Olympic Committee’’ and inserting 

18 ‘‘United States Olympic and Paralympic Com19 mittee’’; 

20 (2) in section 220502, by amending subsection 

21 (c) to read as follows: 

22 ‘‘(c) REFERENCES TO UNITED STATES OLYMPIC AS23 SOCIATION AND UNITED STATES OLYMPIC COMMITTEE.— 

24 Any reference to the United States Olympic Association 

25 or the United States Olympic Committee is deemed to 


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1 refer to the United States Olympic and Paralympic Com2 mittee.’’; 

3 (3) in section 2205506(a), by striking ‘‘United 

4 States Olympic Committee’’ and inserting ‘‘United 

5 States Olympic and Paralympic Committee’’; and 

6 (4) in section 220531, by striking ‘‘United 

7 States Olympic Committee’’ each place it appears 

8 and inserting ‘‘United States Olympic and 

9 Paralympic Committee’’. 

10 (b) CONFORMING AMENDMENT.—The table of chap11 ters for part B of subtitle II of title 36, United States 

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

13 2205 and inserting the following: 

‘‘2205. United States Olympic and Paralympic Committee .........................................................................220501’’. 

14 SEC. 4. CONGRESSIONAL OVERSIGHT OF UNITED STATES 

15 OLYMPIC AND PARALYMPIC COMMITTEE AND 

16 NATIONAL GOVERNING BODIES. 

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

18 States Code, is amended— 

19 (1) by redesignating the second subchapter des20 ignated as subchapter III (relating to the United 

21 States Center for Safe Sport), as added by section 

22 202 of the Protecting Young Victims from Sexual 

23 Abuse and Safe Sport Authorization Act of 2017 


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

2 IV; and 

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

4 ‘‘SUBCHAPTER V—DISSOLUTION OF BOARD OF 

5 DIRECTORS OF CORPORATION AND TERMI6 NATION OF RECOGNITION OF NATIONAL 

7 GOVERNING BODIES 

8 ‘‘§ 220551. Definitions 

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

10 a joint resolution— 

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

12 ‘‘(2) for which— 

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

14 resolution to dissolve the board of directors of 

15 the United States Olympic and Paralympic 

16 Committee’; and 

17 ‘‘(ii) the matter after the resolving 

18 clause— 

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

20 finds that dissolving the board of directors 

21 of the United States Olympic and 

22 Paralympic Committee would not unduly 

23 interfere with the operations of chapter 

24 2205 of title 36, United States Code’; and 


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1 ‘‘(II) prescribes adequate procedures 

2 for forming a board of directors of the cor3 poration with all reasonable expediency 

4 and in a manner that safeguards the vot5 ing power of the representatives of ama6 teur athletes at all times; or 

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

8 resolution relating to terminating the recogni9 tion of a national governing body’; and 

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

11 is only as follows: ‘That Congress determines 

12 that lllllllll, which is recognized 

13 as a national governing body under section 

14 220521 of title 36, United States Code, has 

15 failed to fulfill its duties, as described in section 

16 220524 of title 36, United States Code’, the 

17 blank space being filled in with the name of the 

18 applicable national governing body. 

19 ‘‘§ 220552. Dissolution of board of directors of cor20 poration and termination of recognition 

21 of national governing bodies 

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

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

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1 spect to the board of directors of the corporation, such 

2 board of directors shall be dissolved. 

3 ‘‘(b) TERMINATION OF RECOGNITION OF NATIONAL

4 GOVERNING BODY.—Effective on the date of enactment 

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

6 with respect to a national governing body, the recognition 

7 of the applicable amateur sports organization as a national 

8 governing body shall cease to have force or effect. 

9 ‘‘§ 220553. Joint resolution 

10 ‘‘(a) REFERRAL AND REPORTING.— 

11 ‘‘(1) HOUSE OF REPRESENTATIVES.— 

12 ‘‘(A) IN GENERAL.—In the House of Rep13 resentatives, a joint resolution shall be referred 

14 to the Committee on Energy and Commerce. 

15 ‘‘(B) DISCHARGE.—The Committee on En16 ergy and Commerce shall be discharged from 

17 further consideration of a joint resolution and 

18 the joint resolution shall be referred to the ap19 propriate calendar on the date on which not less 

20 than three-fifths of the Members of the House 

21 of Representatives, duly chosen and sworn, are 

22 listed as cosponsors of the joint resolution. 

23 ‘‘(C) LIMITATION ON CONSIDERATION.— 

24 Except as provided in subsection (e)(1), it shall 


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1 not be in order for the House of Representa2 tives to consider a joint resolution unless— 

3 ‘‘(i) the joint resolution is reported by 

4 the Committee on Energy and Commerce; 

5 or 

6 ‘‘(ii) the Committee on Energy and 

7 Commerce is discharged from further con8 sideration of the joint resolution under 

9 subparagraph (B). 

10 ‘‘(2) SENATE.— 

11 ‘‘(A) IN GENERAL.—In the Senate, a joint 

12 resolution shall be referred to the Committee on 

13 Commerce, Science, and Transportation. 

14 ‘‘(B) DISCHARGE.—The Committee on 

15 Commerce, Science, and Transportation shall 

16 be discharged from further consideration of the 

17 joint resolution and the joint resolution shall be 

18 referred to the appropriate calendar on the date 

19 on which not less than three-fifths of the Mem20 bers of the Senate, duly chosen and sworn, are 

21 listed as cosponsors of the joint resolution. 

22 ‘‘(C) LIMITATION ON CONSIDERATION.— 

23 Except as provided in subsection (e)(1), it shall 

24 not be in order for the Senate to consider a 

25 joint resolution unless— 


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1 ‘‘(i) the joint resolution is reported by 

2 the Committee on Commerce, Science, and 

3 Transportation; or 

4 ‘‘(ii) the Committee on Commerce, 

5 Science, and Transportation is discharged 

6 from further consideration of the joint res7 olution under subparagraph (B). 

8 ‘‘(b) EXPEDITED CONSIDERATION IN HOUSE OF

9 REPRESENTATIVES.— 

10 ‘‘(1) PROCEEDING TO CONSIDERATION.—After 

11 the Committee on Energy and Commerce reports a 

12 joint resolution to the House of Representatives or 

13 has been discharged from its consideration in ac14 cordance with subsection (a)(1)(B), it shall be in 

15 order to move to proceed to consider the joint reso16 lution in the House of Representatives. All points of 

17 order against the motion are waived. Such a motion 

18 shall not be in order after the House of Representa19 tives has disposed of a motion to proceed on a joint 

20 resolution. The previous question shall be considered 

21 as ordered on the motion to its adoption without in22 tervening motion. The motion is highly privileged in 

23 the House of Representatives and is not debatable. 

24 A motion to reconsider the vote by which the motion 

25 is disposed of shall not be in order. 


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1 ‘‘(2) CONSIDERATION.—A joint resolution shall 

2 be considered as read. All points of order against the 

3 joint resolution and against its consideration are 

4 waived. The previous question shall be considered as 

5 ordered on the joint resolution to its final passage 

6 without intervening motion except 2 hours of debate 

7 equally divided and controlled by the proponent and 

8 an opponent. A motion to reconsider the vote on 

9 passage of the joint resolution shall not be in order. 

10 ‘‘(c) EXPEDITED PROCEDURE IN SENATE.— 

11 ‘‘(1) MOTION TO PROCEED.—Notwithstanding 

12 rule XXII of the Standing Rules of the Senate, after 

13 the Committee on Commerce, Science, and Trans14 portation reports a joint resolution to the Senate or 

15 has been discharged from its consideration in ac16 cordance with subsection (a)(2)(B), it shall be in 

17 order for any Member of the Senate to move to pro18 ceed to the consideration of the joint resolution. A 

19 motion to proceed is in order even though a previous 

20 motion to the same effect has been disagreed to. The 

21 motion to proceed is not debatable. The motion is 

22 not subject to a motion to postpone. A motion to re23 consider the vote by which the motion is agreed to 

24 or disagreed to shall not be in order. If a motion to 

25 proceed to the consideration of the joint resolution 


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1 is agreed to, the joint resolution shall remain the un2 finished business until disposed of. 

3 ‘‘(2) CONSIDERATION.—Consideration of a joint 

4 resolution, and on all debatable motions and appeals 

5 in connection therewith, shall be limited to not more 

6 than 10 hours, which shall be divided equally be7 tween the Majority and Minority Leaders or their 

8 designees. A motion further to limit debate is in 

9 order and not debatable. A motion to postpone, a 

10 motion to proceed to the consideration of other busi11 ness, or a motion to recommit the joint resolution is 

12 not in order. Any debatable motion is debatable for 

13 not to exceed 1 hour, to be divided equally between 

14 those favoring and those opposing the motion. All 

15 time used for consideration of the joint resolution, 

16 including time used for quorum calls and voting, 

17 shall be counted against the total 10 hours of con18 sideration. 

19 ‘‘(3) VOTE ON PASSAGE.—If the Senate has 

20 voted to proceed to a joint resolution, the vote on 

21 passage of the joint resolution shall occur imme22 diately following the conclusion of consideration of 

23 the joint resolution, and a single quorum call at the 

24 conclusion of the consideration if requested in ac25 cordance with the rules of the Senate. 


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1 ‘‘(4) RULINGS OF THE CHAIR ON PROCE2 DURE.—Appeals from the decisions of the Chair re3 lating to the application of the rules of the Senate 

4 to the procedure relating to a joint resolution shall 

5 be decided without debate. 

6 ‘‘(d) AMENDMENTS NOT IN ORDER.—A joint resolu7 tion shall not be subject to amendment in either the House 

8 of Representatives or the Senate. 

9 ‘‘(e) RULES TO COORDINATE ACTION WITH OTHER

10 HOUSE.— 

11 ‘‘(1) TREATMENT OF JOINT RESOLUTION OF

12 OTHER HOUSE.— 

13 ‘‘(A) IN GENERAL.—If the Senate or 

14 House of Representatives fails to introduce or 

15 consider a joint resolution under this section, 

16 the joint resolution of the other House— 

17 ‘‘(i) shall be entitled to expedited floor 

18 procedures described under this section; 

19 and 

20 ‘‘(ii) may be referred in the receiving 

21 chamber or may be held at the desk. 

22 ‘‘(B) POTENTIAL REFERRAL.—If a joint 

23 resolution referred to a committee under sub24 paragraph (A)(ii) is cosponsored by not less 

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1 nating House, duly chosen and sworn, the com2 mittee shall report the joint resolution not later 

3 than 20 days after the date on which the joint 

4 resolution is referred to the committee. 

5 ‘‘(2) VETOES.—If the President vetoes a joint 

6 resolution, debate on a veto message in the Senate 

7 under this section shall be 1 hour equally divided be8 tween the Majority and Minority leaders or their 

9 designees. 

10 ‘‘(f) RULEMAKING FUNCTION.—This section is en11 acted by Congress— 

12 ‘‘(1) as an exercise of the rulemaking power of 

13 the Senate and House of Representatives, respec14 tively, and as such it is deemed a part of the rules 

15 of each House, respectively, but applicable only with 

16 respect to the procedure to be followed in that 

17 House in the case of a joint resolution, and it super18 sedes other rules only to the extent that it is incon19 sistent with such rules; and 

20 ‘‘(2) with full recognition of the constitutional 

21 right of either House to change the rules (so far as 

22 relating to the procedure of that House) at any time, 

23 in the same manner, and to the same extent as in 

24 the case of any other rule of that House.’’. 


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1 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

3 States Code, is amended— 

4 (1) by striking the second item relating to sub5 chapter III (relating to the United States Center for 

6 Safe Sport), as added by section 202 of the Pro7 tecting Young Victims from Sexual Abuse and Safe 

8 Sport Authorization Act of 2017 (Public Law 115– 

9 126; 132 Stat. 320) and inserting the following: 

‘‘SUBCHAPTER IV—UNITED STATES CENTER FOR SAFE SPORT’’; AND

10 (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. 

‘‘220553. Joint resolution.’’. 

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

12 this section shall take effect on the date that is one year 

13 after the date of the enactment of this Act. 

14 SEC. 5. MODIFICATIONS TO UNITED STATES OLYMPIC AND 

15 PARALYMPIC COMMITTEE. 

16 (a) PURPOSES OF THE CORPORATION.—Section 

17 220503 of title 36, United States Code, is amended— 

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

19 inserting a semicolon; 

20 (2) in paragraph (15), by striking the period at 

21 the end and inserting ‘‘; and’’; and 


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

2 ‘‘(16) to exercise effective oversight of the na3 tional governing bodies with respect to the establish4 ment of a safe environment in sports that is free 

5 from abuse, including emotional, physical, and sex6 ual abuse, of any amateur athlete.’’. 

7 (b) REPRESENTATION OF AMATEUR ATHLETES.— 

8 Section 220504 of title 36, United States Code, is amend9 ed— 

10 (1) in subsection (b)(2)— 

11 (A) in the matter preceding subparagraph 

12 (A), by striking ‘‘within the preceding 10 

13 years’’; 

14 (B) in subparagraph (A), by striking ‘‘; 

15 and’’ and inserting a semicolon; 

16 (C) in subparagraph (B)— 

17 (i) by striking ‘‘20 percent’’ and inserting ‘‘1 18 ⁄3’’; and 

19 (ii) by inserting ‘‘, including any panel 

20 empowered to resolve grievances’’ before 

21 the semicolon; 

22 (D) by redesignating subparagraph (B) as 

23 subparagraph (D); and 

24 (E) by inserting after subparagraph (A) 

25 the following: 


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

2 Advisory Council holds voting power on the 

3 board of directors of the corporation and in the 

4 committees and entities of the corporation; 

‘‘(C) require that 1 5 ⁄3 of the membership of 

6 the board of directors of the corporation shall 

7 be composed of, and elected by, such amateur 

8 athletes; and’’; and 

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

10 ‘‘(c) CONFLICT OF INTEREST.—An amateur athlete 

11 who represents amateur athletes under subsection (b)(2) 

12 shall not be employed by the Center during the 2-year pe13 riod beginning on the date on which the amateur athlete 

14 ceases such representation.’’. 

15 (c) DUTY OF CARE.— 

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

17 United States Code, is amended— 

18 (A) in the section heading, by striking 

19 ‘‘Powers’’ and inserting ‘‘Powers and 

20 duty of care’’; and 

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

22 ‘‘(d) DUTY OF CARE.— 

23 ‘‘(1) IN GENERAL.—The corporation owes to 

24 amateur athletes a duty of care— 


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1 ‘‘(A) to ensure that each national gov2 erning body and paralympic sports organization 

3 complies with the oversight practices, policies, 

4 and procedures developed under paragraph (3) 

5 of section 220541(a); 

6 ‘‘(B) to immediately report to law enforce7 ment any allegation of child abuse of an ama8 teur athlete who is a minor; 

9 ‘‘(C) to ensure that each national gov10 erning body and paralympic sports organization 

11 has in place policies and procedures to report 

12 immediately any allegation of child abuse of an 

13 amateur athlete, consistent with— 

14 ‘‘(i) the polices and procedures devel15 oped under paragraph (3) of section 

16 220541(a); and 

17 ‘‘(ii) the requirement described in 

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

19 and 

20 ‘‘(D) to ensure that each national gov21 erning body and paralympic sports organiza22 tions enforces temporary measures and sanc23 tions issued pursuant to the authority of the 

24 Center. 


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

2 this subsection shall be construed to preempt or oth3 erwise abrogate the duty of care of the corporation 

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

5 (2) CONFORMING AMENDMENT.—The table of 

6 sections for chapter 2205 of title 36, United States 

7 Code, is amended by striking the item relating to 

8 section 220505 and inserting the following: 

‘‘220505. Powers and duty of care.’’. 

9 (d) POLICY WITH RESPECT TO ASSISTING MEMBER

10 OR FORMER MEMBER TO OBTAIN NEW JOBS.—Section 

11 220507 of title 36, United States Code, is amended by 

12 adding at the end the following: 

13 ‘‘(c) POLICY WITH RESPECT TO ASSISTING MEM14 BERS OR FORMER MEMBERS IN OBTAINING NEW JOBS.— 

15 The corporation shall develop one or more policies that 

16 prohibit any individual who is an employee, a contractor, 

17 or an agent of the corporation from assisting a member 

18 or former member in obtaining a new job, except the rou19 tine transmission of administrative and personnel files, if 

20 the individual knows that such member or former member 

21 engaged in sexual misconduct regarding a minor in viola22 tion of the law.’’. 

23 (e) OFFICE OF OMBUDSMAN.—Section 220509(b) of 

24 title 36, United States Code, is amended— 


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1 (1) in the subsection heading, by striking ‘‘OM2 BUDSMAN’’ and inserting ‘‘OFFICE OF THE OM3 BUDSMAN’’; 

4 (2) in paragraph (2)— 

5 (A) in subparagraph (A), by moving 

6 clauses (i) through (iii) two ems to the right; 

7 (B) by striking ‘‘(2) (A) The procedure’’ 

8 and inserting the following: 

9 ‘‘(2) HIRING PROCEDURES; VACANCY; TERMI10 NATION.— 

11 ‘‘(A) HIRING PROCEDURES.—The proce12 dure’’; 

13 (C) in subparagraph (B)— 

14 (i) by moving clauses (i) through (iii) 

15 to ems to the right; and 

16 (ii) by striking ‘‘(B) The corporation’’ 

17 and inserting the following: 

18 ‘‘(C) TERMINATION.—The corporation’’; 

19 and 

20 (D) in the undesignated matter following 

21 clause (iii) of subparagraph (A), by striking ‘‘If 

22 there is’’ and inserting the following: 

23 ‘‘(B) VACANCY.—If there is’’; 

24 (3) by redesignating paragraph (2) as para25 graph (3); 


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1 (4) in paragraph (1), in the matter preceding 

2 subparagraph (A), by striking ‘‘(1) The corporation’’ 

3 and all that follows through ‘‘who shall—’’ and in4 serting the following: 

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

6 and provide salary, benefits, and administrative ex7 penses for an ombudsman and support staff for ath8 letes. 

9 ‘‘(2) DUTIES.—The ombudsman shall—’’; 

10 (5) in paragraph (2), as so designated by para11 graph (4)— 

12 (A) in subparagraph (B), by striking ‘‘; 

13 and’’ and inserting a semicolon; 

14 (B) by redesignating subparagraph (C) as 

15 subparagraph (D); and 

16 (C) by inserting after subparagraph (B) 

17 the following: 

18 ‘‘(C) provide independent advice to report19 ing parties with respect to— 

20 ‘‘(i) the role, responsibility, and au21 thority of the Center; 

22 ‘‘(ii) the relative merits of engaging 

23 legal counsel; and 


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1 ‘‘(iii) the factual allegations that may 

2 support the ability of the Center to pursue 

3 a claim of abuse; and’’; and 

4 (6) by inserting after paragraph (3), as redesig5 nated by paragraph (3), the following: 

6 ‘‘(4) CONFIDENTIALITY.— 

7 ‘‘(A) IN GENERAL.—Except as provided in 

8 subparagraph (B), the ombudsman shall main9 tain confidential any information communicated 

10 or provided to the ombudsman in any matter 

11 involving the exercise of the official duties of 

12 the ombudsman. 

13 ‘‘(B) EXCEPTION.—The ombudsman may 

14 disclose information described in subparagraph 

15 (A) as necessary to resolve or mediate a dis16 pute. 

17 ‘‘(C) JUDICIAL AND ADMINISTRATIVE PRO18 CEEDINGS.— 

19 ‘‘(i) IN GENERAL.—The ombudsman 

20 shall not be compelled to testify or produce 

21 evidence in any judicial or administrative 

22 proceeding with respect to any matter in23 volving the exercise of the duties of the 

24 ombudsman. 


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1 ‘‘(ii) WORK PRODUCT.—Any memo2 randum, work product, notes, or case file 

3 of the office of the ombudsman— 

4 ‘‘(I) shall be confidential; and 

5 ‘‘(II) shall not be— 

6 ‘‘(aa) subject to discovery, 

7 subpoena, or any other means of 

8 legal compulsion; or 

9 ‘‘(bb) admissible as evidence 

10 in a judicial or administrative 

11 proceeding. 

12 ‘‘(D) APPLICABILITY.—The confidentiality 

13 requirements under this paragraph shall not 

14 apply to information relating to— 

15 ‘‘(i) applicable federally mandated re16 porting requirements; 

17 ‘‘(ii) a felony personally witnessed by 

18 a member of the office of the ombudsman; 

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

20 office of the ombudsman, in which an indi21 vidual is at imminent risk of serious harm; 

22 or 

23 ‘‘(iv) a congressional subpoena. 

24 ‘‘(5) PROHIBITION ON RETALIATION.—An em25 ployee or a member of the corporation who has auVerDate Sep 11 2014 00:53 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S2330.IS S2330

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1 thority to take, direct others to take, recommend, or 

2 approve any personnel action, shall not, with respect 

3 to such authority, take or threaten to take any ac4 tion against any employee or member as a reprisal 

5 for disclosing information to the ombudsman or 

6 seeking assistance in mediation. 

7 ‘‘(6) INDEPENDENCE IN CARRYING OUT DU8 TIES.—The board of directors of the corporation or 

9 any other member or employee of the corporation 

10 shall not prevent or prohibit the ombudsman from 

11 carrying out any duty or responsibility under this 

12 section.’’. 

13 (f) REPORTS AND AUDITS.— 

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

15 United States Code, is amended— 

16 (A) in the section heading, by striking 

17 ‘‘Report’’ and inserting ‘‘Reports and au18 dits’’; 

19 (B) in subsection (a)— 

20 (i) in the matter preceding paragraph 

21 (1)— 

22 (I) by striking ‘‘every fourth 

23 year’’ and inserting ‘‘annually’’; and 

24 (II) by striking ‘‘4 years’’ and in25 serting ‘‘calendar year’’; 


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1 (ii) by striking paragraph (1); 

2 (iii) by redesignating paragraphs (2), 

3 (3), and (4) as paragraphs (1), (2), and 

4 (3), respectively; 

5 (iv) in paragraph (1), as so redesig6 nated, by striking ‘‘such 4-year period’’ 

7 and inserting ‘‘such calendar year’’; 

8 (v) in paragraph (2), as so redesig9 nated, by striking ‘‘; and’’ and inserting a 

10 semicolon; 

11 (vi) in paragraph (3), as so redesig12 nated, by striking the period at the end 

13 and inserting a semicolon; and 

14 (vii) by adding at the end the fol15 lowing: 

16 ‘‘(4) a description of any lawsuit or grievance 

17 filed against the corporation, including any dispute 

18 initiated under this chapter; and 

19 ‘‘(5) the agenda and minutes of any meeting of 

20 the board of directors of the corporation.’’; and 

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

22 ‘‘(c) AUDIT.— 

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

24 annually, the financial statements of the corporation 

25 for the preceding fiscal year shall be audited in acVerDate Sep 11 2014 00:53 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S2330.IS S2330

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1 cordance with generally accepted auditing standards 

2 by— 

3 ‘‘(A) an independent certified public ac4 countant; or 

5 ‘‘(B) an independent licensed public ac6 countant who is certified or licensed by the reg7 ulatory authority of a State or a political sub8 division of a State. 

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

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

11 financial statements of the corporation normally are 

12 kept. 

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

14 audit under paragraph (1) shall be given access to— 

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

16 used by the corporation, as necessary to facili17 tate the audit; and 

18 ‘‘(B) full access to any facility under audit 

19 for the purpose of verifying transactions, in20 cluding any balance or security held by a depos21 itory, fiscal agent, or custodian. 

22 ‘‘(4) REPORT.— 

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

24 days after the end of the fiscal year for which 

25 an audit is carried out, the auditor shall submit 


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1 a report on the audit to the Committee on 

2 Commerce, Science, and Transportation of the 

3 Senate, the Committee on Energy and Com4 merce of the House of Representatives, and the 

5 chair of the Athletes’ Advisory Council. 

6 ‘‘(B) MATTERS TO BE INCLUDED.—Each 

7 report under subparagraph (A) shall include the 

8 following for the applicable fiscal year: 

9 ‘‘(i) Any statement necessary to 

10 present fairly the assets, liabilities, and 

11 surplus or deficit of the corporation. 

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

13 amounts of such assets, liabilities, and sur14 plus or deficit. 

15 ‘‘(iii) A detailed statement of the in16 come and expenses of the corporation, in17 cluding the results of any trading, manu18 facturing, publishing, or other commercial 

19 endeavor. 

20 ‘‘(iv) A detailed statement of the 

21 amounts spent on stipends and services for 

22 athletes. 

23 ‘‘(v) A detailed statement of the 

24 amounts allocated to the national gov25 erning bodies. 


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1 ‘‘(vi) Such comments and information 

2 as the auditor considers necessary to in3 form Congress of the financial operations 

4 and condition of the corporation. 

5 ‘‘(vii) Recommendations relating to 

6 the financial operations and condition of 

7 the corporation. 

8 ‘‘(C) FORM.—A report under this para9 graph may not be printed as a public document, 

10 except as part of proceedings authorized to be 

11 printed under section 1332 of title 44.’’. 

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 SEC. 6. MODIFICATIONS TO NATIONAL GOVERNING BODIES. 

17 (a) CORPORATION RESPONSIBLE FOR OBLIGATIONS

18 OF NATIONAL GOVERNING BODIES.—Section 220521(d) 

19 of title 36, United States Code, is amended by striking 

20 ‘‘The corporation may review’’ and inserting ‘‘Not later 

21 than 8 years after the date of the enactment of the Em22 powering Olympic and Amateur Athletes Act of 2019, and 

23 not less frequently than once every 4 years thereafter, the 

24 corporation shall review’’. 


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1 (b) ELIGIBILITY REQUIREMENTS WITH RESPECT TO

2 GOVERNING BOARDS.—Section 220522(a) of title 36, 

3 United States Code, is amended— 

4 (1) by redesignating paragraphs (10) through 

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

6 (2) by inserting after paragraph (9) the fol7 lowing: 

8 ‘‘(10) ensures that the selection criteria for in9 dividuals and teams that represent the United 

10 States are as objective as possible;’’; 

11 (3) by striking paragraph (13), as so redesig12 nated, and inserting the following: 

13 ‘‘(13) demonstrates, based on guidelines ap14 proved by the corporation, the Athletes’ Advisory 

15 Council, and the National Governing Bodies’ Coun16 cil, that— 

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

18 governing boards have established criteria and 

19 election procedures for, and maintain among 

20 their voting members, individuals who— 

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

22 and 

23 ‘‘(ii) are actively engaged in amateur 

24 athletic competition in the sport for which 

25 recognition is sought; 


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

2 such organization has been approved by— 

3 ‘‘(i) the corporation; and 

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

5 and 

6 ‘‘(C) the voting power held by such individuals is not less than 1 7 ⁄3 of the voting power held 

8 in its board of directors and other such gov9 erning boards;’’; 

10 (4) in paragraph (15), as so redesignated, by 

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

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

13 striking the period at the end and inserting ‘‘; and’’; 

14 and 

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

16 ‘‘(17) commits to meeting any minimum stand17 ard or requirement set forth by the corporation.’’. 

18 (c) GENERAL DUTIES OF NATIONAL GOVERNING

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

20 is amended— 

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

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

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

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


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

2 and inserting a semicolon; 

3 (B) in paragraph (9), by striking the pe4 riod at the end and inserting a semicolon; and 

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

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

7 any individual who is an employee, a contractor, or 

8 an agent of the national governing body from assist9 ing a member or former member in obtaining a new 

10 job, except from the routine transmission of admin11 istrative and personnel files, if the individual knows 

12 that such member or former member engaged in 

13 sexual misconduct regarding a minor in violation of 

14 the law; 

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 paragraph (3) of section 220541(a); and 

6 ‘‘(B) the requirement described in para7 graph (2)(A) of section 220542(a).’’; and 

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

9 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec10 tion shall be construed to preempt or otherwise abrogate 

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

12 law or the common law.’’. 

13 (d) ENSURE LIMITATIONS ON COMMUNICATIONS ARE

14 INCLUDED IN LIMITATIONS ON INTERACTIONS.—Section 

15 220530(a) of title 36, United States Code, is amended— 

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

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

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

19 all that follows through the period at the end and 

20 inserting the following: ‘‘makes— 

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

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

23 any amateur athlete, including emotional, phys24 ical, and sexual abuse.’’. 


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1 SEC. 7. MODIFICATIONS TO UNITED STATES CENTER FOR 

2 SAFE SPORT. 

3 (a) LIST OF BARRED INDIVIDUALS.—Section 

4 220541(a) of title 36, United States Code, is amended— 

5 (1) in paragraph (4), by striking ‘‘; and’’ and 

6 inserting a semicolon; 

7 (2) in paragraph (5), by striking the period at 

8 the end and inserting ‘‘; and’’; and 

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

10 ‘‘(6) publish and maintain a publicly available 

11 internet website that contains a comprehensive list 

12 of individuals who are barred from the corporation 

13 or a national governing body.’’. 

14 (b) DEFINITION OF APPLICABLE ENTITY.—Section 

15 220541(d)(3) of title 36, United States Code, is amend16 ed— 

17 (1) by redesignating subparagraphs (B) 

18 through (G) as subparagraphs (C) through (H), re19 spectively; 

20 (2) in subparagraph (G), as so redesignated, by 

21 striking ‘‘or (E)’’ and inserting ‘‘(E), or (F)’’; and 

22 (3) by inserting after subparagraph (A) the fol23 lowing: 

24 ‘‘(B) the corporation;’’. 


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1 (c) TRAINING MATERIALS.—Section 220541 of title 

2 36, United States Code, is amended by adding at the end 

3 the following: 

4 ‘‘(e) TRAINING MATERIALS.—The office for edu5 cation and outreach referred to in subsection (a)(3) 

6 shall— 

7 ‘‘(1) develop training materials for specific au8 diences, including coaches, trainers, doctors, young 

9 children, adolescents, adults, and mentally disabled 

10 individuals; and 

11 ‘‘(2) not less frequently than every 3 years, up12 date such training materials.’’. 

13 (d) INDEPENDENCE.—Section 220541 of title 36, 

14 United States Code, as amended by subsection (c), is fur15 ther amended by adding at the end the following: 

16 ‘‘(f) INDEPENDENCE.— 

17 ‘‘(1) PROHIBITION.—A former employee or 

18 board member of the corporation or a national gov19 erning body shall not work or volunteer at the Cen20 ter during the 2-year period beginning on the date 

21 on which the former employee or board member 

22 ceases employment with the corporation or national 

23 governing body. 

24 ‘‘(2) CONFLICTS OF INTEREST.—An executive 

25 or counsel for the Center shall be considered to have 


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1 an inappropriate conflict of interest if the executive 

2 or counsel also represents the corporation or a na3 tional governing body. 

4 ‘‘(3) INVESTIGATIONS.— 

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

6 the national governing bodies shall not interfere 

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

8 investigation. 

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

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

11 investigation, not later than 72 hours after such 

12 attempt, the Center shall submit to the Com13 mittee on Commerce, Science, and Transpor14 tation of the Senate and the Committee on En15 ergy and Commerce of the House of Represent16 atives a report describing the attempt.’’. 

17 (e) FUNDING.—Section 220541 of title 36, United 

18 States Code, as amended by subsections (c) and (d), is 

19 further amended by adding at the end the following: 

20 ‘‘(g) FUNDING.— 

21 ‘‘(1) MANDATORY PAYMENTS.— 

22 ‘‘(A) FISCAL YEAR 2019.—Not later than 

23 30 days after the date of the enactment of this 

24 subsection, the corporation shall make a man25 datory payment of $20,000,000 to the Center 


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1 for operating costs of the Center for fiscal year 

2 2019. 

3 ‘‘(B) SUBSEQUENT FISCAL YEARS.—Begin4 ning on January 1, 2020, the corporation shall 

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

6 the Center on January 1 each year for oper7 ating costs of the Center. 

8 ‘‘(2) FUNDS FROM NATIONAL GOVERNING BOD9 IES.—The corporation may use funds received from 

10 one or more national governing bodies to make a 

11 mandatory payment required by paragraph (1). 

12 ‘‘(3) FAILURE TO COMPLY.— 

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

14 lawsuit to compel payment under paragraph 

15 (1). 

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

17 incomplete payment of a mandatory payment 

18 under paragraph (1) after January 1 of the ap19 plicable year, the Center shall be allowed to re20 cover from the corporation an additional 

21 $20,000.’’. 

22 (f) ADDITIONAL DUTIES.—Section 220542 of title 

23 36, United States Code, is amended— 

24 (1) in the section heading, by striking the pe25 riod at the end; and 


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1 (2) in subsection (a)— 

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

3 and inserting a semicolon; and 

4 (B) in paragraph (2)— 

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

6 clauses (i) and (ii) and inserting the fol7 lowing: 

8 ‘‘(i) law enforcement consistent with 

9 section 226 of the Victims of Child Abuse 

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

11 ‘‘(ii) the Center, whenever such mem12 bers or adults learn of facts leading them 

13 to suspect reasonably that an amateur ath14 lete who is a minor has suffered an inci15 dent of child abuse;’’; 

16 (ii) by redesignating subparagraphs 

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

18 through (I), respectively; 

19 (iii) by inserting after subparagraph 

20 (A) the following: 

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

22 immediately report to law enforcement con23 sistent with section 226 of the Victims of Child 

24 Abuse Act of 1990 (34 U.S.C. 20341) any alle25 gation of child abuse of an amateur athlete who 


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1 is a minor, including any report of such abuse 

2 submitted to the Center by a minor or by any 

3 person who is not otherwise required to report 

4 such abuse; 

5 ‘‘(C) one or more policies that prohibit an 

6 individual who is a Center employee, contractor, 

7 or agent from assisting a member or former 

8 member in obtaining a new job, except the rou9 tine transmission of administrative and per10 sonnel files, if the individual knows that such 

11 member or former member engaged in sexual 

12 misconduct regarding a minor in violation of 

13 the law; 

14 ‘‘(D) a requirement that the Center, in15 cluding any officer, agent, attorney, or staff 

16 member of the Center, shall not take any ac17 tion— 

18 ‘‘(i) to notify an alleged perpetrator of 

19 abuse of an amateur athlete of any ongo20 ing investigation or accusation unless the 

21 Center has reason to believe an imminent 

22 hazard will result from failing to so notify 

23 the alleged perpetrator; and 

24 ‘‘(ii) on a date that is earlier than the 

25 date on which law enforcement— 


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1 ‘‘(I) authorizes the Center to 

2 take such action; or 

3 ‘‘(II) declines to act on the alle4 gation within 72 hours after the time 

5 at which the Center reports to law en6 forcement under subparagraph (B);’’; 

7 (iv) in subparagraph (F), as so redes8 ignated, by inserting ‘‘, including commu9 nications,’’ after ‘‘interactions’’; 

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

11 so redesignated, to read as follows: 

12 ‘‘(G) procedures to prohibit retaliation by 

13 any national governing body or paralympic 

14 sports organization against any individual who 

15 makes— 

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

17 or (E); or 

18 ‘‘(ii) any other report relating to 

19 abuse of any amateur athlete, including 

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

21 (vi) in subparagraph (H), as so redes22 ignated, by striking ‘‘; and’’ and inserting 

23 a semicolon; 

24 (vii) in subparagraph (I), as so redes25 ignated, by striking the period at the end 


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1 of clause (ii) and inserting a semicolon; 

2 and 

3 (viii) by adding at the end the fol4 lowing: 

5 ‘‘(J) a prohibition on the use in a report 

6 or a resolution of the Center under section 

7 220541(a)(4) of any evidence relating to other 

8 sexual behavior or the sexual predisposition of 

9 the alleged victim, or the admission of any such 

10 evidence in arbitration, unless the probative 

11 value of the use or admission of such evidence, 

12 as determined by the Director or the arbitrator, 

13 as applicable, substantially outweighs the dan14 ger of— 

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

16 and 

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

18 and 

19 ‘‘(K) training for investigators on appro20 priate methods and techniques for ensuring sen21 sitivity toward alleged victims during interviews 

22 and other investigative activities.’’. 

23 (g) REPORT.—Section 220543(b) of title 36, United 

24 States Code, is amended— 


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

2 inserting a semicolon; 

3 (2) by redesignating paragraph (2) as para4 graph (8); and 

5 (3) by inserting after paragraph (1) the fol6 lowing: 

7 ‘‘(2) a strategic plan with respect to the man8 ner in which the Center shall fulfill its duties under 

9 sections 220541 and 220542; 

10 ‘‘(3) a detailed description of the efforts made 

11 by the Center to comply with such strategic plan 

12 during the preceding year; 

13 ‘‘(4) any financial statement necessary to 

14 present fairly the assets, liabilities, and surplus or 

15 deficit of the Center for the preceding year; 

16 ‘‘(5) an analysis of the changes in the amounts 

17 of such assets, liabilities, and surplus or deficit dur18 ing the preceding year; 

19 ‘‘(6) any information relating to any report re20 ceived or investigation conducted by the Center dur21 ing the preceding year, including the number, type, 

22 and results of such report or investigation; 

23 ‘‘(7) any information relating to the education 

24 and training conducted by the office of education 


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1 and outreach of the Center during the preceding 

2 year; and’’. 

3 SEC. 8. EXEMPTION FROM AUTOMATIC STAY IN BANK4 RUPTCY CASES. 

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

6 amended— 

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

8 end; 

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

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

11 (3) by inserting after paragraph (28) the fol12 lowing: 

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

14 any action by— 

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

16 defined in section 220501(b) of title 36, to re17 place a national governing body, as defined in 

18 that section, under section 220528 of that title; 

19 or 

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

21 220501(b) of title 36, to revoke the recognition 

22 of a national governing body, as defined in that 

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

Æ 


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