```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2330 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 503
116th CONGRESS
  2d Session
                                S. 2330

                          [Report No. 116-245]

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, Mr. Blumenthal, Ms. Ernst, Mrs. Shaheen, Ms. 
 Cortez Masto, Mrs. Capito, Ms. Harris, Mr. Kennedy, Ms. McSally, Ms. 
Sinema, Ms. Collins, Ms. Rosen, Ms. Murkowski, Mr. Gardner, Mr. Peters, 
and Ms. Warren) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                             July 29, 2020

               Reported by Mr. Wicker, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Empowering Olympic and 
Amateur Athletes Act of 2019''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress makes the following findings:</DELETED>
        <DELETED>    (1) The courageous voice of survivors is a call to 
        action to end emotional, physical, and sexual abuse in the 
        Olympic and Paralympic movement.</DELETED>
        <DELETED>    (2) Larry Nassar, the former national team doctor 
        for USA Gymnastics, sexually abused over 300 athletes for over 
        two decades because of ineffective oversight by USA Gymnastics 
        and the United States Olympic Committee.</DELETED>
        <DELETED>    (3) While the case of Larry Nassar is 
        unprecedented in scale, the case is hardly the only recent 
        incident of sexual abuse in amateur sports.</DELETED>
        <DELETED>    (4) Survivors of Larry Nassar's abuse and all 
        survivors of abuse in the Olympic and Paralympic movement 
        deserve justice and redress for the wrongs the survivors have 
        suffered.</DELETED>
        <DELETED>    (5) After a comprehensive congressional 
        investigation, including interviews and statements from 
        survivors, former and current organization officials, law 
        enforcement, and advocates, Congress found that the United 
        States Olympic Committee and USA Gymnastics fundamentally 
        failed to uphold their existing statutory purposes and duties 
        to protect amateur athletes from sexual, emotional, or physical 
        abuse.</DELETED>
        <DELETED>    (6) USA Gymnastics and the United States Olympic 
        Committee knowingly concealed abuse by Larry Nassar, leading to 
        the abuse of dozens of additional amateur athletes during the 
        period beginning in the summer of 2015 and ending in September 
        2016.</DELETED>
        <DELETED>    (7) Ending abuse in the Olympic and Paralympic 
        movement requires enhanced oversight to ensure that the Olympic 
        and Paralympic movement does more to serve athletes and protect 
        their voice and safety.</DELETED>

<DELETED>SEC. 3. UNITED STATES OLYMPIC AND PARALYMPIC 
              COMMITTEE.</DELETED>

<DELETED>    (a) In General.--Chapter 2205 of title 36, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) in section 220501(b)(6), by striking ``United 
        States Olympic Committee'' and inserting ``United States 
        Olympic and Paralympic Committee'';</DELETED>
        <DELETED>    (2) in section 220502, by amending subsection (c) 
        to read as follows:</DELETED>
<DELETED>    ``(c) References to United States Olympic Association and 
United States Olympic Committee.--Any reference to the United States 
Olympic Association or the United States Olympic Committee is deemed to 
refer to the United States Olympic and Paralympic 
Committee.'';</DELETED>
        <DELETED>    (3) in section 2205506(a), by striking ``United 
        States Olympic Committee'' and inserting ``United States 
        Olympic and Paralympic Committee''; and</DELETED>
        <DELETED>    (4) in section 220531, by striking ``United States 
        Olympic Committee'' each place it appears and inserting 
        ``United States Olympic and Paralympic Committee''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The table of chapters for part 
B of subtitle II of title 36, United States Code, is amended by 
striking the item relating to chapter 2205 and inserting the 
following:</DELETED>

<DELETED>``2205. United States Olympic and Paralympic         220501''.
                            Committee.

<DELETED>SEC. 4. CONGRESSIONAL OVERSIGHT OF UNITED STATES OLYMPIC AND 
              PARALYMPIC COMMITTEE AND NATIONAL GOVERNING 
              BODIES.</DELETED>

<DELETED>    (a) In General.--Chapter 2205 of title 36, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) by redesignating the second subchapter 
        designated as subchapter III (relating to the United States 
        Center for Safe Sport), as added by section 202 of the 
        Protecting Young Victims from Sexual Abuse and Safe Sport 
        Authorization Act of 2017 (Public Law 115-126; 132 Stat. 320) 
        as subchapter IV; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>

     <DELETED>``SUBCHAPTER V--DISSOLUTION OF BOARD OF DIRECTORS OF 
   CORPORATION AND TERMINATION OF RECOGNITION OF NATIONAL GOVERNING 
                            BODIES</DELETED>

<DELETED>``Sec. 220551. Definitions</DELETED>
<DELETED>    ``In this subchapter, the term `joint resolution' means a 
joint resolution--</DELETED>
        <DELETED>    ``(1) which does not have a preamble; 
        and</DELETED>
        <DELETED>    ``(2) for which--</DELETED>
                <DELETED>    ``(A)(i) the title is only as follows: `A 
                joint resolution to dissolve the board of directors of 
                the United States Olympic and Paralympic Committee'; 
                and</DELETED>
                <DELETED>    ``(ii) the matter after the resolving 
                clause--</DELETED>
                        <DELETED>    ``(I) is as follows: `That 
                        Congress finds that dissolving the board of 
                        directors of the United States Olympic and 
                        Paralympic Committee would not unduly interfere 
                        with the operations of chapter 2205 of title 
                        36, United States Code'; and</DELETED>
                        <DELETED>    ``(II) prescribes adequate 
                        procedures for forming a board of directors of 
                        the corporation with all reasonable expediency 
                        and in a manner that safeguards the voting 
                        power of the representatives of amateur 
                        athletes at all times; or</DELETED>
                <DELETED>    ``(B)(i) the title is only as follows: `A 
                joint resolution relating to terminating the 
                recognition of a national governing body'; 
                and</DELETED>
                <DELETED>    ``(ii) the matter after the resolving 
                clause is only as follows: `That Congress determines 
                that _________, which is recognized as a national 
                governing body under section 220521 of title 36, United 
                States Code, has failed to fulfill its duties, as 
                described in section 220524 of title 36, United States 
                Code', the blank space being filled in with the name of 
                the applicable national governing body.</DELETED>
<DELETED>``Sec. 220552. Dissolution of board of directors of 
              corporation and termination of recognition of national 
              governing bodies</DELETED>
<DELETED>    ``(a) Dissolution of Board of Directors of Corporation.--
Effective on the date of enactment of a joint resolution described in 
section 220551(2)(A) with respect to the board of directors of the 
corporation, such board of directors shall be dissolved.</DELETED>
<DELETED>    ``(b) Termination of Recognition of National Governing 
Body.--Effective on the date of enactment of a joint resolution 
described in section 220551(2)(B) with respect to a national governing 
body, the recognition of the applicable amateur sports organization as 
a national governing body shall cease to have force or 
effect.</DELETED>
<DELETED>``Sec. 220553. Joint resolution</DELETED>
<DELETED>    ``(a) Referral and Reporting.--</DELETED>
        <DELETED>    ``(1) House of representatives.--</DELETED>
                <DELETED>    ``(A) In general.--In the House of 
                Representatives, a joint resolution shall be referred 
                to the Committee on Energy and Commerce.</DELETED>
                <DELETED>    ``(B) Discharge.--The Committee on Energy 
                and Commerce shall be discharged from further 
                consideration of a joint resolution and the joint 
                resolution shall be referred to the appropriate 
                calendar on the date on which not less than three-
                fifths of the Members of the House of Representatives, 
                duly chosen and sworn, are listed as cosponsors of the 
                joint resolution.</DELETED>
                <DELETED>    ``(C) Limitation on consideration.--Except 
                as provided in subsection (e)(1), it shall not be in 
                order for the House of Representatives to consider a 
                joint resolution unless--</DELETED>
                        <DELETED>    ``(i) the joint resolution is 
                        reported by the Committee on Energy and 
                        Commerce; or</DELETED>
                        <DELETED>    ``(ii) the Committee on Energy and 
                        Commerce is discharged from further 
                        consideration of the joint resolution under 
                        subparagraph (B).</DELETED>
        <DELETED>    ``(2) Senate.--</DELETED>
                <DELETED>    ``(A) In general.--In the Senate, a joint 
                resolution shall be referred to the Committee on 
                Commerce, Science, and Transportation.</DELETED>
                <DELETED>    ``(B) Discharge.--The Committee on 
                Commerce, Science, and Transportation shall be 
                discharged from further consideration of the joint 
                resolution and the joint resolution shall be referred 
                to the appropriate calendar on the date on which not 
                less than three-fifths of the Members of the Senate, 
                duly chosen and sworn, are listed as cosponsors of the 
                joint resolution.</DELETED>
                <DELETED>    ``(C) Limitation on consideration.--Except 
                as provided in subsection (e)(1), it shall not be in 
                order for the Senate to consider a joint resolution 
                unless--</DELETED>
                        <DELETED>    ``(i) the joint resolution is 
                        reported by the Committee on Commerce, Science, 
                        and Transportation; or</DELETED>
                        <DELETED>    ``(ii) the Committee on Commerce, 
                        Science, and Transportation is discharged from 
                        further consideration of the joint resolution 
                        under subparagraph (B).</DELETED>
<DELETED>    ``(b) Expedited Consideration in House of 
Representatives.--</DELETED>
        <DELETED>    ``(1) Proceeding to consideration.--After the 
        Committee on Energy and Commerce reports a joint resolution to 
        the House of Representatives or has been discharged from its 
        consideration in accordance with subsection (a)(1)(B), it shall 
        be in order to move to proceed to consider the joint resolution 
        in the House of Representatives. All points of order against 
        the motion are waived. Such a motion shall not be in order 
        after the House of Representatives has disposed of a motion to 
        proceed on a joint resolution. The previous question shall be 
        considered as ordered on the motion to its adoption without 
        intervening motion. The motion is highly privileged in the 
        House of Representatives and is not debatable. A motion to 
        reconsider the vote by which the motion is disposed of shall 
        not be in order.</DELETED>
        <DELETED>    ``(2) Consideration.--A joint resolution shall be 
        considered as read. All points of order against the joint 
        resolution and against its consideration are waived. The 
        previous question shall be considered as ordered on the joint 
        resolution to its final passage without intervening motion 
        except 2 hours of debate equally divided and controlled by the 
        proponent and an opponent. A motion to reconsider the vote on 
        passage of the joint resolution shall not be in 
        order.</DELETED>
<DELETED>    ``(c) Expedited Procedure in Senate.--</DELETED>
        <DELETED>    ``(1) Motion to proceed.--Notwithstanding rule 
        XXII of the Standing Rules of the Senate, after the Committee 
        on Commerce, Science, and Transportation reports a joint 
        resolution to the Senate or has been discharged from its 
        consideration in accordance with subsection (a)(2)(B), it shall 
        be in order for any Member of the Senate to move to proceed to 
        the consideration of the joint resolution. A motion to proceed 
        is in order even though a previous motion to the same effect 
        has been disagreed to. The motion to proceed is not debatable. 
        The motion is not subject to a motion to postpone. A motion to 
        reconsider the vote by which the motion is agreed to or 
        disagreed to shall not be in order. If a motion to proceed to 
        the consideration of the joint resolution is agreed to, the 
        joint resolution shall remain the unfinished business until 
        disposed of.</DELETED>
        <DELETED>    ``(2) Consideration.--Consideration of a joint 
        resolution, and on all debatable motions and appeals in 
        connection therewith, shall be limited to not more than 10 
        hours, which shall be divided equally between the Majority and 
        Minority Leaders or their designees. A motion further to limit 
        debate is in order and not debatable. A motion to postpone, a 
        motion to proceed to the consideration of other business, or a 
        motion to recommit the joint resolution is not in order. Any 
        debatable motion is debatable for not to exceed 1 hour, to be 
        divided equally between those favoring and those opposing the 
        motion. All time used for consideration of the joint 
        resolution, including time used for quorum calls and voting, 
        shall be counted against the total 10 hours of 
        consideration.</DELETED>
        <DELETED>    ``(3) Vote on passage.--If the Senate has voted to 
        proceed to a joint resolution, the vote on passage of the joint 
        resolution shall occur immediately following the conclusion of 
        consideration of the joint resolution, and a single quorum call 
        at the conclusion of the consideration if requested in 
        accordance with the rules of the Senate.</DELETED>
        <DELETED>    ``(4) Rulings of the chair on procedure.--Appeals 
        from the decisions of the Chair relating to the application of 
        the rules of the Senate to the procedure relating to a joint 
        resolution shall be decided without debate.</DELETED>
<DELETED>    ``(d) Amendments Not in Order.--A joint resolution shall 
not be subject to amendment in either the House of Representatives or 
the Senate.</DELETED>
<DELETED>    ``(e) Rules to Coordinate Action With Other House.--
</DELETED>
        <DELETED>    ``(1) Treatment of joint resolution of other 
        house.--</DELETED>
                <DELETED>    ``(A) In general.--If the Senate or House 
                of Representatives fails to introduce or consider a 
                joint resolution under this section, the joint 
                resolution of the other House--</DELETED>
                        <DELETED>    ``(i) shall be entitled to 
                        expedited floor procedures described under this 
                        section; and</DELETED>
                        <DELETED>    ``(ii) may be referred in the 
                        receiving chamber or may be held at the 
                        desk.</DELETED>
                <DELETED>    ``(B) Potential referral.--If a joint 
                resolution referred to a committee under subparagraph 
                (A)(ii) is cosponsored by not less than three-fifths of 
                the Members of the originating House, duly chosen and 
                sworn, the committee shall report the joint resolution 
                not later than 20 days after the date on which the 
                joint resolution is referred to the 
                committee.</DELETED>
        <DELETED>    ``(2) Vetoes.--If the President vetoes a joint 
        resolution, debate on a veto message in the Senate under this 
        section shall be 1 hour equally divided between the Majority 
        and Minority leaders or their designees.</DELETED>
<DELETED>    ``(f) Rulemaking Function.--This section is enacted by 
Congress--</DELETED>
        <DELETED>    ``(1) as an exercise of the rulemaking power of 
        the Senate and House of Representatives, respectively, and as 
        such it is deemed a part of the rules of each House, 
        respectively, but applicable only with respect to the procedure 
        to be followed in that House in the case of a joint resolution, 
        and it supersedes other rules only to the extent that it is 
        inconsistent with such rules; and</DELETED>
        <DELETED>    ``(2) with full recognition of the constitutional 
        right of either House to change the rules (so far as relating 
        to the procedure of that House) at any time, in the same 
        manner, and to the same extent as in the case of any other rule 
        of that House.''.</DELETED>
<DELETED>    (b) Technical and Conforming Amendments.--The table of 
sections for chapter 2205 of title 36, United States Code, is amended--
</DELETED>
        <DELETED>    (1) by striking the second item relating to 
        subchapter III (relating to the United States Center for Safe 
        Sport), as added by section 202 of the Protecting Young Victims 
        from Sexual Abuse and Safe Sport Authorization Act of 2017 
        (Public Law 115-126; 132 Stat. 320) and inserting the 
        following:</DELETED>

 <DELETED> ``subchapter iv--united states center for safe sport''; and

        <DELETED>    (2) by adding at the end the following:</DELETED>

    <DELETED> ``subchapter v--dissolution of board of directors of 
corporation and termination of recognition of national governing bodies

<DELETED>``220551. Definitions.
<DELETED>``220552. Dissolution of board of directors of corporation and 
                            termination of recognition of national 
                            governing bodies.
<DELETED>``220553. Joint resolution.''.
<DELETED>    (c) Effective Date.--The amendments made by this section 
shall take effect on the date that is one year after the date of the 
enactment of this Act.</DELETED>

<DELETED>SEC. 5. MODIFICATIONS TO UNITED STATES OLYMPIC AND PARALYMPIC 
              COMMITTEE.</DELETED>

<DELETED>    (a) Purposes of the Corporation.--Section 220503 of title 
36, United States Code, is amended--</DELETED>
        <DELETED>    (1) in paragraph (14), by striking ``; and'' and 
        inserting a semicolon;</DELETED>
        <DELETED>    (2) in paragraph (15), by striking the period at 
        the end and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(16) to exercise effective oversight of the 
        national governing bodies with respect to the establishment of 
        a safe environment in sports that is free from abuse, including 
        emotional, physical, and sexual abuse, of any amateur 
        athlete.''.</DELETED>
<DELETED>    (b) Representation of Amateur Athletes.--Section 220504 of 
title 36, United States Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (b)(2)--</DELETED>
                <DELETED>    (A) in the matter preceding subparagraph 
                (A), by striking ``within the preceding 10 
                years'';</DELETED>
                <DELETED>    (B) in subparagraph (A), by striking ``; 
                and'' and inserting a semicolon;</DELETED>
                <DELETED>    (C) in subparagraph (B)--</DELETED>
                        <DELETED>    (i) by striking ``20 percent'' and 
                        inserting ``\1/3\''; and</DELETED>
                        <DELETED>    (ii) by inserting ``, including 
                        any panel empowered to resolve grievances'' 
                        before the semicolon;</DELETED>
                <DELETED>    (D) by redesignating subparagraph (B) as 
                subparagraph (D); and</DELETED>
                <DELETED>    (E) by inserting after subparagraph (A) 
                the following:</DELETED>
                <DELETED>    ``(B) ensure that the chair of the 
                Athletes' Advisory Council holds voting power on the 
                board of directors of the corporation and in the 
                committees and entities of the corporation;</DELETED>
                <DELETED>    ``(C) require that \1/3\ of the membership 
                of the board of directors of the corporation shall be 
                composed of, and elected by, such amateur athletes; 
                and''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(c) Conflict of Interest.--An amateur athlete who 
represents amateur athletes under subsection (b)(2) shall not be 
employed by the Center during the 2-year period beginning on the date 
on which the amateur athlete ceases such representation.''.</DELETED>
<DELETED>    (c) Duty of Care.--</DELETED>
        <DELETED>    (1) In general.--Section 220505 of title 36, 
        United States Code, is amended--</DELETED>
                <DELETED>    (A) in the section heading, by striking 
                ``Powers'' and inserting ``Powers and duty of care''; 
                and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
<DELETED>    ``(d) Duty of Care.--</DELETED>
        <DELETED>    ``(1) In general.--The corporation owes to amateur 
        athletes a duty of care--</DELETED>
                <DELETED>    ``(A) to ensure that each national 
                governing body and paralympic sports organization 
                complies with the oversight practices, policies, and 
                procedures developed under paragraph (3) of section 
                220541(a);</DELETED>
                <DELETED>    ``(B) to immediately report to law 
                enforcement any allegation of child abuse of an amateur 
                athlete who is a minor;</DELETED>
                <DELETED>    ``(C) to ensure that each national 
                governing body and paralympic sports organization has 
                in place policies and procedures to report immediately 
                any allegation of child abuse of an amateur athlete, 
                consistent with--</DELETED>
                        <DELETED>    ``(i) the polices and procedures 
                        developed under paragraph (3) of section 
                        220541(a); and</DELETED>
                        <DELETED>    ``(ii) the requirement described 
                        in paragraph (2)(A) of section 220542(a); 
                        and</DELETED>
                <DELETED>    ``(D) to ensure that each national 
                governing body and paralympic sports organizations 
                enforces temporary measures and sanctions issued 
                pursuant to the authority of the Center.</DELETED>
        <DELETED>    ``(2) Rule of construction.--Nothing in this 
        subsection shall be construed to preempt or otherwise abrogate 
        the duty of care of the corporation under State law or the 
        common law.''.</DELETED>
        <DELETED>    (2) Conforming amendment.--The table of sections 
        for chapter 2205 of title 36, United States Code, is amended by 
        striking the item relating to section 220505 and inserting the 
        following:</DELETED>

<DELETED>``220505. Powers and duty of care.''.
<DELETED>    (d) Policy With Respect to Assisting Member or Former 
Member To Obtain New Jobs.--Section 220507 of title 36, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>    ``(c) Policy With Respect to Assisting Members or Former 
Members in Obtaining New Jobs.--The corporation shall develop one or 
more policies that prohibit any individual who is an employee, a 
contractor, or an agent of the corporation from assisting a member or 
former member in obtaining a new job, except the routine transmission 
of administrative and personnel files, if the individual knows that 
such member or former member engaged in sexual misconduct regarding a 
minor in violation of the law.''.</DELETED>
<DELETED>    (e) Office of Ombudsman.--Section 220509(b) of title 36, 
United States Code, is amended--</DELETED>
        <DELETED>    (1) in the subsection heading, by striking 
        ``Ombudsman'' and inserting ``Office of the 
        Ombudsman'';</DELETED>
        <DELETED>    (2) in paragraph (2)--</DELETED>
                <DELETED>    (A) in subparagraph (A), by moving clauses 
                (i) through (iii) two ems to the right;</DELETED>
                <DELETED>    (B) by striking ``(2) (A) The procedure'' 
                and inserting the following:</DELETED>
        <DELETED>    ``(2) Hiring procedures; vacancy; termination.--
        </DELETED>
                <DELETED>    ``(A) Hiring procedures.--The 
                procedure'';</DELETED>
                <DELETED>    (C) in subparagraph (B)--</DELETED>
                        <DELETED>    (i) by moving clauses (i) through 
                        (iii) to ems to the right; and</DELETED>
                        <DELETED>    (ii) by striking ``(B) The 
                        corporation'' and inserting the 
                        following:</DELETED>
                <DELETED>    ``(C) Termination.--The corporation''; 
                and</DELETED>
                <DELETED>    (D) in the undesignated matter following 
                clause (iii) of subparagraph (A), by striking ``If 
                there is'' and inserting the following:</DELETED>
                <DELETED>    ``(B) Vacancy.--If there is'';</DELETED>
        <DELETED>    (3) by redesignating paragraph (2) as paragraph 
        (3);</DELETED>
        <DELETED>    (4) in paragraph (1), in the matter preceding 
        subparagraph (A), by striking ``(1) The corporation'' and all 
        that follows through ``who shall--'' and inserting the 
        following:</DELETED>
        <DELETED>    ``(1) In general.--The corporation shall hire and 
        provide salary, benefits, and administrative expenses for an 
        ombudsman and support staff for athletes.</DELETED>
        <DELETED>    ``(2) Duties.--The ombudsman shall--'';</DELETED>
        <DELETED>    (5) in paragraph (2), as so designated by 
        paragraph (4)--</DELETED>
                <DELETED>    (A) in subparagraph (B), by striking ``; 
                and'' and inserting a semicolon;</DELETED>
                <DELETED>    (B) by redesignating subparagraph (C) as 
                subparagraph (D); and</DELETED>
                <DELETED>    (C) by inserting after subparagraph (B) 
                the following:</DELETED>
                <DELETED>    ``(C) provide independent advice to 
                reporting parties with respect to--</DELETED>
                        <DELETED>    ``(i) the role, responsibility, 
                        and authority of the Center;</DELETED>
                        <DELETED>    ``(ii) the relative merits of 
                        engaging legal counsel; and</DELETED>
                        <DELETED>    ``(iii) the factual allegations 
                        that may support the ability of the Center to 
                        pursue a claim of abuse; and''; and</DELETED>
        <DELETED>    (6) by inserting after paragraph (3), as 
        redesignated by paragraph (3), the following:</DELETED>
        <DELETED>    ``(4) Confidentiality.--</DELETED>
                <DELETED>    ``(A) In general.--Except as provided in 
                subparagraph (B), the ombudsman shall maintain 
                confidential any information communicated or provided 
                to the ombudsman in any matter involving the exercise 
                of the official duties of the ombudsman.</DELETED>
                <DELETED>    ``(B) Exception.--The ombudsman may 
                disclose information described in subparagraph (A) as 
                necessary to resolve or mediate a dispute.</DELETED>
                <DELETED>    ``(C) Judicial and administrative 
                proceedings.--</DELETED>
                        <DELETED>    ``(i) In general.--The ombudsman 
                        shall not be compelled to testify or produce 
                        evidence in any judicial or administrative 
                        proceeding with respect to any matter involving 
                        the exercise of the duties of the 
                        ombudsman.</DELETED>
                        <DELETED>    ``(ii) Work product.--Any 
                        memorandum, work product, notes, or case file 
                        of the office of the ombudsman--</DELETED>
                                <DELETED>    ``(I) shall be 
                                confidential; and</DELETED>
                                <DELETED>    ``(II) shall not be--
                                </DELETED>
                                        <DELETED>    ``(aa) subject to 
                                        discovery, subpoena, or any 
                                        other means of legal 
                                        compulsion; or</DELETED>
                                        <DELETED>    ``(bb) admissible 
                                        as evidence in a judicial or 
                                        administrative 
                                        proceeding.</DELETED>
                <DELETED>    ``(D) Applicability.--The confidentiality 
                requirements under this paragraph shall not apply to 
                information relating to--</DELETED>
                        <DELETED>    ``(i) applicable federally 
                        mandated reporting requirements;</DELETED>
                        <DELETED>    ``(ii) a felony personally 
                        witnessed by a member of the office of the 
                        ombudsman;</DELETED>
                        <DELETED>    ``(iii) a situation, communicated 
                        to the office of the ombudsman, in which an 
                        individual is at imminent risk of serious harm; 
                        or</DELETED>
                        <DELETED>    ``(iv) a congressional 
                        subpoena.</DELETED>
        <DELETED>    ``(5) Prohibition on retaliation.--An employee or 
        a member of the corporation who has authority to take, direct 
        others to take, recommend, or approve any personnel action, 
        shall not, with respect to such authority, take or threaten to 
        take any action against any employee or member as a reprisal 
        for disclosing information to the ombudsman or seeking 
        assistance in mediation.</DELETED>
        <DELETED>    ``(6) Independence in carrying out duties.--The 
        board of directors of the corporation or any other member or 
        employee of the corporation shall not prevent or prohibit the 
        ombudsman from carrying out any duty or responsibility under 
        this section.''.</DELETED>
<DELETED>    (f) Reports and Audits.--</DELETED>
        <DELETED>    (1) In general.--Section 220511 of title 36, 
        United States Code, is amended--</DELETED>
                <DELETED>    (A) in the section heading, by striking 
                ``Report'' and inserting ``Reports and 
                audits'';</DELETED>
                <DELETED>    (B) in subsection (a)--</DELETED>
                        <DELETED>    (i) in the matter preceding 
                        paragraph (1)--</DELETED>
                                <DELETED>    (I) by striking ``every 
                                fourth year'' and inserting 
                                ``annually''; and</DELETED>
                                <DELETED>    (II) by striking ``4 
                                years'' and inserting ``calendar 
                                year'';</DELETED>
                        <DELETED>    (ii) by striking paragraph 
                        (1);</DELETED>
                        <DELETED>    (iii) by redesignating paragraphs 
                        (2), (3), and (4) as paragraphs (1), (2), and 
                        (3), respectively;</DELETED>
                        <DELETED>    (iv) in paragraph (1), as so 
                        redesignated, by striking ``such 4-year 
                        period'' and inserting ``such calendar 
                        year'';</DELETED>
                        <DELETED>    (v) in paragraph (2), as so 
                        redesignated, by striking ``; and'' and 
                        inserting a semicolon;</DELETED>
                        <DELETED>    (vi) in paragraph (3), as so 
                        redesignated, by striking the period at the end 
                        and inserting a semicolon; and</DELETED>
                        <DELETED>    (vii) by adding at the end the 
                        following:</DELETED>
        <DELETED>    ``(4) a description of any lawsuit or grievance 
        filed against the corporation, including any dispute initiated 
        under this chapter; and</DELETED>
        <DELETED>    ``(5) the agenda and minutes of any meeting of the 
        board of directors of the corporation.''; and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
<DELETED>    ``(c) Audit.--</DELETED>
        <DELETED>    ``(1) In general.--Not less frequently than 
        annually, the financial statements of the corporation for the 
        preceding fiscal year shall be audited in accordance with 
        generally accepted auditing standards by--</DELETED>
                <DELETED>    ``(A) an independent certified public 
                accountant; or</DELETED>
                <DELETED>    ``(B) an independent licensed public 
                accountant who is certified or licensed by the 
                regulatory authority of a State or a political 
                subdivision of a State.</DELETED>
        <DELETED>    ``(2) Location.--An audit under paragraph (1) 
        shall be conducted at the location at which the financial 
        statements of the corporation normally are kept.</DELETED>
        <DELETED>    ``(3) Access.--An individual conducting an audit 
        under paragraph (1) shall be given access to--</DELETED>
                <DELETED>    ``(A) all records and property owned or 
                used by the corporation, as necessary to facilitate the 
                audit; and</DELETED>
                <DELETED>    ``(B) full access to any facility under 
                audit for the purpose of verifying transactions, 
                including any balance or security held by a depository, 
                fiscal agent, or custodian.</DELETED>
        <DELETED>    ``(4) Report.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 180 days 
                after the end of the fiscal year for which an audit is 
                carried out, the auditor shall submit a report on the 
                audit to the Committee on Commerce, Science, and 
                Transportation of the Senate, the Committee on Energy 
                and Commerce of the House of Representatives, and the 
                chair of the Athletes' Advisory Council.</DELETED>
                <DELETED>    ``(B) Matters to be included.--Each report 
                under subparagraph (A) shall include the following for 
                the applicable fiscal year:</DELETED>
                        <DELETED>    ``(i) Any statement necessary to 
                        present fairly the assets, liabilities, and 
                        surplus or deficit of the 
                        corporation.</DELETED>
                        <DELETED>    ``(ii) An analysis of the changes 
                        in the amounts of such assets, liabilities, and 
                        surplus or deficit.</DELETED>
                        <DELETED>    ``(iii) A detailed statement of 
                        the income and expenses of the corporation, 
                        including the results of any trading, 
                        manufacturing, publishing, or other commercial 
                        endeavor.</DELETED>
                        <DELETED>    ``(iv) A detailed statement of the 
                        amounts spent on stipends and services for 
                        athletes.</DELETED>
                        <DELETED>    ``(v) A detailed statement of the 
                        amounts allocated to the national governing 
                        bodies.</DELETED>
                        <DELETED>    ``(vi) Such comments and 
                        information as the auditor considers necessary 
                        to inform Congress of the financial operations 
                        and condition of the corporation.</DELETED>
                        <DELETED>    ``(vii) Recommendations relating 
                        to the financial operations and condition of 
                        the corporation.</DELETED>
                <DELETED>    ``(C) Form.--A report under this paragraph 
                may not be printed as a public document, except as part 
                of proceedings authorized to be printed under section 
                1332 of title 44.''.</DELETED>
        <DELETED>    (2) Conforming amendment.--The table of sections 
        for chapter 2205 of title 36, United States Code, is amended by 
        striking the item relating to section 220511 and inserting the 
        following:</DELETED>

<DELETED>``220511. Reports and audits.''.

<DELETED>SEC. 6. MODIFICATIONS TO NATIONAL GOVERNING BODIES.</DELETED>

<DELETED>    (a) Corporation Responsible for Obligations of National 
Governing Bodies.--Section 220521(d) of title 36, United States Code, 
is amended by striking ``The corporation may review'' and inserting 
``Not later than 8 years after the date of the enactment of the 
Empowering Olympic and Amateur Athletes Act of 2019, and not less 
frequently than once every 4 years thereafter, the corporation shall 
review''.</DELETED>
<DELETED>    (b) Eligibility Requirements With Respect to Governing 
Boards.--Section 220522(a) of title 36, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (10) through (15) 
        as paragraphs (11) through (16), respectively;</DELETED>
        <DELETED>    (2) by inserting after paragraph (9) the 
        following:</DELETED>
        <DELETED>    ``(10) ensures that the selection criteria for 
        individuals and teams that represent the United States are as 
        objective as possible;'';</DELETED>
        <DELETED>    (3) by striking paragraph (13), as so 
        redesignated, and inserting the following:</DELETED>
        <DELETED>    ``(13) demonstrates, based on guidelines approved 
        by the corporation, the Athletes' Advisory Council, and the 
        National Governing Bodies' Council, that--</DELETED>
                <DELETED>    ``(A) its board of directors and other 
                such governing boards have established criteria and 
                election procedures for, and maintain among their 
                voting members, individuals who--</DELETED>
                        <DELETED>    ``(i) are elected by amateur 
                        athletes; and</DELETED>
                        <DELETED>    ``(ii) are actively engaged in 
                        amateur athletic competition in the sport for 
                        which recognition is sought;</DELETED>
                <DELETED>    ``(B) any exception to such guidelines by 
                such organization has been approved by--</DELETED>
                        <DELETED>    ``(i) the corporation; 
                        and</DELETED>
                        <DELETED>    ``(ii) the Athletes' Advisory 
                        Council; and</DELETED>
                <DELETED>    ``(C) the voting power held by such 
                individuals is not less than \1/3\ of the voting power 
                held in its board of directors and other such governing 
                boards;'';</DELETED>
        <DELETED>    (4) in paragraph (15), as so redesignated, by 
        striking ``; and'' and inserting a semicolon;</DELETED>
        <DELETED>    (5) in paragraph (16), as so redesignated, by 
        striking the period at the end and inserting ``; and''; 
        and</DELETED>
        <DELETED>    (6) by adding at the end the following:</DELETED>
        <DELETED>    ``(17) commits to meeting any minimum standard or 
        requirement set forth by the corporation.''.</DELETED>
<DELETED>    (c) General Duties of National Governing Bodies.--Section 
220524 of title 36, United States Code, is amended--</DELETED>
        <DELETED>    (1) in the matter preceding paragraph (1), by 
        striking ``For the sport'' and inserting the 
        following:</DELETED>
<DELETED>    ``(a) In General.--For the sport'';</DELETED>
        <DELETED>    (2) in subsection (a), as so designated--
        </DELETED>
                <DELETED>    (A) in paragraph (8), by striking ``; 
                and'' and inserting a semicolon;</DELETED>
                <DELETED>    (B) in paragraph (9), by striking the 
                period at the end and inserting a semicolon; 
                and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(10) develop one or more policies that prohibit 
        any individual who is an employee, a contractor, or an agent of 
        the national governing body from assisting a member or former 
        member in obtaining a new job, except from the routine 
        transmission of administrative and personnel files, if the 
        individual knows that such member or former member engaged in 
        sexual misconduct regarding a minor in violation of the 
        law;</DELETED>
        <DELETED>    ``(11) promote a safe environment in sports that 
        is free from abuse of any amateur athlete, including emotional, 
        physical, and sexual abuse;</DELETED>
        <DELETED>    ``(12) take care to promote a safe environment in 
        sports using information relating to any temporary measure or 
        sanction issued pursuant to the authority of the 
        Center;</DELETED>
        <DELETED>    ``(13) immediately report to law enforcement any 
        allegation of child abuse of an amateur athlete who is a minor; 
        and</DELETED>
        <DELETED>    ``(14) have in place policies and procedures to 
        report immediately any allegation of child abuse of an amateur 
        athlete, consistent with--</DELETED>
                <DELETED>    ``(A) the policies and procedures 
                developed under paragraph (3) of section 220541(a); 
                and</DELETED>
                <DELETED>    ``(B) the requirement described in 
                paragraph (2)(A) of section 220542(a).''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
<DELETED>    ``(b) Rule of Construction.--Nothing in this section shall 
be construed to preempt or otherwise abrogate the duty of care of a 
national governing body under State law or the common law.''.</DELETED>
<DELETED>    (d) Ensure Limitations on Communications Are Included in 
Limitations on Interactions.--Section 220530(a) of title 36, United 
States Code, is amended--</DELETED>
        <DELETED>    (1) in paragraph (2), by inserting ``, including 
        communications,'' after ``interactions''; and</DELETED>
        <DELETED>    (2) in paragraph (4), by striking ``makes'' and 
        all that follows through the period at the end and inserting 
        the following: ``makes--</DELETED>
                <DELETED>    ``(A) a report under paragraph (1); 
                or</DELETED>
                <DELETED>    ``(B) any other report relating to abuse 
                of any amateur athlete, including emotional, physical, 
                and sexual abuse.''.</DELETED>

<DELETED>SEC. 7. MODIFICATIONS TO UNITED STATES CENTER FOR SAFE 
              SPORT.</DELETED>

<DELETED>    (a) List of Barred Individuals.--Section 220541(a) of 
title 36, United States Code, is amended--</DELETED>
        <DELETED>    (1) in paragraph (4), by striking ``; and'' and 
        inserting a semicolon;</DELETED>
        <DELETED>    (2) in paragraph (5), by striking the period at 
        the end and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(6) publish and maintain a publicly available 
        internet website that contains a comprehensive list of 
        individuals who are barred from the corporation or a national 
        governing body.''.</DELETED>
<DELETED>    (b) Definition of Applicable Entity.--Section 220541(d)(3) 
of title 36, United States Code, is amended--</DELETED>
        <DELETED>    (1) by redesignating subparagraphs (B) through (G) 
        as subparagraphs (C) through (H), respectively;</DELETED>
        <DELETED>    (2) in subparagraph (G), as so redesignated, by 
        striking ``or (E)'' and inserting ``(E), or (F)''; 
        and</DELETED>
        <DELETED>    (3) by inserting after subparagraph (A) the 
        following:</DELETED>
                <DELETED>    ``(B) the corporation;''.</DELETED>
<DELETED>    (c) Training Materials.--Section 220541 of title 36, 
United States Code, is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(e) Training Materials.--The office for education and 
outreach referred to in subsection (a)(3) shall--</DELETED>
        <DELETED>    ``(1) develop training materials for specific 
        audiences, including coaches, trainers, doctors, young 
        children, adolescents, adults, and mentally disabled 
        individuals; and</DELETED>
        <DELETED>    ``(2) not less frequently than every 3 years, 
        update such training materials.''.</DELETED>
<DELETED>    (d) Independence.--Section 220541 of title 36, United 
States Code, as amended by subsection (c), is further amended by adding 
at the end the following:</DELETED>
<DELETED>    ``(f) Independence.--</DELETED>
        <DELETED>    ``(1) Prohibition.--A former employee or board 
        member of the corporation or a national governing body shall 
        not work or volunteer at the Center during the 2-year period 
        beginning on the date on which the former employee or board 
        member ceases employment with the corporation or national 
        governing body.</DELETED>
        <DELETED>    ``(2) Conflicts of interest.--An executive or 
        counsel for the Center shall be considered to have an 
        inappropriate conflict of interest if the executive or counsel 
        also represents the corporation or a national governing 
        body.</DELETED>
        <DELETED>    ``(3) Investigations.--</DELETED>
                <DELETED>    ``(A) In general.--The corporation and the 
                national governing bodies shall not interfere in, or 
                attempt to influence the outcome of, an 
                investigation.</DELETED>
                <DELETED>    ``(B) Report.--In the case of an attempt 
                to interfere in, or influence the outcome of, an 
                investigation, not later than 72 hours after such 
                attempt, the Center shall submit to the Committee on 
                Commerce, Science, and Transportation of the Senate and 
                the Committee on Energy and Commerce of the House of 
                Representatives a report describing the 
                attempt.''.</DELETED>
<DELETED>    (e) Funding.--Section 220541 of title 36, United States 
Code, as amended by subsections (c) and (d), is further amended by 
adding at the end the following:</DELETED>
<DELETED>    ``(g) Funding.--</DELETED>
        <DELETED>    ``(1) Mandatory payments.--</DELETED>
                <DELETED>    ``(A) Fiscal year 2019.--Not later than 30 
                days after the date of the enactment of this 
                subsection, the corporation shall make a mandatory 
                payment of $20,000,000 to the Center for operating 
                costs of the Center for fiscal year 2019.</DELETED>
                <DELETED>    ``(B) Subsequent fiscal years.--Beginning 
                on January 1, 2020, the corporation shall make a 
                mandatory payment of $20,000,000 to the Center on 
                January 1 each year for operating costs of the 
                Center.</DELETED>
        <DELETED>    ``(2) Funds from national governing bodies.--The 
        corporation may use funds received from one or more national 
        governing bodies to make a mandatory payment required by 
        paragraph (1).</DELETED>
        <DELETED>    ``(3) Failure to comply.--</DELETED>
                <DELETED>    ``(A) In general.--The Center may file a 
                lawsuit to compel payment under paragraph 
                (1).</DELETED>
                <DELETED>    ``(B) Penalty.--For each day of late or 
                incomplete payment of a mandatory payment under 
                paragraph (1) after January 1 of the applicable year, 
                the Center shall be allowed to recover from the 
                corporation an additional $20,000.''.</DELETED>
<DELETED>    (f) Additional Duties.--Section 220542 of title 36, United 
States Code, is amended--</DELETED>
        <DELETED>    (1) in the section heading, by striking the period 
        at the end; and</DELETED>
        <DELETED>    (2) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking ``; 
                and'' and inserting a semicolon; and</DELETED>
                <DELETED>    (B) in paragraph (2)--</DELETED>
                        <DELETED>    (i) in subparagraph (A), by 
                        striking clauses (i) and (ii) and inserting the 
                        following:</DELETED>
                        <DELETED>    ``(i) law enforcement consistent 
                        with section 226 of the Victims of Child Abuse 
                        Act of 1990 (34 U.S.C. 20341); and</DELETED>
                        <DELETED>    ``(ii) the Center, whenever such 
                        members or adults learn of facts leading them 
                        to suspect reasonably that an amateur athlete 
                        who is a minor has suffered an incident of 
                        child abuse;'';</DELETED>
                        <DELETED>    (ii) by redesignating 
                        subparagraphs (B) through (F) as subparagraphs 
                        (E) through (I), respectively;</DELETED>
                        <DELETED>    (iii) by inserting after 
                        subparagraph (A) the following:</DELETED>
                <DELETED>    ``(B) a requirement that the Center shall 
                immediately report to law enforcement consistent with 
                section 226 of the Victims of Child Abuse Act of 1990 
                (34 U.S.C. 20341) any allegation of child abuse of an 
                amateur athlete who is a minor, including any report of 
                such abuse submitted to the Center by a minor or by any 
                person who is not otherwise required to report such 
                abuse;</DELETED>
                <DELETED>    ``(C) one or more policies that prohibit 
                an individual who is a Center employee, contractor, or 
                agent from assisting a member or former member in 
                obtaining a new job, except the routine transmission of 
                administrative and personnel files, if the individual 
                knows that such member or former member engaged in 
                sexual misconduct regarding a minor in violation of the 
                law;</DELETED>
                <DELETED>    ``(D) a requirement that the Center, 
                including any officer, agent, attorney, or staff member 
                of the Center, shall not take any action--</DELETED>
                        <DELETED>    ``(i) to notify an alleged 
                        perpetrator of abuse of an amateur athlete of 
                        any ongoing investigation or accusation unless 
                        the Center has reason to believe an imminent 
                        hazard will result from failing to so notify 
                        the alleged perpetrator; and</DELETED>
                        <DELETED>    ``(ii) on a date that is earlier 
                        than the date on which law enforcement--
                        </DELETED>
                                <DELETED>    ``(I) authorizes the 
                                Center to take such action; 
                                or</DELETED>
                                <DELETED>    ``(II) declines to act on 
                                the allegation within 72 hours after 
                                the time at which the Center reports to 
                                law enforcement under subparagraph 
                                (B);'';</DELETED>
                        <DELETED>    (iv) in subparagraph (F), as so 
                        redesignated, by inserting ``, including 
                        communications,'' after 
                        ``interactions'';</DELETED>
                        <DELETED>    (v) by amending subparagraph (G), 
                        as so redesignated, to read as 
                        follows:</DELETED>
                <DELETED>    ``(G) procedures to prohibit retaliation 
                by any national governing body or paralympic sports 
                organization against any individual who makes--
                </DELETED>
                        <DELETED>    ``(i) a report under subparagraph 
                        (A) or (E); or</DELETED>
                        <DELETED>    ``(ii) any other report relating 
                        to abuse of any amateur athlete, including 
                        emotional, physical, and sexual 
                        abuse;'';</DELETED>
                        <DELETED>    (vi) in subparagraph (H), as so 
                        redesignated, by striking ``; and'' and 
                        inserting a semicolon;</DELETED>
                        <DELETED>    (vii) in subparagraph (I), as so 
                        redesignated, by striking the period at the end 
                        of clause (ii) and inserting a semicolon; 
                        and</DELETED>
                        <DELETED>    (viii) by adding at the end the 
                        following:</DELETED>
                <DELETED>    ``(J) a prohibition on the use in a report 
                or a resolution of the Center under section 
                220541(a)(4) of any evidence relating to other sexual 
                behavior or the sexual predisposition of the alleged 
                victim, or the admission of any such evidence in 
                arbitration, unless the probative value of the use or 
                admission of such evidence, as determined by the 
                Director or the arbitrator, as applicable, 
                substantially outweighs the danger of--</DELETED>
                        <DELETED>    ``(i) any harm to the alleged 
                        victim; and</DELETED>
                        <DELETED>    ``(ii) unfair prejudice to any 
                        party; and</DELETED>
                <DELETED>    ``(K) training for investigators on 
                appropriate methods and techniques for ensuring 
                sensitivity toward alleged victims during interviews 
                and other investigative activities.''.</DELETED>
<DELETED>    (g) Report.--Section 220543(b) of title 36, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by striking ``; and'' and 
        inserting a semicolon;</DELETED>
        <DELETED>    (2) by redesignating paragraph (2) as paragraph 
        (8); and</DELETED>
        <DELETED>    (3) by inserting after paragraph (1) the 
        following:</DELETED>
        <DELETED>    ``(2) a strategic plan with respect to the manner 
        in which the Center shall fulfill its duties under sections 
        220541 and 220542;</DELETED>
        <DELETED>    ``(3) a detailed description of the efforts made 
        by the Center to comply with such strategic plan during the 
        preceding year;</DELETED>
        <DELETED>    ``(4) any financial statement necessary to present 
        fairly the assets, liabilities, and surplus or deficit of the 
        Center for the preceding year;</DELETED>
        <DELETED>    ``(5) an analysis of the changes in the amounts of 
        such assets, liabilities, and surplus or deficit during the 
        preceding year;</DELETED>
        <DELETED>    ``(6) any information relating to any report 
        received or investigation conducted by the Center during the 
        preceding year, including the number, type, and results of such 
        report or investigation;</DELETED>
        <DELETED>    ``(7) any information relating to the education 
        and training conducted by the office of education and outreach 
        of the Center during the preceding year; and''.</DELETED>

<DELETED>SEC. 8. EXEMPTION FROM AUTOMATIC STAY IN BANKRUPTCY 
              CASES.</DELETED>

<DELETED>    Section 362(b) of title 11, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (27), by striking ``and'' at the 
        end;</DELETED>
        <DELETED>    (2) in paragraph (28), by striking the period at 
        the end and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by inserting after paragraph (28) the 
        following:</DELETED>
        <DELETED>    ``(29) under subsection (a)(1) of this section, of 
        any action by--</DELETED>
                <DELETED>    ``(A) an amateur sports organization, as 
                defined in section 220501(b) of title 36, to replace a 
                national governing body, as defined in that section, 
                under section 220528 of that title; or</DELETED>
                <DELETED>    ``(B) the corporation, as defined in 
                section 220501(b) of title 36, to revoke the 
                recognition of a national governing body, as defined in 
                that section, under section 220521 of that 
                title.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Empowering Olympic and Amateur 
Athletes Act of 2019''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The courageous voice of survivors is a call to action 
        to end emotional, physical, and sexual abuse in the Olympic and 
        Paralympic movement.
            (2) Larry Nassar, the former national team doctor for USA 
        Gymnastics, sexually abused over 300 athletes for over two 
        decades because of ineffective oversight by USA Gymnastics and 
        the United States Olympic Committee.
            (3) While the case of Larry Nassar is unprecedented in 
        scale, the case is hardly the only recent incident of sexual 
        abuse in amateur sports.
            (4) Survivors of Larry Nassar's abuse and all survivors of 
        abuse in the Olympic and Paralympic movement deserve justice 
        and redress for the wrongs the survivors have suffered.
            (5) After a comprehensive congressional investigation, 
        including interviews and statements from survivors, former and 
        current organization officials, law enforcement, and advocates, 
        Congress found that the United States Olympic Committee and USA 
        Gymnastics fundamentally failed to uphold their existing 
        statutory purposes and duty to protect amateur athletes from 
        sexual, emotional, or physical abuse.
            (6) USA Gymnastics and the United States Olympic Committee 
        knowingly concealed abuse by Larry Nassar, leading to the abuse 
        of dozens of additional amateur athletes during the period 
        beginning in the summer of 2015 and ending in September 2016.
            (7) Ending abuse in the Olympic and Paralympic movement 
        requires enhanced oversight to ensure that the Olympic and 
        Paralympic movement does more to serve athletes and protect 
        their voice and safety.

SEC. 3. UNITED STATES OLYMPIC AND PARALYMPIC COMMITTEE.

    (a) In General.--Chapter 2205 of title 36, United States Code, is 
amended--
            (1) in the chapter heading, by striking ``UNITED STATES 
        OLYMPIC COMMITTEE'' and inserting ``UNITED STATES OLYMPIC AND 
        PARALYMPIC COMMITTEE'';
            (2) in section 220501(b)(6), by striking ``United States 
        Olympic Committee'' and inserting ``United States Olympic and 
        Paralympic Committee'';
            (3) in section 220502, by amending subsection (c) to read 
        as follows:
    ``(c) References to United States Olympic Association and United 
States Olympic Committee.--Any reference to the United States Olympic 
Association or the United States Olympic Committee is deemed to refer 
to the United States Olympic and Paralympic Committee.'';
            (4) in section 220506(a), by striking ``United States 
        Olympic Committee'' and inserting ``United States Olympic and 
        Paralympic Committee''; and
            (5) in section 220531, by striking ``United States Olympic 
        Committee'' each place it appears and inserting ``United States 
        Olympic and Paralympic Committee''.
    (b) Conforming Amendments.--The table of chapters for part B of 
subtitle II of title 36, United States Code, is amended by striking the 
item relating to chapter 2205 and inserting the following:

``2205. United States Olympic and Paralympic                  220501''.
                            Committee.

SEC. 4. CONGRESSIONAL OVERSIGHT OF UNITED STATES OLYMPIC AND PARALYMPIC 
              COMMITTEE AND NATIONAL GOVERNING BODIES.

    (a) In General.--Chapter 2205 of title 36, United States Code, is 
amended--
            (1) by redesignating the second subchapter designated as 
        subchapter III (relating to the United States Center for 
        SafeSport), as added by section 202 of the Protecting Young 
        Victims from Sexual Abuse and Safe Sport Authorization Act of 
        2017 (Public Law 115-126; 132 Stat. 320) as subchapter IV; and
            (2) by adding at the end the following:

 ``SUBCHAPTER V--DISSOLUTION OF BOARD OF DIRECTORS OF CORPORATION AND 
        TERMINATION OF RECOGNITION OF NATIONAL GOVERNING BODIES

``Sec. 220551. Definitions
    ``In this subchapter, the term `joint resolution' means a joint 
resolution--
            ``(1) which does not have a preamble; and
            ``(2) for which--
                    ``(A)(i) the title is only as follows: `A joint 
                resolution to dissolve the board of directors of the 
                United States Olympic and Paralympic Committee'; and
                    ``(ii) the matter after the resolving clause--
                            ``(I) is as follows: `That Congress finds 
                        that dissolving the board of directors of the 
                        United States Olympic and Paralympic Committee 
                        would not unduly interfere with the operations 
                        of chapter 2205 of title 36, United States 
                        Code'; and
                            ``(II) prescribes adequate procedures for 
                        forming a board of directors of the corporation 
                        with all reasonable expediency and in a manner 
                        that safeguards the voting power of the 
                        representatives of amateur athletes at all 
                        times; or
                    ``(B)(i) the title is only as follows: `A joint 
                resolution relating to terminating the recognition of a 
                national governing body'; and
                    ``(ii) the matter after the resolving clause is 
                only as follows: `That Congress determines that 
                _________, which is recognized as a national governing 
                body under section 220521 of title 36, United States 
                Code, has failed to fulfill its duties, as described in 
                section 220524 of title 36, United States Code', the 
                blank space being filled in with the name of the 
                applicable national governing body.
``Sec. 220552. Dissolution of board of directors of corporation and 
              termination of recognition of national governing bodies
    ``(a) Dissolution of Board of Directors of Corporation.--Effective 
on the date of enactment of a joint resolution described in section 
220551(2)(A) with respect to the board of directors of the corporation, 
such board of directors shall be dissolved.
    ``(b) Termination of Recognition of National Governing Body.--
Effective on the date of enactment of a joint resolution described in 
section 220551(2)(B) with respect to a national governing body, the 
recognition of the applicable amateur sports organization as a national 
governing body shall cease to have force or effect.
``Sec. 220553. Joint resolution
    ``(a) Referral and Reporting.--
            ``(1) House of representatives.--
                    ``(A) In general.--In the House of Representatives, 
                a joint resolution shall be referred to the Committee 
                on Energy and Commerce.
                    ``(B) Discharge.--The Committee on Energy and 
                Commerce shall be discharged from further consideration 
                of a joint resolution and the joint resolution shall be 
                referred to the appropriate calendar on the date on 
                which not less than three-fifths of the Members of the 
                House of Representatives, duly chosen and sworn, are 
                listed as cosponsors of the joint resolution.
                    ``(C) Limitation on consideration.--Except as 
                provided in subsection (e)(1), it shall not be in order 
                for the House of Representatives to consider a joint 
                resolution unless--
                            ``(i) the joint resolution is reported by 
                        the Committee on Energy and Commerce; or
                            ``(ii) the Committee on Energy and Commerce 
                        is discharged from further consideration of the 
                        joint resolution under subparagraph (B).
            ``(2) Senate.--
                    ``(A) In general.--In the Senate, a joint 
                resolution shall be referred to the Committee on 
                Commerce, Science, and Transportation.
                    ``(B) Discharge.--The Committee on Commerce, 
                Science, and Transportation shall be discharged from 
                further consideration of the joint resolution and the 
                joint resolution shall be referred to the appropriate 
                calendar on the date on which not less than three-
                fifths of the Members of the Senate, duly chosen and 
                sworn, are listed as cosponsors of the joint 
                resolution.
                    ``(C) Limitation on consideration.--Except as 
                provided in subsection (e)(1), it shall not be in order 
                for the Senate to consider a joint resolution unless--
                            ``(i) the joint resolution is reported by 
                        the Committee on Commerce, Science, and 
                        Transportation; or
                            ``(ii) the Committee on Commerce, Science, 
                        and Transportation is discharged from further 
                        consideration of the joint resolution under 
                        subparagraph (B).
    ``(b) Expedited Consideration in House of Representatives.--
            ``(1) Proceeding to consideration.--After the Committee on 
        Energy and Commerce reports a joint resolution to the House of 
        Representatives or has been discharged from its consideration 
        in accordance with subsection (a)(1)(B), it shall be in order 
        to move to proceed to consider the joint resolution in the 
        House of Representatives. All points of order against the 
        motion are waived. Such a motion shall not be in order after 
        the House of Representatives has disposed of a motion to 
        proceed on a joint resolution. The previous question shall be 
        considered as ordered on the motion to its adoption without 
        intervening motion. The motion is highly privileged in the 
        House of Representatives and is not debatable. A motion to 
        reconsider the vote by which the motion is disposed of shall 
        not be in order.
            ``(2) Consideration.--A joint resolution shall be 
        considered as read. All points of order against the joint 
        resolution and against its consideration are waived. The 
        previous question shall be considered as ordered on the joint 
        resolution to its final passage without intervening motion 
        except 2 hours of debate equally divided and controlled by the 
        proponent and an opponent. A motion to reconsider the vote on 
        passage of the joint resolution shall not be in order.
    ``(c) Expedited Procedure in Senate.--
            ``(1) Motion to proceed.--Notwithstanding rule XXII of the 
        Standing Rules of the Senate, after the Committee on Commerce, 
        Science, and Transportation reports a joint resolution to the 
        Senate or has been discharged from its consideration in 
        accordance with subsection (a)(2)(B), it shall be in order for 
        any Member of the Senate to move to proceed to the 
        consideration of the joint resolution. A motion to proceed is 
        in order even though a previous motion to the same effect has 
        been disagreed to. The motion to proceed is not debatable. The 
        motion is not subject to a motion to postpone. A motion to 
        reconsider the vote by which the motion is agreed to or 
        disagreed to shall not be in order. If a motion to proceed to 
        the consideration of the joint resolution is agreed to, the 
        joint resolution shall remain the unfinished business until 
        disposed of.
            ``(2) Consideration.--Consideration of a joint resolution, 
        and on all debatable motions and appeals in connection 
        therewith, shall be limited to not more than 10 hours, which 
        shall be divided equally between the Majority and Minority 
        Leaders or their designees. A motion further to limit debate is 
        in order and not debatable. A motion to postpone, a motion to 
        proceed to the consideration of other business, or a motion to 
        recommit the joint resolution is not in order. Any debatable 
        motion is debatable for not to exceed 1 hour, to be divided 
        equally between those favoring and those opposing the motion. 
        All time used for consideration of the joint resolution, 
        including time used for quorum calls and voting, shall be 
        counted against the total 10 hours of consideration.
            ``(3) Vote on passage.--If the Senate has voted to proceed 
        to a joint resolution, the vote on passage of the joint 
        resolution shall occur immediately following the conclusion of 
        consideration of the joint resolution, and a single quorum call 
        at the conclusion of the consideration if requested in 
        accordance with the rules of the Senate.
            ``(4) Rulings of the chair on procedure.--Appeals from the 
        decisions of the Chair relating to the application of the rules 
        of the Senate to the procedure relating to a joint resolution 
        shall be decided without debate.
    ``(d) Amendments Not in Order.--A joint resolution shall not be 
subject to amendment in either the House of Representatives or the 
Senate.
    ``(e) Rules to Coordinate Action With Other House.--
            ``(1) Treatment of joint resolution of other house.--
                    ``(A) In general.--If the Senate or House of 
                Representatives fails to introduce or consider a joint 
                resolution under this section, the joint resolution of 
                the other House--
                            ``(i) shall be entitled to expedited floor 
                        procedures described under this section; and
                            ``(ii) may be referred in the receiving 
                        chamber or may be held at the desk.
                    ``(B) Potential referral.--If a joint resolution 
                referred to a committee under subparagraph (A)(ii) is 
                cosponsored by not less than three-fifths of the 
                Members of the originating House, duly chosen and 
                sworn, the committee shall report the joint resolution 
                not later than 20 days after the date on which the 
                joint resolution is referred to the committee.
            ``(2) Vetoes.--If the President vetoes a joint resolution, 
        debate on a veto message in the Senate under this section shall 
        be 1 hour equally divided between the Majority and Minority 
        leaders or their designees.
    ``(f) Rulemaking Function.--This section is enacted by Congress--
            ``(1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a joint resolution, and it supersedes 
        other rules only to the extent that it is inconsistent with 
        such rules; and
            ``(2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.''.
    (b) Technical and Conforming Amendments.--The table of sections for 
chapter 2205 of title 36, United States Code, is amended--
            (1) by striking the second item relating to subchapter III 
        (relating to the United States Center for SafeSport), as added 
        by section 202 of the Protecting Young Victims from Sexual 
        Abuse and Safe Sport Authorization Act of 2017 (Public Law 115-
        126; 132 Stat. 320) and inserting the following:

       ``subchapter iv--united states center for safesport''; and

            (2) by adding at the end the following:

  ``subchapter v--dissolution of board of directors of corporation and 
        termination of recognition of national governing bodies

``220551. Definitions.
``220552. Dissolution of board of directors of corporation and 
                            termination of recognition of national 
                            governing bodies.
``220553. Joint resolution.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date that is 1 year after the date of the enactment of 
this Act.

SEC. 5. MODIFICATIONS TO UNITED STATES OLYMPIC AND PARALYMPIC 
              COMMITTEE.

    (a) Purposes of the Corporation.--Section 220503 of title 36, 
United States Code, is amended--
            (1) in paragraph (9), by inserting ``and access to'' after 
        ``development of'';
            (2) in paragraph (14), by striking ``; and'' and inserting 
        a semicolon;
            (3) in paragraph (15), by striking the period at the end 
        and inserting ``; and''; and
            (4) by adding at the end the following:
            ``(16) to effectively oversee the national governing bodies 
        with respect to compliance with and implementation of the 
        policies and procedures of the corporation, including policies 
        and procedures on the establishment of a safe environment in 
        sports as described in paragraph (15).''.
    (b) Modifications to Membership in Corporation and Representation 
of Athletes.--
            (1) Definition of athletes' advisory council.--Section 
        220501(b) of title 36, United States Code, is amended--
                    (A) by striking paragraph (9);
                    (B) by redesignating paragraphs (4) through (8) as 
                paragraphs (5) through (9), respectively; and
                    (C) by inserting after paragraph (3) the following:
            ``(4) `Athletes' Advisory Council' means the entity 
        established and maintained under section 220504(b)(2)(A) that--
                    ``(A) is composed of, and elected by, amateur 
                athletes to ensure communication between the 
                corporation and currently active amateur athletes; and
                    ``(B) serves as a source of amateur-athlete opinion 
                and advice with respect to policies and proposed 
                policies of the corporation.''.
            (2) Membership and representation.--Section 220504 of title 
        36, United States Code, is amended--
                    (A) in subsection (a), by inserting ``and 
                membership shall be available only to national 
                governing bodies'' before the period at the end;
                    (B) in subsection (b)(2)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``within the preceding 10 
                        years'';
                            (ii) by striking subparagraph (A) and 
                        inserting the following:
                    ``(A) establish and maintain an Athletes' Advisory 
                Council;'';
                            (iii) in subparagraph (B)--
                                    (I) by striking ``20 percent'' and 
                                inserting ``\1/3\''; and
                                    (II) by inserting ``, including any 
                                panel empowered to resolve grievances'' 
                                before the semicolon;
                            (iv) by redesignating subparagraph (B) as 
                        subparagraph (D); and
                            (v) by inserting after subparagraph (A) the 
                        following:
                    ``(B) ensure that the chair of the Athletes' 
                Advisory Council, or the designee of the chair, holds 
                voting power on the board of directors of the 
                corporation and in the committees and entities of the 
                corporation;
                    ``(C) require that \1/3\ of the membership of the 
                board of directors of the corporation shall be composed 
                of, and elected by, such amateur athletes, including 
                not fewer than one amateur athlete who--
                            ``(i) is actively engaged in representing 
                        the United States in amateur athletic 
                        competition; or
                            ``(ii) has represented the United States in 
                        international amateur athletic competition 
                        during the preceding 10-year period; and''; and
                    (C) by adding at the end the following:
    ``(c) Conflict of Interest.--An athlete who represents athletes 
under subsection (b)(2) shall not be employed by the Center, or serve 
in a capacity that exercises decision-making authority on behalf of the 
Center, during the two-year period beginning on the date on which the 
athlete ceases such representation.
    ``(d) Certification Requirements.--The bylaws of the corporation 
shall include a description of all generally applicable certification 
requirements for membership in the corporation.''.
    (c) Duties.--
            (1) In general.--Section 220505 of title 36, United States 
        Code, is amended--
                    (A) in the section heading, by striking ``Powers'' 
                and inserting ``Powers and duties''; and
                    (B) by adding at the end the following:
    ``(d) Duties.--
            ``(1) In general.--The duty of the corporation to amateur 
        athletes includes the adoption, effective implementation, and 
        enforcement of policies and procedures designed--
                    ``(A) to immediately report to law enforcement and 
                the Center any allegation of child abuse of an amateur 
                athlete who is a minor;
                    ``(B) to ensure that each national governing body 
                has in place policies and procedures to report 
                immediately any allegation of child abuse of an amateur 
                athlete, consistent with--
                            ``(i) the policies and procedures developed 
                        under paragraph (3) of section 220541(a); and
                            ``(ii) the requirement described in 
                        paragraph (2)(A) of section 220542(a); and
                    ``(C) to ensure that each national governing body 
                and the corporation enforces temporary measures and 
                sanctions issued pursuant to the authority of the 
                Center.
            ``(2) Rule of construction.--Nothing in this subsection 
        shall be construed to preempt or otherwise abrogate the duty of 
        care of the corporation under State law or the common law.''.
            (2) Conforming amendment.--The table of sections for 
        chapter 2205 of title 36, United States Code, is amended by 
        striking the item relating to section 220505 and inserting the 
        following:

``220505. Powers and duties.''.
    (d) Policy With Respect to Assisting Members or Former Members in 
Obtaining Jobs.--Section 220507 of title 36, United States Code, is 
amended by adding at the end the following:
    ``(c) Policy With Respect to Assisting Members or Former Members in 
Obtaining Jobs.--The corporation shall develop 1 or more policies that 
prohibit any individual who is an employee, contractor, or agent of the 
corporation from assisting a member or former member in obtaining a new 
job (except the routine transmission of administrative and personnel 
files) if the individual knows that such member or former member 
violated the policies or procedures of the Center related to sexual 
misconduct or was convicted of a crime involving sexual misconduct with 
a minor in violation of applicable law.''.
    (e) Office of the Athlete Ombudsman.--Section 220509(b) of title 
36, United States Code, is amended--
            (1) in the subsection heading, by striking ``Ombudsman'' 
        and inserting ``Office of the Athlete Ombudsman'';
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by moving clauses (i) 
                through (iii) two ems to the right;
                    (B) by striking ``(2)(A) The procedure'' and 
                inserting the following:
            ``(2) Hiring procedures; vacancy; termination.--
                    ``(A) Hiring procedures.--The procedure'';
                    (C) in subparagraph (B)--
                            (i) by moving clauses (i) through (iii) two 
                        ems to the right; and
                            (ii) by striking ``(B) The corporation'' 
                        and inserting the following:
                    ``(C) Termination.--The corporation''; and
                    (D) in the undesignated matter following clause 
                (iii) of subparagraph (A), by striking ``If there is'' 
                and inserting the following:
                    ``(B) Vacancy.--If there is'';
            (3) by redesignating paragraph (2) as paragraph (3);
            (4) in paragraph (1), in the matter preceding subparagraph 
        (A), by striking ``(1) The corporation'' and all that follows 
        through ``who shall--'' and inserting the following:
            ``(1) In general.--The corporation shall hire and provide 
        salary, benefits, and administrative expenses for an ombudsman 
        and support staff for athletes.
            ``(2) Duties.--The Office of the Athlete Ombudsman shall--
        '';
            (5) in paragraph (2), as so designated by paragraph (4)--
                    (A) by amending subparagraph (B) to read as 
                follows:
                    ``(B) assist in the resolution of athlete 
                concerns;'';
                    (B) by redesignating subparagraph (C) as 
                subparagraph (D); and
                    (C) by inserting after subparagraph (B) the 
                following:
                    ``(C) provide independent advice to athletes with 
                respect to--
                            ``(i) the role, responsibility, authority, 
                        and jurisdiction of the Center; and
                            ``(ii) the relative value of engaging legal 
                        counsel; and''; and
            (6) by adding at the end the following:
            ``(4) Confidentiality.--
                    ``(A) In general.--The Office of the Athlete 
                Ombudsman shall maintain as confidential any 
                information communicated or provided to the Office of 
                the Athlete Ombudsman in any matter involving the 
                exercise of the official duties of the Office of the 
                Athlete Ombudsman.
                    ``(B) Exception.--The Office of the Athlete 
                Ombudsman may disclose information described in 
                subparagraph (A) as necessary to resolve or mediate a 
                dispute, with the permission of the parties involved.
                    ``(C) Judicial and administrative proceedings.--
                            ``(i) In general.--The ombudsman and the 
                        staff of the Office of the Athlete Ombudsman 
                        shall not be compelled to testify or produce 
                        evidence in any judicial or administrative 
                        proceeding with respect to any matter involving 
                        the exercise of the duties of the Office of the 
                        Athlete Ombudsman.
                            ``(ii) Work product.--Any memorandum, work 
                        product, notes, or case file of the Office of 
                        the Athlete Ombudsman--
                                    ``(I) shall be confidential; and
                                    ``(II) shall not be--
                                            ``(aa) subject to 
                                        discovery, subpoena, or any 
                                        other means of legal 
                                        compulsion; or
                                            ``(bb) admissible as 
                                        evidence in a judicial or 
                                        administrative proceeding.
                    ``(D) Applicability.--The confidentiality 
                requirements under this paragraph shall not apply to 
                information relating to--
                            ``(i) applicable federally mandated 
                        reporting requirements;
                            ``(ii) a felony personally witnessed by a 
                        member of the Office of the Athlete Ombudsman;
                            ``(iii) a situation, communicated to the 
                        Office of the Athlete Ombudsman, in which an 
                        individual is at imminent risk of serious harm; 
                        or
                            ``(iv) a congressional subpoena.
                    ``(E) Development of policy.--
                            ``(i) In general.--Not later than 180 days 
                        after the date of the enactment of the 
                        Empowering Olympic and Amateur Athletes Act of 
                        2019, the Office of the Athlete Ombudsman shall 
                        develop and publish in the Federal Register a 
                        confidentiality and privacy policy consistent 
                        with this paragraph.
                            ``(ii) Distribution.--The Office of the 
                        Athlete Ombudsman shall distribute a copy of 
                        the policy developed under clause (i) to--
                                    ``(I) employees of the national 
                                governing bodies; and
                                    ``(II) employees of the 
                                corporation.
                            ``(iii) Publication by national governing 
                        bodies.--Each national governing body shall--
                                    ``(I) publish the policy developed 
                                under clause (i) on the internet 
                                website of the national governing body; 
                                and
                                    ``(II) communicate to amateur 
                                athletes the availability of the 
                                policy.
            ``(5) Prohibition on retaliation.--No employee, contractor, 
        agent, volunteer, or member of the corporation shall take or 
        threaten to take any action against an athlete as a reprisal 
        for disclosing information to or seeking assistance from the 
        Office of the Athlete Ombudsman.
            ``(6) Independence in carrying out duties.--The board of 
        directors of the corporation or any other member or employee of 
        the corporation shall not prevent or prohibit the Office of the 
        Athlete Ombudsman from carrying out any duty or responsibility 
        under this section.''.
    (f) Reports and Audits.--
            (1) In general.--Section 220511 of title 36, United States 
        Code, is amended--
                    (A) in the section heading, by striking ``Report'' 
                and inserting ``Reports and audits'';
                    (B) by striking subsection (b);
                    (C) by amending subsection (a) to read as follows:
    ``(a) Report.--
            ``(1) Submission to president and congress.--Not less 
        frequently than annually, the corporation shall submit 
        simultaneously to the President and to each House of Congress a 
        detailed report on the operations of the corporation for the 
        preceding calendar year.
            ``(2) Matters to be included.--Each report required by 
        paragraph (1) shall include the following:
                    ``(A) A comprehensive description of the activities 
                and accomplishments of the corporation during such 
                calendar year.
                    ``(B) Data concerning the participation of women, 
                disabled individuals, and racial and ethnic minorities 
                in the amateur athletic activities and administration 
                of the corporation and national governing bodies.
                    ``(C) A description of the steps taken to encourage 
                the participation of women, disabled individuals, and 
                racial minorities in amateur athletic activities.
                    ``(D) A description of any lawsuit or grievance 
                filed against the corporation, including any dispute 
                initiated under this chapter.
                    ``(E) The agenda and minutes of any meeting of the 
                board of directors of the corporation that occurred 
                during such calendar year.
                    ``(F) A report by the compliance committee of the 
                corporation that, with respect to such calendar year--
                            ``(i) identifies--
                                    ``(I) the areas in which the 
                                corporation has met compliance 
                                standards; and
                                    ``(II) the areas in which the 
                                corporation has not met compliance 
                                standards; and
                            ``(ii) assesses the compliance of each 
                        member of the corporation and provides a plan 
                        for improvement, as necessary.
                    ``(G) A detailed description of any complaint of 
                retaliation made during such calendar year, including 
                the entity involved, the number of allegations of 
                retaliation, and the outcome of such allegations.
            ``(3) Public availability.--The corporation shall make each 
        report under this subsection available to the public on an 
        easily accessible internet website of the corporation.''; and
                    (D) by adding at the end the following:
    ``(b) Audit.--
            ``(1) In general.--Not less frequently than annually, the 
        financial statements of the corporation for the preceding 
        fiscal year shall be audited in accordance with generally 
        accepted auditing standards by--
                    ``(A) an independent certified public accountant; 
                or
                    ``(B) an independent licensed public accountant who 
                is certified or licensed by the regulatory authority of 
                a State or a political subdivision of a State.
            ``(2) Location.--An audit under paragraph (1) shall be 
        conducted at the location at which the financial statements of 
        the corporation normally are kept.
            ``(3) Access.--An individual conducting an audit under 
        paragraph (1) shall be given full access to--
                    ``(A) all records and property owned or used by the 
                corporation, as necessary to facilitate the audit; and
                    ``(B) any facility under audit for the purpose of 
                verifying transactions, including any balance or 
                security held by a depository, fiscal agent, or 
                custodian.
            ``(4) Report.--
                    ``(A) In general.--Not later than 180 days after 
                the end of the fiscal year for which an audit is 
                carried out, the auditor shall submit a report on the 
                audit to the Committee on Commerce, Science, and 
                Transportation of the Senate, the Committee on Energy 
                and Commerce of the House of Representatives, and the 
                chair of the Athletes' Advisory Council.
                    ``(B) Matters to be included.--Each report under 
                subparagraph (A) shall include the following for the 
                applicable fiscal year:
                            ``(i) Any statement necessary to present 
                        fairly the assets, liabilities, and surplus or 
                        deficit of the corporation.
                            ``(ii) An analysis of the changes in the 
                        amounts of such assets, liabilities, and 
                        surplus or deficit.
                            ``(iii) A detailed statement of the income 
                        and expenses of the corporation, including the 
                        results of any trading, manufacturing, 
                        publishing, or other commercial endeavor.
                            ``(iv) A detailed statement of the amounts 
                        spent on stipends and services for athletes.
                            ``(v) A detailed statement of the amounts 
                        spent on compensation and services for 
                        executives and administration officials of the 
                        corporation, including the 20 employees of the 
                        corporation who receive the highest amounts of 
                        compensation.
                            ``(vi) A detailed statement of the amounts 
                        allocated to the national governing bodies.
                            ``(vii) Such comments and information as 
                        the auditor considers necessary to inform 
                        Congress of the financial operations and 
                        condition of the corporation.
                            ``(viii) Recommendations relating to the 
                        financial operations and condition of the 
                        corporation.
                            ``(ix) A description of any financial 
                        conflict of interest (including a description 
                        of any recusal or other mitigating action 
                        taken), evaluated in a manner consistent with 
                        the policies of the corporation, of--
                                    ``(I) a member of the board of 
                                directors of the corporation; or
                                    ``(II) any senior management 
                                personnel of the corporation.
                    ``(C) Public availability.--
                            ``(i) In general.--The corporation shall 
                        make each report under this paragraph available 
                        to the public on an easily accessible internet 
                        website of the corporation.
                            ``(ii) Personally identifiable 
                        information.--A report made available under 
                        clause (i) shall not include the personally 
                        identifiable information of any individual.''.
            (2) Conforming amendment.--The table of sections for 
        chapter 2205 of title 36, United States Code, is amended by 
        striking the item relating to section 220511 and inserting the 
        following:

``220511. Reports and audits.''.
    (g) Policy With Respect to Bonus and Severance Pay.--
            (1) In general.--Section 220507 of title 36, United States 
        Code, as amended by subsection (d), is further amended by 
        adding at the end the following:
    ``(d) Policy Regarding Terms and Conditions of Employment.--The 
corporation shall establish a policy--
            ``(1) not to disperse bonus or severance pay to any 
        individual named as a subject of an ethics investigation by the 
        ethics committee of the corporation, until such individual is 
        cleared of wrongdoing by such investigation; and
            ``(2) that provides that--
                    ``(A) if the ethics committee determines that an 
                individual has violated the policies of the 
                corporation--
                            ``(i) the individual is no longer entitled 
                        to bonus or severance pay previously withheld; 
                        and
                            ``(ii) the compensation committee of the 
                        corporation may reduce or cancel the withheld 
                        bonus or severance pay; and
                    ``(B) in the case of an individual who is the 
                subject of a criminal investigation, the ethics 
                committee shall investigate the individual.''.
            (2) Applicability.--The amendment made by paragraph (1) 
        shall not apply to any term of employment for the disbursement 
        of bonus or severance pay that is in effect as of the day 
        before the date of the enactment of this Act.
    (h) Annual Amateur Athlete Survey.--
            (1) In general.--Subchapter I of chapter 2205 of title 36, 
        United States Code, is amended by adding at the end the 
        following:
``Sec. 220513. Annual amateur athlete survey
    ``(a) In General.--Not less frequently than annually, the 
corporation shall enter into a contract with an independent third-party 
organization to conduct an anonymous survey of amateur athletes who are 
actively engaged in amateur athletic competition with respect to--
            ``(1) their satisfaction with the corporation and the 
        applicable national governing body; and
            ``(2) the behaviors, attitudes, and feelings within the 
        corporation and the applicable national governing body relating 
        to sexual harassment and abuse.
    ``(b) Consultation.--A contract under subsection (a) shall require 
the independent third-party organization to develop the survey in 
consultation with the Center.
    ``(c) Prohibition on Interference.--If the corporation or a 
national governing body makes any effort to undermine the independence 
of, introduce bias into, or otherwise influence a survey under 
subsection (a), the corporation or the national governing body shall be 
decertified.
    ``(d) Public Availability.-- The corporation shall make the results 
of each such survey available to the public on an internet website of 
the corporation.''.
            (2) Conforming amendment.--The table of sections for 
        chapter 2205 of title 36, United States Code, is amended by 
        adding at the end of subchapter I the following:

``220513. Annual amateur athlete survey.''.

SEC. 6. MODIFICATIONS TO NATIONAL GOVERNING BODIES.

    (a) Certification of National Governing Bodies.--
            (1) In general.--Section 220521 of title 36, United States 
        Code, is amended--
                    (A) in the section heading, by striking 
                ``Recognition of amateur sports organizations as 
                national governing bodies'' and inserting 
                ``Certification of national governing bodies'';
                    (B) by amending subsection (a) to read as follows:
    ``(a) In General.--With respect to each sport included on the 
program of the Olympic Games, the Paralympic Games, or the Pan-American 
Games, the corporation--
            ``(1) may certify as a national governing body an amateur 
        sports organization, a high-performance management 
        organization, or a paralympic sports organization that files an 
        application and is eligible for such certification under 
        section 220522; and
            ``(2) may not certify more than 1 national governing 
        body.'';
                    (C) in subsection (b), by striking ``recognizing'' 
                and inserting ``certifying'';
                    (D) in subsection (c), by striking ``recognizing'' 
                and inserting ``certifying''; and
                    (E) by amending subsection (d) to read as follows:
    ``(d) Review of Certification.--Not later than 8 years after the 
date of the enactment of the Empowering Olympic and Amateur Athletes 
Act of 2019, and not less frequently than once every 4 years 
thereafter, the corporation--
            ``(1) shall review all matters related to the continued 
        certification of an organization as a national governing body;
            ``(2) may take action the corporation considers 
        appropriate, including placing conditions on the continued 
        certification of an organization as a national governing body;
            ``(3) shall submit to Congress a summary report of each 
        review under paragraph (1); and
            ``(4) shall make each such summary report available to the 
        public.''.
            (2) Technical and conforming amendments.--
                    (A) Chapter 2205 of title 36, United States Code, 
                is amended--
                            (i) in section 220501(b), as amended by 
                        section 5(b)(1), by amending paragraph (9) to 
                        read as follows:
            ``(9) `national governing body' means an amateur sports 
        organization, a high-performance management organization, or a 
        paralympic sports organization that is certified by the 
        corporation under section 220521.'';
                            (ii) in section 220504(b), by amending 
                        paragraph (1) to read as follows:
            ``(1) national governing bodies, including through 
        provisions that establish and maintain a National Governing 
        Bodies' Council that is composed of representatives of the 
        national governing bodies who are selected by their boards of 
        directors or other governing boards to ensure effective 
        communication between the corporation and the national 
        governing bodies;'';
                            (iii) in section 220505(c), by amending 
                        paragraph (4) to read as follows:
            ``(4) certify national governing bodies for any sport that 
        is included on the program of the Olympic Games, the Paralympic 
        Games, or the Pan-American Games;'';
                            (iv) in section 220509(b)(2)(A), as 
                        designated by subsection 5(e)(4), by striking 
                        ``paralympic sports organizations,'';
                            (v) in section 220512, by striking ``or 
                        paralympic sports organization'';
                            (vi) in section 220522--
                                    (I) by striking subsection (b); and
                                    (II) in subsection (a)--
                                            (aa) by striking 
                                        ``recognized'' each place it 
                                        appears and inserting 
                                        ``certified'';
                                            (bb) by striking 
                                        ``recognition'' each place it 
                                        appears and inserting 
                                        ``certification'';
                                            (cc) in paragraph (6), by 
                                        inserting ``, the Paralympic 
                                        Games,'' after ``the Olympic 
                                        Games'';
                                            (dd) in paragraph (11)--

                                                    (AA) in the matter 
                                                preceding subparagraph 
                                                (A), by inserting ``, 
                                                high-performance 
                                                management 
                                                organization, or 
                                                paralympic sports 
                                                organization'' after 
                                                ``amateur sports 
                                                organization''; and

                                                    (BB) in 
                                                subparagraph (B), by 
                                                striking ``amateur 
                                                sports'' and inserting 
                                                ``applicable''; and

                                            (ee) by striking the 
                                        subsection designation and 
                                        heading and all that follows 
                                        through ``An amateur sports 
                                        organization'' and inserting 
                                        ``An amateur sports 
                                        organization, a high-
                                        performance management 
                                        organization, or a paralympic 
                                        sports organization'';
                            (vii) in section 220524, by striking 
                        ``amateur sports'' each place it appears;
                            (viii) in section 220528--
                                    (I) by striking ``recognition'' 
                                each place it appears and inserting 
                                ``certification'';
                                    (II) by striking ``recognize'' each 
                                place it appears and inserting 
                                ``certify''; and
                                    (III) in subsection (g), in the 
                                subsection heading, by striking 
                                ``Recognition'' and inserting 
                                ``Certification'';
                            (ix) in section 220531--
                                    (I) by striking ``, each national 
                                governing body, and each paralympic 
                                sports organization'' each place it 
                                appears and inserting ``and each 
                                national governing body''; and
                                    (II) in subsection (c)(2), by 
                                striking ``each paralympic sports 
                                organization,'';
                            (x) in section 220541--
                                    (I) in subsection (a)--
                                            (aa) in paragraph (2), by 
                                        striking ``, each national 
                                        governing body, and each 
                                        paralympic sports 
                                        organization'' and inserting 
                                        ``and each national governing 
                                        body''; and
                                            (bb) in paragraph (3), by 
                                        striking ``and paralympic 
                                        sports organizations''; and
                                    (II) in subsection (d)(3), by 
                                striking subparagraph (C);
                            (xi) in section 220542--
                                    (I) by striking ``or paralympic 
                                sports organization'' each place it 
                                appears; and
                                    (II) in subsection (a)(2)--
                                            (aa) in subparagraph (A), 
                                        by striking ``, a paralympic 
                                        sports organization,'';
                                            (bb) in subparagraph (E), 
                                        by striking ``or a paralympic 
                                        sports organization of each 
                                        national governing body and 
                                        paralympic sports 
                                        organization''; and
                                            (cc) in subparagraph 
                                        (F)(i)--

                                                    (AA) by striking 
                                                ``, or an adult'' and 
                                                inserting ``or an 
                                                adult'';

                                                    (BB) by striking 
                                                ``, paralympic sports 
                                                organization,''; and

                                                    (CC) by striking 
                                                ``, paralympic sports 
                                                organizations,''.

                    (B) The table of sections for chapter 2205 of title 
                36, United States Code, is amended by striking the item 
                relating to section 220521 and inserting the following:

``220521. Certification of national governing bodies.''.
    (b) Eligibility Requirements With Respect to Governing Boards.--
Section 220522 of title 36, United States Code, as amended by 
subsection (a)(2), is further amended--
            (1) in paragraph (2), by inserting ``, including the 
        ability to provide and enforce required athlete protection 
        policies and procedures'' before the semicolon;
            (2) in paragraph (5), in the matter preceding subparagraph 
        (A), by inserting ``except with respect to the oversight of the 
        organization,'' after ``sport,'';
            (3) by redesignating paragraphs (10) through (15) as 
        paragraphs (11) through (16), respectively;
            (4) by inserting after paragraph (9) the following:
            ``(10) ensures that the selection criteria for individuals 
        and teams that represent the United States are--
                    ``(A) fair, as determined by the corporation in 
                consultation with the national governing bodies, the 
                Athletes' Advisory Council, and the United States 
                Olympians and Paralympians Association;
                    ``(B) clearly articulated in writing and properly 
                communicated to athletes in a timely manner; and
                    ``(C) consistently applied, using objective and 
                subjective criteria appropriate to the applicable 
                sport;'';
            (5) by striking paragraph (13), as so redesignated, and 
        inserting the following:
            ``(13) demonstrates, based on guidelines approved by the 
        corporation, the Athletes' Advisory Council, and the National 
        Governing Bodies' Council, that--
                    ``(A) its board of directors and other such 
                governing boards have established criteria and election 
                procedures for, and maintain among their voting 
                members, individuals who are--
                            ``(i) elected by amateur athletes; and
                            ``(ii) actively engaged in amateur athletic 
                        competition in the sport for which 
                        certification is sought;
                    ``(B) any exception to such guidelines by such 
                organization has been approved by--
                            ``(i) the corporation; and
                            ``(ii) the Athletes' Advisory Council; and
                    ``(C) the voting power held by such individuals is 
                not less than \1/3\ of the voting power held by its 
                board of directors and other such governing boards;'';
            (6) in paragraph (15), as so redesignated, by striking ``; 
        and'' and inserting a semicolon;
            (7) in paragraph (16), as so redesignated, by striking the 
        period at the end and inserting a semicolon; and
            (8) by adding at the end the following:
            ``(17) commits to submitting annual reports to the 
        corporation that include, for each calendar year--
                    ``(A) a description of the manner in which the 
                organization--
                            ``(i) carries out the mission to promote a 
                        safe environment in sports that is free from 
                        abuse of amateur athletes (including emotional, 
                        physical, and sexual abuse); and
                            ``(ii) addresses any sanctions or temporary 
                        measures required by the Center;
                    ``(B) a description of any cause of action or 
                complaint filed against the organization that was 
                pending or settled during the preceding calendar year; 
                and
                    ``(C) a detailed statement of--
                            ``(i) the income and expenses of the 
                        organization; and
                            ``(ii) the amounts expended on stipends, 
                        bonuses, and services for amateur athletes, 
                        organized by the level and gender of the 
                        amateur athletes; and
            ``(18) commits to meeting any minimum standard or 
        requirement set forth by the corporation.''.
    (c) General Duties of National Governing Bodies.--Section 220524 of 
title 36, United States Code, is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``For the sport'' and inserting the following:
    ``(a) In General.--For the sport'';
            (2) in subsection (a), as so designated--
                    (A) in paragraph (8), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (9), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(10) develop 1 or more policies that prohibit any 
        individual who is an employee, contractor, or agent of the 
        national governing body from assisting a member or former 
        member in obtaining a new job (except for the routine 
        transmission of administrative and personnel files) if the 
        individual knows that such member or former member violated the 
        policies or procedures of the Center related to sexual 
        misconduct or was convicted of a crime involving sexual 
        misconduct with a minor in violation of applicable law or the 
        policies or procedures of the Center;
            ``(11) promote a safe environment in sports that is free 
        from abuse of any amateur athlete, including emotional, 
        physical, and sexual abuse;
            ``(12) take care to promote a safe environment in sports 
        using information relating to any temporary measure or sanction 
        issued pursuant to the authority of the Center;
            ``(13) immediately report to law enforcement any allegation 
        of child abuse of an amateur athlete who is a minor; and
            ``(14) have in place policies and procedures to report 
        immediately any allegation of child abuse of an amateur 
        athlete, consistent with--
                    ``(A) the policies and procedures developed under 
                paragraph (3) of section 220541(a); and
                    ``(B) the requirement described in paragraph (2)(A) 
                of section 220542(a).''; and
            (3) by adding at the end the following:
    ``(b) Rule of Construction.--Nothing in this section shall be 
construed to preempt or otherwise abrogate the duty of care of a 
national governing body under State law or the common law.''.
    (d) Elimination of Exhaustion of Remedies Requirement.--Section 
220527 of title 36, United States Code, is amended--
            (1) by striking subsection (b);
            (2) in subsection (c), by striking ``If the corporation'' 
        and all that follows through ``subsection (b)(1) of this 
        section, it'' and inserting ``The corporation''; and
            (3) by redesignating subsections (c) and (d) as subsections 
        (b) and (c), respectively.
    (e) Ensure Limitations on Communications Are Included in 
Limitations on Interactions.--Section 220530(a) of title 36, United 
States Code, is amended--
            (1) in paragraph (2), by inserting ``, including 
        communications,'' after ``interactions''; and
            (2) in paragraph (4), by striking ``makes'' and all that 
        follows through the period at the end and inserting the 
        following: ``makes--
                    ``(A) a report under paragraph (1); or
                    ``(B) any other report relating to abuse of any 
                amateur athlete, including emotional, physical, and 
                sexual abuse.''.

SEC. 7. MODIFICATIONS TO UNITED STATES CENTER FOR SAFESPORT.

    (a) Name of Center.--
            (1) Subchapter IV of chapter 2205 of title 36, United 
        States Code, as redesignated by section 4(a)(1), is amended in 
        the subchapter heading by striking ``SAFE SPORT'' and inserting 
        ``SAFESPORT''.
            (2) Section 220541 of title 36, United States Code, is 
        amended--
                    (A) in the section heading by striking ``safe 
                sport'' and inserting ``safesport''; and
                    (B) in subsection (a), in the matter preceding 
                paragraph (1), by striking ``Safe Sport'' and inserting 
                ``SafeSport''.
            (3) Paragraph (5) of section 220501(b) of title 36, United 
        States Code, as redesignated by section 5(b)(1), is amended by 
        striking ``United States Center for Safe Sport'' and inserting 
        ``United States Center for SafeSport''.
            (4) The table of sections for chapter 2205 of title 36, 
        United States Code, is amended by striking the item relating to 
        section 220541 and inserting the following:

``220541. Designation of United States Center for SafeSport.''.
    (b) List of Barred Individuals; Audit and Compliance.--Section 
220541(a) of title 36, United States Code, is amended--
            (1) in paragraph (4), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (5), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(6) maintain an office for compliance and audit that 
        shall--
                    ``(A) ensure that the national governing bodies and 
                the corporation implement and follow the policies and 
                procedures developed by the Center to prevent and 
                promptly report instances of abuse of amateur athletes, 
                including emotional, physical, and sexual abuse; and
                    ``(B) establish mechanisms that allow for the 
                reporting and investigation of alleged violations of 
                such policies and procedures; and
            ``(7) publish and maintain a publicly accessible internet 
        website that contains a comprehensive list of adults who are 
        barred by the Center.''.
    (c) Limitation on Liability.--Section 220541(d) of title 36, United 
States Code, as amended by section 6(a)(2), is further amended--
            (1) in paragraph (3), by inserting after subparagraph (B) 
        the following:
                    ``(C) the corporation;'';
            (2) by redesignating paragraph (3) as paragraph (4); and
            (3) by inserting after paragraph (2) the following:
            ``(3) Removal to federal court.--
                    ``(A) In general.--Any civil action brought in a 
                State court against the Center relating to the 
                responsibilities of the Center under this section, 
                section 220542, or section 220543, shall be removed, on 
                request by the Center, to the district court of the 
                United States in the district in which the action was 
                brought, and such district court shall have original 
                jurisdiction over the action without regard to the 
                amount in controversy or the citizenship of the parties 
                involved.
                    ``(B) Rule of construction.--Nothing in this 
                chapter shall be construed to create a private right of 
                action.''.
    (d) Training Materials; Independence; Funding.--Section 220541 of 
title 36, United States Code, is amended by adding at the end the 
following:
    ``(e) Training Materials.--The office for education and outreach 
referred to in subsection (a)(3) shall--
            ``(1) develop training materials for specific audiences, 
        including coaches, trainers, doctors, young children, 
        adolescents, adults, and individuals with disabilities; and
            ``(2) not less frequently than every 3 years, update such 
        training materials.
    ``(f) Independence.--
            ``(1) Prohibition with respect to former employees and 
        board members.--A former employee or board member of the 
        corporation or a national governing body shall not work or 
        volunteer at the Center during the 2-year period beginning on 
        the date on which the former employee or board member ceases 
        employment with the corporation or national governing body.
            ``(2) Athletes serving on board of directors of national 
        governing body.--
                    ``(A) In general.--An athlete serving on the board 
                of directors of a national governing body who is not 
                otherwise employed by the national governing body, may 
                volunteer at, or serve in an advisory capacity to, the 
                Center.
                    ``(B) Ineligibility for employment.--An athlete who 
                has served on the board of directors of a national 
                governing body shall not be eligible for employment at 
                the Center during the 2-year period beginning on the 
                date on which the athlete ceases to serve on such board 
                of directors.
            ``(3) Conflicts of interest.--An executive or attorney for 
        the Center shall be considered to have an inappropriate 
        conflict of interest if the executive or attorney also 
        represents the corporation or a national governing body.
            ``(4) Investigations.--
                    ``(A) In general.--The corporation and the national 
                governing bodies shall not interfere in, or attempt to 
                influence the outcome of, an investigation.
                    ``(B) Report.--In the case of an attempt to 
                interfere in, or influence the outcome of, an 
                investigation, not later than 72 hours after such 
                attempt, the Center shall submit to the Committee on 
                Commerce, Science, and Transportation of the Senate and 
                the Committee on Energy and Commerce of the House of 
                Representatives a report describing the attempt.
                    ``(C) Work product.--
                            ``(i) In general.--Any decision, report, 
                        memorandum, work product, notes, or case file 
                        of the Center--
                                    ``(I) shall be confidential; and
                                    ``(II) shall not be subject to 
                                discovery, subpoena, or any other means 
                                of legal compulsion in any civil action 
                                in which the Center is not a party to 
                                the action.
                            ``(ii) Rule of construction.--Nothing in 
                        this subparagraph shall be construed to 
                        prohibit the Center from providing work product 
                        described in clause (i) to a law enforcement 
                        agency for the purpose of assisting in a 
                        criminal investigation.
    ``(g) Funding.--
            ``(1) Mandatory payments.--
                    ``(A) Fiscal year 2020.--Not later than 30 days 
                after the date of the enactment of this subsection, the 
                corporation shall make a mandatory payment of 
                $20,000,000 to the Center for operating costs of the 
                Center for fiscal year 2020.
                    ``(B) Subsequent fiscal years.--Beginning on 
                January 1, 2020, the corporation shall make a mandatory 
                payment of $20,000,000 to the Center on January 1 each 
                year for operating costs of the Center.
            ``(2) Funds from national governing bodies.--The 
        corporation may use funds received from 1 or more national 
        governing bodies to make a mandatory payment required by 
        paragraph (1).
            ``(3) Failure to comply.--
                    ``(A) In general.--The Center may file a lawsuit to 
                compel payment under paragraph (1).
                    ``(B) Penalty.--For each day of late or incomplete 
                payment of a mandatory payment under paragraph (1) 
                after January 1 of the applicable year, the Center 
                shall be allowed to recover from the corporation an 
                additional $20,000.
            ``(4) Accountability.--
                    ``(A) In general.--Amounts transferred to the 
                Center by the corporation or a national governing body 
                shall be used, in accordance with section 220503(15), 
                primarily for the purpose of carrying out the duties 
                and requirements under sections 220541 through 220543 
                with respect to the investigation and resolution of 
                allegations of sexual misconduct, or other misconduct, 
                made by amateur athletes.
                    ``(B) Use of funds.--
                            ``(i) In general.--Of the amounts made 
                        available to the Center by the corporation or a 
                        national governing body in a fiscal year for 
                        the purpose described in section 220503(15)--
                                    ``(I) not less than 50 percent 
                                shall be used for processing the 
                                investigation and resolution of 
                                allegations described in subparagraph 
                                (A); and
                                    ``(II) not more than 10 percent may 
                                be used for executive compensation of 
                                officers and directors of the Center.
                            ``(ii) Reserve funds.--
                                    ``(I) In general.--If, after the 
                                Center uses the amounts as allocated 
                                under clause (i), the Center does not 
                                use the entirety of the remaining 
                                amounts for the purpose described in 
                                subparagraph (A), the Center may retain 
                                not more than 25 percent of such 
                                amounts as reserve funds.
                                    ``(II) Return of funds.--The Center 
                                shall return to the corporation and 
                                national governing bodies any amounts, 
                                proportional to the contributions of 
                                the corporation and national governing 
                                bodies, that remain after the retention 
                                described in subclause (I).
                            ``(iii) Lobbying and fundraising.--Amounts 
                        made available to the Center under this 
                        paragraph may not be used for lobbying or 
                        fundraising expenses.
    ``(h) Compliance Audits.--
            ``(1) In general.--Not less frequently than annually, the 
        Center shall carry out an audit of the corporation and each 
        national governing body--
                    ``(A) to assess compliance with policies and 
                procedures developed under this subchapter; and
                    ``(B) to ensure that consistent training relating 
                to the prevention of child abuse is provided to all 
                staff of the corporation and national governing bodies 
                who are in regular contact with amateur athletes and 
                members who are minors subject to parental consent.
            ``(2) Corrective measures.--
                    ``(A) In general.--The Center may impose on the 
                corporation or a national governing body a corrective 
                measure to achieve compliance with the policies and 
                procedures developed under this subchapter or the 
                training requirement described in paragraph (1)(B).
                    ``(B) Inclusions.--A corrective measure imposed 
                under subparagraph (A) may include the implementation 
                of an athlete safety program or specific policies, 
                additional compliance audits or training, and the 
                imposition of a probationary period.
                    ``(C) Enforcement.--
                            ``(i) In general.--On request by the 
                        Center, the corporation shall--
                                    ``(I) enforce any corrective 
                                measure required under subparagraph 
                                (A); and
                                    ``(II) report the status of 
                                enforcement with respect to a national 
                                governing body within a reasonable 
                                timeframe.
                            ``(ii) Methods.--The corporation may 
                        enforce a corrective measure through any means 
                        available to the corporation, including by 
                        withholding funds from a national governing 
                        body, limiting the participation of the 
                        national governing body in corporation events, 
                        and decertifying a national governing body.
                            ``(iii) Effect of noncompliance.--If the 
                        corporation fails to enforce a corrective 
                        measure within 72 hours of a request under 
                        clause (i), the Center may submit to the 
                        Committee on Commerce, Science, and 
                        Transportation of the Senate and the Committee 
                        on Energy and Commerce of the House of 
                        Representatives a report describing the 
                        noncompliance.
            ``(3) Annual report.--
                    ``(A) In general.--Not less frequently than 
                annually, the Center shall submit to Congress a report 
                on the findings of the audit under paragraph (1) for 
                the preceding year and the status of any corrective 
                measures imposed as a result of the audit.
                    ``(B) Public availability.--
                            ``(i) In general.--Each report under 
                        subparagraph (A) shall be made available to the 
                        public.
                            ``(ii) Personally identifiable 
                        information.--A report made available to the 
                        public shall not include the personally 
                        identifiable information of any individual.
    ``(i) Retaliation.--
            ``(1) Prohibition.--The Center (or any officer, employee, 
        contractor, subcontractor, or agent of the Center) may not 
        retaliate against any protected individual because of any 
        protected disclosure.
            ``(2) Reporting, investigation, and arbitration.--The 
        Center shall establish mechanisms for the reporting, 
        investigation, and resolution (through binding third-party 
        arbitration) of complaints of alleged retaliation against a 
        protected individual.
            ``(3) Disciplinary action.--If the Center finds that an 
        officer or employee of the Center (or any contractor, 
        subcontractor, or agent of the Center) has retaliated against a 
        protected individual, the Center shall take appropriate 
        disciplinary action with respect to any such individual found 
        to have retaliated against the protected individual.
            ``(4) Remedies.--
                    ``(A) In general.--If the Center finds that an 
                officer or employee of the Center (or any contractor, 
                subcontractor, or agent of the Center) has retaliated 
                against a protected individual, the Center shall 
                promptly--
                            ``(i) take affirmative action to abate the 
                        violation;
                            ``(ii) reinstate the complainant to the 
                        former position with the same pay and terms and 
                        privileges; and
                            ``(iii) pay compensatory damages, including 
                        economic damages (including backpay with 
                        interest) and any special damages sustained as 
                        a result of the retaliation, including damages 
                        for pain and suffering, reasonable attorney 
                        fees, and costs.
            ``(5) Enforcement action and procedures.--
                    ``(A) In general.--If the Center has not issued a 
                final decision within 180 days of the filing of the 
                complaint and there is no showing that such delay is 
                due to the bad faith of the complainant, the 
                complainant may bring an action at law or equity for de 
                novo review in the appropriate district court of the 
                United States, which shall have jurisdiction over such 
                an action without regard to the amount in controversy.
                    ``(B) Jury trial.--A party to an action brought 
                under paragraph (A) shall be entitled to trial by jury.
                    ``(C) Relief.--The court shall have jurisdiction to 
                grant all relief under paragraph (4).
            ``(6) Statute of limitations.--An action under paragraph 
        (2) shall be commenced not later than 2 years after the date on 
        which the violation occurs, or after the date on which the 
        protected individual became aware of the violation.
            ``(7) Burdens of proof.-- An action under paragraph (2) or 
        (5) shall be governed as follows:
                    ``(A) Required showing by complainant.--The Center 
                shall dismiss a complaint filed under this subsection 
                and shall not conduct an investigation unless the 
                complainant makes a prima facie showing that any 
                retaliation was a contributing factor in the action 
                alleged in the complaint.
                    ``(B) Criteria for determination by arbitration.--
                The arbitration may determine that a violation of 
                paragraph (1) has occurred only if the complainant 
                demonstrates that the retaliation was a contributing 
                factor in the action alleged in the complaint.
                    ``(C) Prohibition.--Relief may not be ordered under 
                paragraph (4) if the Center demonstrates by clear and 
                convincing evidence that the Center would have taken 
                the same action in the absence of that behavior.
            ``(8) Review.--Any person adversely affected or aggrieved 
        by an order issued under paragraph (4) may obtain review of the 
        order in the United States Court of Appeals for the circuit in 
        which the violation, with respect to which the order was 
        issued, allegedly occurred or the circuit in which the 
        complainant resided on the date of such violation. The petition 
        for review must be filed not later than 60 days after the date 
        of the issuance of the arbitration decision of the Center. 
        Review shall conform to chapter 7 of title 5, United States 
        Code. The commencement of proceedings under this subparagraph 
        shall not, unless ordered by the court, operate as a stay of 
        the order.
            ``(9) Rights retained by employee.--Nothing in this section 
        shall be deemed to diminish the rights, privileges, or remedies 
        of any employee under any Federal or State law, or under any 
        collective bargaining agreement.
            ``(10) Nonenforceability of certain provisions waiving 
        rights and remedies.--The rights and remedies provided for in 
        this section may not be waived by any agreement, policy form, 
        or condition of employment.
            ``(11) Protected individual.--For purposes of this 
        subsection, a protected individual includes any official or 
        employee of the Center and any contractor or subcontractor of 
        the Center.
    ``(j) Reports to Corporation.--Not later than 30 days after the end 
of each calendar quarter that begins after the date of the enactment of 
the Empowering Olympic and Amateur Athletes Act of 2019, the Center 
shall submit to the corporation a statement of the following:
            ``(1) The number and nature of misconduct complaints 
        referred to the Center, by sport.
            ``(2) The number and type of pending misconduct complaints 
        under investigation by the Center.
            ``(3) The number of misconduct complaints for which an 
        investigation was terminated or otherwise closed by the Center.
            ``(4) The number of such misconduct complaints reported to 
        law enforcement agencies by the Center for further 
        investigation.
            ``(5) The number of discretionary cases accepted or 
        declined by the Center, by sport.
            ``(6) The average time required for resolution of such 
        cases and misconduct complaints.
            ``(7) Information relating to the educational activities 
        and trainings conducted by the office of education and outreach 
        of the Center during the preceding quarter, including the 
        number of educational activities and trainings developed and 
        provided.
    ``(k) Certifications of Independence.--
            ``(1) In general.--Not later than 180 days after the end of 
        a fiscal year, the Comptroller General of the United States 
        shall make available to the public a certification relating to 
        the Center's independence from the corporation.
            ``(2) Elements.--A certification required by paragraph (1) 
        shall include the following:
                    ``(A) A finding of whether a violation of a 
                prohibition on employment of former employees or board 
                members of the corporation under subsection (f) has 
                occurred during the year preceding the certification.
                    ``(B) A finding of whether an executive or attorney 
                for the Center has had an inappropriate conflict of 
                interest during that year.
                    ``(C) A finding of whether the corporation has 
                interfered in, or attempted to influence the outcome 
                of, an investigation by the Center.
                    ``(D) Any recommendations of the Comptroller 
                General for resolving any potential risks to the 
                Center's independence from the corporation.
            ``(3) Authority of comptroller general.--
                    ``(A) In general.--The Comptroller General may take 
                such reasonable steps as, in the view of the 
                Comptroller General, are necessary to be fully informed 
                about the operations of the corporation and the Center.
                    ``(B) Specific authorities.--The Comptroller 
                General shall have--
                            ``(i) access to, and the right to make 
                        copies of, any and all nonprivileged books, 
                        records, accounts, correspondence, files, or 
                        other documents or electronic records, 
                        including emails, of officers, agents, and 
                        employees of the Center or the corporation; and
                            ``(ii) the right to interview any officer, 
                        employee, agent, or consultant of the Center or 
                        the corporation.
                    ``(C) Treatment of privileged information.--If, 
                under this subsection, the Comptroller General seeks 
                access to information contained within privileged 
                documents or materials in the possession of the Center 
                or the corporation, the Center or the corporation, as 
                the case may be, shall, to the maximum extent 
                practicable, provide the Comptroller General with the 
                information without compromising the applicable 
                privilege.''.
    (e) Additional Duties.--Section 220542 of title 36, United States 
Code, is amended--
            (1) in the section heading, by striking the period at the 
        end; and
            (2) in subsection (a)--
                    (A) in paragraph (1), by striking ``; and'' and 
                inserting a semicolon; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking 
                        clauses (i) and (ii) and inserting the 
                        following:
                            ``(i) law enforcement consistent with 
                        section 226 of the Victims of Child Abuse Act 
                        of 1990 (34 U.S.C. 20341); and
                            ``(ii) the Center, whenever such members or 
                        adults learn of facts leading them to suspect 
                        reasonably that an amateur athlete who is a 
                        minor has suffered an incident of child 
                        abuse;'';
                            (ii) by redesignating subparagraphs (B) 
                        through (F) as subparagraphs (E) through (I), 
                        respectively;
                            (iii) by inserting after subparagraph (A) 
                        the following:
                    ``(B) a requirement that the Center shall 
                immediately report to law enforcement consistent with 
                section 226 of the Victims of Child Abuse Act of 1990 
                (34 U.S.C. 20341) any allegation of child abuse of an 
                amateur athlete who is a minor, including any report of 
                such abuse submitted to the Center by a minor or by any 
                person who is not otherwise required to report such 
                abuse;
                    ``(C) 1 or more policies that prohibit any 
                individual who is an employee, contractor, or agent of 
                the Center from assisting a member or former member in 
                obtaining a new job (except for the routine 
                transmission of administrative and personnel files) if 
                the individual knows that such member or former member 
                violated the policies or procedures of the Center 
                related to sexual misconduct or was convicted of a 
                crime involving sexual misconduct with a minor in 
                violation of applicable law;
                    ``(D) a requirement that the Center, including any 
                officer, agent, attorney, or staff member of the 
                Center, shall not take any action to notify an alleged 
                perpetrator of abuse of an amateur athlete of any 
                ongoing investigation or accusation unless--
                            ``(i) the Center has reason to believe an 
                        imminent hazard will result from failing to so 
                        notify the alleged perpetrator; or
                            ``(ii) law enforcement--
                                    ``(I) authorizes the Center to take 
                                such action; or
                                    ``(II) declines or fails to act on, 
                                or fails to respond to the Center with 
                                respect to, the allegation within 72 
                                hours after the time at which the 
                                Center reports to law enforcement under 
                                subparagraph (B);'';
                            (iv) in subparagraph (F), as so 
                        redesignated, by inserting ``, including 
                        communications,'' after ``interactions'';
                            (v) by amending subparagraph (G), as so 
                        redesignated, to read as follows:
                    ``(G) procedures to prohibit retaliation by the 
                corporation or any national governing body against any 
                individual who makes--
                            ``(i) a report under subparagraph (A) or 
                        (E); or
                            ``(ii) any other report relating to abuse 
                        of any amateur athlete, including emotional, 
                        physical, and sexual abuse;'';
                            (vi) in subparagraph (H), as so 
                        redesignated, by striking ``; and'' and 
                        inserting a semicolon;
                            (vii) in subparagraph (I), as so 
                        redesignated, by striking the period at the end 
                        of clause (ii) and inserting a semicolon; and
                            (viii) by adding at the end the following:
                    ``(J) a prohibition on the use in a decision of the 
                Center under section 220541(a)(4) of any evidence 
                relating to other sexual behavior or the sexual 
                predisposition of the alleged victim, or the admission 
                of any such evidence in arbitration, unless the 
                probative value of the use or admission of such 
                evidence, as determined by the Center or the 
                arbitrator, as applicable, substantially outweighs the 
                danger of--
                            ``(i) any harm to the alleged victim; and
                            ``(ii) unfair prejudice to any party; and
                    ``(K) training for investigators on appropriate 
                methods and techniques for ensuring sensitivity toward 
                alleged victims during interviews and other 
                investigative activities.''.
    (f) Records, Audits, and Reports.--Section 220543 of title 36, 
United States Code, is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Audits and Transparency.--
            ``(1) Annual audit.--
                    ``(A) In general.--Not less frequently than 
                annually, the financial statements of the Center for 
                the preceding fiscal year shall be audited by an 
                independent auditor in accordance with generally 
                accepted accounting principles--
                            ``(i) to ensure the adequacy of the 
                        internal controls of the Center; and
                            ``(ii) to prevent waste, fraud, or misuse 
                        of funds transferred to the Center by the 
                        corporation or the national governing bodies.
                    ``(B) Location.--An audit under subparagraph (A) 
                shall be conducted at the location at which the 
                financial statements of the Center normally are kept.
                    ``(C) Report.--Not later than 180 days after the 
                date on which an audit under subparagraph (A) is 
                completed, the independent auditor shall issue an audit 
                report.
                    ``(D) Corrective action plan.--
                            ``(i) In general.--On completion of the 
                        audit report under subparagraph (C) for a 
                        fiscal year, the Center shall prepare, in a 
                        separate document, a corrective action plan 
                        that responds to any corrective action 
                        recommended by the independent auditor.
                            ``(ii) Matters to be included.--A 
                        corrective action plan under clause (i) shall 
                        include the following for each such corrective 
                        action:
                                    ``(I) The name of the person 
                                responsible for the corrective action.
                                    ``(II) A description of the planned 
                                corrective action.
                                    ``(III) The anticipated completion 
                                date of the corrective action.
                                    ``(IV) In the case of a recommended 
                                corrective action based on a finding in 
                                the audit report with which the Center 
                                disagrees, or for which the Center 
                                determines that corrective action is 
                                not required, an explanation and a 
                                specific reason for noncompliance with 
                                the recommendation.
            ``(2) Access to records and personnel.--With respect to an 
        audit under paragraph (1), the Center shall provide the 
        independent auditor access to all records, documents, and 
        personnel and financial statements of the Center necessary to 
        carry out the audit.
            ``(3) Public availability.--
                    ``(A) In general.--The Center shall make available 
                to the public on an easily accessible internet website 
                of the Center--
                            ``(i) each audit report under paragraph 
                        (1)(C);
                            ``(ii) the Internal Revenue Service Form 
                        990 of the Center for each year, filed under 
                        section 501(c) of the Internal Revenue Code of 
                        1986; and
                            ``(iii) the minutes of the quarterly 
                        meetings of the board of directors of the 
                        Center.
                    ``(B) Personally identifiable information.--An 
                audit report or the minutes made available under 
                subparagraph (A) shall not include the personally 
                identifiable information of any individual.
            ``(4) Rule of construction.--For purposes of this 
        subsection, the Center shall be considered a private entity.
    ``(c) Report.--The Center shall submit an annual report to 
Congress, including--
            ``(1) a strategic plan with respect to the manner in which 
        the Center shall fulfill its duties under sections 220541 and 
        220542;
            ``(2) a detailed description of the efforts made by the 
        Center to comply with such strategic plan during the preceding 
        year;
            ``(3) any financial statement necessary to present fairly 
        the assets, liabilities, and surplus or deficit of the Center 
        for the preceding year;
            ``(4) an analysis of the changes in the amounts of such 
        assets, liabilities, and surplus or deficit during the 
        preceding year;
            ``(5) a detailed description of Center activities, 
        including--
                    ``(A) the number and nature of misconduct 
                complaints referred to the Center;
                    ``(B) the total number and type of pending 
                misconduct complaints under investigation by the 
                Center;
                    ``(C) the number of misconduct complaints for which 
                an investigation was terminated or otherwise closed by 
                the Center; and
                    ``(D) the number of such misconduct complaints 
                reported to law enforcement agencies by the Center for 
                further investigation;
            ``(6) a detailed description of any complaint of 
        retaliation made during the preceding year by an officer or 
        employee of the Center or a contractor or subcontractor of the 
        Center that includes--
                    ``(A) the number of such complaints; and
                    ``(B) the outcome of each such complaint;
            ``(7) information relating to the educational activities 
        and trainings conducted by the office of education and outreach 
        of the Center during the preceding year, including the number 
        of educational activities and trainings developed and provided; 
        and
            ``(8) a description of the activities of the Center.
    ``(d) Definitions.--In this section--
            ``(1) `audit report' means a report by an independent 
        auditor that includes--
                    ``(A) an opinion or a disclaimer of opinion that 
                presents the assessment of the independent auditor with 
                respect to the financial records of the Center, 
                including whether such records are accurate and have 
                been maintained in accordance with generally accepted 
                accounting principles;
                    ``(B) an assessment of the internal controls used 
                by the Center that describes the scope of testing of 
                the internal controls and the results of such testing; 
                and
                    ``(C) a compliance assessment that includes an 
                opinion or a disclaimer of opinion as to whether the 
                Center has complied with the terms and conditions of 
                subsection (b); and
            ``(2) `independent auditor' means an independent certified 
        public accountant or independent licensed public accountant, 
        certified or licensed by a regulatory authority of a State or a 
        political subdivision of a State, who meets the standards 
        specified in generally accepted accounting principles.''.

SEC. 8. EXEMPTION FROM AUTOMATIC STAY IN BANKRUPTCY CASES.

    Section 362(b) of title 11, United States Code, is amended--
            (1) in paragraph (27), by striking ``and'' at the end;
            (2) in paragraph (28), by striking the period at the end 
        and inserting ``; and''; and
            (3) by inserting after paragraph (28) the following:
            ``(29) under subsection (a)(1) of this section, of any 
        action by--
                    ``(A) an amateur sports organization, as defined in 
                section 220501(b) of title 36, to replace a national 
                governing body, as defined in that section, under 
                section 220528 of that title; or
                    ``(B) the corporation, as defined in section 
                220501(b) of title 36, to revoke the recognition of a 
                national governing body, as defined in that section, 
                under section 220521 of that title.''.

SEC. 9. ENHANCED CHILD ABUSE REPORTING.

    Section 226(c)(9) of the Victims of Child Abuse Act of 1990 (34 
U.S.C. 20341(c)(9)) is amended--
            (1) by striking ``adult who is authorized'' and inserting 
        the following: ``adult who--
                    ``(A) is authorized'';
            (2) in subparagraph (A), as so designated, by inserting 
        ``or'' after the semicolon at the end; and
            (3) by adding at the end the following:
                    ``(B) is an employee or representative of the 
                United States Center for SafeSport;''.

SEC. 10. COMMISSION ON THE STATE OF U.S. OLYMPICS AND PARALYMPICS.

    (a) Establishment.--There is established within the legislative 
branch a commission, to be known as the ``Commission on the State of 
U.S. Olympics and Paralympics'' (referred to in this section as the 
``Commission'').
    (b) Composition.--
            (1) In general.--The Commission shall be composed of 16 
        members, of whom--
                    (A) 4 members shall be appointed by the chairman of 
                the Committee on Commerce, Science, and Transportation 
                of the Senate;
                    (B) 4 members shall be appointed by the ranking 
                member of the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (C) 4 members shall be appointed by the chairman of 
                the Committee on Energy and Commerce of the House of 
                Representatives; and
                    (D) 4 members shall be appointed by the ranking 
                member of the Committee on Energy and Commerce of the 
                House of Representatives.
            (2) Co-chairs.--Of the members of the Commission--
                    (A) 1 co-chair shall be designated by the chairman 
                of the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) 1 co-chair shall be designated by the chairman 
                of the Committee on Energy and Commerce of the House of 
                Representatives.
            (3) Qualifications.--
                    (A) In general.--Each member appointed to the 
                Commission shall have--
                            (i) experience in--
                                    (I) amateur or professional 
                                athletics;
                                    (II) athletic coaching;
                                    (III) public service relating to 
                                sports; or
                                    (IV) professional advocacy for 
                                increased minority participation in 
                                sports; or
                            (ii) expertise in bullying prevention and 
                        the promotion of a healthy organizational 
                        culture.
                    (B) Olympic or paralympic athletes.--Not fewer than 
                8 members appointed under paragraph (1) shall be 
                Olympic or Paralympic athletes.
    (c) Initial Meeting.--Not later than 30 days after the date on 
which the last member is appointed under paragraph (1), the Commission 
shall hold an initial meeting.
    (d) Quorum.--11 members of the Commission shall constitute a 
quorum.
    (e) No Proxy Voting.--Proxy voting by members of the Commission 
shall be prohibited.
    (f) Staff.--The co-chairs of the Commission shall appoint an 
executive director of the Commission, and such staff as appropriate, 
with compensation.
    (g) Public Hearings.--The Commission shall hold 1 or more public 
hearings.
    (h) Travel Expenses.--Members of the Commission shall serve without 
pay, but shall receive travel expenses in accordance with sections 5702 
and 5703 of title 5, United States Code.
    (i) Duties of Commission.--
            (1) Study.--
                    (A) In general.--The Commission shall conduct a 
                study on matters relating to the state of United States 
                participation in the Olympic and Paralympic Games.
                    (B) Matters studied.--The study under subparagraph 
                (A) shall include--
                            (i) a description of proposed reforms to 
                        the structure of the United States Olympic and 
                        Paralympic Committee;
                            (ii) an assessment as to whether the board 
                        of directors of the United States Olympic and 
                        Paralympic Committee includes diverse members, 
                        including athletes;
                            (iii) an assessment of United States 
                        athlete participation levels in the Olympic and 
                        Paralympic Games;
                            (iv) a description of the status of any 
                        United States Olympic and Paralympic Committee 
                        licensing arrangement;
                            (v) an assessment as to whether the United 
                        States is achieving the goals for the Olympic 
                        and Paralympic Games set by the United States 
                        Olympic and Paralympic Committee;
                            (vi) an analysis of the participation in 
                        amateur athletics of--
                                    (I) women;
                                    (II) disabled individuals; and
                                    (III) minorities;
                            (vii) a description of ongoing efforts by 
                        the United States Olympic and Paralympic 
                        Committee to recruit the Olympic and Paralympic 
                        Games to the United States;
                            (viii) an evaluation of the functions of 
                        the national governing bodies (as defined in 
                        section 220502 of title 36, United States Code) 
                        and an analysis of the responsiveness of the 
                        national governing bodies to athletes with 
                        respect to the duties of the national governing 
                        bodies under section 220524(a)(3) of title 36, 
                        United States Code; and
                            (ix) an assessment of the finances and the 
                        financial organization of the United States 
                        Olympic and Paralympic Committee.
            (2) Report.--
                    (A) In general.--Not later than 270 days after the 
                date of the enactment of this Act, the Commission shall 
                submit to Congress a report on the results of the study 
                conducted under paragraph (1), including a detailed 
                statement of findings, conclusions, recommendations, 
                and suggested policy changes.
                    (B) Public availability.--The report required by 
                subparagraph (A) shall be made available to the public 
                on an internet website of the United States Government 
                that is available to the public.
    (j) Powers of Commission.--
            (1) Subpoena authority.--The Commission may subpoena an 
        individual the testimony of whom may be relevant to the purpose 
        of the Commission.
            (2) Furnishing information.--On request by the executive 
        director of the Commission, the head of a Federal agency shall 
        furnish information to the Commission.
    (k) Termination of Commission.--The Commission shall terminate 90 
days after the date on which the Commission submits the report under 
subsection (i)(2).
    (l) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 11. PROTECTING ABUSE VICTIMS FROM RETALIATION.

    (a) Definitions.--Section 220501(b) of title 36, United States 
Code, as amended by section 6(a)(2), is further amended--
            (1) by redesignating paragraphs (8), (9), and (10) as 
        paragraphs (9), (10), and (14), respectively; and
            (2) by inserting after paragraph (7) the following:
            ``(8) `covered entity' means--
                    ``(A) an officer or employee of the Center;
                    ``(B) a coach, trainer, manager, administrator, or 
                other employee or official associated with the 
                corporation or a national governing body;
                    ``(C) the Department of Justice;
                    ``(D) a Federal or State law enforcement authority;
                    ``(E) a Federal or State entity responsible for 
                receiving reports of child abuse;
                    ``(F) the Equal Employment Opportunity Commission 
                or other State or Federal entity with responsibility 
                over claims of sexual harassment; or
                    ``(G) any other person who the protected individual 
                reasonably believes has authority to investigate or act 
                on information relating to abuse, including--
                            ``(i) emotional, physical, or sexual abuse; 
                        and
                            ``(ii) sexual harassment.''; and
            (3) by inserting after paragraph (10), as so redesignated, 
        the following:
            ``(11) `protected disclosure' means any lawful act of a 
        protected individual, or in the case of a protected individual 
        who is a minor, an individual acting on behalf of a protected 
        individual--
                    ``(A) to provide information to, cause information 
                to be provided to, or otherwise assist in an 
                investigation by a covered entity (or to be perceived 
                as providing information to, causing information to be 
                provided to, or otherwise assisting in such an 
                investigation) relating to abuse, including--
                            ``(i) emotional, physical, or sexual abuse;
                            ``(ii) sexual harassment; and
                            ``(iii) a violation of anti-abuse policies, 
                        practices, and procedures established pursuant 
                        to paragraph (3) of section 220541(a) and 
                        paragraph (2) of section 220542(a);
                    ``(B) to file, cause to be filed, testify, 
                participate in, or otherwise assist in a proceeding 
                filed or about to be filed (or be perceived as filing, 
                causing to be filed, testifying, participating in, or 
                otherwise assisting in such an investigation) relating 
                to abuse, including--
                            ``(i) emotional, physical, or sexual abuse;
                            ``(ii) sexual harassment; and
                            ``(iii) a violation of anti-abuse policies 
                        and procedures established pursuant to 
                        paragraph (3) of section 220541(a) and 
                        paragraph (2) of section 220542(a);
                    ``(C) in communication with Congress; or
                    ``(D) in the case of an amateur athlete, in 
                communication with the Office of the Athlete Ombudsman.
            ``(12) `protected individual' means any--
                    ``(A) amateur athlete, coach, medical professional, 
                or trainer associated with the corporation or a 
                national governing body; or
                    ``(B) any official or employee of the corporation, 
                a national governing body, or a contractor or 
                subcontractor of the corporation or a national 
                governing body.
            ``(13) `retaliation' means any adverse or discriminatory 
        action, or the threat of an adverse or discriminatory action, 
        carried out against a protected individual because of any 
        protected disclosure, including--
                    ``(A) discipline;
                    ``(B) discrimination regarding pay, terms, or 
                privileges;
                    ``(C) removal from a training facility;
                    ``(D) reduced coaching or training;
                    ``(E) reduced meals or housing; and
                    ``(F) removal from competition.''.
    (b) Resolution of Disputes.--Section 220509 of title 36, United 
States Code, is amended--
            (1) in subsection (a), in the first sentence, by inserting 
        ``complaints of retaliation or'' after ``relating to''; and
            (2) by adding at the end the following:
    ``(c) Retaliation.--
            ``(1) In general.--The corporation, the national governing 
        bodies, or any officer, employee, contractor, subcontractor, or 
        agent of the corporation or a national governing body may not 
        retaliate against any protected individual because of any 
        protected disclosure.
            ``(2) Reporting, investigation, and arbitration.--The 
        corporation shall establish mechanisms for the reporting, 
        investigation, and resolution (through binding third-party 
        arbitration) of complaints of alleged retaliation.
            ``(3) Disciplinary action.--If the corporation finds that 
        an officer or employee of the corporation or a national 
        governing body (or any contractor, subcontractor, or agent of 
        the corporation or a national governing body) has retaliated 
        against a protected individual, the corporation or national 
        governing body, as applicable, shall take appropriate 
        disciplinary action with respect to any such individual found 
        to have retaliated against the protected individual.
            ``(4) Remedies.--
                    ``(A) In general.--If the corporation finds that an 
                officer or employee of the corporation or a national 
                governing body (or any contractor, subcontractor, or 
                agent of the corporation or a national governing body) 
                has retaliated against a protected individual, the 
                corporation or national governing body, as applicable, 
                shall promptly--
                            ``(i) take affirmative action to abate the 
                        violation;
                            ``(ii) reinstate the complainant to the 
                        former position with the same pay and terms and 
                        privileges; and
                            ``(iii) pay compensatory damages, including 
                        economic damages (including backpay with 
                        interest) and any special damages sustained as 
                        a result of the retaliation, including damages 
                        for pain and suffering, reasonable attorney 
                        fees, and costs.
                    ``(B) Reimbursement from national governing body.--
                In the case of a national governing body found to have 
                retaliated against a protected individual, the 
                corporation may demand reimbursement from the national 
                governing body for damages paid by the corporation 
                under subparagraph (A).
            ``(5) Enforcement action and procedures.--
                    ``(A) In general.--If the corporation has not 
                issued a final decision within 180 days of the filing 
                of the complaint and there is no showing that such 
                delay is due to the bad faith of the complainant, the 
                complainant may bring an action at law or equity for de 
                novo review in the appropriate district court of the 
                United States, which shall have jurisdiction over such 
                an action without regard to the amount in controversy.
                    ``(B) Jury trial.--A party to an action brought 
                under paragraph (A) shall be entitled to trial by jury.
                    ``(C) Relief.--The court shall have jurisdiction to 
                grant all relief under paragraph (4).
            ``(6) Statute of limitations.--An action under paragraph 
        (2) shall be commenced not later than 2 years after the date on 
        which the violation occurs, or after the date on which the 
        protected individual became aware of the violation.
            ``(7) Burdens of proof.-- An action under paragraph (2) or 
        (5) shall be governed as follows:
                    ``(A) Required showing by complainant.--The 
                corporation shall dismiss a complaint filed under this 
                subsection and shall not conduct an investigation 
                unless the complainant makes a prima facie showing that 
                any retaliation was a contributing factor in the action 
                alleged in the complaint.
                    ``(B) Criteria for determination by the 
                arbitration.--The arbitration may determine that a 
                violation of paragraph (1) has occurred only if the 
                complainant demonstrates that the retaliation was a 
                contributing factor in the action alleged in the 
                complaint.
                    ``(C) Prohibition.--Relief may not be ordered under 
                paragraph (4) if the corporation or national governing 
                body, as applicable, demonstrates by clear and 
                convincing evidence that the corporation or national 
                governing body would have taken the same action in the 
                absence of that behavior.
            ``(8) Review.--Any person adversely affected or aggrieved 
        by an order issued under paragraph (4) may obtain review of the 
        order in the United States Court of Appeals for the circuit in 
        which the violation, with respect to which the order was 
        issued, allegedly occurred or the circuit in which the 
        complainant resided on the date of such violation. The petition 
        for review shall be filed not later than 60 days after the date 
        of the issuance of the arbitration decision of the corporation. 
        Review shall conform to chapter 7 of title 5, United States 
        Code. The commencement of proceedings under this paragraph 
        shall not, unless ordered by the court, operate as a stay of 
        the order.
            ``(9) Rights retained.--Nothing in this subsection shall be 
        deemed to diminish the rights, privileges, or remedies of any 
        employee or other individual under any Federal or State law, or 
        under any collective bargaining agreement.
            ``(10) Nonenforceability of certain provisions waiving 
        rights and remedies.--The rights and remedies provided for in 
        this subsection may not be waived by any agreement, policy 
        form, or condition of employment or association with the 
        corporation or a national governing body.''.
    (c) Eligibility Requirements for National Governing Bodies.--
Section 220522 of title 36, United States Code, as amended by section 
6(b), is further amended--
            (1) in clause (ii) of paragraph (17)(C), by striking ``; 
        and'' and inserting a semicolon;
            (2) in paragraph (18), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(19) provides protection from retaliation to protected 
        individuals.''.

SEC. 12. SEVERABILITY.

    If any provision of this Act, or an amendment made by this Act, is 
determined to be unenforceable or invalid, the remaining provisions of 
this Act and the amendments made by this Act shall not be affected.
                                                       Calendar No. 503

116th CONGRESS

  2d Session

                                S. 2330

                          [Report No. 116-245]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             July 29, 2020

                       Reported with an amendment
```