II 

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. 


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

3 SECTION 1. SHORT TITLE. 

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

5 and Amateur Athletes Act of 2019’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

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

9 to action to end emotional, physical, and sexual 

10 abuse in the Olympic and Paralympic movement. 

11 (2) Larry Nassar, the former national team 

12 doctor for USA Gymnastics, sexually abused over 

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

15 States Olympic Committee. 

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

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

20 survivors of abuse in the Olympic and Paralympic 

21 movement deserve justice and redress for the wrongs 

22 the survivors have suffered. 

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

25 survivors, former and current organization officials, 


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1 law enforcement, and advocates, Congress found 

2 that the United States Olympic Committee and USA 

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

6 abuse. 

7 (6) USA Gymnastics and the United States 

8 Olympic Committee knowingly concealed abuse by 

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

13 (7) Ending abuse in the Olympic and 

14 Paralympic movement requires enhanced oversight 

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

17 voice and safety. 

18 SEC. 3. UNITED STATES OLYMPIC AND PARALYMPIC COM19 MITTEE. 

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

21 States Code, is amended— 

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

23 ‘‘United States Olympic Committee’’ and inserting 

24 ‘‘United States Olympic and Paralympic Com25 mittee’’; 


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1 (2) in section 220502, by amending subsection 

2 (c) to read as follows: 

3 ‘‘(c) REFERENCES TO UNITED STATES OLYMPIC AS4 SOCIATION AND UNITED STATES OLYMPIC COMMITTEE.— 

5 Any reference to the United States Olympic Association 

6 or the United States Olympic Committee is deemed to 

7 refer to the United States Olympic and Paralympic Com8 mittee.’’; 

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

10 States Olympic Committee’’ and inserting ‘‘United 

11 States Olympic and Paralympic Committee’’; and 

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

13 States Olympic Committee’’ each place it appears 

14 and inserting ‘‘United States Olympic and 

15 Paralympic Committee’’. 

16 (b) CONFORMING AMENDMENT.—The table of chap17 ters for part B of subtitle II of title 36, United States 

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

19 2205 and inserting the following: 

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

20 SEC. 4. CONGRESSIONAL OVERSIGHT OF UNITED STATES 

21 OLYMPIC AND PARALYMPIC COMMITTEE AND 

22 NATIONAL GOVERNING BODIES. 

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

24 States Code, is amended— 


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1 (1) by redesignating the second subchapter des2 ignated as subchapter III (relating to the United 

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

4 202 of the Protecting Young Victims from Sexual 

5 Abuse and Safe Sport Authorization Act of 2017 

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

7 IV; and 

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

9 ‘‘SUBCHAPTER V—DISSOLUTION OF BOARD OF 

10 DIRECTORS OF CORPORATION AND TERMI11 NATION OF RECOGNITION OF NATIONAL 

12 GOVERNING BODIES 

13 ‘‘§ 220551. Definitions 

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

15 a joint resolution— 

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

17 ‘‘(2) for which— 

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

19 resolution to dissolve the board of directors of 

20 the United States Olympic and Paralympic 

21 Committee’; and 

22 ‘‘(ii) the matter after the resolving 

23 clause— 

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

25 finds that dissolving the board of directors 


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1 of the United States Olympic and 

2 Paralympic Committee would not unduly 

3 interfere with the operations of chapter 

4 2205 of title 36, United States Code’; and 

5 ‘‘(II) prescribes adequate procedures 

6 for forming a board of directors of the cor7 poration with all reasonable expediency 

8 and in a manner that safeguards the vot9 ing power of the representatives of ama10 teur athletes at all times; or 

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

12 resolution relating to terminating the recogni13 tion of a national governing body’; and 

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

15 is only as follows: ‘That Congress determines 

16 that lllllllll, which is recognized 

17 as a national governing body under section 

18 220521 of title 36, United States Code, has 

19 failed to fulfill its duties, as described in section 

20 220524 of title 36, United States Code’, the 

21 blank space being filled in with the name of the 

22 applicable national governing body. 


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1 ‘‘§ 220552. Dissolution of board of directors of cor2 poration and termination of recognition 

3 of national governing bodies 

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

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

6 joint resolution described in section 220551(2)(A) with re7 spect to the board of directors of the corporation, such 

8 board of directors shall be dissolved. 

9 ‘‘(b) TERMINATION OF RECOGNITION OF NATIONAL

10 GOVERNING BODY.—Effective on the date of enactment 

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

12 with respect to a national governing body, the recognition 

13 of the applicable amateur sports organization as a national 

14 governing body shall cease to have force or effect. 

15 ‘‘§ 220553. Joint resolution 

16 ‘‘(a) REFERRAL AND REPORTING.— 

17 ‘‘(1) HOUSE OF REPRESENTATIVES.— 

18 ‘‘(A) IN GENERAL.—In the House of Rep19 resentatives, a joint resolution shall be referred 

20 to the Committee on Energy and Commerce. 

21 ‘‘(B) DISCHARGE.—The Committee on En22 ergy and Commerce shall be discharged from 

23 further consideration of a joint resolution and 

24 the joint resolution shall be referred to the ap25 propriate calendar on the date on which not less 

26 than three-fifths of the Members of the House 


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1 of Representatives, duly chosen and sworn, are 

2 listed as cosponsors of the joint resolution. 

3 ‘‘(C) LIMITATION ON CONSIDERATION.— 

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

5 not be in order for the House of Representa6 tives to consider a joint resolution unless— 

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

8 the Committee on Energy and Commerce; 

9 or 

10 ‘‘(ii) the Committee on Energy and 

11 Commerce is discharged from further con12 sideration of the joint resolution under 

13 subparagraph (B). 

14 ‘‘(2) SENATE.— 

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

16 resolution shall be referred to the Committee on 

17 Commerce, Science, and Transportation. 

18 ‘‘(B) DISCHARGE.—The Committee on 

19 Commerce, Science, and Transportation shall 

20 be discharged from further consideration of the 

21 joint resolution and the joint resolution shall be 

22 referred to the appropriate calendar on the date 

23 on which not less than three-fifths of the Mem24 bers of the Senate, duly chosen and sworn, are 

25 listed as cosponsors of the joint resolution. 


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1 ‘‘(C) LIMITATION ON CONSIDERATION.— 

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

3 not be in order for the Senate to consider a 

4 joint resolution unless— 

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

6 the Committee on Commerce, Science, and 

7 Transportation; or 

8 ‘‘(ii) the Committee on Commerce, 

9 Science, and Transportation is discharged 

10 from further consideration of the joint res11 olution under subparagraph (B). 

12 ‘‘(b) EXPEDITED CONSIDERATION IN HOUSE OF

13 REPRESENTATIVES.— 

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

15 the Committee on Energy and Commerce reports a 

16 joint resolution to the House of Representatives or 

17 has been discharged from its consideration in ac18 cordance with subsection (a)(1)(B), it shall be in 

19 order to move to proceed to consider the joint reso20 lution in the House of Representatives. All points of 

21 order against the motion are waived. Such a motion 

22 shall not be in order after the House of Representa23 tives has disposed of a motion to proceed on a joint 

24 resolution. The previous question shall be considered 

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1 tervening motion. The motion is highly privileged in 

2 the House of Representatives and is not debatable. 

3 A motion to reconsider the vote by which the motion 

4 is disposed of shall not be in order. 

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

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

7 joint resolution and against its consideration are 

8 waived. The previous question shall be considered as 

9 ordered on the joint resolution to its final passage 

10 without intervening motion except 2 hours of debate 

11 equally divided and controlled by the proponent and 

12 an opponent. A motion to reconsider the vote on 

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

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

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

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

17 the Committee on Commerce, Science, and Trans18 portation reports a joint resolution to the Senate or 

19 has been discharged from its consideration in ac20 cordance with subsection (a)(2)(B), it shall be in 

21 order for any Member of the Senate to move to pro22 ceed to the consideration of the joint resolution. A 

23 motion to proceed is in order even though a previous 

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

25 motion to proceed is not debatable. The motion is 


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1 not subject to a motion to postpone. A motion to re2 consider the vote by which the motion is agreed to 

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

4 proceed to the consideration of the joint resolution 

5 is agreed to, the joint resolution shall remain the un6 finished business until disposed of. 

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

8 resolution, and on all debatable motions and appeals 

9 in connection therewith, shall be limited to not more 

10 than 10 hours, which shall be divided equally be11 tween the Majority and Minority Leaders or their 

12 designees. A motion further to limit debate is in 

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

14 motion to proceed to the consideration of other busi15 ness, or a motion to recommit the joint resolution is 

16 not in order. Any debatable motion is debatable for 

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

18 those favoring and those opposing the motion. All 

19 time used for consideration of the joint resolution, 

20 including time used for quorum calls and voting, 

21 shall be counted against the total 10 hours of con22 sideration. 

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

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

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1 diately following the conclusion of consideration of 

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

3 conclusion of the consideration if requested in ac4 cordance with the rules of the Senate. 

5 ‘‘(4) RULINGS OF THE CHAIR ON PROCE6 DURE.—Appeals from the decisions of the Chair re7 lating to the application of the rules of the Senate 

8 to the procedure relating to a joint resolution shall 

9 be decided without debate. 

10 ‘‘(d) AMENDMENTS NOT IN ORDER.—A joint resolu11 tion shall not be subject to amendment in either the House 

12 of Representatives or the Senate. 

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

14 HOUSE.— 

15 ‘‘(1) TREATMENT OF JOINT RESOLUTION OF

16 OTHER HOUSE.— 

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

18 House of Representatives fails to introduce or 

19 consider a joint resolution under this section, 

20 the joint resolution of the other House— 

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

22 procedures described under this section; 

23 and 

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

25 chamber or may be held at the desk. 


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

2 resolution referred to a committee under sub3 paragraph (A)(ii) is cosponsored by not less 

4 than three-fifths of the Members of the origi5 nating House, duly chosen and sworn, the com6 mittee shall report the joint resolution not later 

7 than 20 days after the date on which the joint 

8 resolution is referred to the committee. 

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

10 resolution, debate on a veto message in the Senate 

11 under this section shall be 1 hour equally divided be12 tween the Majority and Minority leaders or their 

13 designees. 

14 ‘‘(f) RULEMAKING FUNCTION.—This section is en15 acted by Congress— 

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

17 the Senate and House of Representatives, respec18 tively, and as such it is deemed a part of the rules 

19 of each House, respectively, but applicable only with 

20 respect to the procedure to be followed in that 

21 House in the case of a joint resolution, and it super22 sedes other rules only to the extent that it is incon23 sistent with such rules; and 

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

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


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

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

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

4 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

6 States Code, is amended— 

7 (1) by striking the second item relating to sub8 chapter III (relating to the United States Center for 

9 Safe Sport), as added by section 202 of the Pro10 tecting Young Victims from Sexual Abuse and Safe 

11 Sport Authorization Act of 2017 (Public Law 115– 

12 126; 132 Stat. 320) and inserting the following: 

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

13 (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.’’. 

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

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

16 after the date of the enactment of this Act. 

17 SEC. 5. MODIFICATIONS TO UNITED STATES OLYMPIC AND 

18 PARALYMPIC COMMITTEE. 

19 (a) PURPOSES OF THE CORPORATION.—Section 

20 220503 of title 36, United States Code, is amended— 


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

2 inserting a semicolon; 

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

4 the end and inserting ‘‘; and’’; and 

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

6 ‘‘(16) to exercise effective oversight of the na7 tional governing bodies with respect to the establish8 ment of a safe environment in sports that is free 

9 from abuse, including emotional, physical, and sex10 ual abuse, of any amateur athlete.’’. 

11 (b) REPRESENTATION OF AMATEUR ATHLETES.— 

12 Section 220504 of title 36, United States Code, is amend13 ed— 

14 (1) in subsection (b)(2)— 

15 (A) in the matter preceding subparagraph 

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

17 years’’; 

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

19 and’’ and inserting a semicolon; 

20 (C) in subparagraph (B)— 

21 (i) by striking ‘‘20 percent’’ and inserting ‘‘1 22 ⁄3’’; and 

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

24 empowered to resolve grievances’’ before 

25 the semicolon; 


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1 (D) by redesignating subparagraph (B) as 

2 subparagraph (D); and 

3 (E) by inserting after subparagraph (A) 

4 the following: 

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

6 Advisory Council holds voting power on the 

7 board of directors of the corporation and in the 

8 committees and entities of the corporation; 

‘‘(C) require that 1 9 ⁄3 of the membership of 

10 the board of directors of the corporation shall 

11 be composed of, and elected by, such amateur 

12 athletes; and’’; and 

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

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

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

16 shall not be employed by the Center during the 2-year pe17 riod beginning on the date on which the amateur athlete 

18 ceases such representation.’’. 

19 (c) DUTY OF CARE.— 

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

21 United States Code, is amended— 

22 (A) in the section heading, by striking 

23 ‘‘Powers’’ and inserting ‘‘Powers and 

24 duty of care’’; and 

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


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1 ‘‘(d) DUTY OF CARE.— 

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

3 amateur athletes a duty of care— 

4 ‘‘(A) to ensure that each national gov5 erning body and paralympic sports organization 

6 complies with the oversight practices, policies, 

7 and procedures developed under paragraph (3) 

8 of section 220541(a); 

9 ‘‘(B) to immediately report to law enforce10 ment any allegation of child abuse of an ama11 teur athlete who is a minor; 

12 ‘‘(C) to ensure that each national gov13 erning body and paralympic sports organization 

14 has in place policies and procedures to report 

15 immediately any allegation of child abuse of an 

16 amateur athlete, consistent with— 

17 ‘‘(i) the polices and procedures devel18 oped under paragraph (3) of section 

19 220541(a); and 

20 ‘‘(ii) the requirement described in 

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

22 and 

23 ‘‘(D) to ensure that each national gov24 erning body and paralympic sports organiza25 tions enforces temporary measures and sancVerDate Sep 11 2014 23:34 Jul 29, 2020 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6401 E:\BILLS\S2330.RS S2330

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1 tions issued pursuant to the authority of the 

2 Center. 

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

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

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

7 (2) CONFORMING AMENDMENT.—The table of 

8 sections for chapter 2205 of title 36, United States 

9 Code, is amended by striking the item relating to 

10 section 220505 and inserting the following: 

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

11 (d) POLICY WITH RESPECT TO ASSISTING MEMBER

12 OR FORMER MEMBER TO OBTAIN NEW JOBS.—Section 

13 220507 of title 36, United States Code, is amended by 

14 adding at the end the following: 

15 ‘‘(c) POLICY WITH RESPECT TO ASSISTING MEM16 BERS OR FORMER MEMBERS IN OBTAINING NEW JOBS.— 

17 The corporation shall develop one or more policies that 

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

19 or an agent of the corporation from assisting a member 

20 or former member in obtaining a new job, except the rou21 tine transmission of administrative and personnel files, if 

22 the individual knows that such member or former member 

23 engaged in sexual misconduct regarding a minor in viola24 tion of the law.’’. 


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

2 title 36, United States Code, is amended— 

3 (1) in the subsection heading, by striking ‘‘OM4 BUDSMAN’’ and inserting ‘‘OFFICE OF THE OM5 BUDSMAN’’; 

6 (2) in paragraph (2)— 

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

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

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

10 and inserting the following: 

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

13 ‘‘(A) HIRING PROCEDURES.—The proce14 dure’’; 

15 (C) in subparagraph (B)— 

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

17 to ems to the right; and 

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

19 and inserting the following: 

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

21 and 

22 (D) in the undesignated matter following 

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

24 there is’’ and inserting the following: 

25 ‘‘(B) VACANCY.—If there is’’; 


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1 (3) by redesignating paragraph (2) as para2 graph (3); 

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

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

5 and all that follows through ‘‘who shall—’’ and in6 serting the following: 

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

8 and provide salary, benefits, and administrative ex9 penses for an ombudsman and support staff for ath10 letes. 

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

12 (5) in paragraph (2), as so designated by para13 graph (4)— 

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

15 and’’ and inserting a semicolon; 

16 (B) by redesignating subparagraph (C) as 

17 subparagraph (D); and 

18 (C) by inserting after subparagraph (B) 

19 the following: 

20 ‘‘(C) provide independent advice to report21 ing parties with respect to— 

22 ‘‘(i) the role, responsibility, and au23 thority of the Center; 

24 ‘‘(ii) the relative merits of engaging 

25 legal counsel; and 


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1 ‘‘(iii) the factual allegations that may 

2 support the ability of the Center to pursue 

3 a claim of abuse; and’’; and 

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

6 ‘‘(4) CONFIDENTIALITY.— 

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

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

10 or provided to the ombudsman in any matter 

11 involving the exercise of the official duties of 

12 the ombudsman. 

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

14 disclose information described in subparagraph 

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

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

19 ‘‘(i) IN GENERAL.—The ombudsman 

20 shall not be compelled to testify or produce 

21 evidence in any judicial or administrative 

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

24 ombudsman. 


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

3 of the office of the ombudsman— 

4 ‘‘(I) shall be confidential; and 

5 ‘‘(II) shall not be— 

6 ‘‘(aa) subject to discovery, 

7 subpoena, or any other means of 

8 legal compulsion; or 

9 ‘‘(bb) admissible as evidence 

10 in a judicial or administrative 

11 proceeding. 

12 ‘‘(D) APPLICABILITY.—The confidentiality 

13 requirements under this paragraph shall not 

14 apply to information relating to— 

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

17 ‘‘(ii) a felony personally witnessed by 

18 a member of the office of the ombudsman; 

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

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

22 or 

23 ‘‘(iv) a congressional subpoena. 

24 ‘‘(5) PROHIBITION ON RETALIATION.—An em25 ployee or a member of the corporation who has auVerDate Sep 11 2014 23:34 Jul 29, 2020 Jkt 099200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6401 E:\BILLS\S2330.RS S2330

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

2 approve any personnel action, shall not, with respect 

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

5 for disclosing information to the ombudsman or 

6 seeking assistance in mediation. 

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

9 any other member or employee of the corporation 

10 shall not prevent or prohibit the ombudsman from 

11 carrying out any duty or responsibility under this 

12 section.’’. 

13 (f) REPORTS AND AUDITS.— 

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

15 United States Code, is amended— 

16 (A) in the section heading, by striking 

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

19 (B) in subsection (a)— 

20 (i) in the matter preceding paragraph 

21 (1)— 

22 (I) by striking ‘‘every fourth 

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

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


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1 (ii) by striking paragraph (1); 

2 (iii) by redesignating paragraphs (2), 

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

4 (3), respectively; 

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

7 and inserting ‘‘such calendar year’’; 

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

10 semicolon; 

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

13 and inserting a semicolon; and 

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

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

17 filed against the corporation, including any dispute 

18 initiated under this chapter; and 

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

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

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

22 ‘‘(c) AUDIT.— 

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

24 annually, the financial statements of the corporation 

25 for the preceding fiscal year shall be audited in acVerDate Sep 11 2014 23:34 Jul 29, 2020 Jkt 099200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6401 E:\BILLS\S2330.RS S2330

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1 cordance with generally accepted auditing standards 

2 by— 

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

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

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

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

11 financial statements of the corporation normally are 

12 kept. 

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

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

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

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

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

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

22 ‘‘(4) REPORT.— 

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

24 days after the end of the fiscal year for which 

25 an audit is carried out, the auditor shall submit 


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1 a report on the audit to the Committee on 

2 Commerce, Science, and Transportation of the 

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

5 chair of the Athletes’ Advisory Council. 

6 ‘‘(B) MATTERS TO BE INCLUDED.—Each 

7 report under subparagraph (A) shall include the 

8 following for the applicable fiscal year: 

9 ‘‘(i) Any statement necessary to 

10 present fairly the assets, liabilities, and 

11 surplus or deficit of the corporation. 

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

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

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

19 endeavor. 

20 ‘‘(iv) A detailed statement of the 

21 amounts spent on stipends and services for 

22 athletes. 

23 ‘‘(v) A detailed statement of the 

24 amounts allocated to the national gov25 erning bodies. 


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1 ‘‘(vi) Such comments and information 

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

4 and condition of the corporation. 

5 ‘‘(vii) Recommendations relating to 

6 the financial operations and condition of 

7 the corporation. 

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

10 except as part of proceedings authorized to be 

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

12 (2) CONFORMING AMENDMENT.—The table of 

13 sections for chapter 2205 of title 36, United States 

14 Code, is amended by striking the item relating to 

15 section 220511 and inserting the following: 

‘‘220511. Reports and audits.’’. 

16 SEC. 6. MODIFICATIONS TO NATIONAL GOVERNING BODIES. 

17 (a) CORPORATION RESPONSIBLE FOR OBLIGATIONS

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

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

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

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

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

24 corporation shall review’’. 


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1 (b) ELIGIBILITY REQUIREMENTS WITH RESPECT TO

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

3 United States Code, is amended— 

4 (1) by redesignating paragraphs (10) through 

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

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

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

10 States are as objective as possible;’’; 

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

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

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

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

18 governing boards have established criteria and 

19 election procedures for, and maintain among 

20 their voting members, individuals who— 

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

22 and 

23 ‘‘(ii) are actively engaged in amateur 

24 athletic competition in the sport for which 

25 recognition is sought; 


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

2 such organization has been approved by— 

3 ‘‘(i) the corporation; and 

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

5 and 

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

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

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

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

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

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

14 and 

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

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

18 (c) GENERAL DUTIES OF NATIONAL GOVERNING

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

20 is amended— 

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

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

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

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


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

2 and inserting a semicolon; 

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

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

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

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

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

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

12 that such member or former member engaged in 

13 sexual misconduct regarding a minor in violation of 

14 the law; 

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

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

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

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

21 authority of the Center; 

22 ‘‘(13) immediately report to law enforcement 

23 any allegation of child abuse of an amateur athlete 

24 who is a minor; and 


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

2 report immediately any allegation of child abuse of 

3 an amateur athlete, consistent with— 

4 ‘‘(A) the policies and procedures developed 

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

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

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

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

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

12 law or the common law.’’. 

13 (d) ENSURE LIMITATIONS ON COMMUNICATIONS ARE

14 INCLUDED IN LIMITATIONS ON INTERACTIONS.—Section 

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

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

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

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

19 all that follows through the period at the end and 

20 inserting the following: ‘‘makes— 

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

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

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


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1 SEC. 7. MODIFICATIONS TO UNITED STATES CENTER FOR 

2 SAFE SPORT. 

3 (a) LIST OF BARRED INDIVIDUALS.—Section 

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

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

6 inserting a semicolon; 

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

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

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

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

11 internet website that contains a comprehensive list 

12 of individuals who are barred from the corporation 

13 or a national governing body.’’. 

14 (b) DEFINITION OF APPLICABLE ENTITY.—Section 

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

17 (1) by redesignating subparagraphs (B) 

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

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

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

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

24 ‘‘(B) the corporation;’’. 


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

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

3 the following: 

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

6 shall— 

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

9 children, adolescents, adults, and mentally disabled 

10 individuals; and 

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

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

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

16 ‘‘(f) INDEPENDENCE.— 

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

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

21 on which the former employee or board member 

22 ceases employment with the corporation or national 

23 governing body. 

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

25 or counsel for the Center shall be considered to have 


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1 an inappropriate conflict of interest if the executive 

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

4 ‘‘(3) INVESTIGATIONS.— 

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

6 the national governing bodies shall not interfere 

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

8 investigation. 

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

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

11 investigation, not later than 72 hours after such 

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

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

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

19 further amended by adding at the end the following: 

20 ‘‘(g) FUNDING.— 

21 ‘‘(1) MANDATORY PAYMENTS.— 

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

23 30 days after the date of the enactment of this 

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


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1 for operating costs of the Center for fiscal year 

2 2019. 

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

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

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

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

10 one or more national governing bodies to make a 

11 mandatory payment required by paragraph (1). 

12 ‘‘(3) FAILURE TO COMPLY.— 

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

14 lawsuit to compel payment under paragraph 

15 (1). 

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

17 incomplete payment of a mandatory payment 

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

21 $20,000.’’. 

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

23 36, United States Code, is amended— 

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


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1 (2) in subsection (a)— 

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

3 and inserting a semicolon; and 

4 (B) in paragraph (2)— 

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

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

8 ‘‘(i) law enforcement consistent with 

9 section 226 of the Victims of Child Abuse 

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

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

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

16 (ii) by redesignating subparagraphs 

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

18 through (I), respectively; 

19 (iii) by inserting after subparagraph 

20 (A) the following: 

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

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

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


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1 is a minor, including any report of such abuse 

2 submitted to the Center by a minor or by any 

3 person who is not otherwise required to report 

4 such abuse; 

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

6 individual who is a Center employee, contractor, 

7 or agent from assisting a member or former 

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

11 member or former member engaged in sexual 

12 misconduct regarding a minor in violation of 

13 the law; 

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

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

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

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

21 Center has reason to believe an imminent 

22 hazard will result from failing to so notify 

23 the alleged perpetrator; and 

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

25 date on which law enforcement— 


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1 ‘‘(I) authorizes the Center to 

2 take such action; or 

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

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

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

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

11 so redesignated, to read as follows: 

12 ‘‘(G) procedures to prohibit retaliation by 

13 any national governing body or paralympic 

14 sports organization against any individual who 

15 makes— 

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

17 or (E); or 

18 ‘‘(ii) any other report relating to 

19 abuse of any amateur athlete, including 

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

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

23 a semicolon; 

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


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1 of clause (ii) and inserting a semicolon; 

2 and 

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

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

6 or a resolution of the Center under section 

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

8 sexual behavior or the sexual predisposition of 

9 the alleged victim, or the admission of any such 

10 evidence in arbitration, unless the probative 

11 value of the use or admission of such evidence, 

12 as determined by the Director or the arbitrator, 

13 as applicable, substantially outweighs the dan14 ger of— 

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

16 and 

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

18 and 

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

22 and other investigative activities.’’. 

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

24 States Code, is amended— 


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

2 inserting a semicolon; 

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

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

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

9 sections 220541 and 220542; 

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

11 by the Center to comply with such strategic plan 

12 during the preceding year; 

13 ‘‘(4) any financial statement necessary to 

14 present fairly the assets, liabilities, and surplus or 

15 deficit of the Center for the preceding year; 

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

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

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

22 and results of such report or investigation; 

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

24 and training conducted by the office of education 


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1 and outreach of the Center during the preceding 

2 year; and’’. 

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

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

6 amended— 

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

8 end; 

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

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

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

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

14 any action by— 

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

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

18 that section, under section 220528 of that title; 

19 or 

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

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

22 of a national governing body, as defined in that 

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


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1 SECTION 1. SHORT TITLE. 

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

3 and Amateur Athletes Act of 2019’’. 

4 SEC. 2. FINDINGS. 

5 Congress makes the following findings: 

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

7 action to end emotional, physical, and sexual abuse 

8 in the Olympic and Paralympic movement. 

9 (2) Larry Nassar, the former national team doc10 tor for USA Gymnastics, sexually abused over 300 

11 athletes for over two decades because of ineffective 

12 oversight by USA Gymnastics and the United States 

13 Olympic Committee. 

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

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

18 survivors of abuse in the Olympic and Paralympic 

19 movement deserve justice and redress for the wrongs 

20 the survivors have suffered. 

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

23 survivors, former and current organization officials, 

24 law enforcement, and advocates, Congress found that 

25 the United States Olympic Committee and USA 

26 Gymnastics fundamentally failed to uphold their exVerDate Sep 11 2014 23:34 Jul 29, 2020 Jkt 099200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6203 E:\BILLS\S2330.RS S2330

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1 isting statutory purposes and duty to protect amateur 

2 athletes from sexual, emotional, or physical abuse. 

3 (6) USA Gymnastics and the United States 

4 Olympic Committee knowingly concealed abuse by 

5 Larry Nassar, leading to the abuse of dozens of addi6 tional amateur athletes during the period beginning 

7 in the summer of 2015 and ending in September 

8 2016. 

9 (7) Ending abuse in the Olympic and 

10 Paralympic movement requires enhanced oversight to 

11 ensure that the Olympic and Paralympic movement 

12 does more to serve athletes and protect their voice and 

13 safety. 

14 SEC. 3. UNITED STATES OLYMPIC AND PARALYMPIC COM15 MITTEE. 

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

17 States Code, is amended— 

18 (1) in the chapter heading, by striking 

19 ‘‘UNITED STATES OLYMPIC COM20 MITTEE’’ and inserting ‘‘UNITED STATES 

21 OLYMPIC AND PARALYMPIC COM22 MITTEE’’; 

23 (2) in section 220501(b)(6), by striking ‘‘United 

24 States Olympic Committee’’ and inserting ‘‘United 

25 States Olympic and Paralympic Committee’’; 


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1 (3) in section 220502, by amending subsection 

2 (c) to read as follows: 

3 ‘‘(c) REFERENCES TO UNITED STATES OLYMPIC ASSO4 CIATION AND UNITED STATES OLYMPIC COMMITTEE.—Any 

5 reference to the United States Olympic Association or the 

6 United States Olympic Committee is deemed to refer to the 

7 United States Olympic and Paralympic Committee.’’; 

8 (4) in section 220506(a), by striking ‘‘United 

9 States Olympic Committee’’ and inserting ‘‘United 

10 States Olympic and Paralympic Committee’’; and 

11 (5) in section 220531, by striking ‘‘United States 

12 Olympic Committee’’ each place it appears and in13 serting ‘‘United States Olympic and Paralympic 

14 Committee’’. 

15 (b) CONFORMING AMENDMENTS.—The table of chapters 

16 for part B of subtitle II of title 36, United States Code, 

17 is amended by striking the item relating to chapter 2205 

18 and inserting the following: 

‘‘2205. United States Olympic and Paralympic 

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

19 SEC. 4. CONGRESSIONAL OVERSIGHT OF UNITED STATES 

20 OLYMPIC AND PARALYMPIC COMMITTEE AND 

21 NATIONAL GOVERNING BODIES. 

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

23 States Code, is amended— 


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1 (1) by redesignating the second subchapter des2 ignated as subchapter III (relating to the United 

3 States Center for SafeSport), as added by section 202 

4 of the Protecting Young Victims from Sexual Abuse 

5 and Safe Sport Authorization Act of 2017 (Public 

6 Law 115–126; 132 Stat. 320) as subchapter IV; and 

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

8 ‘‘SUBCHAPTER V—DISSOLUTION OF BOARD OF 

9 DIRECTORS OF CORPORATION AND TERMI10 NATION OF RECOGNITION OF NATIONAL GOV11 ERNING BODIES 

12 ‘‘§ 220551. Definitions 

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

14 a joint resolution— 

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

16 ‘‘(2) for which— 

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

18 resolution to dissolve the board of directors of the 

19 United States Olympic and Paralympic Com20 mittee’; and 

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

22 ‘‘(I) is as follows: ‘That Congress finds 

23 that dissolving the board of directors of the 

24 United States Olympic and Paralympic 

25 Committee would not unduly interfere with 


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1 the operations of chapter 2205 of title 36, 

2 United States Code’; and 

3 ‘‘(II) prescribes adequate procedures 

4 for forming a board of directors of the cor5 poration with all reasonable expediency and 

6 in a manner that safeguards the voting 

7 power of the representatives of amateur ath8 letes at all times; or 

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

10 resolution relating to terminating the recognition 

11 of a national governing body’; and 

12 ‘‘(ii) the matter after the resolving clause is 

13 only as follows: ‘That Congress determines that 

14 lllllllll, which is recognized as a 

15 national governing body under section 220521 of 

16 title 36, United States Code, has failed to fulfill 

17 its duties, as described in section 220524 of title 

18 36, United States Code’, the blank space being 

19 filled in with the name of the applicable national 

20 governing body. 

21 ‘‘§ 220552. Dissolution of board of directors of cor22 poration and termination of recognition 

23 of national governing bodies 

24 ‘‘(a) DISSOLUTION OF BOARD OF DIRECTORS OF COR25 PORATION.—Effective on the date of enactment of a joint 


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1 resolution described in section 220551(2)(A) with respect to 

2 the board of directors of the corporation, such board of di3 rectors shall be dissolved. 

4 ‘‘(b) TERMINATION OF RECOGNITION OF NATIONAL

5 GOVERNING BODY.—Effective on the date of enactment of 

6 a joint resolution described in section 220551(2)(B) with 

7 respect to a national governing body, the recognition of the 

8 applicable amateur sports organization as a national gov9 erning body shall cease to have force or effect. 

10 ‘‘§ 220553. Joint resolution 

11 ‘‘(a) REFERRAL AND REPORTING.— 

12 ‘‘(1) HOUSE OF REPRESENTATIVES.— 

13 ‘‘(A) IN GENERAL.—In the House of Rep14 resentatives, a joint resolution shall be referred to 

15 the Committee on Energy and Commerce. 

16 ‘‘(B) DISCHARGE.—The Committee on En17 ergy and Commerce shall be discharged from fur18 ther consideration of a joint resolution and the 

19 joint resolution shall be referred to the appro20 priate calendar on the date on which not less 

21 than three-fifths of the Members of the House of 

22 Representatives, duly chosen and sworn, are list23 ed as cosponsors of the joint resolution. 

24 ‘‘(C) LIMITATION ON CONSIDERATION.—Ex25 cept as provided in subsection (e)(1), it shall not 


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1 be in order for the House of Representatives to 

2 consider a joint resolution unless— 

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

4 the Committee on Energy and Commerce; or 

5 ‘‘(ii) the Committee on Energy and 

6 Commerce is discharged from further con7 sideration of the joint resolution under sub8 paragraph (B). 

9 ‘‘(2) SENATE.— 

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

11 resolution shall be referred to the Committee on 

12 Commerce, Science, and Transportation. 

13 ‘‘(B) DISCHARGE.—The Committee on Com14 merce, Science, and Transportation shall be dis15 charged from further consideration of the joint 

16 resolution and the joint resolution shall be re17 ferred to the appropriate calendar on the date on 

18 which not less than three-fifths of the Members of 

19 the Senate, duly chosen and sworn, are listed as 

20 cosponsors of the joint resolution. 

21 ‘‘(C) LIMITATION ON CONSIDERATION.—Ex22 cept as provided in subsection (e)(1), it shall not 

23 be in order for the Senate to consider a joint res24 olution unless— 


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

2 the Committee on Commerce, Science, and 

3 Transportation; or 

4 ‘‘(ii) the Committee on Commerce, 

5 Science, and Transportation is discharged 

6 from further consideration of the joint reso7 lution under subparagraph (B). 

8 ‘‘(b) EXPEDITED CONSIDERATION IN HOUSE OF REP9 RESENTATIVES.— 

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

11 the Committee on Energy and Commerce reports a 

12 joint resolution to the House of Representatives or has 

13 been discharged from its consideration in accordance 

14 with subsection (a)(1)(B), it shall be in order to move 

15 to proceed to consider the joint resolution in the 

16 House of Representatives. All points of order against 

17 the motion are waived. Such a motion shall not be in 

18 order after the House of Representatives has disposed 

19 of a motion to proceed on a joint resolution. The pre20 vious question shall be considered as ordered on the 

21 motion to its adoption without intervening motion. 

22 The motion is highly privileged in the House of Rep23 resentatives and is not debatable. A motion to recon24 sider the vote by which the motion is disposed of shall 

25 not be in order. 


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

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

3 joint resolution and against its consideration are 

4 waived. The previous question shall be considered as 

5 ordered on the joint resolution to its final passage 

6 without intervening motion except 2 hours of debate 

7 equally divided and controlled by the proponent and 

8 an opponent. A motion to reconsider the vote on pas9 sage of the joint resolution shall not be in order. 

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

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

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

13 the Committee on Commerce, Science, and Transpor14 tation reports a joint resolution to the Senate or has 

15 been discharged from its consideration in accordance 

16 with subsection (a)(2)(B), it shall be in order for any 

17 Member of the Senate to move to proceed to the con18 sideration of the joint resolution. A motion to proceed 

19 is in order even though a previous motion to the same 

20 effect has been disagreed to. The motion to proceed is 

21 not debatable. The motion is not subject to a motion 

22 to postpone. A motion to reconsider the vote by which 

23 the motion is agreed to or disagreed to shall not be 

24 in order. If a motion to proceed to the consideration 


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1 of the joint resolution is agreed to, the joint resolution 

2 shall remain the unfinished business until disposed of. 

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

4 resolution, and on all debatable motions and appeals 

5 in connection therewith, shall be limited to not more 

6 than 10 hours, which shall be divided equally between 

7 the Majority and Minority Leaders or their designees. 

8 A motion further to limit debate is in order and not 

9 debatable. A motion to postpone, a motion to proceed 

10 to the consideration of other business, or a motion to 

11 recommit the joint resolution is not in order. Any de12 batable motion is debatable for not to exceed 1 hour, 

13 to be divided equally between those favoring and those 

14 opposing the motion. All time used for consideration 

15 of the joint resolution, including time used for 

16 quorum calls and voting, shall be counted against the 

17 total 10 hours of consideration. 

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

19 to proceed to a joint resolution, the vote on passage 

20 of the joint resolution shall occur immediately fol21 lowing the conclusion of consideration of the joint res22 olution, and a single quorum call at the conclusion of 

23 the consideration if requested in accordance with the 

24 rules of the Senate. 


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1 ‘‘(4) RULINGS OF THE CHAIR ON PROCEDURE.— 

2 Appeals from the decisions of the Chair relating to the 

3 application of the rules of the Senate to the procedure 

4 relating to a joint resolution shall be decided without 

5 debate. 

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

8 of Representatives or the Senate. 

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

10 HOUSE.— 

11 ‘‘(1) TREATMENT OF JOINT RESOLUTION OF

12 OTHER HOUSE.— 

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

14 of Representatives fails to introduce or consider 

15 a joint resolution under this section, the joint 

16 resolution of the other House— 

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

18 procedures described under this section; and 

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

20 chamber or may be held at the desk. 

21 ‘‘(B) POTENTIAL REFERRAL.—If a joint res22 olution referred to a committee under subpara23 graph (A)(ii) is cosponsored by not less than 

24 three-fifths of the Members of the originating 

25 House, duly chosen and sworn, the committee 


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1 shall report the joint resolution not later than 20 

2 days after the date on which the joint resolution 

3 is referred to the committee. 

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

5 resolution, debate on a veto message in the Senate 

6 under this section shall be 1 hour equally divided be7 tween the Majority and Minority leaders or their des8 ignees. 

9 ‘‘(f) RULEMAKING FUNCTION.—This section is enacted 

10 by Congress— 

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

12 the Senate and House of Representatives, respectively, 

13 and as such it is deemed a part of the rules of each 

14 House, respectively, but applicable only with respect 

15 to the procedure to be followed in that House in the 

16 case of a joint resolution, and it supersedes other rules 

17 only to the extent that it is inconsistent with such 

18 rules; and 

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

20 right of either House to change the rules (so far as re21 lating to the procedure of that House) at any time, 

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

23 case of any other rule of that House.’’. 


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1 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

3 States Code, is amended— 

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

6 SafeSport), as added by section 202 of the Protecting 

7 Young Victims from Sexual Abuse and Safe Sport 

8 Authorization Act of 2017 (Public Law 115–126; 132 

9 Stat. 320) and inserting the following: 

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

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

‘‘SUBCHAPTER V—DISSOLUTION OF BOARD OF DIRECTORS OF CORPORATION AND

TERMINATION OF RECOGNITION OF NATIONAL GOVERNING BODIES

‘‘220551. Definitions. 

‘‘220552. Dissolution of board of directors of corporation and termination of recognition of national governing bodies. 

‘‘220553. Joint resolution.’’. 

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

12 section shall take effect on the date that is 1 year after the 

13 date of the enactment of this Act. 

14 SEC. 5. MODIFICATIONS TO UNITED STATES OLYMPIC AND 

15 PARALYMPIC COMMITTEE. 

16 (a) PURPOSES OF THE CORPORATION.—Section 

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

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

19 to’’ after ‘‘development of’’; 

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

21 inserting a semicolon; 


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

2 the end and inserting ‘‘; and’’; and 

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

4 ‘‘(16) to effectively oversee the national governing 

5 bodies with respect to compliance with and implemen6 tation of the policies and procedures of the corpora7 tion, including policies and procedures on the estab8 lishment of a safe environment in sports as described 

9 in paragraph (15).’’. 

10 (b) MODIFICATIONS TO MEMBERSHIP IN CORPORATION

11 AND REPRESENTATION OF ATHLETES.— 

12 (1) DEFINITION OF ATHLETES’ ADVISORY COUN13 CIL.—Section 220501(b) of title 36, United States 

14 Code, is amended— 

15 (A) by striking paragraph (9); 

16 (B) by redesignating paragraphs (4) 

17 through (8) as paragraphs (5) through (9), re18 spectively; and 

19 (C) by inserting after paragraph (3) the fol20 lowing: 

21 ‘‘(4) ‘Athletes’ Advisory Council’ means the enti22 ty established and maintained under section 

23 220504(b)(2)(A) that— 

24 ‘‘(A) is composed of, and elected by, ama25 teur athletes to ensure communication between 


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1 the corporation and currently active amateur 

2 athletes; and 

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

4 opinion and advice with respect to policies and 

5 proposed policies of the corporation.’’. 

6 (2) MEMBERSHIP AND REPRESENTATION.—Sec7 tion 220504 of title 36, United States Code, is amend8 ed— 

9 (A) in subsection (a), by inserting ‘‘and 

10 membership shall be available only to national 

11 governing bodies’’ before the period at the end; 

12 (B) in subsection (b)(2)— 

13 (i) in the matter preceding subpara14 graph (A), by striking ‘‘within the pre15 ceding 10 years’’; 

16 (ii) by striking subparagraph (A) and 

17 inserting the following: 

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

19 Advisory Council;’’; 

20 (iii) in subparagraph (B)— 

21 (I) by striking ‘‘20 percent’’ and 

inserting ‘‘1 22 ⁄3’’; and 

23 (II) by inserting ‘‘, including any 

24 panel empowered to resolve grievances’’ 

25 before the semicolon; 


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1 (iv) by redesignating subparagraph 

2 (B) as subparagraph (D); and 

3 (v) by inserting after subparagraph 

4 (A) the following: 

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

6 Advisory Council, or the designee of the chair, 

7 holds voting power on the board of directors of 

8 the corporation and in the committees and enti9 ties of the corporation; 

‘‘(C) require that 1 10 ⁄3 of the membership of 

11 the board of directors of the corporation shall be 

12 composed of, and elected by, such amateur ath13 letes, including not fewer than one amateur ath14 lete who— 

15 ‘‘(i) is actively engaged in representing 

16 the United States in amateur athletic com17 petition; or 

18 ‘‘(ii) has represented the United States 

19 in international amateur athletic competi20 tion during the preceding 10-year period; 

21 and’’; and 

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

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


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

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

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

5 the corporation shall include a description of all generally 

6 applicable certification requirements for membership in the 

7 corporation.’’. 

8 (c) DUTIES.— 

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

10 United States Code, is amended— 

11 (A) in the section heading, by striking 

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

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

15 ‘‘(d) DUTIES.— 

16 ‘‘(1) IN GENERAL.—The duty of the corporation 

17 to amateur athletes includes the adoption, effective 

18 implementation, and enforcement of policies and pro19 cedures designed— 

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

22 abuse of an amateur athlete who is a minor; 

23 ‘‘(B) to ensure that each national governing 

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1 port immediately any allegation of child abuse of 

2 an amateur athlete, consistent with— 

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

5 220541(a); and 

6 ‘‘(ii) the requirement described in 

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

8 ‘‘(C) to ensure that each national governing 

9 body and the corporation enforces temporary 

10 measures and sanctions issued pursuant to the 

11 authority of the Center. 

12 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this 

13 subsection shall be construed to preempt or otherwise 

14 abrogate the duty of care of the corporation under 

15 State law or the common law.’’. 

16 (2) CONFORMING AMENDMENT.—The table of sec17 tions for chapter 2205 of title 36, United States Code, 

18 is amended by striking the item relating to section 

19 220505 and inserting the following: 

‘‘220505. Powers and duties.’’. 

20 (d) POLICY WITH RESPECT TO ASSISTING MEMBERS

21 OR FORMER MEMBERS IN OBTAINING JOBS.—Section 

22 220507 of title 36, United States Code, is amended by add23 ing at the end the following: 

24 ‘‘(c) POLICY WITH RESPECT TO ASSISTING MEMBERS

25 OR FORMER MEMBERS IN OBTAINING JOBS.—The corporaVerDate Sep 11 2014 23:34 Jul 29, 2020 Jkt 099200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6203 E:\BILLS\S2330.RS S2330

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1 tion shall develop 1 or more policies that prohibit any indi2 vidual who is an employee, contractor, or agent of the cor3 poration from assisting a member or former member in ob4 taining a new job (except the routine transmission of ad5 ministrative and personnel files) if the individual knows 

6 that such member or former member violated the policies 

7 or procedures of the Center related to sexual misconduct or 

8 was convicted of a crime involving sexual misconduct with 

9 a minor in violation of applicable law.’’. 

10 (e) OFFICE OF THE ATHLETE OMBUDSMAN.—Section 

11 220509(b) of title 36, United States Code, is amended— 

12 (1) in the subsection heading, by striking ‘‘OM13 BUDSMAN’’ and inserting ‘‘OFFICE OF THE ATHLETE

14 OMBUDSMAN’’; 

15 (2) in paragraph (2)— 

16 (A) in subparagraph (A), by moving clauses 

17 (i) through (iii) two ems to the right; 

18 (B) by striking ‘‘(2)(A) The procedure’’ and 

19 inserting the following: 

20 ‘‘(2) HIRING PROCEDURES; VACANCY; TERMI21 NATION.— 

22 ‘‘(A) HIRING PROCEDURES.—The proce23 dure’’; 

24 (C) in subparagraph (B)— 


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

2 two ems to the right; and 

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

4 and inserting the following: 

5 ‘‘(C) TERMINATION.—The corporation’’; and 

6 (D) in the undesignated matter following 

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

8 there is’’ and inserting the following: 

9 ‘‘(B) VACANCY.—If there is’’; 

10 (3) by redesignating paragraph (2) as para11 graph (3); 

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

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

14 and all that follows through ‘‘who shall—’’ and in15 serting the following: 

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

17 and provide salary, benefits, and administrative ex18 penses for an ombudsman and support staff for ath19 letes. 

20 ‘‘(2) DUTIES.—The Office of the Athlete Ombuds21 man shall—’’; 

22 (5) in paragraph (2), as so designated by para23 graph (4)— 

24 (A) by amending subparagraph (B) to read 

25 as follows: 


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

3 (B) by redesignating subparagraph (C) as 

4 subparagraph (D); and 

5 (C) by inserting after subparagraph (B) the 

6 following: 

7 ‘‘(C) provide independent advice to athletes 

8 with respect to— 

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

10 and jurisdiction of the Center; and 

11 ‘‘(ii) the relative value of engaging 

12 legal counsel; and’’; and 

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

14 ‘‘(4) CONFIDENTIALITY.— 

15 ‘‘(A) IN GENERAL.—The Office of the Ath16 lete Ombudsman shall maintain as confidential 

17 any information communicated or provided to 

18 the Office of the Athlete Ombudsman in any 

19 matter involving the exercise of the official duties 

20 of the Office of the Athlete Ombudsman. 

21 ‘‘(B) EXCEPTION.—The Office of the Athlete 

22 Ombudsman may disclose information described 

23 in subparagraph (A) as necessary to resolve or 

24 mediate a dispute, with the permission of the 

25 parties involved. 


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1 ‘‘(C) JUDICIAL AND ADMINISTRATIVE PRO2 CEEDINGS.— 

3 ‘‘(i) IN GENERAL.—The ombudsman 

4 and the staff of the Office of the Athlete Om5 budsman shall not be compelled to testify or 

6 produce evidence in any judicial or admin7 istrative proceeding with respect to any 

8 matter involving the exercise of the duties of 

9 the Office of the Athlete Ombudsman. 

10 ‘‘(ii) WORK PRODUCT.—Any memo11 randum, work product, notes, or case file of 

12 the Office of the Athlete Ombudsman— 

13 ‘‘(I) shall be confidential; and 

14 ‘‘(II) shall not be— 

15 ‘‘(aa) subject to discovery, 

16 subpoena, or any other means of 

17 legal compulsion; or 

18 ‘‘(bb) admissible as evidence 

19 in a judicial or administrative 

20 proceeding. 

21 ‘‘(D) APPLICABILITY.—The confidentiality 

22 requirements under this paragraph shall not 

23 apply to information relating to— 

24 ‘‘(i) applicable federally mandated re25 porting requirements; 


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1 ‘‘(ii) a felony personally witnessed by 

2 a member of the Office of the Athlete Om3 budsman; 

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

5 Office of the Athlete Ombudsman, in which 

6 an individual is at imminent risk of serious 

7 harm; or 

8 ‘‘(iv) a congressional subpoena. 

9 ‘‘(E) DEVELOPMENT OF POLICY.— 

10 ‘‘(i) IN GENERAL.—Not later than 180 

11 days after the date of the enactment of the 

12 Empowering Olympic and Amateur Ath13 letes Act of 2019, the Office of the Athlete 

14 Ombudsman shall develop and publish in 

15 the Federal Register a confidentiality and 

16 privacy policy consistent with this para17 graph. 

18 ‘‘(ii) DISTRIBUTION.—The Office of the 

19 Athlete Ombudsman shall distribute a copy 

20 of the policy developed under clause (i) to— 

21 ‘‘(I) employees of the national 

22 governing bodies; and 

23 ‘‘(II) employees of the corporation. 


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1 ‘‘(iii) PUBLICATION BY NATIONAL GOV2 ERNING BODIES.—Each national governing 

3 body shall— 

4 ‘‘(I) publish the policy developed 

5 under clause (i) on the internet website 

6 of the national governing body; and 

7 ‘‘(II) communicate to amateur 

8 athletes the availability of the policy. 

9 ‘‘(5) PROHIBITION ON RETALIATION.—No em10 ployee, contractor, agent, volunteer, or member of the 

11 corporation shall take or threaten to take any action 

12 against an athlete as a reprisal for disclosing infor13 mation to or seeking assistance from the Office of the 

14 Athlete Ombudsman. 

15 ‘‘(6) INDEPENDENCE IN CARRYING OUT DU16 TIES.—The board of directors of the corporation or 

17 any other member or employee of the corporation 

18 shall not prevent or prohibit the Office of the Athlete 

19 Ombudsman from carrying out any duty or responsi20 bility under this section.’’. 

21 (f) REPORTS AND AUDITS.— 

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

23 United States Code, is amended— 

24 (A) in the section heading, by striking ‘‘Re25 port’’ and inserting ‘‘Reports and audits’’; 


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1 (B) by striking subsection (b); 

2 (C) by amending subsection (a) to read as 

3 follows: 

4 ‘‘(a) REPORT.— 

5 ‘‘(1) SUBMISSION TO PRESIDENT AND CON6 GRESS.—Not less frequently than annually, the cor7 poration shall submit simultaneously to the President 

8 and to each House of Congress a detailed report on 

9 the operations of the corporation for the preceding 

10 calendar year. 

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

12 required by paragraph (1) shall include the following: 

13 ‘‘(A) A comprehensive description of the ac14 tivities and accomplishments of the corporation 

15 during such calendar year. 

16 ‘‘(B) Data concerning the participation of 

17 women, disabled individuals, and racial and eth18 nic minorities in the amateur athletic activities 

19 and administration of the corporation and na20 tional governing bodies. 

21 ‘‘(C) A description of the steps taken to en22 courage the participation of women, disabled in23 dividuals, and racial minorities in amateur ath24 letic activities. 


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1 ‘‘(D) A description of any lawsuit or griev2 ance filed against the corporation, including any 

3 dispute initiated under this chapter. 

4 ‘‘(E) The agenda and minutes of any meet5 ing of the board of directors of the corporation 

6 that occurred during such calendar year. 

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

8 of the corporation that, with respect to such cal9 endar year— 

10 ‘‘(i) identifies— 

11 ‘‘(I) the areas in which the cor12 poration has met compliance stand13 ards; and 

14 ‘‘(II) the areas in which the cor15 poration has not met compliance 

16 standards; and 

17 ‘‘(ii) assesses the compliance of each 

18 member of the corporation and provides a 

19 plan for improvement, as necessary. 

20 ‘‘(G) A detailed description of any com21 plaint of retaliation made during such calendar 

22 year, including the entity involved, the number 

23 of allegations of retaliation, and the outcome of 

24 such allegations. 


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

2 shall make each report under this subsection available 

3 to the public on an easily accessible internet website 

4 of the corporation.’’; and 

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

6 ‘‘(b) AUDIT.— 

7 ‘‘(1) IN GENERAL.—Not less frequently than an8 nually, the financial statements of the corporation for 

9 the preceding fiscal year shall be audited in accord10 ance with generally accepted auditing standards by— 

11 ‘‘(A) an independent certified public ac12 countant; or 

13 ‘‘(B) an independent licensed public ac14 countant who is certified or licensed by the regu15 latory authority of a State or a political subdivi16 sion of a State. 

17 ‘‘(2) LOCATION.—An audit under paragraph (1) 

18 shall be conducted at the location at which the finan19 cial statements of the corporation normally are kept. 

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

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

22 to— 

23 ‘‘(A) all records and property owned or used 

24 by the corporation, as necessary to facilitate the 

25 audit; and 


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1 ‘‘(B) any facility under audit for the pur2 pose of verifying transactions, including any 

3 balance or security held by a depository, fiscal 

4 agent, or custodian. 

5 ‘‘(4) REPORT.— 

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

7 days after the end of the fiscal year for which an 

8 audit is carried out, the auditor shall submit a 

9 report on the audit to the Committee on Com10 merce, Science, and Transportation of the Sen11 ate, the Committee on Energy and Commerce of 

12 the House of Representatives, and the chair of 

13 the Athletes’ Advisory Council. 

14 ‘‘(B) MATTERS TO BE INCLUDED.—Each re15 port under subparagraph (A) shall include the 

16 following for the applicable fiscal year: 

17 ‘‘(i) Any statement necessary to 

18 present fairly the assets, liabilities, and sur19 plus or deficit of the corporation. 

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

21 amounts of such assets, liabilities, and sur22 plus or deficit. 

23 ‘‘(iii) A detailed statement of the in24 come and expenses of the corporation, in25 cluding the results of any trading, manufacVerDate Sep 11 2014 23:34 Jul 29, 2020 Jkt 099200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6203 E:\BILLS\S2330.RS S2330

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1 turing, publishing, or other commercial en2 deavor. 

3 ‘‘(iv) A detailed statement of the 

4 amounts spent on stipends and services for 

5 athletes. 

6 ‘‘(v) A detailed statement of the 

7 amounts spent on compensation and serv8 ices for executives and administration offi9 cials of the corporation, including the 20 

10 employees of the corporation who receive the 

11 highest amounts of compensation. 

12 ‘‘(vi) A detailed statement of the 

13 amounts allocated to the national governing 

14 bodies. 

15 ‘‘(vii) Such comments and information 

16 as the auditor considers necessary to inform 

17 Congress of the financial operations and 

18 condition of the corporation. 

19 ‘‘(viii) Recommendations relating to 

20 the financial operations and condition of 

21 the corporation. 

22 ‘‘(ix) A description of any financial 

23 conflict of interest (including a description 

24 of any recusal or other mitigating action 


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1 taken), evaluated in a manner consistent 

2 with the policies of the corporation, of— 

3 ‘‘(I) a member of the board of di4 rectors of the corporation; or 

5 ‘‘(II) any senior management per6 sonnel of the corporation. 

7 ‘‘(C) PUBLIC AVAILABILITY.— 

8 ‘‘(i) IN GENERAL.—The corporation 

9 shall make each report under this para10 graph available to the public on an easily 

11 accessible internet website of the corpora12 tion. 

13 ‘‘(ii) PERSONALLY IDENTIFIABLE IN14 FORMATION.—A report made available 

15 under clause (i) shall not include the per16 sonally identifiable information of any in17 dividual.’’. 

18 (2) CONFORMING AMENDMENT.—The table of sec19 tions for chapter 2205 of title 36, United States Code, 

20 is amended by striking the item relating to section 

21 220511 and inserting the following: 

‘‘220511. Reports and audits.’’. 

22 (g) POLICY WITH RESPECT TO BONUS AND SEVER23 ANCE PAY.— 


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1 (1) IN GENERAL.—Section 220507 of title 36, 

2 United States Code, as amended by subsection (d), is 

3 further amended by adding at the end the following: 

4 ‘‘(d) POLICY REGARDING TERMS AND CONDITIONS OF

5 EMPLOYMENT.—The corporation shall establish a policy— 

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

7 any individual named as a subject of an ethics inves8 tigation by the ethics committee of the corporation, 

9 until such individual is cleared of wrongdoing by 

10 such investigation; and 

11 ‘‘(2) that provides that— 

12 ‘‘(A) if the ethics committee determines that 

13 an individual has violated the policies of the cor14 poration— 

15 ‘‘(i) the individual is no longer entitled 

16 to bonus or severance pay previously with17 held; and 

18 ‘‘(ii) the compensation committee of the 

19 corporation may reduce or cancel the with20 held bonus or severance pay; and 

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

22 subject of a criminal investigation, the ethics 

23 committee shall investigate the individual.’’. 

24 (2) APPLICABILITY.—The amendment made by 

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1 ment for the disbursement of bonus or severance pay 

2 that is in effect as of the day before the date of the 

3 enactment of this Act. 

4 (h) ANNUAL AMATEUR ATHLETE SURVEY.— 

5 (1) IN GENERAL.—Subchapter I of chapter 2205 

6 of title 36, United States Code, is amended by adding 

7 at the end the following: 

8 ‘‘§ 220513. Annual amateur athlete survey 

9 ‘‘(a) IN GENERAL.—Not less frequently than annually, 

10 the corporation shall enter into a contract with an inde11 pendent third-party organization to conduct an anonymous 

12 survey of amateur athletes who are actively engaged in 

13 amateur athletic competition with respect to— 

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

15 the applicable national governing body; and 

16 ‘‘(2) the behaviors, attitudes, and feelings within 

17 the corporation and the applicable national governing 

18 body relating to sexual harassment and abuse. 

19 ‘‘(b) CONSULTATION.—A contract under subsection (a) 

20 shall require the independent third-party organization to 

21 develop the survey in consultation with the Center. 

22 ‘‘(c) PROHIBITION ON INTERFERENCE.—If the cor23 poration or a national governing body makes any effort to 

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1 erwise influence a survey under subsection (a), the corpora2 tion or the national governing body shall be decertified. 

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

4 make the results of each such survey available to the public 

5 on an internet website of the corporation.’’. 

6 (2) CONFORMING AMENDMENT.—The table of sec7 tions for chapter 2205 of title 36, United States Code, 

8 is amended by adding at the end of subchapter I the 

9 following: 

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

10 SEC. 6. MODIFICATIONS TO NATIONAL GOVERNING BODIES. 

11 (a) CERTIFICATION OF NATIONAL GOVERNING BOD12 IES.— 

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

14 United States Code, is amended— 

15 (A) in the section heading, by striking 

16 ‘‘Recognition of amateur sports orga17 nizations as national governing bod18 ies’’ and inserting ‘‘Certification of na19 tional governing bodies’’; 

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

21 follows: 

22 ‘‘(a) IN GENERAL.—With respect to each sport in23 cluded on the program of the Olympic Games, the 

24 Paralympic Games, or the Pan-American Games, the cor25 poration— 


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

2 an amateur sports organization, a high-performance 

3 management organization, or a paralympic sports or4 ganization that files an application and is eligible for 

5 such certification under section 220522; and 

6 ‘‘(2) may not certify more than 1 national gov7 erning body.’’; 

8 (C) in subsection (b), by striking ‘‘recog9 nizing’’ and inserting ‘‘certifying’’; 

10 (D) in subsection (c), by striking ‘‘recog11 nizing’’ and inserting ‘‘certifying’’; and 

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

13 follows: 

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

15 years after the date of the enactment of the Empowering 

16 Olympic and Amateur Athletes Act of 2019, and not less 

17 frequently than once every 4 years thereafter, the corpora18 tion— 

19 ‘‘(1) shall review all matters related to the con20 tinued certification of an organization as a national 

21 governing body; 

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

23 appropriate, including placing conditions on the con24 tinued certification of an organization as a national 

25 governing body; 


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1 ‘‘(3) shall submit to Congress a summary report 

2 of each review under paragraph (1); and 

3 ‘‘(4) shall make each such summary report avail4 able to the public.’’. 

5 (2) TECHNICAL AND CONFORMING AMEND6 MENTS.— 

7 (A) Chapter 2205 of title 36, United States 

8 Code, is amended— 

9 (i) in section 220501(b), as amended 

10 by section 5(b)(1), by amending paragraph 

11 (9) to read as follows: 

12 ‘‘(9) ‘national governing body’ means an ama13 teur sports organization, a high-performance manage14 ment organization, or a paralympic sports organiza15 tion that is certified by the corporation under section 

16 220521.’’; 

17 (ii) in section 220504(b), by amending 

18 paragraph (1) to read as follows: 

19 ‘‘(1) national governing bodies, including 

20 through provisions that establish and maintain a Na21 tional Governing Bodies’ Council that is composed of 

22 representatives of the national governing bodies who 

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1 tween the corporation and the national governing 

2 bodies;’’; 

3 (iii) in section 220505(c), by amending 

4 paragraph (4) to read as follows: 

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

6 sport that is included on the program of the Olympic 

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

8 Games;’’; 

9 (iv) in section 220509(b)(2)(A), as des10 ignated by subsection 5(e)(4), by striking 

11 ‘‘paralympic sports organizations,’’; 

12 (v) in section 220512, by striking ‘‘or 

13 paralympic sports organization’’; 

14 (vi) in section 220522— 

15 (I) by striking subsection (b); and 

16 (II) in subsection (a)— 

17 (aa) by striking ‘‘recognized’’ 

18 each place it appears and insert19 ing ‘‘certified’’; 

20 (bb) by striking ‘‘recogni21 tion’’ each place it appears and 

22 inserting ‘‘certification’’; 

23 (cc) in paragraph (6), by in24 serting ‘‘, the Paralympic 


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1 Games,’’ after ‘‘the Olympic 

2 Games’’; 

3 (dd) in paragraph (11)— 

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

6 inserting ‘‘, high-performance 

7 management organization, or 

8 paralympic sports organiza9 tion’’ after ‘‘amateur sports 

10 organization’’; and 

11 (BB) in subparagraph 

12 (B), by striking ‘‘amateur 

13 sports’’ and inserting ‘‘appli14 cable’’; and 

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

17 and all that follows through ‘‘An 

18 amateur sports organization’’ and 

19 inserting ‘‘An amateur sports or20 ganization, a high-performance 

21 management organization, or a 

22 paralympic sports organization’’; 

23 (vii) in section 220524, by striking 

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

25 (viii) in section 220528— 


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

2 place it appears and inserting ‘‘certifi3 cation’’; 

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

5 place it appears and inserting ‘‘cer6 tify’’; and 

7 (III) in subsection (g), in the sub8 section heading, by striking ‘‘RECOGNI9 TION’’ and inserting ‘‘CERTIFICATION’’; 

10 (ix) in section 220531— 

11 (I) by striking ‘‘, each national 

12 governing body, and each paralympic 

13 sports organization’’ each place it ap14 pears and inserting ‘‘and each na15 tional governing body’’; and 

16 (II) in subsection (c)(2), by strik17 ing ‘‘each paralympic sports organiza18 tion,’’; 

19 (x) in section 220541— 

20 (I) in subsection (a)— 

21 (aa) in paragraph (2), by 

22 striking ‘‘, each national gov23 erning body, and each paralympic 

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1 ing ‘‘and each national governing 

2 body’’; and 

3 (bb) in paragraph (3), by 

4 striking ‘‘and paralympic sports 

5 organizations’’; and 

6 (II) in subsection (d)(3), by strik7 ing subparagraph (C); 

8 (xi) in section 220542— 

9 (I) by striking ‘‘or paralympic 

10 sports organization’’ each place it ap11 pears; and 

12 (II) in subsection (a)(2)— 

13 (aa) in subparagraph (A), by 

14 striking ‘‘, a paralympic sports 

15 organization,’’; 

16 (bb) in subparagraph (E), by 

17 striking ‘‘or a paralympic sports 

18 organization of each national gov19 erning body and paralympic 

20 sports organization’’; and 

21 (cc) in subparagraph 

22 (F)(i)— 

23 (AA) by striking ‘‘, or 

24 an adult’’ and inserting ‘‘or 

25 an adult’’; 


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1 (BB) by striking ‘‘, 

2 paralympic sports organiza3 tion,’’; and 

4 (CC) by striking ‘‘, 

5 paralympic sports organiza6 tions,’’. 

7 (B) The table of sections for chapter 2205 of 

8 title 36, United States Code, is amended by 

9 striking the item relating to section 220521 and 

10 inserting the following: 

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

11 (b) ELIGIBILITY REQUIREMENTS WITH RESPECT TO

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

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

14 amended— 

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

16 the ability to provide and enforce required athlete 

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

19 (2) in paragraph (5), in the matter preceding 

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

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

22 (3) by redesignating paragraphs (10) through 

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

24 (4) by inserting after paragraph (9) the fol25 lowing: 


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1 ‘‘(10) ensures that the selection criteria for indi2 viduals and teams that represent the United States 

3 are— 

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

5 in consultation with the national governing bod6 ies, the Athletes’ Advisory Council, and the 

7 United States Olympians and Paralympians As8 sociation; 

9 ‘‘(B) clearly articulated in writing and 

10 properly communicated to athletes in a timely 

11 manner; and 

12 ‘‘(C) consistently applied, using objective 

13 and subjective criteria appropriate to the appli14 cable sport;’’; 

15 (5) by striking paragraph (13), as so redesig16 nated, and inserting the following: 

17 ‘‘(13) demonstrates, based on guidelines approved 

18 by the corporation, the Athletes’ Advisory Council, 

19 and the National Governing Bodies’ Council, that— 

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

21 governing boards have established criteria and 

22 election procedures for, and maintain among 

23 their voting members, individuals who are— 

24 ‘‘(i) elected by amateur athletes; and 


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1 ‘‘(ii) actively engaged in amateur ath2 letic competition in the sport for which cer3 tification is sought; 

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

5 such organization has been approved by— 

6 ‘‘(i) the corporation; and 

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

8 and 

9 ‘‘(C) the voting power held by such individuals is not less than 1 10 ⁄3 of the voting power held 

11 by its board of directors and other such gov12 erning boards;’’; 

13 (6) in paragraph (15), as so redesignated, by 

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

15 (7) in paragraph (16), as so redesignated, by 

16 striking the period at the end and inserting a semi17 colon; and 

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

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

20 the corporation that include, for each calendar year— 

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

22 the organization— 

23 ‘‘(i) carries out the mission to promote 

24 a safe environment in sports that is free 


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1 from abuse of amateur athletes (including 

2 emotional, physical, and sexual abuse); and 

3 ‘‘(ii) addresses any sanctions or tem4 porary measures required by the Center; 

5 ‘‘(B) a description of any cause of action or 

6 complaint filed against the organization that 

7 was pending or settled during the preceding cal8 endar year; and 

9 ‘‘(C) a detailed statement of— 

10 ‘‘(i) the income and expenses of the or11 ganization; and 

12 ‘‘(ii) the amounts expended on sti13 pends, bonuses, and services for amateur 

14 athletes, organized by the level and gender 

15 of the amateur athletes; and 

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

18 (c) GENERAL DUTIES OF NATIONAL GOVERNING BOD19 IES.—Section 220524 of title 36, United States Code, is 

20 amended— 

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

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

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

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


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

2 and inserting a semicolon; 

3 (B) in paragraph (9), by striking the period 

4 at the end and inserting a semicolon; and 

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

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

7 any individual who is an employee, contractor, or 

8 agent of the national governing body from assisting 

9 a member or former member in obtaining a new job 

10 (except for the routine transmission of administrative 

11 and personnel files) if the individual knows that such 

12 member or former member violated the policies or 

13 procedures of the Center related to sexual misconduct 

14 or was convicted of a crime involving sexual mis15 conduct with a minor in violation of applicable law 

16 or the policies or procedures of the Center; 

17 ‘‘(11) promote a safe environment in sports that 

18 is free from abuse of any amateur athlete, including 

19 emotional, physical, and sexual abuse; 

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

21 sports using information relating to any temporary 

22 measure or sanction issued pursuant to the authority 

23 of the Center; 


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1 ‘‘(13) immediately report to law enforcement any 

2 allegation of child abuse of an amateur athlete who 

3 is a minor; and 

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

5 report immediately any allegation of child abuse of 

6 an amateur athlete, consistent with— 

7 ‘‘(A) the policies and procedures developed 

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

9 ‘‘(B) the requirement described in para10 graph (2)(A) of section 220542(a).’’; and 

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

12 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec13 tion shall be construed to preempt or otherwise abrogate the 

14 duty of care of a national governing body under State law 

15 or the common law.’’. 

16 (d) ELIMINATION OF EXHAUSTION OF REMEDIES RE17 QUIREMENT.—Section 220527 of title 36, United States 

18 Code, is amended— 

19 (1) by striking subsection (b); 

20 (2) in subsection (c), by striking ‘‘If the corpora21 tion’’ and all that follows through ‘‘subsection (b)(1) 

22 of this section, it’’ and inserting ‘‘The corporation’’; 

23 and 

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

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


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1 (e) ENSURE LIMITATIONS ON COMMUNICATIONS ARE

2 INCLUDED IN LIMITATIONS ON INTERACTIONS.—Section 

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

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

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

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

7 all that follows through the period at the end and in8 serting the following: ‘‘makes— 

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

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

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

13 SEC. 7. MODIFICATIONS TO UNITED STATES CENTER FOR 

14 SAFESPORT. 

15 (a) NAME OF CENTER.— 

16 (1) Subchapter IV of chapter 2205 of title 36, 

17 United States Code, as redesignated by section 

18 4(a)(1), is amended in the subchapter heading by 

19 striking ‘‘SAFE SPORT’’ and inserting 

20 ‘‘SAFESPORT’’. 

21 (2) Section 220541 of title 36, United States 

22 Code, is amended— 

23 (A) in the section heading by striking 

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

25 and 


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1 (B) in subsection (a), in the matter pre2 ceding paragraph (1), by striking ‘‘Safe Sport’’ 

3 and inserting ‘‘SafeSport’’. 

4 (3) Paragraph (5) of section 220501(b) of title 

5 36, United States Code, as redesignated by section 

6 5(b)(1), is amended by striking ‘‘United States Center 

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

8 for SafeSport’’. 

9 (4) The table of sections for chapter 2205 of title 

10 36, United States Code, is amended by striking the 

11 item relating to section 220541 and inserting the fol12 lowing: 

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

13 (b) LIST OF BARRED INDIVIDUALS; AUDIT AND COM14 PLIANCE.—Section 220541(a) of title 36, United States 

15 Code, is amended— 

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

17 inserting a semicolon; 

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

19 the end and inserting a semicolon; and 

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

21 ‘‘(6) maintain an office for compliance and 

22 audit that shall— 

23 ‘‘(A) ensure that the national governing 

24 bodies and the corporation implement and follow 

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1 ter to prevent and promptly report instances of 

2 abuse of amateur athletes, including emotional, 

3 physical, and sexual abuse; and 

4 ‘‘(B) establish mechanisms that allow for 

5 the reporting and investigation of alleged viola6 tions of such policies and procedures; and 

7 ‘‘(7) publish and maintain a publicly accessible 

8 internet website that contains a comprehensive list of 

9 adults who are barred by the Center.’’. 

10 (c) LIMITATION ON LIABILITY.—Section 220541(d) of 

11 title 36, United States Code, as amended by section 6(a)(2), 

12 is further amended— 

13 (1) in paragraph (3), by inserting after subpara14 graph (B) the following: 

15 ‘‘(C) the corporation;’’; 

16 (2) by redesignating paragraph (3) as para17 graph (4); and 

18 (3) by inserting after paragraph (2) the fol19 lowing: 

20 ‘‘(3) REMOVAL TO FEDERAL COURT.— 

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

22 brought in a State court against the Center re23 lating to the responsibilities of the Center under 

24 this section, section 220542, or section 220543, 

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


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1 district court of the United States in the district 

2 in which the action was brought, and such dis3 trict court shall have original jurisdiction over 

4 the action without regard to the amount in con5 troversy or the citizenship of the parties involved. 

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

7 this chapter shall be construed to create a private 

8 right of action.’’. 

9 (d) TRAINING MATERIALS; INDEPENDENCE; FUND10 ING.—Section 220541 of title 36, United States Code, is 

11 amended by adding at the end the following: 

12 ‘‘(e) TRAINING MATERIALS.—The office for education 

13 and outreach referred to in subsection (a)(3) shall— 

14 ‘‘(1) develop training materials for specific audi15 ences, including coaches, trainers, doctors, young chil16 dren, adolescents, adults, and individuals with dis17 abilities; and 

18 ‘‘(2) not less frequently than every 3 years, up19 date such training materials. 

20 ‘‘(f) INDEPENDENCE.— 

21 ‘‘(1) PROHIBITION WITH RESPECT TO FORMER

22 EMPLOYEES AND BOARD MEMBERS.—A former em23 ployee or board member of the corporation or a na24 tional governing body shall not work or volunteer at 

25 the Center during the 2-year period beginning on the 


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1 date on which the former employee or board member 

2 ceases employment with the corporation or national 

3 governing body. 

4 ‘‘(2) ATHLETES SERVING ON BOARD OF DIREC5 TORS OF NATIONAL GOVERNING BODY.— 

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

7 the board of directors of a national governing 

8 body who is not otherwise employed by the na9 tional governing body, may volunteer at, or serve 

10 in an advisory capacity to, the Center. 

11 ‘‘(B) INELIGIBILITY FOR EMPLOYMENT.—An 

12 athlete who has served on the board of directors 

13 of a national governing body shall not be eligible 

14 for employment at the Center during the 2-year 

15 period beginning on the date on which the ath16 lete ceases to serve on such board of directors. 

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

18 attorney for the Center shall be considered to have an 

19 inappropriate conflict of interest if the executive or 

20 attorney also represents the corporation or a national 

21 governing body. 

22 ‘‘(4) INVESTIGATIONS.— 

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

24 the national governing bodies shall not interfere 


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1 in, or attempt to influence the outcome of, an in2 vestigation. 

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

4 interfere in, or influence the outcome of, an in5 vestigation, not later than 72 hours after such 

6 attempt, the Center shall submit to the Com7 mittee on Commerce, Science, and Transpor8 tation of the Senate and the Committee on En9 ergy and Commerce of the House of Representa10 tives a report describing the attempt. 

11 ‘‘(C) WORK PRODUCT.— 

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

14 case file of the Center— 

15 ‘‘(I) shall be confidential; and 

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

18 of legal compulsion in any civil action 

19 in which the Center is not a party to 

20 the action. 

21 ‘‘(ii) RULE OF CONSTRUCTION.—Noth22 ing in this subparagraph shall be construed 

23 to prohibit the Center from providing work 

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1 forcement agency for the purpose of assist2 ing in a criminal investigation. 

3 ‘‘(g) FUNDING.— 

4 ‘‘(1) MANDATORY PAYMENTS.— 

5 ‘‘(A) FISCAL YEAR 2020.—Not later than 30 

6 days after the date of the enactment of this sub7 section, the corporation shall make a mandatory 

8 payment of $20,000,000 to the Center for oper9 ating costs of the Center for fiscal year 2020. 

10 ‘‘(B) SUBSEQUENT FISCAL YEARS.—Begin11 ning on January 1, 2020, the corporation shall 

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

13 the Center on January 1 each year for operating 

14 costs of the Center. 

15 ‘‘(2) FUNDS FROM NATIONAL GOVERNING BOD16 IES.—The corporation may use funds received from 1 

17 or more national governing bodies to make a manda18 tory payment required by paragraph (1). 

19 ‘‘(3) FAILURE TO COMPLY.— 

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

21 lawsuit to compel payment under paragraph (1). 

22 ‘‘(B) PENALTY.—For each day of late or in23 complete payment of a mandatory payment 

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1 cover from the corporation an additional 

2 $20,000. 

3 ‘‘(4) ACCOUNTABILITY.— 

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

5 the Center by the corporation or a national gov6 erning body shall be used, in accordance with 

7 section 220503(15), primarily for the purpose of 

8 carrying out the duties and requirements under 

9 sections 220541 through 220543 with respect to 

10 the investigation and resolution of allegations of 

11 sexual misconduct, or other misconduct, made by 

12 amateur athletes. 

13 ‘‘(B) USE OF FUNDS.— 

14 ‘‘(i) IN GENERAL.—Of the amounts 

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

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

19 ‘‘(I) not less than 50 percent shall 

20 be used for processing the investigation 

21 and resolution of allegations described 

22 in subparagraph (A); and 

23 ‘‘(II) not more than 10 percent 

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1 tion of officers and directors of the 

2 Center. 

3 ‘‘(ii) RESERVE FUNDS.— 

4 ‘‘(I) IN GENERAL.—If, after the 

5 Center uses the amounts as allocated 

6 under clause (i), the Center does not 

7 use the entirety of the remaining 

8 amounts for the purpose described in 

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

11 amounts as reserve funds. 

12 ‘‘(II) RETURN OF FUNDS.—The 

13 Center shall return to the corporation 

14 and national governing bodies any 

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

17 governing bodies, that remain after the 

18 retention described in subclause (I). 

19 ‘‘(iii) LOBBYING AND FUNDRAISING.— 

20 Amounts made available to the Center 

21 under this paragraph may not be used for 

22 lobbying or fundraising expenses. 

23 ‘‘(h) COMPLIANCE AUDITS.— 


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1 ‘‘(1) IN GENERAL.—Not less frequently than an2 nually, the Center shall carry out an audit of the cor3 poration and each national governing body— 

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

5 procedures developed under this subchapter; and 

6 ‘‘(B) to ensure that consistent training re7 lating to the prevention of child abuse is pro8 vided to all staff of the corporation and national 

9 governing bodies who are in regular contact with 

10 amateur athletes and members who are minors 

11 subject to parental consent. 

12 ‘‘(2) CORRECTIVE MEASURES.— 

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

14 on the corporation or a national governing body 

15 a corrective measure to achieve compliance with 

16 the policies and procedures developed under this 

17 subchapter or the training requirement described 

18 in paragraph (1)(B). 

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

20 imposed under subparagraph (A) may include 

21 the implementation of an athlete safety program 

22 or specific policies, additional compliance audits 

23 or training, and the imposition of a proba24 tionary period. 

25 ‘‘(C) ENFORCEMENT.— 


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

2 Center, the corporation shall— 

3 ‘‘(I) enforce any corrective meas4 ure required under subparagraph (A); 

5 and 

6 ‘‘(II) report the status of enforce7 ment with respect to a national gov8 erning body within a reasonable time9 frame. 

10 ‘‘(ii) METHODS.—The corporation may 

11 enforce a corrective measure through any 

12 means available to the corporation, includ13 ing by withholding funds from a national 

14 governing body, limiting the participation 

15 of the national governing body in corpora16 tion events, and decertifying a national gov17 erning body. 

18 ‘‘(iii) EFFECT OF NONCOMPLIANCE.—If 

19 the corporation fails to enforce a corrective 

20 measure within 72 hours of a request under 

21 clause (i), the Center may submit to the 

22 Committee on Commerce, Science, and 

23 Transportation of the Senate and the Com24 mittee on Energy and Commerce of the 


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1 House of Representatives a report describ2 ing the noncompliance. 

3 ‘‘(3) ANNUAL REPORT.— 

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

5 annually, the Center shall submit to Congress a 

6 report on the findings of the audit under para7 graph (1) for the preceding year and the status 

8 of any corrective measures imposed as a result of 

9 the audit. 

10 ‘‘(B) PUBLIC AVAILABILITY.— 

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

12 subparagraph (A) shall be made available 

13 to the public. 

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

16 the public shall not include the personally 

17 identifiable information of any individual. 

18 ‘‘(i) RETALIATION.— 

19 ‘‘(1) PROHIBITION.—The Center (or any officer, 

20 employee, contractor, subcontractor, or agent of the 

21 Center) may not retaliate against any protected indi22 vidual because of any protected disclosure. 

23 ‘‘(2) REPORTING, INVESTIGATION, AND ARBITRA24 TION.—The Center shall establish mechanisms for the 

25 reporting, investigation, and resolution (through 


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1 binding third-party arbitration) of complaints of al2 leged retaliation against a protected individual. 

3 ‘‘(3) DISCIPLINARY ACTION.—If the Center finds 

4 that an officer or employee of the Center (or any con5 tractor, subcontractor, or agent of the Center) has re6 taliated against a protected individual, the Center 

7 shall take appropriate disciplinary action with re8 spect to any such individual found to have retaliated 

9 against the protected individual. 

10 ‘‘(4) REMEDIES.— 

11 ‘‘(A) IN GENERAL.—If the Center finds that 

12 an officer or employee of the Center (or any con13 tractor, subcontractor, or agent of the Center) 

14 has retaliated against a protected individual, the 

15 Center shall promptly— 

16 ‘‘(i) take affirmative action to abate 

17 the violation; 

18 ‘‘(ii) reinstate the complainant to the 

19 former position with the same pay and 

20 terms and privileges; and 

21 ‘‘(iii) pay compensatory damages, in22 cluding economic damages (including back23 pay with interest) and any special damages 

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1 cluding damages for pain and suffering, 

2 reasonable attorney fees, and costs. 

3 ‘‘(5) ENFORCEMENT ACTION AND PROCE4 DURES.— 

5 ‘‘(A) IN GENERAL.—If the Center has not 

6 issued a final decision within 180 days of the fil7 ing of the complaint and there is no showing 

8 that such delay is due to the bad faith of the 

9 complainant, the complainant may bring an ac10 tion at law or equity for de novo review in the 

11 appropriate district court of the United States, 

12 which shall have jurisdiction over such an action 

13 without regard to the amount in controversy. 

14 ‘‘(B) JURY TRIAL.—A party to an action 

15 brought under paragraph (A) shall be entitled to 

16 trial by jury. 

17 ‘‘(C) RELIEF.—The court shall have juris18 diction to grant all relief under paragraph (4). 

19 ‘‘(6) STATUTE OF LIMITATIONS.—An action 

20 under paragraph (2) shall be commenced not later 

21 than 2 years after the date on which the violation oc22 curs, or after the date on which the protected indi23 vidual became aware of the violation. 

24 ‘‘(7) BURDENS OF PROOF.— An action under 

25 paragraph (2) or (5) shall be governed as follows: 


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1 ‘‘(A) REQUIRED SHOWING BY COMPLAIN2 ANT.—The Center shall dismiss a complaint filed 

3 under this subsection and shall not conduct an 

4 investigation unless the complainant makes a 

5 prima facie showing that any retaliation was a 

6 contributing factor in the action alleged in the 

7 complaint. 

8 ‘‘(B) CRITERIA FOR DETERMINATION BY AR9 BITRATION.—The arbitration may determine 

10 that a violation of paragraph (1) has occurred 

11 only if the complainant demonstrates that the re12 taliation was a contributing factor in the action 

13 alleged in the complaint. 

14 ‘‘(C) PROHIBITION.—Relief may not be or15 dered under paragraph (4) if the Center dem16 onstrates by clear and convincing evidence that 

17 the Center would have taken the same action in 

18 the absence of that behavior. 

19 ‘‘(8) REVIEW.—Any person adversely affected or 

20 aggrieved by an order issued under paragraph (4) 

21 may obtain review of the order in the United States 

22 Court of Appeals for the circuit in which the viola23 tion, with respect to which the order was issued, alleg24 edly occurred or the circuit in which the complainant 

25 resided on the date of such violation. The petition for 


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1 review must be filed not later than 60 days after the 

2 date of the issuance of the arbitration decision of the 

3 Center. Review shall conform to chapter 7 of title 5, 

4 United States Code. The commencement of pro5 ceedings under this subparagraph shall not, unless or6 dered by the court, operate as a stay of the order. 

7 ‘‘(9) RIGHTS RETAINED BY EMPLOYEE.—Nothing 

8 in this section shall be deemed to diminish the rights, 

9 privileges, or remedies of any employee under any 

10 Federal or State law, or under any collective bar11 gaining agreement. 

12 ‘‘(10) NONENFORCEABILITY OF CERTAIN PROVI13 SIONS WAIVING RIGHTS AND REMEDIES.—The rights 

14 and remedies provided for in this section may not be 

15 waived by any agreement, policy form, or condition 

16 of employment. 

17 ‘‘(11) PROTECTED INDIVIDUAL.—For purposes of 

18 this subsection, a protected individual includes any 

19 official or employee of the Center and any contractor 

20 or subcontractor of the Center. 

21 ‘‘(j) REPORTS TO CORPORATION.—Not later than 30 

22 days after the end of each calendar quarter that begins after 

23 the date of the enactment of the Empowering Olympic and 

24 Amateur Athletes Act of 2019, the Center shall submit to 

25 the corporation a statement of the following: 


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1 ‘‘(1) The number and nature of misconduct com2 plaints referred to the Center, by sport. 

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

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

6 which an investigation was terminated or otherwise 

7 closed by the Center. 

8 ‘‘(4) The number of such misconduct complaints 

9 reported to law enforcement agencies by the Center for 

10 further investigation. 

11 ‘‘(5) The number of discretionary cases accepted 

12 or declined by the Center, by sport. 

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

14 such cases and misconduct complaints. 

15 ‘‘(7) Information relating to the educational ac16 tivities and trainings conducted by the office of edu17 cation and outreach of the Center during the pre18 ceding quarter, including the number of educational 

19 activities and trainings developed and provided. 

20 ‘‘(k) CERTIFICATIONS OF INDEPENDENCE.— 

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

22 after the end of a fiscal year, the Comptroller General 

23 of the United States shall make available to the public 

24 a certification relating to the Center’s independence 

25 from the corporation. 


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

2 paragraph (1) shall include the following: 

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

4 prohibition on employment of former employees 

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

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

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

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

12 has interfered in, or attempted to influence the 

13 outcome of, an investigation by the Center. 

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

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

18 ‘‘(3) AUTHORITY OF COMPTROLLER GENERAL.— 

19 ‘‘(A) IN GENERAL.—The Comptroller Gen20 eral may take such reasonable steps as, in the 

21 view of the Comptroller General, are necessary to 

22 be fully informed about the operations of the cor23 poration and the Center. 

24 ‘‘(B) SPECIFIC AUTHORITIES.—The Comp25 troller General shall have— 


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

2 copies of, any and all nonprivileged books, 

3 records, accounts, correspondence, files, or 

4 other documents or electronic records, in5 cluding emails, of officers, agents, and em6 ployees of the Center or the corporation; and 

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

8 employee, agent, or consultant of the Center 

9 or the corporation. 

10 ‘‘(C) TREATMENT OF PRIVILEGED INFORMA11 TION.—If, under this subsection, the Comptroller 

12 General seeks access to information contained 

13 within privileged documents or materials in the 

14 possession of the Center or the corporation, the 

15 Center or the corporation, as the case may be, 

16 shall, to the maximum extent practicable, pro17 vide the Comptroller General with the informa18 tion without compromising the applicable privi19 lege.’’. 

20 (e) ADDITIONAL DUTIES.—Section 220542 of title 36, 

21 United States Code, is amended— 

22 (1) in the section heading, by striking the period 

23 at the end; and 

24 (2) in subsection (a)— 


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

2 and inserting a semicolon; and 

3 (B) in paragraph (2)— 

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

5 clauses (i) and (ii) and inserting the fol6 lowing: 

7 ‘‘(i) law enforcement consistent with 

8 section 226 of the Victims of Child Abuse 

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

10 ‘‘(ii) the Center, whenever such mem11 bers or adults learn of facts leading them to 

12 suspect reasonably that an amateur athlete 

13 who is a minor has suffered an incident of 

14 child abuse;’’; 

15 (ii) by redesignating subparagraphs 

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

17 through (I), respectively; 

18 (iii) by inserting after subparagraph 

19 (A) the following: 

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

21 immediately report to law enforcement consistent 

22 with section 226 of the Victims of Child Abuse 

23 Act of 1990 (34 U.S.C. 20341) any allegation of 

24 child abuse of an amateur athlete who is a 

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1 mitted to the Center by a minor or by any per2 son who is not otherwise required to report such 

3 abuse; 

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

5 individual who is an employee, contractor, or 

6 agent of the Center from assisting a member or 

7 former member in obtaining a new job (except 

8 for the routine transmission of administrative 

9 and personnel files) if the individual knows that 

10 such member or former member violated the poli11 cies or procedures of the Center related to sexual 

12 misconduct or was convicted of a crime involving 

13 sexual misconduct with a minor in violation of 

14 applicable law; 

15 ‘‘(D) a requirement that the Center, includ16 ing any officer, agent, attorney, or staff member 

17 of the Center, shall not take any action to notify 

18 an alleged perpetrator of abuse of an amateur 

19 athlete of any ongoing investigation or accusa20 tion unless— 

21 ‘‘(i) the Center has reason to believe an 

22 imminent hazard will result from failing to 

23 so notify the alleged perpetrator; or 

24 ‘‘(ii) law enforcement— 


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1 ‘‘(I) authorizes the Center to take 

2 such action; or 

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

4 fails to respond to the Center with re5 spect to, the allegation within 72 hours 

6 after the time at which the Center re7 ports to law enforcement under sub8 paragraph (B);’’; 

9 (iv) in subparagraph (F), as so redes10 ignated, by inserting ‘‘, including commu11 nications,’’ after ‘‘interactions’’; 

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

13 so redesignated, to read as follows: 

14 ‘‘(G) procedures to prohibit retaliation by 

15 the corporation or any national governing body 

16 against any individual who makes— 

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

18 or (E); or 

19 ‘‘(ii) any other report relating to abuse 

20 of any amateur athlete, including emo21 tional, physical, and sexual abuse;’’; 

22 (vi) in subparagraph (H), as so redes23 ignated, by striking ‘‘; and’’ and inserting 

24 a semicolon; 


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1 (vii) in subparagraph (I), as so redes2 ignated, by striking the period at the end of 

3 clause (ii) and inserting a semicolon; and 

4 (viii) by adding at the end the fol5 lowing: 

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

7 of the Center under section 220541(a)(4) of any 

8 evidence relating to other sexual behavior or the 

9 sexual predisposition of the alleged victim, or the 

10 admission of any such evidence in arbitration, 

11 unless the probative value of the use or admis12 sion of such evidence, as determined by the Cen13 ter or the arbitrator, as applicable, substantially 

14 outweighs the danger of— 

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

16 and 

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

18 and 

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

22 and other investigative activities.’’. 

23 (f) RECORDS, AUDITS, AND REPORTS.—Section 

24 220543 of title 36, United States Code, is amended— 


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

2 following: 

3 ‘‘(b) AUDITS AND TRANSPARENCY.— 

4 ‘‘(1) ANNUAL AUDIT.— 

5 ‘‘(A) IN GENERAL.—Not less frequently than 

6 annually, the financial statements of the Center 

7 for the preceding fiscal year shall be audited by 

8 an independent auditor in accordance with gen9 erally accepted accounting principles— 

10 ‘‘(i) to ensure the adequacy of the in11 ternal controls of the Center; and 

12 ‘‘(ii) to prevent waste, fraud, or misuse 

13 of funds transferred to the Center by the 

14 corporation or the national governing bod15 ies. 

16 ‘‘(B) LOCATION.—An audit under subpara17 graph (A) shall be conducted at the location at 

18 which the financial statements of the Center nor19 mally are kept. 

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

21 after the date on which an audit under subpara22 graph (A) is completed, the independent auditor 

23 shall issue an audit report. 

24 ‘‘(D) CORRECTIVE ACTION PLAN.— 


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1 ‘‘(i) IN GENERAL.—On completion of 

2 the audit report under subparagraph (C) 

3 for a fiscal year, the Center shall prepare, 

4 in a separate document, a corrective action 

5 plan that responds to any corrective action 

6 recommended by the independent auditor. 

7 ‘‘(ii) MATTERS TO BE INCLUDED.—A 

8 corrective action plan under clause (i) shall 

9 include the following for each such correc10 tive action: 

11 ‘‘(I) The name of the person re12 sponsible for the corrective action. 

13 ‘‘(II) A description of the planned 

14 corrective action. 

15 ‘‘(III) The anticipated completion 

16 date of the corrective action. 

17 ‘‘(IV) In the case of a rec18 ommended corrective action based on a 

19 finding in the audit report with which 

20 the Center disagrees, or for which the 

21 Center determines that corrective ac22 tion is not required, an explanation 

23 and a specific reason for noncompli24 ance with the recommendation. 


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

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

3 Center shall provide the independent auditor access to 

4 all records, documents, and personnel and financial 

5 statements of the Center necessary to carry out the 

6 audit. 

7 ‘‘(3) PUBLIC AVAILABILITY.— 

8 ‘‘(A) IN GENERAL.—The Center shall make 

9 available to the public on an easily accessible 

10 internet website of the Center— 

11 ‘‘(i) each audit report under para12 graph (1)(C); 

13 ‘‘(ii) the Internal Revenue Service 

14 Form 990 of the Center for each year, filed 

15 under section 501(c) of the Internal Revenue 

16 Code of 1986; and 

17 ‘‘(iii) the minutes of the quarterly 

18 meetings of the board of directors of the 

19 Center. 

20 ‘‘(B) PERSONALLY IDENTIFIABLE INFORMA21 TION.—An audit report or the minutes made 

22 available under subparagraph (A) shall not in23 clude the personally identifiable information of 

24 any individual. 


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1 ‘‘(4) RULE OF CONSTRUCTION.—For purposes of 

2 this subsection, the Center shall be considered a pri3 vate entity. 

4 ‘‘(c) REPORT.—The Center shall submit an annual re5 port to Congress, including— 

6 ‘‘(1) a strategic plan with respect to the manner 

7 in which the Center shall fulfill its duties under sec8 tions 220541 and 220542; 

9 ‘‘(2) a detailed description of the efforts made by 

10 the Center to comply with such strategic plan during 

11 the preceding year; 

12 ‘‘(3) any financial statement necessary to 

13 present fairly the assets, liabilities, and surplus or 

14 deficit of the Center for the preceding year; 

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

16 of such assets, liabilities, and surplus or deficit dur17 ing the preceding year; 

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

19 including— 

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

21 complaints referred to the Center; 

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

23 misconduct complaints under investigation by 

24 the Center; 


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1 ‘‘(C) the number of misconduct complaints 

2 for which an investigation was terminated or 

3 otherwise closed by the Center; and 

4 ‘‘(D) the number of such misconduct com5 plaints reported to law enforcement agencies by 

6 the Center for further investigation; 

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

8 retaliation made during the preceding year by an of9 ficer or employee of the Center or a contractor or sub10 contractor of the Center that includes— 

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

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

13 ‘‘(7) information relating to the educational ac14 tivities and trainings conducted by the office of edu15 cation and outreach of the Center during the pre16 ceding year, including the number of educational ac17 tivities and trainings developed and provided; and 

18 ‘‘(8) a description of the activities of the Center. 

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

20 ‘‘(1) ‘audit report’ means a report by an inde21 pendent auditor that includes— 

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

23 that presents the assessment of the independent 

24 auditor with respect to the financial records of 

25 the Center, including whether such records are 


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1 accurate and have been maintained in accord2 ance with generally accepted accounting prin3 ciples; 

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

5 used by the Center that describes the scope of 

6 testing of the internal controls and the results of 

7 such testing; and 

8 ‘‘(C) a compliance assessment that includes 

9 an opinion or a disclaimer of opinion as to 

10 whether the Center has complied with the terms 

11 and conditions of subsection (b); and 

12 ‘‘(2) ‘independent auditor’ means an inde13 pendent certified public accountant or independent li14 censed public accountant, certified or licensed by a 

15 regulatory authority of a State or a political subdivi16 sion of a State, who meets the standards specified in 

17 generally accepted accounting principles.’’. 

18 SEC. 8. EXEMPTION FROM AUTOMATIC STAY IN BANK19 RUPTCY CASES. 

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

21 amended— 

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

23 end; 

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

25 the end and inserting ‘‘; and’’; and 


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1 (3) by inserting after paragraph (28) the fol2 lowing: 

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

4 any action by— 

5 ‘‘(A) an amateur sports organization, as de6 fined in section 220501(b) of title 36, to replace 

7 a national governing body, as defined in that 

8 section, under section 220528 of that title; or 

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

10 220501(b) of title 36, to revoke the recognition of 

11 a national governing body, as defined in that 

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

13 SEC. 9. ENHANCED CHILD ABUSE REPORTING. 

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

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

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

17 inserting the following: ‘‘adult who— 

18 ‘‘(A) is authorized’’; 

19 (2) in subparagraph (A), as so designated, by in20 serting ‘‘or’’ after the semicolon at the end; and 

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

22 ‘‘(B) is an employee or representative of the 

23 United States Center for SafeSport;’’. 


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1 SEC. 10. COMMISSION ON THE STATE OF U.S. OLYMPICS 

2 AND PARALYMPICS. 

3 (a) ESTABLISHMENT.—There is established within the 

4 legislative branch a commission, to be known as the ‘‘Com5 mission on the State of U.S. Olympics and Paralympics’’ 

6 (referred to in this section as the ‘‘Commission’’). 

7 (b) COMPOSITION.— 

8 (1) IN GENERAL.—The Commission shall be com9 posed of 16 members, of whom— 

10 (A) 4 members shall be appointed by the 

11 chairman of the Committee on Commerce, 

12 Science, and Transportation of the Senate; 

13 (B) 4 members shall be appointed by the 

14 ranking member of the Committee on Commerce, 

15 Science, and Transportation of the Senate; 

16 (C) 4 members shall be appointed by the 

17 chairman of the Committee on Energy and Com18 merce of the House of Representatives; and 

19 (D) 4 members shall be appointed by the 

20 ranking member of the Committee on Energy 

21 and Commerce of the House of Representatives. 

22 (2) CO-CHAIRS.—Of the members of the Commis23 sion— 

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

25 chairman of the Committee on Commerce, 

26 Science, and Transportation of the Senate; and 


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

2 chairman of the Committee on Energy and Com3 merce of the House of Representatives. 

4 (3) QUALIFICATIONS.— 

5 (A) IN GENERAL.—Each member appointed 

6 to the Commission shall have— 

7 (i) experience in— 

8 (I) amateur or professional ath9 letics; 

10 (II) athletic coaching; 

11 (III) public service relating to 

12 sports; or 

13 (IV) professional advocacy for in14 creased minority participation in 

15 sports; or 

16 (ii) expertise in bullying prevention 

17 and the promotion of a healthy organiza18 tional culture. 

19 (B) OLYMPIC OR PARALYMPIC ATHLETES.— 

20 Not fewer than 8 members appointed under 

21 paragraph (1) shall be Olympic or Paralympic 

22 athletes. 

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

24 the date on which the last member is appointed under para25 graph (1), the Commission shall hold an initial meeting. 


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

2 constitute a quorum. 

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

4 the Commission shall be prohibited. 

5 (f) STAFF.—The co-chairs of the Commission shall ap6 point an executive director of the Commission, and such 

7 staff as appropriate, with compensation. 

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

9 1 or more public hearings. 

10 (h) TRAVEL EXPENSES.—Members of the Commission 

11 shall serve without pay, but shall receive travel expenses in 

12 accordance with sections 5702 and 5703 of title 5, United 

13 States Code. 

14 (i) DUTIES OF COMMISSION.— 

15 (1) STUDY.— 

16 (A) IN GENERAL.—The Commission shall 

17 conduct a study on matters relating to the state 

18 of United States participation in the Olympic 

19 and Paralympic Games. 

20 (B) MATTERS STUDIED.—The study under 

21 subparagraph (A) shall include— 

22 (i) a description of proposed reforms to 

23 the structure of the United States Olympic 

24 and Paralympic Committee; 


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1 (ii) an assessment as to whether the 

2 board of directors of the United States 

3 Olympic and Paralympic Committee in4 cludes diverse members, including athletes; 

5 (iii) an assessment of United States 

6 athlete participation levels in the Olympic 

7 and Paralympic Games; 

8 (iv) a description of the status of any 

9 United States Olympic and Paralympic 

10 Committee licensing arrangement; 

11 (v) an assessment as to whether the 

12 United States is achieving the goals for the 

13 Olympic and Paralympic Games set by the 

14 United States Olympic and Paralympic 

15 Committee; 

16 (vi) an analysis of the participation in 

17 amateur athletics of— 

18 (I) women; 

19 (II) disabled individuals; and 

20 (III) minorities; 

21 (vii) a description of ongoing efforts by 

22 the United States Olympic and Paralympic 

23 Committee to recruit the Olympic and 

24 Paralympic Games to the United States; 


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1 (viii) an evaluation of the functions of 

2 the national governing bodies (as defined in 

3 section 220502 of title 36, United States 

4 Code) and an analysis of the responsiveness 

5 of the national governing bodies to athletes 

6 with respect to the duties of the national 

7 governing bodies under section 220524(a)(3) 

8 of title 36, United States Code; and 

9 (ix) an assessment of the finances and 

10 the financial organization of the United 

11 States Olympic and Paralympic Com12 mittee. 

13 (2) REPORT.— 

14 (A) IN GENERAL.—Not later than 270 days 

15 after the date of the enactment of this Act, the 

16 Commission shall submit to Congress a report on 

17 the results of the study conducted under para18 graph (1), including a detailed statement of 

19 findings, conclusions, recommendations, and sug20 gested policy changes. 

21 (B) PUBLIC AVAILABILITY.—The report re22 quired by subparagraph (A) shall be made avail23 able to the public on an internet website of the 

24 United States Government that is available to 

25 the public. 


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1 (j) POWERS OF COMMISSION.— 

2 (1) SUBPOENA AUTHORITY.—The Commission 

3 may subpoena an individual the testimony of whom 

4 may be relevant to the purpose of the Commission. 

5 (2) FURNISHING INFORMATION.—On request by 

6 the executive director of the Commission, the head of 

7 a Federal agency shall furnish information to the 

8 Commission. 

9 (k) TERMINATION OF COMMISSION.—The Commission 

10 shall terminate 90 days after the date on which the Com11 mission submits the report under subsection (i)(2). 

12 (l) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated such sums as may be nec14 essary to carry out this section. 

15 SEC. 11. PROTECTING ABUSE VICTIMS FROM RETALIATION. 

16 (a) DEFINITIONS.—Section 220501(b) of title 36, 

17 United States Code, as amended by section 6(a)(2), is fur18 ther amended— 

19 (1) by redesignating paragraphs (8), (9), and 

20 (10) as paragraphs (9), (10), and (14), respectively; 

21 and 

22 (2) by inserting after paragraph (7) the fol23 lowing: 

24 ‘‘(8) ‘covered entity’ means— 

25 ‘‘(A) an officer or employee of the Center; 


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1 ‘‘(B) a coach, trainer, manager, adminis2 trator, or other employee or official associated 

3 with the corporation or a national governing 

4 body; 

5 ‘‘(C) the Department of Justice; 

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

7 authority; 

8 ‘‘(E) a Federal or State entity responsible 

9 for receiving reports of child abuse; 

10 ‘‘(F) the Equal Employment Opportunity 

11 Commission or other State or Federal entity 

12 with responsibility over claims of sexual harass13 ment; or 

14 ‘‘(G) any other person who the protected in15 dividual reasonably believes has authority to in16 vestigate or act on information relating to abuse, 

17 including— 

18 ‘‘(i) emotional, physical, or sexual 

19 abuse; and 

20 ‘‘(ii) sexual harassment.’’; and 

21 (3) by inserting after paragraph (10), as so re22 designated, the following: 

23 ‘‘(11) ‘protected disclosure’ means any lawful act 

24 of a protected individual, or in the case of a protected 


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1 individual who is a minor, an individual acting on 

2 behalf of a protected individual— 

3 ‘‘(A) to provide information to, cause infor4 mation to be provided to, or otherwise assist in 

5 an investigation by a covered entity (or to be 

6 perceived as providing information to, causing 

7 information to be provided to, or otherwise as8 sisting in such an investigation) relating to 

9 abuse, including— 

10 ‘‘(i) emotional, physical, or sexual 

11 abuse; 

12 ‘‘(ii) sexual harassment; and 

13 ‘‘(iii) a violation of anti-abuse policies, 

14 practices, and procedures established pursu15 ant to paragraph (3) of section 220541(a) 

16 and paragraph (2) of section 220542(a); 

17 ‘‘(B) to file, cause to be filed, testify, par18 ticipate in, or otherwise assist in a proceeding 

19 filed or about to be filed (or be perceived as fil20 ing, causing to be filed, testifying, participating 

21 in, or otherwise assisting in such an investiga22 tion) relating to abuse, including— 

23 ‘‘(i) emotional, physical, or sexual 

24 abuse; 

25 ‘‘(ii) sexual harassment; and 


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1 ‘‘(iii) a violation of anti-abuse policies 

2 and procedures established pursuant to 

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

4 paragraph (2) of section 220542(a); 

5 ‘‘(C) in communication with Congress; or 

6 ‘‘(D) in the case of an amateur athlete, in 

7 communication with the Office of the Athlete 

8 Ombudsman. 

9 ‘‘(12) ‘protected individual’ means any— 

10 ‘‘(A) amateur athlete, coach, medical profes11 sional, or trainer associated with the corporation 

12 or a national governing body; or 

13 ‘‘(B) any official or employee of the cor14 poration, a national governing body, or a con15 tractor or subcontractor of the corporation or a 

16 national governing body. 

17 ‘‘(13) ‘retaliation’ means any adverse or dis18 criminatory action, or the threat of an adverse or dis19 criminatory action, carried out against a protected 

20 individual because of any protected disclosure, includ21 ing— 

22 ‘‘(A) discipline; 

23 ‘‘(B) discrimination regarding pay, terms, 

24 or privileges; 

25 ‘‘(C) removal from a training facility; 


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1 ‘‘(D) reduced coaching or training; 

2 ‘‘(E) reduced meals or housing; and 

3 ‘‘(F) removal from competition.’’. 

4 (b) RESOLUTION OF DISPUTES.—Section 220509 of 

5 title 36, United States Code, is amended— 

6 (1) in subsection (a), in the first sentence, by in7 serting ‘‘complaints of retaliation or’’ after ‘‘relating 

8 to’’; and 

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

10 ‘‘(c) RETALIATION.— 

11 ‘‘(1) IN GENERAL.—The corporation, the na12 tional governing bodies, or any officer, employee, con13 tractor, subcontractor, or agent of the corporation or 

14 a national governing body may not retaliate against 

15 any protected individual because of any protected dis16 closure. 

17 ‘‘(2) REPORTING, INVESTIGATION, AND ARBITRA18 TION.—The corporation shall establish mechanisms 

19 for the reporting, investigation, and resolution 

20 (through binding third-party arbitration) of com21 plaints of alleged retaliation. 

22 ‘‘(3) DISCIPLINARY ACTION.—If the corporation 

23 finds that an officer or employee of the corporation or 

24 a national governing body (or any contractor, subcon25 tractor, or agent of the corporation or a national govVerDate Sep 11 2014 23:34 Jul 29, 2020 Jkt 099200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6203 E:\BILLS\S2330.RS S2330

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1 erning body) has retaliated against a protected indi2 vidual, the corporation or national governing body, as 

3 applicable, shall take appropriate disciplinary action 

4 with respect to any such individual found to have re5 taliated against the protected individual. 

6 ‘‘(4) REMEDIES.— 

7 ‘‘(A) IN GENERAL.—If the corporation finds 

8 that an officer or employee of the corporation or 

9 a national governing body (or any contractor, 

10 subcontractor, or agent of the corporation or a 

11 national governing body) has retaliated against 

12 a protected individual, the corporation or na13 tional governing body, as applicable, shall 

14 promptly— 

15 ‘‘(i) take affirmative action to abate 

16 the violation; 

17 ‘‘(ii) reinstate the complainant to the 

18 former position with the same pay and 

19 terms and privileges; and 

20 ‘‘(iii) pay compensatory damages, in21 cluding economic damages (including back22 pay with interest) and any special damages 

23 sustained as a result of the retaliation, in24 cluding damages for pain and suffering, 

25 reasonable attorney fees, and costs. 


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1 ‘‘(B) REIMBURSEMENT FROM NATIONAL

2 GOVERNING BODY.—In the case of a national 

3 governing body found to have retaliated against 

4 a protected individual, the corporation may de5 mand reimbursement from the national gov6 erning body for damages paid by the corporation 

7 under subparagraph (A). 

8 ‘‘(5) ENFORCEMENT ACTION AND PROCE9 DURES.— 

10 ‘‘(A) IN GENERAL.—If the corporation has 

11 not issued a final decision within 180 days of 

12 the filing of the complaint and there is no show13 ing that such delay is due to the bad faith of the 

14 complainant, the complainant may bring an ac15 tion at law or equity for de novo review in the 

16 appropriate district court of the United States, 

17 which shall have jurisdiction over such an action 

18 without regard to the amount in controversy. 

19 ‘‘(B) JURY TRIAL.—A party to an action 

20 brought under paragraph (A) shall be entitled to 

21 trial by jury. 

22 ‘‘(C) RELIEF.—The court shall have juris23 diction to grant all relief under paragraph (4). 

24 ‘‘(6) STATUTE OF LIMITATIONS.—An action 

25 under paragraph (2) shall be commenced not later 


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1 than 2 years after the date on which the violation oc2 curs, or after the date on which the protected indi3 vidual became aware of the violation. 

4 ‘‘(7) BURDENS OF PROOF.— An action under 

5 paragraph (2) or (5) shall be governed as follows: 

6 ‘‘(A) REQUIRED SHOWING BY COMPLAIN7 ANT.—The corporation shall dismiss a complaint 

8 filed under this subsection and shall not conduct 

9 an investigation unless the complainant makes a 

10 prima facie showing that any retaliation was a 

11 contributing factor in the action alleged in the 

12 complaint. 

13 ‘‘(B) CRITERIA FOR DETERMINATION BY

14 THE ARBITRATION.—The arbitration may deter15 mine that a violation of paragraph (1) has oc16 curred only if the complainant demonstrates that 

17 the retaliation was a contributing factor in the 

18 action alleged in the complaint. 

19 ‘‘(C) PROHIBITION.—Relief may not be or20 dered under paragraph (4) if the corporation or 

21 national governing body, as applicable, dem22 onstrates by clear and convincing evidence that 

23 the corporation or national governing body 

24 would have taken the same action in the absence 

25 of that behavior. 


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1 ‘‘(8) REVIEW.—Any person adversely affected or 

2 aggrieved by an order issued under paragraph (4) 

3 may obtain review of the order in the United States 

4 Court of Appeals for the circuit in which the viola5 tion, with respect to which the order was issued, alleg6 edly occurred or the circuit in which the complainant 

7 resided on the date of such violation. The petition for 

8 review shall be filed not later than 60 days after the 

9 date of the issuance of the arbitration decision of the 

10 corporation. Review shall conform to chapter 7 of title 

11 5, United States Code. The commencement of pro12 ceedings under this paragraph shall not, unless or13 dered by the court, operate as a stay of the order. 

14 ‘‘(9) RIGHTS RETAINED.—Nothing in this sub15 section shall be deemed to diminish the rights, privi16 leges, or remedies of any employee or other individual 

17 under any Federal or State law, or under any collec18 tive bargaining agreement. 

19 ‘‘(10) NONENFORCEABILITY OF CERTAIN PROVI20 SIONS WAIVING RIGHTS AND REMEDIES.—The rights 

21 and remedies provided for in this subsection may not 

22 be waived by any agreement, policy form, or condi23 tion of employment or association with the corpora24 tion or a national governing body.’’. 


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1 (c) ELIGIBILITY REQUIREMENTS FOR NATIONAL GOV2 ERNING BODIES.—Section 220522 of title 36, United States 

3 Code, as amended by section 6(b), is further amended— 

4 (1) in clause (ii) of paragraph (17)(C), by strik5 ing ‘‘; and’’ and inserting a semicolon; 

6 (2) in paragraph (18), by striking the period at 

7 the end and inserting ‘‘; and’’; and 

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

9 ‘‘(19) provides protection from retaliation to pro10 tected individuals.’’. 

11 SEC. 12. SEVERABILITY. 

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

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

14 the remaining provisions of this Act and the amendments 

15 made by this Act shall not be affected. 


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Calendar No. 503 

116TH CONGRESS 

2D SESSION S. 2330 

[Report No. 116–245] 

A BILL 

To amend the Ted Stevens Olympic and Amateur 

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

JULY 29, 2020 

Reported with an amendment 


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