Title: Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020
Policy area: Sports and Recreation

Summary:
Empowering Olympic and Amateur Athletes Act of 2019
This bill establishes safeguards to protect amateur athletes from abuse, including sexual abuse, by coaches and employees in U.S. Olympic and Paralympic sports.
The bill establishes (1) legislative mechanisms by which Congress can dissolve the Board of Directors of the U.S. Olympic and Paralympic Committee (USOPC) and decertify national governing bodies; and (2) a duty of care that USOPC owes to amateur athletes, including protecting athletes by requiring it to ensure that any allegation of child abuse of an amateur athlete who is a minor is immediately reported to law enforcement.
The bill revises duties of the Office of the Ombudsman regarding the pursuit of abuse claims by the U.S. Center for Safe Sport, confidentiality, and retaliation against an employee or member for disclosing information or seeking assistance in mediation. The USOPC and the national governing bodies shall not interfere in or attempt to influence the outcome of an investigation.
The center shall report to Congress within 72 hours of an attempt to interfere in, or influence the outcome of, an investigation.

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

<DOC>






116th CONGRESS
  1st Session
                                S. 2330

To amend the Ted Stevens Olympic and Amateur Sports Act to provide for 
congressional oversight of the board of directors of the United States 
 Olympic and Paralympic Committee and to protect amateur athletes from 
     emotional, physical, and sexual abuse, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 30, 2019

  Mr. Moran (for himself and Mr. Blumenthal) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To amend the Ted Stevens Olympic and Amateur Sports Act to provide for 
congressional oversight of the board of directors of the United States 
 Olympic and Paralympic Committee and to protect amateur athletes from 
     emotional, physical, and sexual abuse, and for other purposes.

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

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS.

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

SEC. 3. UNITED STATES OLYMPIC AND PARALYMPIC COMMITTEE.

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

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

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

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

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

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

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

            (2) by adding at the end the following:

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

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

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

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

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

``220511. Reports and audits.''.

SEC. 6. MODIFICATIONS TO NATIONAL GOVERNING BODIES.

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

SEC. 7. MODIFICATIONS TO UNITED STATES CENTER FOR SAFE SPORT.

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

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

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