S. 2330 — what changed

changed This Act may be cited as the “Empowering Olympic Olympic, Paralympic, and Amateur Athletes Act of 2019”.2020”.

Congress makes the following findings:

added Section 220501(b) of title 36, United States Code, is amended—

removed “(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.”

added “(8) national governing body means an amateur sports organization, a high-performance management organization, or a paralympic sports organization that is certified by the corporation under section 220521.”

added “(4) Athletes' Advisory Council means the entity established and maintained under section 220504(b)(2)(A) that—

added “(A) is composed of, and elected by, amateur athletes to ensure communication between the corporation and currently active amateur athletes; and

added “(B) serves as a source of amateur-athlete opinion and advice with respect to policies and proposed policies of the corporation.”

added “(10) protected individual means any amateur athlete, coach, trainer, manager, administrator, or official associated with the corporation or a national governing body.

added “(11) retaliation means any adverse or discriminatory action, or the threat of an adverse or discriminatory action, including removal from a training facility, reduced coaching or training, reduced meals or housing, and removal from competition, carried out against a protected individual as a result of any communication, including the filing of a formal complaint, by the protected individual or a parent or legal guardian of the protected individual relating to the allegation of physical abuse, sexual harassment, or emotional abuse, with—

added “(A) the Center;

added “(B) a coach, trainer, manager, administrator, or official associated with the corporation;

added “(C) the Attorney General;

added “(D) a Federal or State law enforcement authority;

added “(E) the Equal Employment Opportunity Commission; or

added “(F) Congress.”

changed “V Dissolution of board of directors of corporation “(c) References to United States Olympic Association and termination of recognition of national governing bodiesUnited 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.”

added “(4) certify national governing bodies for any sport that is included on the program of the Olympic Games, the Paralympic Games, the Pan-American Games, or the Parapan American Games;”

added “(B) any Pan-American Games or Parapan American Games, for a sport in which competition is held in the Pan-American Games or the Parapan American Games, as applicable, but not in the Olympic Games or the Paralympic Games.”

removed “220551. Definitions

removed “In this subchapter, the term joint resolution means a joint resolution—

removed “(1) which does not have a preamble; and

removed “(2) for which—

removed “(A)

removed “(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

removed “(ii) the matter after the resolving clause—

removed “(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

removed “(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

removed “(B)

removed “(i) the title is only as follows: “A joint resolution relating to terminating the recognition of a national governing body”; and

removed “(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.

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

removed “(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.

removed “(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.

removed “220553. Joint resolution

removed “(a) Referral and reporting

removed “(1) House of Representatives

removed “(A) In general—In the House of Representatives, a joint resolution shall be referred to the Committee on Energy and Commerce.

removed “(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.

removed “(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—

removed “(i) the joint resolution is reported by the Committee on Energy and Commerce; or

removed “(ii) the Committee on Energy and Commerce is discharged from further consideration of the joint resolution under subparagraph (B).

removed “(2) Senate

removed “(A) In general—In the Senate, a joint resolution shall be referred to the Committee on Commerce, Science, and Transportation.

removed “(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.

removed “(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—

removed “(i) the joint resolution is reported by the Committee on Commerce, Science, and Transportation; or

removed “(ii) the Committee on Commerce, Science, and Transportation is discharged from further consideration of the joint resolution under subparagraph (B).

removed “(b) Expedited consideration in House of Representatives

removed “(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.

removed “(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.

removed “(c) Expedited procedure in senate

removed “(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.

removed “(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.

removed “(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.

removed “(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.

removed “(d) Amendments not in order—A joint resolution shall not be subject to amendment in either the House of Representatives or the Senate.

removed “(e) Rules to coordinate action with other house

removed “(1) Treatment of joint resolution of other house

removed “(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—

removed “(i) shall be entitled to expedited floor procedures described under this section; and

removed “(ii) may be referred in the receiving chamber or may be held at the desk.

removed “(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.

removed “(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.

removed “(f) Rulemaking function—This section is enacted by Congress—

removed “(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

removed “(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.”

removed “(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.”

removed “(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;

removed “(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”

removed “(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.”

removed “(d) Duty of care

removed “(1) In general—The corporation owes to amateur athletes a duty of care—

removed “(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);

removed “(B) to immediately report to law enforcement any allegation of child abuse of an amateur athlete who is a minor;

removed “(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—

removed “(i) the polices and procedures developed under paragraph (3) of section 220541(a); and

removed “(ii) the requirement described in paragraph (2)(A) of section 220542(a); and

removed “(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.

removed “(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.”

removed “(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.”

removed “(2) Hiring procedures; vacancy; termination

removed “(A) Hiring procedures—The procedure”

removed “(C) Termination—The corporation”

removed “(B) Vacancy—If there is”

removed “(1) In general—The corporation shall hire and provide salary, benefits, and administrative expenses for an ombudsman and support staff for athletes.

removed “(2) Duties—The ombudsman shall—”

removed “(C) provide independent advice to reporting parties with respect to—

removed “(i) the role, responsibility, and authority of the Center;

removed “(ii) the relative merits of engaging legal counsel; and

removed “(iii) the factual allegations that may support the ability of the Center to pursue a claim of abuse; and”

removed “(4) Confidentiality

removed “(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.

removed “(B) Exception—The ombudsman may disclose information described in subparagraph (A) as necessary to resolve or mediate a dispute.

removed “(C) Judicial and administrative proceedings

removed “(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.

removed “(ii) Work product—Any memorandum, work product, notes, or case file of the office of the ombudsman—

removed “(I) shall be confidential; and

removed “(II) shall not be—

removed “(aa) subject to discovery, subpoena, or any other means of legal compulsion; or

removed “(bb) admissible as evidence in a judicial or administrative proceeding.

removed “(D) Applicability—The confidentiality requirements under this paragraph shall not apply to information relating to—

removed “(i) applicable federally mandated reporting requirements;

removed “(ii) a felony personally witnessed by a member of the office of the ombudsman;

removed “(iii) a situation, communicated to the office of the ombudsman, in which an individual is at imminent risk of serious harm; or

removed “(iv) a congressional subpoena.

removed “(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.

removed “(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.”

added “V Dissolution of board of directors of corporation and termination of recognition of national governing bodies

added “220551. Definitions

added “In this subchapter, the term joint resolution means a joint resolution—

added “(1) which does not have a preamble; and

added “(2) for which—

added “(A)

added “(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

added “(ii) the matter after the resolving clause—

added “(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

added “(II) prescribes adequate procedures for forming a board of directors of the corporation as expeditiously as possible and in a manner that safeguards the membership and voting power of the representatives of amateur athletes at all times, consistent with the membership and voting power of amateur athletes under section 220504(b)(2); or

added “(B)

added “(i) the title is only as follows: “A joint resolution relating to terminating the recognition of a national governing body”; and

added “(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.

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

added “(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.

added “(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.”

removed “(4) a description of any lawsuit or grievance filed against the corporation, including any dispute initiated under this chapter; and

removed “(5) the agenda and minutes of any meeting of the board of directors of the corporation.”

removed “(c) Audit

removed “(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—

removed “(A) an independent certified public accountant; or

removed “(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.

removed “(2) Location—An audit under paragraph (1) shall be conducted at the location at which the financial statements of the corporation normally are kept.

removed “(3) Access—An individual conducting an audit under paragraph (1) shall be given access to—

removed “(A) all records and property owned or used by the corporation, as necessary to facilitate the audit; and

removed “(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.

removed “(4) Report

removed “(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.

removed “(B) Matters to be included—Each report under subparagraph (A) shall include the following for the applicable fiscal year:

removed “(i) Any statement necessary to present fairly the assets, liabilities, and surplus or deficit of the corporation.

removed “(ii) An analysis of the changes in the amounts of such assets, liabilities, and surplus or deficit.

removed “(iii) A detailed statement of the income and expenses of the corporation, including the results of any trading, manufacturing, publishing, or other commercial endeavor.

removed “(iv) A detailed statement of the amounts spent on stipends and services for athletes.

removed “(v) A detailed statement of the amounts allocated to the national governing bodies.

removed “(vi) Such comments and information as the auditor considers necessary to inform Congress of the financial operations and condition of the corporation.

removed “(vii) Recommendations relating to the financial operations and condition of the corporation.

removed “(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.”

removed “(10) ensures that the selection criteria for individuals and teams that represent the United States are as objective as possible;”

removed “(13) demonstrates, based on guidelines approved by the corporation, the Athletes' Advisory Council, and the National Governing Bodies' Council, that—

removed “(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—

removed “(i) are elected by amateur athletes; and

removed “(ii) are actively engaged in amateur athletic competition in the sport for which recognition is sought;

removed “(B) any exception to such guidelines by such organization has been approved by—

removed “(i) the corporation; and

removed “(ii) the Athletes' Advisory Council; and

removed “(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;”

added “(16) to effectively oversee the national governing bodies with respect to compliance with and implementation of the policies and procedures of the corporation, including policies and procedures on the establishment of a safe environment in sports as described in paragraph (15).”

added “(2) amateur athletes who are actively engaged in amateur athletic competition or who have represented the United States in international amateur athletic competition, including through provisions that—

added “(A) establish and maintain an Athletes' Advisory Council;

added “(B) ensure that the chair of the Athletes' Advisory Council, or the designee of the chair, holds voting power on the board of directors of the corporation and in the committees and entities of the corporation;

added “(C) require that—

added “(i) not less than 1/3 of the membership of the board of directors of the corporation shall be composed of, and elected by, such amateur athletes; and

added “(ii) not less than 20 percent of the membership of the board of directors of the corporation shall be composed of amateur athletes who—

added “(I) are actively engaged in representing the United States in international amateur athletic competition; or

added “(II) have represented the United States in international amateur athletic competition during the preceding 10-year period; and

added “(D) ensure that the membership and voting power held by such amateur athletes is not less than 1/3 percent of the membership and voting power held in the board of directors of the corporation and in the committees and entities of the corporation, including any panel empowered to resolve grievances;”

removed “(17) commits to meeting any minimum standard or requirement set forth by the corporation.”

removed “(a) In general—For the sport”

added “(c) Conflict of interest—An athlete who represents athletes under subsection (b)(2) shall not be employed by the Center, or serve in a capacity that exercises decision-making authority on behalf of the Center, during the 2-year period beginning on the date on which the athlete ceases such representation.

added “(d) Certification requirements—The bylaws of the corporation shall include a description of all generally applicable certification requirements for membership in the corporation.”

removed “(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;

removed “(11) promote a safe environment in sports that is free from abuse of any amateur athlete, including emotional, physical, and sexual abuse;

removed “(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;

removed “(13) immediately report to law enforcement any allegation of child abuse of an amateur athlete who is a minor; and

removed “(14) have in place policies and procedures to report immediately any allegation of child abuse of an amateur athlete, consistent with—

removed “(A) the policies and procedures developed under paragraph (3) of section 220541(a); and

removed “(B) the requirement described in paragraph (2)(A) of section 220542(a).”

added “(d) Duties

added “(1) In general—The duty of the corporation to amateur athletes includes the adoption, effective implementation, and enforcement of policies and procedures designed—

added “(A) to immediately report to law enforcement and the Center any allegation of child abuse of an amateur athlete who is a minor;

added “(B) to ensure that each national governing body has in place policies and procedures to report immediately any allegation of child abuse of an amateur athlete, consistent with—

added “(i) the policies and procedures developed under subparagraph (C) of section 220541(a)(1); and

added “(ii) the requirement described in paragraph (2)(A) of section 220542(a); and

added “(C) to ensure that each national governing body and the corporation enforces temporary measures and sanctions issued pursuant to the authority of the Center.

added “(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.”

added “(c) Policy with respect to assisting members or former members in obtaining jobs—The corporation shall develop 1 or more policies that prohibit any individual who is an employee, contractor, or agent of the corporation from assisting a member or former member in obtaining a new job (except the routine transmission of administrative and personnel files) if the individual knows that such member or former member violated the policies or procedures of the Center related to sexual misconduct or was convicted of a crime involving sexual misconduct with a minor in violation of applicable law.”

added “(d) Policy regarding terms and conditions of employment—The corporation shall establish a policy—

added “(1) not to disperse bonus or severance pay to any individual named as a subject of an ethics investigation by the ethics committee of the corporation, until such individual is cleared of wrongdoing by such investigation; and

added “(2) that provides that—

added “(A) if the ethics committee determines that an individual has violated the policies of the corporation—

added “(i) the individual is no longer entitled to bonus or severance pay previously withheld; and

added “(ii) the compensation committee of the corporation may reduce or cancel the withheld bonus or severance pay; and

added “(B) in the case of an individual who is the subject of a criminal investigation, the ethics committee shall investigate the individual.”

added “(b) Office of the Athlete Ombuds

added “(1) In general—The corporation shall hire and provide salary, benefits, and administrative expenses for an ombudsman and support staff for athletes.

added “(2) Duties—The Office of the Athlete Ombuds shall—

added “(A) provide independent advice to athletes at no cost about the applicable provisions of this chapter and the constitution and bylaws of the corporation, national governing bodies, international sports federations, the International Olympic Committee, the International Paralympic Committee, and the Pan-American Sports Organization, and with respect to the resolution of any dispute involving the opportunity of an amateur athlete to participate in the Olympic Games, the Paralympic Games, the Pan-American Games, the Parapan American Games, world championship competition or other protected competition as defined in the constitution and bylaws of the corporation;

added “(B) assist in the resolution of athlete concerns;

added “(C) provide independent advice to athletes with respect to—

added “(i) the role, responsibility, authority, and jurisdiction of the Center; and

added “(ii) the relative value of engaging legal counsel; and

added “(D) report to the Athletes' Advisory Council on a regular basis.

added “(3) Hiring procedures; vacancy; termination

added “(A) Hiring procedures—The procedure for hiring the ombudsman for athletes shall be as follows:

added “(i) The Athletes' Advisory Council shall provide the corporation's executive director with the name of 1 qualified person to serve as ombudsman for athletes.

added “(ii) The corporation's executive director shall immediately transmit the name of such person to the corporation's executive committee.

added “(iii) The corporation's executive committee shall hire or not hire such person after fully considering the advice and counsel of the Athletes' Advisory Council.

added “(B) Vacancy—If there is a vacancy in the position of the ombudsman for athletes, the nomination and hiring procedure set forth in this paragraph shall be followed in a timely manner.

added “(C) Termination—The corporation may terminate the employment of an individual serving as ombudsman for athletes only if—

added “(i) the termination is carried out in accordance with the applicable policies and procedures of the corporation;

added “(ii) the termination is initially recommended to the corporation's executive committee by either the corporation's executive director or by the Athletes' Advisory Council; and

added “(iii) the corporation's executive committee fully considers the advice and counsel of the Athletes' Advisory Council prior to deciding whether or not to terminate the employment of such individual.

added “(4) Confidentiality

added “(A) In general—The Office of the Athlete Ombuds shall maintain as confidential any information communicated or provided to the Office of the Athlete Ombuds in confidence in any matter involving the exercise of the official duties of the Office of the Athlete Ombuds.

added “(B) Exception—The Office of the Athlete Ombuds may disclose information described in subparagraph (A) as necessary to resolve or mediate a dispute, with the permission of the parties involved.

added “(C) Judicial and administrative proceedings

added “(i) In general—The ombudsman and the staff of the Office of the Athlete Ombuds shall not be compelled to testify or produce evidence in any judicial or administrative proceeding with respect to any matter involving the exercise of the duties of the Office of the Athlete Ombuds.

added “(ii) Work product—Any memorandum, work product, notes, or case file of the Office of the Athlete Ombuds—

added “(I) shall be confidential; and

added “(II) shall not be—

added “(aa) subject to discovery, subpoena, or any other means of legal compulsion; or

added “(bb) admissible as evidence in a judicial or administrative proceeding.

added “(D) Applicability—The confidentiality requirements under this paragraph shall not apply to information relating to—

added “(i) applicable federally mandated reporting requirements;

added “(ii) a felony personally witnessed by a member of the Office of the Athlete Ombuds;

added “(iii) a situation, communicated to the Office of the Athlete Ombuds, in which an individual is at imminent risk of serious harm; or

added “(iv) a congressional subpoena.

added “(E) Development of policy

added “(i) In general—Not later than 180 days after the date of the enactment of the Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020, the Office of the Athlete Ombuds shall develop and publish in the Federal Register a confidentiality and privacy policy consistent with this paragraph.

added “(ii) Distribution—The Office of the Athlete Ombuds shall distribute a copy of the policy developed under clause (i) to—

added “(I) employees of the national governing bodies; and

added “(II) employees of the corporation.

added “(iii) Publication by national governing bodies—Each national governing body shall—

added “(I) publish the policy developed under clause (i) on the internet website of the national governing body; and

added “(II) communicate to amateur athletes the availability of the policy.

added “(5) Prohibition on retaliation—No employee, contractor, agent, volunteer, or member of the corporation shall take or threaten to take any action against an athlete as a reprisal for disclosing information to or seeking assistance from the Office of the Athlete Ombuds.

added “(6) Independence in carrying out duties—The board of directors of the corporation or any other member or employee of the corporation shall not prevent or prohibit the Office of the Athlete Ombuds from carrying out any duty or responsibility under this section.”

added “(c) Retaliation

added “(1) In general—The corporation, the national governing bodies, or any officer, employee, contractor, subcontractor, or agent of the corporation or a national governing body may not retaliate against any protected individual as a result of any communication, including the filing of a formal complaint, by a protected individual or a parent or legal guardian of the protected individual relating to an allegation of physical abuse, sexual harassment, or emotional abuse.

added “(2) Disciplinary action—If the corporation finds that an employee of the corporation or a national governing body has retaliated against a protected individual, the corporation or national governing body, as applicable, shall immediately terminate the employment of, or suspend without pay, such employee.

added “(3) Damages

added “(A) In general—With respect to a protected individual the corporation finds to have been subject to retaliation, the corporation may award damages, including damages for pain and suffering and reasonable attorney fees.

added “(B) Reimbursement from national governing body—In the case of a national governing body found to have retaliated against a protected individual, the corporation may demand reimbursement from the national governing body for damages paid by the corporation under subparagraph (A).”

added “220511. Reports and audits

added “(a) Report

added “(1) Submission to President and Congress—Not less frequently than annually, the corporation shall submit simultaneously to the President and to each House of Congress a detailed report on the operations of the corporation for the preceding calendar year.

added “(2) Matters to be included—Each report required by paragraph (1) shall include the following:

added “(A) A comprehensive description of the activities and accomplishments of the corporation during such calendar year.

added “(B) Data concerning the participation of women, disabled individuals, and racial and ethnic minorities in the amateur athletic activities and administration of the corporation and national governing bodies.

added “(C) A description of the steps taken to encourage the participation of women, disabled individuals, and racial minorities in amateur athletic activities.

added “(D) A description of any lawsuit or grievance filed against the corporation, including any dispute initiated under this chapter.

added “(E) The agenda and minutes of any meeting of the board of directors of the corporation that occurred during such calendar year.

added “(F) A report by the compliance committee of the corporation that, with respect to such calendar year—

added “(i) identifies—

added “(I) the areas in which the corporation has met compliance standards; and

added “(II) the areas in which the corporation has not met compliance standards; and

added “(ii) assesses the compliance of each member of the corporation and provides a plan for improvement, as necessary.

added “(G) A detailed description of any complaint of retaliation made during such calendar year, including the entity involved, the number of allegations of retaliation, and the outcome of such allegations.

added “(3) Public availability—The corporation shall make each report under this subsection available to the public on an easily accessible internet website of the corporation.

added “(b) Audit

added “(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—

added “(A) an independent certified public accountant; or

added “(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.

added “(2) Location—An audit under paragraph (1) shall be conducted at the location at which the financial statements of the corporation normally are kept.

added “(3) Access—An individual conducting an audit under paragraph (1) shall be given full access to—

added “(A) all records and property owned or used by the corporation, as necessary to facilitate the audit; and

added “(B) any facility under audit for the purpose of verifying transactions, including any balance or security held by a depository, fiscal agent, or custodian.

added “(4) Report

added “(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 the Judiciary of the House of Representatives, and the chair of the Athletes’ Advisory Council.

added “(B) Matters to be included—Each report under subparagraph (A) shall include the following for the applicable fiscal year:

added “(i) Any statement necessary to present fairly the assets, liabilities, and surplus or deficit of the corporation.

added “(ii) An analysis of the changes in the amounts of such assets, liabilities, and surplus or deficit.

added “(iii) A detailed statement of the income and expenses of the corporation, including the results of any trading, manufacturing, publishing, or other commercial endeavor.

added “(iv) A detailed statement of the amounts spent on stipends and services for athletes.

added “(v) A detailed statement of the amounts spent on compensation and services for executives and administration officials of the corporation, including the 20 employees of the corporation who receive the highest amounts of compensation.

added “(vi) A detailed statement of the amounts allocated to the national governing bodies.

added “(vii) Such comments and information as the auditor considers necessary to inform Congress of the financial operations and condition of the corporation.

added “(viii) Recommendations relating to the financial operations and condition of the corporation.

added “(ix) A description of any financial conflict of interest (including a description of any recusal or other mitigating action taken), evaluated in a manner consistent with the policies of the corporation, of—

added “(I) a member of the board of directors of the corporation; or

added “(II) any senior management personnel of the corporation.

added “(C) Public availability

added “(i) In general—The corporation shall make each report under this paragraph available to the public on an easily accessible internet website of the corporation.

added “(ii) Personally identifiable information—A report made available under clause (i) shall not include the personally identifiable information of any individual.”

added “220513. Annual amateur athlete survey

added “(a) In general—Not less frequently than annually, the corporation shall cause an independent third-party organization, under contract, to conduct an anonymous survey of amateur athletes who are actively engaged in amateur athletic competition with respect to—

added “(1) their satisfaction with the corporation and the applicable national governing body; and

added “(2) the behaviors, attitudes, and feelings within the corporation and the applicable national governing body relating to sexual harassment and abuse.

added “(b) Consultation—A contract under subsection (a) shall require the independent third-party organization to develop the survey in consultation with the Center.

added “(c) Prohibition on interference—If the corporation or a national governing body makes any effort to undermine the independence of, introduce bias into, or otherwise influence a survey under subsection (a), such activity shall be reported immediately to Congress.

added “(d) Public availability—The corporation shall make the results of each such survey available to the public on an internet website of the corporation.”

removed “(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.”

removed “(A) a report under paragraph (1); or

removed “(B) any other report relating to abuse of any amateur athlete, including emotional, physical, and sexual abuse.”

added “(a) In general—With respect to each sport included on the program of the Olympic Games, the Paralympic Games, the Pan-American Games, or the Parapan American Games, the corporation—

added “(1) may certify as a national governing body an amateur sports organization, a high-performance management organization, or a paralympic sports organization that files an application and is eligible for such certification under section 220522; and

added “(2) may not certify more than 1 national governing body.”

added “(d) Review of certification—Not later than 8 years after the date of the enactment of the Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020, and not less frequently than once every 4 years thereafter, the corporation—

added “(1) shall review all matters related to the continued certification of an organization as a national governing body;

added “(2) may take action the corporation considers appropriate, including placing conditions on the continued certification of an organization as a national governing body;

added “(3) shall submit to Congress a summary report of each review under paragraph (1); and

added “(4) shall make each such summary report available to the public.”

added “(1) national governing bodies, including through provisions that establish and maintain a National Governing Bodies' Council that is composed of representatives of the national governing bodies who are selected by their boards of directors or other governing boards to ensure effective communication between the corporation and the national governing bodies;”

removed “(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.”

removed “(B) the corporation;”

removed “(e) Training materials—The office for education and outreach referred to in subsection (a)(3) shall—

removed “(1) develop training materials for specific audiences, including coaches, trainers, doctors, young children, adolescents, adults, and mentally disabled individuals; and

removed “(2) not less frequently than every 3 years, update such training materials.”

removed “(f) Independence

removed “(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.

removed “(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.

removed “(3) Investigations

removed “(A) In general—The corporation and the national governing bodies shall not interfere in, or attempt to influence the outcome of, an investigation.

removed “(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.”

removed “(g) Funding

removed “(1) Mandatory payments

removed “(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.

removed “(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.

removed “(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).

removed “(3) Failure to comply

removed “(A) In general—The Center may file a lawsuit to compel payment under paragraph (1).

removed “(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.”

added “(10) ensures that the selection criteria for individuals and teams that represent the United States are—

added “(A) fair, as determined by the corporation in consultation with the national governing bodies, the Athletes' Advisory Council, and the United States Olympians and Paralympians Association;

added “(B) clearly articulated in writing and properly communicated to athletes in a timely manner; and

added “(C) consistently applied, using objective and subjective criteria appropriate to the applicable sport;”

added “(13) demonstrates, based on guidelines approved by the corporation, the Athletes' Advisory Council, and the National Governing Bodies' Council, that—

added “(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—

added “(i) are elected by amateur athletes; and

added “(ii) are actively engaged in amateur athletic competition, or have represented the United States in international amateur athletic competition, in the sport for which certification is sought;

added “(B) any exception to such guidelines by such organization has been approved by—

added “(i) the corporation; and

added “(ii) the Athletes' Advisory Council; and

added “(C) the voting power held by such individuals is not less than 1/3 of the voting power held by its board of directors and other such governing boards;”

removed “(i) law enforcement consistent with section 226 of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20341); and

removed “(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;”

removed “(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;

removed “(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;

removed “(D) a requirement that the Center, including any officer, agent, attorney, or staff member of the Center, shall not take any action—

removed “(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

removed “(ii) on a date that is earlier than the date on which law enforcement—

removed “(I) authorizes the Center to take such action; or

removed “(II) declines to act on the allegation within 72 hours after the time at which the Center reports to law enforcement under subparagraph (B);”

removed “(G) procedures to prohibit retaliation by any national governing body or paralympic sports organization against any individual who makes—

removed “(i) a report under subparagraph (A) or (E); or

removed “(ii) any other report relating to abuse of any amateur athlete, including emotional, physical, and sexual abuse;”

added “(17) commits to submitting annual reports to the corporation that include, for each calendar year—

added “(A) a description of the manner in which the organization—

added “(i) carries out the mission to promote a safe environment in sports that is free from abuse of amateur athletes (including emotional, physical, and sexual abuse); and

added “(ii) addresses any sanctions or temporary measures required by the Center;

added “(B) a description of any cause of action or complaint filed against the organization that was pending or settled during the preceding calendar year; and

added “(C) a detailed statement of—

added “(i) the income and expenses of the organization; and

added “(ii) the amounts expended on stipends, bonuses, and services for amateur athletes, organized by the level and gender of the amateur athletes;

added “(18) commits to meeting any minimum standard or requirement set forth by the corporation; and

added “(19) provides protection from retaliation to protected individuals.”

added “(a) In general—For the sport”

added “(10) develop 1 or more policies that prohibit any individual who is an employee, contractor, or agent of the national governing body from assisting a member or former member in obtaining a new job (except for the routine transmission of administrative and personnel files) if the individual knows that such member or former member violated the policies or procedures of the Center related to sexual misconduct or was convicted of a crime involving sexual misconduct with a minor in violation of applicable law or the policies or procedures of the Center;

added “(11) promote a safe environment in sports that is free from abuse of any amateur athlete, including emotional, physical, and sexual abuse;

added “(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;

added “(13) immediately report to law enforcement any allegation of child abuse of an amateur athlete who is a minor; and

added “(14) have in place policies and procedures to report immediately any allegation of child abuse of an amateur athlete, consistent with—

added “(A) the policies and procedures developed under subparagraph (C) of section 220541(a)(1); and

added “(B) the requirement described in paragraph (2)(A) of section 220542(a).”

added “(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.”

added “(A) a report under paragraph (1); or

added “(B) any other report relating to abuse of any amateur athlete, including emotional, physical, and sexual abuse.”

removed “(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—

removed “(i) any harm to the alleged victim; and

removed “(ii) unfair prejudice to any party; and

removed “(K) training for investigators on appropriate methods and techniques for ensuring sensitivity toward alleged victims during interviews and other investigative activities.”

removed “(2) a strategic plan with respect to the manner in which the Center shall fulfill its duties under sections 220541 and 220542;

removed “(3) a detailed description of the efforts made by the Center to comply with such strategic plan during the preceding year;

removed “(4) any financial statement necessary to present fairly the assets, liabilities, and surplus or deficit of the Center for the preceding year;

removed “(5) an analysis of the changes in the amounts of such assets, liabilities, and surplus or deficit during the preceding year;

removed “(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;

removed “(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”

added “(a) Duties of Center

added “(1) In general—The United States Center for SafeSport shall—

added “(A) serve as the independent national safe sport organization and be recognized worldwide as the independent national safe sport organization for the United States;

added “(B) exercise jurisdiction over the corporation and each national governing body with regard to safeguarding amateur athletes against abuse, including emotional, physical, and sexual abuse, in sports;

added “(C) maintain an office for education and outreach that shall develop training, oversight practices, policies, and procedures to prevent the abuse, including emotional, physical, and sexual abuse, of amateur athletes participating in amateur athletic activities through national governing bodies;

added “(D) maintain an office for response and resolution that shall establish mechanisms that allow for the reporting, investigation, and resolution, pursuant to subsection (c), of alleged sexual abuse in violation of the Center's policies and procedures;

added “(E) ensure that the mechanisms under subparagraph (D) provide fair notice and an opportunity to be heard and protect the privacy and safety of complainants;

added “(F) maintain an office for compliance and audit that shall—

added “(i) ensure that the national governing bodies and the corporation implement and follow the policies and procedures developed by the Center to prevent and promptly report instances of abuse of amateur athletes, including emotional, physical, and sexual abuse; and

added “(ii) establish mechanisms that allow for the reporting and investigation of alleged violations of such policies and procedures;

added “(G) publish and maintain a publicly accessible internet website that contains a comprehensive list of adults who are barred by the Center; and

added “(H) ensure that any action taken by the Center against an individual under the jurisdiction of the Center, including an investigation, the imposition of sanctions, and any other disciplinary action, is carried out in a manner than provides procedural due process to the individual, including, at a minimum—

added “(i) the provision of written notice of the allegations against the individual;

added “(ii) a right to be represented by counsel or other advisor;

added “(iii) an opportunity to be heard during the investigation;

added “(iv) in a case in which a violation is found, a reasoned written decision by the Center; and

added “(v) the ability to challenge, in a hearing or through arbitration, interim measures or sanctions imposed by the Center.

added “(2) Rules of Construction—Nothing in this subsection shall be construed—

added “(A) to preclude the Center from imposing interim measures or sanctions on an individual before an opportunity for a hearing or arbitration;

added “(B) to require the Center to meet a burden of proof higher than the preponderance of the evidence;

added “(C) to give rise to a claim under State law or to create a private right of action; or

added “(D) to render the Center a state actor.”

added “(C) the corporation;”

added “(3) Removal to Federal court

added “(A) In general—Any civil action brought in a State court against the Center relating to the responsibilities of the Center under this section, section 220542, or section 220543, shall be removed, on request by the Center, to the district court of the United States in the district in which the action was brought, and such district court shall have original jurisdiction over the action without regard to the amount in controversy or the citizenship of the parties involved.

added “(B) Rule of construction—Nothing in this chapter shall be construed to create a private right of action.”

added “(e) Training materials—The office for education and outreach referred to in subsection (a)(1)(C) shall—

added “(1) develop training materials for specific audiences, including coaches, trainers, doctors, young children, adolescents, adults, and individuals with disabilities; and

added “(2) not less frequently than every 3 years, update such training materials.

added “(f) Independence

added “(1) Prohibition with respect to former employees and board members—A former employee or board member of the corporation or a national governing body shall not work or volunteer at the Center during the 2-year period beginning on the date on which the former employee or board member ceases employment with the corporation or national governing body.

added “(2) Athletes serving on board of directors of national governing body

added “(A) In general—An athlete serving on the board of directors of a national governing body who is not otherwise employed by the national governing body, may volunteer at, or serve in an advisory capacity to, the Center.

added “(B) Ineligibility for employment—An athlete who has served on the board of directors of a national governing body shall not be eligible for employment at the Center during the 2-year period beginning on the date on which the athlete ceases to serve on such board of directors.

added “(3) Conflicts of interest—An executive or attorney for the Center shall be considered to have an inappropriate conflict of interest if the executive or attorney also represents the corporation or a national governing body.

added “(4) Investigations

added “(A) In general—The corporation and the national governing bodies shall not interfere in, or attempt to influence the outcome of, an investigation.

added “(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.

added “(C) Work product

added “(i) In general—Any decision, report, memorandum, work product, notes, or case file of the Center—

added “(I) shall be confidential; and

added “(II) shall not be subject to discovery, subpoena, or any other means of legal compulsion in any civil action in which the Center is not a party to the action.

added “(ii) Rule of construction—Nothing in this subparagraph shall be construed to prohibit the Center from providing work product described in clause (i) to a law enforcement agency for the purpose of assisting in a criminal investigation.

added “(g) Funding

added “(1) Mandatory payments

added “(A) Fiscal year 2020—Not later than 30 days after the date of the enactment of this subsection, the corporation shall make a mandatory payment of $20,000,000 to the Center for operating costs of the Center for fiscal year 2020.

added “(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.

added “(2) Funds from national governing bodies—The corporation may use funds received from 1 or more national governing bodies to make a mandatory payment required by paragraph (1).

added “(3) Failure to comply

added “(A) In general—The Center may file a lawsuit to compel payment under paragraph (1).

added “(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.

added “(4) Accountability

added “(A) In general—Amounts transferred to the Center by the corporation or a national governing body shall be used, in accordance with section 220503(15), primarily for the purpose of carrying out the duties and requirements under sections 220541 through 220543 with respect to the investigation and resolution of allegations of sexual misconduct, or other misconduct, made by amateur athletes.

added “(B) Use of funds

added “(i) In general—Of the amounts made available to the Center by the corporation or a national governing body in a fiscal year for the purpose described in section 220503(15)—

added “(I) not less than 50 percent shall be used for processing the investigation and resolution of allegations described in subparagraph (A); and

added “(II) not more than 10 percent may be used for executive compensation of officers and directors of the Center.

added “(ii) Reserve funds

added “(I) In general—If, after the Center uses the amounts as allocated under clause (i), the Center does not use the entirety of the remaining amounts for the purpose described in subparagraph (A), the Center may retain not more than 25 percent of such amounts as reserve funds.

added “(II) Return of funds—The Center shall return to the corporation and national governing bodies any amounts, proportional to the contributions of the corporation and national governing bodies, that remain after the retention described in subclause (I).

added “(iii) Lobbying and fundraising—Amounts made available to the Center under this paragraph may not be used for lobbying or fundraising expenses.

added “(h) Compliance audits

added “(1) In general—Not less frequently than annually, the Center shall carry out an audit of the corporation and each national governing body—

added “(A) to assess compliance with policies and procedures developed under this subchapter; and

added “(B) to ensure that consistent training relating to the prevention of child abuse is provided to all staff of the corporation and national governing bodies who are in regular contact with amateur athletes and members who are minors subject to parental consent.

added “(2) Corrective measures

added “(A) In general—The Center may impose on the corporation or a national governing body a corrective measure to achieve compliance with the policies and procedures developed under this subchapter or the training requirement described in paragraph (1)(B).

added “(B) Inclusions—A corrective measure imposed under subparagraph (A) may include the implementation of an athlete safety program or specific policies, additional compliance audits or training, and the imposition of a probationary period.

added “(C) Enforcement

added “(i) In general—On request by the Center, the corporation shall—

added “(I) enforce any corrective measure required under subparagraph (A); and

added “(II) report the status of enforcement with respect to a national governing body within a reasonable timeframe.

added “(ii) Methods—The corporation may enforce a corrective measure through any means available to the corporation, including by withholding funds from a national governing body, limiting the participation of the national governing body in corporation events, and decertifying a national governing body.

added “(iii) Effect of noncompliance—If the corporation fails to enforce a corrective measure within 72 hours of a request under clause (i), the Center may submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the noncompliance.

added “(3) Annual report

added “(A) In general—Not less frequently than annually, the Center shall submit to Congress a report on the findings of the audit under paragraph (1) for the preceding year and the status of any corrective measures imposed as a result of the audit.

added “(B) Public availability

added “(i) In general—Each report under subparagraph (A) shall be made available to the public.

added “(ii) Personally identifiable information—A report made available to the public shall not include the personally identifiable information of any individual.

added “(i) Reports to corporation—Not later than 30 days after the end of each calendar quarter that begins after the date of the enactment of the Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020, the Center shall submit to the corporation a statement of the following:

added “(1) The number and nature of misconduct complaints referred to the Center, by sport.

added “(2) The number and type of pending misconduct complaints under investigation by the Center.

added “(3) The number of misconduct complaints for which an investigation was terminated or otherwise closed by the Center.

added “(4) The number of such misconduct complaints reported to law enforcement agencies by the Center for further investigation.

added “(5) The number of discretionary cases accepted or declined by the Center, by sport.

added “(6) The average time required for resolution of such cases and misconduct complaints.

added “(7) Information relating to the educational activities and trainings conducted by the office of education and outreach of the Center during the preceding quarter, including the number of educational activities and trainings developed and provided.

added “(j) Certifications of independence

added “(1) In general—Not later than 180 days after the end of a fiscal year, the Comptroller General of the United States shall make available to the public a certification relating to the Center's independence from the corporation.

added “(2) Elements—A certification required by paragraph (1) shall include the following:

added “(A) A finding of whether a violation of a prohibition on employment of former employees or board members of the corporation under subsection (f) has occurred during the year preceding the certification.

added “(B) A finding of whether an executive or attorney for the Center has had an inappropriate conflict of interest during that year.

added “(C) A finding of whether the corporation has interfered in, or attempted to influence the outcome of, an investigation by the Center.

added “(D) Any recommendations of the Comptroller General for resolving any potential risks to the Center’s independence from the corporation.

added “(3) Authority of Comptroller General

added “(A) In general—The Comptroller General may take such reasonable steps as, in the view of the Comptroller General, are necessary to be fully informed about the operations of the corporation and the Center.

added “(B) Specific authorities—The Comptroller General shall have—

added “(i) access to, and the right to make copies of, any and all nonprivileged books, records, accounts, correspondence, files, or other documents or electronic records, including emails, of officers, agents, and employees of the Center or the corporation; and

added “(ii) the right to interview any officer, employee, agent, or consultant of the Center or the corporation.

added “(C) Treatment of privileged information—If, under this subsection, the Comptroller General seeks access to information contained within privileged documents or materials in the possession of the Center or the corporation, the Center or the corporation, as the case may be, shall, to the maximum extent practicable, provide the Comptroller General with the information without compromising the applicable privilege.”

removed Section 362(b) of title 11, United States Code, is amended—

added “(i) law enforcement consistent with section 226 of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20341); and

added “(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;”

added “(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;

added “(C) 1 or more policies that prohibit any individual who is an employee, contractor, or agent of the Center from assisting a member or former member in obtaining a new job (except for the routine transmission of administrative and personnel files) if the individual knows that such member or former member violated the policies or procedures of the Center related to sexual misconduct or was convicted of a crime involving sexual misconduct with a minor in violation of applicable law;

added “(D) a requirement that the Center, including any officer, agent, attorney, or staff member of the Center, shall not take any action to notify an alleged perpetrator of abuse of an amateur athlete of any ongoing investigation or accusation unless—

added “(i) the Center has reason to believe an imminent hazard will result from failing to so notify the alleged perpetrator; or

added “(ii) law enforcement—

added “(I) authorizes the Center to take such action; or

added “(II) declines or fails to act on, or fails to respond to the Center with respect to, the allegation within 72 hours after the time at which the Center reports to law enforcement under subparagraph (B);”

added “(G) procedures to prohibit retaliation by the corporation or any national governing body against any individual who makes—

added “(i) a report under subparagraph (A) or (E); or

added “(ii) any other report relating to abuse of any amateur athlete, including emotional, physical, and sexual abuse;”

added “(J) a prohibition on the use in a decision of the Center under section 220541(a)(1)(D) of any evidence relating to other sexual behavior or the sexual predisposition of the alleged victim, or the admission of any such evidence in arbitration, unless the probative value of the use or admission of such evidence, as determined by the Center or the arbitrator, as applicable, substantially outweighs the danger of—

added “(i) any harm to the alleged victim; and

added “(ii) unfair prejudice to any party; and

added “(K) training for investigators on appropriate methods and techniques for ensuring sensitivity toward alleged victims during interviews and other investigative activities.”

added “(b) Audits and transparency

added “(1) Annual audit

added “(A) In general—Not less frequently than annually, the financial statements of the Center for the preceding fiscal year shall be audited by an independent auditor in accordance with generally accepted accounting principles—

added “(i) to ensure the adequacy of the internal controls of the Center; and

added “(ii) to prevent waste, fraud, or misuse of funds transferred to the Center by the corporation or the national governing bodies.

added “(B) Location—An audit under subparagraph (A) shall be conducted at the location at which the financial statements of the Center normally are kept.

added “(C) Report—Not later than 180 days after the date on which an audit under subparagraph (A) is completed, the independent auditor shall issue an audit report.

added “(D) Corrective action plan

added “(i) In general—On completion of the audit report under subparagraph (C) for a fiscal year, the Center shall prepare, in a separate document, a corrective action plan that responds to any corrective action recommended by the independent auditor.

added “(ii) Matters to be included—A corrective action plan under clause (i) shall include the following for each such corrective action:

added “(I) The name of the person responsible for the corrective action.

added “(II) A description of the planned corrective action.

added “(III) The anticipated completion date of the corrective action.

added “(IV) In the case of a recommended corrective action based on a finding in the audit report with which the Center disagrees, or for which the Center determines that corrective action is not required, an explanation and a specific reason for noncompliance with the recommendation.

added “(2) Access to records and personnel—With respect to an audit under paragraph (1), the Center shall provide the independent auditor access to all records, documents, and personnel and financial statements of the Center necessary to carry out the audit.

added “(3) Public availability

added “(A) In general—The Center shall make available to the public on an easily accessible internet website of the Center—

added “(i) each audit report under paragraph (1)(C);

added “(ii) the Internal Revenue Service Form 990 of the Center for each year, filed under section 501(c) of the Internal Revenue Code of 1986; and

added “(iii) the minutes of the quarterly meetings of the board of directors of the Center.

added “(B) Personally identifiable information—An audit report or the minutes made available under subparagraph (A) shall not include the personally identifiable information of any individual.

added “(4) Rule of construction—For purposes of this subsection, the Center shall be considered a private entity.

added “(c) Report—The Center shall submit an annual report to Congress, including—

added “(1) a strategic plan with respect to the manner in which the Center shall fulfill its duties under sections 220541 and 220542;

added “(2) a detailed description of the efforts made by the Center to comply with such strategic plan during the preceding year;

added “(3) any financial statement necessary to present fairly the assets, liabilities, and surplus or deficit of the Center for the preceding year;

added “(4) an analysis of the changes in the amounts of such assets, liabilities, and surplus or deficit during the preceding year;

added “(5) a detailed description of Center activities, including—

added “(A) the number and nature of misconduct complaints referred to the Center;

added “(B) the total number and type of pending misconduct complaints under investigation by the Center;

added “(C) the number of misconduct complaints for which an investigation was terminated or otherwise closed by the Center; and

added “(D) the number of such misconduct complaints reported to law enforcement agencies by the Center for further investigation;

added “(6) a detailed description of any complaint of retaliation made during the preceding year by an officer or employee of the Center or a contractor or subcontractor of the Center that includes—

added “(A) the number of such complaints; and

added “(B) the outcome of each such complaint;

added “(7) information relating to the educational activities and trainings conducted by the office of education and outreach of the Center during the preceding year, including the number of educational activities and trainings developed and provided; and

added “(8) a description of the activities of the Center.

added “(d) Definitions—In this section—

added “(1) audit report means a report by an independent auditor that includes—

added “(A) an opinion or a disclaimer of opinion that presents the assessment of the independent auditor with respect to the financial records of the Center, including whether such records are accurate and have been maintained in accordance with generally accepted accounting principles;

added “(B) an assessment of the internal controls used by the Center that describes the scope of testing of the internal controls and the results of such testing; and

added “(C) a compliance assessment that includes an opinion or a disclaimer of opinion as to whether the Center has complied with the terms and conditions of subsection (b); and

added “(2) independent auditor means an independent certified public accountant or independent licensed public accountant, certified or licensed by a regulatory authority of a State or a political subdivision of a State, who meets the standards specified in generally accepted accounting principles.”

removed “(29) under subsection (a)(1) of this section, of any action by—

removed “(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

removed “(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.”