Text: S.2330 — 116th Congress (2019-2020)All Information (Except Text)

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Public Law No: 116-189 (10/30/2020)

 
[116th Congress Public Law 189]
[From the U.S. Government Publishing Office]



[[Page 134 STAT. 943]]

Public Law 116-189
116th Congress

                                 An Act


 
 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. <<NOTE: Oct. 30, 2020 -  [S. 2330]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Empowering 
Olympic, Paralympic, and Amateur Athletes Act of 2020. 36 USC 101 
note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Empowering Olympic, Paralympic, and 
Amateur Athletes Act of 2020''.
SEC. 2. <<NOTE: 36 USC 220501 note.>>  FINDINGS.

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

[[Page 134 STAT. 944]]

SEC. 3. DEFINITIONS.

    Section 220501(b) of title 36, United States Code, is amended--
            (1) in paragraph (4), by striking ``United States Center for 
        Safe Sport'' and inserting ``United States Center for 
        SafeSport'';
            (2) in paragraph (6), by striking ``United States Olympic 
        Committee'' and inserting ``United States Olympic and Paralympic 
        Committee'';
            (3) by amending paragraph (8) to read as follows:
            ``(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.'';
            (4) by striking paragraph (9);
            (5) by redesignating paragraphs (4), (5), (6), (7), (8), and 
        (10) as paragraphs (5), (6), (7), (8), (9), and (12), 
        respectively;
            (6) by inserting after paragraph (3) the following:
            ``(4) `Athletes' Advisory Council' means the entity 
        established and maintained under section 220504(b)(2)(A) that--
                    ``(A) is composed of, and elected by, amateur 
                athletes to ensure communication between the corporation 
                and currently active amateur athletes; and
                    ``(B) serves as a source of amateur-athlete opinion 
                and advice with respect to policies and proposed 
                policies of the corporation.''; and
            (7) by inserting after paragraph (9), as so redesignated, 
        the following:
            ``(10) `protected individual' means any amateur athlete, 
        coach, trainer, manager, administrator, or official associated 
        with the corporation or a national governing body.
            ``(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--
                    ``(A) the Center;
                    ``(B) a coach, trainer, manager, administrator, or 
                official associated with the corporation;
                    ``(C) the Attorney General;
                    ``(D) a Federal or State law enforcement authority;
                    ``(E) the Equal Employment Opportunity Commission; 
                or
                    ``(F) Congress.''.
SEC. 4. MODERNIZATION OF THE TED STEVENS OLYMPIC AND AMATEUR 
                    SPORTS ACT.

    (a) In General.--Chapter 2205 of title 36, <<NOTE: 36 USC 
220501 prec.>>  United States Code, is amended--
            (1) in the chapter heading, by striking ``UNITED STATES 
        OLYMPIC COMMITTEE'' and inserting ``UNITED STATES OLYMPIC AND 
        PARALYMPIC COMMITTEE'';
            (2) in section 220502, by amending subsection (c) to read as 
        follows:

[[Page 134 STAT. 945]]

    ``(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 220503--
                    (A) in paragraph (3), by striking ``and the Pan-
                American Games'' each place it appears and inserting 
                ``the Pan-American Games, and the Parapan American 
                Games''; and
                    (B) in paragraph (4), by striking ``and Pan-American 
                Games'' and inserting ``the Pan-American Games, and the 
                Parapan American Games'';
            (4) in section 220504(b)(3), by striking ``or the Pan-
        American Games'' and inserting ``the Pan-American Games, or the 
        Parapan American Games'';
            (5) in section 220505(c)--
                    (A) in paragraph (3), by striking ``and the Pan-
                American Games'' and inserting ``the Pan-American Games, 
                and the Parapan American Games'';
                    (B) by amending paragraph (4) to read as follows:
            ``(4) certify national governing bodies for any sport that 
        is included on the program of the Olympic Games, the Paralympic 
        Games, the Pan-American Games, or the Parapan American Games;''; 
        and
                    (C) in paragraph (5), by inserting ``the Parapan 
                American Games,'' after ``the Pan-American Games,'';
            (6) in section 220506--
                    (A) in subsection (a)--
                          (i) in paragraph (1), by striking ``United 
                      States Olympic Committee'' and inserting ``United 
                      States Olympic and Paralympic Committee'';
                          (ii) in paragraph (2), by striking ``3 
                      TaiGeuks'' and inserting ``3 Agitos''; and
                          (iii) in paragraph (4), by inserting `` 
                      `Parapan American','' after `` `Pan-American','';
                    (B) in subsection (b), by inserting ``the Parapan 
                American team,'' after ``the Pan-American team,''; and
                    (C) in subsection (c)(3), by striking ``or Pan-
                American Games activity'' and inserting ``Pan-American, 
                or Parapan American Games activity'';
            (7) in section 220509(a)--
                    (A) in the first sentence, by inserting ``the 
                Parapan American Games,'' after ``the Pan-American 
                Games,''; and
                    (B) in the second sentence, by striking ``or the 
                Pan-American Games'' and inserting ``the Pan-American 
                Games, or the Parapan American Games'';
            (8) in section 220512, by striking ``and Pan-American 
        Games'' and inserting ``Pan-American Games, and Parapan American 
        Games'';
            (9) in section 220523(a), by striking ``and the Pan-American 
        Games'' each place it appears and inserting ``the Pan-American 
        Games, and the Parapan American Games'';
            (10) in section 220528(c)--
                    (A) in subparagraph (A), by striking ``or in both 
                the Olympic and Pan-American Games'' and inserting ``or 
                in each of the Olympic Games, the Paralympic Games, the

[[Page 134 STAT. 946]]

                Pan-American Games, and the Parapan American Games''; 
                and
                    (B) by amending subparagraph (B) to read as follows:
                    ``(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.''; and
            (11) 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, <<NOTE: 36 USC 101 prec.>>  
is amended by striking the item relating to chapter 2205 and inserting 
the following:

``2205. United States Olympic and Paralympic 
Committee......................................................220501''.
SEC. 5. 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 <<NOTE: 36 USC 220541 prec.>>  (relating to the 
        United States Center for SafeSport), as added by section 202 of 
        the Protecting Young Victims from Sexual Abuse and Safe Sport 
        Authorization Act of 2017 (Public Law 115-126; 132 Stat. 320) as 
        subchapter IV; and
            (2) by adding at the end the following:

 ``SUBCHAPTER V <<NOTE: 36 USC 220551 prec.>> --DISSOLUTION OF BOARD OF 
  DIRECTORS OF CORPORATION AND TERMINATION OF RECOGNITION OF NATIONAL 
GOVERNING BODIES
``Sec.  <<NOTE: 36 USC 220551.>> 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 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

[[Page 134 STAT. 947]]

                    ``(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. <<NOTE: Effective dates. 36 USC 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.''.
    (b) Technical and Conforming Amendments.--The table of sections for 
chapter 2205 of title 36, United States Code, <<NOTE: 36 USC 
220501 prec.>>  is amended--
            (1) by striking the second item relating to subchapter III 
        (relating to the United States Center for SafeSport), as added 
        by section 202 of the Protecting Young Victims from Sexual Abuse 
        and Safe Sport Authorization Act of 2017 (Public Law 115-126; 
        132 Stat. 320) and inserting the following:

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

            (2) by adding at the end the following:

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

``220551. Definitions.
``220552. Dissolution of board of directors of corporation and 
           termination of recognition of national governing bodies.''.

    (c) <<NOTE: 36 USC 220551 note.>>  Effective Date.--The amendments 
made by this section shall take effect on the date that is 1 year after 
the date of the enactment of this Act.
SEC. 6. MODIFICATIONS TO UNITED STATES OLYMPIC AND PARALYMPIC 
                    COMMITTEE.

    (a) Purposes of the Corporation.--Section 220503 of title 36, United 
States Code, is amended--
            (1) in paragraph (9), by inserting ``and access to'' after 
        ``development of'';
            (2) in paragraph (14), by striking ``; and'' and inserting a 
        semicolon;
            (3) in paragraph (15), by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding at the end the following:

[[Page 134 STAT. 948]]

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

    (b) Membership and Representation.--Section 220504 of title 36, 
United States Code, is amended--
            (1) in subsection (a), by inserting ``, and membership shall 
        be available only to national governing bodies'' before the 
        period at the end;
            (2) in subsection (b), by amending paragraph (2) to read as 
        follows:
            ``(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--
                    ``(A) establish and maintain an Athletes' Advisory 
                Council;
                    ``(B) ensure that the chair of the Athletes' 
                Advisory Council, or the designee of the chair, holds 
                voting power on the board of directors of the 
                corporation and in the committees and entities of the 
                corporation;
                    ``(C) require that--
                          ``(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
                          ``(ii) not less than 20 percent of the 
                      membership of the board of directors of the 
                      corporation shall be composed of amateur athletes 
                      who--
                                    ``(I) are actively engaged in 
                                representing the United States in 
                                international amateur athletic 
                                competition; or
                                    ``(II) have represented the United 
                                States in international amateur athletic 
                                competition during the preceding 10-year 
                                period; and
                    ``(D) ensure that the membership and voting power 
                held by such amateur athletes is not less than \1/3\ 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;''; and
            (3) by adding at the end the following:

    ``(c) <<NOTE: Time period.>>  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.

    ``(d) Certification Requirements.--The bylaws of the corporation 
shall include a description of all generally applicable certification 
requirements for membership in the corporation.''.
    (c) Duties.--
            (1) In general.--Section 220505 of title 36, United States 
        Code, is amended--
                    (A) in the section heading, by striking ``Powers'' 
                and inserting ``Powers and duties''; and
                    (B) by adding at the end the following:

    ``(d) Duties.--

[[Page 134 STAT. 949]]

            ``(1) In general.--The duty of the corporation to amateur 
        athletes includes the adoption, effective implementation, and 
        enforcement of policies and procedures designed--
                    ``(A) to immediately report to law enforcement and 
                the Center any allegation of child abuse of an amateur 
                athlete who is a minor;
                    ``(B) to ensure that each national governing body 
                has in place policies and procedures to report 
                immediately any allegation of child abuse of an amateur 
                athlete, consistent with--
                          ``(i) the policies and procedures developed 
                      under subparagraph (C) of section 220541(a)(1); 
                      and
                          ``(ii) the requirement described in paragraph 
                      (2)(A) of section 220542(a); and
                    ``(C) to ensure that each national governing body 
                and the corporation enforces temporary measures and 
                sanctions issued pursuant to the authority of the 
                Center.
            ``(2) Rule of construction.--Nothing in this subsection 
        shall be construed to preempt or otherwise abrogate the duty of 
        care of the corporation under State law or the common law.''.
            (2) Conforming amendment.--The table of sections for chapter 
        2205 of title 36, United States Code, <<NOTE: 36 USC 
        220501 prec.>>  is amended by striking the item relating to 
        section 220505 and inserting the following:

``220505. Powers and duties.''.

    (d) Restrictions.--
            (1) Policy with respect to assisting members or former 
        members in obtaining jobs.--Section 220507 of title 36, United 
        States Code, is amended by adding at the end the following:

    ``(c) Policy With Respect to Assisting Members or Former Members in 
Obtaining Jobs.--The corporation shall develop 1 or more policies that 
prohibit any individual who is an employee, contractor, or agent of the 
corporation from assisting a member or former member in obtaining a new 
job (except the routine transmission of administrative and personnel 
files) if the individual knows that such member or former member 
violated the policies or procedures of the Center related to sexual 
misconduct or was convicted of a crime involving sexual misconduct with 
a minor in violation of applicable law.''.
            (2) Policy with respect to terms and conditions of 
        employment.--
                    (A) In general.--Section 220507 of title 36, United 
                States Code, as amended by paragraph (1), is further 
                amended by adding at the end the following:

    ``(d) Policy Regarding Terms and Conditions of Employment.--The 
corporation shall establish a policy--
            ``(1) not to disperse bonus or severance pay to any 
        individual named as a subject of an ethics investigation by the 
        ethics committee of the corporation, until such individual is 
        cleared of wrongdoing by such investigation; and
            ``(2) that provides that--
                    ``(A) <<NOTE: Determination.>>  if the ethics 
                committee determines that an individual has violated the 
                policies of the corporation--

[[Page 134 STAT. 950]]

                          ``(i) the individual is no longer entitled to 
                      bonus or severance pay previously withheld; and
                          ``(ii) the compensation committee of the 
                      corporation may reduce or cancel the withheld 
                      bonus or severance pay; and
                    ``(B) <<NOTE: Investigation.>>  in the case of an 
                individual who is the subject of a criminal 
                investigation, the ethics committee shall investigate 
                the individual.''.
                    (B) <<NOTE: 36 USC 220507 note.>>  Applicability.--
                The amendment made by subparagraph (A) shall not apply 
                to any term of employment for the disbursement of bonus 
                or severance pay that is in effect as of the day before 
                the date of the enactment of this Act.

    (e) Resolution of Disputes and Protecting Abuse Victims From 
Retaliation.--Section 220509 of title 36, United States Code, is 
amended--
            (1) in subsection (a), in the first sentence, by inserting 
        ``complaints of retaliation or'' after ``relating to'';
            (2) by amending subsection (b) to read as follows:

    ``(b) Office of the Athlete Ombuds.--
            ``(1) In general.--The corporation shall hire and provide 
        salary, benefits, and administrative expenses for an ombudsman 
        and support staff for athletes.
            ``(2) Duties.--The Office of the Athlete Ombuds shall--
                    ``(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;
                    ``(B) assist in the resolution of athlete concerns;
                    ``(C) provide independent advice to athletes with 
                respect to--
                          ``(i) the role, responsibility, authority, and 
                      jurisdiction of the Center; and
                          ``(ii) the relative value of engaging legal 
                      counsel; and
                    ``(D) report to the Athletes' Advisory Council on a 
                regular basis.
            ``(3) Hiring procedures; vacancy; termination.--
                    ``(A) Hiring procedures.--The procedure for hiring 
                the ombudsman for athletes shall be as follows:
                          ``(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.
                          ``(ii) The corporation's executive director 
                      shall immediately transmit the name of such person 
                      to the corporation's executive committee.
                          ``(iii) The corporation's executive committee 
                      shall hire or not hire such person after fully 
                      considering

[[Page 134 STAT. 951]]

                      the advice and counsel of the Athletes' Advisory 
                      Council.
                    ``(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.
                    ``(C) Termination.--The corporation may terminate 
                the employment of an individual serving as ombudsman for 
                athletes only if--
                          ``(i) the termination is carried out in 
                      accordance with the applicable policies and 
                      procedures of the corporation;
                          ``(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
                          ``(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.
            ``(4) Confidentiality.--
                    ``(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.
                    ``(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.
                    ``(C) Judicial and administrative proceedings.--
                          ``(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.
                          ``(ii) Work product.--Any memorandum, work 
                      product, notes, or case file of the Office of the 
                      Athlete Ombuds--
                                    ``(I) shall be confidential; and
                                    ``(II) shall not be--
                                            ``(aa) subject to discovery, 
                                        subpoena, or any other means of 
                                        legal compulsion; or
                                            ``(bb) admissible as 
                                        evidence in a judicial or 
                                        administrative proceeding.
                    ``(D) Applicability.--The confidentiality 
                requirements under this paragraph shall not apply to 
                information relating to--
                          ``(i) applicable federally mandated reporting 
                      requirements;
                          ``(ii) a felony personally witnessed by a 
                      member of the Office of the Athlete Ombuds;
                          ``(iii) a situation, communicated to the 
                      Office of the Athlete Ombuds, in which an 
                      individual is at imminent risk of serious harm; or
                          ``(iv) a congressional subpoena.

[[Page 134 STAT. 952]]

                    ``(E) Development of policy.--
                          ``(i) <<NOTE: Deadline. Federal 
                      Register, publication.>>  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.
                          ``(ii) <<NOTE: Records.>>  Distribution.--The 
                      Office of the Athlete Ombuds shall distribute a 
                      copy of the policy developed under clause (i) to--
                                    ``(I) employees of the national 
                                governing bodies; and
                                    ``(II) employees of the corporation.
                          ``(iii) Publication by national governing 
                      bodies.--Each national governing body shall--
                                    ``(I) <<NOTE: Web posting.>>  
                                publish the policy developed under 
                                clause (i) on the internet website of 
                                the national governing body; and
                                    ``(II) communicate to amateur 
                                athletes the availability of the policy.
            ``(5) Prohibition on retaliation.--No employee, contractor, 
        agent, volunteer, or member of the corporation shall take or 
        threaten to take any action against an athlete as a reprisal for 
        disclosing information to or seeking assistance from the Office 
        of the Athlete Ombuds.
            ``(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.''; and
            (3) by adding at the end the following:

    ``(c) Retaliation.--
            ``(1) In general.--The corporation, the national governing 
        bodies, or any officer, employee, contractor, subcontractor, or 
        agent of the corporation or a national governing body may not 
        retaliate against any protected individual 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.
            ``(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.
            ``(3) Damages.--
                    ``(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.
                    ``(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).''.

[[Page 134 STAT. 953]]

    (f) Reports and Audits.--
            (1) In general.--Section 220511 of title 36, United States 
        Code, is amended to read as follows:
``Sec. 220511. Reports and audits

    ``(a) Report.--
            ``(1) Submission to president and congress.--Not less 
        frequently than annually, the corporation shall submit 
        simultaneously to the President and to each House of Congress a 
        detailed report on the operations of the corporation for the 
        preceding calendar year.
            ``(2) Matters to be included.--Each report required by 
        paragraph (1) shall include the following:
                    ``(A) A comprehensive description of the activities 
                and accomplishments of the corporation during such 
                calendar year.
                    ``(B) <<NOTE: Data.>>  Data concerning the 
                participation of women, disabled individuals, and racial 
                and ethnic minorities in the amateur athletic activities 
                and administration of the corporation and national 
                governing bodies.
                    ``(C) A description of the steps taken to encourage 
                the participation of women, disabled individuals, and 
                racial minorities in amateur athletic activities.
                    ``(D) A description of any lawsuit or grievance 
                filed against the corporation, including any dispute 
                initiated under this chapter.
                    ``(E) The agenda and minutes of any meeting of the 
                board of directors of the corporation that occurred 
                during such calendar year.
                    ``(F) A report by the compliance committee of the 
                corporation that, with respect to such calendar year--
                          ``(i) identifies--
                                    ``(I) the areas in which the 
                                corporation has met compliance 
                                standards; and
                                    ``(II) the areas in which the 
                                corporation has not met compliance 
                                standards; and
                          
                      ``(ii) <<NOTE: Assessments. Compliance. Plan.>>  
                      assesses the compliance of each member of the 
                      corporation and provides a plan for improvement, 
                      as necessary.
                    ``(G) A detailed description of any complaint of 
                retaliation made during such calendar year, including 
                the entity involved, the number of allegations of 
                retaliation, and the outcome of such allegations.
            ``(3) <<NOTE: Web posting.>>  Public availability.--The 
        corporation shall make each report under this subsection 
        available to the public on an easily accessible internet website 
        of the corporation.

    ``(b) Audit.--
            ``(1) <<NOTE: Deadline.>>  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.

[[Page 134 STAT. 954]]

            ``(2) Location.--An audit under paragraph (1) shall be 
        conducted at the location at which the financial statements of 
        the corporation normally are kept.
            ``(3) Access.--An individual conducting an audit under 
        paragraph (1) shall be given full access to--
                    ``(A) all records and property owned or used by the 
                corporation, as necessary to facilitate the audit; and
                    ``(B) any facility under audit for the purpose of 
                verifying transactions, including any balance or 
                security held by a depository, fiscal agent, or 
                custodian.
            ``(4) Report.--
                    ``(A) In general.--Not later than 180 days after the 
                end of the fiscal year for which an audit is carried 
                out, the auditor shall submit a report on the audit to 
                the Committee on Commerce, Science, and Transportation 
                of the Senate, the Committee on the Judiciary 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) <<NOTE: Analysis.>>  An analysis of the 
                      changes in the amounts of such assets, 
                      liabilities, and surplus or deficit.
                          ``(iii) A detailed statement of the income and 
                      expenses of the corporation, including the results 
                      of any trading, manufacturing, publishing, or 
                      other commercial endeavor.
                          ``(iv) A detailed statement of the amounts 
                      spent on stipends and services for athletes.
                          ``(v) A detailed statement of the amounts 
                      spent on compensation and services for executives 
                      and administration officials of the corporation, 
                      including the 20 employees of the corporation who 
                      receive the highest amounts of compensation.
                          ``(vi) A detailed statement of the amounts 
                      allocated to the national governing bodies.
                          ``(vii) Such comments and information as the 
                      auditor considers necessary to inform Congress of 
                      the financial operations and condition of the 
                      corporation.
                          ``(viii) <<NOTE: Recommenda- tions.>>  
                      Recommendations relating to the financial 
                      operations and condition of the corporation.
                          ``(ix) A description of any financial conflict 
                      of interest (including a description of any 
                      recusal or other mitigating action taken), 
                      evaluated in a manner consistent with the policies 
                      of the corporation, of--
                                    ``(I) a member of the board of 
                                directors of the corporation; or
                                    ``(II) any senior management 
                                personnel of the corporation.
                    ``(C) Public availability.--
                          ``(i) <<NOTE: Web posting.>>  In general.--The 
                      corporation shall make each report under this 
                      paragraph available to the public on an easily 
                      accessible internet website of the corporation.

[[Page 134 STAT. 955]]

                          ``(ii) Personally identifiable information.--A 
                      report made available under clause (i) shall not 
                      include the personally identifiable information of 
                      any individual.''.
            (2) Conforming amendment.--The table of sections for chapter 
        2205 of title 36, United States Code, <<NOTE: 36 USC 
        220501 prec.>>  is amended by striking the item relating to 
        section 220511 and inserting the following:

        ``220511. Reports and audits.''.

    (g) Annual Amateur Athlete Survey.--
            (1) In general.--Subchapter I of chapter 2205 of title 36, 
        United States Code, is amended by adding at the end the 
        following:
``Sec. 220513. <<NOTE: 36 USC 220513.>>  Annual amateur athlete 
                      survey

    ``(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--
            ``(1) their satisfaction with the corporation and the 
        applicable national governing body; and
            ``(2) the behaviors, attitudes, and feelings within the 
        corporation and the applicable national governing body relating 
        to sexual harassment and abuse.

    ``(b) Consultation.--A contract under subsection (a) shall require 
the independent third-party organization to develop the survey in 
consultation with the Center.
    ``(c) <<NOTE: Reports.>>  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.

    ``(d) <<NOTE: Web posting.>>  Public Availability.-- The corporation 
shall make the results of each such survey available to the public on an 
internet website of the corporation.''.
            (2) Conforming amendment.--The table of sections for chapter 
        2205 of title 36, United States Code, <<NOTE: 36 USC 
        220501 prec.>>  is amended by inserting after the item relating 
        to 220512 the following:

        ``220513. Annual amateur athlete survey.''.
SEC. 7. MODIFICATIONS TO NATIONAL GOVERNING BODIES.

    (a) Certification of National Governing Bodies.--
            (1) In general.--Section 220521 of title 36, United States 
        Code, is amended--
                    (A) in the section heading, by striking 
                ``Recognition of amateur sports organizations as 
                national governing bodies'' and inserting 
                ``Certification of national governing bodies'';
                    (B) by amending subsection (a) to read as follows:

    ``(a) In General.--With respect to each sport included on the 
program of the Olympic Games, the Paralympic Games, the Pan-American 
Games, or the Parapan American Games, the corporation--

[[Page 134 STAT. 956]]

            ``(1) may certify as a national governing body an amateur 
        sports organization, a high-performance management organization, 
        or a paralympic sports organization that files an application 
        and is eligible for such certification under section 220522; and
            ``(2) may not certify more than 1 national governing 
        body.'';
                    (C) in subsection (b), by striking ``recognizing'' 
                and inserting ``certifying'';
                    (D) in subsection (c), by striking ``recognizing'' 
                and inserting ``certifying''; and
                    (E) by amending subsection (d) to read as follows:

    ``(d) <<NOTE: Deadlines.>>  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--
            ``(1) shall review all matters related to the continued 
        certification of an organization as a national governing body;
            ``(2) may take action the corporation considers appropriate, 
        including placing conditions on the continued certification of 
        an organization as a national governing body;
            ``(3) <<NOTE: Reports.>>  shall submit to Congress a summary 
        report of each review under paragraph (1); and
            ``(4) <<NOTE: Public information.>>  shall make each such 
        summary report available to the public.''.
            (2) Technical and conforming amendments.--
                    (A) Chapter 2205 of title 36, United States Code, is 
                amended--
                          (i) in section 220504(b), by amending 
                      paragraph (1) to read as follows:
            ``(1) national governing bodies, including through 
        provisions that establish and maintain a National Governing 
        Bodies' Council that is composed of representatives of the 
        national governing bodies who are selected by their boards of 
        directors or other governing boards to ensure effective 
        communication between the corporation and the national governing 
        bodies;'';
                          (ii) in section 220512, by striking ``or 
                      paralympic sports organization'';
                          (iii) in section 220522--
                                    (I) by striking subsection (b); and
                                    (II) in subsection (a)--
                                            (aa) by striking 
                                        ``recognized'' each place it 
                                        appears and inserting 
                                        ``certified'';
                                            (bb) by striking 
                                        ``recognition'' each place it 
                                        appears and inserting 
                                        ``certification'';
                                            (cc) in paragraph (6), by 
                                        striking ``the Olympic Games or 
                                        the Pan-American Games'' and 
                                        inserting ``the Olympic Games, 
                                        the Paralympic Games, the Pan-
                                        American Games, or the Parapan 
                                        American Games'';
                                            (dd) in paragraph (11)--
                                                (AA) in the matter 
                                            preceding subparagraph (A), 
                                            by inserting ``, high-
                                            performance management 
                                            organization, or paralympic 
                                            sports organization'' after 
                                            ``amateur sports 
                                            organization''; and

[[Page 134 STAT. 957]]

                                                (BB) in subparagraph 
                                            (B), by striking ``amateur 
                                            sports'' and inserting 
                                            ``applicable'';
                                            (ee) in paragraph (14), by 
                                        striking ``or the Pan-American 
                                        Games'' and inserting ``the Pan-
                                        American Games, or the Parapan 
                                        American Games''; and
                                            (ff) by striking the 
                                        subsection designation and 
                                        heading and all that follows 
                                        through ``An amateur sports 
                                        organization'' and inserting 
                                        ``An amateur sports 
                                        organization, a high-performance 
                                        management organization, or a 
                                        paralympic sports 
                                        organization'';
                          (iv) in section 220524, by striking ``amateur 
                      sports'' each place it appears;
                          (v) in section 220528--
                                    (I) by striking ``recognition'' each 
                                place it appears and inserting 
                                ``certification'';
                                    (II) by striking ``recognize'' each 
                                place it appears and inserting 
                                ``certify''; and
                                    (III) in subsection (g), in the 
                                subsection heading, by striking 
                                ``Recognition'' and inserting 
                                ``Certification'';
                          (vi) in section 220531--
                                    (I) by striking ``, each national 
                                governing body, and each paralympic 
                                sports organization'' each place it 
                                appears and inserting ``and each 
                                national governing body''; and
                                    (II) in subsection (c)(2), by 
                                striking ``each paralympic sports 
                                organization,'';
                          (vii) in section 220541(d)(3), by striking 
                      subparagraph (C);
                          (viii) in section 220542--
                                    (I) by striking ``or paralympic 
                                sports organization'' each place it 
                                appears; and
                                    (II) in subsection (a)(2)--
                                            (aa) in subparagraph (A), in 
                                        the matter preceding clause (i), 
                                        by striking ``, a paralympic 
                                        sports organization,'';
                                            (bb) in subparagraph (E), by 
                                        striking ``or a paralympic 
                                        sports organization of each 
                                        national governing body and 
                                        paralympic sports 
                                        organization''; and
                                            (cc) in subparagraph 
                                        (F)(i)--
                                                (AA) by striking ``, or 
                                            an adult'' and inserting 
                                            ``or an adult'';
                                                (BB) by striking ``, 
                                            paralympic sports 
                                            organization,''; and
                                                (CC) by striking ``, 
                                            paralympic sports 
                                            organizations,''.
                    (B) The table of sections for chapter 2205 of title 
                36, United States Code, <<NOTE: 36 USC 220501 prec.>>  
                is amended by striking the item relating to section 
                220521 and inserting the following:

        ``220521. Certification of national governing bodies.''.


[[Page 134 STAT. 958]]



    (b) Eligibility Requirements With Respect to Governing Boards.--
Section 220522 of title 36, United States Code, as amended by subsection 
(a)(2), is further amended--
            (1) in paragraph (2), by inserting ``, including the ability 
        to provide and enforce required athlete protection policies and 
        procedures'' before the semicolon;
            (2) in paragraph (4)(B)--
                    (A) by striking ``conducted in accordance with the 
                Commercial Rules of the American Arbitration 
                Association'' and inserting ``which arbitration under 
                this paragraph shall be conducted in accordance with the 
                standard commercial arbitration rules of an established 
                major national provider of arbitration and mediation 
                services based in the United States and designated by 
                the corporation with the concurrence of the Athletes' 
                Advisory Council and the National Governing Bodies' 
                Council''; and
                    (B) by striking ``Commercial Rules of Arbitration'' 
                and inserting ``standard commercial rules of arbitration 
                of such designated provider'';
            (3) in paragraph (5), in the matter preceding subparagraph 
        (A), by inserting ``except with respect to the oversight of the 
        organization,'' after ``sport,'';
            (4) by redesignating paragraphs (10) through (15) as 
        paragraphs (11) through (16), respectively;
            (5) by inserting after paragraph (9) the following:
            ``(10) <<NOTE: Criteria.>>  ensures that the selection 
        criteria for individuals and teams that represent the United 
        States are--
                    ``(A) <<NOTE: Determination. Consultation.>>  fair, 
                as determined by the corporation in consultation with 
                the national governing bodies, the Athletes' Advisory 
                Council, and the United States Olympians and 
                Paralympians Association;
                    ``(B) clearly articulated in writing and properly 
                communicated to athletes in a timely manner; and
                    ``(C) consistently applied, using objective and 
                subjective criteria appropriate to the applicable 
                sport;'';
            (6) by striking paragraph (13), as so redesignated, and 
        inserting the following:
            ``(13) <<NOTE: Guidelines.>>  demonstrates, based on 
        guidelines approved by the corporation, the Athletes' Advisory 
        Council, and the National Governing Bodies' Council, that--
                    ``(A) <<NOTE: Criteria. Procedures.>>  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, or have represented the 
                      United States in international amateur athletic 
                      competition, in the sport for which certification 
                      is sought;
                    ``(B) any exception to such guidelines by such 
                organization has been approved by--
                          ``(i) the corporation; and
                          ``(ii) the Athletes' Advisory Council; and
                    ``(C) the voting power held by such individuals is 
                not less than \1/3\ of the voting power held by its 
                board of directors and other such governing boards;'';

[[Page 134 STAT. 959]]

            (7) in paragraph (15), as so redesignated, by striking ``; 
        and'' and inserting a semicolon;
            (8) in paragraph (16), as so redesignated, by striking the 
        period at the end and inserting a semicolon; and
            (9) by adding at the end the following:
            ``(17) commits to submitting annual reports to the 
        corporation that include, for each calendar year--
                    ``(A) a description of the manner in which the 
                organization--
                          ``(i) carries out the mission to promote a 
                      safe environment in sports that is free from abuse 
                      of amateur athletes (including emotional, 
                      physical, and sexual abuse); and
                          ``(ii) addresses any sanctions or temporary 
                      measures required by the Center;
                    ``(B) a description of any cause of action or 
                complaint filed against the organization that was 
                pending or settled during the preceding calendar year; 
                and
                    ``(C) a detailed statement of--
                          ``(i) the income and expenses of the 
                      organization; and
                          ``(ii) the amounts expended on stipends, 
                      bonuses, and services for amateur athletes, 
                      organized by the level and gender of the amateur 
                      athletes;
            ``(18) commits to meeting any minimum standard or 
        requirement set forth by the corporation; and
            ``(19) provides protection from retaliation to protected 
        individuals.''.

    (c) General Duties of National Governing Bodies.--Section 220524 of 
title 36, United States Code, is amended--
            (1) in the matter preceding paragraph (1), by striking ``For 
        the sport'' and inserting the following:

    ``(a) In General.--For the sport'';
            (2) in subsection (a), as so designated--
                    (A) in paragraph (8), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (9), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(10) develop 1 or more policies that prohibit any 
        individual who is an employee, contractor, or agent of the 
        national governing body from assisting a member or former member 
        in obtaining a new job (except for the routine transmission of 
        administrative and personnel files) if the individual knows that 
        such member or former member violated the policies or procedures 
        of the Center related to sexual misconduct or was convicted of a 
        crime involving sexual misconduct with a minor in violation of 
        applicable law or the policies or procedures of the Center;
            ``(11) promote a safe environment in sports that is free 
        from abuse of any amateur athlete, including emotional, 
        physical, and sexual abuse;
            ``(12) take care to promote a safe environment in sports 
        using information relating to any temporary measure or sanction 
        issued pursuant to the authority of the Center;
            ``(13) immediately report to law enforcement any allegation 
        of child abuse of an amateur athlete who is a minor; and

[[Page 134 STAT. 960]]

            ``(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 
                subparagraph (C) of section 220541(a)(1); and
                    ``(B) the requirement described in paragraph (2)(A) 
                of section 220542(a).''; and
            (3) by adding at the end the following:

    ``(b) Rule of Construction.--Nothing in this section shall be 
construed to preempt or otherwise abrogate the duty of care of a 
national governing body under State law or the common law.''.
    (d) Elimination of Exhaustion of Remedies Requirement.--Section 
220527 of title 36, United States Code, is amended--
            (1) by striking subsection (b);
            (2) in subsection (c), by striking ``If the corporation'' 
        and all that follows through ``subsection (b)(1) of this 
        section, it'' and inserting ``The corporation''; and
            (3) by redesignating subsections (c) and (d) as subsections 
        (b) and (c), respectively.

    (e) Arbitration of Corporation Determinations.--Section 220529(a) of 
title 36, United States Code, is amended by striking ``any regional 
office of the American Arbitration Association'' and inserting ``the 
arbitration and mediation provider designated by the corporation under 
section 220522(a)(4)''.
    (f) 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. 8. MODIFICATIONS TO UNITED STATES CENTER FOR SAFESPORT.

    (a) Designation of United States Center for SafeSport.--
            (1) In general.--Section 220541 of title 36, United States 
        Code, is amended--
                    (A) in the section heading by striking ``safe 
                sport'' and inserting ``safesport'';
                    (B) by amending subsection (a) to read as follows:

    ``(a) Duties of Center.--
            ``(1) In general.--The United States Center for SafeSport 
        shall--
                    ``(A) serve as the independent national safe sport 
                organization and be recognized worldwide as the 
                independent national safe sport organization for the 
                United States;
                    ``(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;
                    ``(C) maintain an office for education and outreach 
                that shall develop training, oversight practices, 
                policies, and procedures to prevent the abuse, including 
                emotional,

[[Page 134 STAT. 961]]

                physical, and sexual abuse, of amateur athletes 
                participating in amateur athletic activities through 
                national governing bodies;
                    ``(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;
                    ``(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;
                    ``(F) maintain an office for compliance and audit 
                that shall--
                          ``(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
                          ``(ii) establish mechanisms that allow for the 
                      reporting and investigation of alleged violations 
                      of such policies and procedures;
                    ``(G) <<NOTE: Public information. Website. List.>>  
                publish and maintain a publicly accessible internet 
                website that contains a comprehensive list of adults who 
                are barred by the Center; and
                    ``(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 that provides procedural due process to 
                the individual, including, at a minimum--
                          ``(i) <<NOTE: Notice.>>  the provision of 
                      written notice of the allegations against the 
                      individual;
                          ``(ii) a right to be represented by counsel or 
                      other advisor;
                          ``(iii) an opportunity to be heard during the 
                      investigation;
                          ``(iv) in a case in which a violation is 
                      found, a reasoned written decision by the Center; 
                      and
                          ``(v) the ability to challenge, in a hearing 
                      or through arbitration, interim measures or 
                      sanctions imposed by the Center.
            ``(2) Rules of construction.--Nothing in this subsection 
        shall be construed--
                    ``(A) to preclude the Center from imposing interim 
                measures or sanctions on an individual before an 
                opportunity for a hearing or arbitration;
                    ``(B) to require the Center to meet a burden of 
                proof higher than the preponderance of the evidence;
                    ``(C) to give rise to a claim under State law or to 
                create a private right of action; or
                    ``(D) to render the Center a state actor.'';
                    (C) in subsection (b), by striking ``subsection 
                (a)(3)'' and inserting ``subsection (a)(1)(C)'';
                    (D) in subsection (d), as amended by section 
                7(a)(2)--
                          (i) in paragraph (3), by inserting after 
                      subparagraph (B) the following:
                    ``(C) the corporation;'';

[[Page 134 STAT. 962]]

                          (ii) by redesignating paragraph (3) as 
                      paragraph (4); and
                          (iii) by inserting after paragraph (2) the 
                      following:
            ``(3) Removal to federal court.--
                    ``(A) In general.--Any civil action brought in a 
                State court against the Center relating to the 
                responsibilities of the Center under this section, 
                section 220542, or section 220543, shall be removed, on 
                request by the Center, to the district court of the 
                United States in the district in which the action was 
                brought, and such district court shall have original 
                jurisdiction over the action without regard to the 
                amount in controversy or the citizenship of the parties 
                involved.
                    ``(B) Rule of construction.--Nothing in this chapter 
                shall be construed to create a private right of 
                action.''; and
                    (E) by adding at the end the following:

    ``(e) Training Materials.--The office for education and outreach 
referred to in subsection (a)(1)(C) shall--
            ``(1) develop training materials for specific audiences, 
        including coaches, trainers, doctors, young children, 
        adolescents, adults, and individuals with disabilities; and
            ``(2) <<NOTE: Deadlines. Updates.>>  not less frequently 
        than every 3 years, update such training materials.

    ``(f) Independence.--
            ``(1) <<NOTE: Time period.>>  Prohibition with respect to 
        former employees and board members.--A former employee or board 
        member of the corporation or a national governing body shall not 
        work or volunteer at the Center during the 2-year period 
        beginning on the date on which the former employee or board 
        member ceases employment with the corporation or national 
        governing body.
            ``(2) Athletes serving on board of directors of national 
        governing body.--
                    ``(A) In general.--An athlete serving on the board 
                of directors of a national governing body who is not 
                otherwise employed by the national governing body, may 
                volunteer at, or serve in an advisory capacity to, the 
                Center.
                    ``(B) <<NOTE: Time period.>>  Ineligibility for 
                employment.--An athlete who has served on the board of 
                directors of a national governing body shall not be 
                eligible for employment at the Center during the 2-year 
                period beginning on the date on which the athlete ceases 
                to serve on such board of directors.
            ``(3) Conflicts of interest.--An executive or attorney for 
        the Center shall be considered to have an inappropriate conflict 
        of interest if the executive or attorney also represents the 
        corporation or a national governing body.
            ``(4) Investigations.--
                    ``(A) In general.--The corporation and the national 
                governing bodies shall not interfere in, or attempt to 
                influence the outcome of, an investigation.
                    ``(B) Report.--In the case of an attempt to 
                interfere in, or influence the outcome of, an 
                investigation, not later than 72 hours after such 
                attempt, the Center shall submit to the Committee on 
                Commerce, Science, and Transportation of the Senate and 
                the Committee on Energy and

[[Page 134 STAT. 963]]

                Commerce and the Committee on the Judiciary of the House 
                of Representatives a report describing the attempt.
                    ``(C) Work product.--
                          ``(i) In general.--Any decision, report, 
                      memorandum, work product, notes, or case file of 
                      the Center--
                                    ``(I) <<NOTE: Confidentiality.>>  
                                shall be confidential; and
                                    ``(II) shall not be subject to 
                                discovery, subpoena, or any other means 
                                of legal compulsion in any civil action 
                                in which the Center is not a party to 
                                the action.
                          ``(ii) Rule of construction.--Nothing in this 
                      subparagraph shall be construed to prohibit the 
                      Center from providing work product described in 
                      clause (i) to a law enforcement agency for the 
                      purpose of assisting in a criminal investigation.

    ``(g) Funding.--
            ``(1) <<NOTE: Time periods.>>  Mandatory payments.--
                    ``(A) <<NOTE: Effective date.>> Fiscal year 2021.--
                On January 4, 2021, the corporation shall make a 
                mandatory payment of $20,000,000 to the Center for 
                operating costs of the Center for fiscal year 2021.
                    ``(B) <<NOTE: Deadline.>>  Subsequent fiscal 
                years.--For fiscal year 2022 and each fiscal year 
                thereafter, the corporation shall make a mandatory 
                payment of $20,000,000 to the Center not later than the 
                close of business on the first regular business day in 
                January.
            ``(2) Funds from national governing bodies.--The corporation 
        may use funds received from 1 or more national governing bodies 
        to make a mandatory payment required by paragraph (1).
            ``(3) Failure to comply.--
                    ``(A) In general.--The Center may file a lawsuit to 
                compel payment under paragraph (1).
                    ``(B) Penalty.--For each day of late or incomplete 
                payment of a mandatory payment under paragraph (1) after 
                January 1 of the applicable year, the Center shall be 
                allowed to recover from the corporation an additional 
                $20,000.
            ``(4) Accountability.--
                    ``(A) In general.--Amounts transferred to the Center 
                by the corporation or a national governing body shall be 
                used, in accordance with section 220503(15), primarily 
                for the purpose of carrying out the duties and 
                requirements under sections 220541 through 220543 with 
                respect to the investigation and resolution of 
                allegations of sexual misconduct, or other misconduct, 
                made by amateur athletes.
                    ``(B) Use of funds.--
                          ``(i) In general.--Of the amounts made 
                      available to the Center by the corporation or a 
                      national governing body in a fiscal year for the 
                      purpose described in section 220503(15)--
                                    ``(I) not less than 50 percent shall 
                                be used for processing the investigation 
                                and resolution of allegations described 
                                in subparagraph (A); and

[[Page 134 STAT. 964]]

                                    ``(II) not more than 10 percent may 
                                be used for executive compensation of 
                                officers and directors of the Center.
                          ``(ii) Reserve funds.--
                                    ``(I) In general.--If, after the 
                                Center uses the amounts as allocated 
                                under clause (i), the Center does not 
                                use the entirety of the remaining 
                                amounts for the purpose described in 
                                subparagraph (A), the Center may retain 
                                not more than 25 percent of such amounts 
                                as reserve funds.
                                    ``(II) Return of funds.--The Center 
                                shall return to the corporation and 
                                national governing bodies any amounts, 
                                proportional to the contributions of the 
                                corporation and national governing 
                                bodies, that remain after the retention 
                                described in subclause (I).
                          ``(iii) Lobbying and fundraising.--Amounts 
                      made available to the Center under this paragraph 
                      may not be used for lobbying or fundraising 
                      expenses.

    ``(h) Compliance Audits.--
            ``(1) <<NOTE: Deadlines.>>  In general.--Not less frequently 
        than annually, the Center shall carry out an audit of the 
        corporation and each national governing body--
                    ``(A) <<NOTE: Assessment.>>  to assess compliance 
                with policies and procedures developed under this 
                subchapter; and
                    ``(B) to ensure that consistent training relating to 
                the prevention of child abuse is provided to all staff 
                of the corporation and national governing bodies who are 
                in regular contact with amateur athletes and members who 
                are minors subject to parental consent.
            ``(2) Corrective measures.--
                    ``(A) In general.--The Center may impose on the 
                corporation or a national governing body a corrective 
                measure to achieve compliance with the policies and 
                procedures developed under this subchapter or the 
                training requirement described in paragraph (1)(B).
                    ``(B) Inclusions.--A corrective measure imposed 
                under subparagraph (A) may include the implementation of 
                an athlete safety program or specific policies, 
                additional compliance audits or training, and the 
                imposition of a probationary period.
                    ``(C) Enforcement.--
                          ``(i) In general.--On request by the Center, 
                      the corporation shall--
                                    ``(I) enforce any corrective measure 
                                required under subparagraph (A); and
                                    ``(II) <<NOTE: Reports.>>  report 
                                the status of enforcement with respect 
                                to a national governing body within a 
                                reasonable timeframe.
                          ``(ii) Methods.--The corporation may enforce a 
                      corrective measure through any means available to 
                      the corporation, including by withholding funds 
                      from a national governing body, limiting the 
                      participation of the national governing body in 
                      corporation events, and decertifying a national 
                      governing body.
                          ``(iii) <<NOTE: Time period. Reports.>>  
                      Effect of noncompliance.--If the corporation fails 
                      to enforce a corrective measure within 72

[[Page 134 STAT. 965]]

                      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 and the Committee on the 
                      Judiciary of the House of Representatives a report 
                      describing the noncompliance.
            ``(3) Annual report.--
                    ``(A) In general.--Not less frequently than 
                annually, the Center shall submit to Congress a report 
                on the findings of the audit under paragraph (1) for the 
                preceding year and the status of any corrective measures 
                imposed as a result of the audit.
                    ``(B) Public availability.--
                          ``(i) In general.--Each report under 
                      subparagraph (A) shall be made available to the 
                      public.
                          ``(ii) Personally identifiable information.--A 
                      report made available to the public shall not 
                      include the personally identifiable information of 
                      any individual.

    ``(i) 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:
            ``(1) The number and nature of misconduct complaints 
        referred to the Center, by sport.
            ``(2) The number and type of pending misconduct complaints 
        under investigation by the Center.
            ``(3) The number of misconduct complaints for which an 
        investigation was terminated or otherwise closed by the Center.
            ``(4) The number of such misconduct complaints reported to 
        law enforcement agencies by the Center for further 
        investigation.
            ``(5) The number of discretionary cases accepted or declined 
        by the Center, by sport.
            ``(6) The average time required for resolution of such cases 
        and misconduct complaints.
            ``(7) Information relating to the educational activities and 
        trainings conducted by the office of education and outreach of 
        the Center during the preceding quarter, including the number of 
        educational activities and trainings developed and provided.

    ``(j) Certifications of Independence.--
            ``(1) <<NOTE: Deadline. Public information.>>  In general.--
        Not later than 180 days after the end of a fiscal year, the 
        Comptroller General of the United States shall make available to 
        the public a certification relating to the Center's independence 
        from the corporation.
            ``(2) Elements.--A certification required by paragraph (1) 
        shall include the following:
                    ``(A) A finding of whether a violation of a 
                prohibition on employment of former employees or board 
                members of the corporation under subsection (f) has 
                occurred during the year preceding the certification.
                    ``(B) A finding of whether an executive or attorney 
                for the Center has had an inappropriate conflict of 
                interest during that year.

[[Page 134 STAT. 966]]

                    ``(C) A finding of whether the corporation has 
                interfered in, or attempted to influence the outcome of, 
                an investigation by the Center.
                    ``(D) <<NOTE: Recommenda- tions.>>  Any 
                recommendations of the Comptroller General for resolving 
                any potential risks to the Center's independence from 
                the corporation.
            ``(3) Authority of comptroller general.--
                    ``(A) In general.--The Comptroller General may take 
                such reasonable steps as, in the view of the Comptroller 
                General, are necessary to be fully informed about the 
                operations of the corporation and the Center.
                    ``(B) Specific authorities.--The Comptroller General 
                shall have--
                          ``(i) access to, and the right to make copies 
                      of, any and all nonprivileged books, records, 
                      accounts, correspondence, files, or other 
                      documents or electronic records, including emails, 
                      of officers, agents, and employees of the Center 
                      or the corporation; and
                          ``(ii) the right to interview any officer, 
                      employee, agent, or consultant of the Center or 
                      the corporation.
                    ``(C) Treatment of privileged information.--If, 
                under this subsection, the Comptroller General seeks 
                access to information contained within privileged 
                documents or materials in the possession of the Center 
                or the corporation, the Center or the corporation, as 
                the case may be, shall, to the maximum extent 
                practicable, provide the Comptroller General with the 
                information without compromising the applicable 
                privilege.''.
            (2) Technical and conforming amendments.--
                    (A) Subchapter IV of chapter 2205 of title 36, 
                United States Code, as redesignated by section 
                5(a)(1), <<NOTE: 36 USC 220541 prec.>>  is amended in 
                the subchapter heading by striking ``SAFE SPORT'' and 
                inserting ``SAFESPORT''.
                    (B) The table of sections for chapter 2205 of title 
                36, United States Code, <<NOTE: 36 USC 220501 prec.>>  
                is amended by striking the item relating to section 
                220541 and inserting the following:

``220541. Designation of United States Center for SafeSport.''.

    (b) Additional Duties of Center.--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;

[[Page 134 STAT. 967]]

                          (iii) by inserting after subparagraph (A) the 
                      following:
                    ``(B) <<NOTE: Requirement.>>  a requirement that the 
                Center shall immediately report to law enforcement 
                consistent with section 226 of the Victims of Child 
                Abuse Act of 1990 (34 U.S.C. 20341) any allegation of 
                child abuse of an amateur athlete who is a minor, 
                including any report of such abuse submitted to the 
                Center by a minor or by any person who is not otherwise 
                required to report such abuse;
                    ``(C) 1 or more policies that prohibit any 
                individual who is an employee, contractor, or agent of 
                the Center from assisting a member or former member in 
                obtaining a new job (except for the routine transmission 
                of administrative and personnel files) if the individual 
                knows that such member or former member violated the 
                policies or procedures of the Center related to sexual 
                misconduct or was convicted of a crime involving sexual 
                misconduct with a minor in violation of applicable law;
                    ``(D) <<NOTE: Requirement.>>  a requirement that the 
                Center, including any officer, agent, attorney, or staff 
                member of the Center, shall not take any action to 
                notify an alleged perpetrator of abuse of an amateur 
                athlete of any ongoing investigation or accusation 
                unless--
                          ``(i) the Center has reason to believe an 
                      imminent hazard will result from failing to so 
                      notify the alleged perpetrator; or
                          ``(ii) law enforcement--
                                    ``(I) authorizes the Center to take 
                                such action; or
                                    ``(II) <<NOTE: Time period.>>  
                                declines or fails to act on, or fails to 
                                respond to the Center with respect to, 
                                the allegation within 72 hours after the 
                                time at which the Center reports to law 
                                enforcement under subparagraph (B);'';
                          (iv) in subparagraph (F), as so redesignated, 
                      by inserting ``, including communications,'' after 
                      ``interactions'';
                          (v) by amending subparagraph (G), as so 
                      redesignated, to read as follows:
                    ``(G) procedures to prohibit retaliation by the 
                corporation or any national governing body against any 
                individual who makes--
                          ``(i) a report under subparagraph (A) or (E); 
                      or
                          ``(ii) any other report relating to abuse of 
                      any amateur athlete, including emotional, 
                      physical, and sexual abuse;'';
                          (vi) in subparagraph (H), as so redesignated, 
                      by striking ``; and'' and inserting a semicolon;
                          (vii) in subparagraph (I), as so redesignated, 
                      by striking the period at the end of clause (ii) 
                      and inserting a semicolon; and
                          (viii) by adding at the end the following:
                    ``(J) <<NOTE: Determination.>>  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

[[Page 134 STAT. 968]]

                arbitration, unless the probative value of the use or 
                admission of such evidence, as determined by the Center 
                or the arbitrator, as applicable, substantially 
                outweighs the danger of--
                          ``(i) any harm to the alleged victim; and
                          ``(ii) unfair prejudice to any party; and
                    ``(K) training for investigators on appropriate 
                methods and techniques for ensuring sensitivity toward 
                alleged victims during interviews and other 
                investigative activities.''.

    (c) Records, Audits, and Reports.--Section 220543 of title 36, 
United States Code, is amended--
            (1) by striking subsection (b) and inserting the following:

    ``(b) Audits and Transparency.--
            ``(1) Annual audit.--
                    ``(A) In general.--Not less frequently than 
                annually, the financial statements of the Center for the 
                preceding fiscal year shall be audited by an independent 
                auditor in accordance with generally accepted accounting 
                principles--
                          ``(i) to ensure the adequacy of the internal 
                      controls of the Center; and
                          ``(ii) to prevent waste, fraud, or misuse of 
                      funds transferred to the Center by the corporation 
                      or the national governing bodies.
                    ``(B) Location.--An audit under subparagraph (A) 
                shall be conducted at the location at which the 
                financial statements of the Center normally are kept.
                    ``(C) Report.--Not later than 180 days after the 
                date on which an audit under subparagraph (A) is 
                completed, the independent auditor shall issue an audit 
                report.
                    ``(D) Corrective action plan.--
                          ``(i) In general.--On completion of the audit 
                      report under subparagraph (C) for a fiscal year, 
                      the Center shall prepare, in a separate document, 
                      a corrective action plan that responds to any 
                      corrective action recommended by the independent 
                      auditor.
                          ``(ii) Matters to be included.--A corrective 
                      action plan under clause (i) shall include the 
                      following for each such corrective action:
                                    ``(I) The name of the person 
                                responsible for the corrective action.
                                    ``(II) A description of the planned 
                                corrective action.
                                    ``(III) The anticipated completion 
                                date of the corrective action.
                                    ``(IV) In the case of a recommended 
                                corrective action based on a finding in 
                                the audit report with which the Center 
                                disagrees, or for which the Center 
                                determines that corrective action is not 
                                required, an explanation and a specific 
                                reason for noncompliance with the 
                                recommendation.
            ``(2) Access to records and personnel.--With respect to an 
        audit under paragraph (1), the Center shall provide the 
        independent auditor access to all records, documents, and 
        personnel and financial statements of the Center necessary to 
        carry out the audit.
            ``(3) Public availability.--

[[Page 134 STAT. 969]]

                    ``(A) <<NOTE: Web posting.>>  In general.--The 
                Center shall make available to the public on an easily 
                accessible internet website of the Center--
                          ``(i) each audit report under paragraph 
                      (1)(C);
                          ``(ii) the Internal Revenue Service Form 990 
                      of the Center for each year, filed under section 
                      501(c) of the Internal Revenue Code of 1986; and
                          ``(iii) the minutes of the quarterly meetings 
                      of the board of directors of the Center.
                    ``(B) Personally identifiable information.--An audit 
                report or the minutes made available under subparagraph 
                (A) shall not include the personally identifiable 
                information of any individual.
            ``(4) Rule of construction.--For purposes of this 
        subsection, the Center shall be considered a private entity.

    ``(c) Report.--The Center shall submit an annual report to Congress, 
including--
            ``(1) <<NOTE: Strategic plan.>>  a strategic plan with 
        respect to the manner in which the Center shall fulfill its 
        duties under sections 220541 and 220542;
            ``(2) <<NOTE: Compliance.>>  a detailed description of the 
        efforts made by the Center to comply with such strategic plan 
        during the preceding year;
            ``(3) any financial statement necessary to present fairly 
        the assets, liabilities, and surplus or deficit of the Center 
        for the preceding year;
            ``(4) <<NOTE: Analysis.>>  an analysis of the changes in the 
        amounts of such assets, liabilities, and surplus or deficit 
        during the preceding year;
            ``(5) a detailed description of Center activities, 
        including--
                    ``(A) the number and nature of misconduct complaints 
                referred to the Center;
                    ``(B) the total number and type of pending 
                misconduct complaints under investigation by the Center;
                    ``(C) the number of misconduct complaints for which 
                an investigation was terminated or otherwise closed by 
                the Center; and
                    ``(D) the number of such misconduct complaints 
                reported to law enforcement agencies by the Center for 
                further investigation;
            ``(6) a detailed description of any complaint of retaliation 
        made during the preceding year by an officer or employee of the 
        Center or a contractor or subcontractor of the Center that 
        includes--
                    ``(A) the number of such complaints; and
                    ``(B) the outcome of each such complaint;
            ``(7) information relating to the educational activities and 
        trainings conducted by the office of education and outreach of 
        the Center during the preceding year, including the number of 
        educational activities and trainings developed and provided; and
            ``(8) a description of the activities of the Center.

    ``(d) Definitions.--In this section--
            ``(1) <<NOTE: Assessments.>>  `audit report' means a report 
        by an independent auditor that includes--
                    ``(A) an opinion or a disclaimer of opinion that 
                presents the assessment of the independent auditor with 
                respect to the financial records of the Center, 
                including whether

[[Page 134 STAT. 970]]

                such records are accurate and have been maintained in 
                accordance with generally accepted accounting 
                principles;
                    ``(B) an assessment of the internal controls used by 
                the Center that describes the scope of testing of the 
                internal controls and the results of such testing; and
                    ``(C) a compliance assessment that includes an 
                opinion or a disclaimer of opinion as to whether the 
                Center has complied with the terms and conditions of 
                subsection (b); and
            ``(2) `independent auditor' means an independent certified 
        public accountant or independent licensed public accountant, 
        certified or licensed by a regulatory authority of a State or a 
        political subdivision of a State, who meets the standards 
        specified in generally accepted accounting principles.''.
SEC. 9. 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 certification of a 
                national governing body, as defined in that section, 
                under section 220521 of that title.''.
SEC. 10. ENHANCED CHILD ABUSE REPORTING.

    Section 226(c)(9) of the Victims of Child Abuse Act of 1990 (34 
U.S.C. 20341(c)(9)) is amended--
            (1) by striking ``adult who is authorized'' and inserting 
        the following: ``adult who--
                    ``(A) is authorized'';
            (2) in subparagraph (A), as so designated, by inserting 
        ``or'' after the semicolon at the end; and
            (3) by adding at the end the following:
                    ``(B) is an employee or representative of the United 
                States Center for SafeSport;''.
SEC. 11. COMMISSION ON THE STATE OF U.S. OLYMPICS AND PARALYMPICS.

    (a) Establishment.--There is established within the legislative 
branch a commission, to be known as the ``Commission on the State of 
U.S. Olympics and Paralympics'' (referred to in this section as the 
``Commission'').
    (b) Composition.--
            (1) <<NOTE: Appointments.>>  In general.--The Commission 
        shall be composed of 16 members, of whom--
                    (A) 4 members shall be appointed by the chairman of 
                the Committee on Commerce, Science, and Transportation 
                of the Senate;

[[Page 134 STAT. 971]]

                    (B) 4 members shall be appointed by the ranking 
                member of the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (C) 4 members shall be appointed by the chairman of 
                the Committee on Energy and Commerce of the House of 
                Representatives; and
                    (D) 4 members shall be appointed by the ranking 
                member of the Committee on Energy and Commerce of the 
                House of Representatives.
            (2) <<NOTE: Designations.>>  Co-chairs.--Of the members of 
        the Commission--
                    (A) 1 co-chair shall be designated by the chairman 
                of the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) 1 co-chair shall be designated by the chairman 
                of the Committee on Energy and Commerce of the House of 
                Representatives.
            (3) Qualifications.--
                    (A) In general.--Each member appointed to the 
                Commission shall have the following qualifications:
                          (i) Experience in 1 or more of the following:
                                    (I) Amateur, Olympic and Paralympic, 
                                or professional athletics.
                                    (II) Elite athletic coaching.
                                    (III) Public service relating to 
                                sports.
                                    (IV) Professional advocacy for 
                                increased minority participation in 
                                sports.
                                    (V) Olympic and Paralympic sports 
                                administration or professional sports 
                                administration.
                          (ii) Expertise in bullying prevention and the 
                      promotion of a healthy organizational culture.
                    (B) Olympic or paralympic athletes.--Not fewer than 
                8 members appointed under paragraph (1) shall be current 
                or former Olympic or Paralympic athletes.

    (c) <<NOTE: Deadline.>>  Initial Meeting.--Not later than 30 days 
after the date on which the last member is appointed under paragraph 
(1), the Commission shall hold an initial meeting.

    (d) Quorum.--11 members of the Commission shall constitute a quorum.
    (e) No Proxy Voting.--Proxy voting by members of the Commission 
shall be prohibited.
    (f) Staff. <<NOTE: Appointments.>> --The co-chairs of the Commission 
shall appoint an executive director of the Commission, and such staff as 
appropriate, with compensation.

    (g) Public Hearings.--The Commission shall hold 1 or more public 
hearings.
    (h) Travel Expenses.--Members of the Commission shall serve without 
pay, but shall receive travel expenses in accordance with sections 5702 
and 5703 of title 5, United States Code.
    (i) Duties of Commission.--
            (1) Study.--
                    (A) In general.--The Commission shall conduct a 
                study on matters relating to the state of United States 
                participation in the Olympic and Paralympic Games.
                    (B) Matters studied.--The study under subparagraph 
                (A) shall include--

[[Page 134 STAT. 972]]

                          (i) <<NOTE: Review.>>  a review of the most 
                      recent reforms undertaken by the United States 
                      Olympic and Paralympic Committee;
                          (ii) a description of proposed reforms to the 
                      structure of the United States Olympic and 
                      Paralympic Committee;
                          (iii) <<NOTE: Assessment.>>  an assessment as 
                      to whether the board of directors of the United 
                      States Olympic and Paralympic Committee includes 
                      diverse members, including athletes;
                          (iv) <<NOTE: Assessment.>>  an assessment of 
                      United States athlete participation levels in the 
                      Olympic and Paralympic Games;
                          (v) a description of the status of any United 
                      States Olympic and Paralympic Committee licensing 
                      arrangement;
                          (vi) <<NOTE: Assessment.>>  an assessment as 
                      to whether the United States is achieving the 
                      goals for the Olympic and Paralympic Games set by 
                      the United States Olympic and Paralympic 
                      Committee;
                          (vii) <<NOTE: Analysis.>>  an analysis of the 
                      participation in amateur athletics of--
                                    (I) women;
                                    (II) disabled individuals; and
                                    (III) minorities;
                          (viii) a description of ongoing efforts by the 
                      United States Olympic and Paralympic Committee to 
                      recruit the Olympic and Paralympic Games to the 
                      United States;
                          (ix) <<NOTE: Evaluation. Analysis.>>  an 
                      evaluation of the functions of the national 
                      governing bodies (as defined in section 220501 of 
                      title 36, United States Code) and an analysis of 
                      the responsiveness of the national governing 
                      bodies to athletes with respect to the duties of 
                      the national governing bodies under section 
                      220524(a)(3) of title 36, United States Code; and
                          (x) <<NOTE: Assessment.>>  an assessment of 
                      the finances and the financial organization of the 
                      United States Olympic and Paralympic Committee.
            (2) Report.--
                    (A) In general.--Not later than 270 days after the 
                date of the enactment of this Act, the Commission shall 
                submit to Congress a report on the results of the study 
                conducted under paragraph (1), including a detailed 
                statement of findings, conclusions, recommendations, and 
                suggested policy changes.
                    (B) <<NOTE: Web posting.>>  Public availability.--
                The report required by subparagraph (A) shall be made 
                available to the public on an internet website of the 
                United States Government that is available to the 
                public.

    (j) Powers of Commission.--
            (1) Subpoena authority.--The Commission may subpoena an 
        individual the testimony of whom may be relevant to the purpose 
        of the Commission.
            (2) Furnishing information.--On request by the executive 
        director of the Commission, the head of a Federal agency shall 
        furnish information to the Commission.

[[Page 134 STAT. 973]]

    (k) Termination of Commission.--The Commission shall terminate 90 
days after the date on which the Commission submits the report under 
subsection (i)(2).
    (l) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this section.
SEC. 12. <<NOTE: 36 USC 220501 note.>>  SEVERABILITY.

    If any provision of this Act, or an amendment made by this Act, is 
determined to be unenforceable or invalid, the remaining provisions of 
this Act and the amendments made by this Act shall not be affected.

    Approved October 30, 2020.

LEGISLATIVE HISTORY--S. 2330:
---------------------------------------------------------------------------

SENATE REPORTS: No. 116-245 (Comm. on Commerce, Science, and 
Transportation).
CONGRESSIONAL RECORD, Vol. 166 (2020):
            Aug. 4, considered and passed Senate.
            Oct. 1, considered and passed House.

                                  <all>

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