August 4, 2020 - Issue: Vol. 166, No. 138 — Daily Edition116th Congress (2019 - 2020) - 2nd Session
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EMPOWERING OLYMPIC AND AMATEUR ATHLETES ACT OF 2019; Congressional Record Vol. 166, No. 138
(Senate - August 04, 2020)
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[Pages S4688-S4699] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] EMPOWERING OLYMPIC AND AMATEUR ATHLETES ACT OF 2019 Mr. MORAN. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 503, S. 2330. The PRESIDING OFFICER. The clerk will report the bill by title. The bill clerk read as follows: A bill (S. 2330) to amend the Ted Stevens Olympic and Amateur Sports Act to provide for congressional oversight of the board of directors of the United States Olympic and Paralympic Committee and to protect amateur athletes from emotional, physical, and sexual abuse, and for other purposes. There being no objection, the Senate proceeded to consider the bill, which had been reported from the Committee on Commerce, Science, and Transportation, with an amendment to strike all after the enacting clause and insert in lieu thereof the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``Empowering Olympic and Amateur Athletes Act of 2019''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The courageous voice of survivors is a call to action to end emotional, physical, and sexual abuse in the Olympic and Paralympic movement. (2) Larry Nassar, the former national team doctor for USA Gymnastics, sexually abused over 300 athletes for over two decades because of ineffective oversight by USA Gymnastics and the United States Olympic Committee. (3) While the case of Larry Nassar is unprecedented in scale, the case is hardly the only recent incident of sexual abuse in amateur sports. (4) Survivors of Larry Nassar's abuse and all survivors of abuse in the Olympic and Paralympic movement deserve justice and redress for the wrongs the survivors have suffered. (5) After a comprehensive congressional investigation, including interviews and statements from survivors, former and current organization officials, law enforcement, and advocates, Congress found that the United States Olympic Committee and USA Gymnastics fundamentally failed to uphold their existing statutory purposes and duty to protect amateur athletes from sexual, emotional, or physical abuse. (6) USA Gymnastics and the United States Olympic Committee knowingly concealed abuse by Larry Nassar, leading to the abuse of dozens of additional amateur athletes during the period beginning in the summer of 2015 and ending in September 2016. (7) Ending abuse in the Olympic and Paralympic movement requires enhanced oversight to ensure that the Olympic and Paralympic movement does more to serve athletes and protect their voice and safety. SEC. 3. UNITED STATES OLYMPIC AND PARALYMPIC COMMITTEE. (a) In General.--Chapter 2205 of title 36, United States Code, is amended-- (1) in the chapter heading, by striking ``UNITED STATES OLYMPIC COMMITTEE'' and inserting ``UNITED STATES OLYMPIC AND PARALYMPIC COMMITTEE''; (2) in section 220501(b)(6), by striking ``United States Olympic Committee'' and inserting ``United States Olympic and Paralympic Committee''; (3) in section 220502, by amending subsection (c) to read as follows: ``(c) References to United States Olympic Association and United States Olympic Committee.--Any reference to the United States Olympic Association or the United States Olympic Committee is deemed to refer to the United States Olympic and Paralympic Committee.''; (4) in section 220506(a), by striking ``United States Olympic Committee'' and inserting ``United States Olympic and Paralympic Committee''; and (5) in section 220531, by striking ``United States Olympic Committee'' each place it appears and inserting ``United States Olympic and Paralympic Committee''. (b) Conforming Amendments.--The table of chapters for part B of subtitle II of title 36, United States Code, is amended by striking the item relating to chapter 2205 and inserting the following: ``2205. United States Olympic and Paralympic Committee ... 220501''.... SEC. 4. CONGRESSIONAL OVERSIGHT OF UNITED STATES OLYMPIC AND PARALYMPIC COMMITTEE AND NATIONAL GOVERNING BODIES. (a) In General.--Chapter 2205 of title 36, United States Code, is amended-- (1) by redesignating the second subchapter designated as subchapter III (relating to the United States Center for SafeSport), as added by section 202 of the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 (Public Law 115-126; 132 Stat. 320) as subchapter IV; and (2) by adding at the end the following: ``SUBCHAPTER V--DISSOLUTION OF BOARD OF DIRECTORS OF CORPORATION AND TERMINATION OF RECOGNITION OF NATIONAL GOVERNING BODIES ``Sec. 220551. Definitions ``In this subchapter, the term `joint resolution' means a joint resolution-- ``(1) which does not have a preamble; and ``(2) for which-- ``(A)(i) the title is only as follows: `A joint resolution to dissolve the board of directors of the United States Olympic and Paralympic Committee'; and ``(ii) the matter after the resolving clause-- ``(I) is as follows: `That Congress finds that dissolving the board of directors of the United States Olympic and Paralympic Committee would not unduly interfere with the operations of chapter 2205 of title 36, United States Code'; and ``(II) prescribes adequate procedures for forming a board of directors of the corporation with all reasonable expediency and in a manner that safeguards the voting power of the representatives of amateur athletes at all times; or ``(B)(i) the title is only as follows: `A joint resolution relating to terminating the recognition of a national governing body'; and ``(ii) the matter after the resolving clause is only as follows: `That Congress determines that _________, which is recognized as a national governing body under section 220521 of title 36, United States Code, has failed to fulfill its duties, as described in section 220524 of title 36, United States Code', the blank space being filled in with the name of the applicable national governing body. ``Sec. 220552. Dissolution of board of directors of corporation and termination of recognition of national governing bodies ``(a) Dissolution of Board of Directors of Corporation.-- Effective on the date of enactment of a joint resolution described in section 220551(2)(A) with respect to the board of directors of the corporation, such board of directors shall be dissolved. ``(b) Termination of Recognition of National Governing Body.--Effective on the date of enactment of a joint resolution described in section 220551(2)(B) with respect to a national governing body, the recognition of the applicable amateur sports organization as a national governing body shall cease to have force or effect. ``Sec. 220553. Joint resolution ``(a) Referral and Reporting.-- ``(1) House of representatives.-- ``(A) In general.--In the House of Representatives, a joint resolution shall be referred to the Committee on Energy and Commerce. ``(B) Discharge.--The Committee on Energy and Commerce shall be discharged from further consideration of a joint resolution and the joint [[Page S4689]] resolution shall be referred to the appropriate calendar on the date on which not less than three-fifths of the Members of the House of Representatives, duly chosen and sworn, are listed as cosponsors of the joint resolution. ``(C) Limitation on consideration.--Except as provided in subsection (e)(1), it shall not be in order for the House of Representatives to consider a joint resolution unless-- ``(i) the joint resolution is reported by the Committee on Energy and Commerce; or ``(ii) the Committee on Energy and Commerce is discharged from further consideration of the joint resolution under subparagraph (B). ``(2) Senate.-- ``(A) In general.--In the Senate, a joint resolution shall be referred to the Committee on Commerce, Science, and Transportation. ``(B) Discharge.--The Committee on Commerce, Science, and Transportation shall be discharged from further consideration of the joint resolution and the joint resolution shall be referred to the appropriate calendar on the date on which not less than three-fifths of the Members of the Senate, duly chosen and sworn, are listed as cosponsors of the joint resolution. ``(C) Limitation on consideration.--Except as provided in subsection (e)(1), it shall not be in order for the Senate to consider a joint resolution unless-- ``(i) the joint resolution is reported by the Committee on Commerce, Science, and Transportation; or ``(ii) the Committee on Commerce, Science, and Transportation is discharged from further consideration of the joint resolution under subparagraph (B). ``(b) Expedited Consideration in House of Representatives.-- ``(1) Proceeding to consideration.--After the Committee on Energy and Commerce reports a joint resolution to the House of Representatives or has been discharged from its consideration in accordance with subsection (a)(1)(B), it shall be in order to move to proceed to consider the joint resolution in the House of Representatives. All points of order against the motion are waived. Such a motion shall not be in order after the House of Representatives has disposed of a motion to proceed on a joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion is highly privileged in the House of Representatives and is not debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. ``(2) Consideration.--A joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its final passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order. ``(c) Expedited Procedure in Senate.-- ``(1) Motion to proceed.--Notwithstanding rule XXII of the Standing Rules of the Senate, after the Committee on Commerce, Science, and Transportation reports a joint resolution to the Senate or has been discharged from its consideration in accordance with subsection (a)(2)(B), it shall be in order for any Member of the Senate to move to proceed to the consideration of the joint resolution. A motion to proceed is in order even though a previous motion to the same effect has been disagreed to. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business until disposed of. ``(2) Consideration.--Consideration of a joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the Majority and Minority Leaders or their designees. A motion further to limit debate is in order and not debatable. A motion to postpone, a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. Any debatable motion is debatable for not to exceed 1 hour, to be divided equally between those favoring and those opposing the motion. All time used for consideration of the joint resolution, including time used for quorum calls and voting, shall be counted against the total 10 hours of consideration. ``(3) Vote on passage.--If the Senate has voted to proceed to a joint resolution, the vote on passage of the joint resolution shall occur immediately following the conclusion of consideration of the joint resolution, and a single quorum call at the conclusion of the consideration if requested in accordance with the rules of the Senate. ``(4) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution shall be decided without debate. ``(d) Amendments Not in Order.--A joint resolution shall not be subject to amendment in either the House of Representatives or the Senate. ``(e) Rules to Coordinate Action With Other House.-- ``(1) Treatment of joint resolution of other house.-- ``(A) In general.--If the Senate or House of Representatives fails to introduce or consider a joint resolution under this section, the joint resolution of the other House-- ``(i) shall be entitled to expedited floor procedures described under this section; and ``(ii) may be referred in the receiving chamber or may be held at the desk. ``(B) Potential referral.--If a joint resolution referred to a committee under subparagraph (A)(ii) is cosponsored by not less than three-fifths of the Members of the originating House, duly chosen and sworn, the committee shall report the joint resolution not later than 20 days after the date on which the joint resolution is referred to the committee. ``(2) Vetoes.--If the President vetoes a joint resolution, debate on a veto message in the Senate under this section shall be 1 hour equally divided between the Majority and Minority leaders or their designees. ``(f) Rulemaking Function.--This section is enacted by Congress-- ``(1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and ``(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.''. (b) Technical and Conforming Amendments.--The table of sections for chapter 2205 of title 36, United States Code, is amended-- (1) by striking the second item relating to subchapter III (relating to the United States Center for SafeSport), as added by section 202 of the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 (Public Law 115-126; 132 Stat. 320) and inserting the following: ``subchapter iv--united states center for safesport''; and (2) by adding at the end the following: ``subchapter v--dissolution of board of directors of corporation and termination of recognition of national governing bodies ``220551. Definitions. ``220552. Dissolution of board of directors of corporation and termination of recognition of national governing bodies. ``220553. Joint resolution.''. (c) Effective Date.--The amendments made by this section shall take effect on the date that is 1 year after the date of the enactment of this Act. SEC. 5. MODIFICATIONS TO UNITED STATES OLYMPIC AND PARALYMPIC COMMITTEE. (a) Purposes of the Corporation.--Section 220503 of title 36, United States Code, is amended-- (1) in paragraph (9), by inserting ``and access to'' after ``development of''; (2) in paragraph (14), by striking ``; and'' and inserting a semicolon; (3) in paragraph (15), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(16) to effectively oversee the national governing bodies with respect to compliance with and implementation of the policies and procedures of the corporation, including policies and procedures on the establishment of a safe environment in sports as described in paragraph (15).''. (b) Modifications to Membership in Corporation and Representation of Athletes.-- (1) Definition of athletes' advisory council.--Section 220501(b) of title 36, United States Code, is amended-- (A) by striking paragraph (9); (B) by redesignating paragraphs (4) through (8) as paragraphs (5) through (9), respectively; and (C) by inserting after paragraph (3) the following: ``(4) `Athletes' Advisory Council' means the entity established and maintained under section 220504(b)(2)(A) that-- ``(A) is composed of, and elected by, amateur athletes to ensure communication between the corporation and currently active amateur athletes; and ``(B) serves as a source of amateur-athlete opinion and advice with respect to policies and proposed policies of the corporation.''. (2) Membership and representation.--Section 220504 of title 36, United States Code, is amended-- (A) in subsection (a), by inserting ``and membership shall be available only to national governing bodies'' before the period at the end; (B) in subsection (b)(2)-- (i) in the matter preceding subparagraph (A), by striking ``within the preceding 10 years''; (ii) by striking subparagraph (A) and inserting the following: ``(A) establish and maintain an Athletes' Advisory Council;''; (iii) in subparagraph (B)-- (I) by striking ``20 percent'' and inserting ``\1/3\''; and (II) by inserting ``, including any panel empowered to resolve grievances'' before the semicolon; (iv) by redesignating subparagraph (B) as subparagraph (D); and (v) by inserting after subparagraph (A) the following: ``(B) ensure that the chair of the Athletes' Advisory Council, or the designee of the chair, holds voting power on the board of directors of the corporation and in the committees and entities of the corporation; ``(C) require that \1/3\ of the membership of the board of directors of the corporation shall be composed of, and elected by, such amateur athletes, including not fewer than one amateur athlete who-- [[Page S4690]] ``(i) is actively engaged in representing the United States in amateur athletic competition; or ``(ii) has represented the United States in international amateur athletic competition during the preceding 10-year period; and''; and (C) by adding at the end the following: ``(c) Conflict of Interest.--An athlete who represents athletes under subsection (b)(2) shall not be employed by the Center, or serve in a capacity that exercises decision-making authority on behalf of the Center, during the two-year period beginning on the date on which the athlete ceases such representation. ``(d) Certification Requirements.--The bylaws of the corporation shall include a description of all generally applicable certification requirements for membership in the corporation.''. (c) Duties.-- (1) In general.--Section 220505 of title 36, United States Code, is amended-- (A) in the section heading, by striking ``Powers'' and inserting ``Powers and duties''; and (B) by adding at the end the following: ``(d) Duties.-- ``(1) In general.--The duty of the corporation to amateur athletes includes the adoption, effective implementation, and enforcement of policies and procedures designed-- ``(A) to immediately report to law enforcement and the Center any allegation of child abuse of an amateur athlete who is a minor; ``(B) to ensure that each national governing body has in place policies and procedures to report immediately any allegation of child abuse of an amateur athlete, consistent with-- ``(i) the policies and procedures developed under paragraph (3) of section 220541(a); and ``(ii) the requirement described in paragraph (2)(A) of section 220542(a); and ``(C) to ensure that each national governing body and the corporation enforces temporary measures and sanctions issued pursuant to the authority of the Center. ``(2) Rule of construction.--Nothing in this subsection shall be construed to preempt or otherwise abrogate the duty of care of the corporation under State law or the common law.''. (2) Conforming amendment.--The table of sections for chapter 2205 of title 36, United States Code, is amended by striking the item relating to section 220505 and inserting the following: ``220505. Powers and duties.''. (d) Policy With Respect to Assisting Members or Former Members in Obtaining Jobs.--Section 220507 of title 36, United States Code, is amended by adding at the end the following: ``(c) Policy With Respect to Assisting Members or Former Members in Obtaining Jobs.--The corporation shall develop 1 or more policies that prohibit any individual who is an employee, contractor, or agent of the corporation from assisting a member or former member in obtaining a new job (except the routine transmission of administrative and personnel files) if the individual knows that such member or former member violated the policies or procedures of the Center related to sexual misconduct or was convicted of a crime involving sexual misconduct with a minor in violation of applicable law.''. (e) Office of the Athlete Ombudsman.--Section 220509(b) of title 36, United States Code, is amended-- (1) in the subsection heading, by striking ``Ombudsman'' and inserting ``Office of the Athlete Ombudsman''; (2) in paragraph (2)-- (A) in subparagraph (A), by moving clauses (i) through (iii) two ems to the right; (B) by striking ``(2)(A) The procedure'' and inserting the following: ``(2) Hiring procedures; vacancy; termination.-- ``(A) Hiring procedures.--The procedure''; (C) in subparagraph (B)-- (i) by moving clauses (i) through (iii) two ems to the right; and (ii) by striking ``(B) The corporation'' and inserting the following: ``(C) Termination.--The corporation''; and (D) in the undesignated matter following clause (iii) of subparagraph (A), by striking ``If there is'' and inserting the following: ``(B) Vacancy.--If there is''; (3) by redesignating paragraph (2) as paragraph (3); (4) in paragraph (1), in the matter preceding subparagraph (A), by striking ``(1) The corporation'' and all that follows through ``who shall-- '' and inserting the following: ``(1) In general.--The corporation shall hire and provide salary, benefits, and administrative expenses for an ombudsman and support staff for athletes. ``(2) Duties.--The Office of the Athlete Ombudsman shall-- ''; (5) in paragraph (2), as so designated by paragraph (4)-- (A) by amending subparagraph (B) to read as follows: ``(B) assist in the resolution of athlete concerns;''; (B) by redesignating subparagraph (C) as subparagraph (D); and (C) by inserting after subparagraph (B) the following: ``(C) provide independent advice to athletes with respect to-- ``(i) the role, responsibility, authority, and jurisdiction of the Center; and ``(ii) the relative value of engaging legal counsel; and''; and (6) by adding at the end the following: ``(4) Confidentiality.-- ``(A) In general.--The Office of the Athlete Ombudsman shall maintain as confidential any information communicated or provided to the Office of the Athlete Ombudsman in any matter involving the exercise of the official duties of the Office of the Athlete Ombudsman. ``(B) Exception.--The Office of the Athlete Ombudsman may disclose information described in subparagraph (A) as necessary to resolve or mediate a dispute, with the permission of the parties involved. ``(C) Judicial and administrative proceedings.-- ``(i) In general.--The ombudsman and the staff of the Office of the Athlete Ombudsman shall not be compelled to testify or produce evidence in any judicial or administrative proceeding with respect to any matter involving the exercise of the duties of the Office of the Athlete Ombudsman. ``(ii) Work product.--Any memorandum, work product, notes, or case file of the Office of the Athlete Ombudsman-- ``(I) shall be confidential; and ``(II) shall not be-- ``(aa) subject to discovery, subpoena, or any other means of legal compulsion; or ``(bb) admissible as evidence in a judicial or administrative proceeding. ``(D) Applicability.--The confidentiality requirements under this paragraph shall not apply to information relating to-- ``(i) applicable federally mandated reporting requirements; ``(ii) a felony personally witnessed by a member of the Office of the Athlete Ombudsman; ``(iii) a situation, communicated to the Office of the Athlete Ombudsman, in which an individual is at imminent risk of serious harm; or ``(iv) a congressional subpoena. ``(E) Development of policy.-- ``(i) In general.--Not later than 180 days after the date of the enactment of the Empowering Olympic and Amateur Athletes Act of 2019, the Office of the Athlete Ombudsman shall develop and publish in the Federal Register a confidentiality and privacy policy consistent with this paragraph. ``(ii) Distribution.--The Office of the Athlete Ombudsman shall distribute a copy of the policy developed under clause (i) to-- ``(I) employees of the national governing bodies; and ``(II) employees of the corporation. ``(iii) Publication by national governing bodies.--Each national governing body shall-- ``(I) publish the policy developed under clause (i) on the internet website of the national governing body; and ``(II) communicate to amateur athletes the availability of the policy. ``(5) Prohibition on retaliation.--No employee, contractor, agent, volunteer, or member of the corporation shall take or threaten to take any action against an athlete as a reprisal for disclosing information to or seeking assistance from the Office of the Athlete Ombudsman. ``(6) Independence in carrying out duties.--The board of directors of the corporation or any other member or employee of the corporation shall not prevent or prohibit the Office of the Athlete Ombudsman from carrying out any duty or responsibility under this section.''. (f) Reports and Audits.-- (1) In general.--Section 220511 of title 36, United States Code, is amended-- (A) in the section heading, by striking ``Report'' and inserting ``Reports and audits''; (B) by striking subsection (b); (C) by amending subsection (a) to read as follows: ``(a) Report.-- ``(1) Submission to president and congress.--Not less frequently than annually, the corporation shall submit simultaneously to the President and to each House of Congress a detailed report on the operations of the corporation for the preceding calendar year. ``(2) Matters to be included.--Each report required by paragraph (1) shall include the following: ``(A) A comprehensive description of the activities and accomplishments of the corporation during such calendar year. ``(B) Data concerning the participation of women, disabled individuals, and racial and ethnic minorities in the amateur athletic activities and administration of the corporation and national governing bodies. ``(C) A description of the steps taken to encourage the participation of women, disabled individuals, and racial minorities in amateur athletic activities. ``(D) A description of any lawsuit or grievance filed against the corporation, including any dispute initiated under this chapter. ``(E) The agenda and minutes of any meeting of the board of directors of the corporation that occurred during such calendar year. ``(F) A report by the compliance committee of the corporation that, with respect to such calendar year-- ``(i) identifies-- ``(I) the areas in which the corporation has met compliance standards; and ``(II) the areas in which the corporation has not met compliance standards; and ``(ii) assesses the compliance of each member of the corporation and provides a plan for improvement, as necessary. ``(G) A detailed description of any complaint of retaliation made during such calendar year, including the entity involved, the number of allegations of retaliation, and the outcome of such allegations. ``(3) Public availability.--The corporation shall make each report under this subsection available to the public on an easily accessible internet website of the corporation.''; and (D) by adding at the end the following: ``(b) Audit.-- ``(1) In general.--Not less frequently than annually, the financial statements of the corporation for the preceding fiscal year shall be audited in accordance with generally accepted auditing standards by-- [[Page S4691]] ``(A) an independent certified public accountant; or ``(B) an independent licensed public accountant who is certified or licensed by the regulatory authority of a State or a political subdivision of a State. ``(2) Location.--An audit under paragraph (1) shall be conducted at the location at which the financial statements of the corporation normally are kept. ``(3) Access.--An individual conducting an audit under paragraph (1) shall be given full access to-- ``(A) all records and property owned or used by the corporation, as necessary to facilitate the audit; and ``(B) any facility under audit for the purpose of verifying transactions, including any balance or security held by a depository, fiscal agent, or custodian. ``(4) Report.-- ``(A) In general.--Not later than 180 days after the end of the fiscal year for which an audit is carried out, the auditor shall submit a report on the audit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the chair of the Athletes' Advisory Council. ``(B) Matters to be included.--Each report under subparagraph (A) shall include the following for the applicable fiscal year: ``(i) Any statement necessary to present fairly the assets, liabilities, and surplus or deficit of the corporation. ``(ii) An analysis of the changes in the amounts of such assets, liabilities, and surplus or deficit. ``(iii) A detailed statement of the income and expenses of the corporation, including the results of any trading, manufacturing, publishing, or other commercial endeavor. ``(iv) A detailed statement of the amounts spent on stipends and services for athletes. ``(v) A detailed statement of the amounts spent on compensation and services for executives and administration officials of the corporation, including the 20 employees of the corporation who receive the highest amounts of compensation. ``(vi) A detailed statement of the amounts allocated to the national governing bodies. ``(vii) Such comments and information as the auditor considers necessary to inform Congress of the financial operations and condition of the corporation. ``(viii) Recommendations relating to the financial operations and condition of the corporation. ``(ix) A description of any financial conflict of interest (including a description of any recusal or other mitigating action taken), evaluated in a manner consistent with the policies of the corporation, of-- ``(I) a member of the board of directors of the corporation; or ``(II) any senior management personnel of the corporation. ``(C) Public availability.-- ``(i) In general.--The corporation shall make each report under this paragraph available to the public on an easily accessible internet website of the corporation. ``(ii) Personally identifiable information.--A report made available under clause (i) shall not include the personally identifiable information of any individual.''. (2) Conforming amendment.--The table of sections for chapter 2205 of title 36, United States Code, is amended by striking the item relating to section 220511 and inserting the following: ``220511. Reports and audits.''. (g) Policy With Respect to Bonus and Severance Pay.-- (1) In general.--Section 220507 of title 36, United States Code, as amended by subsection (d), is further amended by adding at the end the following: ``(d) Policy Regarding Terms and Conditions of Employment.--The corporation shall establish a policy-- ``(1) not to disperse bonus or severance pay to any individual named as a subject of an ethics investigation by the ethics committee of the corporation, until such individual is cleared of wrongdoing by such investigation; and ``(2) that provides that-- ``(A) if the ethics committee determines that an individual has violated the policies of the corporation-- ``(i) the individual is no longer entitled to bonus or severance pay previously withheld; and ``(ii) the compensation committee of the corporation may reduce or cancel the withheld bonus or severance pay; and ``(B) in the case of an individual who is the subject of a criminal investigation, the ethics committee shall investigate the individual.''. (2) Applicability.--The amendment made by paragraph (1) shall not apply to any term of employment for the disbursement of bonus or severance pay that is in effect as of the day before the date of the enactment of this Act. (h) Annual Amateur Athlete Survey.-- (1) In general.--Subchapter I of chapter 2205 of title 36, United States Code, is amended by adding at the end the following: ``Sec. 220513. Annual amateur athlete survey ``(a) In General.--Not less frequently than annually, the corporation shall enter into a contract with an independent third-party organization to conduct an anonymous survey of amateur athletes who are actively engaged in amateur athletic competition with respect to-- ``(1) their satisfaction with the corporation and the applicable national governing body; and ``(2) the behaviors, attitudes, and feelings within the corporation and the applicable national governing body relating to sexual harassment and abuse. ``(b) Consultation.--A contract under subsection (a) shall require the independent third-party organization to develop the survey in consultation with the Center. ``(c) Prohibition on Interference.--If the corporation or a national governing body makes any effort to undermine the independence of, introduce bias into, or otherwise influence a survey under subsection (a), the corporation or the national governing body shall be decertified. ``(d) Public Availability.-- The corporation shall make the results of each such survey available to the public on an internet website of the corporation.''. (2) Conforming amendment.--The table of sections for chapter 2205 of title 36, United States Code, is amended by adding at the end of subchapter I the following: ``220513. Annual amateur athlete survey.''. SEC. 6. MODIFICATIONS TO NATIONAL GOVERNING BODIES. (a) Certification of National Governing Bodies.-- (1) In general.--Section 220521 of title 36, United States Code, is amended-- (A) in the section heading, by striking ``Recognition of amateur sports organizations as national governing bodies'' and inserting ``Certification of national governing bodies''; (B) by amending subsection (a) to read as follows: ``(a) In General.--With respect to each sport included on the program of the Olympic Games, the Paralympic Games, or the Pan-American Games, the corporation-- ``(1) may certify as a national governing body an amateur sports organization, a high-performance management organization, or a paralympic sports organization that files an application and is eligible for such certification under section 220522; and ``(2) may not certify more than 1 national governing body.''; (C) in subsection (b), by striking ``recognizing'' and inserting ``certifying''; (D) in subsection (c), by striking ``recognizing'' and inserting ``certifying''; and (E) by amending subsection (d) to read as follows: ``(d) Review of Certification.--Not later than 8 years after the date of the enactment of the Empowering Olympic and Amateur Athletes Act of 2019, and not less frequently than once every 4 years thereafter, the corporation-- ``(1) shall review all matters related to the continued certification of an organization as a national governing body; ``(2) may take action the corporation considers appropriate, including placing conditions on the continued certification of an organization as a national governing body; ``(3) shall submit to Congress a summary report of each review under paragraph (1); and ``(4) shall make each such summary report available to the public.''. (2) Technical and conforming amendments.-- (A) Chapter 2205 of title 36, United States Code, is amended-- (i) in section 220501(b), as amended by section 5(b)(1), by amending paragraph (9) to read as follows: ``(9) `national governing body' means an amateur sports organization, a high-performance management organization, or a paralympic sports organization that is certified by the corporation under section 220521.''; (ii) in section 220504(b), by amending paragraph (1) to read as follows: ``(1) national governing bodies, including through provisions that establish and maintain a National Governing Bodies' Council that is composed of representatives of the national governing bodies who are selected by their boards of directors or other governing boards to ensure effective communication between the corporation and the national governing bodies;''; (iii) in section 220505(c), by amending paragraph (4) to read as follows: ``(4) certify national governing bodies for any sport that is included on the program of the Olympic Games, the Paralympic Games, or the Pan-American Games;''; (iv) in section 220509(b)(2)(A), as designated by subsection 5(e)(4), by striking ``paralympic sports organizations,''; (v) in section 220512, by striking ``or paralympic sports organization''; (vi) in section 220522-- (I) by striking subsection (b); and (II) in subsection (a)-- (aa) by striking ``recognized'' each place it appears and inserting ``certified''; (bb) by striking ``recognition'' each place it appears and inserting ``certification''; (cc) in paragraph (6), by inserting ``, the Paralympic Games,'' after ``the Olympic Games''; (dd) in paragraph (11)-- (AA) in the matter preceding subparagraph (A), by inserting ``, high-performance management organization, or paralympic sports organization'' after ``amateur sports organization''; and (BB) in subparagraph (B), by striking ``amateur sports'' and inserting ``applicable''; and (ee) by striking the subsection designation and heading and all that follows through ``An amateur sports organization'' and inserting ``An amateur sports organization, a high- performance management organization, or a paralympic sports organization''; (vii) in section 220524, by striking ``amateur sports'' each place it appears; (viii) in section 220528-- (I) by striking ``recognition'' each place it appears and inserting ``certification''; (II) by striking ``recognize'' each place it appears and inserting ``certify''; and (III) in subsection (g), in the subsection heading, by striking ``Recognition'' and inserting ``Certification''; [[Page S4692]] (ix) in section 220531-- (I) by striking ``, each national governing body, and each paralympic sports organization'' each place it appears and inserting ``and each national governing body''; and (II) in subsection (c)(2), by striking ``each paralympic sports organization,''; (x) in section 220541-- (I) in subsection (a)-- (aa) in paragraph (2), by striking ``, each national governing body, and each paralympic sports organization'' and inserting ``and each national governing body''; and (bb) in paragraph (3), by striking ``and paralympic sports organizations''; and (II) in subsection (d)(3), by striking subparagraph (C); (xi) in section 220542-- (I) by striking ``or paralympic sports organization'' each place it appears; and (II) in subsection (a)(2)-- (aa) in subparagraph (A), by striking ``, a paralympic sports organization,''; (bb) in subparagraph (E), by striking ``or a paralympic sports organization of each national governing body and paralympic sports organization''; and (cc) in subparagraph (F)(i)-- (AA) by striking ``, or an adult'' and inserting ``or an adult''; (BB) by striking ``, paralympic sports organization,''; and (CC) by striking ``, paralympic sports organizations,''. (B) The table of sections for chapter 2205 of title 36, United States Code, is amended by striking the item relating to section 220521 and inserting the following: ``220521. Certification of national governing bodies.''. (b) Eligibility Requirements With Respect to Governing Boards.--Section 220522 of title 36, United States Code, as amended by subsection (a)(2), is further amended-- (1) in paragraph (2), by inserting ``, including the ability to provide and enforce required athlete protection policies and procedures'' before the semicolon; (2) in paragraph (5), in the matter preceding subparagraph (A), by inserting ``except with respect to the oversight of the organization,'' after ``sport,''; (3) by redesignating paragraphs (10) through (15) as paragraphs (11) through (16), respectively; (4) by inserting after paragraph (9) the following: ``(10) ensures that the selection criteria for individuals and teams that represent the United States are-- ``(A) fair, as determined by the corporation in consultation with the national governing bodies, the Athletes' Advisory Council, and the United States Olympians and Paralympians Association; ``(B) clearly articulated in writing and properly communicated to athletes in a timely manner; and ``(C) consistently applied, using objective and subjective criteria appropriate to the applicable sport;''; (5) by striking paragraph (13), as so redesignated, and inserting the following: ``(13) demonstrates, based on guidelines approved by the corporation, the Athletes' Advisory Council, and the National Governing Bodies' Council, that-- ``(A) its board of directors and other such governing boards have established criteria and election procedures for, and maintain among their voting members, individuals who are-- ``(i) elected by amateur athletes; and ``(ii) actively engaged in amateur athletic competition in the sport for which certification is sought; ``(B) any exception to such guidelines by such organization has been approved by-- ``(i) the corporation; and ``(ii) the Athletes' Advisory Council; and ``(C) the voting power held by such individuals is not less than \1/3\ of the voting power held by its board of directors and other such governing boards;''; (6) in paragraph (15), as so redesignated, by striking ``; and'' and inserting a semicolon; (7) in paragraph (16), as so redesignated, by striking the period at the end and inserting a semicolon; and (8) by adding at the end the following: ``(17) commits to submitting annual reports to the corporation that include, for each calendar year-- ``(A) a description of the manner in which the organization-- ``(i) carries out the mission to promote a safe environment in sports that is free from abuse of amateur athletes (including emotional, physical, and sexual abuse); and ``(ii) addresses any sanctions or temporary measures required by the Center; ``(B) a description of any cause of action or complaint filed against the organization that was pending or settled during the preceding calendar year; and ``(C) a detailed statement of-- ``(i) the income and expenses of the organization; and ``(ii) the amounts expended on stipends, bonuses, and services for amateur athletes, organized by the level and gender of the amateur athletes; and ``(18) commits to meeting any minimum standard or requirement set forth by the corporation.''. (c) General Duties of National Governing Bodies.--Section 220524 of title 36, United States Code, is amended-- (1) in the matter preceding paragraph (1), by striking ``For the sport'' and inserting the following: ``(a) In General.--For the sport''; (2) in subsection (a), as so designated-- (A) in paragraph (8), by striking ``; and'' and inserting a semicolon; (B) in paragraph (9), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(10) develop 1 or more policies that prohibit any individual who is an employee, contractor, or agent of the national governing body from assisting a member or former member in obtaining a new job (except for the routine transmission of administrative and personnel files) if the individual knows that such member or former member violated the policies or procedures of the Center related to sexual misconduct or was convicted of a crime involving sexual misconduct with a minor in violation of applicable law or the policies or procedures of the Center; ``(11) promote a safe environment in sports that is free from abuse of any amateur athlete, including emotional, physical, and sexual abuse; ``(12) take care to promote a safe environment in sports using information relating to any temporary measure or sanction issued pursuant to the authority of the Center; ``(13) immediately report to law enforcement any allegation of child abuse of an amateur athlete who is a minor; and ``(14) have in place policies and procedures to report immediately any allegation of child abuse of an amateur athlete, consistent with-- ``(A) the policies and procedures developed under paragraph (3) of section 220541(a); and ``(B) the requirement described in paragraph (2)(A) of section 220542(a).''; and (3) by adding at the end the following: ``(b) Rule of Construction.--Nothing in this section shall be construed to preempt or otherwise abrogate the duty of care of a national governing body under State law or the common law.''. (d) Elimination of Exhaustion of Remedies Requirement.-- Section 220527 of title 36, United States Code, is amended-- (1) by striking subsection (b); (2) in subsection (c), by striking ``If the corporation'' and all that follows through ``subsection (b)(1) of this section, it'' and inserting ``The corporation''; and (3) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. (e) Ensure Limitations on Communications Are Included in Limitations on Interactions.--Section 220530(a) of title 36, United States Code, is amended-- (1) in paragraph (2), by inserting ``, including communications,'' after ``interactions''; and (2) in paragraph (4), by striking ``makes'' and all that follows through the period at the end and inserting the following: ``makes-- ``(A) a report under paragraph (1); or ``(B) any other report relating to abuse of any amateur athlete, including emotional, physical, and sexual abuse.''. SEC. 7. MODIFICATIONS TO UNITED STATES CENTER FOR SAFESPORT. (a) Name of Center.-- (1) Subchapter IV of chapter 2205 of title 36, United States Code, as redesignated by section 4(a)(1), is amended in the subchapter heading by striking ``SAFE SPORT'' and inserting ``SAFESPORT''. (2) Section 220541 of title 36, United States Code, is amended-- (A) in the section heading by striking ``safe sport'' and inserting ``safesport''; and (B) in subsection (a), in the matter preceding paragraph (1), by striking ``Safe Sport'' and inserting ``SafeSport''. (3) Paragraph (5) of section 220501(b) of title 36, United States Code, as redesignated by section 5(b)(1), is amended by striking ``United States Center for Safe Sport'' and inserting ``United States Center for SafeSport''. (4) The table of sections for chapter 2205 of title 36, United States Code, is amended by striking the item relating to section 220541 and inserting the following: ``220541. Designation of United States Center for SafeSport.''. (b) List of Barred Individuals; Audit and Compliance.-- Section 220541(a) of title 36, United States Code, is amended-- (1) in paragraph (4), by striking ``; and'' and inserting a semicolon; (2) in paragraph (5), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(6) maintain an office for compliance and audit that shall-- ``(A) ensure that the national governing bodies and the corporation implement and follow the policies and procedures developed by the Center to prevent and promptly report instances of abuse of amateur athletes, including emotional, physical, and sexual abuse; and ``(B) establish mechanisms that allow for the reporting and investigation of alleged violations of such policies and procedures; and ``(7) publish and maintain a publicly accessible internet website that contains a comprehensive list of adults who are barred by the Center.''. (c) Limitation on Liability.--Section 220541(d) of title 36, United States Code, as amended by section 6(a)(2), is further amended-- (1) in paragraph (3), by inserting after subparagraph (B) the following: ``(C) the corporation;''; (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (2) the following: ``(3) Removal to federal court.-- ``(A) In general.--Any civil action brought in a State court against the Center relating to the responsibilities of the Center under this section, section 220542, or section 220543, shall be removed, on request by the Center, to the district court of the United States in the district in [[Page S4693]] which the action was brought, and such district court shall have original jurisdiction over the action without regard to the amount in controversy or the citizenship of the parties involved. ``(B) Rule of construction.--Nothing in this chapter shall be construed to create a private right of action.''. (d) Training Materials; Independence; Funding.--Section 220541 of title 36, United States Code, is amended by adding at the end the following: ``(e) Training Materials.--The office for education and outreach referred to in subsection (a)(3) shall-- ``(1) develop training materials for specific audiences, including coaches, trainers, doctors, young children, adolescents, adults, and individuals with disabilities; and ``(2) not less frequently than every 3 years, update such training materials. ``(f) Independence.-- ``(1) Prohibition with respect to former employees and board members.--A former employee or board member of the corporation or a national governing body shall not work or volunteer at the Center during the 2-year period beginning on the date on which the former employee or board member ceases employment with the corporation or national governing body. ``(2) Athletes serving on board of directors of national governing body.-- ``(A) In general.--An athlete serving on the board of directors of a national governing body who is not otherwise employed by the national governing body, may volunteer at, or serve in an advisory capacity to, the Center. ``(B) Ineligibility for employment.--An athlete who has served on the board of directors of a national governing body shall not be eligible for employment at the Center during the 2-year period beginning on the date on which the athlete ceases to serve on such board of directors. ``(3) Conflicts of interest.--An executive or attorney for the Center shall be considered to have an inappropriate conflict of interest if the executive or attorney also represents the corporation or a national governing body. ``(4) Investigations.-- ``(A) In general.--The corporation and the national governing bodies shall not interfere in, or attempt to influence the outcome of, an investigation. ``(B) Report.--In the case of an attempt to interfere in, or influence the outcome of, an investigation, not later than 72 hours after such attempt, the Center shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the attempt. ``(C) Work product.-- ``(i) In general.--Any decision, report, memorandum, work product, notes, or case file of the Center-- ``(I) shall be confidential; and ``(II) shall not be subject to discovery, subpoena, or any other means of legal compulsion in any civil action in which the Center is not a party to the action. ``(ii) Rule of construction.--Nothing in this subparagraph shall be construed to prohibit the Center from providing work product described in clause (i) to a law enforcement agency for the purpose of assisting in a criminal investigation. ``(g) Funding.-- ``(1) Mandatory payments.-- ``(A) Fiscal year 2020.--Not later than 30 days after the date of the enactment of this subsection, the corporation shall make a mandatory payment of $20,000,000 to the Center for operating costs of the Center for fiscal year 2020. ``(B) Subsequent fiscal years.--Beginning on January 1, 2020, the corporation shall make a mandatory payment of $20,000,000 to the Center on January 1 each year for operating costs of the Center. ``(2) Funds from national governing bodies.--The corporation may use funds received from 1 or more national governing bodies to make a mandatory payment required by paragraph (1). ``(3) Failure to comply.-- ``(A) In general.--The Center may file a lawsuit to compel payment under paragraph (1). ``(B) Penalty.--For each day of late or incomplete payment of a mandatory payment under paragraph (1) after January 1 of the applicable year, the Center shall be allowed to recover from the corporation an additional $20,000. ``(4) Accountability.-- ``(A) In general.--Amounts transferred to the Center by the corporation or a national governing body shall be used, in accordance with section 220503(15), primarily for the purpose of carrying out the duties and requirements under sections 220541 through 220543 with respect to the investigation and resolution of allegations of sexual misconduct, or other misconduct, made by amateur athletes. ``(B) Use of funds.-- ``(i) In general.--Of the amounts made available to the Center by the corporation or a national governing body in a fiscal year for the purpose described in section 220503(15)-- ``(I) not less than 50 percent shall be used for processing the investigation and resolution of allegations described in subparagraph (A); and ``(II) not more than 10 percent may be used for executive compensation of officers and directors of the Center. ``(ii) Reserve funds.-- ``(I) In general.--If, after the Center uses the amounts as allocated under clause (i), the Center does not use the entirety of the remaining amounts for the purpose described in subparagraph (A), the Center may retain not more than 25 percent of such amounts as reserve funds. ``(II) Return of funds.--The Center shall return to the corporation and national governing bodies any amounts, proportional to the contributions of the corporation and national governing bodies, that remain after the retention described in subclause (I). ``(iii) Lobbying and fundraising.--Amounts made available to the Center under this paragraph may not be used for lobbying or fundraising expenses. ``(h) Compliance Audits.-- ``(1) In general.--Not less frequently than annually, the Center shall carry out an audit of the corporation and each national governing body-- ``(A) to assess compliance with policies and procedures developed under this subchapter; and ``(B) to ensure that consistent training relating to the prevention of child abuse is provided to all staff of the corporation and national governing bodies who are in regular contact with amateur athletes and members who are minors subject to parental consent. ``(2) Corrective measures.-- ``(A) In general.--The Center may impose on the corporation or a national governing body a corrective measure to achieve compliance with the policies and procedures developed under this subchapter or the training requirement described in paragraph (1)(B). ``(B) Inclusions.--A corrective measure imposed under subparagraph (A) may include the implementation of an athlete safety program or specific policies, additional compliance audits or training, and the imposition of a probationary period. ``(C) Enforcement.-- ``(i) In general.--On request by the Center, the corporation shall-- ``(I) enforce any corrective measure required under subparagraph (A); and ``(II) report the status of enforcement with respect to a national governing body within a reasonable timeframe. ``(ii) Methods.--The corporation may enforce a corrective measure through any means available to the corporation, including by withholding funds from a national governing body, limiting the participation of the national governing body in corporation events, and decertifying a national governing body. ``(iii) Effect of noncompliance.--If the corporation fails to enforce a corrective measure within 72 hours of a request under clause (i), the Center may submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the noncompliance. ``(3) Annual report.-- ``(A) In general.--Not less frequently than annually, the Center shall submit to Congress a report on the findings of the audit under paragraph (1) for the preceding year and the status of any corrective measures imposed as a result of the audit. ``(B) Public availability.-- ``(i) In general.--Each report under subparagraph (A) shall be made available to the public. ``(ii) Personally identifiable information.--A report made available to the public shall not include the personally identifiable information of any individual. ``(i) Retaliation.-- ``(1) Prohibition.--The Center (or any officer, employee, contractor, subcontractor, or agent of the Center) may not retaliate against any protected individual because of any protected disclosure. ``(2) Reporting, investigation, and arbitration.--The Center shall establish mechanisms for the reporting, investigation, and resolution (through binding third-party arbitration) of complaints of alleged retaliation against a protected individual. ``(3) Disciplinary action.--If the Center finds that an officer or employee of the Center (or any contractor, subcontractor, or agent of the Center) has retaliated against a protected individual, the Center shall take appropriate disciplinary action with respect to any such individual found to have retaliated against the protected individual. ``(4) Remedies.-- ``(A) In general.--If the Center finds that an officer or employee of the Center (or any contractor, subcontractor, or agent of the Center) has retaliated against a protected individual, the Center shall promptly-- ``(i) take affirmative action to abate the violation; ``(ii) reinstate the complainant to the former position with the same pay and terms and privileges; and ``(iii) pay compensatory damages, including economic damages (including backpay with interest) and any special damages sustained as a result of the retaliation, including damages for pain and suffering, reasonable attorney fees, and costs. ``(5) Enforcement action and procedures.-- ``(A) In general.--If the Center has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the complainant, the complainant may bring an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. ``(B) Jury trial.--A party to an action brought under paragraph (A) shall be entitled to trial by jury. ``(C) Relief.--The court shall have jurisdiction to grant all relief under paragraph (4). ``(6) Statute of limitations.--An action under paragraph (2) shall be commenced not later than 2 years after the date on which the violation occurs, or after the date on which the protected individual became aware of the violation. ``(7) Burdens of proof.-- An action under paragraph (2) or (5) shall be governed as follows: [[Page S4694]] ``(A) Required showing by complainant.--The Center shall dismiss a complaint filed under this subsection and shall not conduct an investigation unless the complainant makes a prima facie showing that any retaliation was a contributing factor in the action alleged in the complaint. ``(B) Criteria for determination by arbitration.--The arbitration may determine that a violation of paragraph (1) has occurred only if the complainant demonstrates that the retaliation was a contributing factor in the action alleged in the complaint. ``(C) Prohibition.--Relief may not be ordered under paragraph (4) if the Center demonstrates by clear and convincing evidence that the Center would have taken the same action in the absence of that behavior. ``(8) Review.--Any person adversely affected or aggrieved by an order issued under paragraph (4) may obtain review of the order in the United States Court of Appeals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred or the circuit in which the complainant resided on the date of such violation. The petition for review must be filed not later than 60 days after the date of the issuance of the arbitration decision of the Center. Review shall conform to chapter 7 of title 5, United States Code. The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay of the order. ``(9) Rights retained by employee.--Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any employee under any Federal or State law, or under any collective bargaining agreement. ``(10) Nonenforceability of certain provisions waiving rights and remedies.--The rights and remedies provided for in this section may not be waived by any agreement, policy form, or condition of employment. ``(11) Protected individual.--For purposes of this subsection, a protected individual includes any official or employee of the Center and any contractor or subcontractor of the Center. ``(j) Reports to Corporation.--Not later than 30 days after the end of each calendar quarter that begins after the date of the enactment of the Empowering Olympic and Amateur Athletes Act of 2019, the Center shall submit to the corporation a statement of the following: ``(1) The number and nature of misconduct complaints referred to the Center, by sport. ``(2) The number and type of pending misconduct complaints under investigation by the Center. ``(3) The number of misconduct complaints for which an investigation was terminated or otherwise closed by the Center. ``(4) The number of such misconduct complaints reported to law enforcement agencies by the Center for further investigation. ``(5) The number of discretionary cases accepted or declined by the Center, by sport. ``(6) The average time required for resolution of such cases and misconduct complaints. ``(7) Information relating to the educational activities and trainings conducted by the office of education and outreach of the Center during the preceding quarter, including the number of educational activities and trainings developed and provided. ``(k) Certifications of Independence.-- ``(1) In general.--Not later than 180 days after the end of a fiscal year, the Comptroller General of the United States shall make available to the public a certification relating to the Center's independence from the corporation. ``(2) Elements.--A certification required by paragraph (1) shall include the following: ``(A) A finding of whether a violation of a prohibition on employment of former employees or board members of the corporation under subsection (f) has occurred during the year preceding the certification. ``(B) A finding of whether an executive or attorney for the Center has had an inappropriate conflict of interest during that year. ``(C) A finding of whether the corporation has interfered in, or attempted to influence the outcome of, an investigation by the Center. ``(D) Any recommendations of the Comptroller General for resolving any potential risks to the Center's independence from the corporation. ``(3) Authority of comptroller general.-- ``(A) In general.--The Comptroller General may take such reasonable steps as, in the view of the Comptroller General, are necessary to be fully informed about the operations of the corporation and the Center. ``(B) Specific authorities.--The Comptroller General shall have-- ``(i) access to, and the right to make copies of, any and all nonprivileged books, records, accounts, correspondence, files, or other documents or electronic records, including emails, of officers, agents, and employees of the Center or the corporation; and ``(ii) the right to interview any officer, employee, agent, or consultant of the Center or the corporation. ``(C) Treatment of privileged information.--If, under this subsection, the Comptroller General seeks access to information contained within privileged documents or materials in the possession of the Center or the corporation, the Center or the corporation, as the case may be, shall, to the maximum extent practicable, provide the Comptroller General with the information without compromising the applicable privilege.''. (e) Additional Duties.--Section 220542 of title 36, United States Code, is amended-- (1) in the section heading, by striking the period at the end; and (2) in subsection (a)-- (A) in paragraph (1), by striking ``; and'' and inserting a semicolon; and (B) in paragraph (2)-- (i) in subparagraph (A), by striking clauses (i) and (ii) and inserting the following: ``(i) law enforcement consistent with section 226 of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20341); and ``(ii) the Center, whenever such members or adults learn of facts leading them to suspect reasonably that an amateur athlete who is a minor has suffered an incident of child abuse;''; (ii) by redesignating subparagraphs (B) through (F) as subparagraphs (E) through (I), respectively; (iii) by inserting after subparagraph (A) the following: ``(B) a requirement that the Center shall immediately report to law enforcement consistent with section 226 of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20341) any allegation of child abuse of an amateur athlete who is a minor, including any report of such abuse submitted to the Center by a minor or by any person who is not otherwise required to report such abuse; ``(C) 1 or more policies that prohibit any individual who is an employee, contractor, or agent of the Center from assisting a member or former member in obtaining a new job (except for the routine transmission of administrative and personnel files) if the individual knows that such member or former member violated the policies or procedures of the Center related to sexual misconduct or was convicted of a crime involving sexual misconduct with a minor in violation of applicable law; ``(D) a requirement that the Center, including any officer, agent, attorney, or staff member of the Center, shall not take any action to notify an alleged perpetrator of abuse of an amateur athlete of any ongoing investigation or accusation unless-- ``(i) the Center has reason to believe an imminent hazard will result from failing to so notify the alleged perpetrator; or ``(ii) law enforcement-- ``(I) authorizes the Center to take such action; or ``(II) declines or fails to act on, or fails to respond to the Center with respect to, the allegation within 72 hours after the time at which the Center reports to law enforcement under subparagraph (B);''; (iv) in subparagraph (F), as so redesignated, by inserting ``, including communications,'' after ``interactions''; (v) by amending subparagraph (G), as so redesignated, to read as follows: ``(G) procedures to prohibit retaliation by the corporation or any national governing body against any individual who makes-- ``(i) a report under subparagraph (A) or (E); or ``(ii) any other report relating to abuse of any amateur athlete, including emotional, physical, and sexual abuse;''; (vi) in subparagraph (H), as so redesignated, by striking ``; and'' and inserting a semicolon; (vii) in subparagraph (I), as so redesignated, by striking the period at the end of clause (ii) and inserting a semicolon; and (viii) by adding at the end the following: ``(J) a prohibition on the use in a decision of the Center under section 220541(a)(4) of any evidence relating to other sexual behavior or the sexual predisposition of the alleged victim, or the admission of any such evidence in arbitration, unless the probative value of the use or admission of such evidence, as determined by the Center or the arbitrator, as applicable, substantially outweighs the danger of-- ``(i) any harm to the alleged victim; and ``(ii) unfair prejudice to any party; and ``(K) training for investigators on appropriate methods and techniques for ensuring sensitivity toward alleged victims during interviews and other investigative activities.''. (f) Records, Audits, and Reports.--Section 220543 of title 36, United States Code, is amended-- (1) by striking subsection (b) and inserting the following: ``(b) Audits and Transparency.-- ``(1) Annual audit.-- ``(A) In general.--Not less frequently than annually, the financial statements of the Center for the preceding fiscal year shall be audited by an independent auditor in accordance with generally accepted accounting principles-- ``(i) to ensure the adequacy of the internal controls of the Center; and ``(ii) to prevent waste, fraud, or misuse of funds transferred to the Center by the corporation or the national governing bodies. ``(B) Location.--An audit under subparagraph (A) shall be conducted at the location at which the financial statements of the Center normally are kept. ``(C) Report.--Not later than 180 days after the date on which an audit under subparagraph (A) is completed, the independent auditor shall issue an audit report. ``(D) Corrective action plan.-- ``(i) In general.--On completion of the audit report under subparagraph (C) for a fiscal year, the Center shall prepare, in a separate document, a corrective action plan that responds to any corrective action recommended by the independent auditor. ``(ii) Matters to be included.--A corrective action plan under clause (i) shall include the following for each such corrective action: ``(I) The name of the person responsible for the corrective action. ``(II) A description of the planned corrective action. ``(III) The anticipated completion date of the corrective action. ``(IV) In the case of a recommended corrective action based on a finding in the audit report with which the Center disagrees, or for which the Center determines that corrective action is not required, an explanation and a specific reason for noncompliance with the recommendation. [[Page S4695]] ``(2) Access to records and personnel.--With respect to an audit under paragraph (1), the Center shall provide the independent auditor access to all records, documents, and personnel and financial statements of the Center necessary to carry out the audit. ``(3) Public availability.-- ``(A) In general.--The Center shall make available to the public on an easily accessible internet website of the Center-- ``(i) each audit report under paragraph (1)(C); ``(ii) the Internal Revenue Service Form 990 of the Center for each year, filed under section 501(c) of the Internal Revenue Code of 1986; and ``(iii) the minutes of the quarterly meetings of the board of directors of the Center. ``(B) Personally identifiable information.--An audit report or the minutes made available under subparagraph (A) shall not include the personally identifiable information of any individual. ``(4) Rule of construction.--For purposes of this subsection, the Center shall be considered a private entity. ``(c) Report.--The Center shall submit an annual report to Congress, including-- ``(1) a strategic plan with respect to the manner in which the Center shall fulfill its duties under sections 220541 and 220542; ``(2) a detailed description of the efforts made by the Center to comply with such strategic plan during the preceding year; ``(3) any financial statement necessary to present fairly the assets, liabilities, and surplus or deficit of the Center for the preceding year; ``(4) an analysis of the changes in the amounts of such assets, liabilities, and surplus or deficit during the preceding year; ``(5) a detailed description of Center activities, including-- ``(A) the number and nature of misconduct complaints referred to the Center; ``(B) the total number and type of pending misconduct complaints under investigation by the Center; ``(C) the number of misconduct complaints for which an investigation was terminated or otherwise closed by the Center; and ``(D) the number of such misconduct complaints reported to law enforcement agencies by the Center for further investigation; ``(6) a detailed description of any complaint of retaliation made during the preceding year by an officer or employee of the Center or a contractor or subcontractor of the Center that includes-- ``(A) the number of such complaints; and ``(B) the outcome of each such complaint; ``(7) information relating to the educational activities and trainings conducted by the office of education and outreach of the Center during the preceding year, including the number of educational activities and trainings developed and provided; and ``(8) a description of the activities of the Center. ``(d) Definitions.--In this section-- ``(1) `audit report' means a report by an independent auditor that includes-- ``(A) an opinion or a disclaimer of opinion that presents the assessment of the independent auditor with respect to the financial records of the Center, including whether such records are accurate and have been maintained in accordance with generally accepted accounting principles; ``(B) an assessment of the internal controls used by the Center that describes the scope of testing of the internal controls and the results of such testing; and ``(C) a compliance assessment that includes an opinion or a disclaimer of opinion as to whether the Center has complied with the terms and conditions of subsection (b); and ``(2) `independent auditor' means an independent certified public accountant or independent licensed public accountant, certified or licensed by a regulatory authority of a State or a political subdivision of a State, who meets the standards specified in generally accepted accounting principles.''. SEC. 8. EXEMPTION FROM AUTOMATIC STAY IN BANKRUPTCY CASES. Section 362(b) of title 11, United States Code, is amended-- (1) in paragraph (27), by striking ``and'' at the end; (2) in paragraph (28), by striking the period at the end and inserting ``; and''; and (3) by inserting after paragraph (28) the following: ``(29) under subsection (a)(1) of this section, of any action by-- ``(A) an amateur sports organization, as defined in section 220501(b) of title 36, to replace a national governing body, as defined in that section, under section 220528 of that title; or ``(B) the corporation, as defined in section 220501(b) of title 36, to revoke the recognition of a national governing body, as defined in that section, under section 220521 of that title.''. SEC. 9. ENHANCED CHILD ABUSE REPORTING. Section 226(c)(9) of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20341(c)(9)) is amended-- (1) by striking ``adult who is authorized'' and inserting the following: ``adult who-- ``(A) is authorized''; (2) in subparagraph (A), as so designated, by inserting ``or'' after the semicolon at the end; and (3) by adding at the end the following: ``(B) is an employee or representative of the United States Center for SafeSport;''. SEC. 10. COMMISSION ON THE STATE OF U.S. OLYMPICS AND PARALYMPICS. (a) Establishment.--There is established within the legislative branch a commission, to be known as the ``Commission on the State of U.S. Olympics and Paralympics'' (referred to in this section as the ``Commission''). (b) Composition.-- (1) In general.--The Commission shall be composed of 16 members, of whom-- (A) 4 members shall be appointed by the chairman of the Committee on Commerce, Science, and Transportation of the Senate; (B) 4 members shall be appointed by the ranking member of the Committee on Commerce, Science, and Transportation of the Senate; (C) 4 members shall be appointed by the chairman of the Committee on Energy and Commerce of the House of Representatives; and (D) 4 members shall be appointed by the ranking member of the Committee on Energy and Commerce of the House of Representatives. (2) Co-chairs.--Of the members of the Commission-- (A) 1 co-chair shall be designated by the chairman of the Committee on Commerce, Science, and Transportation of the Senate; and (B) 1 co-chair shall be designated by the chairman of the Committee on Energy and Commerce of the House of Representatives. (3) Qualifications.-- (A) In general.--Each member appointed to the Commission shall have-- (i) experience in-- (I) amateur or professional athletics; (II) athletic coaching; (III) public service relating to sports; or (IV) professional advocacy for increased minority participation in sports; or (ii) expertise in bullying prevention and the promotion of a healthy organizational culture. (B) Olympic or paralympic athletes.--Not fewer than 8 members appointed under paragraph (1) shall be Olympic or Paralympic athletes. (c) Initial Meeting.--Not later than 30 days after the date on which the last member is appointed under paragraph (1), the Commission shall hold an initial meeting. (d) Quorum.--11 members of the Commission shall constitute a quorum. (e) No Proxy Voting.--Proxy voting by members of the Commission shall be prohibited. (f) Staff.--The co-chairs of the Commission shall appoint an executive director of the Commission, and such staff as appropriate, with compensation. (g) Public Hearings.--The Commission shall hold 1 or more public hearings. (h) Travel Expenses.--Members of the Commission shall serve without pay, but shall receive travel expenses in accordance with sections 5702 and 5703 of title 5, United States Code. (i) Duties of Commission.-- (1) Study.-- (A) In general.--The Commission shall conduct a study on matters relating to the state of United States participation in the Olympic and Paralympic Games. (B) Matters studied.--The study under subparagraph (A) shall include-- (i) a description of proposed reforms to the structure of the United States Olympic and Paralympic Committee; (ii) an assessment as to whether the board of directors of the United States Olympic and Paralympic Committee includes diverse members, including athletes; (iii) an assessment of United States athlete participation levels in the Olympic and Paralympic Games; (iv) a description of the status of any United States Olympic and Paralympic Committee licensing arrangement; (v) an assessment as to whether the United States is achieving the goals for the Olympic and Paralympic Games set by the United States Olympic and Paralympic Committee; (vi) an analysis of the participation in amateur athletics of-- (I) women; (II) disabled individuals; and (III) minorities; (vii) a description of ongoing efforts by the United States Olympic and Paralympic Committee to recruit the Olympic and Paralympic Games to the United States; (viii) an evaluation of the functions of the national governing bodies (as defined in section 220502 of title 36, United States Code) and an analysis of the responsiveness of the national governing bodies to athletes with respect to the duties of the national governing bodies under section 220524(a)(3) of title 36, United States Code; and (ix) an assessment of the finances and the financial organization of the United States Olympic and Paralympic Committee. (2) Report.-- (A) In general.--Not later than 270 days after the date of the enactment of this Act, the Commission shall submit to Congress a report on the results of the study conducted under paragraph (1), including a detailed statement of findings, conclusions, recommendations, and suggested policy changes. (B) Public availability.--The report required by subparagraph (A) shall be made available to the public on an internet website of the United States Government that is available to the public. (j) Powers of Commission.-- (1) Subpoena authority.--The Commission may subpoena an individual the testimony of whom may be relevant to the purpose of the Commission. (2) Furnishing information.--On request by the executive director of the Commission, the head of a Federal agency shall furnish information to the Commission. (k) Termination of Commission.--The Commission shall terminate 90 days after the date on which the Commission submits the report under subsection (i)(2). (l) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this section. [[Page S4696]] SEC. 11. PROTECTING ABUSE VICTIMS FROM RETALIATION. (a) Definitions.--Section 220501(b) of title 36, United States Code, as amended by section 6(a)(2), is further amended-- (1) by redesignating paragraphs (8), (9), and (10) as paragraphs (9), (10), and (14), respectively; and (2) by inserting after paragraph (7) the following: ``(8) `covered entity' means-- ``(A) an officer or employee of the Center; ``(B) a coach, trainer, manager, administrator, or other employee or official associated with the corporation or a national governing body; ``(C) the Department of Justice; ``(D) a Federal or State law enforcement authority; ``(E) a Federal or State entity responsible for receiving reports of child abuse; ``(F) the Equal Employment Opportunity Commission or other State or Federal entity with responsibility over claims of sexual harassment; or ``(G) any other person who the protected individual reasonably believes has authority to investigate or act on information relating to abuse, including-- ``(i) emotional, physical, or sexual abuse; and ``(ii) sexual harassment.''; and (3) by inserting after paragraph (10), as so redesignated, the following: ``(11) `protected disclosure' means any lawful act of a protected individual, or in the case of a protected individual who is a minor, an individual acting on behalf of a protected individual-- ``(A) to provide information to, cause information to be provided to, or otherwise assist in an investigation by a covered entity (or to be perceived as providing information to, causing information to be provided to, or otherwise assisting in such an investigation) relating to abuse, including-- ``(i) emotional, physical, or sexual abuse; ``(ii) sexual harassment; and ``(iii) a violation of anti-abuse policies, practices, and procedures established pursuant to paragraph (3) of section 220541(a) and paragraph (2) of section 220542(a); ``(B) to file, cause to be filed, testify, participate in, or otherwise assist in a proceeding filed or about to be filed (or be perceived as filing, causing to be filed, testifying, participating in, or otherwise assisting in such an investigation) relating to abuse, including-- ``(i) emotional, physical, or sexual abuse; ``(ii) sexual harassment; and ``(iii) a violation of anti-abuse policies and procedures established pursuant to paragraph (3) of section 220541(a) and paragraph (2) of section 220542(a); ``(C) in communication with Congress; or ``(D) in the case of an amateur athlete, in communication with the Office of the Athlete Ombudsman. ``(12) `protected individual' means any-- ``(A) amateur athlete, coach, medical professional, or trainer associated with the corporation or a national governing body; or ``(B) any official or employee of the corporation, a national governing body, or a contractor or subcontractor of the corporation or a national governing body. ``(13) `retaliation' means any adverse or discriminatory action, or the threat of an adverse or discriminatory action, carried out against a protected individual because of any protected disclosure, including-- ``(A) discipline; ``(B) discrimination regarding pay, terms, or privileges; ``(C) removal from a training facility; ``(D) reduced coaching or training; ``(E) reduced meals or housing; and ``(F) removal from competition.''. (b) Resolution of Disputes.--Section 220509 of title 36, United States Code, is amended-- (1) in subsection (a), in the first sentence, by inserting ``complaints of retaliation or'' after ``relating to''; and (2) by adding at the end the following: ``(c) Retaliation.-- ``(1) In general.--The corporation, the national governing bodies, or any officer, employee, contractor, subcontractor, or agent of the corporation or a national governing body may not retaliate against any protected individual because of any protected disclosure. ``(2) Reporting, investigation, and arbitration.--The corporation shall establish mechanisms for the reporting, investigation, and resolution (through binding third-party arbitration) of complaints of alleged retaliation. ``(3) Disciplinary action.--If the corporation finds that an officer or employee of the corporation or a national governing body (or any contractor, subcontractor, or agent of the corporation or a national governing body) has retaliated against a protected individual, the corporation or national governing body, as applicable, shall take appropriate disciplinary action with respect to any such individual found to have retaliated against the protected individual. ``(4) Remedies.-- ``(A) In general.--If the corporation finds that an officer or employee of the corporation or a national governing body (or any contractor, subcontractor, or agent of the corporation or a national governing body) has retaliated against a protected individual, the corporation or national governing body, as applicable, shall promptly-- ``(i) take affirmative action to abate the violation; ``(ii) reinstate the complainant to the former position with the same pay and terms and privileges; and ``(iii) pay compensatory damages, including economic damages (including backpay with interest) and any special damages sustained as a result of the retaliation, including damages for pain and suffering, reasonable attorney fees, and costs. ``(B) Reimbursement from national governing body.--In the case of a national governing body found to have retaliated against a protected individual, the corporation may demand reimbursement from the national governing body for damages paid by the corporation under subparagraph (A). ``(5) Enforcement action and procedures.-- ``(A) In general.--If the corporation has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the complainant, the complainant may bring an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. ``(B) Jury trial.--A party to an action brought under paragraph (A) shall be entitled to trial by jury. ``(C) Relief.--The court shall have jurisdiction to grant all relief under paragraph (4). ``(6) Statute of limitations.--An action under paragraph (2) shall be commenced not later than 2 years after the date on which the violation occurs, or after the date on which the protected individual became aware of the violation. ``(7) Burdens of proof.-- An action under paragraph (2) or (5) shall be governed as follows: ``(A) Required showing by complainant.--The corporation shall dismiss a complaint filed under this subsection and shall not conduct an investigation unless the complainant makes a prima facie showing that any retaliation was a contributing factor in the action alleged in the complaint. ``(B) Criteria for determination by the arbitration.--The arbitration may determine that a violation of paragraph (1) has occurred only if the complainant demonstrates that the retaliation was a contributing factor in the action alleged in the complaint. ``(C) Prohibition.--Relief may not be ordered under paragraph (4) if the corporation or national governing body, as applicable, demonstrates by clear and convincing evidence that the corporation or national governing body would have taken the same action in the absence of that behavior. ``(8) Review.--Any person adversely affected or aggrieved by an order issued under paragraph (4) may obtain review of the order in the United States Court of Appeals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred or the circuit in which the complainant resided on the date of such violation. The petition for review shall be filed not later than 60 days after the date of the issuance of the arbitration decision of the corporation. Review shall conform to chapter 7 of title 5, United States Code. The commencement of proceedings under this paragraph shall not, unless ordered by the court, operate as a stay of the order. ``(9) Rights retained.--Nothing in this subsection shall be deemed to diminish the rights, privileges, or remedies of any employee or other individual under any Federal or State law, or under any collective bargaining agreement. ``(10) Nonenforceability of certain provisions waiving rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment or association with the corporation or a national governing body.''. (c) Eligibility Requirements for National Governing Bodies.--Section 220522 of title 36, United States Code, as amended by section 6(b), is further amended-- (1) in clause (ii) of paragraph (17)(C), by striking ``; and'' and inserting a semicolon; (2) in paragraph (18), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(19) provides protection from retaliation to protected individuals.''. SEC. 12. SEVERABILITY. If any provision of this Act, or an amendment made by this Act, is determined to be unenforceable or invalid, the remaining provisions of this Act and the amendments made by this Act shall not be affected. Mr. MORAN. Mr. President, I ask unanimous consent that the committee- reported substitute amendment be withdrawn and that the Moran substitute amendment at the desk be agreed to; that the bill, as amended, be considered read a third time and passed; and that the motion to reconsider be considered made and laid upon the table. The PRESIDING OFFICER. Is there objection? Without objection, it is so ordered. The committee-reported amendment, in the nature of a substitute, was withdrawn. The amendment (No. 2512), in the nature of a substitute, was agreed to. (The amendment is printed in today's Record under ``Text of Amendments.'') The bill (S. 2330), as amended, was ordered to be engrossed for a third reading, was read the third time, and passed. Mr. MORAN. Mr. President, it is an honor and privilege to be here on the Senate floor today on this cause. Young athletes across this country dedicate years, sometimes decades, of [[Page S4697]] their lives to earn their spot on the world stage representing the United States at the Olympics. Standing on that podium, they should be proud of their hard work that earned them that place, the honor of wearing our flag's colors at the Games. But no athlete--no athlete-- whether an amateur athlete or an Olympian, should have to endure abuse and mistreatment to pursue the sport they love. Were it not for the pandemic, hundreds of our athletes would have been in Tokyo right now representing the United States of America at the Olympics. Even though our athletes are unable to compete today, we owe it to them to create for future athletes and future competitors a safe place in which to compete. Today's passage of S. 2330 marks a step toward providing effective safeguards and protection to Olympic, Paralympic, and amateur athletes across the Nation. On January 25, 2018, the day after Dr. Larry Nassar was sentenced to life in prison, as chairman of the Commerce Subcommittee on Manufacturing, Trade, and Consumer Protection, with jurisdiction and oversight over the health and safety of amateur athletes, I opened an investigation with my ranking member, Senator Blumenthal, into how the U.S. Gymnastics, the U.S. Olympic and Paralympic Committee, and Michigan State University allowed girls and young women to be assaulted and abused over two decades. Nassar was ultimately sentenced to 40 to 175 years in prison for his heinous crimes, but the fight to overhaul a system that had allowed him to evade justice and accountability was far, far from over. Over the next 18 months, we conducted hundreds of interviews with athlete survivors, reviewed over 70,000 pages of documents, and held 4 subcommittee hearings, including listening to the horrific stories from survivors, issuing subpoenas to leaders who failed these athletes, watching those who were charged to protect them plead the Fifth, and even referring witnesses to the Justice Department for failure to tell the truth. Senator Blumenthal and I stood in the Russell Senate Office Building with more than 80 courageous survivors of abuse. Some of these women had been assaulted by Nassar while competing at the Olympics, some while training with the national team, others while attending Michigan State. One by one, they told us the organizations that were supposed to protect them had failed them. One person's abuse is too much, but the question asked that day by one of the athletes was, Why was there more than one? That question has stayed with me since it was spoken. Not only do we condemn the abuse, but we condemn those who allowed it to continue, who failed in their responsibilities as human beings as well as in their professional capacities to care for and protect these young men and women. The bipartisan effort of Senator Blumenthal and I culminated in production of a comprehensive investigative report which is this document here--a significant work for a serious challenge. It also resulted in S. 2330, the Empowering Olympic, Paralympic, and Amateur Athletes Act, the bill we are on today. This legislation is intended to strengthen legal liabilities and accountability mechanisms in the governance structure of the Olympics organizations, restore a culture that puts athletes first through clear procedures and reporting requirements, and fortify the independence and capabilities of the U.S. Center for SafeSport through dependable funding and oversight. During the November 13, 2019, markup of this legislation, the Senate Commerce, Science, and Transportation Committee, our colleagues provided thoughtful input through amendments to strengthen this legislation. As such, I take this moment to thank my colleagues-- Senator Cantwell, Senator Peters, Senator Grassley, and Senator Thune-- for their efforts in improving the legislation to put us in the position that we are in today. I specifically thank Senator Lee for his input in the markup and his continued contribution to the legislation to improve the processes governed by the bill. Additionally, Senator Gardner's leadership on this legislation was paramount to S. 2330's successful passage just a few moments ago. Senator Gardner's own legislation to establish a commission to study the broader issues within the Olympic and Paralympic movements strengthens our ability to guide future oversight efforts. Senator Gardner's support for this package was critical. I would be remiss not to thank Senator Wicker, the chairman of the full committee, for his continued support as the jurisdictional chairman of the Senate Commerce, Science, and Transportation Committee from the early stages of this effort, and the support of his predecessor, Senator Thune, then the chairman of the Commerce Committee, who was fundamental in this effort gaining the momentum it needed to get us to the point we are at now. Finally, this entire effort would not have been possible if not for the tireless and thorough work of Senator Blumenthal and his staff. Serving as chairman and ranking member of the same Commerce subcommittee has allowed us to work on a number of important issues and legislative items together, but I can honestly say this effort could very well be one of the most important bipartisan efforts and pieces of legislation resulting therefrom that I have been a part of as a U.S. Senator. I thank Senator Blumenthal for his leadership and his team's efforts, again, to see that these survivors' answers could be attained and their safety protected in the future. Most importantly, if there is anyone who deserves thanks and gratitude, it is the athletes and survivors for their exceptional bravery--the bravery they demonstrated through their willingness to share their stories, to tell what happened to them, to talk to us and to talk to the rest of the world. This legislation and the prior investigation are only possible because of the hundreds of courageous and selfless survivors who spoke out against abuse, shared their stories, and offered input on how we can create change to make certain all future athletes can participate in the sports they love without fear of abuse. I especially want to recognize the athletes who we worked with and who shared their circumstances with us during our committee hearings and in a number of meetings and phone calls over 2\1/2\ years: Jordyn Wieber, Jamie Dantzscher, Aly Raisman, McKayla Maroney, Maggie Nichols, Rachael Denhollander, Jeanette Antolin, Emily Goetz, Jessica Howard, Sarah Klein, Kaylee Lorincz, Morgan McCaul, Hannah Morrow, Bridie Farrell, and Craig Maurizi. We told these survivors that while powerful institutions had failed them in the past, we--our subcommittee, the committee, and the Senate-- were not going to. I would also like to thank the staff and individuals who have advocated for our athletes. On my staff: George Redden, Matthew Beccio, Tom Bush, Mark Crowley, Conor McGrath, Morgan Said, Trent Kennedy, Angela Lingg, Miranda Moore, and Thomas Brandt. On Senator Wicker's staff: Olivia Trusty, Chapin Gregor, Tyler Levins, Crystal Tully, and John Keast. And on Senator Thune's staff: Peter Feldman, Jason Van Beek, and Nick Rossi. Despite the Olympics being postponed and everything that is going on around the world today, I am grateful that we were able to deliver good news and take this step today. We are not done. We intend to keep that promise and get this bill across the finish line. We now will continue to work with our colleagues in the House of Representatives and the White House to ensure the timely consideration and enactment of the Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020. One is too many, but why was there ever more than one? May we never have to ask that question again and may there never be one in the first place I yield to the ranking member, the Senator from Connecticut. The PRESIDING OFFICER. The Senator from Connecticut. Mr. BLUMENTHAL. Mr. President, I am here with profound gratitude and pride--first of all, gratitude to Senator Moran for his leadership, his vision, his courage, and his steadfastness on a journey that had many bumps. This task was far from easy intellectually, legally, politically, and emotionally. [[Page S4698]] He stayed with it, and he demonstrated the spirit of bipartisanship that I think will enable us, as partners, to achieve more but also perhaps to reflect a model that this body may take in the future, even as we go through one of the most difficult periods in the history of the Senate. I hope that the work that we have done on this bill, which affects real lives and real people who suffered such grievous harm--and I will begin where he ended and say that the heroes here are really the athletes and survivors. As extraordinary as is their performance on the field of athletic endeavor and as wonderful as is their prowess and their grace, what will last in history as their enduring legacy will be the courage and strength they showed us again and again and again. They relived one of the most deeply tragic and painful chapters of their lives. As much as they celebrated victories in gymnastics and other sports, they endured the abuse--emotional, physical, and other abuse--from coaches and trainers whom they trusted. They put their trust in people who betrayed them. It was more than just one coach--Larry Nassar. It was more than just one sport--gymnastics. It was more than just 1 year or one episode, and it was more than just one form of abuse. Larry Nassar became the face of a pattern of systemic failure and abuse, and he reflected a culture of putting medals and money above the lives of athletes, prioritizing those tangible signs of victory above the human lives that were impacted so adversely. Systemic failures were reflected in Larry Nassar's success in terrorizing these young athletes, and it affected other trainers and other coaches who similarly betrayed trust. It affected other sports: figure skating, swimming, as well as gymnastics. None were immune from the sexual, physical, or emotional abuse. Almost exactly a year ago, Senator Moran and I issued the report that he just showed on the floor of the Senate showing that this investigation into sexual abuse in gymnastics and the Olympic movement should lead to a bill. I thank not only Senator Moran for his partnership but also other colleagues, as he has mentioned: Senator Wicker, Senator Thune, Senator Shaheen, Senator Feinstein, as well as Senator Peters and Senator Cortez Masto. Each of them provided very important assistance in this effort. But most importantly--and I simply cannot say it enough times--the real heroes here are the athletes who shared their stories and stood steadfast in the face of betrayals from the very organizations that were supposed to protect them. These survivors were failed at every level by their doctors, by their coaches, by the U.S. Olympic and Paralympic Committee, and by the national governing boards of their individual sports. The gymnasts who survived Larry Nassar's abuse were also failed by Michigan State University, by the FBI, and by local police departments. Given the monumental abdication of responsibility from countless people in power, no one could have blamed them for surrendering hope that change was possible. But against those odds, they persevered, and they are the reason that we have passed this bill today. They stood with us--physically stood with us--on so many occasions, evoking their suffering and pain. I ask unanimous consent that the names of 140 of the Larry Nassar survivors be printed in the Record with my remarks so that history will forever remember their bravery and strength There being no objection, the material was ordered to be printed in the Record, as follows: List of Survivors of Larry Nassar's Abuse Kyle Stephens, Jessica Thomashow, Chelsey Markham, Jade Capua, Alexis Moore, Olivia Cowan, Rebecca Mark, Bethany Bauman, Kate Mahon, Danielle Moore, Marion Siebert, Annette Hill, Taylor Stevens, Amanda Cormier, Jennifer Rood Bedford, Nicole Soos, Ashley Erickson, Melissa Imrie, Megan Halicek, Katelyn Skrabis, Brianne Randall. Anna Ludes, Lindsey Schuett, Maggie Nichols, Tiffany Thomas Lopez, Jeanette Antolin, Amanda Thomashow, Gwen Anderson, Amanda Barterian, Jaime Doski, Jenelle Moul, Madeleine Jones, Kayla Spicher, Jennifer Hayes, Nicole Walker, Chelsea Williams, Stephanie Robinson, Carrie Hogan, Helena Weick, Taryn Look. Jamie Dantzscher, McKayla Maroney, Lindsey Lemke, Nicole Reeb, Lyndsy Gamet, Taylor Cole, Jessica Smith, Arianna Guerrero, Melody Posthuma Van der Veen, Christine Harrison, Kristen Thelen, Katie Rasmussen, Jessica Tarrant, Mary Fisher-Follmer, Jordyn Wieber, Chelsea Zerfas, Samantha Ursch, Kara Johnson, Maddie Johnson, Marie Anderson. Amy Labadie, Ashley Yost, Aly Raisman, Kassie Powell, Megan Ginter, Katherine Gordon, Katelynne Hall, Anya Gillengerten, Kaylee McDowell, Lindsay Woolever, Hannah Morrow, Bayle Pickel, Alexis Alvarado, Morgan McCaul, Trenea Gonzcar, Larissa Boyce, Bailey Lorencen, Valerie Webb, Whitney Mergens, Marta Stern, Clasina Syrovy. Emma Ann Miller, Amanda Smith, Taylor Livingston, Presley Allison, Kamerin Moore, Krista Wakeman, Samantha Daniels, Alliree Gingerich, Megan Farnsworth, Kourtney Weidner, Charla Burill, Lauren Michalak, Vanasia Bradley, Breanne Rata, Erin McCann, Catherine Hannum, Jessica Chedler Rodriguez, Morgan Margraves, Whitney Burns, Isabell Hutchins. Meaghan Ashcraft, Natalie Woodland, Jillian Swinehart, Alison Chauvette, Anne Dayton, Olivia Venuto, Mattie Larson, Jessica Howard, Alexandra Romano, Arianna Castillo, Selena Brennan, Makayla Thrush, Emily Morales, Abigail Mealy, Ashley Bremer, Brooke Hylek, Abigayle Bergeron, Emily Meinke, Morgan Valley, Christina Barba. Amanda McGeachie, Sterling Riethman, Kaylee Lorinez, Rachel Denholander, Simone Biles, Gabby Douglas, Rebecca Whitehurst, Jennifer Millington Bott, Victoria Carlson, Nicole Hamiester, Cassidea Avery, Emily Vincent, Erika Davis, Julia Epple, Angela Stewart, Meaghan Williams, Kristin Nagle, Alyssa Zalenski, Kelsey Morris. Mr. BLUMENTHAL. Mr. President, I would like to recognize the 193 additional survivors who have chosen not to be identified publicly by name. They, too, contributed to this cause, and they, too, deserve to be recognized, as do survivors in the future who will come forward under the tools and mechanisms that we are establishing today. They should be recognized, valued, and cherished for their courage in the future, as well as the past. Over these past years, Senator Moran and I heard again and again and again that the USOPC and the NGBs have failed their athletes at every turn. Men and women in these organizations knew what was happening, and they did nothing. They already had a legal duty under the law to report what was going on. Clearly, laying out in the law what should be obvious--that you must report allegations of sexual misconduct involving minors--was not enough for them. They betrayed not only their trust to these athletes but their legal and moral responsibilities. The bill that we have passed today provides for enforcement and deterrence, and it gives Congress essential oversight tools to assure that the U.S. Olympic and Paralympic Committee and NGBs will comply with the heightened standards that this bill spells out. No one in these organizations can plausibly claim ignorance now of the duty to report these heinous crimes, and, if they try, Congress has the ability and responsibility to intervene. This bill also ensures that SafeSport, the organization tasked with investigating and adjudicating reports of athlete abuse, has the resources and independence it needs to do its vital work. The U.S. Olympic and Paralympic Committee should play no role in determining how much money the organization charged with investigating its members' worst crimes will receive each year or how that organization is run. Once this bill is signed into law, SafeSport will be independent of the resource and other powers that have prevailed in the past. The bill enacts numerous other reforms that ensure that athlete safety and well-being are prioritized in the Olympic movement. It assures that morals and athletes' interests are put first and that medals and money do not take the place of athletes and their interests. I want to finish by stressing the urgency of this task. I urge the House to follow our model here and move in a bipartisan way to enact these measures. The Tokyo Games have been delayed until next year, but it is essential that our framework go into effect as soon as possible and that athletes be given the protection they need and deserve. The urgency of this task should be shared by the House. My hope is that the survivors of these horrible abuses, who have waited years for this act, will see it happen during this session and as soon as possible. I want to say finally how grateful I am to my staff. Thank you to Anna Yu, [[Page S4699]] Madeline Daly, Adam Bradlow, Subhan Cheema, Natalie Mathes, Charlotte Schwartz, Colleen Bell, and Maria McElwain. I want to join in thanking Senator Moran's staff. Our staffs worked together with the teamwork that I think can also provide a model for this body. Finally, this act is profoundly important to the future of Olympic athletes and sports generally in our country. In effect, it says that trainers and coaches, the organizations that represent them--the organizations that are supposed to care for athletes should do their jobs and keep their trust for these athletes; protect them, not betray them; put them ahead of whatever the other tangible signs of success may be, medals or money. It would depend on protective, strong enforcement and on deterrence. My hope is that we will look back on this day and say that it transformed this athletic endeavor; that it was a transformative moment; that it changed the culture, not just the rule; that it changed the way sports in the United States are played; and that it embodied the best values of competition and athletics in our great country. Thank you. I yield the floor. The PRESIDING OFFICER. The Senator from Kansas. Mr. MORAN. Mr. President, I would like to recognize the efforts of Senator Collins, the Senator from Maine, her substantive and persistent endeavors throughout our process to see that a just and right result occurs. I yield to the Senator from Maine. The PRESIDING OFFICER. The Senator from Maine. Ms. COLLINS. Mr. President, let me begin by thanking my two colleagues, Senator Moran and Senator Blumenthal, for their tremendous leadership on the Empowering Olympic, Paralympic, and Amateur Athletics Act. I am very proud to be a cosponsor of their bill. This shows what the Senate can do when we work together to accomplish such a critical goal. I salute both of them. This bill takes effective action to end the negligent behavior by some members of the U.S. Olympic Committee and the amateur athletic organizations that oversee Olympic sports that have, on far too many occasions, failed to protect young athletes from truly horrific instances of abuse. Right after the Larry Nassar scandal broke, Senator Feinstein and I introduced the Protecting Young Victims from Sexual Assault and Abuse Act. Members of the USA Gymnastics team gave powerful and compelling testimony before the Senate Judiciary Committee about the abuses they had suffered and endured. We learned more about the horrific acts, the crimes committed by Larry Nassar against the members of the USA Gymnastics team. Our bill, which became law in 2018, required prompt reporting of every allegation of sexual abuse to the proper authorities, and it is helping survivors obtain justice and protect our young athletes. Senator Moran and Senator Blumenthal then launched an 18-month bipartisan investigation into the failures of the U.S. Olympic organization. They found that these governing bodies also failed to protect their athletes from acts of abuse committed by coaches and other powerful individuals within their organization. I am delighted that they have led the way and that Congress has continued to focus on this issue to protect the courageous young athletes across the country who have come forward to tell their horrific stories. This bill strengthens legal liability against the Olympic and amateur sports governing bodies for the sexual abuses perpetrated by coaches and employees, and it gives the athletes greater representation on these governing boards. It will also ensure that Congress conducts more systemic oversight. It will strengthen reporting mandates for adults with knowledge of abuse allegations. These young athletes who train to represent our country at the top levels of competition and, indeed, those at all levels of competition and those who aspire to compete should never have to fear victimization by trusted coaches and sports officials. I, too, commend the young athletes with whom Dianne Feinstein and I met and who have worked so closely with Senators Moran and Blumenthal for coming forward. These survivors have told their stories. We are now going to make a difference for them and for future athletes. I hope this legislation will be enacted and signed into law very soon. Thank you The PRESIDING OFFICER. The Senator from Arizona. Ms. McSALLY. Mr. President, I ask unanimous consent that Senator Wyden and I be able to complete our remarks prior to the recess. The PRESIDING OFFICER. Without objection, it is so ordered. ____________________
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