,,ii ,calendar ,no4 #ejc #aafth ,,congress #b;d ,session ,s4 #bccj ,report ,no4 #aaf-bde ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #cj1 #bjai,mr4 ,moran 7for himself1 ,mr4 ,blumenthal1 ,ms4 ,ernst1 ,mrs4 ,shaheen1 ,ms4 ,cortez ,masto1 ,mrs4 ,capito1 ,ms4 ,harris1 ,mr4 ,kennedy1 ,ms4 ,mc,sally1 ,ms4 ,sinema1 ,ms4 ,collins1 ,ms4 ,rosen1 ,ms4 ,murkowski1 ,mr4 ,gardner1 ,mr4 ,peters1 and ,ms4 ,warren7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,july #bi1 #bjbj,reported by ,mr4 ,wicker1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to amend the ,ted ,stevens ,olympic and ,amateur ,sports ,act to provide for congressional oversight of the board of directors of the ,united ,states ,olympic and ,paralympic ,committee and to protect amateur athletes from emotional1 physical1 and sexual abuse1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,empowering ,olympic and ,amateur ,athletes ,act of #bjai4 #b4 ,findings ,congress makes the following findings3 7#a7 ,the courageous voice of survivors is a call to action to end emotional1 physical1 and sexual abuse in the ,olympic and ,paralympic movement4 7#b7 ,larry ,nassar1 the former national team doctor for ,,usa ,gymnastics1 sexually abused over #cjj athletes for over two decades because of ineffective oversight by ,,usa ,gymnastics and the ,united ,states ,olympic ,committee4 7#c7 ,while the case of ,larry ,nassar is unprecedented in scale1 the case is hardly the only recent incident of sexual abuse in amateur sports4 7#d7 ,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 suffered4 7#e7 ,after a comprehensive congressional investigation1 including interviews and statements from survivors1 former and current organization officials1 law enforcement1 and advocates1 ,congress found that the ,united ,states ,olympic ,committee and ,,usa ,gymnastics fundamentally failed to uphold their existing statutory purposes and duties to protect amateur athletes from sexual1 emotional1 or physical abuse4 7#f7 ,,usa ,gymnastics and the ,united ,states ,olympic ,committee knowingly concealed abuse by ,larry ,nassar1 leading to the abuse of dozens of additional amateur athletes during the period beginning in the summer of #bjae and ending in ,september #bjaf4 7#g7 ,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 safety4 #c4 ,united ,states ,olympic and ,paralympic ,committee 7a7 ,in general ,chapter #bbje of title #cf1 ,united ,states ,code1 is amended-- 7#a7 in section #bbjeja7;b77#f71 by striking ,united ,states ,olympic ,committee and inserting ,united ,states ,olympic and ,paralympic ,committee2 7#b7 in section #bbjejb1 by amending subsection 7c7 to read as follows3 7c7 ,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 ,committee4 2 7#c7 in section #bbjeejf7;a71 by striking ,united ,states ,olympic ,committee and inserting ,united ,states ,olympic and ,paralympic ,committee2 and 7#d7 in section #bbjeca1 by striking ,united ,states ,olympic ,committee each place it appears and inserting ,united ,states ,olympic and ,paralympic ,committee4 7b7 ,conforming amendment ,the table of chapters for part ,b of subtitle ,,ii of title #cf1 ,united ,states ,code1 is amended by striking the item relating to chapter #bbje and inserting the following3 #bbje4,united ,states ,olympic and ,paralympic ,committee#bbjeja 4 #d4 ,congressional oversight of ,united ,states ,olympic and ,paralympic ,committee and national governing bodies 7a7 ,in general ,chapter #bbje of title #cf1 ,united ,states ,code1 is amended-- 7#a7 by redesignating the second subchapter designated as subchapter ,,iii 7relating to the ,united ,states ,center for ,safe ,sport71 as added by section #bjb of the ,protecting ,young ,victims from ,sexual ,abuse and ,safe ,sport ,authorization ,act of #bjag 7,public ,law #aae-abf2 #acb ,stat4 #cbj7 as subchapter ,,iv2 and 7#b7 by adding at the end the following3 ,v ,dissolution of board of directors of corporation and termination of recognition of national governing bodies #bbjeea4 ,definitions ,in this subchapter1 the term joint resolution means a joint resolution-- 7#a7 which does not have a preamble2 and 7#b7 for which-- 7,a7 7i7 the title is only as follows3 ,a joint resolution to dissolve the board of directors of the ,united ,states ,olympic and ,paralympic ,committee2 and 7ii7 the matter after the resolving clause-- 7,i7 is as follows3 ,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 #bbje of title #cf1 ,united ,states ,code2 and 7,,ii7 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 times2 or 7,b7 7i7 the title is only as follows3 ,a joint resolution relating to terminating the recognition of a national governing body2 and 7ii7 the matter after the resolving clause is only as follows3 ,that ,congress determines that 1 which is recognized as a national governing body under section #bbjeba of title #cf1 ,united ,states ,code1 has failed to fulfill its duties1 as described in section #bbjebd of title #cf1 ,united ,states ,code1 the blank space being filled in with the name of the applicable national governing body4 #bbjeeb4 ,dissolution of board of directors of corporation and termination of recognition of national governing bodies 7a7 ,dissolution of board of directors of corporation ,effective on the date of enactment of a joint resolution described in section #bbjeea7b77;,a7 with respect to the board of directors of the corporation1 such board of directors shall be dissolved4 7b7 ,termination of recognition of national governing body ,effective on the date of enactment of a joint resolution described in section #bbjeea7b77;,b7 with respect to a national governing body1 the recognition of the applicable amateur sports organization as a national governing body shall cease to have force or effect4 #bbjeec4 ,joint resolution 7a7 ,referral and reporting 7#a7 ,house of ,representatives 7,a7 ,in general ,in the ,house of ,representatives1 a joint resolution shall be referred to the ,committee on ,energy and ,commerce4 7,b7 ,discharge ,the ,committee on ,energy and ,commerce shall be discharged from further consideration of a joint resolution and the joint resolution shall be referred to the appropriate calendar on the date on which not less than three-fifths of the ,members of the ,house of ,representatives1 duly chosen and sworn1 are listed as cosponsors of the joint resolution4 7,c7 ,limitation on consideration ,except as provided in subsection 7e77#a71 it shall not be in order for the ,house of ,representatives to consider a joint resolution unless-- 7i7 the joint resolution is reported by the ,committee on ,energy and ,commerce2 or 7ii7 the ,committee on ,energy and ,commerce is discharged from further consideration of the joint resolution under subparagraph 7,b74 7#b7 ,senate 7,a7 ,in general ,in the ,senate1 a joint resolution shall be referred to the ,committee on ,commerce1 ,science1 and ,transportation4 7,b7 ,discharge ,the ,committee on ,commerce1 ,science1 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 ,senate1 duly chosen and sworn1 are listed as cosponsors of the joint resolution4 7,c7 ,limitation on consideration ,except as provided in subsection 7e77#a71 it shall not be in order for the ,senate to consider a joint resolution unless-- 7i7 the joint resolution is reported by the ,committee on ,commerce1 ,science1 and ,transportation2 or 7ii7 the ,committee on ,commerce1 ,science1 and ,transportation is discharged from further consideration of the joint resolution under subparagraph 7,b74 7b7 ,expedited consideration in ,house of ,representatives 7#a7 ,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 7a77#a77;,b71 it shall be in order to move to proceed to consider the joint resolution in the ,house of ,representatives4 ,all points of order against the motion are waived4 ,such a motion shall not be in order after the ,house of ,representatives has disposed of a motion to proceed on a joint resolution4 ,the previous question shall be considered as ordered on the motion to its adoption without intervening motion4 ,the motion is highly privileged in the ,house of ,representatives and is not debatable4 ,a motion to reconsider the vote by which the motion is disposed of shall not be in order4 7#b7 ,consideration ,a joint resolution shall be considered as read4 ,all points of order against the joint resolution and against its consideration are waived4 ,the previous question shall be considered as ordered on the joint resolution to its final passage without intervening motion except #b hours of debate equally divided and controlled by the proponent and an opponent4 ,a motion to reconsider the vote on passage of the joint resolution shall not be in order4 7c7 ,expedited procedure in senate 7#a7 ,motion to proceed ,notwithstanding rule ,,xxii of the ,standing ,rules of the ,senate1 after the ,committee on ,commerce1 ,science1 and ,transportation reports a joint resolution to the ,senate or has been discharged from its consideration in accordance with subsection 7a77#b77;,b71 it shall be in order for any ,member of the ,senate to move to proceed to the consideration of the joint resolution4 ,a motion to proceed is in order even though a previous motion to the same effect has been disagreed to4 ,the motion to proceed is not debatable4 ,the motion is not subject to a motion to postpone4 ,a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order4 ,if a motion to proceed to the consideration of the joint resolution is agreed to1 the joint resolution shall remain the unfinished business until disposed of4 7#b7 ,consideration ,consideration of a joint resolution1 and on all debatable motions and appeals in connection therewith1 shall be limited to not more than #aj hours1 which shall be divided equally between the ,majority and ,minority ,leaders or their designees4 ,a motion further to limit debate is in order and not debatable4 ,a motion to postpone1 a motion to proceed to the consideration of other business1 or a motion to recommit the joint resolution is not in order4 ,any debatable motion is debatable for not to exceed #a hour1 to be divided equally between those favoring and those opposing the motion4 ,all time used for consideration of the joint resolution1 including time used for quorum calls and voting1 shall be counted against the total #aj hours of consideration4 7#c7 ,vote on passage ,if the ,senate has voted to proceed to a joint resolution1 the vote on passage of the joint resolution shall occur immediately following the conclusion of consideration of the joint resolution1 and a single quorum call at the conclusion of the consideration if requested in accordance with the rules of the ,senate4 7#d7 ,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 debate4 7d7 ,amendments not in order ,a joint resolution shall not be subject to amendment in either the ,house of ,representatives or the ,senate4 7e7 ,rules to coordinate action with other house 7#a7 ,treatment of joint resolution of other house 7,a7 ,in general ,if the ,senate or ,house of ,representatives fails to introduce or consider a joint resolution under this section1 the joint resolution of the other ,house-- 7i7 shall be entitled to expedited floor procedures described under this section2 and 7ii7 may be referred in the receiving chamber or may be held at the desk4 7,b7 ,potential referral ,if a joint resolution referred to a committee under subparagraph 7,a77ii7 is cosponsored by not less than three-fifths of the ,members of the originating ,house1 duly chosen and sworn1 the committee shall report the joint resolution not later than #bj days after the date on which the joint resolution is referred to the committee4 7#b7 ,vetoes ,if the ,president vetoes a joint resolution1 debate on a veto message in the ,senate under this section shall be #a hour equally divided between the ,majority and ,minority leaders or their designees4 7f7 ,rulemaking function ,this section is enacted by ,congress-- 7#a7 as an exercise of the rulemaking power of the ,senate and ,house of ,representatives1 respectively1 and as such it is deemed a part of the rules of each ,house1 respectively1 but applicable only with respect to the procedure to be followed in that ,house in the case of a joint resolution1 and it supersedes other rules only to the extent that it is inconsistent with such rules2 and 7#b7 with full recognition of the constitutional right of either ,house to change the rules 7so far as relating to the procedure of that ,house7 at any time1 in the same manner1 and to the same extent as in the case of any other rule of that ,house4 4 7b7 ,technical and conforming amendments ,the table of sections for chapter #bbje of title #cf1 ,united ,states ,code1 is amended-- 7#a7 by striking the second item relating to subchapter ,,iii 7relating to the ,united ,states ,center for ,safe ,sport71 as added by section #bjb of the ,protecting ,young ,victims from ,sexual ,abuse and ,safe ,sport ,authorization ,act of #bjag 7,public ,law #aae-abf2 #acb ,stat4 #cbj7 and inserting the following3 ,,subchapter ,,iv--,united ,states ,center for ,safe ,sport 2 and 7#b7 by adding at the end the following3 ,,subchapter ,v--,dissolution of board of directors of corporation and termination of recognition of national governing bodies #bbjeea4 ,definitions4 #bbjeeb4 ,dissolution of board of directors of corporation and termination of recognition of national governing bodies4 #bbjeec4 ,joint resolution4 4 7c7 ,effective date ,the amendments made by this section shall take effect on the date that is one year after the date of the enactment of this ,act4 #e4 ,modifications to ,united ,states ,olympic and ,paralympic ,committee 7a7 ,purposes of the corporation ,section #bbjejc of title #cf1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#ad71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#ae71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#af7 to exercise effective oversight of the national governing bodies with respect to the establishment of a safe environment in sports that is free from abuse1 including emotional1 physical1 and sexual abuse1 of any amateur athlete4 4 7b7 ,representation of amateur athletes ,section #bbjejd of title #cf1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b77#b7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking within the preceding #aj years2 7,b7 in subparagraph 7,a71 by striking 2 and and inserting a semicolon2 7,c7 in subparagraph 7,b7-- 7i7 by striking #bj percent and inserting #a_/c2 and 7ii7 by inserting 1 including any panel empowered to resolve grievances before the semicolon2 7,d7 by redesignating subparagraph 7,b7 as subparagraph 7,d72 and 7,e7 by inserting after subparagraph 7,a7 the following3 7,b7 ensure that the chair of the ,athletes' ,advisory ,council holds voting power on the board of directors of the corporation and in the committees and entities of the corporation2 7,c7 require that #a_/c of the membership of the board of directors of the corporation shall be composed of1 and elected by1 such amateur athletes2 and 2 and 7#b7 by adding at the end the following3 7c7 ,conflict of interest ,an amateur athlete who represents amateur athletes under subsection 7b77#b7 shall not be employed by the ,center during the #b-year period beginning on the date on which the amateur athlete ceases such representation4 4 7c7 ,duty of care 7#a7 ,in general ,section #bbjeje of title #cf1 ,united ,states ,code1 is amended-- 7,a7 in the section heading1 by striking ,powers and inserting ,powers and duty of care2 and 7,b7 by adding at the end the following3 7d7 ,duty of care 7#a7 ,in general ,the corporation owes to amateur athletes a duty of care-- 7,a7 to ensure that each national governing body and paralympic sports organization complies with the oversight practices1 policies1 and procedures developed under paragraph 7#c7 of section #bbjeda7;a72 7,b7 to immediately report to law enforcement any allegation of child abuse of an amateur athlete who is a minor2 7,c7 to ensure that each national governing body and paralympic sports organization has in place policies and procedures to report immediately any allegation of child abuse of an amateur athlete1 consistent with-- 7i7 the polices and procedures developed under paragraph 7#c7 of section #bbjeda7;a72 and 7ii7 the requirement described in paragraph 7#b77;,a7 of section #bbjedb7;a72 and 7,d7 to ensure that each national governing body and paralympic sports organizations enforces temporary measures and sanctions issued pursuant to the authority of the ,center4 7#b7 ,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 law4 4 7#b7 ,conforming amendment ,the table of sections for chapter #bbje of title #cf1 ,united ,states ,code1 is amended by striking the item relating to section #bbjeje and inserting the following3 #bbjeje4 ,powers and duty of care4 4 7d7 ,policy with respect to assisting member or former member ,to obtain new jobs ,section #bbjejg of title #cf1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,policy with respect to assisting members or former members in obtaining new jobs ,the corporation shall develop one or more policies that prohibit any individual who is an employee1 a contractor1 or an agent of the corporation from assisting a member or former member in obtaining a new job1 except the routine transmission of administrative and personnel files1 if the individual knows that such member or former member engaged in sexual misconduct regarding a minor in violation of the law4 4 7e7 ,office of ,ombudsman ,section #bbjeji7;b7 of title #cf1 ,united ,states ,code1 is amended-- 7#a7 in the subsection heading1 by striking ,ombudsman and inserting ,office of the ,ombudsman2 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a71 by moving clauses 7i7 through 7iii7 two ems to the right2 7,b7 by striking 7#b7 7,a7 ,the procedure and inserting the following3 7#b7 ,hiring procedures2 vacancy2 termination 7,a7 ,hiring procedures ,the procedure 2 7,c7 in subparagraph 7,b7-- 7i7 by moving clauses 7i7 through 7iii7 to ems to the right2 and 7ii7 by striking 7,b7 ,the corporation and inserting the following3 7,c7 ,termination ,the corporation 2 and 7,d7 in the undesignated matter following clause 7iii7 of subparagraph 7,a71 by striking ,if there is and inserting the following3 7,b7 ,vacancy ,if there is 2 7#c7 by redesignating paragraph 7#b7 as paragraph 7#c72 7#d7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking 7#a7 ,the corporation and all that follows through who shall-- and inserting the following3 7#a7 ,in general ,the corporation shall hire and provide salary1 benefits1 and administrative expenses for an ombudsman and support staff for athletes4 7#b7 ,duties ,the ombudsman shall-- 2 7#e7 in paragraph 7#b71 as so designated by paragraph 7#d7-- 7,a7 in subparagraph 7,b71 by striking 2 and and inserting a semicolon2 7,b7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7,c7 by inserting after subparagraph 7,b7 the following3 7,c7 provide independent advice to reporting parties with respect to-- 7i7 the role1 responsibility1 and authority of the ,center2 7ii7 the relative merits of engaging legal counsel2 and 7iii7 the factual allegations that may support the ability of the ,center to pursue a claim of abuse2 and 2 and 7#f7 by inserting after paragraph 7#c71 as redesignated by paragraph 7#c71 the following3 7#d7 ,confidentiality 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ombudsman shall maintain confidential any information communicated or provided to the ombudsman in any matter involving the exercise of the official duties of the ombudsman4 7,b7 ,exception ,the ombudsman may disclose information described in subparagraph 7,a7 as necessary to resolve or mediate a dispute4 7,c7 ,judicial and administrative proceedings 7i7 ,in general ,the ombudsman shall not be compelled to testify or produce evidence in any judicial or administrative proceeding with respect to any matter involving the exercise of the duties of the ombudsman4 7ii7 ,work product ,any memorandum1 work product1 notes1 or case file of the office of the ombudsman-- 7,i7 shall be confidential2 and 7,,ii7 shall not be-- 7aa7 subject to discovery1 subpoena1 or any other means of legal compulsion2 or 7bb7 admissible as evidence in a judicial or administrative proceeding4 7,d7 ,applicability ,the confidentiality requirements under this paragraph shall not apply to information relating to-- 7i7 applicable federally mandated reporting requirements2 7ii7 a felony personally witnessed by a member of the office of the ombudsman2 7iii7 a situation1 communicated to the office of the ombudsman1 in which an individual is at imminent risk of serious harm2 or 7iv7 a congressional subpoena4 7#e7 ,prohibition on retaliation ,an employee or a member of the corporation who has authority to take1 direct others to take1 recommend1 or approve any personnel action1 shall not1 with respect to such authority1 take or threaten to take any action against any employee or member as a reprisal for disclosing information to the ombudsman or seeking assistance in mediation4 7#f7 ,independence in carrying out duties ,the board of directors of the corporation or any other member or employee of the corporation shall not prevent or prohibit the ombudsman from carrying out any duty or responsibility under this section4 4 7f7 ,reports and audits 7#a7 ,in general ,section #bbjeaa of title #cf1 ,united ,states ,code1 is amended-- 7,a7 in the section heading1 by striking ,report and inserting ,reports and audits2 7,b7 in subsection 7a7-- 7i7 in the matter preceding paragraph 7#a7-- 7,i7 by striking every fourth year and inserting annually2 and 7,,ii7 by striking #d years and inserting calendar year2 7ii7 by striking paragraph 7#a72 7iii7 by redesignating paragraphs 7#b71 7#c71 and 7#d7 as paragraphs 7#a71 7#b71 and 7#c71 respectively2 7iv7 in paragraph 7#a71 as so redesignated1 by striking such #d-year period and inserting such calendar year2 7v7 in paragraph 7#b71 as so redesignated1 by striking 2 and and inserting a semicolon2 7vi7 in paragraph 7#c71 as so redesignated1 by striking the period at the end and inserting a semicolon2 and 7vii7 by adding at the end the following3 7#d7 a description of any lawsuit or grievance filed against the corporation1 including any dispute initiated under this chapter2 and 7#e7 the agenda and minutes of any meeting of the board of directors of the corporation4 2 and 7,c7 by adding at the end the following3 7c7 ,audit 7#a7 ,in general ,not less frequently than annually1 the financial statements of the corporation for the preceding fiscal year shall be audited in accordance with generally accepted auditing standards by-- 7,a7 an independent certified public accountant2 or 7,b7 an independent licensed public accountant who is certified or licensed by the regulatory authority of a ,state or a political subdivision of a ,state4 7#b7 ,location ,an audit under paragraph 7#a7 shall be conducted at the location at which the financial statements of the corporation normally are kept4 7#c7 ,access ,an individual conducting an audit under paragraph 7#a7 shall be given access to-- 7,a7 all records and property owned or used by the corporation1 as necessary to facilitate the audit2 and 7,b7 full access to any facility under audit for the purpose of verifying transactions1 including any balance or security held by a depository1 fiscal agent1 or custodian4 7#d7 ,report 7,a7 ,in general ,not later than #ahj days after the end of the fiscal year for which an audit is carried out1 the auditor shall submit a report on the audit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and the chair of the ,athletes' ,advisory ,council4 7,b7 ,matters to be included ,each report under subparagraph 7,a7 shall include the following for the applicable fiscal year3 7i7 ,any statement necessary to present fairly the assets1 liabilities1 and surplus or deficit of the corporation4 7ii7 ,an analysis of the changes in the amounts of such assets1 liabilities1 and surplus or deficit4 7iii7 ,a detailed statement of the income and expenses of the corporation1 including the results of any trading1 manufacturing1 publishing1 or other commercial endeavor4 7iv7 ,a detailed statement of the amounts spent on stipends and services for athletes4 7v7 ,a detailed statement of the amounts allocated to the national governing bodies4 7vi7 ,such comments and information as the auditor considers necessary to inform ,congress of the financial operations and condition of the corporation4 7vii7 ,recommendations relating to the financial operations and condition of the corporation4 7,c7 ,form ,a report under this paragraph may not be printed as a public document1 except as part of proceedings authorized to be printed under section #accb of title #dd4 4 7#b7 ,conforming amendment ,the table of sections for chapter #bbje of title #cf1 ,united ,states ,code1 is amended by striking the item relating to section #bbjeaa and inserting the following3 #bbjeaa4 ,reports and audits4 4 #f4 ,modifications to national governing bodies 7a7 ,corporation responsible for obligations of national governing bodies ,section #bbjeba7;d7 of title #cf1 ,united ,states ,code1 is amended by striking ,the corporation may review and inserting ,not later than #h years after the date of the enactment of the ,empowering ,olympic and ,amateur ,athletes ,act of #bjai1 and not less frequently than once every #d years thereafter1 the corporation shall review4 7b7 ,eligibility requirements with respect to governing boards ,section #bbjebb7;a7 of title #cf1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#aj7 through 7#ae7 as paragraphs 7#aa7 through 7#af71 respectively2 7#b7 by inserting after paragraph 7#i7 the following3 7#aj7 ensures that the selection criteria for individuals and teams that represent the ,united ,states are as objective as possible2 2 7#c7 by striking paragraph 7#ac71 as so redesignated1 and inserting the following3 7#ac7 demonstrates1 based on guidelines approved by the corporation1 the ,athletes' ,advisory ,council1 and the ,national ,governing ,bodies' ,council1 that-- 7,a7 its board of directors and other such governing boards have established criteria and election procedures for1 and maintain among their voting members1 individuals who-- 7i7 are elected by amateur athletes2 and 7ii7 are actively engaged in amateur athletic competition in the sport for which recognition is sought2 7,b7 any exception to such guidelines by such organization has been approved by-- 7i7 the corporation2 and 7ii7 the ,athletes' ,advisory ,council2 and 7,c7 the voting power held by such individuals is not less than #a_/c of the voting power held in its board of directors and other such governing boards2 2 7#d7 in paragraph 7#ae71 as so redesignated1 by striking 2 and and inserting a semicolon2 7#e7 in paragraph 7#af71 as so redesignated1 by striking the period at the end and inserting 2 and2 and 7#f7 by adding at the end the following3 7#ag7 commits to meeting any minimum standard or requirement set forth by the corporation4 4 7c7 ,general duties of national governing bodies ,section #bbjebd of title #cf1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking ,for the sport and inserting the following3 7a7 ,in general ,for the sport 2 7#b7 in subsection 7a71 as so designated-- 7,a7 in paragraph 7#h71 by striking 2 and and inserting a semicolon2 7,b7 in paragraph 7#i71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7#aj7 develop one or more policies that prohibit any individual who is an employee1 a contractor1 or an agent of the national governing body from assisting a member or former member in obtaining a new job1 except from the routine transmission of administrative and personnel files1 if the individual knows that such member or former member engaged in sexual misconduct regarding a minor in violation of the law2 7#aa7 promote a safe environment in sports that is free from abuse of any amateur athlete1 including emotional1 physical1 and sexual abuse2 7#ab7 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 ,center2 7#ac7 immediately report to law enforcement any allegation of child abuse of an amateur athlete who is a minor2 and 7#ad7 have in place policies and procedures to report immediately any allegation of child abuse of an amateur athlete1 consistent with-- 7,a7 the policies and procedures developed under paragraph 7#c7 of section #bbjeda7;a72 and 7,b7 the requirement described in paragraph 7#b77;,a7 of section #bbjedb7;a74 2 and 7#c7 by adding at the end the following3 7b7 ,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 law4 4 7d7 ,ensure limitations on communications are included in limitations on interactions ,section #bbjecj7;a7 of title #cf1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b71 by inserting 1 including communications1 after interactions2 and 7#b7 in paragraph 7#d71 by striking makes and all that follows through the period at the end and inserting the following3 8makes-- 7,a7 a report under paragraph 7#a72 or 7,b7 any other report relating to abuse of any amateur athlete1 including emotional1 physical1 and sexual abuse4 4 #g4 ,modifications to ,united ,states ,center for ,safe ,sport 7a7 ,list of barred individuals ,section #bbjeda7;a7 of title #cf1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#d71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#e71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#f7 publish and maintain a publicly available internet website that contains a comprehensive list of individuals who are barred from the corporation or a national governing body4 4 7b7 ,definition of applicable entity ,section #bbjeda7;d77#c7 of title #cf1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subparagraphs 7,b7 through 7,g7 as subparagraphs 7,c7 through 7,h71 respectively2 7#b7 in subparagraph 7,g71 as so redesignated1 by striking or 7,e7 and inserting 7,e71 or 7,f72 and 7#c7 by inserting after subparagraph 7,a7 the following3 7,b7 the corporation2 4 7c7 ,training materials ,section #bbjeda of title #cf1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 ,training materials ,the office for education and outreach referred to in subsection 7a77#c7 shall-- 7#a7 develop training materials for specific audiences1 including coaches1 trainers1 doctors1 young children1 adolescents1 adults1 and mentally disabled individuals2 and 7#b7 not less frequently than every #c years1 update such training materials4 4 7d7 ,independence ,section #bbjeda of title #cf1 ,united ,states ,code1 as amended by subsection 7c71 is further amended by adding at the end the following3 7f7 ,independence 7#a7 ,prohibition ,a former employee or board member of the corporation or a national governing body shall not work or volunteer at the ,center during the #b-year period beginning on the date on which the former employee or board member ceases employment with the corporation or national governing body4 7#b7 ,conflicts of interest ,an executive or counsel for the ,center shall be considered to have an inappropriate conflict of interest if the executive or counsel also represents the corporation or a national governing body4 7#c7 ,investigations 7,a7 ,in general ,the corporation and the national governing bodies shall not interfere in1 or attempt to influence the outcome of1 an investigation4 7,b7 ,report ,in the case of an attempt to interfere in1 or influence the outcome of1 an investigation1 not later than #gb hours after such attempt1 the ,center shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report describing the attempt4 4 7e7 ,funding ,section #bbjeda of title #cf1 ,united ,states ,code1 as amended by subsections 7c7 and 7d71 is further amended by adding at the end the following3 7g7 ,funding 7#a7 ,mandatory payments 7,a7 ,fiscal year #bjai ,not later than #cj days after the date of the enactment of this subsection1 the corporation shall make a mandatory payment of #bj1jjj1jjj to the ,center for operating costs of the ,center for fiscal year #bjai4 7,b7 ,subsequent fiscal years ,beginning on ,january #a1 #bjbj1 the corporation shall make a mandatory payment of #bj1jjj1jjj to the ,center on ,january #a each year for operating costs of the ,center4 7#b7 ,funds from national governing bodies ,the corporation may use funds received from one or more national governing bodies to make a mandatory payment required by paragraph 7#a74 7#c7 ,failure to comply 7,a7 ,in general ,the ,center may file a lawsuit to compel payment under paragraph 7#a74 7,b7 ,penalty ,for each day of late or incomplete payment of a mandatory payment under paragraph 7#a7 after ,january #a of the applicable year1 the ,center shall be allowed to recover from the corporation an additional #bj1jjj4 4 7f7 ,additional duties ,section #bbjedb of title #cf1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by striking the period at the end2 and 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking 2 and and inserting a semicolon2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by striking clauses 7i7 and 7ii7 and inserting the following3 7i7 law enforcement consistent with section #bbf of the ,victims of ,child ,abuse ,act of #aiij 7#cd ,u4,s4,c4 #bjcda72 and 7ii7 the ,center1 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 abuse2 2 7ii7 by redesignating subparagraphs 7,b7 through 7,f7 as subparagraphs 7,e7 through 7,i71 respectively2 7iii7 by inserting after subparagraph 7,a7 the following3 7,b7 a requirement that the ,center shall immediately report to law enforcement consistent with section #bbf of the ,victims of ,child ,abuse ,act of #aiij 7#cd ,u4,s4,c4 #bjcda7 any allegation of child abuse of an amateur athlete who is a minor1 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 abuse2 7,c7 one or more policies that prohibit an individual who is a ,center employee1 contractor1 or agent from assisting a member or former member in obtaining a new job1 except the routine transmission of administrative and personnel files1 if the individual knows that such member or former member engaged in sexual misconduct regarding a minor in violation of the law2 7,d7 a requirement that the ,center1 including any officer1 agent1 attorney1 or staff member of the ,center1 shall not take any action-- 7i7 to notify an alleged perpetrator of abuse of an amateur athlete of any ongoing investigation or accusation unless the ,center has reason to believe an imminent hazard will result from failing to so notify the alleged perpetrator2 and 7ii7 on a date that is earlier than the date on which law enforcement-- 7,i7 authorizes the ,center to take such action2 or 7,,ii7 declines to act on the allegation within #gb hours after the time at which the ,center reports to law enforcement under subparagraph 7,b72 2 7iv7 in subparagraph 7,f71 as so redesignated1 by inserting 1 including communications1 after interactions2 7v7 by amending subparagraph 7,g71 as so redesignated1 to read as follows3 7,g7 procedures to prohibit retaliation by any national governing body or paralympic sports organization against any individual who makes-- 7i7 a report under subparagraph 7,a7 or 7,e72 or 7ii7 any other report relating to abuse of any amateur athlete1 including emotional1 physical1 and sexual abuse2 2 7vi7 in subparagraph 7,h71 as so redesignated1 by striking 2 and and inserting a semicolon2 7vii7 in subparagraph 7,i71 as so redesignated1 by striking the period at the end of clause 7ii7 and inserting a semicolon2 and 7viii7 by adding at the end the following3 7,j7 a prohibition on the use in a report or a resolution of the ,center under section #bbjeda7;a77#d7 of any evidence relating to other sexual behavior or the sexual predisposition of the alleged victim1 or the admission of any such evidence in arbitration1 unless the probative value of the use or admission of such evidence1 as determined by the ,director or the arbitrator1 as applicable1 substantially outweighs the danger of-- 7i7 any harm to the alleged victim2 and 7ii7 unfair prejudice to any party2 and 7,k7 training for investigators on appropriate methods and techniques for ensuring sensitivity toward alleged victims during interviews and other investigative activities4 4 7g7 ,report ,section #bbjedc7;b7 of title #cf1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking 2 and and inserting a semicolon2 7#b7 by redesignating paragraph 7#b7 as paragraph 7#h72 and 7#c7 by inserting after paragraph 7#a7 the following3 7#b7 a strategic plan with respect to the manner in which the ,center shall fulfill its duties under sections #bbjeda and #bbjedb2 7#c7 a detailed description of the efforts made by the ,center to comply with such strategic plan during the preceding year2 7#d7 any financial statement necessary to present fairly the assets1 liabilities1 and surplus or deficit of the ,center for the preceding year2 7#e7 an analysis of the changes in the amounts of such assets1 liabilities1 and surplus or deficit during the preceding year2 7#f7 any information relating to any report received or investigation conducted by the ,center during the preceding year1 including the number1 type1 and results of such report or investigation2 7#g7 any information relating to the education and training conducted by the office of education and outreach of the ,center during the preceding year2 and 4 #h4 ,exemption from automatic stay in bankruptcy cases ,section #cfb7;b7 of title #aa1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#bg71 by striking and at the end2 7#b7 in paragraph 7#bh71 by striking the period at the end and inserting 2 and2 and 7#c7 by inserting after paragraph 7#bh7 the following3 7#bi7 under subsection 7a77#a7 of this section1 of any action by-- 7,a7 an amateur sports organization1 as defined in section #bbjeja7;b7 of title #cf1 to replace a national governing body1 as defined in that section1 under section #bbjebh of that title2 or 7,b7 the corporation1 as defined in section #bbjeja7;b7 of title #cf1 to revoke the recognition of a national governing body1 as defined in that section1 under section #bbjeba of that title4 4 #a4 ,short title ,this ,act may be cited as the ,empowering ,olympic and ,amateur ,athletes ,act of #bjai4 #b4 ,findings ,congress makes the following findings3 7#a7 ,the courageous voice of survivors is a call to action to end emotional1 physical1 and sexual abuse in the ,olympic and ,paralympic movement4 7#b7 ,larry ,nassar1 the former national team doctor for ,,usa ,gymnastics1 sexually abused over #cjj athletes for over two decades because of ineffective oversight by ,,usa ,gymnastics and the ,united ,states ,olympic ,committee4 7#c7 ,while the case of ,larry ,nassar is unprecedented in scale1 the case is hardly the only recent incident of sexual abuse in amateur sports4 7#d7 ,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 suffered4 7#e7 ,after a comprehensive congressional investigation1 including interviews and statements from survivors1 former and current organization officials1 law enforcement1 and advocates1 ,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 sexual1 emotional1 or physical abuse4 7#f7 ,,usa ,gymnastics and the ,united ,states ,olympic ,committee knowingly concealed abuse by ,larry ,nassar1 leading to the abuse of dozens of additional amateur athletes during the period beginning in the summer of #bjae and ending in ,september #bjaf4 7#g7 ,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 safety4 #c4 ,united ,states ,olympic and ,paralympic ,committee 7a7 ,in general ,chapter #bbje of title #cf1 ,united ,states ,code1 is amended-- 7#a7 in the chapter heading1 by striking ,united ,states ,olympic ,committee and inserting ,united ,states ,olympic and ,paralympic ,committee2 7#b7 in section #bbjeja7;b77#f71 by striking ,united ,states ,olympic ,committee and inserting ,united ,states ,olympic and ,paralympic ,committee2 7#c7 in section #bbjejb1 by amending subsection 7c7 to read as follows3 7c7 ,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 ,committee4 2 7#d7 in section #bbjejf7;a71 by striking ,united ,states ,olympic ,committee and inserting ,united ,states ,olympic and ,paralympic ,committee2 and 7#e7 in section #bbjeca1 by striking ,united ,states ,olympic ,committee each place it appears and inserting ,united ,states ,olympic and ,paralympic ,committee4 7b7 ,conforming amendments ,the table of chapters for part ,b of subtitle ,,ii of title #cf1 ,united ,states ,code1 is amended by striking the item relating to chapter #bbje and inserting the following3 #bbje4,united ,states ,olympic and ,paralympic ,committee#bbjeja 4 #d4 ,congressional oversight of ,united ,states ,olympic and ,paralympic ,committee and national governing bodies 7a7 ,in general ,chapter #bbje of title #cf1 ,united ,states ,code1 is amended-- 7#a7 by redesignating the second subchapter designated as subchapter ,,iii 7relating to the ,united ,states ,center for ,safe,sport71 as added by section #bjb of the ,protecting ,young ,victims from ,sexual ,abuse and ,safe ,sport ,authorization ,act of #bjag 7,public ,law #aae-abf2 #acb ,stat4 #cbj7 as subchapter ,,iv2 and 7#b7 by adding at the end the following3 ,v ,dissolution of board of directors of corporation and termination of recognition of national governing bodies #bbjeea4 ,definitions ,in this subchapter1 the term joint resolution means a joint resolution-- 7#a7 which does not have a preamble2 and 7#b7 for which-- 7,a7 7i7 the title is only as follows3 ,a joint resolution to dissolve the board of directors of the ,united ,states ,olympic and ,paralympic ,committee2 and 7ii7 the matter after the resolving clause-- 7,i7 is as follows3 ,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 #bbje of title #cf1 ,united ,states ,code2 and 7,,ii7 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 times2 or 7,b7 7i7 the title is only as follows3 ,a joint resolution relating to terminating the recognition of a national governing body2 and 7ii7 the matter after the resolving clause is only as follows3 ,that ,congress determines that 1 which is recognized as a national governing body under section #bbjeba of title #cf1 ,united ,states ,code1 has failed to fulfill its duties1 as described in section #bbjebd of title #cf1 ,united ,states ,code1 the blank space being filled in with the name of the applicable national governing body4 #bbjeeb4 ,dissolution of board of directors of corporation and termination of recognition of national governing bodies 7a7 ,dissolution of board of directors of corporation ,effective on the date of enactment of a joint resolution described in section #bbjeea7b77;,a7 with respect to the board of directors of the corporation1 such board of directors shall be dissolved4 7b7 ,termination of recognition of national governing body ,effective on the date of enactment of a joint resolution described in section #bbjeea7b77;,b7 with respect to a national governing body1 the recognition of the applicable amateur sports organization as a national governing body shall cease to have force or effect4 #bbjeec4 ,joint resolution 7a7 ,referral and reporting 7#a7 ,house of ,representatives 7,a7 ,in general ,in the ,house of ,representatives1 a joint resolution shall be referred to the ,committee on ,energy and ,commerce4 7,b7 ,discharge ,the ,committee on ,energy and ,commerce shall be discharged from further consideration of a joint resolution and the joint resolution shall be referred to the appropriate calendar on the date on which not less than three-fifths of the ,members of the ,house of ,representatives1 duly chosen and sworn1 are listed as cosponsors of the joint resolution4 7,c7 ,limitation on consideration ,except as provided in subsection 7e77#a71 it shall not be in order for the ,house of ,representatives to consider a joint resolution unless-- 7i7 the joint resolution is reported by the ,committee on ,energy and ,commerce2 or 7ii7 the ,committee on ,energy and ,commerce is discharged from further consideration of the joint resolution under subparagraph 7,b74 7#b7 ,senate 7,a7 ,in general ,in the ,senate1 a joint resolution shall be referred to the ,committee on ,commerce1 ,science1 and ,transportation4 7,b7 ,discharge ,the ,committee on ,commerce1 ,science1 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 ,senate1 duly chosen and sworn1 are listed as cosponsors of the joint resolution4 7,c7 ,limitation on consideration ,except as provided in subsection 7e77#a71 it shall not be in order for the ,senate to consider a joint resolution unless-- 7i7 the joint resolution is reported by the ,committee on ,commerce1 ,science1 and ,transportation2 or 7ii7 the ,committee on ,commerce1 ,science1 and ,transportation is discharged from further consideration of the joint resolution under subparagraph 7,b74 7b7 ,expedited consideration in ,house of ,representatives 7#a7 ,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 7a77#a77;,b71 it shall be in order to move to proceed to consider the joint resolution in the ,house of ,representatives4 ,all points of order against the motion are waived4 ,such a motion shall not be in order after the ,house of ,representatives has disposed of a motion to proceed on a joint resolution4 ,the previous question shall be considered as ordered on the motion to its adoption without intervening motion4 ,the motion is highly privileged in the ,house of ,representatives and is not debatable4 ,a motion to reconsider the vote by which the motion is disposed of shall not be in order4 7#b7 ,consideration ,a joint resolution shall be considered as read4 ,all points of order against the joint resolution and against its consideration are waived4 ,the previous question shall be considered as ordered on the joint resolution to its final passage without intervening motion except #b hours of debate equally divided and controlled by the proponent and an opponent4 ,a motion to reconsider the vote on passage of the joint resolution shall not be in order4 7c7 ,expedited procedure in senate 7#a7 ,motion to proceed ,notwithstanding rule ,,xxii of the ,standing ,rules of the ,senate1 after the ,committee on ,commerce1 ,science1 and ,transportation reports a joint resolution to the ,senate or has been discharged from its consideration in accordance with subsection 7a77#b77;,b71 it shall be in order for any ,member of the ,senate to move to proceed to the consideration of the joint resolution4 ,a motion to proceed is in order even though a previous motion to the same effect has been disagreed to4 ,the motion to proceed is not debatable4 ,the motion is not subject to a motion to postpone4 ,a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order4 ,if a motion to proceed to the consideration of the joint resolution is agreed to1 the joint resolution shall remain the unfinished business until disposed of4 7#b7 ,consideration ,consideration of a joint resolution1 and on all debatable motions and appeals in connection therewith1 shall be limited to not more than #aj hours1 which shall be divided equally between the ,majority and ,minority ,leaders or their designees4 ,a motion further to limit debate is in order and not debatable4 ,a motion to postpone1 a motion to proceed to the consideration of other business1 or a motion to recommit the joint resolution is not in order4 ,any debatable motion is debatable for not to exceed #a hour1 to be divided equally between those favoring and those opposing the motion4 ,all time used for consideration of the joint resolution1 including time used for quorum calls and voting1 shall be counted against the total #aj hours of consideration4 7#c7 ,vote on passage ,if the ,senate has voted to proceed to a joint resolution1 the vote on passage of the joint resolution shall occur immediately following the conclusion of consideration of the joint resolution1 and a single quorum call at the conclusion of the consideration if requested in accordance with the rules of the ,senate4 7#d7 ,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 debate4 7d7 ,amendments not in order ,a joint resolution shall not be subject to amendment in either the ,house of ,representatives or the ,senate4 7e7 ,rules to coordinate action with other house 7#a7 ,treatment of joint resolution of other house 7,a7 ,in general ,if the ,senate or ,house of ,representatives fails to introduce or consider a joint resolution under this section1 the joint resolution of the other ,house-- 7i7 shall be entitled to expedited floor procedures described under this section2 and 7ii7 may be referred in the receiving chamber or may be held at the desk4 7,b7 ,potential referral ,if a joint resolution referred to a committee under subparagraph 7,a77ii7 is cosponsored by not less than three-fifths of the ,members of the originating ,house1 duly chosen and sworn1 the committee shall report the joint resolution not later than #bj days after the date on which the joint resolution is referred to the committee4 7#b7 ,vetoes ,if the ,president vetoes a joint resolution1 debate on a veto message in the ,senate under this section shall be #a hour equally divided between the ,majority and ,minority leaders or their designees4 7f7 ,rulemaking function ,this section is enacted by ,congress-- 7#a7 as an exercise of the rulemaking power of the ,senate and ,house of ,representatives1 respectively1 and as such it is deemed a part of the rules of each ,house1 respectively1 but applicable only with respect to the procedure to be followed in that ,house in the case of a joint resolution1 and it supersedes other rules only to the extent that it is inconsistent with such rules2 and 7#b7 with full recognition of the constitutional right of either ,house to change the rules 7so far as relating to the procedure of that ,house7 at any time1 in the same manner1 and to the same extent as in the case of any other rule of that ,house4 4 7b7 ,technical and conforming amendments ,the table of sections for chapter #bbje of title #cf1 ,united ,states ,code1 is amended-- 7#a7 by striking the second item relating to subchapter ,,iii 7relating to the ,united ,states ,center for ,safe,sport71 as added by section #bjb of the ,protecting ,young ,victims from ,sexual ,abuse and ,safe ,sport ,authorization ,act of #bjag 7,public ,law #aae-abf2 #acb ,stat4 #cbj7 and inserting the following3 ,,subchapter ,,iv--,united ,states ,center for ,safe,sport 2 and 7#b7 by adding at the end the following3 ,,subchapter ,v--,dissolution of board of directors of corporation and termination of recognition of national governing bodies #bbjeea4 ,definitions4 #bbjeeb4 ,dissolution of board of directors of corporation and termination of recognition of national governing bodies4 #bbjeec4 ,joint resolution4 4 7c7 ,effective date ,the amendments made by this section shall take effect on the date that is #a year after the date of the enactment of this ,act4 #e4 ,modifications to ,united ,states ,olympic and ,paralympic ,committee 7a7 ,purposes of the corporation ,section #bbjejc of title #cf1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#i71 by inserting and access to after development of2 7#b7 in paragraph 7#ad71 by striking 2 and and inserting a semicolon2 7#c7 in paragraph 7#ae71 by striking the period at the end and inserting 2 and2 and 7#d7 by adding at the end the following3 7#af7 to effectively oversee the national governing bodies with respect to compliance with and implementation of the policies and procedures of the corporation1 including policies and procedures on the establishment of a safe environment in sports as described in paragraph 7#ae74 4 7b7 ,modifications to membership in corporation and representation of athletes 7#a7 ,definition of ,athletes' ,advisory ,council ,section #bbjeja7;b7 of title #cf1 ,united ,states ,code1 is amended-- 7,a7 by striking paragraph 7#i72 7,b7 by redesignating paragraphs 7#d7 through 7#h7 as paragraphs 7#e7 through 7#i71 respectively2 and 7,c7 by inserting after paragraph 7#c7 the following3 7#d7 ,athletes' ,advisory ,council means the entity established and maintained under section #bbjejd7;b77#b77;,a7 that-- 7,a7 is composed of1 and elected by1 amateur athletes to ensure communication between the corporation and currently active amateur athletes2 and 7,b7 serves as a source of amateur-athlete opinion and advice with respect to policies and proposed policies of the corporation4 4 7#b7 ,membership and representation ,section #bbjejd of title #cf1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a71 by inserting and membership shall be available only to national governing bodies before the period at the end2 7,b7 in subsection 7b77#b7-- 7i7 in the matter preceding subparagraph 7,a71 by striking within the preceding #aj years2 7ii7 by striking subparagraph 7,a7 and inserting the following3 7,a7 establish and maintain an ,athletes' ,advisory ,council2 2 7iii7 in subparagraph 7,b7-- 7,i7 by striking #bj percent and inserting #a_/c2 and 7,,ii7 by inserting 1 including any panel empowered to resolve grievances before the semicolon2 7iv7 by redesignating subparagraph 7,b7 as subparagraph 7,d72 and 7v7 by inserting after subparagraph 7,a7 the following3 7,b7 ensure that the chair of the ,athletes' ,advisory ,council1 or the designee of the chair1 holds voting power on the board of directors of the corporation and in the committees and entities of the corporation2 7,c7 require that #a_/c of the membership of the board of directors of the corporation shall be composed of1 and elected by1 such amateur athletes1 including not fewer than one amateur athlete who-- 7i7 is actively engaged in representing the ,united ,states in amateur athletic competition2 or 7ii7 has represented the ,united ,states in international amateur athletic competition during the preceding #aj-year period2 and 2 and 7,c7 by adding at the end the following3 7c7 ,conflict of interest ,an athlete who represents athletes under subsection 7b77#b7 shall not be employed by the ,center1 or serve in a capacity that exercises decision-making authority on behalf of the ,center1 during the two-year period beginning on the date on which the athlete ceases such representation4 7d7 ,certification requirements ,the bylaws of the corporation shall include a description of all generally applicable certification requirements for membership in the corporation4 4 7c7 ,duties 7#a7 ,in general ,section #bbjeje of title #cf1 ,united ,states ,code1 is amended-- 7,a7 in the section heading1 by striking ,powers and inserting ,powers and duties2 and 7,b7 by adding at the end the following3 7d7 ,duties 7#a7 ,in general ,the duty of the corporation to amateur athletes includes the adoption1 effective implementation1 and enforcement of policies and procedures designed-- 7,a7 to immediately report to law enforcement and the ,center any allegation of child abuse of an amateur athlete who is a minor2 7,b7 to ensure that each national governing body has in place policies and procedures to report immediately any allegation of child abuse of an amateur athlete1 consistent with-- 7i7 the policies and procedures developed under paragraph 7#c7 of section #bbjeda7;a72 and 7ii7 the requirement described in paragraph 7#b77;,a7 of section #bbjedb7;a72 and 7,c7 to ensure that each national governing body and the corporation enforces temporary measures and sanctions issued pursuant to the authority of the ,center4 7#b7 ,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 law4 4 7#b7 ,conforming amendment ,the table of sections for chapter #bbje of title #cf1 ,united ,states ,code1 is amended by striking the item relating to section #bbjeje and inserting the following3 #bbjeje4 ,powers and duties4 4 7d7 ,policy with respect to assisting members or former members in obtaining jobs ,section #bbjejg of title #cf1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,policy with respect to assisting members or former members in obtaining jobs ,the corporation shall develop #a or more policies that prohibit any individual who is an employee1 contractor1 or agent of the corporation from assisting a member or former member in obtaining a new job 7except the routine transmission of administrative and personnel files7 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 law4 4 7e7 ,office of the ,athlete ,ombudsman ,section #bbjeji7;b7 of title #cf1 ,united ,states ,code1 is amended-- 7#a7 in the subsection heading1 by striking ,ombudsman and inserting ,office of the ,athlete ,ombudsman2 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a71 by moving clauses 7i7 through 7iii7 two ems to the right2 7,b7 by striking 7#b77;,a7 ,the procedure and inserting the following3 7#b7 ,hiring procedures2 vacancy2 termination 7,a7 ,hiring procedures ,the procedure 2 7,c7 in subparagraph 7,b7-- 7i7 by moving clauses 7i7 through 7iii7 two ems to the right2 and 7ii7 by striking 7,b7 ,the corporation and inserting the following3 7,c7 ,termination ,the corporation 2 and 7,d7 in the undesignated matter following clause 7iii7 of subparagraph 7,a71 by striking ,if there is and inserting the following3 7,b7 ,vacancy ,if there is 2 7#c7 by redesignating paragraph 7#b7 as paragraph 7#c72 7#d7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking 7#a7 ,the corporation and all that follows through who shall-- and inserting the following3 7#a7 ,in general ,the corporation shall hire and provide salary1 benefits1 and administrative expenses for an ombudsman and support staff for athletes4 7#b7 ,duties ,the ,office of the ,athlete ,ombudsman shall-- 2 7#e7 in paragraph 7#b71 as so designated by paragraph 7#d7-- 7,a7 by amending subparagraph 7,b7 to read as follows3 7,b7 assist in the resolution of athlete concerns2 2 7,b7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7,c7 by inserting after subparagraph 7,b7 the following3 7,c7 provide independent advice to athletes with respect to-- 7i7 the role1 responsibility1 authority1 and jurisdiction of the ,center2 and 7ii7 the relative value of engaging legal counsel2 and 2 and 7#f7 by adding at the end the following3 7#d7 ,confidentiality 7,a7 ,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 ,ombudsman4 7,b7 ,exception ,the ,office of the ,athlete ,ombudsman may disclose information described in subparagraph 7,a7 as necessary to resolve or mediate a dispute1 with the permission of the parties involved4 7,c7 ,judicial and administrative proceedings 7i7 ,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 ,ombudsman4 7ii7 ,work product ,any memorandum1 work product1 notes1 or case file of the ,office of the ,athlete ,ombudsman-- 7,i7 shall be confidential2 and 7,,ii7 shall not be-- 7aa7 subject to discovery1 subpoena1 or any other means of legal compulsion2 or 7bb7 admissible as evidence in a judicial or administrative proceeding4 7,d7 ,applicability ,the confidentiality requirements under this paragraph shall not apply to information relating to-- 7i7 applicable federally mandated reporting requirements2 7ii7 a felony personally witnessed by a member of the ,office of the ,athlete ,ombudsman2 7iii7 a situation1 communicated to the ,office of the ,athlete ,ombudsman1 in which an individual is at imminent risk of serious harm2 or 7iv7 a congressional subpoena4 7,e7 ,development of policy 7i7 ,in general ,not later than #ahj days after the date of the enactment of the ,empowering ,olympic and ,amateur ,athletes ,act of #bjai1 the ,office of the ,athlete ,ombudsman shall develop and publish in the ,federal ,register a confidentiality and privacy policy consistent with this paragraph4 7ii7 ,distribution ,the ,office of the ,athlete ,ombudsman shall distribute a copy of the policy developed under clause 7i7 to-- 7,i7 employees of the national governing bodies2 and 7,,ii7 employees of the corporation4 7iii7 ,publication by national governing bodies ,each national governing body shall-- 7,i7 publish the policy developed under clause 7i7 on the internet website of the national governing body2 and 7,,ii7 communicate to amateur athletes the availability of the policy4 7#e7 ,prohibition on retaliation ,no employee1 contractor1 agent1 volunteer1 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 ,ombudsman4 7#f7 ,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 section4 4 7f7 ,reports and audits 7#a7 ,in general ,section #bbjeaa of title #cf1 ,united ,states ,code1 is amended-- 7,a7 in the section heading1 by striking ,report and inserting ,reports and audits2 7,b7 by striking subsection 7b72 7,c7 by amending subsection 7a7 to read as follows3 7a7 ,report 7#a7 ,submission to ,president and ,congress ,not less frequently than annually1 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 year4 7#b7 ,matters to be included ,each report required by paragraph 7#a7 shall include the following3 7,a7 ,a comprehensive description of the activities and accomplishments of the corporation during such calendar year4 7,b7 ,data concerning the participation of women1 disabled individuals1 and racial and ethnic minorities in the amateur athletic activities and administration of the corporation and national governing bodies4 7,c7 ,a description of the steps taken to encourage the participation of women1 disabled individuals1 and racial minorities in amateur athletic activities4 7,d7 ,a description of any lawsuit or grievance filed against the corporation1 including any dispute initiated under this chapter4 7,e7 ,the agenda and minutes of any meeting of the board of directors of the corporation that occurred during such calendar year4 7,f7 ,a report by the compliance committee of the corporation that1 with respect to such calendar year-- 7i7 identifies-- 7,i7 the areas in which the corporation has met compliance standards2 and 7,,ii7 the areas in which the corporation has not met compliance standards2 and 7ii7 assesses the compliance of each member of the corporation and provides a plan for improvement1 as necessary4 7,g7 ,a detailed description of any complaint of retaliation made during such calendar year1 including the entity involved1 the number of allegations of retaliation1 and the outcome of such allegations4 7#c7 ,public availability ,the corporation shall make each report under this subsection available to the public on an easily accessible internet website of the corporation4 2 and 7,d7 by adding at the end the following3 7b7 ,audit 7#a7 ,in general ,not less frequently than annually1 the financial statements of the corporation for the preceding fiscal year shall be audited in accordance with generally accepted auditing standards by-- 7,a7 an independent certified public accountant2 or 7,b7 an independent licensed public accountant who is certified or licensed by the regulatory authority of a ,state or a political subdivision of a ,state4 7#b7 ,location ,an audit under paragraph 7#a7 shall be conducted at the location at which the financial statements of the corporation normally are kept4 7#c7 ,access ,an individual conducting an audit under paragraph 7#a7 shall be given full access to-- 7,a7 all records and property owned or used by the corporation1 as necessary to facilitate the audit2 and 7,b7 any facility under audit for the purpose of verifying transactions1 including any balance or security held by a depository1 fiscal agent1 or custodian4 7#d7 ,report 7,a7 ,in general ,not later than #ahj days after the end of the fiscal year for which an audit is carried out1 the auditor shall submit a report on the audit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and the chair of the ,athletes' ,advisory ,council4 7,b7 ,matters to be included ,each report under subparagraph 7,a7 shall include the following for the applicable fiscal year3 7i7 ,any statement necessary to present fairly the assets1 liabilities1 and surplus or deficit of the corporation4 7ii7 ,an analysis of the changes in the amounts of such assets1 liabilities1 and surplus or deficit4 7iii7 ,a detailed statement of the income and expenses of the corporation1 including the results of any trading1 manufacturing1 publishing1 or other commercial endeavor4 7iv7 ,a detailed statement of the amounts spent on stipends and services for athletes4 7v7 ,a detailed statement of the amounts spent on compensation and services for executives and administration officials of the corporation1 including the #bj employees of the corporation who receive the highest amounts of compensation4 7vi7 ,a detailed statement of the amounts allocated to the national governing bodies4 7vii7 ,such comments and information as the auditor considers necessary to inform ,congress of the financial operations and condition of the corporation4 7viii7 ,recommendations relating to the financial operations and condition of the corporation4 7ix7 ,a description of any financial conflict of interest 7including a description of any recusal or other mitigating action taken71 evaluated in a manner consistent with the policies of the corporation1 of-- 7,i7 a member of the board of directors of the corporation2 or 7,,ii7 any senior management personnel of the corporation4 7,c7 ,public availability 7i7 ,in general ,the corporation shall make each report under this paragraph available to the public on an easily accessible internet website of the corporation4 7ii7 ,personally identifiable information ,a report made available under clause 7i7 shall not include the personally identifiable information of any individual4 4 7#b7 ,conforming amendment ,the table of sections for chapter #bbje of title #cf1 ,united ,states ,code1 is amended by striking the item relating to section #bbjeaa and inserting the following3 #bbjeaa4 ,reports and audits4 4 7g7 ,policy with respect to bonus and severance pay 7#a7 ,in general ,section #bbjejg of title #cf1 ,united ,states ,code1 as amended by subsection 7d71 is further amended by adding at the end the following3 7d7 ,policy regarding terms and conditions of employment ,the corporation shall establish a policy-- 7#a7 not to disperse bonus or severance pay to any individual named as a subject of an ethics investigation by the ethics committee of the corporation1 until such individual is cleared of wrongdoing by such investigation2 and 7#b7 that provides that-- 7,a7 if the ethics committee determines that an individual has violated the policies of the corporation-- 7i7 the individual is no longer entitled to bonus or severance pay previously withheld2 and 7ii7 the compensation committee of the corporation may reduce or cancel the withheld bonus or severance pay2 and 7,b7 in the case of an individual who is the subject of a criminal investigation1 the ethics committee shall investigate the individual4 4 7#b7 ,applicability ,the amendment made by paragraph 7#a7 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 ,act4 7h7 ,annual amateur athlete survey 7#a7 ,in general ,subchapter ,i of chapter #bbje of title #cf1 ,united ,states ,code1 is amended by adding at the end the following3 #bbjeac4 ,annual amateur athlete survey 7a7 ,in general ,not less frequently than annually1 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-- 7#a7 their satisfaction with the corporation and the applicable national governing body2 and 7#b7 the behaviors1 attitudes1 and feelings within the corporation and the applicable national governing body relating to sexual harassment and abuse4 7b7 ,consultation ,a contract under subsection 7a7 shall require the independent third-party organization to develop the survey in consultation with the ,center4 7c7 ,prohibition on interference ,if the corporation or a national governing body makes any effort to undermine the independence of1 introduce bias into1 or otherwise influence a survey under subsection 7a71 the corporation or the national governing body shall be decertified4 7d7 ,public availability ,the corporation shall make the results of each such survey available to the public on an internet website of the corporation4 4 7#b7 ,conforming amendment ,the table of sections for chapter #bbje of title #cf1 ,united ,states ,code1 is amended by adding at the end of subchapter ,i the following3 #bbjeac4 ,annual amateur athlete survey4 4 #f4 ,modifications to national governing bodies 7a7 ,certification of national governing bodies 7#a7 ,in general ,section #bbjeba of title #cf1 ,united ,states ,code1 is amended-- 7,a7 in the section heading1 by striking ,recognition of amateur sports organizations as national governing bodies and inserting ,certification of national governing bodies2 7,b7 by amending subsection 7a7 to read as follows3 7a7 ,in general ,with respect to each sport included on the program of the ,olympic ,games1 the ,paralympic ,games1 or the ,pan-,american ,games1 the corporation-- 7#a7 may certify as a national governing body an amateur sports organization1 a high-performance management organization1 or a paralympic sports organization that files an application and is eligible for such certification under section #bbjebb2 and 7#b7 may not certify more than #a national governing body4 2 7,c7 in subsection 7b71 by striking recognizing and inserting certifying2 7,d7 in subsection 7c71 by striking recognizing and inserting certifying2 and 7,e7 by amending subsection 7d7 to read as follows3 7d7 ,review of certification ,not later than #h years after the date of the enactment of the ,empowering ,olympic and ,amateur ,athletes ,act of #bjai1 and not less frequently than once every #d years thereafter1 the corporation-- 7#a7 shall review all matters related to the continued certification of an organization as a national governing body2 7#b7 may take action the corporation considers appropriate1 including placing conditions on the continued certification of an organization as a national governing body2 7#c7 shall submit to ,congress a summary report of each review under paragraph 7#a72 and 7#d7 shall make each such summary report available to the public4 4 7#b7 ,technical and conforming amendments 7,a7 ,chapter #bbje of title #cf1 ,united ,states ,code1 is amended-- 7i7 in section #bbjeja7;b71 as amended by section #e7;b77#a71 by amending paragraph 7#i7 to read as follows3 7#i7 national governing body means an amateur sports organization1 a high-performance management organization1 or a paralympic sports organization that is certified by the corporation under section #bbjeba4 2 7ii7 in section #bbjejd7;b71 by amending paragraph 7#a7 to read as follows3 7#a7 national governing bodies1 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 bodies2 2 7iii7 in section #bbjeje7;c71 by amending paragraph 7#d7 to read as follows3 7#d7 certify national governing bodies for any sport that is included on the program of the ,olympic ,games1 the ,paralympic ,games1 or the ,pan-,american ,games2 2 7iv7 in section #bbjeji7;b77#b77;,a71 as designated by subsection #e7;e77#d71 by striking paralympic sports organizations12 7v7 in section #bbjeab1 by striking or paralympic sports organization2 7vi7 in section #bbjebb-- 7,i7 by striking subsection 7b72 and 7,,ii7 in subsection 7a7-- 7aa7 by striking recognized each place it appears and inserting certified2 7bb7 by striking recognition each place it appears and inserting certification2 7cc7 in paragraph 7#f71 by inserting 1 the ,paralympic ,games1 after the ,olympic ,games2 7dd7 in paragraph 7#aa7-- 7,,aa7 in the matter preceding subparagraph 7,a71 by inserting 1 high-performance management organization1 or paralympic sports organization after amateur sports organization2 and 7,,bb7 in subparagraph 7,b71 by striking amateur sports and inserting applicable2 and 7ee7 by striking the subsection designation and heading and all that follows through ,an amateur sports organization and inserting ,an amateur sports organization1 a high-performance management organization1 or a paralympic sports organization2 7vii7 in section #bbjebd1 by striking amateur sports each place it appears2 7viii7 in section #bbjebh-- 7,i7 by striking recognition each place it appears and inserting certification2 7,,ii7 by striking recognize each place it appears and inserting certify2 and 7,,iii7 in subsection 7g71 in the subsection heading1 by striking ,recognition and inserting ,certification2 7ix7 in section #bbjeca-- 7,i7 by striking 1 each national governing body1 and each paralympic sports organization each place it appears and inserting and each national governing body2 and 7,,ii7 in subsection 7c77#b71 by striking each paralympic sports organization12 7x7 in section #bbjeda-- 7,i7 in subsection 7a7-- 7aa7 in paragraph 7#b71 by striking 1 each national governing body1 and each paralympic sports organization and inserting and each national governing body2 and 7bb7 in paragraph 7#c71 by striking and paralympic sports organizations2 and 7,,ii7 in subsection 7d77#c71 by striking subparagraph 7,c72 7xi7 in section #bbjedb-- 7,i7 by striking or paralympic sports organization each place it appears2 and 7,,ii7 in subsection 7a77#b7-- 7aa7 in subparagraph 7,a71 by striking 1 a paralympic sports organization12 7bb7 in subparagraph 7,e71 by striking or a paralympic sports organization of each national governing body and paralympic sports organization2 and 7cc7 in subparagraph 7,f77i7-- 7,,aa7 by striking 1 or an adult and inserting or an adult2 7,,bb7 by striking 1 paralympic sports organization12 and 7,,cc7 by striking 1 paralympic sports organizations14 7,b7 ,the table of sections for chapter #bbje of title #cf1 ,united ,states ,code1 is amended by striking the item relating to section #bbjeba and inserting the following3 #bbjeba4 ,certification of national governing bodies44 7b7 ,eligibility requirements with respect to governing boards ,section #bbjebb of title #cf1 ,united ,states ,code1 as amended by subsection 7a77#b71 is further amended-- 7#a7 in paragraph 7#b71 by inserting 1 including the ability to provide and enforce required athlete protection policies and procedures before the semicolon2 7#b7 in paragraph 7#e71 in the matter preceding subparagraph 7,a71 by inserting except with respect to the oversight of the organization1 after sport12 7#c7 by redesignating paragraphs 7#aj7 through 7#ae7 as paragraphs 7#aa7 through 7#af71 respectively2 7#d7 by inserting after paragraph 7#i7 the following3 7#aj7 ensures that the selection criteria for individuals and teams that represent the ,united ,states are-- 7,a7 fair1 as determined by the corporation in consultation with the national governing bodies1 the ,athletes' ,advisory ,council1 and the ,united ,states ,olympians and ,paralympians ,association2 7,b7 clearly articulated in writing and properly communicated to athletes in a timely manner2 and 7,c7 consistently applied1 using objective and subjective criteria appropriate to the applicable sport2 2 7#e7 by striking paragraph 7#ac71 as so redesignated1 and inserting the following3 7#ac7 demonstrates1 based on guidelines approved by the corporation1 the ,athletes' ,advisory ,council1 and the ,national ,governing ,bodies' ,council1 that-- 7,a7 its board of directors and other such governing boards have established criteria and election procedures for1 and maintain among their voting members1 individuals who are-- 7i7 elected by amateur athletes2 and 7ii7 actively engaged in amateur athletic competition in the sport for which certification is sought2 7,b7 any exception to such guidelines by such organization has been approved by-- 7i7 the corporation2 and 7ii7 the ,athletes' ,advisory ,council2 and 7,c7 the voting power held by such individuals is not less than #a_/c of the voting power held by its board of directors and other such governing boards2 2 7#f7 in paragraph 7#ae71 as so redesignated1 by striking 2 and and inserting a semicolon2 7#g7 in paragraph 7#af71 as so redesignated1 by striking the period at the end and inserting a semicolon2 and 7#h7 by adding at the end the following3 7#ag7 commits to submitting annual reports to the corporation that include1 for each calendar year-- 7,a7 a description of the manner in which the organization-- 7i7 carries out the mission to promote a safe environment in sports that is free from abuse of amateur athletes 7including emotional1 physical1 and sexual abuse72 and 7ii7 addresses any sanctions or temporary measures required by the ,center2 7,b7 a description of any cause of action or complaint filed against the organization that was pending or settled during the preceding calendar year2 and 7,c7 a detailed statement of-- 7i7 the income and expenses of the organization2 and 7ii7 the amounts expended on stipends1 bonuses1 and services for amateur athletes1 organized by the level and gender of the amateur athletes2 and 7#ah7 commits to meeting any minimum standard or requirement set forth by the corporation4 4 7c7 ,general duties of national governing bodies ,section #bbjebd of title #cf1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking ,for the sport and inserting the following3 7a7 ,in general ,for the sport 2 7#b7 in subsection 7a71 as so designated-- 7,a7 in paragraph 7#h71 by striking 2 and and inserting a semicolon2 7,b7 in paragraph 7#i71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7#aj7 develop #a or more policies that prohibit any individual who is an employee1 contractor1 or agent of the national governing body from assisting a member or former member in obtaining a new job 7except for the routine transmission of administrative and personnel files7 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 ,center2 7#aa7 promote a safe environment in sports that is free from abuse of any amateur athlete1 including emotional1 physical1 and sexual abuse2 7#ab7 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 ,center2 7#ac7 immediately report to law enforcement any allegation of child abuse of an amateur athlete who is a minor2 and 7#ad7 have in place policies and procedures to report immediately any allegation of child abuse of an amateur athlete1 consistent with-- 7,a7 the policies and procedures developed under paragraph 7#c7 of section #bbjeda7;a72 and 7,b7 the requirement described in paragraph 7#b77;,a7 of section #bbjedb7;a74 2 and 7#c7 by adding at the end the following3 7b7 ,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 law4 4 7d7 ,elimination of exhaustion of remedies requirement ,section #bbjebg of title #cf1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7b72 7#b7 in subsection 7c71 by striking ,if the corporation and all that follows through subsection 7b77#a7 of this section1 it and inserting ,the corporation2 and 7#c7 by redesignating subsections 7c7 and 7d7 as subsections 7b7 and 7c71 respectively4 7e7 ,ensure limitations on communications are included in limitations on interactions ,section #bbjecj7;a7 of title #cf1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b71 by inserting 1 including communications1 after interactions2 and 7#b7 in paragraph 7#d71 by striking makes and all that follows through the period at the end and inserting the following3 8makes-- 7,a7 a report under paragraph 7#a72 or 7,b7 any other report relating to abuse of any amateur athlete1 including emotional1 physical1 and sexual abuse4 4 #g4 ,modifications to ,united ,states ,center for ,safe,sport 7a7 ,name of ,center 7#a7 ,subchapter ,,iv of chapter #bbje of title #cf1 ,united ,states ,code1 as redesignated by section #d7;a77#a71 is amended in the subchapter heading by striking ,safe ,sport and inserting ,safe,sport4 7#b7 ,section #bbjeda of title #cf1 ,united ,states ,code1 is amended-- 7,a7 in the section heading by striking ,safe ,sport and inserting ,safe,sport2 and 7,b7 in subsection 7a71 in the matter preceding paragraph 7#a71 by striking ,safe ,sport and inserting ,safe,sport4 7#c7 ,paragraph 7#e7 of section #bbjeja7;b7 of title #cf1 ,united ,states ,code1 as redesignated by section #e7;b77#a71 is amended by striking ,united ,states ,center for ,safe ,sport and inserting ,united ,states ,center for ,safe,sport4 7#d7 ,the table of sections for chapter #bbje of title #cf1 ,united ,states ,code1 is amended by striking the item relating to section #bbjeda and inserting the following3 #bbjeda4 ,designation of ,united ,states ,center for ,safe,sport44 7b7 ,list of barred individuals2 audit and compliance ,section #bbjeda7;a7 of title #cf1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#d71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#e71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7#f7 maintain an office for compliance and audit that shall-- 7,a7 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 athletes1 including emotional1 physical1 and sexual abuse2 and 7,b7 establish mechanisms that allow for the reporting and investigation of alleged violations of such policies and procedures2 and 7#g7 publish and maintain a publicly accessible internet website that contains a comprehensive list of adults who are barred by the ,center4 4 7c7 ,limitation on liability ,section #bbjeda7;d7 of title #cf1 ,united ,states ,code1 as amended by section #f7;a77#b71 is further amended-- 7#a7 in paragraph 7#c71 by inserting after subparagraph 7,b7 the following3 7,c7 the corporation2 2 7#b7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7#c7 by inserting after paragraph 7#b7 the following3 7#c7 ,removal to ,federal court 7,a7 ,in general ,any civil action brought in a ,state court against the ,center relating to the responsibilities of the ,center under this section1 section #bbjedb1 or section #bbjedc1 shall be removed1 on request by the ,center1 to the district court of the ,united ,states in the district in which the action was brought1 and such district court shall have original jurisdiction over the action without regard to the amount in controversy or the citizenship of the parties involved4 7,b7 ,rule of construction ,nothing in this chapter shall be construed to create a private right of action4 4 7d7 ,training materials2 independence2 funding ,section #bbjeda of title #cf1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 ,training materials ,the office for education and outreach referred to in subsection 7a77#c7 shall-- 7#a7 develop training materials for specific audiences1 including coaches1 trainers1 doctors1 young children1 adolescents1 adults1 and individuals with disabilities2 and 7#b7 not less frequently than every #c years1 update such training materials4 7f7 ,independence 7#a7 ,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 #b-year period beginning on the date on which the former employee or board member ceases employment with the corporation or national governing body4 7#b7 ,athletes serving on board of directors of national governing body 7,a7 ,in general ,an athlete serving on the board of directors of a national governing body who is not otherwise employed by the national governing body1 may volunteer at1 or serve in an advisory capacity to1 the ,center4 7,b7 ,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 #b-year period beginning on the date on which the athlete ceases to serve on such board of directors4 7#c7 ,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 body4 7#d7 ,investigations 7,a7 ,in general ,the corporation and the national governing bodies shall not interfere in1 or attempt to influence the outcome of1 an investigation4 7,b7 ,report ,in the case of an attempt to interfere in1 or influence the outcome of1 an investigation1 not later than #gb hours after such attempt1 the ,center shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report describing the attempt4 7,c7 ,work product 7i7 ,in general ,any decision1 report1 memorandum1 work product1 notes1 or case file of the ,center-- 7,i7 shall be confidential2 and 7,,ii7 shall not be subject to discovery1 subpoena1 or any other means of legal compulsion in any civil action in which the ,center is not a party to the action4 7ii7 ,rule of construction ,nothing in this subparagraph shall be construed to prohibit the ,center from providing work product described in clause 7i7 to a law enforcement agency for the purpose of assisting in a criminal investigation4 7g7 ,funding 7#a7 ,mandatory payments 7,a7 ,fiscal year #bjbj ,not later than #cj days after the date of the enactment of this subsection1 the corporation shall make a mandatory payment of #bj1jjj1jjj to the ,center for operating costs of the ,center for fiscal year #bjbj4 7,b7 ,subsequent fiscal years ,beginning on ,january #a1 #bjbj1 the corporation shall make a mandatory payment of #bj1jjj1jjj to the ,center on ,january #a each year for operating costs of the ,center4 7#b7 ,funds from national governing bodies ,the corporation may use funds received from #a or more national governing bodies to make a mandatory payment required by paragraph 7#a74 7#c7 ,failure to comply 7,a7 ,in general ,the ,center may file a lawsuit to compel payment under paragraph 7#a74 7,b7 ,penalty ,for each day of late or incomplete payment of a mandatory payment under paragraph 7#a7 after ,january #a of the applicable year1 the ,center shall be allowed to recover from the corporation an additional #bj1jjj4 7#d7 ,accountability 7,a7 ,in general ,amounts transferred to the ,center by the corporation or a national governing body shall be used1 in accordance with section #bbjejc7ae71 primarily for the purpose of carrying out the duties and requirements under sections #bbjeda through #bbjedc with respect to the investigation and resolution of allegations of sexual misconduct1 or other misconduct1 made by amateur athletes4 7,b7 ,use of funds 7i7 ,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 #bbjejc7ae7-- 7,i7 not less than #ej percent shall be used for processing the investigation and resolution of allegations described in subparagraph 7,a72 and 7,,ii7 not more than #aj percent may be used for executive compensation of officers and directors of the ,center4 7ii7 ,reserve funds 7,i7 ,in general ,if1 after the ,center uses the amounts as allocated under clause 7i71 the ,center does not use the entirety of the remaining amounts for the purpose described in subparagraph 7,a71 the ,center may retain not more than #be percent of such amounts as reserve funds4 7,,ii7 ,return of funds ,the ,center shall return to the corporation and national governing bodies any amounts1 proportional to the contributions of the corporation and national governing bodies1 that remain after the retention described in subclause 7,i74 7iii7 ,lobbying and fundraising ,amounts made available to the ,center under this paragraph may not be used for lobbying or fundraising expenses4 7h7 ,compliance audits 7#a7 ,in general ,not less frequently than annually1 the ,center shall carry out an audit of the corporation and each national governing body-- 7,a7 to assess compliance with policies and procedures developed under this subchapter2 and 7,b7 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 consent4 7#b7 ,corrective measures 7,a7 ,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 7#a77;,b74 7,b7 ,inclusions ,a corrective measure imposed under subparagraph 7,a7 may include the implementation of an athlete safety program or specific policies1 additional compliance audits or training1 and the imposition of a probationary period4 7,c7 ,enforcement 7i7 ,in general ,on request by the ,center1 the corporation shall-- 7,i7 enforce any corrective measure required under subparagraph 7,a72 and 7,,ii7 report the status of enforcement with respect to a national governing body within a reasonable timeframe4 7ii7 ,methods ,the corporation may enforce a corrective measure through any means available to the corporation1 including by withholding funds from a national governing body1 limiting the participation of the national governing body in corporation events1 and decertifying a national governing body4 7iii7 ,effect of noncompliance ,if the corporation fails to enforce a corrective measure within #gb hours of a request under clause 7i71 the ,center may submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report describing the noncompliance4 7#c7 ,annual report 7,a7 ,in general ,not less frequently than annually1 the ,center shall submit to ,congress a report on the findings of the audit under paragraph 7#a7 for the preceding year and the status of any corrective measures imposed as a result of the audit4 7,b7 ,public availability 7i7 ,in general ,each report under subparagraph 7,a7 shall be made available to the public4 7ii7 ,personally identifiable information ,a report made available to the public shall not include the personally identifiable information of any individual4 7i7 ,retaliation 7#a7 ,prohibition ,the ,center 7or any officer1 employee1 contractor1 subcontractor1 or agent of the ,center7 may not retaliate against any protected individual because of any protected disclosure4 7#b7 ,reporting1 investigation1 and arbitration ,the ,center shall establish mechanisms for the reporting1 investigation1 and resolution 7through binding third-party arbitration7 of complaints of alleged retaliation against a protected individual4 7#c7 ,disciplinary action ,if the ,center finds that an officer or employee of the ,center 7or any contractor1 subcontractor1 or agent of the ,center7 has retaliated against a protected individual1 the ,center shall take appropriate disciplinary action with respect to any such individual found to have retaliated against the protected individual4 7#d7 ,remedies 7,a7 ,in general ,if the ,center finds that an officer or employee of the ,center 7or any contractor1 subcontractor1 or agent of the ,center7 has retaliated against a protected individual1 the ,center shall promptly-- 7i7 take affirmative action to abate the violation2 7ii7 reinstate the complainant to the former position with the same pay and terms and privileges2 and 7iii7 pay compensatory damages1 including economic damages 7including backpay with interest7 and any special damages sustained as a result of the retaliation1 including damages for pain and suffering1 reasonable attorney fees1 and costs4 7#e7 ,enforcement action and procedures 7,a7 ,in general ,if the ,center has not issued a final decision within #ahj days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the complainant1 the complainant may bring an action at law or equity for de novo review in the appropriate district court of the ,united ,states1 which shall have jurisdiction over such an action without regard to the amount in controversy4 7,b7 ,jury trial ,a party to an action brought under paragraph 7,a7 shall be entitled to trial by jury4 7,c7 ,relief ,the court shall have jurisdiction to grant all relief under paragraph 7#d74 7#f7 ,statute of limitations ,an action under paragraph 7#b7 shall be commenced not later than #b years after the date on which the violation occurs1 or after the date on which the protected individual became aware of the violation4 7#g7 ,burdens of proof ,an action under paragraph 7#b7 or 7#e7 shall be governed as follows3 7,a7 ,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 complaint4 7,b7 ,criteria for determination by arbitration ,the arbitration may determine that a violation of paragraph 7#a7 has occurred only if the complainant demonstrates that the retaliation was a contributing factor in the action alleged in the complaint4 7,c7 ,prohibition ,relief may not be ordered under paragraph 7#d7 if the ,center demonstrates by clear and convincing evidence that the ,center would have taken the same action in the absence of that behavior4 7#h7 ,review ,any person adversely affected or aggrieved by an order issued under paragraph 7#d7 may obtain review of the order in the ,united ,states ,court of ,appeals for the circuit in which the violation1 with respect to which the order was issued1 allegedly occurred or the circuit in which the complainant resided on the date of such violation4 ,the petition for review must be filed not later than #fj days after the date of the issuance of the arbitration decision of the ,center4 ,review shall conform to chapter #g of title #e1 ,united ,states ,code4 ,the commencement of proceedings under this subparagraph shall not1 unless ordered by the court1 operate as a stay of the order4 7#i7 ,rights retained by employee ,nothing in this section shall be deemed to diminish the rights1 privileges1 or remedies of any employee under any ,federal or ,state law1 or under any collective bargaining agreement4 7#aj7 ,nonenforceability of certain provisions waiving rights and remedies ,the rights and remedies provided for in this section may not be waived by any agreement1 policy form1 or condition of employment4 7#aa7 ,protected individual ,for purposes of this subsection1 a protected individual includes any official or employee of the ,center and any contractor or subcontractor of the ,center4 7j7 ,reports to corporation ,not later than #cj 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 #bjai1 the ,center shall submit to the corporation a statement of the following3 7#a7 ,the number and nature of misconduct complaints referred to the ,center1 by sport4 7#b7 ,the number and type of pending misconduct complaints under investigation by the ,center4 7#c7 ,the number of misconduct complaints for which an investigation was terminated or otherwise closed by the ,center4 7#d7 ,the number of such misconduct complaints reported to law enforcement agencies by the ,center for further investigation4 7#e7 ,the number of discretionary cases accepted or declined by the ,center1 by sport4 7#f7 ,the average time required for resolution of such cases and misconduct complaints4 7#g7 ,information relating to the educational activities and trainings conducted by the office of education and outreach of the ,center during the preceding quarter1 including the number of educational activities and trainings developed and provided4 7k7 ,certifications of independence 7#a7 ,in general ,not later than #ahj days after the end of a fiscal year1 the ,comptroller ,general of the ,united ,states shall make available to the public a certification relating to the ,center's independence from the corporation4 7#b7 ,elements ,a certification required by paragraph 7#a7 shall include the following3 7,a7 ,a finding of whether a violation of a prohibition on employment of former employees or board members of the corporation under subsection 7f7 has occurred during the year preceding the certification4 7,b7 ,a finding of whether an executive or attorney for the ,center has had an inappropriate conflict of interest during that year4 7,c7 ,a finding of whether the corporation has interfered in1 or attempted to influence the outcome of1 an investigation by the ,center4 7,d7 ,any recommendations of the ,comptroller ,general for resolving any potential risks to the ,center's independence from the corporation4 7#c7 ,authority of ,comptroller ,general 7,a7 ,in general ,the ,comptroller ,general may take such reasonable steps as1 in the view of the ,comptroller ,general1 are necessary to be fully informed about the operations of the corporation and the ,center4 7,b7 ,specific authorities ,the ,comptroller ,general shall have-- 7i7 access to1 and the right to make copies of1 any and all nonprivileged books1 records1 accounts1 correspondence1 files1 or other documents or electronic records1 including emails1 of officers1 agents1 and employees of the ,center or the corporation2 and 7ii7 the right to interview any officer1 employee1 agent1 or consultant of the ,center or the corporation4 7,c7 ,treatment of privileged information ,if1 under this subsection1 the ,comptroller ,general seeks access to information contained within privileged documents or materials in the possession of the ,center or the corporation1 the ,center or the corporation1 as the case may be1 shall1 to the maximum extent practicable1 provide the ,comptroller ,general with the information without compromising the applicable privilege4 4 7e7 ,additional duties ,section #bbjedb of title #cf1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by striking the period at the end2 and 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking 2 and and inserting a semicolon2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by striking clauses 7i7 and 7ii7 and inserting the following3 7i7 law enforcement consistent with section #bbf of the ,victims of ,child ,abuse ,act of #aiij 7#cd ,u4,s4,c4 #bjcda72 and 7ii7 the ,center1 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 abuse2 2 7ii7 by redesignating subparagraphs 7,b7 through 7,f7 as subparagraphs 7,e7 through 7,i71 respectively2 7iii7 by inserting after subparagraph 7,a7 the following3 7,b7 a requirement that the ,center shall immediately report to law enforcement consistent with section #bbf of the ,victims of ,child ,abuse ,act of #aiij 7#cd ,u4,s4,c4 #bjcda7 any allegation of child abuse of an amateur athlete who is a minor1 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 abuse2 7,c7 #a or more policies that prohibit any individual who is an employee1 contractor1 or agent of the ,center from assisting a member or former member in obtaining a new job 7except for the routine transmission of administrative and personnel files7 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 law2 7,d7 a requirement that the ,center1 including any officer1 agent1 attorney1 or staff member of the ,center1 shall not take any action to notify an alleged perpetrator of abuse of an amateur athlete of any ongoing investigation or accusation unless-- 7i7 the ,center has reason to believe an imminent hazard will result from failing to so notify the alleged perpetrator2 or 7ii7 law enforcement-- 7,i7 authorizes the ,center to take such action2 or 7,,ii7 declines or fails to act on1 or fails to respond to the ,center with respect to1 the allegation within #gb hours after the time at which the ,center reports to law enforcement under subparagraph 7,b72 2 7iv7 in subparagraph 7,f71 as so redesignated1 by inserting 1 including communications1 after interactions2 7v7 by amending subparagraph 7,g71 as so redesignated1 to read as follows3 7,g7 procedures to prohibit retaliation by the corporation or any national governing body against any individual who makes-- 7i7 a report under subparagraph 7,a7 or 7,e72 or 7ii7 any other report relating to abuse of any amateur athlete1 including emotional1 physical1 and sexual abuse2 2 7vi7 in subparagraph 7,h71 as so redesignated1 by striking 2 and and inserting a semicolon2 7vii7 in subparagraph 7,i71 as so redesignated1 by striking the period at the end of clause 7ii7 and inserting a semicolon2 and 7viii7 by adding at the end the following3 7,j7 a prohibition on the use in a decision of the ,center under section #bbjeda7;a77#d7 of any evidence relating to other sexual behavior or the sexual predisposition of the alleged victim1 or the admission of any such evidence in arbitration1 unless the probative value of the use or admission of such evidence1 as determined by the ,center or the arbitrator1 as applicable1 substantially outweighs the danger of-- 7i7 any harm to the alleged victim2 and 7ii7 unfair prejudice to any party2 and 7,k7 training for investigators on appropriate methods and techniques for ensuring sensitivity toward alleged victims during interviews and other investigative activities4 4 7f7 ,records1 audits1 and reports ,section #bbjedc of title #cf1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7b7 and inserting the following3 7b7 ,audits and transparency 7#a7 ,annual audit 7,a7 ,in general ,not less frequently than annually1 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-- 7i7 to ensure the adequacy of the internal controls of the ,center2 and 7ii7 to prevent waste1 fraud1 or misuse of funds transferred to the ,center by the corporation or the national governing bodies4 7,b7 ,location ,an audit under subparagraph 7,a7 shall be conducted at the location at which the financial statements of the ,center normally are kept4 7,c7 ,report ,not later than #ahj days after the date on which an audit under subparagraph 7,a7 is completed1 the independent auditor shall issue an audit report4 7,d7 ,corrective action plan 7i7 ,in general ,on completion of the audit report under subparagraph 7,c7 for a fiscal year1 the ,center shall prepare1 in a separate document1 a corrective action plan that responds to any corrective action recommended by the independent auditor4 7ii7 ,matters to be included ,a corrective action plan under clause 7i7 shall include the following for each such corrective action3 7,i7 ,the name of the person responsible for the corrective action4 7,,ii7 ,a description of the planned corrective action4 7,,iii7 ,the anticipated completion date of the corrective action4 7,,iv7 ,in the case of a recommended corrective action based on a finding in the audit report with which the ,center disagrees1 or for which the ,center determines that corrective action is not required1 an explanation and a specific reason for noncompliance with the recommendation4 7#b7 ,access to records and personnel ,with respect to an audit under paragraph 7#a71 the ,center shall provide the independent auditor access to all records1 documents1 and personnel and financial statements of the ,center necessary to carry out the audit4 7#c7 ,public availability 7,a7 ,in general ,the ,center shall make available to the public on an easily accessible internet website of the ,center-- 7i7 each audit report under paragraph 7#a77;,c72 7ii7 the ,internal ,revenue ,service ,form #iij of the ,center for each year1 filed under section #eja7;c7 of the ,internal ,revenue ,code of #aihf2 and 7iii7 the minutes of the quarterly meetings of the board of directors of the ,center4 7,b7 ,personally identifiable information ,an audit report or the minutes made available under subparagraph 7,a7 shall not include the personally identifiable information of any individual4 7#d7 ,rule of construction ,for purposes of this subsection1 the ,center shall be considered a private entity4 7c7 ,report ,the ,center shall submit an annual report to ,congress1 including-- 7#a7 a strategic plan with respect to the manner in which the ,center shall fulfill its duties under sections #bbjeda and #bbjedb2 7#b7 a detailed description of the efforts made by the ,center to comply with such strategic plan during the preceding year2 7#c7 any financial statement necessary to present fairly the assets1 liabilities1 and surplus or deficit of the ,center for the preceding year2 7#d7 an analysis of the changes in the amounts of such assets1 liabilities1 and surplus or deficit during the preceding year2 7#e7 a detailed description of ,center activities1 including-- 7,a7 the number and nature of misconduct complaints referred to the ,center2 7,b7 the total number and type of pending misconduct complaints under investigation by the ,center2 7,c7 the number of misconduct complaints for which an investigation was terminated or otherwise closed by the ,center2 and 7,d7 the number of such misconduct complaints reported to law enforcement agencies by the ,center for further investigation2 7#f7 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-- 7,a7 the number of such complaints2 and 7,b7 the outcome of each such complaint2 7#g7 information relating to the educational activities and trainings conducted by the office of education and outreach of the ,center during the preceding year1 including the number of educational activities and trainings developed and provided2 and 7#h7 a description of the activities of the ,center4 7d7 ,definitions ,in this section-- 7#a7 audit report means a report by an independent auditor that includes-- 7,a7 an opinion or a disclaimer of opinion that presents the assessment of the independent auditor with respect to the financial records of the ,center1 including whether such records are accurate and have been maintained in accordance with generally accepted accounting principles2 7,b7 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 testing2 and 7,c7 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 7b72 and 7#b7 independent auditor means an independent certified public accountant or independent licensed public accountant1 certified or licensed by a regulatory authority of a ,state or a political subdivision of a ,state1 who meets the standards specified in generally accepted accounting principles4 4 #h4 ,exemption from automatic stay in bankruptcy cases ,section #cfb7;b7 of title #aa1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#bg71 by striking and at the end2 7#b7 in paragraph 7#bh71 by striking the period at the end and inserting 2 and2 and 7#c7 by inserting after paragraph 7#bh7 the following3 7#bi7 under subsection 7a77#a7 of this section1 of any action by-- 7,a7 an amateur sports organization1 as defined in section #bbjeja7;b7 of title #cf1 to replace a national governing body1 as defined in that section1 under section #bbjebh of that title2 or 7,b7 the corporation1 as defined in section #bbjeja7;b7 of title #cf1 to revoke the recognition of a national governing body1 as defined in that section1 under section #bbjeba of that title4 4 #i4 ,enhanced child abuse reporting ,section #bbf7;c77#i7 of the ,victims of ,child ,abuse ,act of #aiij 7#cd ,u4,s4,c4 #bjcda7;c77#i77 is amended-- 7#a7 by striking adult who is authorized and inserting the following3 8adult who-- 7,a7 is authorized 2 7#b7 in subparagraph 7,a71 as so designated1 by inserting or after the semicolon at the end2 and 7#c7 by adding at the end the following3 7,b7 is an employee or representative of the ,united ,states ,center for ,safe,sport2 4 #aj4 ,commission on the ,state of ,u4,s4 ,olympics and ,paralympics 7a7 ,establishment ,there is established within the legislative branch a commission1 to be known as the ,commission on the ,state of ,u4,s4 ,olympics and ,paralympics 7referred to in this section as the ,commission74 7b7 ,composition 7#a7 ,in general ,the ,commission shall be composed of #af members1 of whom-- 7,a7 #d members shall be appointed by the chairman of the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7,b7 #d members shall be appointed by the ranking member of the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7,c7 #d members shall be appointed by the chairman of the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7,d7 #d members shall be appointed by the ranking member of the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7#b7 ,co-chairs ,of the members of the ,commission-- 7,a7 #a co-chair shall be designated by the chairman of the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7,b7 #a co-chair shall be designated by the chairman of the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7#c7 ,qualifications 7,a7 ,in general ,each member appointed to the ,commission shall have-- 7i7 experience in-- 7,i7 amateur or professional athletics2 7,,ii7 athletic coaching2 7,,iii7 public service relating to sports2 or 7,,iv7 professional advocacy for increased minority participation in sports2 or 7ii7 expertise in bullying prevention and the promotion of a healthy organizational culture4 7,b7 ,olympic or ,paralympic athletes ,not fewer than #h members appointed under paragraph 7#a7 shall be ,olympic or ,paralympic athletes4 7c7 ,initial meeting ,not later than #cj days after the date on which the last member is appointed under paragraph 7#a71 the ,commission shall hold an initial meeting4 7d7 ,quorum #aa members of the ,commission shall constitute a quorum4 7e7 ,no proxy voting ,proxy voting by members of the ,commission shall be prohibited4 7f7 ,staff ,the co-chairs of the ,commission shall appoint an executive director of the ,commission1 and such staff as appropriate1 with compensation4 7g7 ,public hearings ,the ,commission shall hold #a or more public hearings4 7h7 ,travel expenses ,members of the ,commission shall serve without pay1 but shall receive travel expenses in accordance with sections #egjb and #egjc of title #e1 ,united ,states ,code4 7i7 ,duties of ,commission 7#a7 ,study 7,a7 ,in general ,the ,commission shall conduct a study on matters relating to the state of ,united ,states participation in the ,olympic and ,paralympic ,games4 7,b7 ,matters studied ,the study under subparagraph 7,a7 shall include-- 7i7 a description of proposed reforms to the structure of the ,united ,states ,olympic and ,paralympic ,committee2 7ii7 an assessment as to whether the board of directors of the ,united ,states ,olympic and ,paralympic ,committee includes diverse members1 including athletes2 7iii7 an assessment of ,united ,states athlete participation levels in the ,olympic and ,paralympic ,games2 7iv7 a description of the status of any ,united ,states ,olympic and ,paralympic ,committee licensing arrangement2 7v7 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 ,committee2 7vi7 an analysis of the participation in amateur athletics of-- 7,i7 women2 7,,ii7 disabled individuals2 and 7,,iii7 minorities2 7vii7 a description of ongoing efforts by the ,united ,states ,olympic and ,paralympic ,committee to recruit the ,olympic and ,paralympic ,games to the ,united ,states2 7viii7 an evaluation of the functions of the national governing bodies 7as defined in section #bbjejb of title #cf1 ,united ,states ,code7 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 #bbjebd7;a77#c7 of title #cf1 ,united ,states ,code2 and 7ix7 an assessment of the finances and the financial organization of the ,united ,states ,olympic and ,paralympic ,committee4 7#b7 ,report 7,a7 ,in general ,not later than #bgj days after the date of the enactment of this ,act1 the ,commission shall submit to ,congress a report on the results of the study conducted under paragraph 7#a71 including a detailed statement of findings1 conclusions1 recommendations1 and suggested policy changes4 7,b7 ,public availability ,the report required by subparagraph 7,a7 shall be made available to the public on an internet website of the ,united ,states ,government that is available to the public4 7j7 ,powers of ,commission 7#a7 ,subpoena authority ,the ,commission may subpoena an individual the testimony of whom may be relevant to the purpose of the ,commission4 7#b7 ,furnishing information ,on request by the executive director of the ,commission1 the head of a ,federal agency shall furnish information to the ,commission4 7k7 ,termination of ,commission ,the ,commission shall terminate #ij days after the date on which the ,commission submits the report under subsection 7i77#b74 7l7 ,authorization of appropriations ,there is authorized to be appropriated such sums as may be necessary to carry out this section4 #aa4 ,protecting abuse victims from retaliation 7a7 ,definitions ,section #bbjeja7;b7 of title #cf1 ,united ,states ,code1 as amended by section #f7;a77#b71 is further amended-- 7#a7 by redesignating paragraphs 7#h71 7#i71 and 7#aj7 as paragraphs 7#i71 7#aj71 and 7#ad71 respectively2 and 7#b7 by inserting after paragraph 7#g7 the following3 7#h7 covered entity means-- 7,a7 an officer or employee of the ,center2 7,b7 a coach1 trainer1 manager1 administrator1 or other employee or official associated with the corporation or a national governing body2 7,c7 the ,department of ,justice2 7,d7 a ,federal or ,state law enforcement authority2 7,e7 a ,federal or ,state entity responsible for receiving reports of child abuse2 7,f7 the ,equal ,employment ,opportunity ,commission or other ,state or ,federal entity with responsibility over claims of sexual harassment2 or 7,g7 any other person who the protected individual reasonably believes has authority to investigate or act on information relating to abuse1 including-- 7i7 emotional1 physical1 or sexual abuse2 and 7ii7 sexual harassment4 2 and 7#c7 by inserting after paragraph 7#aj71 as so redesignated1 the following3 7#aa7 protected disclosure means any lawful act of a protected individual1 or in the case of a protected individual who is a minor1 an individual acting on behalf of a protected individual-- 7,a7 to provide information to1 cause information to be provided to1 or otherwise assist in an investigation by a covered entity 7or to be perceived as providing information to1 causing information to be provided to1 or otherwise assisting in such an investigation7 relating to abuse1 including-- 7i7 emotional1 physical1 or sexual abuse2 7ii7 sexual harassment2 and 7iii7 a violation of anti-abuse policies1 practices1 and procedures established pursuant to paragraph 7#c7 of section #bbjeda7;a7 and paragraph 7#b7 of section #bbjedb7;a72 7,b7 to file1 cause to be filed1 testify1 participate in1 or otherwise assist in a proceeding filed or about to be filed 7or be perceived as filing1 causing to be filed1 testifying1 participating in1 or otherwise assisting in such an investigation7 relating to abuse1 including-- 7i7 emotional1 physical1 or sexual abuse2 7ii7 sexual harassment2 and 7iii7 a violation of anti-abuse policies and procedures established pursuant to paragraph 7#c7 of section #bbjeda7;a7 and paragraph 7#b7 of section #bbjedb7;a72 7,c7 in communication with ,congress2 or 7,d7 in the case of an amateur athlete1 in communication with the ,office of the ,athlete ,ombudsman4 7#ab7 protected individual means any-- 7,a7 amateur athlete1 coach1 medical professional1 or trainer associated with the corporation or a national governing body2 or 7,b7 any official or employee of the corporation1 a national governing body1 or a contractor or subcontractor of the corporation or a national governing body4 7#ac7 retaliation means any adverse or discriminatory action1 or the threat of an adverse or discriminatory action1 carried out against a protected individual because of any protected disclosure1 including-- 7,a7 discipline2 7,b7 discrimination regarding pay1 terms1 or privileges2 7,c7 removal from a training facility2 7,d7 reduced coaching or training2 7,e7 reduced meals or housing2 and 7,f7 removal from competition4 4 7b7 ,resolution of disputes ,section #bbjeji of title #cf1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 in the first sentence1 by inserting complaints of retaliation or after relating to2 and 7#b7 by adding at the end the following3 7c7 ,retaliation 7#a7 ,in general ,the corporation1 the national governing bodies1 or any officer1 employee1 contractor1 subcontractor1 or agent of the corporation or a national governing body may not retaliate against any protected individual because of any protected disclosure4 7#b7 ,reporting1 investigation1 and arbitration ,the corporation shall establish mechanisms for the reporting1 investigation1 and resolution 7through binding third-party arbitration7 of complaints of alleged retaliation4 7#c7 ,disciplinary action ,if the corporation finds that an officer or employee of the corporation or a national governing body 7or any contractor1 subcontractor1 or agent of the corporation or a national governing body7 has retaliated against a protected individual1 the corporation or national governing body1 as applicable1 shall take appropriate disciplinary action with respect to any such individual found to have retaliated against the protected individual4 7#d7 ,remedies 7,a7 ,in general ,if the corporation finds that an officer or employee of the corporation or a national governing body 7or any contractor1 subcontractor1 or agent of the corporation or a national governing body7 has retaliated against a protected individual1 the corporation or national governing body1 as applicable1 shall promptly-- 7i7 take affirmative action to abate the violation2 7ii7 reinstate the complainant to the former position with the same pay and terms and privileges2 and 7iii7 pay compensatory damages1 including economic damages 7including backpay with interest7 and any special damages sustained as a result of the retaliation1 including damages for pain and suffering1 reasonable attorney fees1 and costs4 7,b7 ,reimbursement from national governing body ,in the case of a national governing body found to have retaliated against a protected individual1 the corporation may demand reimbursement from the national governing body for damages paid by the corporation under subparagraph 7,a74 7#e7 ,enforcement action and procedures 7,a7 ,in general ,if the corporation has not issued a final decision within #ahj days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the complainant1 the complainant may bring an action at law or equity for de novo review in the appropriate district court of the ,united ,states1 which shall have jurisdiction over such an action without regard to the amount in controversy4 7,b7 ,jury trial ,a party to an action brought under paragraph 7,a7 shall be entitled to trial by jury4 7,c7 ,relief ,the court shall have jurisdiction to grant all relief under paragraph 7#d74 7#f7 ,statute of limitations ,an action under paragraph 7#b7 shall be commenced not later than #b years after the date on which the violation occurs1 or after the date on which the protected individual became aware of the violation4 7#g7 ,burdens of proof ,an action under paragraph 7#b7 or 7#e7 shall be governed as follows3 7,a7 ,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 complaint4 7,b7 ,criteria for determination by the arbitration ,the arbitration may determine that a violation of paragraph 7#a7 has occurred only if the complainant demonstrates that the retaliation was a contributing factor in the action alleged in the complaint4 7,c7 ,prohibition ,relief may not be ordered under paragraph 7#d7 if the corporation or national governing body1 as applicable1 demonstrates by clear and convincing evidence that the corporation or national governing body would have taken the same action in the absence of that behavior4 7#h7 ,review ,any person adversely affected or aggrieved by an order issued under paragraph 7#d7 may obtain review of the order in the ,united ,states ,court of ,appeals for the circuit in which the violation1 with respect to which the order was issued1 allegedly occurred or the circuit in which the complainant resided on the date of such violation4 ,the petition for review shall be filed not later than #fj days after the date of the issuance of the arbitration decision of the corporation4 ,review shall conform to chapter #g of title #e1 ,united ,states ,code4 ,the commencement of proceedings under this paragraph shall not1 unless ordered by the court1 operate as a stay of the order4 7#i7 ,rights retained ,nothing in this subsection shall be deemed to diminish the rights1 privileges1 or remedies of any employee or other individual under any ,federal or ,state law1 or under any collective bargaining agreement4 7#aj7 ,nonenforceability of certain provisions waiving rights and remedies ,the rights and remedies provided for in this subsection may not be waived by any agreement1 policy form1 or condition of employment or association with the corporation or a national governing body4 4 7c7 ,eligibility requirements for national governing bodies ,section #bbjebb of title #cf1 ,united ,states ,code1 as amended by section #f7;b71 is further amended-- 7#a7 in clause 7ii7 of paragraph 7#ag77;,c71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#ah71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#ai7 provides protection from retaliation to protected individuals4 4 #ab4 ,severability ,if any provision of this ,act1 or an amendment made by this ,act1 is determined to be unenforceable or invalid1 the remaining provisions of this ,act and the amendments made by this ,act shall not be affected4 ,july #bi1 #bjbj,reported with an amendment