,,ii #aafth ,,congress #ast ,session ,s4 #bhch ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ab1 #bjai,mr4 ,grassley 7for himself1 ,ms4 ,ernst1 ,mrs4 ,blackburn1 ,mr4 ,sullivan1 ,ms4 ,murkowski1 and ,mr4 ,perdue7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend the ,ted ,stevens ,olympic and ,amateur ,sports ,act to improve the transparency of the ,united ,states ,center for ,safe ,sport1 to provide grant accountability1 and to protect victims of abuse from retaliation1 and for other purposes4 #a4 ,improving transparency of the ,united ,states ,center for ,safe ,sport 7a7 ,funding accountability ,section #bbjeda of title #cf1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 ,funding accountability 7#a7 ,in general ,amounts transferred to the ,center by the corporation or a national governing body shall be used primarily for the investigation and resolution of allegations of sexual misconduct1 or other misconduct1 made by amateur athletes affiliated with the corporation1 a national governing body1 or a paralympic sports organization1 in accordance with section #bbjejc7ae74 7#b7 ,use of funds 7,a7 ,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-- 7i7 not less than #ej percent shall be used for processing the investigation and resolution of allegations described in paragraph 7#a72 7ii7 not more than #aj percent may be used for executive compensation of officers and directors of the ,center2 and 7iii7 not more than #bj percent may be used for administrative expenses of the ,center1 except that the reasonable travel expenses of investigative personnel of the ,center and litigation expenses of the ,center shall not be counted toward such amount4 7,b7 ,reserve funds 7i7 ,in general ,if1 after the ,center uses the amounts as allocated under subparagraph 7,a71 the ,center does not use the entirety of the remaining amounts for the purpose described in paragraph 7#a71 the ,center may retain not more than #be percent of such amounts as reserve funds4 7ii7 ,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 clause 7i74 7,c7 ,lobbying and fundraising ,amounts made available to the ,center under this paragraph may not be used for lobbying or fundraising expenses4 7#c7 ,conferences and training ,the ,center shall1 to the maximum extent practicable1 seek reimbursement for the reasonable expenses associated with hosting or supporting conferences for1 and providing training or technical assistance to1 individuals who are not employees of the ,center4 4 7b7 ,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 and 7ii7 the ,internal ,revenue ,service ,form #iij of the ,center for each year filed under section #eja7;c7 of the ,internal ,revenue ,code of #aihf4 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 ,petitions for equitable relief ,the ,attorney ,general may petition in the ,united ,states ,district ,court for the ,district of ,columbia for removal of officers and directors of the ,center1 as may be necessary or appropriate1 if the ,center-- 7#a7 engages in1 or threatens to engage in1 any act1 practice1 or policy that is materially inconsistent with the purpose described in section #bbjejc7ae72 or 7#b7 refuses1 fails1 or neglects to discharge1 or threatens to refuse1 fail1 or neglect to discharge1 the obligations of the ,center to protect the safety of amateur athletes under this chapter4 7d7 ,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 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#g7 a description of the activities of the ,center4 7e7 ,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 control 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 #b4 ,grant accountability ,section #bbjeca of title #cf1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 ,grant accountability 7#a7 ,limitations on funding ,the ,attorney ,general may not award a grant under this section to an entity that holds amounts in an offshore account for the purpose of avoiding payment of the tax described in section #eaa7;a7 of the ,internal ,revenue ,code of #aihf4 7#b7 ,transparency 7,a7 ,in general ,as a condition of receiving funds under this section1 an entity shall include in an application for a grant-- 7i7 a description of the process by which the entity determines the compensation of the officers1 directors1 trustees1 and key employees of the entity1 including any independent individual involved in reviewing and approving such compensation2 7ii7 the comparability data used in such process2 and 7iii7 contemporaneous substantiation of the deliberation and decision with respect to such compensation4 7,b7 ,public availability ,on request1 the ,attorney ,general shall make the information disclosed under subparagraph 7,a7 available for public inspection4 7#c7 ,limitations on conference expenditures 7,a7 ,in general ,except as provided in subparagraph 7,b71 not more than #ej1jjj of grant funds provided to an entity under this section may be used to host or support a conference4 7,b7 ,exception ,an entity may use more than #ej1jjj of grant funds provided under this section to host or support a conference if the ,director of the ,office of ,justice ,programs-- 7i7 authorizes such additional expense in writing2 and 7ii7 provides a written cost estimate for the conference1 including the cost of food1 beverages1 audio-visual equipment1 honoraria for speakers1 and entertainment4 7#d7 ,avoidance of duplicative ,federal grants 7,a7 ,in general ,the ,attorney ,general shall assess whether a potential grant award to an entity under this section would result in an overlap or a duplication of ,federal grant awards4 7,b7 ,report ,if the ,attorney ,general awards a grant under this section to an entity in a fiscal year for which the entity receives any other ,federal grant for a substantially similar purpose1 the ,attorney ,general shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report that includes-- 7i7 a description of each grant awarded to the entity in such fiscal year that results in an overlap or a duplication in ,federal grant awards1 including the total amount of each such grant award2 and 7ii7 a justification for awarding an overlapping or a duplicative grant4 4 #c4 ,protecting abuse victims from retaliation 7a7 ,definitions ,section #bbjeja7;b7 of title #cf1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#g7 through 7#i7 and 7#aj7 as paragraphs 7#h7 through 7#aj7 and 7#ac71 respectively2 7#b7 by inserting after paragraph 7#f7 the following3 7#g7 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 corporation1 a national governing body1 or a paralympic sports organization2 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 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 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 ,ombudsman2 7#ab7 protected individual means any-- 7,a7 amateur athlete1 coach1 medical professional1 or trainer associated with the corporation1 a national governing body1 or a paralympic sports organization2 or 7,b7 any official or employee of the corporation1 a national governing body1 a paralympic sports organization1 or a grantee1 contractor1 or subcontractor of the corporation1 a national governing body1 or a paralympic sports organization 2 and 7#d7 by inserting after paragraph 7#ac71 as so redesignated1 the following3 7#ad7 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 a national governing body1 a paralympic sports organization1 or any officer1 employee1 grantee1 contractor1 subcontractor1 or agent of the corporation1 a national governing body1 or a paralympic sports organization1 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 corporation1 a national governing body1 or a paralympic sports organizations 7or any grantee1 contractor1 subcontractor1 or agent of the corporation1 a national governing body1 or a paralympic sports organization7 has retaliated against a protected individual1 the corporation1 national governing body1 or paralympic sports organization1 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 corporation1 a national governing body1 or a paralympic sports organization 7or a grantee1 contractor1 subcontractor1 or agent of the corporation1 a national governing body1 or paralympic sports organization7 has retaliated against a protected individual1 the corporation1 national governing body1 or paralympic sports organization1 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 or a paralympic sports organization found to have retaliated against a protected individual1 the corporation may demand reimbursement from the national governing body or paralympic sports organization 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 unfavorable personnel 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 unfavorable personnel action alleged in the complaint4 7,c7 ,prohibition ,relief may not be ordered under paragraph 7#d7 if the corporation1 national governing body1 or paralympic sports organization1 as applicable1 demonstrates by clear and convincing evidence that the corporation1 national governing body1 or paralympic sports organization would have taken the same unfavorable personnel action in the absence of that behavior4 7#h7 ,review ,any person adversely affected or aggrieved by an order issued under paragraph 7#d7 or 7#e7 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 corporation1 a national governing body1 or a paralympic sports organization4 7#aa7 ,rule of construction ,nothing in this subsection shall be construed to mean that the funds transferred by the national governing bodies and paralympic sports organizations to the corporation and the ,center qualify as a grant4 4 7c7 ,eligibility requirements for national governing bodies ,section #bbjebb of title #cf1 ,united ,states ,code1 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 provides protection from retaliation to protected individuals4 4