United States 116th Congress ✓ Enacted · P.L. 116-189 1 R cosponsors

S 2330 — Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020

Last action — Became Public Law No: 116-189.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced July 30, 2019. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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Prognosis

Advancing 52% · moderate confidence
  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

782 added · 746 removed

Plain-language change summary

The changes to S 2330 involve the replacement of the term "United States Center for Safe Sport" with "United States Olympic and Paralympic Committee." Additionally, some paragraphs have been renumbered for clarity. These modifications clarify the specific organization referenced and may affect how communication and reporting processes are structured regarding abuse in the Olympic and Paralympic movements.

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[Congressional Bills 116th Congress] [From the U.S.
[116th Congress Public Law 189] [From the U.S.
Government Publishing Office] [S.
Government Publishing Office] [[Page 134 STAT.
2330 Engrossed in Senate (ES)] <DOC> 116th CONGRESS 2d Session S.
943]] Public Law 116-189 116th Congress An Act To amend the Ted Stevens Olympic and Amateur Sports Act to provide for congressional oversight of the board of directors of the United States Olympic and Paralympic Committee and to protect amateur athletes from emotional, physical, and sexual abuse, and for other purposes.
2330 _______________________________________________________________________ AN ACT To amend the Ted Stevens Olympic and Amateur Sports Act to provide for congressional oversight of the board of directors of the United States Olympic and Paralympic Committee and to protect amateur athletes from emotional, physical, and sexual abuse, and for other purposes.
<<NOTE:
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
Oct.
30, 2020 - [S.
2330]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE:
Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020.
36 USC 101 note.>> SECTION 1.
FINDINGS.
<<NOTE:
36 USC 220501 note.>> FINDINGS.
SEC.
[[Page 134 STAT.
944]] SEC.
(a) In General.--Chapter 2205 of title 36, United States Code, is amended-- (1) in the chapter heading, by striking ``UNITED STATES OLYMPIC COMMITTEE'' and inserting ``UNITED STATES OLYMPIC AND PARALYMPIC COMMITTEE'';
(a) In General.--Chapter 2205 of title 36, <<NOTE:
36 USC prec.>> United States Code, is amended-- (1) in the chapter heading, by striking ``UNITED STATES OLYMPIC COMMITTEE'' and inserting ``UNITED STATES OLYMPIC AND PARALYMPIC COMMITTEE'';
``(c) References to United States Olympic Association and United States Olympic Committee.--Any reference to the United States Olympic Association or the United States Olympic Committee is deemed to refer to the United States Olympic and Paralympic Committee.'';
[[Page 134 STAT.
945]] ``(c) References to United States Olympic Association and United States Olympic Committee.--Any reference to the United States Olympic Association or the United States Olympic Committee is deemed to refer to the United States Olympic and Paralympic Committee.'';
and (B) in paragraph (4), by striking ``and Pan- American Games'' and inserting ``the Pan-American Games, and the Parapan American Games'';
and (B) in paragraph (4), by striking ``and Pan-American Games'' and inserting ``the Pan-American Games, and the Parapan American Games'';
and (iii) in paragraph (4), by inserting ```Parapan American','' after ```Pan- American','';
and (iii) in paragraph (4), by inserting `` `Parapan American','' after `` `Pan-American','';
(9) in section 220523(a), by striking ``and the Pan- American Games'' each place it appears and inserting ``the Pan- American Games, and the Parapan American Games'';
(9) in section 220523(a), by striking ``and the Pan-American Games'' each place it appears and inserting ``the Pan-American Games, and the Parapan American Games'';
(10) in section 220528(c)-- (A) in subparagraph (A), by striking ``or in both the Olympic and Pan-American Games'' and inserting ``or in each of the Olympic Games, the Paralympic Games, the Pan-American Games, and the Parapan American Games'';
(10) in section 220528(c)-- (A) in subparagraph (A), by striking ``or in both the Olympic and Pan-American Games'' and inserting ``or in each of the Olympic Games, the Paralympic Games, the [[Page 134 STAT.
946]] Pan-American Games, and the Parapan American Games'';
(b) Conforming Amendment.--The table of chapters for part B of subtitle II of title 36, United States Code, is amended by striking the item relating to chapter 2205 and inserting the following:
(b) Conforming Amendment.--The table of chapters for part B of subtitle II of title 36, United States Code, <<NOTE:
36 USC 101 prec.>> is amended by striking the item relating to chapter 2205 and inserting the following:
United States Olympic and Paralympic 220501''.
United States Olympic and Paralympic Committee......................................................220501''.
Committee.
(a) In General.--Chapter 2205 of title 36, United States Code, is amended-- (1) by redesignating the second subchapter designated as subchapter III (relating to the United States Center for SafeSport), as added by section 202 of the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of (Public Law 115-126;
(a) In General.--Chapter 2205 of title 36, United States Code, is amended-- (1) by redesignating the second subchapter designated as subchapter III <<NOTE:
36 USC 220541 prec.>> (relating to the United States Center for SafeSport), as added by section 202 of the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 (Public Law 115-126;
``SUBCHAPTER V--DISSOLUTION OF BOARD OF DIRECTORS OF CORPORATION AND TERMINATION OF RECOGNITION OF NATIONAL GOVERNING BODIES ``Sec.
``SUBCHAPTER V <<NOTE:
220551.
36 USC 220551 prec.>> --DISSOLUTION OF BOARD OF DIRECTORS OF CORPORATION AND TERMINATION OF RECOGNITION OF NATIONAL GOVERNING BODIES ``Sec.
<<NOTE:
36 USC 220551.>> 220551.
`That Congress finds that dissolving the board of directors of the United States Olympic and Paralympic Committee would not unduly interfere with the operations of chapter 2205 of title 36, United States Code';
`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 of title 36, United States Code';
or ``(B)(i) the title is only as follows:
or [[Page 134 STAT.
947]] ``(B)(i) the title is only as follows:
`That Congress determines that _________, which is recognized as a national governing body under section 220521 of title 36, United States Code, has failed to fulfill its duties, as described in section 220524 of title 36, United States Code', the blank space being filled in with the name of the applicable national governing body.
`That Congress determines that _________, which is recognized as a national governing body under section 220521 of title 36, United States Code, has failed to fulfill its duties, as described in section of title 36, United States Code', the blank space being filled in with the name of the applicable national governing body.
Dissolution of board of directors of corporation and termination of recognition of national governing bodies ``(a) Dissolution of Board of Directors of Corporation.--Effective on the date of enactment of a joint resolution described in section 220551(2)(A) with respect to the board of directors of the corporation, such board of directors shall be dissolved.
<<NOTE:
Effective dates.
36 USC 220552.>> Dissolution of board of directors of corporation and termination of recognition of national governing bodies ``(a) Dissolution of Board of Directors of Corporation.--Effective on the date of enactment of a joint resolution described in section 220551(2)(A) with respect to the board of directors of the corporation, such board of directors shall be dissolved.
(b) Technical and Conforming Amendments.--The table of sections for chapter 2205 of title 36, United States Code, is amended-- (1) by striking the second item relating to subchapter III (relating to the United States Center for SafeSport), as added by section 202 of the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 (Public Law 115- 126;
(b) Technical and Conforming Amendments.--The table of sections for chapter 2205 of title 36, United States Code, <<NOTE:
Show all 252 changed rows (212 more)
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132 Stat.
36 USC prec.>> is amended-- (1) by striking the second item relating to subchapter III (relating to the United States Center for SafeSport), as added by section 202 of the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 (Public Law 115-126;
Stat.
(c) Effective Date.--The amendments made by this section shall take effect on the date that is 1 year after the date of the enactment of this Act.
(c) <<NOTE:
36 USC 220551 note.>> Effective Date.--The amendments made by this section shall take effect on the date that is 1 year after the date of the enactment of this Act.
``(16) to effectively oversee the national governing bodies with respect to compliance with and implementation of the policies and procedures of the corporation, including policies and procedures on the establishment of a safe environment in sports as described in paragraph (15).''.
[[Page 134 STAT.
948]] ``(16) to effectively oversee the national governing bodies with respect to compliance with and implementation of the policies and procedures of the corporation, including policies and procedures on the establishment of a safe environment in sports as described in paragraph (15).''.
and ``(D) ensure that the membership and voting power held by such amateur athletes is not less than \1/3\ percent of the membership and voting power held in the board of directors of the corporation and in the committees and entities of the corporation, including any panel empowered to resolve grievances;'';
and ``(D) ensure that the membership and voting power held by such amateur athletes is not less than \1/3\ of the membership and voting power held in the board of directors of the corporation and in the committees and entities of the corporation, including any panel empowered to resolve grievances;'';
``(c) Conflict of Interest.--An athlete who represents athletes under subsection (b)(2) shall not be employed by the Center, or serve in a capacity that exercises decision-making authority on behalf of the Center, during the 2-year period beginning on the date on which the athlete ceases such representation.
``(c) <<NOTE:
Time period.>> Conflict of Interest.--An athlete who represents athletes under subsection (b)(2) shall not be employed by the Center, or serve in a capacity that exercises decision-making authority on behalf of the Center, during the 2-year period beginning on the date on which the athlete ceases such representation.
``(d) Duties.-- ``(1) In general.--The duty of the corporation to amateur athletes includes the adoption, effective implementation, and enforcement of policies and procedures designed-- ``(A) to immediately report to law enforcement and the Center any allegation of child abuse of an amateur athlete who is a minor;
``(d) Duties.-- [[Page 134 STAT.
949]] ``(1) In general.--The duty of the corporation to amateur athletes includes the adoption, effective implementation, and enforcement of policies and procedures designed-- ``(A) to immediately report to law enforcement and the Center any allegation of child abuse of an amateur athlete who is a minor;
(2) Conforming amendment.--The table of sections for chapter 2205 of title 36, United States Code, is amended by striking the item relating to section 220505 and inserting the following:
(2) Conforming amendment.--The table of sections for chapter of title 36, United States Code, <<NOTE:
36 USC prec.>> is amended by striking the item relating to section 220505 and inserting the following:
and ``(2) that provides that-- ``(A) if the ethics committee determines that an individual has violated the policies of the corporation-- ``(i) the individual is no longer entitled to bonus or severance pay previously withheld;
and ``(2) that provides that-- ``(A) <<NOTE:
Determination.>> if the ethics committee determines that an individual has violated the policies of the corporation-- [[Page 134 STAT.
950]] ``(i) the individual is no longer entitled to bonus or severance pay previously withheld;
and ``(B) in the case of an individual who is the subject of a criminal investigation, the ethics committee shall investigate the individual.''.
and ``(B) <<NOTE:
(B) Applicability.--The amendment made by subparagraph (A) shall not apply to any term of employment for the disbursement of bonus or severance pay that is in effect as of the day before the date of the enactment of this Act.
Investigation.>> in the case of an individual who is the subject of a criminal investigation, the ethics committee shall investigate the individual.''.
(B) <<NOTE:
36 USC 220507 note.>> Applicability.-- The amendment made by subparagraph (A) shall not apply to any term of employment for the disbursement of bonus or severance pay that is in effect as of the day before the date of the enactment of this Act.
``(2) Duties.--The Office of the Athlete Ombuds shall-- ``(A) provide independent advice to athletes at no cost about the applicable provisions of this chapter and the constitution and bylaws of the corporation, national governing bodies, international sports federations, the International Olympic Committee, the International Paralympic Committee, and the Pan- American Sports Organization, and with respect to the resolution of any dispute involving the opportunity of an amateur athlete to participate in the Olympic Games, the Paralympic Games, the Pan-American Games, the Parapan American Games, world championship competition or other protected competition as defined in the constitution and bylaws of the corporation;
``(2) Duties.--The Office of the Athlete Ombuds shall-- ``(A) provide independent advice to athletes at no cost about the applicable provisions of this chapter and the constitution and bylaws of the corporation, national governing bodies, international sports federations, the International Olympic Committee, the International Paralympic Committee, and the Pan-American Sports Organization, and with respect to the resolution of any dispute involving the opportunity of an amateur athlete to participate in the Olympic Games, the Paralympic Games, the Pan-American Games, the Parapan American Games, world championship competition or other protected competition as defined in the constitution and bylaws of the corporation;
``(iii) The corporation's executive committee shall hire or not hire such person after fully considering the advice and counsel of the Athletes' Advisory Council.
``(iii) The corporation's executive committee shall hire or not hire such person after fully considering [[Page 134 STAT.
951]] the advice and counsel of the Athletes' Advisory Council.
``(E) Development of policy.-- ``(i) In general.--Not later than 180 days after the date of the enactment of the Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020, the Office of the Athlete Ombuds shall develop and publish in the Federal Register a confidentiality and privacy policy consistent with this paragraph.
[[Page 134 STAT.
``(ii) Distribution.--The Office of the Athlete Ombuds shall distribute a copy of the policy developed under clause (i) to-- ``(I) employees of the national governing bodies;
952]] ``(E) Development of policy.-- ``(i) <<NOTE:
Deadline.
Federal Register, publication.>> In general.--Not later than 180 days after the date of the enactment of the Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020, the Office of the Athlete Ombuds shall develop and publish in the Federal Register a confidentiality and privacy policy consistent with this paragraph.
``(ii) <<NOTE:
Records.>> Distribution.--The Office of the Athlete Ombuds shall distribute a copy of the policy developed under clause (i) to-- ``(I) employees of the national governing bodies;
``(iii) Publication by national governing bodies.--Each national governing body shall-- ``(I) publish the policy developed under clause (i) on the internet website of the national governing body;
``(iii) Publication by national governing bodies.--Each national governing body shall-- ``(I) <<NOTE:
Web posting.>> publish the policy developed under clause (i) on the internet website of the national governing body;
(f) Reports and Audits.-- (1) In general.--Section 220511 of title 36, United States Code, is amended to read as follows:
[[Page 134 STAT.
953]] (f) Reports and Audits.-- (1) In general.--Section 220511 of title 36, United States Code, is amended to read as follows:
``(B) Data concerning the participation of women, disabled individuals, and racial and ethnic minorities in the amateur athletic activities and administration of the corporation and national governing bodies.
``(B) <<NOTE:
Data.>> Data concerning the participation of women, disabled individuals, and racial and ethnic minorities in the amateur athletic activities and administration of the corporation and national governing bodies.
and ``(ii) assesses the compliance of each member of the corporation and provides a plan for improvement, as necessary.
and ``(ii) <<NOTE:
Assessments.
Compliance.
Plan.>> assesses the compliance of each member of the corporation and provides a plan for improvement, as necessary.
``(3) Public availability.--The corporation shall make each report under this subsection available to the public on an easily accessible internet website of the corporation.
``(3) <<NOTE:
``(b) Audit.-- ``(1) In general.--Not less frequently than annually, the financial statements of the corporation for the preceding fiscal year shall be audited in accordance with generally accepted auditing standards by-- ``(A) an independent certified public accountant;
Web posting.>> Public availability.--The corporation shall make each report under this subsection available to the public on an easily accessible internet website of the corporation.
``(b) Audit.-- ``(1) <<NOTE:
Deadline.>> In general.--Not less frequently than annually, the financial statements of the corporation for the preceding fiscal year shall be audited in accordance with generally accepted auditing standards by-- ``(A) an independent certified public accountant;
``(2) Location.--An audit under paragraph (1) shall be conducted at the location at which the financial statements of the corporation normally are kept.
[[Page 134 STAT.
954]] ``(2) Location.--An audit under paragraph (1) shall be conducted at the location at which the financial statements of the corporation normally are kept.
``(ii) An analysis of the changes in the amounts of such assets, liabilities, and surplus or deficit.
``(ii) <<NOTE:
Analysis.>> An analysis of the changes in the amounts of such assets, liabilities, and surplus or deficit.
``(viii) Recommendations relating to the financial operations and condition of the corporation.
``(viii) <<NOTE:
Recommenda- tions.>> Recommendations relating to the financial operations and condition of the corporation.
``(C) Public availability.-- ``(i) In general.--The corporation shall make each report under this paragraph available to the public on an easily accessible internet website of the corporation.
``(C) Public availability.-- ``(i) <<NOTE:
``(ii) Personally identifiable information.--A report made available under clause (i) shall not include the personally identifiable information of any individual.''.
Web posting.>> In general.--The corporation shall make each report under this paragraph available to the public on an easily accessible internet website of the corporation.
(2) Conforming amendment.--The table of sections for chapter 2205 of title 36, United States Code, is amended by striking the item relating to section 220511 and inserting the following:
[[Page 134 STAT.
955]] ``(ii) Personally identifiable information.--A report made available under clause (i) shall not include the personally identifiable information of any individual.''.
(2) Conforming amendment.--The table of sections for chapter of title 36, United States Code, <<NOTE:
36 USC prec.>> is amended by striking the item relating to section 220511 and inserting the following:
Annual amateur athlete survey ``(a) In General.--Not less frequently than annually, the corporation shall cause an independent third-party organization, under contract, to conduct an anonymous survey of amateur athletes who are actively engaged in amateur athletic competition with respect to-- ``(1) their satisfaction with the corporation and the applicable national governing body;
<<NOTE:
36 USC 220513.>> Annual amateur athlete survey ``(a) In General.--Not less frequently than annually, the corporation shall cause an independent third-party organization, under contract, to conduct an anonymous survey of amateur athletes who are actively engaged in amateur athletic competition with respect to-- ``(1) their satisfaction with the corporation and the applicable national governing body;
``(c) Prohibition on Interference.--If the corporation or a national governing body makes any effort to undermine the independence of, introduce bias into, or otherwise influence a survey under subsection (a), such activity shall be reported immediately to Congress.
``(c) <<NOTE:
``(d) Public Availability.-- The corporation shall make the results of each such survey available to the public on an internet website of the corporation.''.
Reports.>> Prohibition on Interference.--If the corporation or a national governing body makes any effort to undermine the independence of, introduce bias into, or otherwise influence a survey under subsection (a), such activity shall be reported immediately to Congress.
(2) Conforming amendment.--The table of sections for chapter 2205 of title 36, United States Code, is amended by inserting after the item relating to 220512 the following:
``(d) <<NOTE:
Web posting.>> Public Availability.-- The corporation shall make the results of each such survey available to the public on an internet website of the corporation.''.
(2) Conforming amendment.--The table of sections for chapter of title 36, United States Code, <<NOTE:
36 USC prec.>> is amended by inserting after the item relating to 220512 the following:
``(a) In General.--With respect to each sport included on the program of the Olympic Games, the Paralympic Games, the Pan-American Games, or the Parapan American Games, the corporation-- ``(1) may certify as a national governing body an amateur sports organization, a high-performance management organization, or a paralympic sports organization that files an application and is eligible for such certification under section 220522;
``(a) In General.--With respect to each sport included on the program of the Olympic Games, the Paralympic Games, the Pan-American Games, or the Parapan American Games, the corporation-- [[Page 134 STAT.
956]] ``(1) may certify as a national governing body an amateur sports organization, a high-performance management organization, or a paralympic sports organization that files an application and is eligible for such certification under section 220522;
``(d) Review of Certification.--Not later than 8 years after the date of the enactment of the Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020, and not less frequently than once every 4 years thereafter, the corporation-- ``(1) shall review all matters related to the continued certification of an organization as a national governing body;
``(d) <<NOTE:
Deadlines.>> Review of Certification.--Not later than years after the date of the enactment of the Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020, and not less frequently than once every 4 years thereafter, the corporation-- ``(1) shall review all matters related to the continued certification of an organization as a national governing body;
``(3) shall submit to Congress a summary report of each review under paragraph (1);
``(3) <<NOTE:
and ``(4) shall make each such summary report available to the public.''.
Reports.>> shall submit to Congress a summary report of each review under paragraph (1);
and ``(4) <<NOTE:
Public information.>> shall make each such summary report available to the public.''.
(dd) in paragraph (11)-- (AA) in the matter preceding subparagraph (A), by inserting ``, high-performance management organization, or paralympic sports organization'' after ``amateur sports organization'';
(dd) in paragraph (11)-- (AA) in the matter preceding subparagraph (A), by inserting ``, high- performance management organization, or paralympic sports organization'' after ``amateur sports organization'';
and (BB) in subparagraph (B), by striking ``amateur sports'' and inserting ``applicable'';
and [[Page 134 STAT.
(ee) in paragraph (14), by striking ``or the Pan-American Games'' and inserting ``the Pan-American Games, or the Parapan American Games'';
957]] (BB) in subparagraph (B), by striking ``amateur sports'' and inserting ``applicable'';
and (ff) by striking the subsection designation and heading and all that follows through ``An amateur sports organization'' and inserting ``An amateur sports organization, a high- performance management organization, or a paralympic sports organization'';
(ee) in paragraph (14), by striking ``or the Pan-American Games'' and inserting ``the Pan- American Games, or the Parapan American Games'';
and (ff) by striking the subsection designation and heading and all that follows through ``An amateur sports organization'' and inserting ``An amateur sports organization, a high-performance management organization, or a paralympic sports organization'';
(B) The table of sections for chapter 2205 of title 36, United States Code, is amended by striking the item relating to section 220521 and inserting the following:
(B) The table of sections for chapter 2205 of title 36, United States Code, <<NOTE:
36 USC 220501 prec.>> is amended by striking the item relating to section and inserting the following:
(b) Eligibility Requirements With Respect to Governing Boards.-- Section 220522 of title 36, United States Code, as amended by subsection (a)(2), is further amended-- (1) in paragraph (2), by inserting ``, including the ability to provide and enforce required athlete protection policies and procedures'' before the semicolon;
[[Page 134 STAT.
958]] (b) Eligibility Requirements With Respect to Governing Boards.-- Section 220522 of title 36, United States Code, as amended by subsection (a)(2), is further amended-- (1) in paragraph (2), by inserting ``, including the ability to provide and enforce required athlete protection policies and procedures'' before the semicolon;
``(10) ensures that the selection criteria for individuals and teams that represent the United States are-- ``(A) fair, as determined by the corporation in consultation with the national governing bodies, the Athletes' Advisory Council, and the United States Olympians and Paralympians Association;
``(10) <<NOTE:
Criteria.>> ensures that the selection criteria for individuals and teams that represent the United States are-- ``(A) <<NOTE:
Determination.
Consultation.>> fair, as determined by the corporation in consultation with the national governing bodies, the Athletes' Advisory Council, and the United States Olympians and Paralympians Association;
``(13) demonstrates, based on guidelines approved by the corporation, the Athletes' Advisory Council, and the National Governing Bodies' Council, that-- ``(A) its board of directors and other such governing boards have established criteria and election procedures for, and maintain among their voting members, individuals who-- ``(i) are elected by amateur athletes;
``(13) <<NOTE:
Guidelines.>> demonstrates, based on guidelines approved by the corporation, the Athletes' Advisory Council, and the National Governing Bodies' Council, that-- ``(A) <<NOTE:
Criteria.
Procedures.>> its board of directors and other such governing boards have established criteria and election procedures for, and maintain among their voting members, individuals who-- ``(i) are elected by amateur athletes;
(7) in paragraph (15), as so redesignated, by striking ``;
[[Page 134 STAT.
959]] (7) in paragraph (15), as so redesignated, by striking ``;
and ``(14) have in place policies and procedures to report immediately any allegation of child abuse of an amateur athlete, consistent with-- ``(A) the policies and procedures developed under subparagraph (C) of section 220541(a)(1);
and [[Page 134 STAT.
960]] ``(14) have in place policies and procedures to report immediately any allegation of child abuse of an amateur athlete, consistent with-- ``(A) the policies and procedures developed under subparagraph (C) of section 220541(a)(1);
``(C) maintain an office for education and outreach that shall develop training, oversight practices, policies, and procedures to prevent the abuse, including emotional, physical, and sexual abuse, of amateur athletes participating in amateur athletic activities through national governing bodies;
``(C) maintain an office for education and outreach that shall develop training, oversight practices, policies, and procedures to prevent the abuse, including emotional, [[Page 134 STAT.
961]] physical, and sexual abuse, of amateur athletes participating in amateur athletic activities through national governing bodies;
``(G) publish and maintain a publicly accessible internet website that contains a comprehensive list of adults who are barred by the Center;
``(G) <<NOTE:
and ``(H) ensure that any action taken by the Center against an individual under the jurisdiction of the Center, including an investigation, the imposition of sanctions, and any other disciplinary action, is carried out in a manner than provides procedural due process to the individual, including, at a minimum-- ``(i) the provision of written notice of the allegations against the individual;
Public information.
Website.
List.>> publish and maintain a publicly accessible internet website that contains a comprehensive list of adults who are barred by the Center;
and ``(H) ensure that any action taken by the Center against an individual under the jurisdiction of the Center, including an investigation, the imposition of sanctions, and any other disciplinary action, is carried out in a manner that provides procedural due process to the individual, including, at a minimum-- ``(i) <<NOTE:
Notice.>> the provision of written notice of the allegations against the individual;
(ii) by redesignating paragraph (3) as paragraph (4);
[[Page 134 STAT.
962]] (ii) by redesignating paragraph (3) as paragraph (4);
and ``(2) not less frequently than every 3 years, update such training materials.
and ``(2) <<NOTE:
``(f) Independence.-- ``(1) Prohibition with respect to former employees and board members.--A former employee or board member of the corporation or a national governing body shall not work or volunteer at the Center during the 2-year period beginning on the date on which the former employee or board member ceases employment with the corporation or national governing body.
Deadlines.
Updates.>> not less frequently than every 3 years, update such training materials.
``(f) Independence.-- ``(1) <<NOTE:
Time period.>> Prohibition with respect to former employees and board members.--A former employee or board member of the corporation or a national governing body shall not work or volunteer at the Center during the 2-year period beginning on the date on which the former employee or board member ceases employment with the corporation or national governing body.
``(B) Ineligibility for employment.--An athlete who has served on the board of directors of a national governing body shall not be eligible for employment at the Center during the 2-year period beginning on the date on which the athlete ceases to serve on such board of directors.
``(B) <<NOTE:
Time period.>> Ineligibility for employment.--An athlete who has served on the board of directors of a national governing body shall not be eligible for employment at the Center during the 2-year period beginning on the date on which the athlete ceases to serve on such board of directors.
``(B) Report.--In the case of an attempt to interfere in, or influence the outcome of, an investigation, not later than 72 hours after such attempt, the Center shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the attempt.
``(B) Report.--In the case of an attempt to interfere in, or influence the outcome of, an investigation, not later than 72 hours after such attempt, the Center shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and [[Page 134 STAT.
``(C) Work product.-- ``(i) In general.--Any decision, report, memorandum, work product, notes, or case file of the Center-- ``(I) shall be confidential;
963]] Commerce and the Committee on the Judiciary of the House of Representatives a report describing the attempt.
``(C) Work product.-- ``(i) In general.--Any decision, report, memorandum, work product, notes, or case file of the Center-- ``(I) <<NOTE:
Confidentiality.>> shall be confidential;
``(g) Funding.-- ``(1) Mandatory payments.-- ``(A) Fiscal year 2020.--Not later than 30 days after the date of the enactment of this subsection, the corporation shall make a mandatory payment of $20,000,000 to the Center for operating costs of the Center for fiscal year 2020.
``(g) Funding.-- ``(1) <<NOTE:
``(B) Subsequent fiscal years.--Beginning on January 1, 2020, the corporation shall make a mandatory payment of $20,000,000 to the Center on January 1 each year for operating costs of the Center.
Time periods.>> Mandatory payments.-- ``(A) <<NOTE:
Effective date.>> Fiscal year 2021.-- On January 4, 2021, the corporation shall make a mandatory payment of $20,000,000 to the Center for operating costs of the Center for fiscal year 2021.
``(B) <<NOTE:
Deadline.>> Subsequent fiscal years.--For fiscal year 2022 and each fiscal year thereafter, the corporation shall make a mandatory payment of $20,000,000 to the Center not later than the close of business on the first regular business day in January.
and ``(II) not more than 10 percent may be used for executive compensation of officers and directors of the Center.
and [[Page 134 STAT.
964]] ``(II) not more than 10 percent may be used for executive compensation of officers and directors of the Center.
``(h) Compliance Audits.-- ``(1) In general.--Not less frequently than annually, the Center shall carry out an audit of the corporation and each national governing body-- ``(A) to assess compliance with policies and procedures developed under this subchapter;
``(h) Compliance Audits.-- ``(1) <<NOTE:
Deadlines.>> In general.--Not less frequently than annually, the Center shall carry out an audit of the corporation and each national governing body-- ``(A) <<NOTE:
Assessment.>> to assess compliance with policies and procedures developed under this subchapter;
and ``(II) report the status of enforcement with respect to a national governing body within a reasonable timeframe.
and ``(II) <<NOTE:
Reports.>> report the status of enforcement with respect to a national governing body within a reasonable timeframe.
``(iii) Effect of noncompliance.--If the corporation fails to enforce a corrective measure within 72 hours of a request under clause (i), the Center may submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the noncompliance.
``(iii) <<NOTE:
Time period.
Reports.>> Effect of noncompliance.--If the corporation fails to enforce a corrective measure within 72 [[Page 134 STAT.
965]] hours of a request under clause (i), the Center may submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce and the Committee on the Judiciary of the House of Representatives a report describing the noncompliance.
``(j) Certifications of Independence.-- ``(1) In general.--Not later than 180 days after the end of a fiscal year, the Comptroller General of the United States shall make available to the public a certification relating to the Center's independence from the corporation.
``(j) Certifications of Independence.-- ``(1) <<NOTE:
Deadline.
Public information.>> In general.-- Not later than 180 days after the end of a fiscal year, the Comptroller General of the United States shall make available to the public a certification relating to the Center's independence from the corporation.
``(C) A finding of whether the corporation has interfered in, or attempted to influence the outcome of, an investigation by the Center.
[[Page 134 STAT.
``(D) Any recommendations of the Comptroller General for resolving any potential risks to the Center's independence from the corporation.
966]] ``(C) A finding of whether the corporation has interfered in, or attempted to influence the outcome of, an investigation by the Center.
``(D) <<NOTE:
Recommenda- tions.>> Any recommendations of the Comptroller General for resolving any potential risks to the Center's independence from the corporation.
(2) Technical and conforming amendments.-- (A) Subchapter IV of chapter 2205 of title 36, United States Code, as redesignated by section 5(a)(1), is amended in the subchapter heading by striking ``SAFE SPORT'' and inserting ``SAFESPORT''.
(2) Technical and conforming amendments.-- (A) Subchapter IV of chapter 2205 of title 36, United States Code, as redesignated by section 5(a)(1), <<NOTE:
(B) The table of sections for chapter 2205 of title 36, United States Code, is amended by striking the item relating to section 220541 and inserting the following:
36 USC 220541 prec.>> is amended in the subchapter heading by striking ``SAFE SPORT'' and inserting ``SAFESPORT''.
(B) The table of sections for chapter 2205 of title 36, United States Code, <<NOTE:
36 USC 220501 prec.>> is amended by striking the item relating to section and inserting the following:
``(i) law enforcement consistent with section 226 of the Victims of Child Abuse Act of 1990 (34 U.S.C.
``(i) law enforcement consistent with section of the Victims of Child Abuse Act of 1990 (34 U.S.C.
(iii) by inserting after subparagraph (A) the following:
[[Page 134 STAT.
``(B) a requirement that the Center shall immediately report to law enforcement consistent with section 226 of the Victims of Child Abuse Act of 1990 (34 U.S.C.
967]] (iii) by inserting after subparagraph (A) the following:
``(B) <<NOTE:
Requirement.>> a requirement that the Center shall immediately report to law enforcement consistent with section 226 of the Victims of Child Abuse Act of 1990 (34 U.S.C.
``(D) a requirement that the Center, including any officer, agent, attorney, or staff member of the Center, shall not take any action to notify an alleged perpetrator of abuse of an amateur athlete of any ongoing investigation or accusation unless-- ``(i) the Center has reason to believe an imminent hazard will result from failing to so notify the alleged perpetrator;
``(D) <<NOTE:
Requirement.>> a requirement that the Center, including any officer, agent, attorney, or staff member of the Center, shall not take any action to notify an alleged perpetrator of abuse of an amateur athlete of any ongoing investigation or accusation unless-- ``(i) the Center has reason to believe an imminent hazard will result from failing to so notify the alleged perpetrator;
or ``(II) declines or fails to act on, or fails to respond to the Center with respect to, the allegation within 72 hours after the time at which the Center reports to law enforcement under subparagraph (B);'';
or ``(II) <<NOTE:
Time period.>> declines or fails to act on, or fails to respond to the Center with respect to, the allegation within 72 hours after the time at which the Center reports to law enforcement under subparagraph (B);'';
``(J) a prohibition on the use in a decision of the Center under section 220541(a)(1)(D) of any evidence relating to other sexual behavior or the sexual predisposition of the alleged victim, or the admission of any such evidence in arbitration, unless the probative value of the use or admission of such evidence, as determined by the Center or the arbitrator, as applicable, substantially outweighs the danger of-- ``(i) any harm to the alleged victim;
``(J) <<NOTE:
Determination.>> a prohibition on the use in a decision of the Center under section 220541(a)(1)(D) of any evidence relating to other sexual behavior or the sexual predisposition of the alleged victim, or the admission of any such evidence in [[Page 134 STAT.
968]] arbitration, unless the probative value of the use or admission of such evidence, as determined by the Center or the arbitrator, as applicable, substantially outweighs the danger of-- ``(i) any harm to the alleged victim;
``(3) Public availability.-- ``(A) In general.--The Center shall make available to the public on an easily accessible internet website of the Center-- ``(i) each audit report under paragraph (1)(C);
``(3) Public availability.-- [[Page 134 STAT.
``(ii) the Internal Revenue Service Form of the Center for each year, filed under section 501(c) of the Internal Revenue Code of 1986;
969]] ``(A) <<NOTE:
Web posting.>> In general.--The Center shall make available to the public on an easily accessible internet website of the Center-- ``(i) each audit report under paragraph (1)(C);
``(ii) the Internal Revenue Service Form 990 of the Center for each year, filed under section 501(c) of the Internal Revenue Code of 1986;
``(c) Report.--The Center shall submit an annual report to Congress, including-- ``(1) a strategic plan with respect to the manner in which the Center shall fulfill its duties under sections 220541 and 220542;
``(c) Report.--The Center shall submit an annual report to Congress, including-- ``(1) <<NOTE:
``(2) a detailed description of the efforts made by the Center to comply with such strategic plan during the preceding year;
Strategic plan.>> a strategic plan with respect to the manner in which the Center shall fulfill its duties under sections 220541 and 220542;
``(2) <<NOTE:
Compliance.>> a detailed description of the efforts made by the Center to comply with such strategic plan during the preceding year;
``(4) an analysis of the changes in the amounts of such assets, liabilities, and surplus or deficit during the preceding year;
``(4) <<NOTE:
Analysis.>> an analysis of the changes in the amounts of such assets, liabilities, and surplus or deficit during the preceding year;
``(d) Definitions.--In this section-- ``(1) `audit report' means a report by an independent auditor that includes-- ``(A) an opinion or a disclaimer of opinion that presents the assessment of the independent auditor with respect to the financial records of the Center, including whether such records are accurate and have been maintained in accordance with generally accepted accounting principles;
``(d) Definitions.--In this section-- ``(1) <<NOTE:
Assessments.>> `audit report' means a report by an independent auditor that includes-- ``(A) an opinion or a disclaimer of opinion that presents the assessment of the independent auditor with respect to the financial records of the Center, including whether [[Page 134 STAT.
970]] such records are accurate and have been maintained in accordance with generally accepted accounting principles;
(b) Composition.-- (1) In general.--The Commission shall be composed of 16 members, of whom-- (A) 4 members shall be appointed by the chairman of the Committee on Commerce, Science, and Transportation of the Senate;
(b) Composition.-- (1) <<NOTE:
(B) 4 members shall be appointed by the ranking member of the Committee on Commerce, Science, and Transportation of the Senate;
Appointments.>> In general.--The Commission shall be composed of 16 members, of whom-- (A) 4 members shall be appointed by the chairman of the Committee on Commerce, Science, and Transportation of the Senate;
[[Page 134 STAT.
971]] (B) 4 members shall be appointed by the ranking member of the Committee on Commerce, Science, and Transportation of the Senate;
(2) Co-chairs.--Of the members of the Commission-- (A) 1 co-chair shall be designated by the chairman of the Committee on Commerce, Science, and Transportation of the Senate;
(2) <<NOTE:
Designations.>> Co-chairs.--Of the members of the Commission-- (A) 1 co-chair shall be designated by the chairman of the Committee on Commerce, Science, and Transportation of the Senate;
(c) Initial Meeting.--Not later than 30 days after the date on which the last member is appointed under paragraph (1), the Commission shall hold an initial meeting.
(c) <<NOTE:
Deadline.>> Initial Meeting.--Not later than 30 days after the date on which the last member is appointed under paragraph (1), the Commission shall hold an initial meeting.
(f) Staff.--The co-chairs of the Commission shall appoint an executive director of the Commission, and such staff as appropriate, with compensation.
(f) Staff.
<<NOTE:
Appointments.>> --The co-chairs of the Commission shall appoint an executive director of the Commission, and such staff as appropriate, with compensation.
(B) Matters studied.--The study under subparagraph (A) shall include-- (i) a review of the most recent reforms undertaken by the United States Olympic and Paralympic Committee;
(B) Matters studied.--The study under subparagraph (A) shall include-- [[Page 134 STAT.
972]] (i) <<NOTE:
Review.>> a review of the most recent reforms undertaken by the United States Olympic and Paralympic Committee;
(iii) an assessment as to whether the board of directors of the United States Olympic and Paralympic Committee includes diverse members, including athletes;
(iii) <<NOTE:
(iv) an assessment of United States athlete participation levels in the Olympic and Paralympic Games;
Assessment.>> an assessment as to whether the board of directors of the United States Olympic and Paralympic Committee includes diverse members, including athletes;
(iv) <<NOTE:
Assessment.>> an assessment of United States athlete participation levels in the Olympic and Paralympic Games;
(vi) an assessment as to whether the United States is achieving the goals for the Olympic and Paralympic Games set by the United States Olympic and Paralympic Committee;
(vi) <<NOTE:
(vii) an analysis of the participation in amateur athletics of-- (I) women;
Assessment.>> an assessment as to whether the United States is achieving the goals for the Olympic and Paralympic Games set by the United States Olympic and Paralympic Committee;
(vii) <<NOTE:
Analysis.>> an analysis of the participation in amateur athletics of-- (I) women;
(ix) an evaluation of the functions of the national governing bodies (as defined in section 220501 of title 36, United States Code) and an analysis of the responsiveness of the national governing bodies to athletes with respect to the duties of the national governing bodies under section 220524(a)(3) of title 36, United States Code;
(ix) <<NOTE:
and (x) an assessment of the finances and the financial organization of the United States Olympic and Paralympic Committee.
Evaluation.
Analysis.>> an evaluation of the functions of the national governing bodies (as defined in section 220501 of title 36, United States Code) and an analysis of the responsiveness of the national governing bodies to athletes with respect to the duties of the national governing bodies under section 220524(a)(3) of title 36, United States Code;
and (x) <<NOTE:
Assessment.>> an assessment of the finances and the financial organization of the United States Olympic and Paralympic Committee.
(B) Public availability.--The report required by subparagraph (A) shall be made available to the public on an internet website of the United States Government that is available to the public.
(B) <<NOTE:
Web posting.>> Public availability.-- The report required by subparagraph (A) shall be made available to the public on an internet website of the United States Government that is available to the public.
(k) Termination of Commission.--The Commission shall terminate 90 days after the date on which the Commission submits the report under subsection (i)(2).
[[Page 134 STAT.
973]] (k) Termination of Commission.--The Commission shall terminate 90 days after the date on which the Commission submits the report under subsection (i)(2).
SEVERABILITY.
<<NOTE:
36 USC 220501 note.>> SEVERABILITY.
Passed the Senate August 4, 2020.
Approved October 30, 2020.
Attest:
LEGISLATIVE HISTORY--S.
Secretary.
2330:
116th CONGRESS 2d Session S.
--------------------------------------------------------------------------- SENATE REPORTS:
2330 _______________________________________________________________________ AN ACT To amend the Ted Stevens Olympic and Amateur Sports Act to provide for congressional oversight of the board of directors of the United States Olympic and Paralympic Committee and to protect amateur athletes from emotional, physical, and sexual abuse, and for other purposes.
No.
116-245 (Comm.
on Commerce, Science, and Transportation).
CONGRESSIONAL RECORD, Vol.
166 (2020):
Aug.
4, considered and passed Senate.
Oct.
1, considered and passed House.
<all>
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Action History

  1. Introduced in Senate

  2. Read twice and referred to the Committee on Commerce, Science, and Transportation.

  3. Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.

  4. Committee on Commerce, Science, and Transportation. Reported by Senator Wicker with an amendment in the nature of a substitute. With written report No. 116-245.

  5. Committee on Commerce, Science, and Transportation. Reported by Senator Wicker with an amendment in the nature of a substitute. With written report No. 116-245.

  6. Placed on Senate Legislative Calendar under General Orders. Calendar No. 503.

  7. Measure laid before Senate by unanimous consent. (consideration: CR S4688-4696)

  8. The committee substitute withdrawn by Unanimous Consent. (CR S4696)

  9. Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.

  10. Passed Senate with an amendment by Unanimous Consent.

  11. Message on Senate action sent to the House.

  12. Received in the House.

  13. Held at the desk.

  14. Ms. Bass moved to suspend the rules and pass the bill.

  15. Considered under suspension of the rules. (consideration: CR H5151-5160)

  16. DEBATE - The House proceeded with forty minutes of debate on S. 2330.

  17. Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.

  18. On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H5151-5159)

  19. Motion to reconsider laid on the table Agreed to without objection.

  20. Presented to President.

  21. Presented to President.

  22. Signed by President.

  23. Signed by President.

  24. Became Public Law No: 116-189.

  25. Became Public Law No: 116-189.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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Frequently asked questions

Who sponsors S 2330?
S 2330 is sponsored by Moran, Jerry (Republican).
What is the current status of S 2330?
This bill has been enacted into law. Introduced July 30, 2019. Enacted.
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