Sec. 5. Modifications to United States Olympic and Paralympic Committee
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Section 220503 of title 36, United States Code, is amended— in paragraph (14), by striking ; and and inserting a semicolon; in paragraph (15), by striking the period at the end and inserting ; and ; and by adding at the end the following: to exercise effective oversight of the national governing bodies with respect to the establishment of a safe environment in sports that is free from abuse, including emotional, physical, and sexual abuse, of any amateur athlete. . Section 220504 of title 36, United States Code, is amended— in subsection (b)(2)— in the matter preceding subparagraph (A), by striking within the preceding 10 years ; in subparagraph (A), by striking ; and and inserting a semicolon; in subparagraph (B)— by striking 20 percent and inserting ; and 1/3 by inserting , including any panel empowered to resolve grievances before the semicolon; by redesignating subparagraph
(B)as subparagraph (D); and by inserting after subparagraph
(A)the following: 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 corporation; require that 1/3 of the membership of the board of directors of the corporation shall be composed of, and elected by, such amateur athletes; and ; and by adding at the end the following: An amateur athlete who represents amateur athletes under subsection (b)(2) shall not be employed by the Center during the 2-year period beginning on the date on which the amateur athlete ceases such representation. . Section 220505 of title 36, United States Code, is amended— in the section heading, by striking and inserting Powers ; and Powers and duty of care by adding at the end the following: The corporation owes to amateur athletes a duty of care— to ensure that each national governing body and paralympic sports organization complies with the oversight practices, policies, and procedures developed under paragraph
(3)of section 220541(a); to immediately report to law enforcement any allegation of child abuse of an amateur athlete who is a minor; 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 athlete, consistent with— the polices and procedures developed under paragraph
(3)of section 220541(a); and the requirement described in paragraph (2)(A) of section 220542(a); and to ensure that each national governing body and paralympic sports organizations enforces temporary measures and sanctions issued pursuant to the authority of the Center. Nothing in this subsection shall be construed to preempt or otherwise abrogate the duty of care of the corporation under State law or the common law. . The table of sections for chapter 2205 of title 36, United States Code, is amended by striking the item relating to section 220505 and inserting the following: 220505. Powers and duty of care. . Section 220507 of title 36, United States Code, is amended by adding at the end the following: The corporation shall develop one or more policies that prohibit any individual who is an employee, a contractor, or an agent of the corporation from assisting a member or former member in obtaining a new job, except the routine transmission of administrative and personnel files, if the individual knows that such member or former member engaged in sexual misconduct regarding a minor in violation of the law. . Section 220509(b) of title 36, United States Code, is amended— in the subsection heading, by striking and inserting Ombudsman ; Office of the Ombudsman in paragraph (2)— in subparagraph (A), by moving clauses
(i)through
(iii)two ems to the right; by striking
(A)The procedure and inserting the following: The procedure ; in subparagraph (B)— by moving clauses
(i)through
(iii)to ems to the right; and by striking
(B)The corporation and inserting the following: The corporation ; and in the undesignated matter following clause
(iii)of subparagraph (A), by striking If there is and inserting the following: If there is ; by redesignating paragraph
(2)as paragraph (3); in paragraph (1), in the matter preceding subparagraph (A), by striking
(1)The corporation and all that follows through who shall— and inserting the following: The corporation shall hire and provide salary, benefits, and administrative expenses for an ombudsman and support staff for athletes. The ombudsman shall— ; in paragraph (2), as so designated by paragraph (4)— in subparagraph (B), by striking ; and and inserting a semicolon; by redesignating subparagraph
(C)as subparagraph (D); and by inserting after subparagraph
(B)the following: provide independent advice to reporting parties with respect to— the role, responsibility, and authority of the Center; the relative merits of engaging legal counsel; and the factual allegations that may support the ability of the Center to pursue a claim of abuse; and ; and by inserting after paragraph (3), as redesignated by paragraph (3), the following: Except as provided in subparagraph (B), 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 ombudsman. The ombudsman may disclose information described in subparagraph
(A)as necessary to resolve or mediate a dispute. 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 ombudsman. Any memorandum, work product, notes, or case file of the office of the ombudsman— shall be confidential; and shall not be— subject to discovery, subpoena, or any other means of legal compulsion; or admissible as evidence in a judicial or administrative proceeding. The confidentiality requirements under this paragraph shall not apply to information relating to— applicable federally mandated reporting requirements; a felony personally witnessed by a member of the office of the ombudsman; a situation, communicated to the office of the ombudsman, in which an individual is at imminent risk of serious harm; or a congressional subpoena. An employee or a member of the corporation who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, 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 mediation. 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 section. . Section 220511 of title 36, United States Code, is amended— in the section heading, by striking and inserting Report ; Reports and audits in subsection (a)— in the matter preceding paragraph (1)— by striking every fourth year and inserting annually ; and by striking 4 years and inserting calendar year ; by striking paragraph (1); by redesignating paragraphs (2), (3), and
(4)as paragraphs (1), (2), and (3), respectively; in paragraph (1), as so redesignated, by striking such 4-year period and inserting such calendar year ; in paragraph (2), as so redesignated, by striking ; and and inserting a semicolon; in paragraph (3), as so redesignated, by striking the period at the end and inserting a semicolon; and by adding at the end the following: a description of any lawsuit or grievance filed against the corporation, including any dispute initiated under this chapter; and the agenda and minutes of any meeting of the board of directors of the corporation. ; and by adding at the end the following: 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— an independent certified public accountant; or an independent licensed public accountant who is certified or licensed by the regulatory authority of a State or a political subdivision of a State. An audit under paragraph
(1)shall be conducted at the location at which the financial statements of the corporation normally are kept. An individual conducting an audit under paragraph
(1)shall be given access to— all records and property owned or used by the corporation, as necessary to facilitate the audit; and full access to any facility under audit for the purpose of verifying transactions, including any balance or security held by a depository, fiscal agent, or custodian. Not later than 180 days after the end of the fiscal year for which an audit is carried out, the auditor shall submit a report on the audit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the chair of the Athletes’ Advisory Council. Each report under subparagraph
(A)shall include the following for the applicable fiscal year: Any statement necessary to present fairly the assets, liabilities, and surplus or deficit of the corporation. An analysis of the changes in the amounts of such assets, liabilities, and surplus or deficit. A detailed statement of the income and expenses of the corporation, including the results of any trading, manufacturing, publishing, or other commercial endeavor. A detailed statement of the amounts spent on stipends and services for athletes. A detailed statement of the amounts allocated to the national governing bodies. Such comments and information as the auditor considers necessary to inform Congress of the financial operations and condition of the corporation. Recommendations relating to the financial operations and condition of the corporation. A report under this paragraph may not be printed as a public document, except as part of proceedings authorized to be printed under section 1332 of title 44. . The table of sections for chapter 2205 of title 36, United States Code, is amended by striking the item relating to section 220511 and inserting the following: 220511. Reports and audits. .