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Code · BILL · 116th Congress · S. 2330 (Reported in Senate) — To amend the Ted Stevens Olympic and Amateur Sports Act to provide for congressional oversight of the board of direct... · Sec. 7

Sec. 7. Modifications to United States Center for Safe Sport

1,256 words·~6 min read·/bill/116/s/2330/rs/section-7

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Section 220541(a) of title 36, United States Code, is amended— in paragraph (4), by striking ; and and inserting a semicolon; in paragraph (5), by striking the period at the end and inserting ; and ; and by adding at the end the following: 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 body. . Section 220541(d)(3) of title 36, United States Code, is amended— by redesignating subparagraphs
(B)through
(G)as subparagraphs
(C)through (H), respectively; in subparagraph (G), as so redesignated, by striking or
(E)and inserting (E), or
(F); and by inserting after subparagraph
(A)the following: the corporation; . Section 220541 of title 36, United States Code, is amended by adding at the end the following: The office for education and outreach referred to in subsection (a)(3) shall— develop training materials for specific audiences, including coaches, trainers, doctors, young children, adolescents, adults, and mentally disabled individuals; and not less frequently than every 3 years, update such training materials. . Section 220541 of title 36, United States Code, as amended by subsection (c), is further amended by adding at the end the following: 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. 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 body. The corporation and the national governing bodies shall not interfere in, or attempt to influence the outcome of, an investigation. 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. . Section 220541 of title 36, United States Code, as amended by subsections
(c)and (d), is further amended by adding at the end the following: 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 2019. 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. The corporation may use funds received from one or more national governing bodies to make a mandatory payment required by paragraph (1). The Center may file a lawsuit to compel payment under paragraph (1). For each day of late or incomplete payment of a mandatory payment under paragraph
(1)after January 1 of the applicable year, the Center shall be allowed to recover from the corporation an additional $20,000. . Section 220542 of title 36, United States Code, is amended— in the section heading, by striking the period at the end; and in subsection (a)— in paragraph (1), by striking ; and and inserting a semicolon; and in paragraph (2)— in subparagraph (A), by striking clauses
(i)and
(ii)and inserting the following: law enforcement consistent with section 226 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341 ); and the Center, whenever such members or adults learn of facts leading them to suspect reasonably that an amateur athlete who is a minor has suffered an incident of child abuse; ; by redesignating subparagraphs
(B)through
(F)as subparagraphs
(E)through (I), respectively; by inserting after subparagraph
(A)the following: a requirement that the Center shall immediately report to law enforcement consistent with section 226 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341 ) any allegation of child abuse of an amateur athlete who is a minor, including any report of such abuse submitted to the Center by a minor or by any person who is not otherwise required to report such abuse; one or more policies that prohibit an individual who is a Center employee, contractor, or agent 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; 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 the Center has reason to believe an imminent hazard will result from failing to so notify the alleged perpetrator; and on a date that is earlier than the date on which law enforcement— authorizes the Center to take such action; or declines to act on the allegation within 72 hours after the time at which the Center reports to law enforcement under subparagraph (B); ; in subparagraph (F), as so redesignated, by inserting , including communications, after interactions ; by amending subparagraph (G), as so redesignated, to read as follows: procedures to prohibit retaliation by any national governing body or paralympic sports organization against any individual who makes— a report under subparagraph
(A)or (E); or any other report relating to abuse of any amateur athlete, including emotional, physical, and sexual abuse; ; in subparagraph (H), as so redesignated, by striking ; and and inserting a semicolon; in subparagraph (I), as so redesignated, by striking the period at the end of clause
(ii)and inserting a semicolon; and by adding at the end the following: a prohibition on the use in a report or a resolution of the Center under section 220541(a)(4) of any evidence relating to other sexual behavior or the sexual predisposition of the alleged victim, or the admission of any such evidence in arbitration, unless the probative value of the use or admission of such evidence, as determined by the Director or the arbitrator, as applicable, substantially outweighs the danger of— any harm to the alleged victim; and unfair prejudice to any party; and training for investigators on appropriate methods and techniques for ensuring sensitivity toward alleged victims during interviews and other investigative activities. . Section 220543(b) of title 36, United States Code, is amended— in paragraph (1), by striking ; and and inserting a semicolon; by redesignating paragraph
(2)as paragraph (8); and by inserting after paragraph
(1)the following: a strategic plan with respect to the manner in which the Center shall fulfill its duties under sections 220541 and 220542; a detailed description of the efforts made by the Center to comply with such strategic plan during the preceding year; any financial statement necessary to present fairly the assets, liabilities, and surplus or deficit of the Center for the preceding year; an analysis of the changes in the amounts of such assets, liabilities, and surplus or deficit during the preceding year; any information relating to any report received or investigation conducted by the Center during the preceding year, including the number, type, and results of such report or investigation; any information relating to the education and training conducted by the office of education and outreach of the Center during the preceding year; and .
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Sec. 7
Modifications to United States Center for Safe Sport
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