Sec. 6. MODIFICATIONS TO UNITED STATES OLYMPIC AND PARALYMPIC COMMITTEE
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## SEC. 6 MODIFICATIONS TO UNITED STATES OLYMPIC AND PARALYMPIC COMMITTEE ###
(a)Purposes of the Corporation Section 220503 of title 36, United States Code, is amended— ####
(1)in paragraph (9), by inserting “and access to” after “development of”; ####
(2)in paragraph (14), by striking “; and” and inserting a semicolon; ####
(3)in paragraph (15), by striking the period at the end and inserting “; and”; and ####
(4)by adding at the end the following: > > #### “(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). ” > . ###
(b)Membership and Representation Section 220504 of title 36, United States Code, is amended— ####
(1)in subsection (a), by inserting “, and membership shall be available only to national governing bodies” before the period at the end; ####
(2)in subsection (b), by amending paragraph
(2)to read as follows: > > #### “(2) > > amateur athletes who are actively engaged in amateur athletic competition or who have represented the United States in international amateur athletic competition, including through provisions that— > > > ##### “(A) > > establish and maintain an Athletes’ Advisory Council; > > > ##### “(B) > > ensure that the chair of the Athletes’ Advisory Council, or the designee of the chair, holds voting power on the board of directors of the corporation and in the committees and entities of the corporation; > > > ##### “(C) > > require that— > > > ###### “(i) > > not less than ⅓ of the membership of the board of directors of the corporation shall be composed of, and elected by, such amateur athletes; and > > > ###### “(ii) > > not less than 20 percent of the membership of the board of directors of the corporation shall be composed of amateur athletes who— > > > ###### “(I) > > are actively engaged in representing the United States in international amateur athletic competition; or > > > ###### “(II) > > have represented the United States in international amateur athletic competition during the preceding 10-year period; and > > > ##### “(D) > > ensure that the membership and voting power held by such amateur athletes is not less than ⅓ 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 ####
(3)by adding at the end the following: > > ### “(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. > > > ### “(d) Certification Requirements > > The bylaws of the corporation shall include a description of all generally applicable certification requirements for membership in the corporation. ” > . ###
(c)Duties ####
(1)In general Section 220505 of title 36, United States Code, is amended— #####
(A)in the section heading, by striking “Powers” and inserting “Powers and duties”; and #####
(B)by adding at the end the following: > > ### “(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; > > > ##### “(B) > > to ensure that each national governing body has in place policies and procedures to report immediately any allegation of child abuse of an amateur athlete, consistent with— > > > ###### “(i) > > the policies and procedures developed under subparagraph
(C)of section 220541(a)(1); and > > > ###### “(ii) > > the requirement described in paragraph (2)(A) of section 220542(a); and > > > ##### “(C) > > to ensure that each national governing body and the corporation enforces temporary measures and sanctions issued pursuant to the authority of the Center. > > > #### “(2) Rule of construction > > Nothing in this subsection shall be construed to preempt or otherwise abrogate the duty of care of the corporation under State law or the common law. ” > . ####
(2)Conforming amendment **[**[36 U.S.C. 220501prec](/us/usc/t36/s220501prec)**]** 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 duties.” ". ###
(d)Restrictions ####
(1)Policy with respect to assisting members or former members in obtaining jobs Section 220507 of title 36, United States Code, is amended by adding at the end the following: > > ### “(c) Policy With Respect to Assisting Members or Former Members in Obtaining Jobs > > The corporation shall develop 1 or more policies that prohibit any individual who is an employee, contractor, or 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 violated the policies or procedures of the Center related to sexual misconduct or was convicted of a crime involving sexual misconduct with a minor in violation of applicable law. ” > . ####
(2)Policy with respect to terms and conditions of employment #####
(A)In general Section 220507 of title 36, United States Code, as amended by paragraph (1), is further amended by adding at the end the following: > > ### “(d) Policy Regarding Terms and Conditions of Employment > > The corporation shall establish a policy— > > > #### “(1) > > not to disperse bonus or severance pay to any individual named as a subject of an ethics investigation by the ethics committee of the corporation, until such individual is cleared of wrongdoing by such investigation; 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 > > > ###### “(ii) > > the compensation committee of the corporation may reduce or cancel the withheld bonus or severance pay; and > > > ##### “(B) > > in the case of an individual who is the subject of a criminal investigation, the ethics committee shall investigate the individual. ” > . #####
(B)Applicability **[**[36 U.S.C. 220507note](/us/usc/t36/s220507note)**]** 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. ###
(e)Resolution of Disputes and Protecting Abuse Victims From Retaliation Section 220509 of title 36, United States Code, is amended— ####
(1)in subsection (a), in the first sentence, by inserting “complaints of retaliation or” after “relating to”; ####
(2)by amending subsection
(b)to read as follows: > > ### “(b) Office of the Athlete Ombuds > > > #### “(1) In general > > The corporation shall hire and provide salary, benefits, and administrative expenses for an ombudsman and support staff for athletes. > > > #### “(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; > > > ##### “(B) > > assist in the resolution of athlete concerns; > > > ##### “(C) > > provide independent advice to athletes with respect to— > > > ###### “(i) > > the role, responsibility, authority, and jurisdiction of the Center; and > > > ###### “(ii) > > the relative value of engaging legal counsel; and > > > ##### “(D) > > report to the Athletes’ Advisory Council on a regular basis. > > > #### “(3) Hiring procedures; vacancy; termination > > > ##### “(A) Hiring procedures > > The procedure for hiring the ombudsman for athletes shall be as follows: > > > ###### “(i) > > The Athletes’ Advisory Council shall provide the corporation’s executive director with the name of 1 qualified person to serve as ombudsman for athletes. > > > ###### “(ii) > > The corporation’s executive director shall immediately transmit the name of such person to the corporation’s executive committee. > > > ###### “(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. > > > ##### “(B) Vacancy > > If there is a vacancy in the position of the ombudsman for athletes, the nomination and hiring procedure set forth in this paragraph shall be followed in a timely manner. > > > ##### “(C) Termination > > The corporation may terminate the employment of an individual serving as ombudsman for athletes only if— > > > ###### “(i) > > the termination is carried out in accordance with the applicable policies and procedures of the corporation; > > > ###### “(ii) > > the termination is initially recommended to the corporation’s executive committee by either the corporation’s executive director or by the Athletes’ Advisory Council; and > > > ###### “(iii) > > the corporation’s executive committee fully considers the advice and counsel of the Athletes’ Advisory Council prior to deciding whether or not to terminate the employment of such individual. > > > #### “(4) Confidentiality > > > ##### “(A) In general > > The Office of the Athlete Ombuds shall maintain as confidential any information communicated or provided to the Office of the Athlete Ombuds in confidence in any matter involving the exercise of the official duties of the Office of the Athlete Ombuds. > > > ##### “(B) Exception > > The Office of the Athlete Ombuds may disclose information described in subparagraph
(A)as necessary to resolve or mediate a dispute, with the permission of the parties involved. > > > ##### “(C) Judicial and administrative proceedings > > > ###### “(i) In general > > The ombudsman and the staff of the Office of the Athlete Ombuds shall not be compelled to testify or produce evidence in any judicial or administrative proceeding with respect to any matter involving the exercise of the duties of the Office of the Athlete Ombuds. > > > ###### “(ii) Work product > > Any memorandum, work product, notes, or case file of the Office of the Athlete Ombuds— > > > ###### “(I) > > shall be confidential; and > > > ###### “(II) > > shall not be— > > > ###### “(aa) > > subject to discovery, subpoena, or any other means of legal compulsion; or > > > ###### “(bb) > > admissible as evidence in a judicial or administrative proceeding. > > > ##### “(D) Applicability > > The confidentiality requirements under this paragraph shall not apply to information relating to— > > > ###### “(i) > > applicable federally mandated reporting requirements; > > > ###### “(ii) > > a felony personally witnessed by a member of the Office of the Athlete Ombuds; > > > ###### “(iii) > > a situation, communicated to the Office of the Athlete Ombuds, in which an individual is at imminent risk of serious harm; or > > > ###### “(iv) > > a congressional subpoena. > > > ##### “(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. > > > ###### “(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; and > > > ###### “(II) > > employees of the corporation. > > > ###### “(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; and > > > ###### “(II) > > communicate to amateur athletes the availability of the policy. > > > #### “(5) Prohibition on retaliation > > No employee, contractor, agent, volunteer, or member of the corporation shall take or threaten to take any action against an athlete as a reprisal for disclosing information to or seeking assistance from the Office of the Athlete Ombuds. > > > #### “(6) Independence in carrying out duties > > The board of directors of the corporation or any other member or employee of the corporation shall not prevent or prohibit the Office of the Athlete Ombuds from carrying out any duty or responsibility under this section. ” > ; and ####
(3)by adding at the end the following: > > ### “(c) Retaliation > > > #### “(1) In general > > The corporation, the national governing bodies, or any officer, employee, contractor, subcontractor, or agent of the corporation or a national governing body may not retaliate against any protected individual as a result of any communication, including the filing of a formal complaint, by a protected individual or a parent or legal guardian of the protected individual relating to an allegation of physical abuse, sexual harassment, or emotional abuse. > > > #### “(2) Disciplinary action > > If the corporation finds that an employee of the corporation or a national governing body has retaliated against a protected individual, the corporation or national governing body, as applicable, shall immediately terminate the employment of, or suspend without pay, such employee. > > > #### “(3) Damages > > > ##### “(A) In general > > With respect to a protected individual the corporation finds to have been subject to retaliation, the corporation may award damages, including damages for pain and suffering and reasonable attorney fees. > > > ##### “(B) Reimbursement from national governing body > > In the case of a national governing body found to have retaliated against a protected individual, the corporation may demand reimbursement from the national governing body for damages paid by the corporation under subparagraph (A). ” > . ###
(f)Reports and Audits ####
(1)In general Section 220511 of title 36, United States Code, is amended to read as follows: > > ## “SEC. 220511 Reports and audits > > > ### “(a) Report > > > #### “(1) Submission to president and congress > > Not less frequently than annually, the corporation shall submit simultaneously to the President and to each House of Congress a detailed report on the operations of the corporation for the preceding calendar year. > > > #### “(2) Matters to be included > > Each report required by paragraph
(1)shall include the following: > > > ##### “(A) > > A comprehensive description of the activities and accomplishments of the corporation during such calendar year. > > > ##### “(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. > > > ##### “(C) > > A description of the steps taken to encourage the participation of women, disabled individuals, and racial minorities in amateur athletic activities. > > > ##### “(D) > > A description of any lawsuit or grievance filed against the corporation, including any dispute initiated under this chapter. > > > ##### “(E) > > The agenda and minutes of any meeting of the board of directors of the corporation that occurred during such calendar year. > > > ##### “(F) > > A report by the compliance committee of the corporation that, with respect to such calendar year— > > > ###### “(i) > > identifies— > > > ###### “(I) > > the areas in which the corporation has met compliance standards; and > > > ###### “(II) > > the areas in which the corporation has not met compliance standards; and > > > ###### “(ii) > > assesses the compliance of each member of the corporation and provides a plan for improvement, as necessary. > > > ##### “(G) > > A detailed description of any complaint of retaliation made during such calendar year, including the entity involved, the number of allegations of retaliation, and the outcome of such allegations. > > > #### “(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. > > > ### “(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; or > > > ##### “(B) > > an independent licensed public accountant who is certified or licensed by the regulatory authority of a State or a political subdivision of a State. > > > #### “(2) Location > > An audit under paragraph
(1)shall be conducted at the location at which the financial statements of the corporation normally are kept. > > > #### “(3) Access > > An individual conducting an audit under paragraph
(1)shall be given full access to— > > > ##### “(A) > > all records and property owned or used by the corporation, as necessary to facilitate the audit; and > > > ##### “(B) > > any facility under audit for the purpose of verifying transactions, including any balance or security held by a depository, fiscal agent, or custodian. > > > #### “(4) Report > > > ##### “(A) In general > > 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 the Judiciary of the House of Representatives, and the chair of the Athletes’ Advisory Council. > > > ##### “(B) Matters to be included > > Each report under subparagraph
(A)shall include the following for the applicable fiscal year: > > > ###### “(i) > > Any statement necessary to present fairly the assets, liabilities, and surplus or deficit of the corporation. > > > ###### “(ii) > > An analysis of the changes in the amounts of such assets, liabilities, and surplus or deficit. > > > ###### “(iii) > > A detailed statement of the income and expenses of the corporation, including the results of any trading, manufacturing, publishing, or other commercial endeavor. > > > ###### “(iv) > > A detailed statement of the amounts spent on stipends and services for athletes. > > > ###### “(v) > > A detailed statement of the amounts spent on compensation and services for executives and administration officials of the corporation, including the 20 employees of the corporation who receive the highest amounts of compensation. > > > ###### “(vi) > > A detailed statement of the amounts allocated to the national governing bodies. > > > ###### “(vii) > > Such comments and information as the auditor considers necessary to inform Congress of the financial operations and condition of the corporation. > > > ###### “(viii) > > Recommendations relating to the financial operations and condition of the corporation. > > > ###### “(ix) > > A description of any financial conflict of interest (including a description of any recusal or other mitigating action taken), evaluated in a manner consistent with the policies of the corporation, of— > > > ###### “(I) > > a member of the board of directors of the corporation; or > > > ###### “(II) > > any senior management personnel 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. > > > ###### “(ii) Personally identifiable information > > A report made available under clause
(i)shall not include the personally identifiable information of any individual. ” > . ####
(2)Conforming amendment **[**[36 U.S.C. 220501prec](/us/usc/t36/s220501prec)**]** 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.” ". ###
(g)Annual Amateur Athlete Survey ####
(1)In general Subchapter I of chapter 2205 of title 36, United States Code, is amended by adding at the end the following: > > ## “SEC. 220513 Annual amateur athlete survey > > **[**[36 U.S.C. 220513](/us/usc/t36/s220513)**]** > > > ### “(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; and > > > #### “(2) > > the behaviors, attitudes, and feelings within the corporation and the applicable national governing body relating to sexual harassment and abuse. > > > ### “(b) Consultation > > A contract under subsection
(a)shall require the independent third-party organization to develop the survey in consultation with the Center. > > > ### “(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. > > > ### “(d) 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 **[**[36 U.S.C. 220501prec](/us/usc/t36/s220501prec)**]** 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: " “220513. Annual amateur athlete survey.” ".
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- 36 USC 220501prec
- 36 USC 220507note
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Sec. 6
MODIFICATIONS TO UNITED STATES OLYMPIC AND PARALYMPIC COMMITTEE
Cite36 USC 220501prec
Cite36 USC 220507note
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