S4688 CONGRESSIONAL RECORD — SENATE August 4, 2020 the Senator from Vermont (Mr. proceed to the immediate consider- pears and inserting ‘‘United States Olympic and LEAHY), the Senator from Vermont ation of Calendar No. 503, S. 2330. Paralympic Committee’’. (Mr. SANDERS), and the Senator from The PRESIDING OFFICER. The (b) CONFORMING AMENDMENTS.—The table of chapters for part B of subtitle II of title 36, Virginia (Mr. WARNER) are necessarily clerk will report the bill by title. The bill clerk read as follows: United States Code, is amended by striking the absent. item relating to chapter 2205 and inserting the The PRESIDING OFFICER (Mr. A bill (S. 2330) to amend the Ted Stevens following: CRUZ). Are there any other Senators in Olympic and Amateur Sports Act to provide for congressional oversight of the board of ‘‘2205. United States Olympic and the Chamber desiring to vote? Paralympic Committee ... 220501’’. The result was announced—yeas 79, directors of the United States Olympic and Paralympic Committee and to protect ama- SEC. 4. CONGRESSIONAL OVERSIGHT OF UNITED nays 16, as follows: teur athletes from emotional, physical, and STATES OLYMPIC AND PARALYMPIC [Rollcall Vote No. 155 Ex.] COMMITTEE AND NATIONAL GOV- sexual abuse, and for other purposes. ERNING BODIES. YEAS—79 There being no objection, the Senate (a) IN GENERAL.—Chapter 2205 of title 36, Alexander Feinstein Peters proceeded to consider the bill, which United States Code, is amended— Baldwin Fischer Portman had been reported from the Committee (1) by redesignating the second subchapter Barrasso Gardner Reed on Commerce, Science, and Transpor- designated as subchapter III (relating to the Bennet Graham Risch United States Center for SafeSport), as added by Blackburn Hassan tation, with an amendment to strike Roberts section 202 of the Protecting Young Victims from Blunt Hawley Romney all after the enacting clause and insert Booker Heinrich Sexual Abuse and Safe Sport Authorization Act Rounds in lieu thereof the following: of 2017 (Public Law 115–126; 132 Stat. 320) as Boozman Hoeven Rubio Braun Hyde-Smith subchapter IV; and Sasse SECTION 1. SHORT TITLE. Brown Inhofe Scott (FL) This Act may be cited as the ‘‘Empowering (2) by adding at the end the following: Burr Johnson Olympic and Amateur Athletes Act of 2019’’. ‘‘SUBCHAPTER V—DISSOLUTION OF Cantwell Jones Scott (SC) Capito Kaine Shaheen SEC. 2. FINDINGS. BOARD OF DIRECTORS OF CORPORA- Carper Kennedy Shelby Congress makes the following findings: TION AND TERMINATION OF RECOGNI- Casey King Sinema (1) The courageous voice of survivors is a call TION OF NATIONAL GOVERNING BODIES Smith Cassidy Lankford to action to end emotional, physical, and sexual ‘‘§ 220551. Definitions Collins Lee Stabenow abuse in the Olympic and Paralympic move- Coons Loeffler Sullivan ment. ‘‘In this subchapter, the term ‘joint resolution’ Cornyn Manchin Tester (2) Larry Nassar, the former national team means a joint resolution— Cotton McConnell Thune doctor for USA Gymnastics, sexually abused ‘‘(1) which does not have a preamble; and Cramer McSally Toomey over 300 athletes for over two decades because of ‘‘(2) for which— Crapo Moran Udall ineffective oversight by USA Gymnastics and ‘‘(A)(i) the title is only as follows: ‘A joint res- Cruz Murkowski Van Hollen the United States Olympic Committee. olution to dissolve the board of directors of the Daines Murphy Whitehouse United States Olympic and Paralympic Com- Duckworth Murray (3) While the case of Larry Nassar is unprece- Wicker mittee’; and Durbin Paul Young dented in scale, the case is hardly the only re- Enzi Perdue cent incident of sexual abuse in amateur sports. ‘‘(ii) the matter after the resolving clause— ‘‘(I) is as follows: ‘That Congress finds that NAYS—16 (4) Survivors of Larry Nassar’s abuse and all survivors of abuse in the Olympic and dissolving the board of directors of the United Blumenthal Hirono Schatz Paralympic movement deserve justice and re- States Olympic and Paralympic Committee Cortez Masto Klobuchar Schumer dress for the wrongs the survivors have suffered. would not unduly interfere with the operations Ernst Markey Warren (5) After a comprehensive congressional inves- of chapter 2205 of title 36, United States Code’; Gillibrand Menendez Wyden and Grassley Merkley tigation, including interviews and statements Harris Rosen from survivors, former and current organization ‘‘(II) prescribes adequate procedures for form- officials, law enforcement, and advocates, Con- ing a board of directors of the corporation with NOT VOTING—5 gress found that the United States Olympic all reasonable expediency and in a manner that Cardin Sanders Warner Committee and USA Gymnastics fundamentally safeguards the voting power of the representa- Leahy Tillis failed to uphold their existing statutory pur- tives of amateur athletes at all times; or The nomination was confirmed. poses and duty to protect amateur athletes from ‘‘(B)(i) the title is only as follows: ‘A joint res- olution relating to terminating the recognition The PRESIDING OFFICER. Under sexual, emotional, or physical abuse. (6) USA Gymnastics and the United States of a national governing body’; and the previous order, the motion to re- Olympic Committee knowingly concealed abuse ‘‘(ii) the matter after the resolving clause is consider is considered made and laid by Larry Nassar, leading to the abuse of dozens only as follows: ‘That Congress determines that upon the table, and the President will of additional amateur athletes during the period lllllllll, which is recognized as a na- be immediately notified of the Senate’s beginning in the summer of 2015 and ending in tional governing body under section 220521 of actions. September 2016. title 36, United States Code, has failed to fulfill The Senator from Kansas. (7) Ending abuse in the Olympic and its duties, as described in section 220524 of title Paralympic movement requires enhanced over- 36, United States Code’, the blank space being f sight to ensure that the Olympic and filled in with the name of the applicable na- tional governing body. LEGISLATIVE SESSION Paralympic movement does more to serve ath- letes and protect their voice and safety. ‘‘§ 220552. Dissolution of board of directors of SEC. 3. UNITED STATES OLYMPIC AND corporation and termination of recognition PARALYMPIC COMMITTEE. MORNING BUSINESS of national governing bodies (a) IN GENERAL.—Chapter 2205 of title 36, ‘‘(a) DISSOLUTION OF BOARD OF DIRECTORS OF Mr. MORAN. Mr. President, I ask United States Code, is amended— CORPORATION.—Effective on the date of enact- unanimous consent that the Senate (1) in the chapter heading, by striking ment of a joint resolution described in section proceed to legislative session for a pe- ‘‘UNITED STATES OLYMPIC COMMITTEE’’ 220551(2)(A) with respect to the board of direc- and inserting ‘‘ riod of morning business, with Sen- UNITED STATES OLYMPIC tors of the corporation, such board of directors AND PARALYMPIC COMMITTEE’’; shall be dissolved. ators permitted to speak therein for up (2) in section 220501(b)(6), by striking ‘‘United to 10 minutes each. ‘‘(b) TERMINATION OF RECOGNITION OF NA- States Olympic Committee’’ and inserting TIONAL GOVERNING BODY.—Effective on the date The PRESIDING OFFICER. Without ‘‘United States Olympic and Paralympic Com- of enactment of a joint resolution described in objection, it is so ordered. mittee’’; section 220551(2)(B) with respect to a national Mr. MORAN. I ask unanimous con- (3) in section 220502, by amending subsection governing body, the recognition of the applica- (c) to read as follows: sent that Senator BLUMENTHAL, Sen- ble amateur sports organization as a national ‘‘(c) REFERENCES TO UNITED STATES OLYMPIC OLLINS governing body shall cease to have force or ef- ator C , and I be able to complete ASSOCIATION AND UNITED STATES OLYMPIC COM- fect. our remarks before the recess. MITTEE.—Any reference to the United States The PRESIDING OFFICER. Without Olympic Association or the United States Olym- ‘‘§ 220553. Joint resolution objection, it is so ordered. pic Committee is deemed to refer to the United ‘‘(a) REFERRAL AND REPORTING.— States Olympic and Paralympic Committee.’’; ‘‘(1) HOUSE OF REPRESENTATIVES.— f (4) in section 220506(a), by striking ‘‘United ‘‘(A) IN GENERAL.—In the House of Represent- EMPOWERING OLYMPIC AND States Olympic Committee’’ and inserting atives, a joint resolution shall be referred to the AMATEUR ATHLETES ACT OF 2019 ‘‘United States Olympic and Paralympic Com- Committee on Energy and Commerce. mittee’’; and ‘‘(B) DISCHARGE.—The Committee on Energy Mr. MORAN. Mr. President, I ask (5) in section 220531, by striking ‘‘United and Commerce shall be discharged from further unanimous consent that the Senate States Olympic Committee’’ each place it ap- consideration of a joint resolution and the joint

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resolution shall be referred to the appropriate peals in connection therewith, shall be limited to ‘‘SUBCHAPTER V—DISSOLUTION OF BOARD OF DI- calendar on the date on which not less than not more than 10 hours, which shall be divided RECTORS OF CORPORATION AND TERMINATION three-fifths of the Members of the House of Rep- equally between the Majority and Minority OF RECOGNITION OF NATIONAL GOVERNING BOD- resentatives, duly chosen and sworn, are listed Leaders or their designees. A motion further to IES as cosponsors of the joint resolution. limit debate is in order and not debatable. A mo- ‘‘220551. Definitions. ‘‘(C) LIMITATION ON CONSIDERATION.—Except tion to postpone, a motion to proceed to the con- ‘‘220552. Dissolution of board of directors of as provided in subsection (e)(1), it shall not be sideration of other business, or a motion to re- corporation and termination of recogni- in order for the House of Representatives to con- commit the joint resolution is not in order. Any tion of national governing bodies. sider a joint resolution unless— debatable motion is debatable for not to exceed ‘‘220553. Joint resolution.’’. ‘‘(i) the joint resolution is reported by the 1 hour, to be divided equally between those fa- (c) EFFECTIVE DATE.—The amendments made Committee on Energy and Commerce; or voring and those opposing the motion. All time by this section shall take effect on the date that ‘‘(ii) the Committee on Energy and Commerce used for consideration of the joint resolution, is 1 year after the date of the enactment of this is discharged from further consideration of the including time used for quorum calls and voting, Act. joint resolution under subparagraph (B). shall be counted against the total 10 hours of SEC. 5. MODIFICATIONS TO UNITED STATES ‘‘(2) SENATE.— consideration. OLYMPIC AND PARALYMPIC COM- ‘‘(A) IN GENERAL.—In the Senate, a joint reso- ‘‘(3) VOTE ON PASSAGE.—If the Senate has MITTEE. lution shall be referred to the Committee on voted to proceed to a joint resolution, the vote (a) PURPOSES OF THE CORPORATION.—Section Commerce, Science, and Transportation. on passage of the joint resolution shall occur 220503 of title 36, United States Code, is amend- ‘‘(B) DISCHARGE.—The Committee on Com- immediately following the conclusion of consid- ed— merce, Science, and Transportation shall be dis- eration of the joint resolution, and a single (1) in paragraph (9), by inserting ‘‘and access charged from further consideration of the joint quorum call at the conclusion of the consider- to’’ after ‘‘development of’’; resolution and the joint resolution shall be re- ation if requested in accordance with the rules (2) in paragraph (14), by striking ‘‘; and’’ and ferred to the appropriate calendar on the date of the Senate. inserting a semicolon; on which not less than three-fifths of the Mem- ‘‘(4) RULINGS OF THE CHAIR ON PROCEDURE.— (3) in paragraph (15), by striking the period at bers of the Senate, duly chosen and sworn, are Appeals from the decisions of the Chair relating the end and inserting ‘‘; and’’; and listed as cosponsors of the joint resolution. to the application of the rules of the Senate to (4) by adding at the end the following: ‘‘(C) LIMITATION ON CONSIDERATION.—Except the procedure relating to a joint resolution shall as provided in subsection (e)(1), it shall not be ‘‘(16) to effectively oversee the national gov- be decided without debate. in order for the Senate to consider a joint reso- erning bodies with respect to compliance with ‘‘(d) AMENDMENTS NOT IN ORDER.—A joint lution unless— and implementation of the policies and proce- resolution shall not be subject to amendment in ‘‘(i) the joint resolution is reported by the dures of the corporation, including policies and either the House of Representatives or the Sen- Committee on Commerce, Science, and Transpor- procedures on the establishment of a safe envi- ate. tation; or ronment in sports as described in paragraph ‘‘(ii) the Committee on Commerce, Science, ‘‘(e) RULES TO COORDINATE ACTION WITH (15).’’. and Transportation is discharged from further OTHER HOUSE.— (b) MODIFICATIONS TO MEMBERSHIP IN COR- consideration of the joint resolution under sub- ‘‘(1) TREATMENT OF JOINT RESOLUTION OF PORATION AND REPRESENTATION OF ATHLETES.— paragraph (B). OTHER HOUSE.— (1) DEFINITION OF ATHLETES’ ADVISORY COUN- ‘‘(b) EXPEDITED CONSIDERATION IN HOUSE OF ‘‘(A) IN GENERAL.—If the Senate or House of CIL.—Section 220501(b) of title 36, United States REPRESENTATIVES.— Representatives fails to introduce or consider a Code, is amended— ‘‘(1) PROCEEDING TO CONSIDERATION.—After joint resolution under this section, the joint res- (A) by striking paragraph (9); the Committee on Energy and Commerce reports olution of the other House— (B) by redesignating paragraphs (4) through a joint resolution to the House of Representa- ‘‘(i) shall be entitled to expedited floor proce- (8) as paragraphs (5) through (9), respectively; tives or has been discharged from its consider- dures described under this section; and and ation in accordance with subsection (a)(1)(B), it ‘‘(ii) may be referred in the receiving chamber (C) by inserting after paragraph (3) the fol- shall be in order to move to proceed to consider or may be held at the desk. lowing: the joint resolution in the House of Representa- ‘‘(B) POTENTIAL REFERRAL.—If a joint resolu- ‘‘(4) ‘Athletes’ Advisory Council’ means the tives. All points of order against the motion are tion referred to a committee under subparagraph entity established and maintained under section waived. Such a motion shall not be in order (A)(ii) is cosponsored by not less than three- 220504(b)(2)(A) that— after the House of Representatives has disposed fifths of the Members of the originating House, ‘‘(A) is composed of, and elected by, amateur of a motion to proceed on a joint resolution. The duly chosen and sworn, the committee shall re- athletes to ensure communication between the previous question shall be considered as ordered port the joint resolution not later than 20 days corporation and currently active amateur ath- on the motion to its adoption without inter- after the date on which the joint resolution is letes; and vening motion. The motion is highly privileged referred to the committee. ‘‘(B) serves as a source of amateur-athlete in the House of Representatives and is not de- ‘‘(2) VETOES.—If the President vetoes a joint opinion and advice with respect to policies and batable. A motion to reconsider the vote by resolution, debate on a veto message in the Sen- proposed policies of the corporation.’’. which the motion is disposed of shall not be in ate under this section shall be 1 hour equally di- (2) MEMBERSHIP AND REPRESENTATION.—Sec- order. vided between the Majority and Minority lead- tion 220504 of title 36, United States Code, is ‘‘(2) CONSIDERATION.—A joint resolution shall ers or their designees. amended— be considered as read. All points of order ‘‘(f) RULEMAKING FUNCTION.—This section is (A) in subsection (a), by inserting ‘‘and mem- against the joint resolution and against its con- enacted by Congress— bership shall be available only to national gov- sideration are waived. The previous question ‘‘(1) as an exercise of the rulemaking power of erning bodies’’ before the period at the end; shall be considered as ordered on the joint reso- the Senate and House of Representatives, re- (B) in subsection (b)(2)— lution to its final passage without intervening spectively, and as such it is deemed a part of the (i) in the matter preceding subparagraph (A), motion except 2 hours of debate equally divided rules of each House, respectively, but applicable by striking ‘‘within the preceding 10 years’’; and controlled by the proponent and an oppo- only with respect to the procedure to be followed (ii) by striking subparagraph (A) and insert- nent. A motion to reconsider the vote on passage in that House in the case of a joint resolution, ing the following: of the joint resolution shall not be in order. and it supersedes other rules only to the extent ‘‘(A) establish and maintain an Athletes’ Ad- ‘‘(c) EXPEDITED PROCEDURE IN SENATE.— that it is inconsistent with such rules; and visory Council;’’; ‘‘(1) MOTION TO PROCEED.—Notwithstanding ‘‘(2) with full recognition of the constitutional (iii) in subparagraph (B)— rule XXII of the Standing Rules of the Senate, right of either House to change the rules (so far (I) by striking ‘‘20 percent’’ and inserting 1 after the Committee on Commerce, Science, and as relating to the procedure of that House) at ‘‘ ⁄3’’; and Transportation reports a joint resolution to the any time, in the same manner, and to the same (II) by inserting ‘‘, including any panel em- Senate or has been discharged from its consider- extent as in the case of any other rule of that powered to resolve grievances’’ before the semi- ation in accordance with subsection (a)(2)(B), it House.’’. colon; (iv) by redesignating subparagraph (B) as shall be in order for any Member of the Senate (b) TECHNICAL AND CONFORMING AMEND- subparagraph (D); and to move to proceed to the consideration of the MENTS.—The table of sections for chapter 2205 of joint resolution. A motion to proceed is in order title 36, United States Code, is amended— (v) by inserting after subparagraph (A) the even though a previous motion to the same ef- (1) by striking the second item relating to sub- following: fect has been disagreed to. The motion to pro- chapter III (relating to the United States Center ‘‘(B) ensure that the chair of the Athletes’ Ad- ceed is not debatable. The motion is not subject for SafeSport), as added by section 202 of the visory Council, or the designee of the chair, to a motion to postpone. A motion to reconsider Protecting Young Victims from Sexual Abuse holds voting power on the board of directors of the vote by which the motion is agreed to or dis- and Safe Sport Authorization Act of 2017 (Pub- the corporation and in the committees and enti- agreed to shall not be in order. If a motion to lic Law 115–126; 132 Stat. 320) and inserting the ties of the corporation; 1 proceed to the consideration of the joint resolu- following: ‘‘(C) require that ⁄3 of the membership of the tion is agreed to, the joint resolution shall re- board of directors of the corporation shall be main the unfinished business until disposed of. ‘‘SUBCHAPTER IV—UNITED STATES CENTER FOR composed of, and elected by, such amateur ath- ‘‘(2) CONSIDERATION.—Consideration of a joint SAFESPORT’’; AND letes, including not fewer than one amateur ath- resolution, and on all debatable motions and ap- (2) by adding at the end the following: lete who—

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‘‘(i) is actively engaged in representing the (C) in subparagraph (B)— ‘‘(ii) DISTRIBUTION.—The Office of the Athlete United States in amateur athletic competition; (i) by moving clauses (i) through (iii) two ems Ombudsman shall distribute a copy of the policy or to the right; and developed under clause (i) to— ‘‘(ii) has represented the United States in (ii) by striking ‘‘(B) The corporation’’ and in- ‘‘(I) employees of the national governing bod- international amateur athletic competition dur- serting the following: ies; and ing the preceding 10-year period; and’’; and ‘‘(C) TERMINATION.—The corporation’’; and ‘‘(II) employees of the corporation. (C) by adding at the end the following: (D) in the undesignated matter following ‘‘(iii) PUBLICATION BY NATIONAL GOVERNING ‘‘(c) CONFLICT OF INTEREST.—An athlete who clause (iii) of subparagraph (A), by striking ‘‘If BODIES.—Each national governing body shall— represents athletes under subsection (b)(2) shall there is’’ and inserting the following: ‘‘(I) publish the policy developed under clause not be employed by the Center, or serve in a ca- ‘‘(B) VACANCY.—If there is’’; (i) on the internet website of the national gov- pacity that exercises decision-making authority (3) by redesignating paragraph (2) as para- erning body; and on behalf of the Center, during the two-year pe- graph (3); ‘‘(II) communicate to amateur athletes the riod beginning on the date on which the athlete (4) in paragraph (1), in the matter preceding availability of the policy. ceases such representation. subparagraph (A), by striking ‘‘(1) The corpora- ‘‘(5) PROHIBITION ON RETALIATION.—No em- ‘‘(d) CERTIFICATION REQUIREMENTS.—The by- tion’’ and all that follows through ‘‘who shall— ployee, contractor, agent, volunteer, or member laws of the corporation shall include a descrip- ’’ and inserting the following: of the corporation shall take or threaten to take tion of all generally applicable certification re- ‘‘(1) IN GENERAL.—The corporation shall hire any action against an athlete as a reprisal for quirements for membership in the corporation.’’. and provide salary, benefits, and administrative disclosing information to or seeking assistance (c) DUTIES.— expenses for an ombudsman and support staff from the Office of the Athlete Ombudsman. (1) IN GENERAL.—Section 220505 of title 36, for athletes. ‘‘(6) INDEPENDENCE IN CARRYING OUT DU- United States Code, is amended— ‘‘(2) DUTIES.—The Office of the Athlete Om- TIES.—The board of directors of the corporation (A) in the section heading, by striking ‘‘Pow- budsman shall—’’; or any other member or employee of the corpora- ers’’ and inserting ‘‘Powers and duties’’; and (5) in paragraph (2), as so designated by para- tion shall not prevent or prohibit the Office of (B) by adding at the end the following: graph (4)— the Athlete Ombudsman from carrying out any ‘‘(d) DUTIES.— (A) by amending subparagraph (B) to read as duty or responsibility under this section.’’. ‘‘(1) IN GENERAL.—The duty of the corporation follows: (f) REPORTS AND AUDITS.— to amateur athletes includes the adoption, effec- ‘‘(B) assist in the resolution of athlete con- (1) IN GENERAL.—Section 220511 of title 36, tive implementation, and enforcement of policies cerns;’’; United States Code, is amended— and procedures designed— (B) by redesignating subparagraph (C) as sub- (A) in the section heading, by striking ‘‘Re- ‘‘(A) to immediately report to law enforcement paragraph (D); and port’’ and inserting ‘‘Reports and audits’’; and the Center any allegation of child abuse of (C) by inserting after subparagraph (B) the (B) by striking subsection (b); an amateur athlete who is a minor; following: (C) by amending subsection (a) to read as fol- ‘‘(B) to ensure that each national governing ‘‘(C) provide independent advice to athletes lows: body has in place policies and procedures to re- with respect to— ‘‘(a) REPORT.— port immediately any allegation of child abuse ‘‘(i) the role, responsibility, authority, and ju- ‘‘(1) SUBMISSION TO PRESIDENT AND CON- of an amateur athlete, consistent with— risdiction of the Center; and GRESS.—Not less frequently than annually, the ‘‘(i) the policies and procedures developed ‘‘(ii) the relative value of engaging legal coun- corporation shall submit simultaneously to the under paragraph (3) of section 220541(a); and sel; and’’; and President and to each House of Congress a de- (6) by adding at the end the following: ‘‘(ii) the requirement described in paragraph tailed report on the operations of the corpora- ‘‘(4) CONFIDENTIALITY.— (2)(A) of section 220542(a); and tion for the preceding calendar year. ‘‘(A) IN GENERAL.—The Office of the Athlete ‘‘(C) to ensure that each national governing ‘‘(2) MATTERS TO BE INCLUDED.—Each report Ombudsman shall maintain as confidential any body and the corporation enforces temporary required by paragraph (1) shall include the fol- information communicated or provided to the measures and sanctions issued pursuant to the lowing: Office of the Athlete Ombudsman in any matter authority of the Center. ‘‘(A) A comprehensive description of the ac- involving the exercise of the official duties of tivities and accomplishments of the corporation ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this the Office of the Athlete Ombudsman. subsection shall be construed to preempt or oth- during such calendar year. ‘‘(B) EXCEPTION.—The Office of the Athlete erwise abrogate the duty of care of the corpora- ‘‘(B) Data concerning the participation of Ombudsman may disclose information described tion under State law or the common law.’’. women, disabled individuals, and racial and in subparagraph (A) as necessary to resolve or ethnic minorities in the amateur athletic activi- (2) CONFORMING AMENDMENT.—The table of mediate a dispute, with the permission of the sections for chapter 2205 of title 36, United ties and administration of the corporation and parties involved. States Code, is amended by striking the item re- national governing bodies. ‘‘(C) JUDICIAL AND ADMINISTRATIVE PRO- ‘‘(C) A description of the steps taken to en- lating to section 220505 and inserting the fol- CEEDINGS.— courage the participation of women, disabled in- lowing: ‘‘(i) IN GENERAL.—The ombudsman and the dividuals, and racial minorities in amateur ath- ‘‘220505. Powers and duties.’’. staff of the Office of the Athlete Ombudsman letic activities. (d) POLICY WITH RESPECT TO ASSISTING MEM- shall not be compelled to testify or produce evi- ‘‘(D) A description of any lawsuit or grievance BERS OR FORMER MEMBERS IN OBTAINING dence in any judicial or administrative pro- filed against the corporation, including any dis- JOBS.—Section 220507 of title 36, United States ceeding with respect to any matter involving the pute initiated under this chapter. Code, is amended by adding at the end the fol- exercise of the duties of the Office of the Athlete ‘‘(E) The agenda and minutes of any meeting lowing: Ombudsman. of the board of directors of the corporation that ‘‘(c) POLICY WITH RESPECT TO ASSISTING ‘‘(ii) WORK PRODUCT.—Any memorandum, occurred during such calendar year. MEMBERS OR FORMER MEMBERS IN OBTAINING work product, notes, or case file of the Office of ‘‘(F) A report by the compliance committee of JOBS.—The corporation shall develop 1 or more the Athlete Ombudsman— the corporation that, with respect to such cal- policies that prohibit any individual who is an ‘‘(I) shall be confidential; and endar year— employee, contractor, or agent of the corpora- ‘‘(II) shall not be— ‘‘(i) identifies— tion from assisting a member or former member ‘‘(aa) subject to discovery, subpoena, or any ‘‘(I) the areas in which the corporation has in obtaining a new job (except the routine trans- other means of legal compulsion; or met compliance standards; and mission of administrative and personnel files) if ‘‘(bb) admissible as evidence in a judicial or ‘‘(II) the areas in which the corporation has the individual knows that such member or administrative proceeding. not met compliance standards; and former member violated the policies or proce- ‘‘(D) APPLICABILITY.—The confidentiality re- ‘‘(ii) assesses the compliance of each member dures of the Center related to sexual misconduct quirements under this paragraph shall not of the corporation and provides a plan for im- or was convicted of a crime involving sexual apply to information relating to— provement, as necessary. misconduct with a minor in violation of applica- ‘‘(i) applicable federally mandated reporting ‘‘(G) A detailed description of any complaint ble law.’’. requirements; of retaliation made during such calendar year, (e) OFFICE OF THE ATHLETE OMBUDSMAN.— ‘‘(ii) a felony personally witnessed by a mem- including the entity involved, the number of al- Section 220509(b) of title 36, United States Code, ber of the Office of the Athlete Ombudsman; legations of retaliation, and the outcome of such is amended— ‘‘(iii) a situation, communicated to the Office allegations. (1) in the subsection heading, by striking of the Athlete Ombudsman, in which an indi- ‘‘(3) PUBLIC AVAILABILITY.—The corporation ‘‘OMBUDSMAN’’ and inserting ‘‘OFFICE OF THE vidual is at imminent risk of serious harm; or shall make each report under this subsection ATHLETE OMBUDSMAN’’; ‘‘(iv) a congressional subpoena. available to the public on an easily accessible (2) in paragraph (2)— ‘‘(E) DEVELOPMENT OF POLICY.— internet website of the corporation.’’; and (A) in subparagraph (A), by moving clauses (i) ‘‘(i) IN GENERAL.—Not later than 180 days (D) by adding at the end the following: through (iii) two ems to the right; after the date of the enactment of the Empow- ‘‘(b) AUDIT.— (B) by striking ‘‘(2)(A) The procedure’’ and ering Olympic and Amateur Athletes Act of 2019, ‘‘(1) IN GENERAL.—Not less frequently than inserting the following: the Office of the Athlete Ombudsman shall de- annually, the financial statements of the cor- ‘‘(2) HIRING PROCEDURES; VACANCY; TERMI- velop and publish in the Federal Register a con- poration for the preceding fiscal year shall be NATION.— fidentiality and privacy policy consistent with audited in accordance with generally accepted ‘‘(A) HIRING PROCEDURES.—The procedure’’; this paragraph. auditing standards by—

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‘‘(A) an independent certified public account- ‘‘(d) POLICY REGARDING TERMS AND CONDI- (C) in subsection (b), by striking ‘‘recog- ant; or TIONS OF EMPLOYMENT.—The corporation shall nizing’’ and inserting ‘‘certifying’’; ‘‘(B) an independent licensed public account- establish a policy— (D) in subsection (c), by striking ‘‘recog- ant who is certified or licensed by the regulatory ‘‘(1) not to disperse bonus or severance pay to nizing’’ and inserting ‘‘certifying’’; and authority of a State or a political subdivision of any individual named as a subject of an ethics (E) by amending subsection (d) to read as fol- a State. investigation by the ethics committee of the cor- lows: ‘‘(2) LOCATION.—An audit under paragraph poration, until such individual is cleared of ‘‘(d) REVIEW OF CERTIFICATION.—Not later (1) shall be conducted at the location at which wrongdoing by such investigation; and than 8 years after the date of the enactment of the financial statements of the corporation nor- ‘‘(2) that provides that— the Empowering Olympic and Amateur Athletes mally are kept. ‘‘(A) if the ethics committee determines that Act of 2019, and not less frequently than once ‘‘(3) ACCESS.—An individual conducting an an individual has violated the policies of the every 4 years thereafter, the corporation— audit under paragraph (1) shall be given full ac- corporation— ‘‘(1) shall review all matters related to the cess to— ‘‘(i) the individual is no longer entitled to continued certification of an organization as a ‘‘(A) all records and property owned or used bonus or severance pay previously withheld; national governing body; by the corporation, as necessary to facilitate the and ‘‘(2) may take action the corporation considers audit; and ‘‘(ii) the compensation committee of the cor- appropriate, including placing conditions on the ‘‘(B) any facility under audit for the purpose poration may reduce or cancel the withheld continued certification of an organization as a of verifying transactions, including any balance bonus or severance pay; and national governing body; or security held by a depository, fiscal agent, or ‘‘(B) in the case of an individual who is the ‘‘(3) shall submit to Congress a summary re- custodian. subject of a criminal investigation, the ethics port of each review under paragraph (1); and ‘‘(4) REPORT.— committee shall investigate the individual.’’. ‘‘(4) shall make each such summary report ‘‘(A) IN GENERAL.—Not later than 180 days (2) APPLICABILITY.—The amendment made by available to the public.’’. after the end of the fiscal year for which an paragraph (1) shall not apply to any term of em- (2) TECHNICAL AND CONFORMING AMEND- audit is carried out, the auditor shall submit a ployment for the disbursement of bonus or sever- MENTS.— report on the audit to the Committee on Com- ance pay that is in effect as of the day before (A) Chapter 2205 of title 36, United States merce, Science, and Transportation of the Sen- the date of the enactment of this Act. Code, is amended— (i) in section 220501(b), as amended by section ate, the Committee on Energy and Commerce of (h) ANNUAL AMATEUR ATHLETE SURVEY.— 5(b)(1), by amending paragraph (9) to read as the House of Representatives, and the chair of (1) IN GENERAL.—Subchapter I of chapter 2205 the Athletes’ Advisory Council. of title 36, United States Code, is amended by follows: ‘‘(9) ‘national governing body’ means an ama- ‘‘(B) MATTERS TO BE INCLUDED.—Each report adding at the end the following: teur sports organization, a high-performance under subparagraph (A) shall include the fol- ‘‘§ 220513. Annual amateur athlete survey lowing for the applicable fiscal year: management organization, or a paralympic ‘‘(i) Any statement necessary to present fairly ‘‘(a) IN GENERAL.—Not less frequently than sports organization that is certified by the cor- the assets, liabilities, and surplus or deficit of annually, the corporation shall enter into a poration under section 220521.’’; the corporation. contract with an independent third-party orga- (ii) in section 220504(b), by amending para- ‘‘(ii) An analysis of the changes in the nization to conduct an anonymous survey of graph (1) to read as follows: amounts of such assets, liabilities, and surplus amateur athletes who are actively engaged in ‘‘(1) national governing bodies, including or deficit. amateur athletic competition with respect to— through provisions that establish and maintain ‘‘(iii) A detailed statement of the income and ‘‘(1) their satisfaction with the corporation a National Governing Bodies’ Council that is expenses of the corporation, including the re- and the applicable national governing body; composed of representatives of the national gov- sults of any trading, manufacturing, publishing, and erning bodies who are selected by their boards of or other commercial endeavor. ‘‘(2) the behaviors, attitudes, and feelings directors or other governing boards to ensure ef- ‘‘(iv) A detailed statement of the amounts within the corporation and the applicable na- fective communication between the corporation spent on stipends and services for athletes. tional governing body relating to sexual harass- and the national governing bodies;’’; ‘‘(v) A detailed statement of the amounts ment and abuse. (iii) in section 220505(c), by amending para- spent on compensation and services for execu- ‘‘(b) CONSULTATION.—A contract under sub- graph (4) to read as follows: tives and administration officials of the corpora- section (a) shall require the independent third- ‘‘(4) certify national governing bodies for any tion, including the 20 employees of the corpora- party organization to develop the survey in con- sport that is included on the program of the tion who receive the highest amounts of com- sultation with the Center. Olympic Games, the Paralympic Games, or the pensation. ‘‘(c) PROHIBITION ON INTERFERENCE.—If the Pan-American Games;’’; ‘‘(vi) A detailed statement of the amounts al- corporation or a national governing body makes (iv) in section 220509(b)(2)(A), as designated located to the national governing bodies. any effort to undermine the independence of, by subsection 5(e)(4), by striking ‘‘paralympic ‘‘(vii) Such comments and information as the introduce bias into, or otherwise influence a sports organizations,’’; auditor considers necessary to inform Congress survey under subsection (a), the corporation or (v) in section 220512, by striking ‘‘or of the financial operations and condition of the the national governing body shall be decertified. paralympic sports organization’’; (vi) in section 220522— corporation. ‘‘(d) PUBLIC AVAILABILITY.— The corporation (I) by striking subsection (b); and ‘‘(viii) Recommendations relating to the finan- shall make the results of each such survey avail- able to the public on an internet website of the (II) in subsection (a)— cial operations and condition of the corporation. (aa) by striking ‘‘recognized’’ each place it ‘‘(ix) A description of any financial conflict of corporation.’’. appears and inserting ‘‘certified’’; interest (including a description of any recusal (2) CONFORMING AMENDMENT.—The table of sections for chapter 2205 of title 36, United (bb) by striking ‘‘recognition’’ each place it or other mitigating action taken), evaluated in a appears and inserting ‘‘certification’’; manner consistent with the policies of the cor- States Code, is amended by adding at the end of subchapter I the following: (cc) in paragraph (6), by inserting ‘‘, the poration, of— Paralympic Games,’’ after ‘‘the Olympic ‘‘(I) a member of the board of directors of the ‘‘220513. Annual amateur athlete survey.’’. Games’’; corporation; or SEC. 6. MODIFICATIONS TO NATIONAL GOV- (dd) in paragraph (11)— ‘‘(II) any senior management personnel of the ERNING BODIES. (AA) in the matter preceding subparagraph corporation. (a) CERTIFICATION OF NATIONAL GOVERNING (A), by inserting ‘‘, high-performance manage- ‘‘(C) PUBLIC AVAILABILITY.— BODIES.— ment organization, or paralympic sports organi- ‘‘(i) IN GENERAL.—The corporation shall make (1) IN GENERAL.—Section 220521 of title 36, zation’’ after ‘‘amateur sports organization’’; each report under this paragraph available to United States Code, is amended— and the public on an easily accessible internet (A) in the section heading, by striking ‘‘Rec- (BB) in subparagraph (B), by striking ‘‘ama- website of the corporation. ognition of amateur sports organizations as teur sports’’ and inserting ‘‘applicable’’; and ‘‘(ii) PERSONALLY IDENTIFIABLE INFORMA- national governing bodies’’ and inserting (ee) by striking the subsection designation and TION.—A report made available under clause (i) ‘‘Certification of national governing bodies’’; heading and all that follows through ‘‘An ama- shall not include the personally identifiable in- (B) by amending subsection (a) to read as fol- teur sports organization’’ and inserting ‘‘An formation of any individual.’’. lows: amateur sports organization, a high-perform- (2) CONFORMING AMENDMENT.—The table of ‘‘(a) IN GENERAL.—With respect to each sport ance management organization, or a paralympic sections for chapter 2205 of title 36, United included on the program of the Olympic Games, sports organization’’; States Code, is amended by striking the item re- the Paralympic Games, or the Pan-American (vii) in section 220524, by striking ‘‘amateur lating to section 220511 and inserting the fol- Games, the corporation— sports’’ each place it appears; lowing: ‘‘(1) may certify as a national governing body (viii) in section 220528— ‘‘220511. Reports and audits.’’. an amateur sports organization, a high-perform- (I) by striking ‘‘recognition’’ each place it ap- (g) POLICY WITH RESPECT TO BONUS AND SEV- ance management organization, or a paralympic pears and inserting ‘‘certification’’; ERANCE PAY.— sports organization that files an application and (II) by striking ‘‘recognize’’ each place it ap- (1) IN GENERAL.—Section 220507 of title 36, is eligible for such certification under section pears and inserting ‘‘certify’’; and United States Code, as amended by subsection 220522; and (III) in subsection (g), in the subsection head- (d), is further amended by adding at the end the ‘‘(2) may not certify more than 1 national gov- ing, by striking ‘‘RECOGNITION’’ and inserting following: erning body.’’; ‘‘CERTIFICATION’’;

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 6333 E:\CR\FM\A04AU6.003 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4692 CONGRESSIONAL RECORD — SENATE August 4, 2020 (ix) in section 220531— ‘‘(i) the corporation; and (1) by striking subsection (b); (I) by striking ‘‘, each national governing ‘‘(ii) the Athletes’ Advisory Council; and (2) in subsection (c), by striking ‘‘If the cor- body, and each paralympic sports organization’’ ‘‘(C) the voting power held by such individ- poration’’ and all that follows through ‘‘sub- each place it appears and inserting ‘‘and each uals is not less than 1⁄3 of the voting power held section (b)(1) of this section, it’’ and inserting national governing body’’; and by its board of directors and other such gov- ‘‘The corporation’’; and (II) in subsection (c)(2), by striking ‘‘each erning boards;’’; (3) by redesignating subsections (c) and (d) as paralympic sports organization,’’; (6) in paragraph (15), as so redesignated, by subsections (b) and (c), respectively. (x) in section 220541— striking ‘‘; and’’ and inserting a semicolon; (e) ENSURE LIMITATIONS ON COMMUNICATIONS (I) in subsection (a)— (7) in paragraph (16), as so redesignated, by ARE INCLUDED IN LIMITATIONS ON INTER- (aa) in paragraph (2), by striking ‘‘, each na- striking the period at the end and inserting a ACTIONS.—Section 220530(a) of title 36, United tional governing body, and each paralympic semicolon; and States Code, is amended— (8) by adding at the end the following: (1) in paragraph (2), by inserting ‘‘, including sports organization’’ and inserting ‘‘and each ‘‘(17) commits to submitting annual reports to communications,’’ after ‘‘interactions’’; and national governing body’’; and the corporation that include, for each calendar (2) in paragraph (4), by striking ‘‘makes’’ and (bb) in paragraph (3), by striking ‘‘and year— paralympic sports organizations’’; and ‘‘(A) a description of the manner in which the all that follows through the period at the end (II) in subsection (d)(3), by striking subpara- organization— and inserting the following: ‘‘makes— graph (C); ‘‘(i) carries out the mission to promote a safe ‘‘(A) a report under paragraph (1); or (xi) in section 220542— environment in sports that is free from abuse of ‘‘(B) any other report relating to abuse of any (I) by striking ‘‘or paralympic sports organi- amateur athletes (including emotional, physical, amateur athlete, including emotional, physical, zation’’ each place it appears; and and sexual abuse); and and sexual abuse.’’. (II) in subsection (a)(2)— ‘‘(ii) addresses any sanctions or temporary SEC. 7. MODIFICATIONS TO UNITED STATES CEN- (aa) in subparagraph (A), by striking ‘‘, a measures required by the Center; TER FOR SAFESPORT. paralympic sports organization,’’; ‘‘(B) a description of any cause of action or (a) NAME OF CENTER.— (bb) in subparagraph (E), by striking ‘‘or a complaint filed against the organization that (1) Subchapter IV of chapter 2205 of title 36, paralympic sports organization of each national was pending or settled during the preceding cal- United States Code, as redesignated by section governing body and paralympic sports organiza- endar year; and 4(a)(1), is amended in the subchapter heading tion’’; and ‘‘(C) a detailed statement of— by striking ‘‘SAFE SPORT’’ and inserting (cc) in subparagraph (F)(i)— ‘‘(i) the income and expenses of the organiza- ‘‘SAFESPORT’’. (AA) by striking ‘‘, or an adult’’ and inserting tion; and (2) Section 220541 of title 36, United States ‘‘or an adult’’; ‘‘(ii) the amounts expended on stipends, bo- Code, is amended— (BB) by striking ‘‘, paralympic sports organi- nuses, and services for amateur athletes, orga- (A) in the section heading by striking ‘‘SAFE zation,’’; and nized by the level and gender of the amateur SPORT’’ and inserting ‘‘SAFESPORT’’; and (CC) by striking ‘‘, paralympic sports organi- athletes; and (B) in subsection (a), in the matter preceding zations,’’. ‘‘(18) commits to meeting any minimum stand- paragraph (1), by striking ‘‘Safe Sport’’ and in- (B) The table of sections for chapter 2205 of ard or requirement set forth by the corpora- serting ‘‘SafeSport’’. title 36, United States Code, is amended by strik- tion.’’. (3) Paragraph (5) of section 220501(b) of title ing the item relating to section 220521 and in- (c) GENERAL DUTIES OF NATIONAL GOVERNING 36, United States Code, as redesignated by sec- serting the following: BODIES.—Section 220524 of title 36, United States tion 5(b)(1), is amended by striking ‘‘United Code, is amended— States Center for Safe Sport’’ and inserting ‘‘220521. Certification of national governing bod- (1) in the matter preceding paragraph (1), by ‘‘United States Center for SafeSport’’. ies.’’. striking ‘‘For the sport’’ and inserting the fol- (4) The table of sections for chapter 2205 of (b) ELIGIBILITY REQUIREMENTS WITH RESPECT lowing: title 36, United States Code, is amended by strik- TO GOVERNING BOARDS.—Section 220522 of title ‘‘(a) IN GENERAL.—For the sport’’; 36, United States Code, as amended by sub- (2) in subsection (a), as so designated— ing the item relating to section 220541 and in- section (a)(2), is further amended— (A) in paragraph (8), by striking ‘‘; and’’ and serting the following: (1) in paragraph (2), by inserting ‘‘, including inserting a semicolon; ‘‘220541. Designation of United States Center for the ability to provide and enforce required ath- (B) in paragraph (9), by striking the period at SafeSport.’’. lete protection policies and procedures’’ before the end and inserting a semicolon; and (b) LIST OF BARRED INDIVIDUALS; AUDIT AND the semicolon; (C) by adding at the end the following: COMPLIANCE.—Section 220541(a) of title 36, (2) in paragraph (5), in the matter preceding ‘‘(10) develop 1 or more policies that prohibit United States Code, is amended— subparagraph (A), by inserting ‘‘except with re- any individual who is an employee, contractor, (1) in paragraph (4), by striking ‘‘; and’’ and spect to the oversight of the organization,’’ after or agent of the national governing body from inserting a semicolon; ‘‘sport,’’; assisting a member or former member in obtain- (2) in paragraph (5), by striking the period at (3) by redesignating paragraphs (10) through ing a new job (except for the routine trans- the end and inserting a semicolon; and (15) as paragraphs (11) through (16), respec- mission of administrative and personnel files) if (3) by adding at the end the following: tively; the individual knows that such member or ‘‘(6) maintain an office for compliance and (4) by inserting after paragraph (9) the fol- former member violated the policies or proce- audit that shall— lowing: dures of the Center related to sexual misconduct ‘‘(A) ensure that the national governing bod- ‘‘(10) ensures that the selection criteria for in- or was convicted of a crime involving sexual ies and the corporation implement and follow dividuals and teams that represent the United misconduct with a minor in violation of applica- the policies and procedures developed by the States are— ble law or the policies or procedures of the Cen- Center to prevent and promptly report instances ‘‘(A) fair, as determined by the corporation in ter; of abuse of amateur athletes, including emo- consultation with the national governing bodies, ‘‘(11) promote a safe environment in sports tional, physical, and sexual abuse; and the Athletes’ Advisory Council, and the United that is free from abuse of any amateur athlete, ‘‘(B) establish mechanisms that allow for the States Olympians and Paralympians Associa- including emotional, physical, and sexual reporting and investigation of alleged violations tion; abuse; of such policies and procedures; and ‘‘(B) clearly articulated in writing and prop- ‘‘(12) take care to promote a safe environment ‘‘(7) publish and maintain a publicly acces- erly communicated to athletes in a timely man- in sports using information relating to any tem- sible internet website that contains a com- ner; and porary measure or sanction issued pursuant to prehensive list of adults who are barred by the ‘‘(C) consistently applied, using objective and the authority of the Center; Center.’’. ‘‘(13) immediately report to law enforcement subjective criteria appropriate to the applicable (c) LIMITATION ON LIABILITY.—Section any allegation of child abuse of an amateur sport;’’; 220541(d) of title 36, United States Code, as athlete who is a minor; and (5) by striking paragraph (13), as so redesig- amended by section 6(a)(2), is further amend- ‘‘(14) have in place policies and procedures to nated, and inserting the following: ed— report immediately any allegation of child abuse ‘‘(13) demonstrates, based on guidelines ap- (1) in paragraph (3), by inserting after sub- of an amateur athlete, consistent with— proved by the corporation, the Athletes’ Advi- ‘‘(A) the policies and procedures developed paragraph (B) the following: sory Council, and the National Governing Bod- under paragraph (3) of section 220541(a); and ‘‘(C) the corporation;’’; ies’ Council, that— ‘‘(B) the requirement described in paragraph (2) by redesignating paragraph (3) as para- ‘‘(A) its board of directors and other such gov- (2)(A) of section 220542(a).’’; and graph (4); and erning boards have established criteria and elec- (3) by adding at the end the following: (3) by inserting after paragraph (2) the fol- tion procedures for, and maintain among their ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this lowing: voting members, individuals who are— section shall be construed to preempt or other- ‘‘(3) REMOVAL TO FEDERAL COURT.— ‘‘(i) elected by amateur athletes; and wise abrogate the duty of care of a national ‘‘(A) IN GENERAL.—Any civil action brought in ‘‘(ii) actively engaged in amateur athletic governing body under State law or the common a State court against the Center relating to the competition in the sport for which certification law.’’. responsibilities of the Center under this section, is sought; (d) ELIMINATION OF EXHAUSTION OF REMEDIES section 220542, or section 220543, shall be re- ‘‘(B) any exception to such guidelines by such REQUIREMENT.—Section 220527 of title 36, United moved, on request by the Center, to the district organization has been approved by— States Code, is amended— court of the United States in the district in

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which the action was brought, and such district ‘‘(2) FUNDS FROM NATIONAL GOVERNING BOD- able to the corporation, including by with- court shall have original jurisdiction over the IES.—The corporation may use funds received holding funds from a national governing body, action without regard to the amount in con- from 1 or more national governing bodies to limiting the participation of the national gov- troversy or the citizenship of the parties in- make a mandatory payment required by para- erning body in corporation events, and decerti- volved. graph (1). fying a national governing body. ‘‘(B) RULE OF CONSTRUCTION.—Nothing in this ‘‘(3) FAILURE TO COMPLY.— ‘‘(iii) EFFECT OF NONCOMPLIANCE.—If the cor- chapter shall be construed to create a private ‘‘(A) IN GENERAL.—The Center may file a law- poration fails to enforce a corrective measure right of action.’’. suit to compel payment under paragraph (1). within 72 hours of a request under clause (i), (d) TRAINING MATERIALS; INDEPENDENCE; ‘‘(B) PENALTY.—For each day of late or in- the Center may submit to the Committee on FUNDING.—Section 220541 of title 36, United complete payment of a mandatory payment Commerce, Science, and Transportation of the States Code, is amended by adding at the end under paragraph (1) after January 1 of the ap- Senate and the Committee on Energy and Com- the following: plicable year, the Center shall be allowed to re- merce of the House of Representatives a report ‘‘(e) TRAINING MATERIALS.—The office for cover from the corporation an additional describing the noncompliance. education and outreach referred to in subsection $20,000. ‘‘(3) ANNUAL REPORT.— (a)(3) shall— ‘‘(4) ACCOUNTABILITY.— ‘‘(A) IN GENERAL.—Not less frequently than ‘‘(1) develop training materials for specific au- ‘‘(A) IN GENERAL.—Amounts transferred to the annually, the Center shall submit to Congress a diences, including coaches, trainers, doctors, Center by the corporation or a national gov- report on the findings of the audit under para- young children, adolescents, adults, and indi- erning body shall be used, in accordance with graph (1) for the preceding year and the status viduals with disabilities; and section 220503(15), primarily for the purpose of of any corrective measures imposed as a result ‘‘(2) not less frequently than every 3 years, carrying out the duties and requirements under of the audit. update such training materials. sections 220541 through 220543 with respect to ‘‘(B) PUBLIC AVAILABILITY.— ‘‘(i) IN GENERAL.—Each report under subpara- ‘‘(f) INDEPENDENCE.— the investigation and resolution of allegations of graph (A) shall be made available to the public. ‘‘(1) PROHIBITION WITH RESPECT TO FORMER sexual misconduct, or other misconduct, made ‘‘(ii) PERSONALLY IDENTIFIABLE INFORMA- EMPLOYEES AND BOARD MEMBERS.—A former em- by amateur athletes. TION.—A report made available to the public ployee or board member of the corporation or a ‘‘(B) USE OF FUNDS.— ‘‘(i) IN GENERAL.—Of the amounts made avail- shall not include the personally identifiable in- national governing body shall not work or vol- formation of any individual. unteer at the Center during the 2-year period able to the Center by the corporation or a na- tional governing body in a fiscal year for the ‘‘(i) RETALIATION.— beginning on the date on which the former em- ‘‘(1) PROHIBITION.—The Center (or any offi- purpose described in section 220503(15)— ployee or board member ceases employment with cer, employee, contractor, subcontractor, or ‘‘(I) not less than 50 percent shall be used for the corporation or national governing body. agent of the Center) may not retaliate against processing the investigation and resolution of ‘‘(2) ATHLETES SERVING ON BOARD OF DIREC- any protected individual because of any pro- TORS OF NATIONAL GOVERNING BODY.— allegations described in subparagraph (A); and ‘‘(II) not more than 10 percent may be used tected disclosure. ‘‘(A) IN GENERAL.—An athlete serving on the ‘‘(2) REPORTING, INVESTIGATION, AND ARBITRA- for executive compensation of officers and direc- board of directors of a national governing body TION.—The Center shall establish mechanisms tors of the Center. who is not otherwise employed by the national for the reporting, investigation, and resolution ‘‘(ii) RESERVE FUNDS.— governing body, may volunteer at, or serve in an (through binding third-party arbitration) of ‘‘(I) IN GENERAL.—If, after the Center uses the advisory capacity to, the Center. amounts as allocated under clause (i), the Cen- complaints of alleged retaliation against a pro- ‘‘(B) INELIGIBILITY FOR EMPLOYMENT.—An ter does not use the entirety of the remaining tected individual. athlete who has served on the board of directors ‘‘(3) DISCIPLINARY ACTION.—If the Center amounts for the purpose described in subpara- of a national governing body shall not be eligi- finds that an officer or employee of the Center graph (A), the Center may retain not more than ble for employment at the Center during the 2- (or any contractor, subcontractor, or agent of 25 percent of such amounts as reserve funds. year period beginning on the date on which the the Center) has retaliated against a protected ‘‘(II) RETURN OF FUNDS.—The Center shall re- athlete ceases to serve on such board of direc- individual, the Center shall take appropriate turn to the corporation and national governing tors. disciplinary action with respect to any such in- bodies any amounts, proportional to the con- ‘‘(3) CONFLICTS OF INTEREST.—An executive or dividual found to have retaliated against the tributions of the corporation and national gov- attorney for the Center shall be considered to protected individual. erning bodies, that remain after the retention have an inappropriate conflict of interest if the ‘‘(4) REMEDIES.— described in subclause (I). executive or attorney also represents the cor- ‘‘(A) IN GENERAL.—If the Center finds that an ‘‘(iii) LOBBYING AND FUNDRAISING.—Amounts officer or employee of the Center (or any con- poration or a national governing body. made available to the Center under this para- ‘‘(4) INVESTIGATIONS.— tractor, subcontractor, or agent of the Center) graph may not be used for lobbying or fund- ‘‘(A) IN GENERAL.—The corporation and the has retaliated against a protected individual, raising expenses. national governing bodies shall not interfere in, the Center shall promptly— ‘‘(h) COMPLIANCE AUDITS.— ‘‘(i) take affirmative action to abate the viola- or attempt to influence the outcome of, an inves- ‘‘(1) IN GENERAL.—Not less frequently than tigation. tion; annually, the Center shall carry out an audit of ‘‘(ii) reinstate the complainant to the former ‘‘(B) REPORT.—In the case of an attempt to the corporation and each national governing position with the same pay and terms and privi- interfere in, or influence the outcome of, an in- body— vestigation, not later than 72 hours after such leges; and ‘‘(A) to assess compliance with policies and ‘‘(iii) pay compensatory damages, including attempt, the Center shall submit to the Com- procedures developed under this subchapter; economic damages (including backpay with in- mittee on Commerce, Science, and Transpor- and terest) and any special damages sustained as a tation of the Senate and the Committee on En- ‘‘(B) to ensure that consistent training relat- result of the retaliation, including damages for ergy and Commerce of the House of Representa- ing to the prevention of child abuse is provided pain and suffering, reasonable attorney fees, tives a report describing the attempt. to all staff of the corporation and national gov- and costs. ‘‘(C) WORK PRODUCT.— erning bodies who are in regular contact with ‘‘(5) ENFORCEMENT ACTION AND PROCE- ‘‘(i) IN GENERAL.—Any decision, report, memo- amateur athletes and members who are minors DURES.— randum, work product, notes, or case file of the subject to parental consent. ‘‘(A) IN GENERAL.—If the Center has not Center— ‘‘(2) CORRECTIVE MEASURES.— issued a final decision within 180 days of the fil- ‘‘(I) shall be confidential; and ‘‘(A) IN GENERAL.—The Center may impose on ing of the complaint and there is no showing ‘‘(II) shall not be subject to discovery, sub- the corporation or a national governing body a that such delay is due to the bad faith of the poena, or any other means of legal compulsion corrective measure to achieve compliance with complainant, the complainant may bring an ac- in any civil action in which the Center is not a the policies and procedures developed under this tion at law or equity for de novo review in the party to the action. subchapter or the training requirement de- appropriate district court of the United States, ‘‘(ii) RULE OF CONSTRUCTION.—Nothing in this scribed in paragraph (1)(B). which shall have jurisdiction over such an ac- subparagraph shall be construed to prohibit the ‘‘(B) INCLUSIONS.—A corrective measure im- tion without regard to the amount in con- Center from providing work product described in posed under subparagraph (A) may include the troversy. clause (i) to a law enforcement agency for the implementation of an athlete safety program or ‘‘(B) JURY TRIAL.—A party to an action purpose of assisting in a criminal investigation. specific policies, additional compliance audits or brought under paragraph (A) shall be entitled to ‘‘(g) FUNDING.— training, and the imposition of a probationary trial by jury. ‘‘(1) MANDATORY PAYMENTS.— period. ‘‘(C) RELIEF.—The court shall have jurisdic- ‘‘(A) FISCAL YEAR 2020.—Not later than 30 days ‘‘(C) ENFORCEMENT.— tion to grant all relief under paragraph (4). after the date of the enactment of this sub- ‘‘(i) IN GENERAL.—On request by the Center, ‘‘(6) STATUTE OF LIMITATIONS.—An action section, the corporation shall make a mandatory the corporation shall— under paragraph (2) shall be commenced not payment of $20,000,000 to the Center for oper- ‘‘(I) enforce any corrective measure required later than 2 years after the date on which the ating costs of the Center for fiscal year 2020. under subparagraph (A); and violation occurs, or after the date on which the ‘‘(B) SUBSEQUENT FISCAL YEARS.—Beginning ‘‘(II) report the status of enforcement with re- protected individual became aware of the viola- on January 1, 2020, the corporation shall make spect to a national governing body within a rea- tion. a mandatory payment of $20,000,000 to the Cen- sonable timeframe. ‘‘(7) BURDENS OF PROOF.— An action under ter on January 1 each year for operating costs ‘‘(ii) METHODS.—The corporation may enforce paragraph (2) or (5) shall be governed as fol- of the Center. a corrective measure through any means avail- lows:

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‘‘(A) REQUIRED SHOWING BY COMPLAINANT.— ‘‘(B) A finding of whether an executive or at- ‘‘(I) authorizes the Center to take such action; The Center shall dismiss a complaint filed under torney for the Center has had an inappropriate or this subsection and shall not conduct an inves- conflict of interest during that year. ‘‘(II) declines or fails to act on, or fails to re- tigation unless the complainant makes a prima ‘‘(C) A finding of whether the corporation has spond to the Center with respect to, the allega- facie showing that any retaliation was a con- interfered in, or attempted to influence the out- tion within 72 hours after the time at which the tributing factor in the action alleged in the com- come of, an investigation by the Center. Center reports to law enforcement under sub- plaint. ‘‘(D) Any recommendations of the Comptroller paragraph (B);’’; ‘‘(B) CRITERIA FOR DETERMINATION BY ARBI- General for resolving any potential risks to the (iv) in subparagraph (F), as so redesignated, TRATION.—The arbitration may determine that a Center’s independence from the corporation. by inserting ‘‘, including communications,’’ violation of paragraph (1) has occurred only if ‘‘(3) AUTHORITY OF COMPTROLLER GENERAL.— after ‘‘interactions’’; the complainant demonstrates that the retalia- ‘‘(A) IN GENERAL.—The Comptroller General (v) by amending subparagraph (G), as so re- tion was a contributing factor in the action al- may take such reasonable steps as, in the view designated, to read as follows: leged in the complaint. of the Comptroller General, are necessary to be ‘‘(G) procedures to prohibit retaliation by the ‘‘(C) PROHIBITION.—Relief may not be ordered fully informed about the operations of the cor- corporation or any national governing body under paragraph (4) if the Center demonstrates poration and the Center. against any individual who makes— by clear and convincing evidence that the Cen- ‘‘(B) SPECIFIC AUTHORITIES.—The Comptroller ‘‘(i) a report under subparagraph (A) or (E); ter would have taken the same action in the ab- General shall have— or sence of that behavior. ‘‘(i) access to, and the right to make copies of, ‘‘(ii) any other report relating to abuse of any ‘‘(8) REVIEW.—Any person adversely affected any and all nonprivileged books, records, ac- amateur athlete, including emotional, physical, or aggrieved by an order issued under para- counts, correspondence, files, or other docu- and sexual abuse;’’; graph (4) may obtain review of the order in the ments or electronic records, including emails, of (vi) in subparagraph (H), as so redesignated, United States Court of Appeals for the circuit in officers, agents, and employees of the Center or by striking ‘‘; and’’ and inserting a semicolon; which the violation, with respect to which the the corporation; and (vii) in subparagraph (I), as so redesignated, order was issued, allegedly occurred or the cir- ‘‘(ii) the right to interview any officer, em- by striking the period at the end of clause (ii) cuit in which the complainant resided on the ployee, agent, or consultant of the Center or the and inserting a semicolon; and date of such violation. The petition for review corporation. (viii) by adding at the end the following: ‘‘(J) a prohibition on the use in a decision of must be filed not later than 60 days after the ‘‘(C) TREATMENT OF PRIVILEGED INFORMA- the Center under section 220541(a)(4) of any evi- date of the issuance of the arbitration decision TION.—If, under this subsection, the Comptroller dence relating to other sexual behavior or the of the Center. Review shall conform to chapter General seeks access to information contained sexual predisposition of the alleged victim, or 7 of title 5, United States Code. The commence- within privileged documents or materials in the the admission of any such evidence in arbitra- ment of proceedings under this subparagraph possession of the Center or the corporation, the tion, unless the probative value of the use or ad- shall not, unless ordered by the court, operate Center or the corporation, as the case may be, mission of such evidence, as determined by the as a stay of the order. shall, to the maximum extent practicable, pro- Center or the arbitrator, as applicable, substan- ‘‘(9) RIGHTS RETAINED BY EMPLOYEE.—Nothing vide the Comptroller General with the informa- in this section shall be deemed to diminish the tion without compromising the applicable privi- tially outweighs the danger of— ‘‘(i) any harm to the alleged victim; and rights, privileges, or remedies of any employee lege.’’. ‘‘(ii) unfair prejudice to any party; and (e) ADDITIONAL DUTIES.—Section 220542 of under any Federal or State law, or under any ‘‘(K) training for investigators on appropriate title 36, United States Code, is amended— collective bargaining agreement. methods and techniques for ensuring sensitivity ‘‘(10) NONENFORCEABILITY OF CERTAIN PROVI- (1) in the section heading, by striking the pe- toward alleged victims during interviews and SIONS WAIVING RIGHTS AND REMEDIES.—The riod at the end; and other investigative activities.’’. rights and remedies provided for in this section (2) in subsection (a)— (A) in paragraph (1), by striking ‘‘; and’’ and (f) RECORDS, AUDITS, AND REPORTS.—Section may not be waived by any agreement, policy 220543 of title 36, United States Code, is amend- form, or condition of employment. inserting a semicolon; and (B) in paragraph (2)— ed— ‘‘(11) PROTECTED INDIVIDUAL.—For purposes (1) by striking subsection (b) and inserting the of this subsection, a protected individual in- (i) in subparagraph (A), by striking clauses (i) and (ii) and inserting the following: following: cludes any official or employee of the Center ‘‘(b) AUDITS AND TRANSPARENCY.— ‘‘(i) law enforcement consistent with section and any contractor or subcontractor of the Cen- ‘‘(1) ANNUAL AUDIT.— 226 of the Victims of Child Abuse Act of 1990 (34 ter. ‘‘(A) IN GENERAL.—Not less frequently than ‘‘(j) REPORTS TO CORPORATION.—Not later U.S.C. 20341); and annually, the financial statements of the Center ‘‘(ii) the Center, whenever such members or than 30 days after the end of each calendar for the preceding fiscal year shall be audited by adults learn of facts leading them to suspect quarter that begins after the date of the enact- an independent auditor in accordance with gen- reasonably that an amateur athlete who is a ment of the Empowering Olympic and Amateur erally accepted accounting principles— Athletes Act of 2019, the Center shall submit to minor has suffered an incident of child abuse;’’; ‘‘(i) to ensure the adequacy of the internal the corporation a statement of the following: (ii) by redesignating subparagraphs (B) controls of the Center; and ‘‘(1) The number and nature of misconduct through (F) as subparagraphs (E) through (I), ‘‘(ii) to prevent waste, fraud, or misuse of complaints referred to the Center, by sport. respectively; funds transferred to the Center by the corpora- ‘‘(2) The number and type of pending mis- (iii) by inserting after subparagraph (A) the tion or the national governing bodies. conduct complaints under investigation by the following: ‘‘(B) LOCATION.—An audit under subpara- Center. ‘‘(B) a requirement that the Center shall im- graph (A) shall be conducted at the location at ‘‘(3) The number of misconduct complaints for mediately report to law enforcement consistent which the financial statements of the Center which an investigation was terminated or other- with section 226 of the Victims of Child Abuse normally are kept. wise closed by the Center. Act of 1990 (34 U.S.C. 20341) any allegation of ‘‘(C) REPORT.—Not later than 180 days after ‘‘(4) The number of such misconduct com- child abuse of an amateur athlete who is a the date on which an audit under subparagraph plaints reported to law enforcement agencies by minor, including any report of such abuse sub- (A) is completed, the independent auditor shall the Center for further investigation. mitted to the Center by a minor or by any per- issue an audit report. ‘‘(5) The number of discretionary cases accept- son who is not otherwise required to report such ‘‘(D) CORRECTIVE ACTION PLAN.— ed or declined by the Center, by sport. abuse; ‘‘(i) IN GENERAL.—On completion of the audit ‘‘(6) The average time required for resolution ‘‘(C) 1 or more policies that prohibit any indi- report under subparagraph (C) for a fiscal year, of such cases and misconduct complaints. vidual who is an employee, contractor, or agent the Center shall prepare, in a separate docu- ‘‘(7) Information relating to the educational of the Center from assisting a member or former ment, a corrective action plan that responds to activities and trainings conducted by the office member in obtaining a new job (except for the any corrective action recommended by the inde- of education and outreach of the Center during routine transmission of administrative and per- pendent auditor. the preceding quarter, including the number of sonnel files) if the individual knows that such ‘‘(ii) MATTERS TO BE INCLUDED.—A corrective educational activities and trainings developed member or former member violated the policies or action plan under clause (i) shall include the and provided. procedures of the Center related to sexual mis- following for each such corrective action: ‘‘(k) CERTIFICATIONS OF INDEPENDENCE.— conduct or was convicted of a crime involving ‘‘(I) The name of the person responsible for ‘‘(1) IN GENERAL.—Not later than 180 days sexual misconduct with a minor in violation of the corrective action. after the end of a fiscal year, the Comptroller applicable law; ‘‘(II) A description of the planned corrective General of the United States shall make avail- ‘‘(D) a requirement that the Center, including action. able to the public a certification relating to the any officer, agent, attorney, or staff member of ‘‘(III) The anticipated completion date of the Center’s independence from the corporation. the Center, shall not take any action to notify corrective action. ‘‘(2) ELEMENTS.—A certification required by an alleged perpetrator of abuse of an amateur ‘‘(IV) In the case of a recommended corrective paragraph (1) shall include the following: athlete of any ongoing investigation or accusa- action based on a finding in the audit report ‘‘(A) A finding of whether a violation of a tion unless— with which the Center disagrees, or for which prohibition on employment of former employees ‘‘(i) the Center has reason to believe an immi- the Center determines that corrective action is or board members of the corporation under sub- nent hazard will result from failing to so notify not required, an explanation and a specific rea- section (f) has occurred during the year pre- the alleged perpetrator; or son for noncompliance with the recommenda- ceding the certification. ‘‘(ii) law enforcement— tion.

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‘‘(2) ACCESS TO RECORDS AND PERSONNEL.— a political subdivision of a State, who meets the (f) STAFF.—The co-chairs of the Commission With respect to an audit under paragraph (1), standards specified in generally accepted ac- shall appoint an executive director of the Com- the Center shall provide the independent audi- counting principles.’’. mission, and such staff as appropriate, with tor access to all records, documents, and per- SEC. 8. EXEMPTION FROM AUTOMATIC STAY IN compensation. sonnel and financial statements of the Center BANKRUPTCY CASES. (g) PUBLIC HEARINGS.—The Commission shall necessary to carry out the audit. Section 362(b) of title 11, United States Code, hold 1 or more public hearings. ‘‘(3) PUBLIC AVAILABILITY.— is amended— (h) TRAVEL EXPENSES.—Members of the Com- ‘‘(A) IN GENERAL.—The Center shall make (1) in paragraph (27), by striking ‘‘and’’ at mission shall serve without pay, but shall re- available to the public on an easily accessible the end; ceive travel expenses in accordance with sec- internet website of the Center— (2) in paragraph (28), by striking the period at tions 5702 and 5703 of title 5, United States ‘‘(i) each audit report under paragraph (1)(C); the end and inserting ‘‘; and’’; and Code. ‘‘(ii) the Internal Revenue Service Form 990 of (3) by inserting after paragraph (28) the fol- (i) DUTIES OF COMMISSION.— the Center for each year, filed under section lowing: (1) STUDY.— 501(c) of the Internal Revenue Code of 1986; and ‘‘(29) under subsection (a)(1) of this section, of (A) IN GENERAL.—The Commission shall con- ‘‘(iii) the minutes of the quarterly meetings of any action by— duct a study on matters relating to the state of the board of directors of the Center. ‘‘(A) an amateur sports organization, as de- United States participation in the Olympic and ‘‘(B) PERSONALLY IDENTIFIABLE INFORMA- fined in section 220501(b) of title 36, to replace a Paralympic Games. TION.—An audit report or the minutes made national governing body, as defined in that sec- (B) MATTERS STUDIED.—The study under sub- available under subparagraph (A) shall not in- tion, under section 220528 of that title; or paragraph (A) shall include— clude the personally identifiable information of ‘‘(B) the corporation, as defined in section (i) a description of proposed reforms to the any individual. 220501(b) of title 36, to revoke the recognition of structure of the United States Olympic and ‘‘(4) RULE OF CONSTRUCTION.—For purposes of a national governing body, as defined in that Paralympic Committee; this subsection, the Center shall be considered a section, under section 220521 of that title.’’. private entity. (ii) an assessment as to whether the board of SEC. 9. ENHANCED CHILD ABUSE REPORTING. directors of the United States Olympic and ‘‘(c) REPORT.—The Center shall submit an an- Section 226(c)(9) of the Victims of Child Abuse nual report to Congress, including— Paralympic Committee includes diverse members, Act of 1990 (34 U.S.C. 20341(c)(9)) is amended— including athletes; ‘‘(1) a strategic plan with respect to the man- (1) by striking ‘‘adult who is authorized’’ and (iii) an assessment of United States athlete ner in which the Center shall fulfill its duties inserting the following: ‘‘adult who— participation levels in the Olympic and under sections 220541 and 220542; ‘‘(A) is authorized’’; ‘‘(2) a detailed description of the efforts made (2) in subparagraph (A), as so designated, by Paralympic Games; by the Center to comply with such strategic plan inserting ‘‘or’’ after the semicolon at the end; (iv) a description of the status of any United during the preceding year; and States Olympic and Paralympic Committee li- ‘‘(3) any financial statement necessary to (3) by adding at the end the following: censing arrangement; present fairly the assets, liabilities, and surplus ‘‘(B) is an employee or representative of the (v) an assessment as to whether the United or deficit of the Center for the preceding year; United States Center for SafeSport;’’. States is achieving the goals for the Olympic ‘‘(4) an analysis of the changes in the SEC. 10. COMMISSION ON THE STATE OF U.S. and Paralympic Games set by the United States amounts of such assets, liabilities, and surplus OLYMPICS AND PARALYMPICS. Olympic and Paralympic Committee; or deficit during the preceding year; (a) ESTABLISHMENT.—There is established (vi) an analysis of the participation in ama- ‘‘(5) a detailed description of Center activities, within the legislative branch a commission, to be teur athletics of— including— known as the ‘‘Commission on the State of U.S. (I) women; ‘‘(A) the number and nature of misconduct Olympics and Paralympics’’ (referred to in this (II) disabled individuals; and complaints referred to the Center; section as the ‘‘Commission’’). (III) minorities; ‘‘(B) the total number and type of pending (b) COMPOSITION.— (vii) a description of ongoing efforts by the misconduct complaints under investigation by (1) IN GENERAL.—The Commission shall be United States Olympic and Paralympic Com- the Center; composed of 16 members, of whom— mittee to recruit the Olympic and Paralympic ‘‘(C) the number of misconduct complaints for (A) 4 members shall be appointed by the chair- Games to the United States; which an investigation was terminated or other- man of the Committee on Commerce, Science, (viii) an evaluation of the functions of the na- wise closed by the Center; and and Transportation of the Senate; tional governing bodies (as defined in section ‘‘(D) the number of such misconduct com- (B) 4 members shall be appointed by the rank- 220502 of title 36, United States Code) and an plaints reported to law enforcement agencies by ing member of the Committee on Commerce, analysis of the responsiveness of the national the Center for further investigation; Science, and Transportation of the Senate; governing bodies to athletes with respect to the ‘‘(6) a detailed description of any complaint of (C) 4 members shall be appointed by the chair- duties of the national governing bodies under retaliation made during the preceding year by man of the Committee on Energy and Commerce section 220524(a)(3) of title 36, United States an officer or employee of the Center or a con- of the House of Representatives; and Code; and tractor or subcontractor of the Center that in- (D) 4 members shall be appointed by the rank- (ix) an assessment of the finances and the fi- cludes— ing member of the Committee on Energy and nancial organization of the United States Olym- ‘‘(A) the number of such complaints; and Commerce of the House of Representatives. pic and Paralympic Committee. ‘‘(B) the outcome of each such complaint; (2) CO-CHAIRS.—Of the members of the Com- (2) REPORT.— ‘‘(7) information relating to the educational mission— activities and trainings conducted by the office (A) IN GENERAL.—Not later than 270 days (A) 1 co-chair shall be designated by the after the date of the enactment of this Act, the of education and outreach of the Center during chairman of the Committee on Commerce, the preceding year, including the number of Commission shall submit to Congress a report on Science, and Transportation of the Senate; and the results of the study conducted under para- educational activities and trainings developed (B) 1 co-chair shall be designated by the graph (1), including a detailed statement of and provided; and chairman of the Committee on Energy and Com- findings, conclusions, recommendations, and ‘‘(8) a description of the activities of the Cen- merce of the House of Representatives. suggested policy changes. ter. (3) QUALIFICATIONS.— (B) PUBLIC AVAILABILITY.—The report re- ‘‘(d) DEFINITIONS.—In this section— (A) IN GENERAL.—Each member appointed to quired by subparagraph (A) shall be made avail- ‘‘(1) ‘audit report’ means a report by an inde- the Commission shall have— pendent auditor that includes— (i) experience in— able to the public on an internet website of the ‘‘(A) an opinion or a disclaimer of opinion (I) amateur or professional athletics; United States Government that is available to that presents the assessment of the independent (II) athletic coaching; the public. auditor with respect to the financial records of (III) public service relating to sports; or (j) POWERS OF COMMISSION.— the Center, including whether such records are (IV) professional advocacy for increased mi- (1) SUBPOENA AUTHORITY.—The Commission accurate and have been maintained in accord- nority participation in sports; or may subpoena an individual the testimony of ance with generally accepted accounting prin- (ii) expertise in bullying prevention and the whom may be relevant to the purpose of the ciples; promotion of a healthy organizational culture. Commission. ‘‘(B) an assessment of the internal controls (B) OLYMPIC OR PARALYMPIC ATHLETES.—Not (2) FURNISHING INFORMATION.—On request by used by the Center that describes the scope of fewer than 8 members appointed under para- the executive director of the Commission, the testing of the internal controls and the results of graph (1) shall be Olympic or Paralympic ath- head of a Federal agency shall furnish informa- such testing; and letes. tion to the Commission. ‘‘(C) a compliance assessment that includes an (c) INITIAL MEETING.—Not later than 30 days (k) TERMINATION OF COMMISSION.—The Com- opinion or a disclaimer of opinion as to whether after the date on which the last member is ap- mission shall terminate 90 days after the date on the Center has complied with the terms and con- pointed under paragraph (1), the Commission which the Commission submits the report under ditions of subsection (b); and shall hold an initial meeting. subsection (i)(2). ‘‘(2) ‘independent auditor’ means an inde- (d) QUORUM.—11 members of the Commission (l) AUTHORIZATION OF APPROPRIATIONS.— pendent certified public accountant or inde- shall constitute a quorum. There is authorized to be appropriated such pendent licensed public accountant, certified or (e) NO PROXY VOTING.—Proxy voting by mem- sums as may be necessary to carry out this sec- licensed by a regulatory authority of a State or bers of the Commission shall be prohibited. tion.

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PROTECTING ABUSE VICTIMS FROM RE- (1) in subsection (a), in the first sentence, by a violation of paragraph (1) has occurred only TALIATION. inserting ‘‘complaints of retaliation or’’ after if the complainant demonstrates that the retal- (a) DEFINITIONS.—Section 220501(b) of title 36, ‘‘relating to’’; and iation was a contributing factor in the action United States Code, as amended by section (2) by adding at the end the following: alleged in the complaint. 6(a)(2), is further amended— ‘‘(c) RETALIATION.— ‘‘(C) PROHIBITION.—Relief may not be ordered (1) by redesignating paragraphs (8), (9), and ‘‘(1) IN GENERAL.—The corporation, the na- under paragraph (4) if the corporation or na- (10) as paragraphs (9), (10), and (14), respec- tional governing bodies, or any officer, em- tional governing body, as applicable, dem- tively; and ployee, contractor, subcontractor, or agent of onstrates by clear and convincing evidence that (2) by inserting after paragraph (7) the fol- the corporation or a national governing body the corporation or national governing body lowing: may not retaliate against any protected indi- would have taken the same action in the ab- ‘‘(8) ‘covered entity’ means— vidual because of any protected disclosure. sence of that behavior. ‘‘(A) an officer or employee of the Center; ‘‘(2) REPORTING, INVESTIGATION, AND ARBITRA- ‘‘(8) REVIEW.—Any person adversely affected ‘‘(B) a coach, trainer, manager, adminis- TION.—The corporation shall establish mecha- or aggrieved by an order issued under para- trator, or other employee or official associated nisms for the reporting, investigation, and reso- graph (4) may obtain review of the order in the with the corporation or a national governing lution (through binding third-party arbitration) United States Court of Appeals for the circuit in body; of complaints of alleged retaliation. which the violation, with respect to which the ‘‘(C) the Department of Justice; ‘‘(3) DISCIPLINARY ACTION.—If the corporation order was issued, allegedly occurred or the cir- ‘‘(D) a Federal or State law enforcement au- finds that an officer or employee of the corpora- cuit in which the complainant resided on the thority; tion or a national governing body (or any con- date of such violation. The petition for review ‘‘(E) a Federal or State entity responsible for tractor, subcontractor, or agent of the corpora- shall be filed not later than 60 days after the receiving reports of child abuse; tion or a national governing body) has retali- date of the issuance of the arbitration decision ‘‘(F) the Equal Employment Opportunity ated against a protected individual, the corpora- of the corporation. Review shall conform to Commission or other State or Federal entity tion or national governing body, as applicable, chapter 7 of title 5, United States Code. The with responsibility over claims of sexual harass- shall take appropriate disciplinary action with commencement of proceedings under this para- ment; or respect to any such individual found to have re- ‘‘(G) any other person who the protected indi- graph shall not, unless ordered by the court, op- taliated against the protected individual. vidual reasonably believes has authority to in- erate as a stay of the order. ‘‘(4) REMEDIES.— ‘‘(9) RIGHTS RETAINED.—Nothing in this sub- vestigate or act on information relating to ‘‘(A) IN GENERAL.—If the corporation finds section shall be deemed to diminish the rights, abuse, including— that an officer or employee of the corporation or privileges, or remedies of any employee or other ‘‘(i) emotional, physical, or sexual abuse; and a national governing body (or any contractor, ‘‘(ii) sexual harassment.’’; and individual under any Federal or State law, or subcontractor, or agent of the corporation or a (3) by inserting after paragraph (10), as so re- under any collective bargaining agreement. national governing body) has retaliated against designated, the following: ‘‘(10) NONENFORCEABILITY OF CERTAIN PROVI- ‘‘(11) ‘protected disclosure’ means any lawful a protected individual, the corporation or na- SIONS WAIVING RIGHTS AND REMEDIES.—The act of a protected individual, or in the case of tional governing body, as applicable, shall rights and remedies provided for in this sub- a protected individual who is a minor, an indi- promptly— section may not be waived by any agreement, ‘‘(i) take affirmative action to abate the viola- vidual acting on behalf of a protected indi- policy form, or condition of employment or asso- tion; vidual— ciation with the corporation or a national gov- ‘‘(ii) reinstate the complainant to the former ‘‘(A) to provide information to, cause informa- erning body.’’. position with the same pay and terms and privi- tion to be provided to, or otherwise assist in an (c) ELIGIBILITY REQUIREMENTS FOR NATIONAL leges; and investigation by a covered entity (or to be per- GOVERNING BODIES.—Section 220522 of title 36, ‘‘(iii) pay compensatory damages, including ceived as providing information to, causing in- United States Code, as amended by section 6(b), economic damages (including backpay with in- formation to be provided to, or otherwise assist- is further amended— terest) and any special damages sustained as a ing in such an investigation) relating to abuse, (1) in clause (ii) of paragraph (17)(C), by result of the retaliation, including damages for including— striking ‘‘; and’’ and inserting a semicolon; ‘‘(i) emotional, physical, or sexual abuse; pain and suffering, reasonable attorney fees, (2) in paragraph (18), by striking the period at ‘‘(ii) sexual harassment; and and costs. the end and inserting ‘‘; and’’; and ‘‘(iii) a violation of anti-abuse policies, prac- ‘‘(B) REIMBURSEMENT FROM NATIONAL GOV- (3) by adding at the end the following: tices, and procedures established pursuant to ERNING BODY.—In the case of a national gov- ‘‘(19) provides protection from retaliation to paragraph (3) of section 220541(a) and para- erning body found to have retaliated against a protected individuals.’’. graph (2) of section 220542(a); protected individual, the corporation may de- SEC. 12. SEVERABILITY. ‘‘(B) to file, cause to be filed, testify, partici- mand reimbursement from the national gov- If any provision of this Act, or an amendment pate in, or otherwise assist in a proceeding filed erning body for damages paid by the corpora- made by this Act, is determined to be unenforce- or about to be filed (or be perceived as filing, tion under subparagraph (A). able or invalid, the remaining provisions of this causing to be filed, testifying, participating in, ‘‘(5) ENFORCEMENT ACTION AND PROCE- Act and the amendments made by this Act shall or otherwise assisting in such an investigation) DURES.— not be affected. ‘‘(A) IN GENERAL.—If the corporation has not relating to abuse, including— Mr. MORAN. Mr. President, I ask ‘‘(i) emotional, physical, or sexual abuse; issued a final decision within 180 days of the fil- ing of the complaint and there is no showing unanimous consent that the com- ‘‘(ii) sexual harassment; and mittee-reported substitute amendment ‘‘(iii) a violation of anti-abuse policies and that such delay is due to the bad faith of the procedures established pursuant to paragraph complainant, the complainant may bring an ac- be withdrawn and that the Moran sub- (3) of section 220541(a) and paragraph (2) of sec- tion at law or equity for de novo review in the stitute amendment at the desk be tion 220542(a); appropriate district court of the United States, agreed to; that the bill, as amended, be ‘‘(C) in communication with Congress; or which shall have jurisdiction over such an ac- considered read a third time and ‘‘(D) in the case of an amateur athlete, in tion without regard to the amount in con- passed; and that the motion to recon- troversy. communication with the Office of the Athlete sider be considered made and laid upon ‘‘(B) JURY TRIAL.—A party to an action Ombudsman. the table. ‘‘(12) ‘protected individual’ means any— brought under paragraph (A) shall be entitled to ‘‘(A) amateur athlete, coach, medical profes- trial by jury. The PRESIDING OFFICER. Is there sional, or trainer associated with the corpora- ‘‘(C) RELIEF.—The court shall have jurisdic- objection? tion or a national governing body; or tion to grant all relief under paragraph (4). Without objection, it is so ordered. ‘‘(B) any official or employee of the corpora- ‘‘(6) STATUTE OF LIMITATIONS.—An action The committee-reported amendment, tion, a national governing body, or a contractor under paragraph (2) shall be commenced not in the nature of a substitute, was with- or subcontractor of the corporation or a na- later than 2 years after the date on which the drawn. tional governing body. violation occurs, or after the date on which the The amendment (No. 2512), in the na- protected individual became aware of the viola- ‘‘(13) ‘retaliation’ means any adverse or dis- ture of a substitute, was agreed to. criminatory action, or the threat of an adverse tion. or discriminatory action, carried out against a ‘‘(7) BURDENS OF PROOF.— An action under (The amendment is printed in today’s protected individual because of any protected paragraph (2) or (5) shall be governed as fol- RECORD under ‘‘Text of Amendments.’’) disclosure, including— lows: The bill (S. 2330), as amended, was or- ‘‘(A) discipline; ‘‘(A) REQUIRED SHOWING BY COMPLAINANT.— dered to be engrossed for a third read- ‘‘(B) discrimination regarding pay, terms, or The corporation shall dismiss a complaint filed ing, was read the third time, and privileges; under this subsection and shall not conduct an passed. ‘‘(C) removal from a training facility; investigation unless the complainant makes a Mr. MORAN. Mr. President, it is an ‘‘(D) reduced coaching or training; prima facie showing that any retaliation was a ‘‘(E) reduced meals or housing; and contributing factor in the action alleged in the honor and privilege to be here on the ‘‘(F) removal from competition.’’. complaint. Senate floor today on this cause. (b) RESOLUTION OF DISPUTES.—Section 220509 ‘‘(B) CRITERIA FOR DETERMINATION BY THE AR- Young athletes across this country of title 36, United States Code, is amended— BITRATION.—The arbitration may determine that dedicate years, sometimes decades, of

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.003 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4697 their lives to earn their spot on the sional capacities to care for and pro- Most importantly, if there is anyone world stage representing the United tect these young men and women. who deserves thanks and gratitude, it States at the Olympics. Standing on The bipartisan effort of Senator is the athletes and survivors for their that podium, they should be proud of BLUMENTHAL and I culminated in pro- exceptional bravery—the bravery they their hard work that earned them that duction of a comprehensive investiga- demonstrated through their willing- place, the honor of wearing our flag’s tive report which is this document ness to share their stories, to tell what colors at the Games. But no athlete— here—a significant work for a serious happened to them, to talk to us and to no athlete—whether an amateur ath- challenge. It also resulted in S. 2330, talk to the rest of the world. This leg- lete or an Olympian, should have to en- the Empowering Olympic, Paralympic, islation and the prior investigation are dure abuse and mistreatment to pursue and Amateur Athletes Act, the bill we only possible because of the hundreds the sport they love. are on today. of courageous and selfless survivors Were it not for the pandemic, hun- This legislation is intended to who spoke out against abuse, shared dreds of our athletes would have been strengthen legal liabilities and ac- their stories, and offered input on how in Tokyo right now representing the countability mechanisms in the gov- we can create change to make certain United States of America at the Olym- ernance structure of the Olympics or- all future athletes can participate in pics. Even though our athletes are un- ganizations, restore a culture that puts the sports they love without fear of able to compete today, we owe it to athletes first through clear procedures abuse. them to create for future athletes and and reporting requirements, and fortify I especially want to recognize the future competitors a safe place in the independence and capabilities of athletes who we worked with and who which to compete. the U.S. Center for SafeSport through shared their circumstances with us Today’s passage of S. 2330 marks a dependable funding and oversight. during our committee hearings and in step toward providing effective safe- During the November 13, 2019, mark- a number of meetings and phone calls guards and protection to Olympic, up of this legislation, the Senate Com- over 21⁄2 years: Jordyn Wieber, Jamie Paralympic, and amateur athletes merce, Science, and Transportation Dantzscher, Aly Raisman, McKayla across the Nation. Committee, our colleagues provided Maroney, Maggie Nichols, Rachael On January 25, 2018, the day after Dr. thoughtful input through amendments Denhollander, Jeanette Antolin, Emily Larry Nassar was sentenced to life in to strengthen this legislation. As such, Goetz, Jessica Howard, Sarah Klein, prison, as chairman of the Commerce I take this moment to thank my col- Kaylee Lorincz, Morgan McCaul, Han- Subcommittee on Manufacturing, leagues—Senator CANTWELL, Senator nah Morrow, Bridie Farrell, and Craig Trade, and Consumer Protection, with PETERS, Senator GRASSLEY, and Sen- Maurizi. jurisdiction and oversight over the ator THUNE—for their efforts in im- We told these survivors that while health and safety of amateur athletes, proving the legislation to put us in the powerful institutions had failed them I opened an investigation with my position that we are in today. in the past, we—our subcommittee, the ranking member, Senator I specifically thank Senator LEE for committee, and the Senate—were not BLUMENTHAL, into how the U.S. Gym- his input in the markup and his contin- going to. I would also like to thank the nastics, the U.S. Olympic and ued contribution to the legislation to staff and individuals who have advo- Paralympic Committee, and Michigan improve the processes governed by the cated for our athletes. State University allowed girls and bill. Additionally, Senator GARDNER’s On my staff: George Redden, Mat- young women to be assaulted and leadership on this legislation was para- thew Beccio, Tom Bush, Mark Crowley, abused over two decades. mount to S. 2330’s successful passage Conor McGrath, Morgan Said, Trent Nassar was ultimately sentenced to just a few moments ago. Senator GARD- Kennedy, Angela Lingg, Miranda 40 to 175 years in prison for his heinous NER’s own legislation to establish a Moore, and Thomas Brandt. crimes, but the fight to overhaul a sys- commission to study the broader issues On Senator WICKER’s staff: Olivia tem that had allowed him to evade jus- within the Olympic and Paralympic Trusty, Chapin Gregor, Tyler Levins, tice and accountability was far, far movements strengthens our ability to Crystal Tully, and John Keast. from over. guide future oversight efforts. Senator And on Senator THUNE’s staff: Peter Over the next 18 months, we con- GARDNER’s support for this package Feldman, Jason Van Beek, and Nick ducted hundreds of interviews with was critical. Rossi. athlete survivors, reviewed over 70,000 I would be remiss not to thank Sen- Despite the Olympics being post- pages of documents, and held 4 sub- ator WICKER, the chairman of the full poned and everything that is going on committee hearings, including listen- committee, for his continued support around the world today, I am grateful ing to the horrific stories from sur- as the jurisdictional chairman of the that we were able to deliver good news vivors, issuing subpoenas to leaders Senate Commerce, Science, and Trans- and take this step today. We are not who failed these athletes, watching portation Committee from the early done. We intend to keep that promise those who were charged to protect stages of this effort, and the support of and get this bill across the finish line. them plead the Fifth, and even refer- his predecessor, Senator THUNE, then We now will continue to work with ring witnesses to the Justice Depart- the chairman of the Commerce Com- our colleagues in the House of Rep- ment for failure to tell the truth. mittee, who was fundamental in this resentatives and the White House to Senator BLUMENTHAL and I stood in effort gaining the momentum it needed ensure the timely consideration and the Russell Senate Office Building with to get us to the point we are at now. enactment of the Empowering Olym- more than 80 courageous survivors of Finally, this entire effort would not pic, Paralympic, and Amateur Athletes abuse. Some of these women had been have been possible if not for the tire- Act of 2020. One is too many, but why assaulted by Nassar while competing at less and thorough work of Senator was there ever more than one? May we the Olympics, some while training with BLUMENTHAL and his staff. Serving as never have to ask that question again the national team, others while attend- chairman and ranking member of the and may there never be one in the first ing Michigan State. One by one, they same Commerce subcommittee has al- place. told us the organizations that were lowed us to work on a number of im- I yield to the ranking member, the supposed to protect them had failed portant issues and legislative items to- Senator from Connecticut. them. gether, but I can honestly say this ef- The PRESIDING OFFICER. The Sen- One person’s abuse is too much, but fort could very well be one of the most ator from Connecticut. the question asked that day by one of important bipartisan efforts and pieces Mr. BLUMENTHAL. Mr. President, I the athletes was, Why was there more of legislation resulting therefrom that am here with profound gratitude and than one? That question has stayed I have been a part of as a U.S. Senator. pride—first of all, gratitude to Senator with me since it was spoken. Not only I thank Senator BLUMENTHAL for his MORAN for his leadership, his vision, do we condemn the abuse, but we con- leadership and his team’s efforts, his courage, and his steadfastness on a demn those who allowed it to continue, again, to see that these survivors’ an- journey that had many bumps. This who failed in their responsibilities as swers could be attained and their safe- task was far from easy intellectually, human beings as well as in their profes- ty protected in the future. legally, politically, and emotionally.

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.015 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4698 CONGRESSIONAL RECORD — SENATE August 4, 2020 He stayed with it, and he demonstrated failed by Michigan State University, by tional survivors who have chosen not the spirit of bipartisanship that I think the FBI, and by local police depart- to be identified publicly by name. will enable us, as partners, to achieve ments. Given the monumental abdica- They, too, contributed to this cause, more but also perhaps to reflect a tion of responsibility from countless and they, too, deserve to be recognized, model that this body may take in the people in power, no one could have as do survivors in the future who will future, even as we go through one of blamed them for surrendering hope come forward under the tools and the most difficult periods in the his- that change was possible. But against mechanisms that we are establishing tory of the Senate. those odds, they persevered, and they today. They should be recognized, val- I hope that the work that we have are the reason that we have passed this ued, and cherished for their courage in done on this bill, which affects real bill today. They stood with us—phys- the future, as well as the past. lives and real people who suffered such ically stood with us—on so many occa- Over these past years, Senator grievous harm—and I will begin where sions, evoking their suffering and pain. MORAN and I heard again and again and he ended and say that the heroes here I ask unanimous consent that the again that the USOPC and the NGBs are really the athletes and survivors. names of 140 of the Larry Nassar sur- have failed their athletes at every As extraordinary as is their perform- vivors be printed in the RECORD with turn. Men and women in these organi- ance on the field of athletic endeavor my remarks so that history will for- zations knew what was happening, and and as wonderful as is their prowess ever remember their bravery and they did nothing. They already had a and their grace, what will last in his- strength. legal duty under the law to report what tory as their enduring legacy will be There being no objection, the mate- was going on. Clearly, laying out in the the courage and strength they showed rial was ordered to be printed in the law what should be obvious—that you us again and again and again. They re- RECORD, as follows: must report allegations of sexual mis- lived one of the most deeply tragic and LIST OF SURVIVORS OF LARRY NASSAR’S conduct involving minors—was not painful chapters of their lives. ABUSE enough for them. They betrayed not As much as they celebrated victories Kyle Stephens, Jessica Thomashow, only their trust to these athletes but Chelsey Markham, Jade Capua, Alexis in gymnastics and other sports, they their legal and moral responsibilities. endured the abuse—emotional, phys- Moore, Olivia Cowan, Rebecca Mark, Beth- any Bauman, Kate Mahon, Danielle Moore, The bill that we have passed today ical, and other abuse—from coaches Marion Siebert, Annette Hill, Taylor Ste- provides for enforcement and deter- and trainers whom they trusted. They vens, Amanda Cormier, Jennifer Rood Bed- rence, and it gives Congress essential put their trust in people who betrayed ford, Nicole Soos, Ashley Erickson, Melissa oversight tools to assure that the U.S. them. It was more than just one Imrie, Megan Halicek, Katelyn Skrabis, Olympic and Paralympic Committee coach—Larry Nassar. It was more than Brianne Randall. and NGBs will comply with the height- just one sport—gymnastics. It was Anna Ludes, Lindsey Schuett, Maggie ened standards that this bill spells out. more than just 1 year or one episode, Nichols, Tiffany Thomas Lopez, Jeanette Antolin, Amanda Thomashow, Gwen Ander- No one in these organizations can plau- and it was more than just one form of son, Amanda Barterian, Jaime Doski, sibly claim ignorance now of the duty abuse. Jenelle Moul, Madeleine Jones, Kayla to report these heinous crimes, and, if Larry Nassar became the face of a Spicher, Jennifer Hayes, Nicole Walker, they try, Congress has the ability and pattern of systemic failure and abuse, Chelsea Williams, Stephanie Robinson, responsibility to intervene. and he reflected a culture of putting Carrie Hogan, Helena Weick, Taryn Look. This bill also ensures that SafeSport, medals and money above the lives of Jamie Dantzscher, McKayla Maroney, the organization tasked with inves- Lindsey Lemke, Nicole Reeb, Lyndsy Gamet, athletes, prioritizing those tangible tigating and adjudicating reports of signs of victory above the human lives Taylor Cole, Jessica Smith, Arianna Guer- rero, Melody Posthuma Van der Veen, Chris- athlete abuse, has the resources and that were impacted so adversely. Sys- tine Harrison, Kristen Thelen, Katie Ras- independence it needs to do its vital temic failures were reflected in Larry mussen, Jessica Tarrant, Mary Fisher- work. The U.S. Olympic and Nassar’s success in terrorizing these Follmer, Jordyn Wieber, Chelsea Zerfas, Paralympic Committee should play no young athletes, and it affected other Samantha Ursch, Kara Johnson, Maddie role in determining how much money trainers and other coaches who simi- Johnson, Marie Anderson. the organization charged with inves- larly betrayed trust. It affected other Amy Labadie, Ashley Yost, Aly Raisman, tigating its members’ worst crimes will sports: figure skating, swimming, as Kassie Powell, Megan Ginter, Katherine Gor- don, Katelynne Hall, Anya Gillengerten, receive each year or how that organiza- well as gymnastics. None were immune Kaylee McDowell, Lindsay Woolever, Hannah tion is run. Once this bill is signed into from the sexual, physical, or emotional Morrow, Bayle Pickel, Alexis Alvarado, Mor- law, SafeSport will be independent of abuse. gan McCaul, Trenea Gonzcar, Larissa Boyce, the resource and other powers that Almost exactly a year ago, Senator Bailey Lorencen, Valerie Webb, Whitney have prevailed in the past. MORAN and I issued the report that he Mergens, Marta Stern, Clasina Syrovy. The bill enacts numerous other re- just showed on the floor of the Senate Emma Ann Miller, Amanda Smith, Taylor forms that ensure that athlete safety Livingston, Presley Allison, Kamerin Moore, showing that this investigation into and well-being are prioritized in the sexual abuse in gymnastics and the Krista Wakeman, Samantha Daniels, Alliree Gingerich, Megan Farnsworth, Kourtney Olympic movement. It assures that Olympic movement should lead to a Weidner, Charla Burill, Lauren Michalak, morals and athletes’ interests are put bill. I thank not only Senator MORAN Vanasia Bradley, Breanne Rata, Erin first and that medals and money do not for his partnership but also other col- McCann, Catherine Hannum, Jessica Chedler take the place of athletes and their in- leagues, as he has mentioned: Senator Rodriguez, Morgan Margraves, Whitney terests. WICKER, Senator THUNE, Senator SHA- Burns, Isabell Hutchins. I want to finish by stressing the ur- HEEN, Senator FEINSTEIN, as well as Meaghan Ashcraft, Natalie Woodland, gency of this task. I urge the House to Jillian Swinehart, Alison Chauvette, Anne Senator PETERS and Senator CORTEZ Dayton, Olivia Venuto, Mattie Larson, Jes- follow our model here and move in a bi- MASTO. Each of them provided very im- sica Howard, Alexandra Romano, Arianna partisan way to enact these measures. portant assistance in this effort. Castillo, Selena Brennan, Makayla Thrush, The Tokyo Games have been delayed But most importantly—and I simply Emily Morales, Abigail Mealy, Ashley until next year, but it is essential that cannot say it enough times—the real Bremer, Brooke Hylek, Abigayle Bergeron, our framework go into effect as soon as heroes here are the athletes who shared Emily Meinke, Morgan Valley, Christina possible and that athletes be given the their stories and stood steadfast in the Barba. protection they need and deserve. The face of betrayals from the very organi- Amanda McGeachie, Sterling Riethman, urgency of this task should be shared zations that were supposed to protect Kaylee Lorinez, Rachel Denholander, Simone Biles, Gabby Douglas, Rebecca Whitehurst, by the House. them. These survivors were failed at Jennifer Millington Bott, Victoria Carlson, My hope is that the survivors of every level by their doctors, by their Nicole Hamiester, Cassidea Avery, Emily these horrible abuses, who have waited coaches, by the U.S. Olympic and Vincent, Erika Davis, Julia Epple, Angela years for this act, will see it happen Paralympic Committee, and by the na- Stewart, Meaghan Williams, Kristin Nagle, during this session and as soon as pos- tional governing boards of their indi- Alyssa Zalenski, Kelsey Morris. sible. vidual sports. The gymnasts who sur- Mr. BLUMENTHAL. Mr. President, I I want to say finally how grateful I vived Larry Nassar’s abuse were also would like to recognize the 193 addi- am to my staff. Thank you to Anna Yu,

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.017 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4699 Madeline Daly, Adam Bradlow, Subhan authorities, and it is helping survivors ical theater and thought it was more Cheema, Natalie Mathes, Charlotte obtain justice and protect our young important than assisting Americans Schwartz, Colleen Bell, and Maria athletes. who have been struggling to make ends McElwain. Senator MORAN and Senator meet. Once again, he led the way and I want to join in thanking Senator BLUMENTHAL then launched an 18- used hard-working Arizonans and MORAN’s staff. Our staffs worked to- month bipartisan investigation into Americans as pawns in a political gether with the teamwork that I think the failures of the U.S. Olympic organi- game. can also provide a model for this body. zation. They found that these gov- For the many Arizonans who are out Finally, this act is profoundly impor- erning bodies also failed to protect of work right now, this is not a game. tant to the future of Olympic athletes their athletes from acts of abuse com- So here I am again, asking for a simple and sports generally in our country. In mitted by coaches and other powerful extension through the end of this week effect, it says that trainers and coach- individuals within their organization. I so that Arizonans don’t see an inter- es, the organizations that represent am delighted that they have led the ruption to these benefits as we work them—the organizations that are sup- way and that Congress has continued through our differences. Again, I ask: posed to care for athletes should do to focus on this issue to protect the Who could possibly be against this? their jobs and keep their trust for courageous young athletes across the While some States continue expanded these athletes; protect them, not be- country who have come forward to tell checks after they expired on Friday for tray them; put them ahead of whatever their horrific stories. a few weeks, Arizonans got their last the other tangible signs of success may This bill strengthens legal liability one. These Arizonans live in my neigh- be, medals or money. It would depend against the Olympic and amateur borhood. They live on my street. They on protective, strong enforcement and sports governing bodies for the sexual worked paycheck to paycheck before on deterrence. abuses perpetrated by coaches and em- this pandemic hit, and then they My hope is that we will look back on ployees, and it gives the athletes great- couldn’t work. this day and say that it transformed er representation on these governing These Arizonans are people we know, this athletic endeavor; that it was a boards. It will also ensure that Con- like the single mom of two from Phoe- transformative moment; that it gress conducts more systemic over- nix who for the first time in her life changed the culture, not just the rule; sight. It will strengthen reporting had to rely on unemployment to sur- that it changed the way sports in the mandates for adults with knowledge of vive. She is the owner of a catering United States are played; and that it abuse allegations. These young ath- business. She has seen her income drop embodied the best values of competi- letes who train to represent our coun- drastically, as weddings and large tion and athletics in our great country. try at the top levels of competition events continue to be canceled. The Thank you. and, indeed, those at all levels of com- $840 she collected a week on unemploy- I yield the floor. petition and those who aspire to com- ment is helping her get through, keep- The PRESIDING OFFICER. The Sen- pete should never have to fear victim- ing her afloat, keeping her business ator from Kansas. ization by trusted coaches and sports and her family afloat to care for her Mr. MORAN. Mr. President, I would officials. two sons, one of whom is autistic and like to recognize the efforts of Senator I, too, commend the young athletes requires significant support. COLLINS, the Senator from Maine, her with whom DIANNE FEINSTEIN and I I am pleading with my fellow Sen- substantive and persistent endeavors met and who have worked so closely ators: As we work through our dif- throughout our process to see that a with Senators MORAN and BLUMENTHAL ferences, let’s extend her benefit for 1 just and right result occurs. for coming forward. These survivors week. Who could possibly be against I yield to the Senator from Maine. have told their stories. We are now her? The PRESIDING OFFICER. The Sen- going to make a difference for them Last week I heard from another sin- ator from Maine. and for future athletes. gle mother of three who lives in Tuc- Ms. COLLINS. Mr. President, let me I hope this legislation will be enacted son. She told me she is terrified of fall- begin by thanking my two colleagues, and signed into law very soon. ing into poverty because she is forced Senator MORAN and Senator Thank you. to live on $240 a week. The extra that BLUMENTHAL, for their tremendous The PRESIDING OFFICER. The Sen- we provided during this once-in-a-cen- leadership on the Empowering Olym- ator from Arizona. tury pandemic helped her pay her bills pic, Paralympic, and Amateur Ath- Ms. MCSALLY. Mr. President, I ask and make ends meet. letics Act. I am very proud to be a co- unanimous consent that Senator I am imploring my fellow Senators to sponsor of their bill. This shows what WYDEN and I be able to complete our extend her benefits, to keep her afloat the Senate can do when we work to- remarks prior to the recess. for 1 week while we work through our gether to accomplish such a critical The PRESIDING OFFICER. Without differences, to address what we need to goal. I salute both of them. objection, it is so ordered. do to fight this pandemic, to defeat This bill takes effective action to end f this virus, which we will, and provide the negligent behavior by some mem- the economic support and the recovery bers of the U.S. Olympic Committee UNANIMOUS CONSENT REQUEST we need, because America will emerge and the amateur athletic organizations Ms. MCSALLY. Mr. President, 5 days stronger from this. We need to work that oversee Olympic sports that have, ago, I stood before you and this body through those differences. Let’s just on far too many occasions, failed to and urged our fellow Senators to reach extend this for a week. Who could pos- protect young athletes from truly hor- across the aisle and find agreement on sibly be against her? rific instances of abuse. how we can best help millions of Amer- Arizona seniors are also suffering. A Right after the Larry Nassar scandal icans who have lost their livelihoods 70-year-old man in Arizona drove for broke, Senator FEINSTEIN and I intro- through no fault of their own due to Uber and Lyft before the pandemic hit. duced the Protecting Young Victims this once-in-a-century pandemic. I He can no longer safely drive strangers from Sexual Assault and Abuse Act. made a simple request for Senators to throughout Phoenix given his high-risk Members of the USA Gymnastics team be pragmatic, to meet in the middle, status. He, too, benefited from the ex- gave powerful and compelling testi- and to expand the unemployment bene- tended unemployment. That additional mony before the Senate Judiciary fits through Friday—for 7 days—while week will really make a difference for Committee about the abuses they had Congress continues to work through him. Again, I ask my fellow Senators: suffered and endured. We learned more our differences and comes up with a so- Who could possibly be against his get- about the horrific acts, the crimes lution. ting those benefits for another week? committed by Larry Nassar against the I asked: Who could possibly be These are just three of the countless members of the USA Gymnastics team. against this? Well, it turns out the mi- stories I have heard from Arizonians. Our bill, which became law in 2018, nority leader came to the floor person- They are pleading with Congress to put required prompt reporting of every al- ally in order to object. The Senator the bickering and the dysfunction aside legation of sexual abuse to the proper from New York decided to play polit- and work together.

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