134 STAT. 943 PUBLIC LAW 116–189—OCT. 30, 2020 Public Law 116–189 116th Congress An Act To amend the Ted Stevens Olympic and Amateur Sports Act to provide for congres- sional oversight of the board of directors of the United States Olympic and Paralympic Committee and to protect amateur athletes from emotional, physical, and sexual abuse, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020’’. SEC. 2. FINDINGS. Congress makes the following findings: (1) The courageous voice of survivors is a call to action to end emotional, physical, and sexual abuse in the Olympic and Paralympic movement. (2) Larry Nassar, the former national team doctor for USA Gymnastics, sexually abused over 300 athletes for over two decades because of ineffective oversight by USA Gymnastics and the United States Olympic Committee. (3) While the case of Larry Nassar is unprecedented in scale, the case is hardly the only recent incident of sexual abuse in amateur sports. (4) Survivors of Larry Nassar’s abuse and all survivors of abuse in the Olympic and Paralympic movement deserve justice and redress for the wrongs the survivors have suffered. (5) After a comprehensive congressional investigation, including interviews and statements from survivors, former and current organization officials, law enforcement, and advo- cates, Congress found that the United States Olympic Com- mittee and USA Gymnastics fundamentally failed to uphold their existing statutory purposes and duty to protect amateur athletes from sexual, emotional, or physical abuse. (6) USA Gymnastics and the United States Olympic Com- mittee knowingly concealed abuse by Larry Nassar, leading to the abuse of dozens of additional amateur athletes during the period beginning in the summer of 2015 and ending in September 2016. (7) Ending abuse in the Olympic and Paralympic movement requires enhanced oversight to ensure that the Olympic and Paralympic movement does more to serve athletes and protect their voice and safety. 36 USC 220501 note. Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020. 36 USC 101 note. Oct. 30, 2020 [S. 2330] VerDate Sep 11 2014 15:37 Nov 03, 2020 Jkt 019139 PO 00189 Frm 00001 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL189.116 PUBL189 134 STAT. 944 PUBLIC LAW 116–189—OCT. 30, 2020 SEC. 3. DEFINITIONS. Section 220501(b) of title 36, United States Code, is amended— (1) in paragraph (4), by striking ‘‘United States Center for Safe Sport’’ and inserting ‘‘United States Center for SafeSport’’; (2) in paragraph (6), by striking ‘‘United States Olympic Committee’’ and inserting ‘‘United States Olympic and Paralympic Committee’’; (3) by amending paragraph (8) to read as follows: ‘‘(8) ‘national governing body’ means an amateur sports organization, a high-performance management organization, or a paralympic sports organization that is certified by the corpora- tion under section 220521.’’; (4) by striking paragraph (9); (5) by redesignating paragraphs (4), (5), (6), (7), (8), and (10) as paragraphs (5), (6), (7), (8), (9), and (12), respectively; (6) by inserting after paragraph (3) the following: ‘‘(4) ‘Athletes’ Advisory Council’ means the entity estab- lished and maintained under section 220504(b)(2)(A) that— ‘‘(A) is composed of, and elected by, amateur athletes to ensure communication between the corporation and cur- rently active amateur athletes; and ‘‘(B) serves as a source of amateur-athlete opinion and advice with respect to policies and proposed policies of the corporation.’’; and (7) by inserting after paragraph (9), as so redesignated, the following: ‘‘(10) ‘protected individual’ means any amateur athlete, coach, trainer, manager, administrator, or official associated with the corporation or a national governing body. ‘‘(11) ‘retaliation’ means any adverse or discriminatory action, or the threat of an adverse or discriminatory action, including removal from a training facility, reduced coaching or training, reduced meals or housing, and removal from com- petition, carried out against a protected individual as a result of any communication, including the filing of a formal com- plaint, by the protected individual or a parent or legal guardian of the protected individual relating to the allegation of physical abuse, sexual harassment, or emotional abuse, with— ‘‘(A) the Center; ‘‘(B) a coach, trainer, manager, administrator, or official associated with the corporation; ‘‘(C) the Attorney General; ‘‘(D) a Federal or State law enforcement authority; ‘‘(E) the Equal Employment Opportunity Commission; or ‘‘(F) Congress.’’. SEC. 4. MODERNIZATION OF THE TED STEVENS OLYMPIC AND AMA- TEUR SPORTS ACT. (a) IN GENERAL.—Chapter 2205 of title 36, United States Code, is amended— (1) in the chapter heading, by striking ‘‘UNITED STATES OLYMPIC COMMITTEE’’ and inserting ‘‘UNITED STATES OLYMPIC AND PARALYMPIC COMMITTEE’’; (2) in section 220502, by amending subsection (c) to read as follows: 36 USC 220501 prec. VerDate Sep 11 2014 15:37 Nov 03, 2020 Jkt 019139 PO 00189 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL189.116 PUBL189 134 STAT. 945 PUBLIC LAW 116–189—OCT. 30, 2020 ‘‘(c) REFERENCES TO UNITED STATES OLYMPIC ASSOCIATION AND UNITED STATES OLYMPIC COMMITTEE.—Any reference to the United States Olympic Association or the United States Olympic Committee is deemed to refer to the United States Olympic and Paralympic Committee.’’; (3) in section 220503— (A) in paragraph (3), by striking ‘‘and the Pan-Amer- ican Games’’ each place it appears and inserting ‘‘the Pan- American Games, and the Parapan American Games’’; and (B) in paragraph (4), by striking ‘‘and Pan-American Games’’ and inserting ‘‘the Pan-American Games, and the Parapan American Games’’; (4) in section 220504(b)(3), by striking ‘‘or the Pan-Amer- ican Games’’ and inserting ‘‘the Pan-American Games, or the Parapan American Games’’; (5) in section 220505(c)— (A) in paragraph (3), by striking ‘‘and the Pan-Amer- ican Games’’ and inserting ‘‘the Pan-American Games, and the Parapan American Games’’; (B) by amending paragraph (4) to read as follows: ‘‘(4) certify national governing bodies for any sport that is included on the program of the Olympic Games, the Paralympic Games, the Pan-American Games, or the Parapan American Games;’’; and (C) in paragraph (5), by inserting ‘‘the Parapan Amer- ican Games,’’ after ‘‘the Pan-American Games,’’; (6) in section 220506— (A) in subsection (a)— (i) in paragraph (1), by striking ‘‘United States Olympic Committee’’ and inserting ‘‘United States Olympic and Paralympic Committee’’; (ii) in paragraph (2), by striking ‘‘3 TaiGeuks’’ and inserting ‘‘3 Agitos’’; and (iii) in paragraph (4), by inserting ‘‘ ‘Parapan Amer- ican’,’’ after ‘‘ ‘Pan-American’,’’; (B) in subsection (b), by inserting ‘‘the Parapan Amer- ican team,’’ after ‘‘the Pan-American team,’’; and (C) in subsection (c)(3), by striking ‘‘or Pan-American Games activity’’ and inserting ‘‘Pan-American, or Parapan American Games activity’’; (7) in section 220509(a)— (A) in the first sentence, by inserting ‘‘the Parapan American Games,’’ after ‘‘the Pan-American Games,’’; and (B) in the second sentence, by striking ‘‘or the Pan- American Games’’ and inserting ‘‘the Pan-American Games, or the Parapan American Games’’; (8) in section 220512, by striking ‘‘and Pan-American Games’’ and inserting ‘‘Pan-American Games, and Parapan American Games’’; (9) in section 220523(a), by striking ‘‘and the Pan-American Games’’ each place it appears and inserting ‘‘the Pan-American Games, and the Parapan American Games’’; (10) in section 220528(c)— (A) in subparagraph (A), by striking ‘‘or in both the Olympic and Pan-American Games’’ and inserting ‘‘or in each of the Olympic Games, the Paralympic Games, the VerDate Sep 11 2014 15:37 Nov 03, 2020 Jkt 019139 PO 00189 Frm 00003 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL189.116 PUBL189 134 STAT. 946 PUBLIC LAW 116–189—OCT. 30, 2020 Pan-American Games, and the Parapan American Games’’; and (B) by amending subparagraph (B) to read as follows: ‘‘(B) any Pan-American Games or Parapan American Games, for a sport in which competition is held in the Pan-American Games or the Parapan American Games, as applicable, but not in the Olympic Games or the Paralympic Games.’’; and (11) in section 220531, by striking ‘‘United States Olympic Committee’’ each place it appears and inserting ‘‘United States Olympic and Paralympic Committee’’. (b) CONFORMING AMENDMENT.—The table of chapters for part B of subtitle II of title 36, United States Code, is amended by striking the item relating to chapter 2205 and inserting the fol- lowing: ‘‘2205. United States Olympic and Paralympic Committee .............................................................................................. 220501’’. SEC. 5. CONGRESSIONAL OVERSIGHT OF UNITED STATES OLYMPIC AND PARALYMPIC COMMITTEE AND NATIONAL GOVERNING BODIES. (a) IN GENERAL.—Chapter 2205 of title 36, United States Code, is amended— (1) by redesignating the second subchapter designated as subchapter III (relating to the United States Center for SafeSport), as added by section 202 of the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 (Public Law 115–126; 132 Stat. 320) as subchapter IV; and (2) by adding at the end the following: ‘‘SUBCHAPTER V—DISSOLUTION OF BOARD OF DIRECTORS OF CORPORATION AND TERMINATION OF RECOGNITION OF NATIONAL GOVERNING BODIES ‘‘§ 220551. Definitions ‘‘In this subchapter, the term ‘joint resolution’ means a joint resolution— ‘‘(1) which does not have a preamble; and ‘‘(2) for which— ‘‘(A)(i) the title is only as follows: ‘A joint resolution to dissolve the board of directors of the United States Olympic and Paralympic Committee’; and ‘‘(ii) the matter after the resolving clause— ‘‘(I) is as follows: ‘That Congress finds that dis- solving the board of directors of the United States Olympic and Paralympic Committee would not unduly interfere with the operations of chapter 2205 of title 36, United States Code’; and ‘‘(II) prescribes adequate procedures for forming a board of directors of the corporation as expeditiously as possible and in a manner that safeguards the mem- bership and voting power of the representatives of amateur athletes at all times, consistent with the mem- bership and voting power of amateur athletes under section 220504(b)(2); or 36 USC 220551. 36 USC 220551 prec. 36 USC 220541 prec. 36 USC 101 prec. VerDate Sep 11 2014 15:37 Nov 03, 2020 Jkt 019139 PO 00189 Frm 00004 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL189.116 PUBL189 134 STAT. 947 PUBLIC LAW 116–189—OCT. 30, 2020 ‘‘(B)(i) the title is only as follows: ‘A joint resolution relating to terminating the recognition of a national gov- erning body’; and ‘‘(ii) the matter after the resolving clause is only as follows: ‘That Congress determines that lllllllll, which is recognized as a national gov- erning body under section 220521 of title 36, United States Code, has failed to fulfill its duties, as described in section 220524 of title 36, United States Code’, the blank space being filled in with the name of the applicable national governing body. ‘‘§ 220552. Dissolution of board of directors of corporation and termination of recognition of national gov- erning bodies ‘‘(a) DISSOLUTION OF BOARD OF DIRECTORS OF CORPORATION.— Effective on the date of enactment of a joint resolution described in section 220551(2)(A) with respect to the board of directors of the corporation, such board of directors shall be dissolved. ‘‘(b) TERMINATION OF RECOGNITION OF NATIONAL GOVERNING BODY.—Effective on the date of enactment of a joint resolution described in section 220551(2)(B) with respect to a national gov- erning body, the recognition of the applicable amateur sports organization as a national governing body shall cease to have force or effect.’’. (b) TECHNICAL AND CONFORMING AMENDMENTS.—The table of sections for chapter 2205 of title 36, United States Code, is amended— (1) by striking the second item relating to subchapter III (relating to the United States Center for SafeSport), as added by section 202 of the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 (Public Law 115–126; 132 Stat. 320) and inserting the following: ‘‘SUBCHAPTER IV—UNITED STATES CENTER FOR SAFESPORT’’; AND (2) by adding at the end the following: ‘‘SUBCHAPTER V—DISSOLUTION OF BOARD OF DIRECTORS OF CORPORATION AND TERMINATION OF RECOGNITION OF NATIONAL GOVERNING BODIES ‘‘220551. Definitions. ‘‘220552. Dissolution of board of directors of corporation and termination of recogni- tion of national governing bodies.’’. (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on the date that is 1 year after the date of the enactment of this Act. SEC. 6. MODIFICATIONS TO UNITED STATES OLYMPIC AND PARALYMPIC COMMITTEE. (a) PURPOSES OF THE CORPORATION.—Section 220503 of title 36, United States Code, is amended— (1) in paragraph (9), by inserting ‘‘and access to’’ after ‘‘development of’’; (2) in paragraph (14), by striking ‘‘; and’’ and inserting a semicolon; (3) in paragraph (15), by striking the period at the end and inserting ‘‘; and’’; and (4) by adding at the end the following: 36 USC 220551 note. 36 USC 220501 prec. Effective dates. 36 USC 220552. VerDate Sep 11 2014 15:37 Nov 03, 2020 Jkt 019139 PO 00189 Frm 00005 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL189.116 PUBL189 134 STAT. 948 PUBLIC LAW 116–189—OCT. 30, 2020 ‘‘(16) to effectively oversee the national governing bodies with respect to compliance with and implementation of the policies and procedures of the corporation, including policies and procedures on the establishment of a safe environment in sports as described in paragraph (15).’’. (b) MEMBERSHIP AND REPRESENTATION.—Section 220504 of title 36, United States Code, is amended— (1) in subsection (a), by inserting ‘‘, and membership shall be available only to national governing bodies’’ before the period at the end; (2) in subsection (b), by amending paragraph (2) to read as follows: ‘‘(2) amateur athletes who are actively engaged in amateur athletic competition or who have represented the United States in international amateur athletic competition, including through provisions that— ‘‘(A) establish and maintain an Athletes’ Advisory Council; ‘‘(B) ensure that the chair of the Athletes’ Advisory Council, or the designee of the chair, holds voting power on the board of directors of the corporation and in the committees and entities of the corporation; [Text truncated for display. Full text available on Congress.gov.]