A bill to amend the Ted Stevens Olympic and Amateur Sports Act to improve the transparency of the United States Center for Safe Sport, to provide grant accountability, and to protect victims of abuse from retaliation, and for other purposes.

II 116TH CONGRESS 1ST SESSION S. 2838 To amend the Ted Stevens Olympic and Amateur Sports Act to improve the transparency of the United States Center for Safe Sport, to provide grant accountability, and to protect victims of abuse from retaliation, and for other purposes. IN THE SENATE OF THE UNITED STATES NOVEMBER 12, 2019 Mr. GRASSLEY (for himself, Ms. ERNST, Mrs. BLACKBURN, Mr. SULLIVAN, Ms. MURKOWSKI, and Mr. PERDUE) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Ted Stevens Olympic and Amateur Sports Act to improve the transparency of the United States Center for Safe Sport, to provide grant accountability, and to protect victims of abuse from retaliation, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 02:33 Nov 14, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2838.IS S2838 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 2838 IS SECTION 1. IMPROVING TRANSPARENCY OF THE UNITED 1 STATES CENTER FOR SAFE SPORT. 2 (a) FUNDING ACCOUNTABILITY.—Section 220541 of 3 title 36, United States Code, is amended by adding at the 4 end the following: 5 ‘‘(e) FUNDING ACCOUNTABILITY.— 6 ‘‘(1) IN GENERAL.—Amounts transferred to the 7 Center by the corporation or a national governing 8 body shall be used primarily for the investigation 9 and resolution of allegations of sexual misconduct, 10 or other misconduct, made by amateur athletes af- 11 filiated with the corporation, a national governing 12 body, or a paralympic sports organization, in accord- 13 ance with section 220503(15). 14 ‘‘(2) USE OF FUNDS.— 15 ‘‘(A) IN GENERAL.—Of the amounts made 16 available to the Center by the corporation or a 17 national governing body in a fiscal year for the 18 purpose described in section 220503(15)— 19 ‘‘(i) not less than 50 percent shall be 20 used for processing the investigation and 21 resolution of allegations described in para- 22 graph (1); 23 ‘‘(ii) not more than 10 percent may be 24 used for executive compensation of officers 25 and directors of the Center; and 26 VerDate Sep 11 2014 02:33 Nov 14, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2838.IS S2838 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 2838 IS ‘‘(iii) not more than 20 percent may 1 be used for administrative expenses of the 2 Center, except that the reasonable travel 3 expenses of investigative personnel of the 4 Center and litigation expenses of the Cen- 5 ter shall not be counted toward such 6 amount. 7 ‘‘(B) RESERVE FUNDS.— 8 ‘‘(i) IN GENERAL.—If, after the Cen- 9 ter uses the amounts as allocated under 10 subparagraph (A), the Center does not use 11 the entirety of the remaining amounts for 12 the purpose described in paragraph (1), 13 the Center may retain not more than 25 14 percent of such amounts as reserve funds. 15 ‘‘(ii) RETURN OF FUNDS.—The Cen- 16 ter shall return to the corporation and na- 17 tional governing bodies any amounts, pro- 18 portional to the contributions of the cor- 19 poration and national governing bodies, 20 that remain after the retention described 21 in clause (i). 22 ‘‘(C) LOBBYING AND FUNDRAISING.— 23 Amounts made available to the Center under 24 VerDate Sep 11 2014 02:33 Nov 14, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2838.IS S2838 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 2838 IS this paragraph may not be used for lobbying or 1 fundraising expenses. 2 ‘‘(3) CONFERENCES AND TRAINING.—The Cen- 3 ter shall, to the maximum extent practicable, seek 4 reimbursement for the reasonable expenses associ- 5 ated with hosting or supporting conferences for, and 6 providing training or technical assistance to, individ- 7 uals who are not employees of the Center.’’. 8 (b) RECORDS, AUDITS, AND REPORTS.—Section 9 220543 of title 36, United States Code, is amended— 10 (1) by striking subsection (b) and inserting the 11 following: 12 ‘‘(b) AUDITS AND TRANSPARENCY.— 13 ‘‘(1) ANNUAL AUDIT.— 14 ‘‘(A) IN GENERAL.—Not less frequently 15 than annually, the financial statements of the 16 Center for the preceding fiscal year shall be au- 17 dited by an independent auditor in accordance 18 with generally accepted accounting principles— 19 ‘‘(i) to ensure the adequacy of the in- 20 ternal controls of the Center; and 21 ‘‘(ii) to prevent waste, fraud, or mis- 22 use of funds transferred to the Center by 23 the corporation or the national governing 24 bodies. 25 VerDate Sep 11 2014 02:33 Nov 14, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2838.IS S2838 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 2838 IS ‘‘(B) LOCATION.—An audit under sub- 1 paragraph (A) shall be conducted at the loca- 2 tion at which the financial statements of the 3 Center normally are kept. 4 ‘‘(C) REPORT.—Not later than 180 days 5 after the date on which an audit under sub- 6 paragraph (A) is completed, the independent 7 auditor shall issue an audit report. 8 ‘‘(D) CORRECTIVE ACTION PLAN.— 9 ‘‘(i) IN GENERAL.—On completion of 10 the audit report under subparagraph (C) 11 for a fiscal year, the Center shall prepare, 12 in a separate document, a corrective action 13 plan that responds to any corrective action 14 recommended by the independent auditor. 15 ‘‘(ii) MATTERS TO BE INCLUDED.—A 16 corrective action plan under clause (i) shall 17 include the following for each such correc- 18 tive action: 19 ‘‘(I) The name of the person re- 20 sponsible for the corrective action. 21 ‘‘(II) A description of the 22 planned corrective action. 23 ‘‘(III) The anticipated completion 24 date of the corrective action. 25 VerDate Sep 11 2014 02:33 Nov 14, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2838.IS S2838 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 2838 IS ‘‘(IV) In the case of a rec- 1 ommended corrective action based on 2 a finding in the audit report with 3 which the Center disagrees, or for 4 which the Center determines that cor- 5 rective action is not required, an ex- 6 planation and a specific reason for 7 noncompliance with the recommenda- 8 tion. 9 ‘‘(2) ACCESS TO RECORDS AND PERSONNEL.— 10 With respect to an audit under paragraph (1), the 11 Center shall provide the independent auditor access 12 to all records, documents, and personnel and finan- 13 cial statements of the Center necessary to carry out 14 the audit. 15 ‘‘(3) PUBLIC AVAILABILITY.— 16 ‘‘(A) IN GENERAL.—The Center shall 17 make available to the public on an easily acces- 18 sible internet website of the Center— 19 ‘‘(i) each audit report under para- 20 graph (1)(C); and 21 ‘‘(ii) the Internal Revenue Service 22 Form 990 of the Center for each year filed 23 under section 501(c) of the Internal Rev- 24 enue Code of 1986. 25 VerDate Sep 11 2014 02:33 Nov 14, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2838.IS S2838 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 2838 IS ‘‘(B) PERSONALLY IDENTIFIABLE INFOR- 1 MATION.—An audit report or the minutes made 2 available under subparagraph (A) shall not in- 3 clude the personally identifiable information of 4 any individual. 5 ‘‘(4) RULE OF CONSTRUCTION.—For purposes 6 of this subsection, the Center shall be considered a 7 private entity. 8 ‘‘(c) PETITIONS FOR EQUITABLE RELIEF.—The At- 9 torney General may petition in the United States District 10 Court for the District of Columbia for removal of officers 11 and directors of the Center, as may be necessary or appro- 12 priate, if the Center— 13 ‘‘(1) engages in, or threatens to engage in, any 14 act, practice, or policy that is materially inconsistent 15 with the purpose described in section 220503(15); or 16 ‘‘(2) refuses, fails, or neglects to discharge, or 17 threatens to refuse, fail, or neglect to discharge, the 18 obligations of the Center to protect the safety of 19 amateur athletes under this chapter. 20 ‘‘(d) REPORT.—The Center shall submit an annual 21 report to Congress, including— 22 ‘‘(1) a strategic plan with respect to the man- 23 ner in which the Center shall fulfill its duties under 24 sections 220541 and 220542; 25 VerDate Sep 11 2014 00:24 Nov 19, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2838.IS S2838 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 2838 IS ‘‘(2) a detailed description of the efforts made 1 by the Center to comply with such strategic plan 2 during the preceding year; 3 ‘‘(3) any financial statement necessary to 4 present fairly the assets, liabilities, and surplus or 5 deficit of the Center for the preceding year; 6 ‘‘(4) an analysis of the changes in the amounts 7 of such assets, liabilities, and surplus or deficit dur- 8 ing the preceding year; 9 ‘‘(5) a detailed description of Center activities, 10 including— 11 ‘‘(A) the number and nature of misconduct 12 complaints referred to the Center; 13 ‘‘(B) the total number and type of pending 14 misconduct complaints under investigation by 15 the Center; 16 ‘‘(C) the number of misconduct complaints 17 for which an investigation was terminated or 18 otherwise closed by the Center; and 19 ‘‘(D) the number of such misconduct com- 20 plaints reported to law enforcement agencies by 21 the Center for further investigation; 22 ‘‘(6) information relating to the educational ac- 23 tivities and trainings conducted by the office of edu- 24 cation and outreach of the Center during the pre- 25 VerDate Sep 11 2014 02:33 Nov 14, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2838.IS S2838 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 2838 IS ceding year, including the number of educational ac- 1 tivities and trainings developed and provided; and 2 ‘‘(7) a description of the activities of the Cen- 3 ter. 4 ‘‘(e) DEFINITIONS.—In this section— 5 ‘‘(1) ‘audit report’ means a report by an inde- 6 pendent auditor that includes— 7 ‘‘(A) an opinion or a disclaimer of opinion 8 that presents the assessment of the independent 9 auditor with respect to the financial records of 10 the Center, including whether such records are 11 accurate and have been maintained in accord- 12 ance with generally accepted accounting prin- 13 ciples; 14 ‘‘(B) an assessment of the internal controls 15 used by the Center that describes the scope of 16 testing of the internal control and the results of 17 such testing; and 18 ‘‘(C) a compliance assessment that in- 19 cludes an opinion or a disclaimer of opinion as 20 to whether the Center has complied with the 21 terms and conditions of subsection (b); and 22 ‘‘(2) ‘independent auditor’ means an inde- 23 pendent certified public accountant or independent 24 licensed public accountant, certified or licensed by a 25 VerDate Sep 11 2014 00:24 Nov 19, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2838.IS S2838 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 2838 IS regulatory authority of a State or a political subdivi- 1 sion of a State, who meets the standards specified 2 in generally accepted accounting principles.’’. 3 SEC. 2. GRANT ACCOUNTABILITY. 4 Section 220531 of title 36, United States Code, is 5 amended by adding at the end the following: 6 ‘‘(e) GRANT ACCOUNTABILITY.— 7 ‘‘(1) LIMITATIONS ON FUNDING.—The Attorney 8 General may not award a grant under this section 9 to an entity that holds amounts in an offshore ac- 10 count for the purpose of avoiding payment of the tax 11 described in section 511(a) of the Internal Revenue 12 Code of 1986. 13 ‘‘(2) TRANSPARENCY.— 14 ‘‘(A) IN GENERAL.—As a condition of re- 15 ceiving funds under this section, an entity shall 16 include in an application for a grant— 17 ‘‘(i) a description of the process by 18 which the entity determines the compensa- 19 tion of the officers, directors, trustees, and 20 key employees of the entity, including any 21 independent individual involved in review- 22 ing and approving such compensation; 23 ‘‘(ii) the comparability data used in 24 such process; and 25 VerDate Sep 11 2014 02:33 Nov 14, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2838.IS S2838 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 2838 IS ‘‘(iii) contemporaneous substantiation 1 of the deliberation and decision with re- 2 spect to such compensation. 3 ‘‘(B) PUBLIC AVAILABILITY.—On request, 4 the Attorney General shall make the informa- 5 tion disclosed under subparagraph (A) available 6 for public inspection. 7 ‘‘(3) LIMITATIONS ON CONFERENCE EXPENDI- 8 TURES.— 9 ‘‘(A) IN GENERAL.—Except as provided in 10 subparagraph (B), not more than $50,000 of 11 grant funds provided to an entity under this 12 section may be used to host or support a con- 13 ference. 14 ‘‘(B) EXCEPTION.—An entity may use 15 more than $50,000 of grant funds provided 16 under this section to host or support a con- 17 ference if the Director of the Office of Justice 18 Programs— 19 ‘‘(i) authorizes such additional ex- 20 pense in writing; and 21 ‘‘(ii) provides a written cost estimate 22 for the conference, including the cost of 23 food, beverages, audio-visual equipment, 24 honoraria for speakers, and entertainment. 25 VerDate Sep 11 2014 02:33 Nov 14, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2838.IS S2838 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 2838 IS ‘‘(4) AVOIDANCE OF DUPLICATIVE FEDERAL 1 GRANTS.— 2 ‘‘(A) IN GENERAL.—The Attorney General 3 shall assess whether a potential grant award to 4 an entity under this section would result in an 5 overlap or a duplication of Federal grant 6 awards. 7 ‘‘(B) REPORT.—If the Attorney General 8 awards a grant under this section to an entity 9 in a fiscal year for which the entity receives any 10 other Federal grant for a substantially similar 11 purpose, the Attorney General shall submit to 12 the Committee on the Judiciary of the Senate 13 and the Committee on the Judiciary of the 14 House of Representatives a report that in- 15 cludes— 16 ‘‘(i) a description of each grant 17 awarded to the entity in such fiscal year 18 that results in an overlap or a duplication 19 in Federal grant awards, including the 20 total amount of each such grant award; 21 and 22 ‘‘(ii) a justification for awarding an 23 overlapping or a duplicative grant.’’. 24 VerDate Sep 11 2014 02:33 Nov 14, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2838.IS S2838 pamtmann on DSKBC07HB2PROD with BILLS 13 •S 2838 IS SEC. 3. PROTECTING ABUSE VICTIMS FROM RETALIATION. 1 (a) DEFINITIONS.—Section 220501(b) of title 36, 2 United States Code, is amended— 3 (1) by redesignating paragraphs (7) through 4 (9) and (10) as paragraphs (8) through (10) and 5 (13), respectively; 6 (2) by inserting after paragraph (6) the fol- 7 lowing: 8 ‘‘(7) ‘covered entity’ means— 9 [Text truncated for display. Full text available on Congress.gov.]