§ 220543. Records, audits, and reports

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2018

   Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017

   Pub. L. 115–126 title II § 202(a) · 132 Stat. 318

   Enacted · 36 U.S.C. § 220543

   Added Pub. L. 115–126, title II, § 202(a), Feb. 14, 2018, 132 Stat. 323

   Source evidence

   Code source credit
   Added Pub. L. 115–126, title II, § 202(a), Feb. 14, 2018, 132 Stat. 323

   Enacted provision · exact public law section
   (a) In General.— Chapter 2205 of title 36, United States Code, is amended by adding at the end the following: “Subchapter III— United States Center for Safe Sport “§ 220541. Designation of United States Center for Safe Sport “(a) In General.— The United States Center for Safe Sport shall— “(1) serve as the independent national safe sport organization and be recognized worldwide as the independent national safe sport organization for the United States; “(2) exercise jurisdiction over the corporation, each national governing body, and each paralympic sports organization with regard to safeguarding amateur athletes against abuse, including emotional, physical, and sexual abuse, in sports; “(3) maintain an office for education and outreach that shall develop training, oversight practices, policies, and procedures to prevent the abuse, including emotional, physical, and sexual abuse, of amateur athletes participating in amateur athletic activities through national governing bodies and paralympic sports organizations; “(4) maintain an office for response and resolution that shall establish mechanisms that allow for the reporting, investigation, and resolution, pursuant to subsection (c), of alleged sexual abuse in violation of the Center’s policies and procedures; and “(5) ensure that the mechanisms under paragraph (4) provide fair notice and an opportunity to be heard and protect the privacy and safety of complainants. “(b) Policies and Procedures.— The policies and procedures developed under subsection (a)(3) shall apply as though they were incorporated in and made a part of section 220524 of this title. “(c) Binding Arbitration.— “(1) In general.— The Center may, in its discretion, utilize a neutral arbitration body and develop policies and procedures to resolve allegations of sexual abuse within its jurisdiction to determine the opportunity of any amateur athlete, coach, trainer, manager, administrator, or official, who is the subject of such an allegation, to participate in amateur athletic competition. “(2) Preservation of rights.— Nothing in this section shall be construed as altering, superseding, or otherwise affecting the right of an individual within the Center’s jurisdiction to pursue civil remedies through the courts for personal injuries arising from abuse in violation of the Center’s policies and procedures, nor shall the Center condition the participation of any such individual in a proceeding described in paragraph (1) upon an agreement not to pursue such civil remedies. “(d) Limitation on Liability.— “(1) In general.— Except as provided in paragraph (2), an applicable entity shall not be liable for damages in any civil action for defamation, libel, slander, or damage to reputation arising out of any action or communication, if the action arises from the execution of the responsibilities or functions described in this section, section 220542, or section 220543. “(2) Exception.— Paragraph (1) shall not apply in any action in which an applicable entity acted with actual malice, or provided information or took action not pursuant to this section, section 220542, or section 220543. “(3) Definition of applicable entity.— In this subsection, the term ‘applicable entity’ means— “(A) the Center; “(B) a national governing body; “(C) a paralympic sports organization; “(D) an amateur sports organization or other person sanctioned by a national governing body under section 220525; “(E) an amateur sports organization reporting under section 220530; “(F) any officer, employee, agent, or member of an entity described in subparagraph (A), (B), (C), (D), or (E); and “(G) any individual participating in a proceeding pursuant to this section. “§ 220542. Additional duties. “(a) In General.— The Center shall— “(1) develop training, oversight practices, policies, and procedures for implementation by a national governing body or paralympic sports organization to prevent the abuse, including emotional, physical, and sexual abuse, of any amateur athlete; and “(2) include in the policies and procedures developed under section 220541(a)(3)— “(A) a requirement that all adult members of a national governing body, a paralympic sports organization, or a facility under the jurisdiction of a national governing body or paralympic sports organization, and all adults authorized by such members to interact with an amateur athlete, report immediately any allegation of child abuse of an amateur athlete who is a minor to— “(i) the Center, whenever such members or adults learn of facts leading them to suspect reasonably that an amateur athlete who is a minor has suffered an incident of child abuse; and “(ii) law enforcement consistent with section 226 of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20341); “(B) a mechanism, approved by a trained expert on child abuse, that allows a complainant to report easily an incident of child abuse to the Center, a national governing body, law enforcement authorities, or other appropriate authorities; “(C) reasonable procedures to limit one-on-one interactions between an amateur athlete who is a minor and an adult (who is not the minor’s legal guardian) at a facility under the jurisdiction of a national governing body or paralympic sports organization without being in an observable and interruptible distance from another adult, except under emergency circumstances; “(D) procedures to prohibit retaliation, by any national governing body or paralympic sports organization, against any individual who makes a report under subparagraph (A) or subparagraph (B); “(E) oversight procedures, including regular and random audits conducted by subject matter experts unaffiliated with, and independent of, a national governing body or a paralympic sports organization of each national governing body and paralympic sports organization to ensure that policies and procedures developed under that section are followed correctly and that consistent training is offered and given to all adult members who are in regular contact with amateur athletes who are minors, and subject to parental consent, to members who are minors, regarding prevention of child abuse; and “(F) a mechanism by which a national governing body or paralympic sports organization can— “(i) share confidentially a report of suspected child abuse of an amateur athlete who is a minor by a member of a national governing body or paralympic sports organization, or an adult authorized by a national governing body, paralympic sports organization, or an amateur sports organization to interact with an amateur athlete who is a minor, with the Center, which in turn, may share with relevant national governing bodies, paralympic sports organizations, and other entities; and “(ii) withhold providing to an adult who is the subject of an allegation of child abuse authority to interact with an amateur athlete who is a minor until the resolution of such allegation. “(b) Rule of Construction.— Nothing in this section shall be construed to limit the ability of a national governing body or paralympic sports organization to impose an interim measure to prevent an individual who is the subject of an allegation of sexual abuse from interacting with an amateur athlete prior to the Center exercising its jurisdiction over a matter. “§ 220543. Records, audits, and reports “(a) Records.— The Center shall keep correct and complete records of account. “(b) Report.— The Center shall submit an annual report to Congress, including— “(1) an audit conducted and submitted in accordance with section 10101; and “(2) a description of the activities of the Center.” .

2. 2020

   Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020

   Pub. L. 116–189 § 8(c) · 134 Stat. 943

   1. Added · 36 U.S.C. § 220543(b)(d)

      Pub. L. 116–189 added subsecs. (b) to (d)

   2. Struck · 36 U.S.C. § 220543(b)(d)

      Pub. L. 116–189 struck out former subsec. (b). Prior to amendment, text of subsec. (b) read as follows: “The Center shall submit an annual report to Congress, including—

   Source evidence

   Code amendment note
   Subsecs. (b) to (d). Pub. L. 116–189 added subsecs. (b) to (d) and struck out former subsec. (b). Prior to amendment, text of subsec. (b) read as follows: “The Center shall submit an annual report to Congress, including—

   “(1) an audit conducted and submitted in accordance with section 10101; and “(2) a description of the activities of the Center.”

   Enacted provision · exact public law section
   (c) Records, Audits, and Reports.— Section 220543 of title 36, United States Code, is amended— (1) by striking subsection (b) and inserting the following: “(b) Audits and Transparency.— “(1) Annual audit.— “(A) In general.— Not less frequently than annually, the financial statements of the Center for the preceding fiscal year shall be audited by an independent auditor in accordance with generally accepted accounting principles— “(i) to ensure the adequacy of the internal controls of the Center; and “(ii) to prevent waste, fraud, or misuse of funds transferred to the Center by the corporation or the national governing bodies. “(B) Location.— An audit under subparagraph (A) shall be conducted at the location at which the financial statements of the Center normally are kept. “(C) Report.— Not later than 180 days after the date on which an audit under subparagraph (A) is completed, the independent auditor shall issue an audit report. “(D) Corrective action plan.— “(i) In general.— On completion of the audit report under subparagraph (C) for a fiscal year, the Center shall prepare, in a separate document, a corrective action plan that responds to any corrective action recommended by the independent auditor. “(ii) Matters to be included.— A corrective action plan under clause (i) shall include the following for each such corrective action: “(I) The name of the person responsible for the corrective action. “(II) A description of the planned corrective action. “(III) The anticipated completion date of the corrective action. “(IV) In the case of a recommended corrective action based on a finding in the audit report with which the Center disagrees, or for which the Center determines that corrective action is not required, an explanation and a specific reason for noncompliance with the recommendation. “(2) Access to records and personnel.— With respect to an audit under paragraph (1), the Center shall provide the independent auditor access to all records, documents, and personnel and financial statements of the Center necessary to carry out the audit. “(3) Public availability.— “(A) In general.— The Center shall make available to the public on an easily accessible internet website of the Center— “(i) each audit report under paragraph (1)(C); “(ii) the Internal Revenue Service Form 990 of the Center for each year, filed under section 501(c) of the Internal Revenue Code of 1986; and “(iii) the minutes of the quarterly meetings of the board of directors of the Center. “(B) Personally identifiable information.— An audit report or the minutes made available under subparagraph (A) shall not include the personally identifiable information of any individual. “(4) Rule of construction.— For purposes of this subsection, the Center shall be considered a private entity. “(c) Report.— The Center shall submit an annual report to Congress, including— “(1) a strategic plan with respect to the manner in which the Center shall fulfill its duties under sections 220541 and 220542; “(2) a detailed description of the efforts made by the Center to comply with such strategic plan during the preceding year; “(3) any financial statement necessary to present fairly the assets, liabilities, and surplus or deficit of the Center for the preceding year; “(4) an analysis of the changes in the amounts of such assets, liabilities, and surplus or deficit during the preceding year; “(5) a detailed description of Center activities, including— “(A) the number and nature of misconduct complaints referred to the Center; “(B) the total number and type of pending misconduct complaints under investigation by the Center; “(C) the number of misconduct complaints for which an investigation was terminated or otherwise closed by the Center; and “(D) the number of such misconduct complaints reported to law enforcement agencies by the Center for further investigation; “(6) a detailed description of any complaint of retaliation made during the preceding year by an officer or employee of the Center or a contractor or subcontractor of the Center that includes— “(A) the number of such complaints; and “(B) the outcome of each such complaint; “(7) information relating to the educational activities and trainings conducted by the office of education and outreach of the Center during the preceding year, including the number of educational activities and trainings developed and provided; and “(8) a description of the activities of the Center. “(d) Definitions.— In this section— “(1) ‘audit report’ means a report by an independent auditor that includes— “(A) an opinion or a disclaimer of opinion that presents the assessment of the independent auditor with respect to the financial records of the Center, including whether such records are accurate and have been maintained in accordance with generally accepted accounting principles; “(B) an assessment of the internal controls used by the Center that describes the scope of testing of the internal controls and the results of such testing; and “(C) a compliance assessment that includes an opinion or a disclaimer of opinion as to whether the Center has complied with the terms and conditions of subsection (b); and “(2) ‘independent auditor’ means an independent certified public accountant or independent licensed public accountant, certified or licensed by a regulatory authority of a State or a political subdivision of a State, who meets the standards specified in generally accepted accounting principles.” .

3 of 3 references resolved to an enrolled provision