---
kind: "range"
citation: "36 U.S.C. §§ 220541–220543"
title: "36"
from: "220541"
to: "220543"
count: 3
release: "119-102"
url: "https://uscodex.org/usc/36/220541..220543"
---

# §220541. Designation of United States Center for SafeSport

- (a) **Duties of Center.—**
  - (1) **In general.—** The United States [Center](/usc/36/220501.md?p=b-5) for SafeSport shall—
    - (A) serve as the independent national safe sport organization and be recognized worldwide as the independent national safe sport organization for the United States;
    - (B) exercise jurisdiction over the [corporation](/usc/36/220501.md?p=b-7) and each [national governing body](/usc/36/220501.md?p=b-9) with regard to safeguarding [amateur athletes](/usc/36/220501.md?p=b-1) against abuse, including emotional, physical, and sexual abuse, in sports;
    - (C) 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](/usc/36/220501.md?p=b-1) participating in amateur athletic activities through [national governing bodies](/usc/36/220501.md?p=b-9);
    - (D) maintain an office for response and resolution that shall establish mechanisms that allow for the reporting, investigation, and resolution, pursuant to [subsection (c)](#c), of alleged sexual abuse in violation of the [Center](/usc/36/220501.md?p=b-5)’s policies and procedures;
    - (E) ensure that the mechanisms under [subparagraph (D)](#a-1-D) provide fair notice and an opportunity to be heard and protect the privacy and safety of complainants;
    - (F) maintain an office for compliance and audit that shall—
      - (i) ensure that the [national governing bodies](/usc/36/220501.md?p=b-9) and the [corporation](/usc/36/220501.md?p=b-7) implement and follow the policies and procedures developed by the [Center](/usc/36/220501.md?p=b-5) to prevent and promptly report instances of abuse of [amateur athletes](/usc/36/220501.md?p=b-1), including emotional, physical, and sexual abuse; and
      - (ii) establish mechanisms that allow for the reporting and investigation of alleged violations of such policies and procedures;
    - (G) publish and maintain a publicly accessible internet website that contains a comprehensive list of adults who are barred by the [Center](/usc/36/220501.md?p=b-5); and
    - (H) ensure that any action taken by the [Center](/usc/36/220501.md?p=b-5) against an individual under the jurisdiction of the [Center](/usc/36/220501.md?p=b-5), including an investigation, the imposition of [sanctions](/usc/36/220501.md?p=b-12), and any other disciplinary action, is carried out in a manner that provides procedural due process to the individual, including, at a minimum—
      - (i) the provision of written notice of the allegations against the individual;
      - (ii) a right to be represented by counsel or other advisor;
      - (iii) an opportunity to be heard during the investigation;
      - (iv) in a case in which a violation is found, a reasoned written decision by the [Center](/usc/36/220501.md?p=b-5); and
      - (v) the ability to challenge, in a hearing or through arbitration, interim measures or [sanctions](/usc/36/220501.md?p=b-12) imposed by the [Center](/usc/36/220501.md?p=b-5).
  - (2) **Rules of construction.—** Nothing in this subsection shall be construed—
    - (A) to preclude the [Center](/usc/36/220501.md?p=b-5) from imposing interim measures or [sanctions](/usc/36/220501.md?p=b-12) on an individual before an opportunity for a hearing or arbitration;
    - (B) to require the [Center](/usc/36/220501.md?p=b-5) to meet a burden of proof higher than the preponderance of the evidence;
    - (C) to give rise to a claim under State law or to create a private right of action; or
    - (D) to render the [Center](/usc/36/220501.md?p=b-5) a state actor.
- (b) **Policies and Procedures.—** The policies and procedures developed under [subsection (a)(1)(C)](#a-1-C) shall apply as though they were incorporated in and made a part of [section 220524 of this title](/usc/36/220524.md).
- (c) **Binding Arbitration.—**
  - (1) **In general.—** The [Center](/usc/36/220501.md?p=b-5) 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](/usc/36/220501.md?p=b-1), coach, trainer, manager, administrator, or official, who is the subject of such an allegation, to participate in [amateur athletic competition](/usc/36/220501.md?p=b-2).
  - (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](/usc/36/220501.md?p=b-5)’s jurisdiction to pursue civil remedies through the courts for personal injuries arising from abuse in violation of the [Center](/usc/36/220501.md?p=b-5)’s policies and procedures, nor shall the [Center](/usc/36/220501.md?p=b-5) condition the participation of any such individual in a proceeding described in [paragraph (1)](#c-1) upon an agreement not to pursue such civil remedies.
- (d) **Limitation on Liability.—**
  - (1) **In general.—** Except as provided in [paragraph (2)](#d-2), an [applicable entity](#d-4) 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](/usc/36/220542.md), or [section 220543](/usc/36/220543.md).
  - (2) **Exception.—** [Paragraph (1)](#d-1) shall not apply in any action in which an [applicable entity](#d-4) acted with actual malice, or provided information or took action not pursuant to this section, [section 220542](/usc/36/220542.md), or [section 220543](/usc/36/220543.md).
  - (3) **Removal to federal court.—**
    - (A) **In general.—** Any civil action brought in a State court against the [Center](/usc/36/220501.md?p=b-5) relating to the responsibilities of the [Center](/usc/36/220501.md?p=b-5) under this section, [section 220542](/usc/36/220542.md), or [section 220543](/usc/36/220543.md), shall be removed, on request by the [Center](/usc/36/220501.md?p=b-5), to the district court of the United States in the district in which the action was brought, and such district court shall have original jurisdiction over the action without regard to the amount in controversy or the citizenship of the parties involved.
    - (B) **Rule of construction.—** Nothing in this chapter shall be construed to create a private right of action.
  - (4) **Definition of applicable entity.—** In this subsection, the term “applicable entity” means—
    - (A) the [Center](/usc/36/220501.md?p=b-5);
    - (B) a [national governing body](/usc/36/220501.md?p=b-9);
    - (C) the [corporation](/usc/36/220501.md?p=b-7);
    - (D) an [amateur sports organization](/usc/36/220501.md?p=b-3) or other person sanctioned by a [national governing body](/usc/36/220501.md?p=b-9) under [section 220525](/usc/36/220525.md);
    - (E) an [amateur sports organization](/usc/36/220501.md?p=b-3) reporting under [section 220530](/usc/36/220530.md);
    - (F) any officer, employee, agent, or member of an entity described in subparagraph [(A)](#d-4-A), [(B)](#d-4-B), [(C)](#d-4-C), [(D)](#d-4-D), or [(E)](#d-4-E); and
    - (G) any individual participating in a proceeding pursuant to this section.
- (e) **Training Materials.—** The office for education and outreach referred to in [subsection (a)(1)(C)](#a-1-C) shall—
  - (1) develop training materials for specific audiences, including coaches, trainers, doctors, young children, adolescents, adults, and individuals with disabilities; and
  - (2) not less frequently than every 3 years, update such training materials.
- (f) **Independence.—**
  - (1) **Prohibition with respect to former employees and board members.—** A former employee or board member of the [corporation](/usc/36/220501.md?p=b-7) or a [national governing body](/usc/36/220501.md?p=b-9) shall not work or volunteer at the [Center](/usc/36/220501.md?p=b-5) during the 2-year period beginning on the date on which the former employee or board member ceases employment with the [corporation](/usc/36/220501.md?p=b-7) or [national governing body](/usc/36/220501.md?p=b-9).
  - (2) **Athletes serving on board of directors of national governing body.—**
    - (A) **In general.—** An athlete serving on the board of directors of a [national governing body](/usc/36/220501.md?p=b-9) who is not otherwise employed by the [national governing body](/usc/36/220501.md?p=b-9), may volunteer at, or serve in an advisory capacity to, the [Center](/usc/36/220501.md?p=b-5).
    - (B) **Ineligibility for employment.—** An athlete who has served on the board of directors of a [national governing body](/usc/36/220501.md?p=b-9) shall not be eligible for employment at the [Center](/usc/36/220501.md?p=b-5) during the 2-year period beginning on the date on which the athlete ceases to serve on such board of directors.
  - (3) **Conflicts of interest.—** An executive or attorney for the [Center](/usc/36/220501.md?p=b-5) shall be considered to have an inappropriate conflict of interest if the executive or attorney also represents the [corporation](/usc/36/220501.md?p=b-7) or a [national governing body](/usc/36/220501.md?p=b-9).
  - (4) **Investigations.—**
    - (A) **In general.—** The [corporation](/usc/36/220501.md?p=b-7) and the [national governing bodies](/usc/36/220501.md?p=b-9) shall not interfere in, or attempt to influence the outcome of, an investigation.
    - (B) **Report.—** In the case of an attempt to interfere in, or influence the outcome of, an investigation, not later than 72 hours after such attempt, the [Center](/usc/36/220501.md?p=b-5) shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce and the Committee on the Judiciary of the House of Representatives a report describing the attempt.
    - (C) **Work product.—**
      - (i) **In general.—** Any decision, report, memorandum, work product, notes, or case file of the [Center](/usc/36/220501.md?p=b-5)—
        - (I) shall be confidential; and
        - (II) shall not be subject to discovery, subpoena, or any other means of legal compulsion in any civil action in which the [Center](/usc/36/220501.md?p=b-5) is not a party to the action.
      - (ii) **Rule of construction.—** Nothing in this subparagraph shall be construed to prohibit the [Center](/usc/36/220501.md?p=b-5) from providing work product described in [clause (i)](#f-4-C-i) to a law enforcement agency for the purpose of assisting in a criminal investigation.
- (g) **Funding.—**
  - (1) **Mandatory payments.—**
    - (A) **Fiscal year 2021.—** On January 4, 2021, the [corporation](/usc/36/220501.md?p=b-7) shall make a mandatory payment of $20,000,000 to the [Center](/usc/36/220501.md?p=b-5) for operating costs of the [Center](/usc/36/220501.md?p=b-5) for fiscal year 2021.
    - (B) **Subsequent fiscal years.—** For fiscal year 2022 and each fiscal year thereafter, the [corporation](/usc/36/220501.md?p=b-7) shall make a mandatory payment of $20,000,000 to the [Center](/usc/36/220501.md?p=b-5) not later than the close of business on the first regular business day in January.
  - (2) **Funds from national governing bodies.—** The [corporation](/usc/36/220501.md?p=b-7) may use funds received from 1 or more [national governing bodies](/usc/36/220501.md?p=b-9) to make a mandatory payment required by [paragraph (1)](#g-1).
  - (3) **Failure to comply.—**
    - (A) **In general.—** The [Center](/usc/36/220501.md?p=b-5) may file a lawsuit to compel payment under [paragraph (1)](#g-1).
    - (B) **Penalty.—** For each day of late or incomplete payment of a mandatory payment under [paragraph (1)](#g-1) after January 1 of the applicable year, the [Center](/usc/36/220501.md?p=b-5) shall be allowed to recover from the [corporation](/usc/36/220501.md?p=b-7) an additional $20,000.
  - (4) **Accountability.—**
    - (A) **In general.—** Amounts transferred to the [Center](/usc/36/220501.md?p=b-5) by the [corporation](/usc/36/220501.md?p=b-7) or a [national governing body](/usc/36/220501.md?p=b-9) shall be used, in accordance with [section 220503(15)](/usc/36/220503.md?p=15), primarily for the purpose of carrying out the duties and requirements under [sections 220541 through 220543](/usc/36/220541..220543.md) with respect to the investigation and resolution of allegations of sexual misconduct, or other misconduct, made by [amateur athletes](/usc/36/220501.md?p=b-1).
    - (B) **Use of funds.—**
      - (i) **In general.—** Of the amounts made available to the [Center](/usc/36/220501.md?p=b-5) by the [corporation](/usc/36/220501.md?p=b-7) or a [national governing body](/usc/36/220501.md?p=b-9) in a fiscal year for the purpose described in [section 220503(15)](/usc/36/220503.md?p=15)—
        - (I) not less than 50 percent shall be used for processing the investigation and resolution of allegations described in [subparagraph (A)](#g-4-A); and
        - (II) not more than 10 percent may be used for executive compensation of officers and directors of the [Center](/usc/36/220501.md?p=b-5).
      - (ii) **Reserve funds.—**
        - (I) **In general.—** If, after the [Center](/usc/36/220501.md?p=b-5) uses the amounts as allocated under [clause (i)](#g-4-B-i), the [Center](/usc/36/220501.md?p=b-5) does not use the entirety of the remaining amounts for the purpose described in [subparagraph (A)](#g-4-A), the [Center](/usc/36/220501.md?p=b-5) may retain not more than 25 percent of such amounts as reserve funds.
        - (II) **Return of funds.—** The [Center](/usc/36/220501.md?p=b-5) shall return to the [corporation](/usc/36/220501.md?p=b-7) and [national governing bodies](/usc/36/220501.md?p=b-9) any amounts, proportional to the contributions of the [corporation](/usc/36/220501.md?p=b-7) and [national governing bodies](/usc/36/220501.md?p=b-9), that remain after the retention described in [subclause (I)](#g-4-B-ii-I).
      - (iii) **Lobbying and fundraising.—** Amounts made available to the [Center](/usc/36/220501.md?p=b-5) under this paragraph may not be used for lobbying or fundraising expenses.
- (h) **Compliance Audits.—**
  - (1) **In general.—** Not less frequently than annually, the [Center](/usc/36/220501.md?p=b-5) shall carry out an audit of the [corporation](/usc/36/220501.md?p=b-7) and each [national governing body](/usc/36/220501.md?p=b-9)—
    - (A) to assess compliance with policies and procedures developed under this subchapter; and
    - (B) to ensure that consistent training relating to the prevention of [child abuse](/usc/36/220501.md?p=b-6) is provided to all staff of the [corporation](/usc/36/220501.md?p=b-7) and [national governing bodies](/usc/36/220501.md?p=b-9) who are in regular contact with [amateur athletes](/usc/36/220501.md?p=b-1) and members who are minors subject to parental consent.
  - (2) **Corrective measures.—**
    - (A) **In general.—** The [Center](/usc/36/220501.md?p=b-5) may impose on the [corporation](/usc/36/220501.md?p=b-7) or a [national governing body](/usc/36/220501.md?p=b-9) a corrective measure to achieve compliance with the policies and procedures developed under this subchapter or the training requirement described in [paragraph (1)(B)](#h-1-B).
    - (B) **Inclusions.—** A corrective measure imposed under [subparagraph (A)](#h-2-A) may include the implementation of an athlete safety program or specific policies, additional compliance audits or training, and the imposition of a probationary period.
    - (C) **Enforcement.—**
      - (i) **In general.—** On request by the [Center](/usc/36/220501.md?p=b-5), the [corporation](/usc/36/220501.md?p=b-7) shall—
        - (I) enforce any corrective measure required under [subparagraph (A)](#h-2-A); and
        - (II) report the status of enforcement with respect to a [national governing body](/usc/36/220501.md?p=b-9) within a reasonable timeframe.
      - (ii) **Methods.—** The [corporation](/usc/36/220501.md?p=b-7) may enforce a corrective measure through any means available to the [corporation](/usc/36/220501.md?p=b-7), including by withholding funds from a [national governing body](/usc/36/220501.md?p=b-9), limiting the participation of the [national governing body](/usc/36/220501.md?p=b-9) in [corporation](/usc/36/220501.md?p=b-7) events, and decertifying a [national governing body](/usc/36/220501.md?p=b-9).
      - (iii) **Effect of noncompliance.—** If the [corporation](/usc/36/220501.md?p=b-7) fails to enforce a corrective measure within 72 hours of a request under [clause (i)](#h-2-C-i), the [Center](/usc/36/220501.md?p=b-5) may submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce and the Committee on the Judiciary of the House of Representatives a report describing the noncompliance.
  - (3) **Annual report.—**
    - (A) **In general.—** Not less frequently than annually, the [Center](/usc/36/220501.md?p=b-5) shall submit to Congress a report on the findings of the audit under [paragraph (1)](#h-1) for the preceding year and the status of any corrective measures imposed as a result of the audit.
    - (B) **Public availability.—**
      - (i) **In general.—** Each report under [subparagraph (A)](#h-3-A) shall be made available to the public.
      - (ii) **Personally identifiable information.—** A report made available to the public shall not include the personally identifiable information of any individual.
- (i) **Reports to Corporation.—** Not later than 30 days after the end of each calendar quarter that begins after the date of the enactment of the Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020, the [Center](/usc/36/220501.md?p=b-5) shall submit to the [corporation](/usc/36/220501.md?p=b-7) a statement of the following:
  - (1) The number and nature of misconduct complaints referred to the [Center](/usc/36/220501.md?p=b-5), by sport.
  - (2) The number and type of pending misconduct complaints under investigation by the [Center](/usc/36/220501.md?p=b-5).
  - (3) The number of misconduct complaints for which an investigation was terminated or otherwise closed by the [Center](/usc/36/220501.md?p=b-5).
  - (4) The number of such misconduct complaints reported to law enforcement agencies by the [Center](/usc/36/220501.md?p=b-5) for further investigation.
  - (5) The number of discretionary cases accepted or declined by the [Center](/usc/36/220501.md?p=b-5), by sport.
  - (6) The average time required for resolution of such cases and misconduct complaints.
  - (7) Information relating to the educational activities and trainings conducted by the office of education and outreach of the [Center](/usc/36/220501.md?p=b-5) during the preceding quarter, including the number of educational activities and trainings developed and provided.
- (j) **Certifications of Independence.—**
  - (1) **In general.—** Not later than 180 days after the end of a fiscal year, the Comptroller General of the United States shall make available to the public a certification relating to the [Center](/usc/36/220501.md?p=b-5)’s independence from the [corporation](/usc/36/220501.md?p=b-7).
  - (2) **Elements.—** A certification required by [paragraph (1)](#j-1) shall include the following:
    - (A) A finding of whether a violation of a prohibition on employment of former employees or board members of the [corporation](/usc/36/220501.md?p=b-7) under [subsection (f)](#f) has occurred during the year preceding the certification.
    - (B) A finding of whether an executive or attorney for the [Center](/usc/36/220501.md?p=b-5) has had an inappropriate conflict of interest during that year.
    - (C) A finding of whether the [corporation](/usc/36/220501.md?p=b-7) has interfered in, or attempted to influence the outcome of, an investigation by the [Center](/usc/36/220501.md?p=b-5).
    - (D) Any recommendations of the Comptroller General for resolving any potential risks to the [Center](/usc/36/220501.md?p=b-5)’s independence from the [corporation](/usc/36/220501.md?p=b-7).
  - (3) **Authority of comptroller general.—**
    - (A) **In general.—** The Comptroller General may take such reasonable steps as, in the view of the Comptroller General, are necessary to be fully informed about the operations of the [corporation](/usc/36/220501.md?p=b-7) and the [Center](/usc/36/220501.md?p=b-5).
    - (B) **Specific authorities.—** The Comptroller General shall have—
      - (i) access to, and the right to make copies of, any and all nonprivileged books, records, accounts, correspondence, files, or other documents or electronic records, including emails, of officers, agents, and employees of the [Center](/usc/36/220501.md?p=b-5) or the [corporation](/usc/36/220501.md?p=b-7); and
      - (ii) the right to interview any officer, employee, agent, or consultant of the [Center](/usc/36/220501.md?p=b-5) or the [corporation](/usc/36/220501.md?p=b-7).
    - (C) **Treatment of privileged information.—** If, under this subsection, the Comptroller General seeks access to information contained within privileged documents or materials in the possession of the [Center](/usc/36/220501.md?p=b-5) or the [corporation](/usc/36/220501.md?p=b-7), the [Center](/usc/36/220501.md?p=b-5) or the [corporation](/usc/36/220501.md?p=b-7), as the case may be, shall, to the maximum extent practicable, provide the Comptroller General with the information without compromising the applicable privilege.

# §220542. Additional duties

- (a) **In General.—** The [Center](/usc/36/220501.md?p=b-5) shall—
  - (1) develop training, oversight practices, policies, and procedures for implementation by a [national governing body](/usc/36/220501.md?p=b-9) to prevent the abuse, including emotional, physical, and sexual abuse, of any [amateur athlete](/usc/36/220501.md?p=b-1);[^1]
  - (2) include in the policies and procedures developed under section 220541(a)(3)—[^2]
    - (A) a requirement that all adult members of a [national governing body](/usc/36/220501.md?p=b-9) or a facility under the jurisdiction of a [national governing body](/usc/36/220501.md?p=b-9), and all adults authorized by such members to interact with an [amateur athlete](/usc/36/220501.md?p=b-1), report immediately any allegation of [child abuse](/usc/36/220501.md?p=b-6) of an [amateur athlete](/usc/36/220501.md?p=b-1) who is a minor to—
      - (i) law enforcement consistent with section 226 of the Victims of Child Abuse Act of 1990 ([34 U.S.C. 20341](/usc/34/20341.md)); and
      - (ii) the [Center](/usc/36/220501.md?p=b-5), whenever such members or adults learn of facts leading them to suspect reasonably that an [amateur athlete](/usc/36/220501.md?p=b-1) who is a minor has suffered an incident of [child abuse](/usc/36/220501.md?p=b-6);
    - (B) a requirement that the [Center](/usc/36/220501.md?p=b-5) shall immediately report to law enforcement consistent with section 226 of the Victims of Child Abuse Act of 1990 ([34 U.S.C. 20341](/usc/34/20341.md)) any allegation of [child abuse](/usc/36/220501.md?p=b-6) of an [amateur athlete](/usc/36/220501.md?p=b-1) who is a minor, including any report of such abuse submitted to the [Center](/usc/36/220501.md?p=b-5) by a minor or by any person who is not otherwise required to report such abuse;
    - (C) 1 or more policies that prohibit any individual who is an employee, contractor, or agent of the [Center](/usc/36/220501.md?p=b-5) from assisting a member or former member in obtaining a new job (except for the routine transmission of administrative and personnel files) if the individual knows that such member or former member violated the policies or procedures of the [Center](/usc/36/220501.md?p=b-5) related to sexual misconduct or was convicted of a crime involving sexual misconduct with a minor in violation of applicable law;
    - (D) a requirement that the [Center](/usc/36/220501.md?p=b-5), including any officer, agent, attorney, or staff member of the [Center](/usc/36/220501.md?p=b-5), shall not take any action to notify an alleged perpetrator of abuse of an [amateur athlete](/usc/36/220501.md?p=b-1) of any ongoing investigation or accusation unless—
      - (i) the [Center](/usc/36/220501.md?p=b-5) has reason to believe an imminent hazard will result from failing to so notify the alleged perpetrator; or
      - (ii) law enforcement—
        - (I) authorizes the [Center](/usc/36/220501.md?p=b-5) to take such action; or
        - (II) declines or fails to act on, or fails to respond to the [Center](/usc/36/220501.md?p=b-5) with respect to, the allegation within 72 hours after the time at which the [Center](/usc/36/220501.md?p=b-5) reports to law enforcement under [subparagraph (B)](#a-2-B);
    - (E) a mechanism, approved by a trained expert on [child abuse](/usc/36/220501.md?p=b-6), that allows a complainant to report easily an incident of [child abuse](/usc/36/220501.md?p=b-6) to the [Center](/usc/36/220501.md?p=b-5), a [national governing body](/usc/36/220501.md?p=b-9), law enforcement authorities, or other appropriate authorities;
    - (F) reasonable procedures to limit one-on-one interactions, including communications, between an [amateur athlete](/usc/36/220501.md?p=b-1) 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](/usc/36/220501.md?p=b-9) without being in an observable and interruptible distance from another adult, except under emergency circumstances;
    - (G) procedures to prohibit [retaliation](/usc/36/220501.md?p=b-11) by the [corporation](/usc/36/220501.md?p=b-7) or any [national governing body](/usc/36/220501.md?p=b-9) against any individual who makes—
      - (i) a report under subparagraph [(A)](#a-2-A) or [(E)](#a-2-E); or
      - (ii) any other report relating to abuse of any [amateur athlete](/usc/36/220501.md?p=b-1), including emotional, physical, and sexual abuse;
    - (H) oversight procedures, including regular and random audits conducted by subject matter experts unaffiliated with, and independent of, a [national governing body](/usc/36/220501.md?p=b-9) 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](/usc/36/220501.md?p=b-1) who are minors, and subject to parental consent, to members who are minors, regarding prevention of [child abuse](/usc/36/220501.md?p=b-6);
    - (I) a mechanism by which a [national governing body](/usc/36/220501.md?p=b-9) can—
      - (i) share confidentially a report of suspected [child abuse](/usc/36/220501.md?p=b-6) of an [amateur athlete](/usc/36/220501.md?p=b-1) who is a minor by a member of a [national governing body](/usc/36/220501.md?p=b-9) or an adult authorized by a [national governing body](/usc/36/220501.md?p=b-9) or an [amateur sports organization](/usc/36/220501.md?p=b-3) to interact with an [amateur athlete](/usc/36/220501.md?p=b-1) who is a minor, with the [Center](/usc/36/220501.md?p=b-5), which in turn, may share with relevant [national governing bodies](/usc/36/220501.md?p=b-9) and other entities; and
      - (ii) withhold providing to an adult who is the subject of an allegation of [child abuse](/usc/36/220501.md?p=b-6) authority to interact with an [amateur athlete](/usc/36/220501.md?p=b-1) who is a minor until the resolution of such allegation;
    - (J) a prohibition on the use in a decision of the [Center](/usc/36/220501.md?p=b-5) under [section 220541(a)(1)(D)](/usc/36/220541.md?p=a-1-D) of any evidence relating to other sexual behavior or the sexual predisposition of the alleged victim, or the admission of any such evidence in arbitration, unless the probative value of the use or admission of such evidence, as determined by the [Center](/usc/36/220501.md?p=b-5) or the arbitrator, as applicable, substantially outweighs the danger of—
      - (i) any harm to the alleged victim; and
      - (ii) unfair prejudice to any party; and
    - (K) training for investigators on appropriate methods and techniques for ensuring sensitivity toward alleged victims during interviews and other investigative activities.
- (b) **Rule of Construction.—** Nothing in this section shall be construed to limit the ability of a [national governing body](/usc/36/220501.md?p=b-9) 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](/usc/36/220501.md?p=b-1) prior to the [Center](/usc/36/220501.md?p=b-5) exercising its jurisdiction over a matter.

# §220543. Records, audits, and reports

- (a) **Records.—** The [Center](/usc/36/220501.md?p=b-5) shall keep correct and complete records of account.
- (b) **Audits and Transparency.—**
  - (1) **Annual audit.—**
    - (A) **In general.—** Not less frequently than annually, the financial statements of the [Center](/usc/36/220501.md?p=b-5) for the preceding fiscal year shall be audited by an [independent auditor](#d-2) in accordance with generally accepted accounting principles—
      - (i) to ensure the adequacy of the internal controls of the [Center](/usc/36/220501.md?p=b-5); and
      - (ii) to prevent waste, fraud, or misuse of funds transferred to the [Center](/usc/36/220501.md?p=b-5) by the [corporation](/usc/36/220501.md?p=b-7) or the [national governing bodies](/usc/36/220501.md?p=b-9).
    - (B) **Location.—** An audit under [subparagraph (A)](#b-1-A) shall be conducted at the location at which the financial statements of the [Center](/usc/36/220501.md?p=b-5) normally are kept.
    - (C) **Report.—** Not later than 180 days after the date on which an audit under [subparagraph (A)](#b-1-A) is completed, the [independent auditor](#d-2) shall issue an [audit report](#d-1).
    - (D) **Corrective action plan.—**
      - (i) **In general.—** On completion of the [audit report](#d-1) under [subparagraph (C)](#b-1-C) for a fiscal year, the [Center](/usc/36/220501.md?p=b-5) shall prepare, in a separate document, a corrective action plan that responds to any corrective action recommended by the [independent auditor](#d-2).
      - (ii) **Matters to be included.—** A corrective action plan under [clause (i)](#b-1-D-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](#d-1) with which the [Center](/usc/36/220501.md?p=b-5) disagrees, or for which the [Center](/usc/36/220501.md?p=b-5) 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)](#b-1), the [Center](/usc/36/220501.md?p=b-5) shall provide the [independent auditor](#d-2) access to all records, documents, and personnel and financial statements of the [Center](/usc/36/220501.md?p=b-5) necessary to carry out the audit.
  - (3) **Public availability.—**
    - (A) **In general.—** The [Center](/usc/36/220501.md?p=b-5) shall make available to the public on an easily accessible internet website of the [Center](/usc/36/220501.md?p=b-5)—
      - (i) each [audit report](#d-1) under [paragraph (1)(C)](#b-1-C);
      - (ii) the Internal Revenue Service Form 990 of the [Center](/usc/36/220501.md?p=b-5) 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](/usc/36/220501.md?p=b-5).
    - (B) **Personally identifiable information.—** An [audit report](#d-1) or the minutes made available under [subparagraph (A)](#b-3-A) shall not include the personally identifiable information of any individual.
  - (4) **Rule of construction.—** For purposes of this subsection, the [Center](/usc/36/220501.md?p=b-5) shall be considered a private entity.
- (c) **Report.—** The [Center](/usc/36/220501.md?p=b-5) shall submit an annual report to Congress, including—
  - (1) a strategic plan with respect to the manner in which the [Center](/usc/36/220501.md?p=b-5) shall fulfill its duties under sections [220541](/usc/36/220541.md) and [220542](/usc/36/220542.md);
  - (2) a detailed description of the efforts made by the [Center](/usc/36/220501.md?p=b-5) 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](/usc/36/220501.md?p=b-5) 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](/usc/36/220501.md?p=b-5) activities, including—
    - (A) the number and nature of misconduct complaints referred to the [Center](/usc/36/220501.md?p=b-5);
    - (B) the total number and type of pending misconduct complaints under investigation by the [Center](/usc/36/220501.md?p=b-5);
    - (C) the number of misconduct complaints for which an investigation was terminated or otherwise closed by the [Center](/usc/36/220501.md?p=b-5); and
    - (D) the number of such misconduct complaints reported to law enforcement agencies by the [Center](/usc/36/220501.md?p=b-5) for further investigation;
  - (6) a detailed description of any complaint of [retaliation](/usc/36/220501.md?p=b-11) made during the preceding year by an officer or employee of the [Center](/usc/36/220501.md?p=b-5) or a contractor or subcontractor of the [Center](/usc/36/220501.md?p=b-5) 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](/usc/36/220501.md?p=b-5) 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](/usc/36/220501.md?p=b-5).
- (d) **Definitions.—** In this section—
  - (1) “audit report” means a report by an [independent auditor](#d-2) that includes—
    - (A) an opinion or a disclaimer of opinion that presents the assessment of the [independent auditor](#d-2) with respect to the financial records of the [Center](/usc/36/220501.md?p=b-5), 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](/usc/36/220501.md?p=b-5) 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](/usc/36/220501.md?p=b-5) has complied with the terms and conditions of [subsection (b)](#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.