```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1973 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  1st Session
                                H. R. 1973

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              June 5, 2017

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT

 
To prevent the sexual abuse of minors and amateur athletes by requiring 
 the prompt reporting of sexual abuse to law enforcement authorities, 
                        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 ``Protecting Young Victims from Sexual 
Abuse Act of 2017''.

SEC. 2. REQUIRED REPORTING OF CHILD AND SEXUAL ABUSE AT FACILITIES 
              UNDER THE JURISDICTION OF AMATEUR SPORTS ORGANIZATIONS 
              RECOGNIZED BY THE UNITED STATES OLYMPIC COMMITTEE.

    (a) Reporting Requirement.--Section 226 of the Victims of Child 
Abuse Act of 1990 (42 U.S.C. 13031) is amended--
            (1) in subsection (a)--
                    (A) by striking ``A person who'' and inserting the 
                following:
            ``(1) Covered professionals.--A person who''; and
                    (B) by adding at the end the following:
            ``(2) Covered individuals.--A covered individual who learns 
        of facts that give reason to suspect that a child has suffered 
        an incident of child abuse shall as soon as possible make a 
        report of the suspected abuse to the agency designated by the 
        Attorney General under subsection (d).'';
            (2) in subsection (b), in the matter preceding paragraph 
        (1), by striking ``subsection (a)'' and inserting ``subsection 
        (a)(1)'';
            (3) in subsection (c)--
                    (A) in paragraph (7), by striking ``and'' at the 
                end;
                    (B) in paragraph (8), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(9) the term `covered individual' means an adult who is 
        authorized by a national governing body or a member of a 
        national governing body to interact with a minor or amateur 
        athlete at an amateur sports organization facility or at any 
        event sanctioned by a national governing body or a member of a 
        national governing body;
            ``(10) the term `event' includes travel, practice, 
        competition, and health or medical treatment; and
            ``(11) the terms `amateur athlete', `amateur sports 
        organization', and `national governing body' have the meanings 
        given such terms in section 220501(b) of title 36, United 
        States Code.'';
            (4) in subsection (d), in the first sentence, by inserting 
        ``and for all covered facilities'' after ``reside'';
            (5) in subsection (f), in the first sentence--
                    (A) by striking ``and on all'' and inserting ``on 
                all''; and
                    (B) by inserting ``and for all covered 
                facilities,'' after ``lands,'';
            (6) in subsection (h), by inserting ``and all covered 
        individuals,'' after ``facilities,''; and
            (7) by adding at the end the following:
    ``(i) Rule of Construction.--Nothing in this section shall be 
construed to require a victim of child abuse to self-report the 
abuse.''.
    (b) Penalty for Failure to Report.--Section 2258 of title 18, 
United States Code, is amended by inserting after ``facility,'' the 
following: ``or a covered individual (as described in subsection (a)(2) 
of such section 226) who''.

SEC. 3. CIVIL REMEDY FOR PERSONAL INJURIES.

    Section 2255 of title 18, United States Code, is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--Any person who, while a minor, was a victim of a 
violation of section 1589, 1590, 1591, 2241(c), 2242, 2243, 2251, 
2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of this title and who 
suffers personal injury as a result of such violation, regardless of 
whether the injury occurred while such person was a minor, may sue in 
any appropriate United States District Court and shall recover the 
actual damages such person sustains or liquidated damages in the amount 
of $150,000, and the cost of the action, including reasonable 
attorney's fees and other litigation costs reasonably incurred. The 
court may also award punitive damages and such other preliminary and 
equitable relief as the court determines to be appropriate.'';
            (2) in subsection (b), by striking ``filed within'' and all 
        that follows through the end and inserting the following: 
        ``filed--
            ``(1) not later than 10 years after the date on which the 
        plaintiff reasonably discovers the later of--
                    ``(A) the violation that forms the basis for the 
                claim; or
                    ``(B) the injury that forms the basis for the 
                claim; or
            ``(2) not later than 10 years after the date on which a 
        legal disability ends.''; and
            (3) by adding at the end the following:
    ``(c) Venue; Service of Process.--
            ``(1) Venue.--Any action brought under subsection (a) may 
        be brought in the district court of the United States that 
        meets applicable requirements relating to venue under section 
        1391 of title 28.
            ``(2) Service of process.--In an action brought under 
        subsection (a), process may be served in any district in which 
        the defendant--
                    ``(A) is an inhabitant; or
                    ``(B) may be found.''.

SEC. 4. EXPANSION OF AUTHORITIES AND DUTIES OF AMATEUR SPORTS 
              ORGANIZATIONS RECOGNIZED BY THE UNITED STATES OLYMPIC 
              COMMITTEE TO PREVENT THE ABUSE OF MINOR AND AMATEUR 
              ATHLETES.

    (a) Expansion of Authorities.--Section 220523(a) of title 36, 
United States Code, is amended--
            (1) in paragraph (6), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (7), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(8) develop training, oversight practices, policies, and 
        procedures to prevent the abuse, including physical abuse and 
        sexual abuse, of any minor or amateur athlete by any adult.''.
    (b) Additional Duties.--Section 220524 of such title is amended--
            (1) by inserting ``(a) In General.--'' before ``For the 
        sport'';
            (2) in paragraph (8), by striking ``; and'' and inserting a 
        semicolon;
            (3) in paragraph (9), by striking the period and inserting 
        a semicolon; and
            (4) by adding at the end the following:
            ``(10) develop and enforce policies, mechanisms, and 
        procedures to prevent the abuse, including physical abuse and 
        sexual abuse, of any minor or amateur athlete, including--
                    ``(A) requiring all adults authorized by a national 
                governing body or a member of a national governing body 
                to interact with a minor or amateur athlete at an 
                amateur sports organization facility or at any event 
                sanctioned by a national governing body or a member of 
                a national governing body, to report facts that give 
                reason to suspect child abuse, including sexual abuse, 
                as required by relevant Federal or State law, to law 
                enforcement authorities and other appropriate 
                authorities, including an entity designated by the 
                corporation to investigate and resolve such 
                allegations;
                    ``(B) establishing a mechanism, approved by a 
                trained expert on child abuse, that allows an 
                individual to easily report an incident of child abuse 
                as described in subparagraph (A) to the national 
                governing body or another authority, including an 
                entity designated by the corporation;
                    ``(C) reasonable procedures designed to avoid one-
                on-one interactions between an amateur athlete who is a 
                minor and an adult (who is not the minor's legal 
                guardian) at an amateur sports organization facility, 
                at any event sanctioned by a national governing body, 
                or any event sanctioned by a member of a national 
                governing body, without being observable or 
                interruptible by another adult, except where the safety 
                and welfare of the minor requires;
                    ``(D) oversight procedures, including regular and 
                random audits, not to exceed once a year, conducted by 
                subject matter experts unaffiliated with the national 
                governing body, of all members and adults described in 
                subparagraph (A) to ensure that policies and procedures 
                developed under this paragraph are followed correctly 
                and that consistent training is offered and given to 
                all members regarding prevention of sexual abuse; and
                    ``(E) requiring dedicated information and 
                resources, which may include sexual assault hotlines 
                and victims' support resources, to be clearly listed on 
                the national governing body's official website; and
            ``(11) in the case of a national governing body with 
        jurisdiction over more than one amateur sports organization 
        facility or event, establish a mechanism by which--
                    ``(A) the national governing body can--
                            ``(i) receive a report of suspected sexual 
                        misconduct by an adult authorized by a national 
                        governing body or a member of a national 
                        governing body to interact with a minor or 
                        amateur athlete at an amateur sports 
                        organization facility or at any event 
                        sanctioned by a national governing body or a 
                        member of a national governing body; and
                            ``(ii) confidentially share a report 
                        received under clause (i) with each of the 
                        other amateur sports organizations, facilities, 
                        or members under the jurisdiction of the 
                        national governing body; and
                    ``(B) an amateur sports organization, facility, or 
                member under the jurisdiction of the national governing 
                body can--
                            ``(i) review the reports received by the 
                        national governing body under subparagraph 
                        (A)(i) to assess any allegations of sexual 
                        misconduct made in such reports; and
                            ``(ii) withhold providing to an adult who 
                        is the subject of an allegation of sexual 
                        misconduct in a report reviewed under clause 
                        (i) authority to interact with a minor or 
                        amateur athlete at such organization, facility, 
                        or event until the resolution of such 
                        allegation.
    ``(b) Limited Liability for the United States Olympic Committee, 
National Governing Bodies, and an Entity Designated by the United 
States Olympic Committee to Investigate and Resolve Sexual Misconduct 
Allegations.--
            ``(1) In general.--Except as provided in paragraphs (2), no 
        civil or criminal action may be brought in any Federal or State 
        court against the United States Olympic Committee, a national 
        governing body, or an amateur sports organization, facility, or 
        event under the jurisdiction of a national governing body, or 
        an entity designated by the United States Olympic Committee to 
        investigate and resolve sexual misconduct allegations described 
        in subsection (a)(11), including any director, officer, 
        employee, or agent of such entity, if the action arises from 
        the execution of the responsibilities or functions described in 
        subsection (a)(11).
            ``(2) Intentional, reckless, or other misconduct.--
        Paragraph (1) shall not apply to a civil or criminal action if 
        the United States Olympic Committee, a national governing body, 
        an amateur sports organization, facility, or event under the 
        jurisdiction of a national governing body, or an entity 
        designated by the United States Olympic Committee to 
        investigate and resolve sexual misconduct allegations described 
        in subsection (a)(11), or a director, officer, employee, or 
        agent of such entity acted or failed to act--
                    ``(A) with reckless disregard for a risk of causing 
                injury; or
                    ``(B) for a purpose unrelated to the performance of 
                any responsibility or function described in subsection 
                (a)(11).
            ``(3) Limited effect.--Nothing in this section shall apply 
        to any act or omission arising out of any responsibility or 
        function not described in subsection (a)(11).''.
    (c) Rule of Construction.--Section 220522 of such title is amended 
by adding at the end the following:
    ``(c) Rule of Construction.--Nothing in subsection (a) shall be 
construed to limit the ability of a national governing body to develop 
a policy or procedure to prevent an individual who is the subject of an 
allegation of sexual misconduct from interacting with a minor or 
amateur athlete until such time as the national governing body, or an 
entity with applicable jurisdiction resolves such allegation.''.
    (d) Review of Recognition of Amateur Sports Organizations as 
National Governing Bodies.--Section 220521(d) of title 36, United 
States Code, is

              

 amended by striking ``may'' each place it appears and inserting 
``shall''.

            Passed the House of Representatives May 25, 2017.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```