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

Bill: 115-s-534
Sponsor: full_name: Sen. Feinstein, Dianne [D-CA]
Introduced: 2017-03-06
Policy area: Crime and Law Enforcement
Subjects: Athletes

Civil actions and liability

Correctional facilities and imprisonment

Crime victims

Crimes against children

Criminal justice information and records

Domestic violence and child abuse

Fraud offenses and financial crimes

Human trafficking

Jurisdiction and venue

Juvenile crime and gang violence

Olympic games

Pornography

Sex offenses
Latest action: action_date: 2018-02-14
text: Became Public Law No: 115-126.

Summaries:
action_date: 2017-03-06
action_desc: Introduced in Senate
text: <p><b>Protecting Young Victims from Sexual Abuse Act of 2017</b></p> <p>This bill amends the Victims of Child Abuse Act of 1990 to extend the duty to report suspected child abuse, including sexual abuse, to certain adults who are authorized to interact with minor or amateur athletes at a facility under the jurisdiction of a national governing body. A national governing body is an amateur sports organization that is recognized by the International Olympic Committee. </p> <p>An individual who is required, but fails, to report suspected child sex abuse is subject to criminal penalties. </p> <p>Additionally, the bill amends the federal criminal code to revise civil remedy provisions for a victim of a human trafficking offense or federal sex offense. Among other things, it changes the civil statute of limitations to 10 years from the date the victim discovers the violation or injury (currently, 10 years from the date the cause of action arose). The bill also extends the statute of limitations for a minor victim of a federal sex offense to file a civil action to 10 years (currently, 3 years) from the date such individual reaches age 18.</p> <p>Finally, the bill amends the Amateur Sports Act of 1978: (1) to authorize national governing bodies to develop training, practices, policies, and procedures to prevent the abuse of minor or amateur athletes; and (2) to require national governing bodies to develop and enforce policies, mechanisms, and procedures to prevent, report, and respond to the abuse of minor or amateur athletes.</p>

action_date: 2018-02-14
action_desc: Public Law
text: <p><b><b><b>Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017</b></b></b></p> <p>TITLE I--PROTECTING YOUNG VICTIMS FROM SEXUAL ABUSE</p> <p>(Sec. 101) This bill amends the Victims of Child Abuse Act of 1990 to extend the duty to report suspected child abuse, including sexual abuse, to adults who are authorized to interact with minor or amateur athletes at an amateur sports organization facility or at an event sanctioned by a national governing body (NGB) or member of an NGB. An NGB is an amateur sports organization that is recognized by the U.S. Olympic Committee.</p> <p>An authorized adult who fails to report suspected child abuse within a 24-hour period is subject to criminal penalties.</p> <p>(Sec. 102) The bill amends the federal criminal code to revise civil remedy provisions for a victim of a human trafficking offense or federal sex offense. Among other things, it changes the civil statute of limitations to 10 years from the date the victim reasonably discovers the violation or injury (currently, 10 years from the date the cause of action arose). The bill also extends the statute of limitations for a minor victim of a human trafficking or federal sex offense to file a civil action to 10 years (currently, 3 years) from the date such individual reaches age 18.</p> <p>TITLE II--UNITED STATES CENTER FOR SAFE SPORT AUTHORIZATION</p> <p>(Sec. 201) The bill expands the purposes of the U.S. Olympic Committee to include promoting a safe environment in sports that is free from abuse of amateur athletes.</p> <p>(Sec. 202) The bill designates the United States Center for Safe Sport to serve as the independent national safe sport organization.</p> <p>The center has jurisdiction over the U.S. Olympic Committee, NGBs, and Paralympic sports organizations with respect to safeguarding amateur athletes from abuse. It must develop training, practices, policies, and procedures to prevent abuse.</p> <p>NGBs must implement the policies and procedures to prevent abuse.</p> <p>(Sec. 203) An amateur sports organization that requests an NGB sanction to host an international amateur athletic competition inside the United States or to sponsor U.S. athletes in an international amateur athletic competition outside the United States must implement and comply with the policies and procedures to prevent abuse.</p> <p>(Sec. 204) An amateur sports organization that is not subject to the center's policies and procedures to prevent abuse must comply with certain general requirements, including to report suspected child abuse and to limit one-on-one contact between an amateur athlete who is a minor and an adult.</p>

tv_txt: II 115th CONGRESS 1st Session S. 534 IN THE SENATE OF THE UNITED STATES March 6, 2017 Mrs. Feinstein (for herself, Ms. Collins , Mr. Grassley , Mr. Nelson , Mr. Flake , Mr. Donnelly , Mr. Rubio , Mrs. McCaskill , Mrs. Ernst , Ms. Klobuchar , Mrs. Shaheen , Mr. Blumenthal , Ms. Warren , Ms. Harris , Ms. Cortez Masto , and Mr. Young ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL 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.

1. Short title This Act may be cited as the Protecting Young Victims from Sexual Abuse Act of 2017 . 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) Individuals at covered facilities A covered individual who, while engaged in any activity sanctioned by a covered facility, learns of facts that give reason to suspect that a child has suffered an incident of child abuse, including sexual 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 facility means a facility over which a national governing body has jurisdiction; (10) the term covered individual means an adult who is authorized by a covered facility or by a national governing body to interact with a minor or amateur athlete at the covered facility or at any event sanctioned by the covered facility; and (11) the term national governing body has the meaning given the term 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, ; and (6) in subsection (h), by inserting and all covered individuals, after facilities, . (b) Penalty for failure To report Section 2258 of title 18, United States Code, is amended— (1) by inserting or while engaged in a professional capacity or activity at a covered facility as described in subsection (a)(2) of such section 226 after facility ; and (2) by striking not more than 1 year and inserting not more than 3 years . 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 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) in the case of a person under a legal disability, not later than 10 years after the date on which the 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. . 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) in paragraph (8), by striking ; and and inserting a semicolon; (2) in paragraph (9), by striking the period and inserting a semicolon; and (3) 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 members of the national governing body or a facility under the jurisdiction of the national governing body and adults authorized by such members to interact with minor or amateur athletes, to immediately report all allegations of sexual abuse to law enforcement authorities and other appropriate authorities whenever such members or adults learn of facts leading them to reasonably suspect that a minor or amateur athlete has suffered an incident of sexual abuse; (B) establishing a mechanism, approved by a trained expert on child abuse, that allows a complainant to easily report an incident of sexual abuse committed by a member or adult described in subparagraph (A) to interact with a minor or amateur athlete, to the national governing body or another authority; (C) procedures to ensure that each amateur athlete who is a minor is prevented from being in a one-on-one situation with an adult (who is not the minor's legal guardian) at a facility under the jurisdiction of the national governing body without being in an observable and interruptible distance from another adult; and (D) oversight procedures, including regular and random audits 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 (11) in the case of a national governing body with jurisdiction over more than one athletic facility, establish a mechanism by which— (A) the national governing body can— (i) receive a report from one of such facilities regarding a case in which an adult authorized by the facility to interact with a minor or amateur athlete at such facility is expelled from or leaves such facility for sexual misconduct, including because of a mere allegation of sexual misconduct; and (ii) share a report received under subparagraph (A) with each of the other athletic facilities under the jurisdiction of the national governing body; and (B) an athletic facility 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 facility until such time as the facility determines that there is no risk to a minor or amateur athlete at such facility. . (c) Rule of construction Section 220522 of such title is amended by adding at the end the following: (c) Rule of construction Nothing in paragraph (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 any person under the jurisdiction of the national governing body, determines that there is no risk to the minor or amateur athlete by allowing the individual to interact with the minor or amateur athlete. .

tv_txt: II Calendar No. 121 115th CONGRESS 1st Session S. 534 IN THE SENATE OF THE UNITED STATES March 6, 2017 Mrs. Feinstein (for herself, Ms. Collins , Mr. Grassley , Mr. Nelson , Mr. Flake , Mr. Donnelly , Mr. Rubio , Mrs. McCaskill , Mrs. Ernst , Ms. Klobuchar , Mrs. Shaheen , Mr. Blumenthal , Ms. Warren , Ms. Harris , Ms. Cortez Masto , Mr. Young , Ms. Hirono , Mr. Franken , Mr. Markey , Mr. Sullivan , Mr. Merkley , Ms. Stabenow , Mr. Hatch , Mr. Cruz , Mr. Durbin , Mrs. Gillibrand , and Mr. Menendez ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary June 8, 2017 Reported by Mr. Grassley , with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL 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.

1. Short title This Act may be cited as the Protecting Young Victims from Sexual Abuse Act of 2017 . 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) Individuals at covered facilities A covered individual who, while engaged in any activity sanctioned by a covered facility, learns of facts that give reason to suspect that a child has suffered an incident of child abuse, including sexual 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 facility means a facility over which a national governing body has jurisdiction; (10) the term covered individual means an adult who is authorized by a covered facility or by a national governing body to interact with a minor or amateur athlete at the covered facility or at any event sanctioned by the covered facility; and (11) the term national governing body has the meaning given the term 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, ; and (6) in subsection (h), by inserting and all covered individuals, after facilities, . (b) Penalty for failure To report Section 2258 of title 18, United States Code, is amended— (1) by inserting or while engaged in a professional capacity or activity at a covered facility as described in subsection (a)(2) of such section 226 after facility ; and (2) by striking not more than 1 year and inserting not more than 3 years . 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 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) in the case of a person under a legal disability, not later than 10 years after the date on which the 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. . 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) in paragraph (8), by striking ; and and inserting a semicolon; (2) in paragraph (9), by striking the period and inserting a semicolon; and (3) 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 members of the national governing body or a facility under the jurisdiction of the national governing body and adults authorized by such members to interact with minor or amateur athletes, to immediately report all allegations of sexual abuse to law enforcement authorities and other appropriate authorities whenever such members or adults learn of facts leading them to reasonably suspect that a minor or amateur athlete has suffered an incident of sexual abuse; (B) establishing a mechanism, approved by a trained expert on child abuse, that allows a complainant to easily report an incident of sexual abuse committed by a member or adult described in subparagraph (A) to interact with a minor or amateur athlete, to the national governing body or another authority; (C) procedures to ensure that each amateur athlete who is a minor is prevented from being in a one-on-one situation with an adult (who is not the minor's legal guardian) at a facility under the jurisdiction of the national governing body without being in an observable and interruptible distance from another adult; and (D) oversight procedures, including regular and random audits 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 (11) in the case of a national governing body with jurisdiction over more than one athletic facility, establish a mechanism by which— (A) the national governing body can— (i) receive a report from one of such facilities regarding a case in which an adult authorized by the facility to interact with a minor or amateur athlete at such facility is expelled from or leaves such facility for sexual misconduct, including because of a mere allegation of sexual misconduct; and (ii) share a report received under subparagraph (A) with each of the other athletic facilities under the jurisdiction of the national governing body; and (B) an athletic facility 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 facility until such time as the facility determines that there is no risk to a minor or amateur athlete at such facility. . (c) Rule of construction Section 220522 of such title is amended by adding at the end the following: (c) Rule of construction Nothing in paragraph (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 any person under the jurisdiction of the national governing body, determines that there is no risk to the minor or amateur athlete by allowing the individual to interact with the minor or amateur athlete. .

1. Short title This Act may be cited as the Protecting Young Victims from Sexual Abuse Act of 2017 . 2. Required reporting of child and sexual abuse (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, including sexual 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; (11) the terms amateur athlete , amateur sports organization , and national governing body have the meanings given the terms in section 220501(b) of title 36, United States Code; and (12) the term as soon as possible means within a 24-hour period. ; (4) in subsection (d), in the first sentence, by inserting and for all covered individuals 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 individuals, 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— (1) by inserting or a covered individual as described in subsection (a)(2) of such section 226 who, after facility, ; and (2) by striking not more than 1 year and inserting not more than 3 years . 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 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. . 4. Expansion of authorities and duties of national governing bodies 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 title 36, United States Code, 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) procedures to ensure that each amateur athlete who is a minor is prevented from being in a one-on-one situation with 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; and (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 the prevention of child abuse; 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) and (3), 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— (A) engaged in intentional misconduct; or (B) acted or failed to act— (i) with actual malice; (ii) with reckless disregard for a risk of causing injury; or (iii) for a purpose unrelated to the performance of any responsibility or function described in subsection (a)(11). (3) Ordinary business activities Paragraph (1) shall not apply to any act or omission relating to an ordinary business activity, including general administration or operations, the use of motor vehicles, or personnel management. (4) 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 title 36, United States Code, 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 .

June 8, 2017 Reported with an amendment

tv_txt: 115th CONGRESS 1st Session S. 534 IN THE SENATE OF THE UNITED STATES 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.

1. Short title; table of contents (a) Short title This Act may be cited as the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Protecting young victims from sexual abuse Sec. 101. Required reporting of child and sexual abuse. Sec. 102. Civil remedy for personal injuries. TITLE II—United States Center for Safe Sport authorization Sec. 201. Expansion of the purposes of the corporation. Sec. 202. Designation of the United States Center for Safe Sport. Sec. 203. Additional requirements for granting sanctions for amateur athletic competitions. Sec. 204. General requirements for youth-serving amateur sports organizations. I Protecting young victims from sexual abuse 101. Required reporting of child and sexual abuse (a) Reporting requirement Section 226 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341 ) 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, including sexual 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, a member of a national governing body, or an amateur sports organization that participates in interstate or international amateur athletic competition, to interact with a minor or amateur athlete at an amateur sports organization facility or at any event sanctioned by a national governing body, a member of a national governing body, or such an amateur sports organization; (10) the term event includes travel, lodging, practice, competition, and health or medical treatment; (11) the terms amateur athlete , amateur athletic competition , amateur sports organization , international amateur athletic competition , and national governing body have the meanings given the terms in section 220501(b) of title 36, United States Code; and (12) the term as soon as possible means within a 24-hour period. ; (4) in subsection (d), in the first sentence, by inserting and for all covered individuals 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 individuals, 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 or a covered individual as described in subsection (a)(2) of such section 226 who, after facility, . 102. 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 the victim reaches 18 years of age. ; 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. . II United States Center for Safe Sport authorization 201. Expansion of the purposes of the corporation Section 220503 of title 36, United States Code, is amended— (1) in paragraph (13), by striking ; and and inserting a semicolon; (2) in paragraph (14), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (15) to promote a safe environment in sports that is free from abuse, including emotional, physical, and sexual abuse, of any amateur athlete. . 202. Designation of the United States Center for Safe Sport (a) In general Chapter 2205 of title 36, United States Code, is amended by adding at the end the following: 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. 220544. Authorization of appropriations There is authorized to be appropriated to the Center $1,000,000 for each of fiscal years 2018 through 2021. . (b) Conforming amendment Section 220501(b) of title 36, United States Code, is amended— (1) by redesignating paragraphs (4) through (8) as paragraphs (6) through (10), respectively; and (2) by inserting after paragraph (3), the following: (4) Center means the United States Center for Safe Sport designated under section 220541. (5) child abuse has the meaning given the term in section 212 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20302 ). . (c) Technical amendment The table of contents of 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. 220542. Additional duties. 220543. Records, audits, and reports. 220544. Authorization of appropriations. . 203. Additional requirements for granting sanctions for amateur athletic competitions Section 220525(b)(4) is amended— (1) in subparagraph (E), by striking ; and and inserting a semicolon; (2) in subparagraph (F), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (G) the amateur sports organization or person requesting sanction from a national governing body will implement and abide by the policies and procedures to prevent the abuse, including emotional, physical, and child abuse, of amateur athletes participating in amateur athletic activities applicable to such national governing body. . 204. General requirements for youth-serving amateur sports organizations (a) In general Subchapter II of chapter 2205 of title 36, United States Code, is amended by adding at the end the following: 220530. Other amateur sports organizations (a) In general An applicable amateur sports organization shall— (1) comply with the reporting requirements of section 226 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341 ); (2) establish 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 the applicable amateur sports organization without being in an observable and interruptible distance from another adult, except under emergency circumstances; (3) offer and provide consistent training 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 and reporting of child abuse to allow a complainant to report easily an incident of child abuse to appropriate persons; and (4) prohibit retaliation, by the applicable amateur sports organization, against any individual who makes a report under paragraph (1). (b) Definition of applicable amateur sports organization In this section, the term applicable amateur sports organization means an amateur sports organization— (1) that is not otherwise subject to the requirements under subchapter III; (2) that participates in an interstate or international amateur athletic competition; and (3) whose membership includes any adult who is in regular contact with an amateur athlete who is a minor. . (b) Technical amendment The table of contents of chapter 2205 of title 36, United States Code, is amended by inserting after the item relating to section 220529 the following: 220530. Other amateur sports organizations. .

Passed the Senate November 14, 2017. Secretary

tv_txt: 115th CONGRESS 2d Session In the House of Representatives, U. S., January 29, 2018 AMENDMENT:

That the bill from the Senate (S. 534) entitled 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. , do pass with the following Strike out all after the enacting clause and insert: 1. Short title; table of contents (a) Short title This Act may be cited as the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Protecting young victims from sexual abuse Sec. 101. Required reporting of child and sexual abuse. Sec. 102. Civil remedy for personal injuries. TITLE II—United States Center for Safe Sport authorization Sec. 201. Expansion of the purposes of the corporation. Sec. 202. Designation of the United States Center for Safe Sport. Sec. 203. Additional requirements for granting sanctions for amateur athletic competitions. Sec. 204. General requirements for youth-serving amateur sports organizations. I Protecting young victims from sexual abuse 101. Required reporting of child and sexual abuse (a) Reporting requirement Section 226 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341 ) 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, including sexual 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, a member of a national governing body, or an amateur sports organization that participates in interstate or international amateur athletic competition, to interact with a minor or amateur athlete at an amateur sports organization facility or at any event sanctioned by a national governing body, a member of a national governing body, or such an amateur sports organization; (10) the term event includes travel, lodging, practice, competition, and health or medical treatment; (11) the terms amateur athlete , amateur athletic competition , amateur sports organization , international amateur athletic competition , and national governing body have the meanings given the terms in section 220501(b) of title 36, United States Code; and (12) the term as soon as possible means within a 24-hour period. ; (4) in subsection (d), in the first sentence, by inserting and for all covered individuals 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 individuals, 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 or a covered individual as described in subsection (a)(2) of such section 226 who, after facility, . 102. 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 the victim reaches 18 years of age. ; 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. . II United States Center for Safe Sport authorization 201. Expansion of the purposes of the corporation Section 220503 of title 36, United States Code, is amended— (1) in paragraph (13), by striking ; and and inserting a semicolon; (2) in paragraph (14), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (15) to promote a safe environment in sports that is free from abuse, including emotional, physical, and sexual abuse, of any amateur athlete. . 202. Designation of the United States Center for Safe Sport (a) In general Chapter 2205 of title 36, United States Code, is amended by adding at the end the following: 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. . (b) Conforming amendment Section 220501(b) of title 36, United States Code, is amended— (1) by redesignating paragraphs (4) through (8) as paragraphs (6) through (10), respectively; and (2) by inserting after paragraph (3), the following: (4) Center means the United States Center for Safe Sport designated under section 220541. (5) child abuse has the meaning given the term in section 212 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20302 ). . (c) Technical amendment The table of contents of 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. 220542. Additional duties. 220543. Records, audits, and reports. . 203. Additional requirements for granting sanctions for amateur athletic competitions Section 220525(b)(4) is amended— (1) in subparagraph (E), by striking ; and and inserting a semicolon; (2) in subparagraph (F), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (G) the amateur sports organization or person requesting sanction from a national governing body will implement and abide by the policies and procedures to prevent the abuse, including emotional, physical, and child abuse, of amateur athletes participating in amateur athletic activities applicable to such national governing body. . 204. General requirements for youth-serving amateur sports organizations (a) In general Subchapter II of chapter 2205 of title 36, United States Code, is amended by adding at the end the following: 220530. Other amateur sports organizations (a) In general An applicable amateur sports organization shall— (1) comply with the reporting requirements of section 226 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341 ); (2) establish 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 the applicable amateur sports organization without being in an observable and interruptible distance from another adult, except under emergency circumstances; (3) offer and provide consistent training 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 and reporting of child abuse to allow a complainant to report easily an incident of child abuse to appropriate persons; and (4) prohibit retaliation, by the applicable amateur sports organization, against any individual who makes a report under paragraph (1). (b) Definition of applicable amateur sports organization In this section, the term applicable amateur sports organization means an amateur sports organization— (1) that is not otherwise subject to the requirements under subchapter III; (2) that participates in an interstate or international amateur athletic competition; and (3) whose membership includes any adult who is in regular contact with an amateur athlete who is a minor. . (b) Technical amendment The table of contents of chapter 2205 of title 36, United States Code, is amended by inserting after the item relating to section 220529 the following: 220530. Other amateur sports organizations. .

Karen L. Haas Clerk.

tv_txt: One Hundred Fifteenth Congress of the United States of America 2d Session Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and eighteen S. 534 IN THE SENATE OF THE UNITED STATES 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.

1. Short title; table of contents (a) Short title This Act may be cited as the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Protecting young victims from sexual abuse Sec. 101. Required reporting of child and sexual abuse. Sec. 102. Civil remedy for personal injuries. TITLE II—United States Center for Safe Sport authorization Sec. 201. Expansion of the purposes of the corporation. Sec. 202. Designation of the United States Center for Safe Sport. Sec. 203. Additional requirements for granting sanctions for amateur athletic competitions. Sec. 204. General requirements for youth-serving amateur sports organizations. I Protecting young victims from sexual abuse 101. Required reporting of child and sexual abuse (a) Reporting requirement Section 226 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341 ) 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, including sexual 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, a member of a national governing body, or an amateur sports organization that participates in interstate or international amateur athletic competition, to interact with a minor or amateur athlete at an amateur sports organization facility or at any event sanctioned by a national governing body, a member of a national governing body, or such an amateur sports organization; (10) the term event includes travel, lodging, practice, competition, and health or medical treatment; (11) the terms amateur athlete , amateur athletic competition , amateur sports organization , international amateur athletic competition , and national governing body have the meanings given the terms in section 220501(b) of title 36, United States Code; and (12) the term as soon as possible means within a 24-hour period. ; (4) in subsection (d), in the first sentence, by inserting and for all covered individuals 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 individuals, 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 or a covered individual as described in subsection (a)(2) of such section 226 who, after facility, . 102. 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 the victim reaches 18 years of age. ; 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. . II United States Center for Safe Sport authorization 201. Expansion of the purposes of the corporation Section 220503 of title 36, United States Code, is amended— (1) in paragraph (13), by striking ; and and inserting a semicolon; (2) in paragraph (14), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (15) to promote a safe environment in sports that is free from abuse, including emotional, physical, and sexual abuse, of any amateur athlete. . 202. Designation of the United States Center for Safe Sport (a) In general Chapter 2205 of title 36, United States Code, is amended by adding at the end the following: 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. . (b) Conforming amendment Section 220501(b) of title 36, United States Code, is amended— (1) by redesignating paragraphs (4) through (8) as paragraphs (6) through (10), respectively; and (2) by inserting after paragraph (3), the following: (4) Center means the United States Center for Safe Sport designated under section 220541. (5) child abuse has the meaning given the term in section 212 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20302 ). . (c) Technical amendment The table of contents of 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. 220542. Additional duties. 220543. Records, audits, and reports. . 203. Additional requirements for granting sanctions for amateur athletic competitions Section 220525(b)(4) is amended— (1) in subparagraph (E), by striking ; and and inserting a semicolon; (2) in subparagraph (F), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (G) the amateur sports organization or person requesting sanction from a national governing body will implement and abide by the policies and procedures to prevent the abuse, including emotional, physical, and child abuse, of amateur athletes participating in amateur athletic activities applicable to such national governing body. . 204. General requirements for youth-serving amateur sports organizations (a) In general Subchapter II of chapter 2205 of title 36, United States Code, is amended by adding at the end the following: 220530. Other amateur sports organizations (a) In general An applicable amateur sports organization shall— (1) comply with the reporting requirements of section 226 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341 ); (2) establish 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 the applicable amateur sports organization without being in an observable and interruptible distance from another adult, except under emergency circumstances; (3) offer and provide consistent training 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 and reporting of child abuse to allow a complainant to report easily an incident of child abuse to appropriate persons; and (4) prohibit retaliation, by the applicable amateur sports organization, against any individual who makes a report under paragraph (1). (b) Definition of applicable amateur sports organization In this section, the term applicable amateur sports organization means an amateur sports organization— (1) that is not otherwise subject to the requirements under subchapter III; (2) that participates in an interstate or international amateur athletic competition; and (3) whose membership includes any adult who is in regular contact with an amateur athlete who is a minor. . (b) Technical amendment The table of contents of chapter 2205 of title 36, United States Code, is amended by inserting after the item relating to section 220529 the following: 220530. Other amateur sports organizations. .

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