[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1426 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 734
115th CONGRESS
  2d Session
                                S. 1426

                          [Report No. 115-443]

 To amend the Ted Stevens Olympic and Amateur Sports Act to expand the 
purposes of the corporation, to designate the United States Center for 
                  Safe Sport, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2017

    Mr. Thune (for himself, Mr. Nelson, Mr. Moran, Mr. Peters, Mr. 
 Sullivan, Ms. Klobuchar, and Mr. Blumenthal) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                           December 19, 2018

                Reported by Mr. Thune, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To amend the Ted Stevens Olympic and Amateur Sports Act to expand the 
purposes of the corporation, to designate the United States Center for 
                  Safe Sport, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``United States Center for 
Safe Sport Authorization Act of 2017''.</DELETED>

<DELETED>SEC. 2. EXPANSION OF THE PURPOSES OF THE 
              CORPORATION.</DELETED>

<DELETED>    Section 220503 of title 36, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (13), by striking ``; and'' and 
        inserting a semicolon;</DELETED>
        <DELETED>    (2) in paragraph (14), by striking the period at 
        the end and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(15) to promote a safe environment in sports 
        that is free from abuse, including emotional, physical, and 
        sexual abuse, of any amateur athlete.''.</DELETED>

<DELETED>SEC. 3. DESIGNATION OF THE UNITED STATES CENTER FOR SAFE 
              SPORT.</DELETED>

<DELETED>    (a) In General.--Chapter 2205 of title 36, United States 
Code, is amended by adding at the end the following:</DELETED>

       <DELETED>``Subchapter III--United States Center for Safe 
                            Sport</DELETED>

<DELETED>``220531. Designation of United States Center for Safe Sport.
<DELETED>``220532. Additional duties.
<DELETED>``220533. Records, audits, and reports.
<DELETED>``220534. Authorization of appropriations.
<DELETED>``Sec. 220531. Designation of United States Center for Safe 
              Sport</DELETED>
<DELETED>    ``(a) In General.--The United States Center for Safe Sport 
(referred to in this subchapter as the `Center') shall--</DELETED>
        <DELETED>    ``(1) serve as the independent national safe sport 
        organization and be recognized worldwide as the independent 
        national safe sport organization for the United 
        States;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(4) ensure that the policies and procedures 
        under paragraph (3) include requirements that all national 
        governing bodies and paralympic sports organizations follow the 
        policies and procedures of the Center;</DELETED>
        <DELETED>    ``(5) maintain an office for response and 
        resolution that shall establish mechanisms that allow for the 
        reporting, investigation, and adjudication of alleged sexual 
        abuse in violation of the Center's policies and procedures; 
        and</DELETED>
        <DELETED>    ``(6) ensure that the mechanisms under paragraph 
        (5) provide fair notice and an opportunity to be heard and 
        protect the privacy and safety of complainants.</DELETED>
<DELETED>    ``(b) Policies and Procedures.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Rule of construction.--Nothing in this 
        section shall be construed as altering, superseding, or 
        otherwise affecting the right of an amateur athlete to pursue 
        criminal or civil justice through the courts.</DELETED>
<DELETED>    ``(c) Limitation on Liability.--</DELETED>
        <DELETED>    ``(1) In general.--Except as provided in paragraph 
        (2), the Center, and each national governing body and 
        paralympic sports organization, including any officer, 
        employee, or agent thereof, 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 220532, or section 
        220533.</DELETED>
        <DELETED>    ``(2) Exception.--Paragraph (1) shall not apply in 
        any action in which the Center, a national governing body, or a 
        paralympic sports organization, or an officer, employee, or 
        agent thereof, acted with actual malice, or provided 
        information or took action not pursuant to this section, 
        section 220532, or section 220533.</DELETED>
<DELETED>``Sec. 220532. Additional duties.</DELETED>
<DELETED>    ``(a) In General.--The Center shall--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(2) include in the policies and procedures 
        developed under section 220531(a)(3)--</DELETED>
                <DELETED>    ``(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 sexual abuse of an amateur athlete 
                who is a minor to law enforcement authorities and other 
                appropriate authorities, including 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 sexual 
                abuse;</DELETED>
                <DELETED>    ``(B) a mechanism, approved by a trained 
                expert on child abuse, that allows a complainant to 
                report easily an incident of sexual abuse to the 
                Center, a national governing body, law enforcement 
                authorities, or other appropriate 
                authorities;</DELETED>
                <DELETED>    ``(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 
                exigent circumstances;</DELETED>
                <DELETED>    ``(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);</DELETED>
                <DELETED>    ``(E) oversight procedures, including 
                regular and random audits conducted by subject matter 
                experts unaffiliated with 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, and 
                subject to parental consent, to members who are minors, 
                regarding prevention of sexual abuse; and</DELETED>
                <DELETED>    ``(F) a mechanism by which a national 
                governing body or paralympic sports organization can--
                </DELETED>
                        <DELETED>    ``(i) share confidentially a 
                        report of suspected sexual 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 or paralympic sports 
                        organization to interact with an amateur 
                        athlete who is a minor, with each of the other 
                        national governing bodies, paralympic sports 
                        organizations, or facilities under the control 
                        of such entities; and</DELETED>
                        <DELETED>    ``(ii) withhold providing to an 
                        adult who is the subject of an allegation of 
                        sexual abuse authority to interact with an 
                        amateur athlete who is a minor until the 
                        resolution of such allegation.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>``Sec. 220533. Records, audits, and reports</DELETED>
<DELETED>    ``(a) Records.--The Center shall keep correct and complete 
records of account.</DELETED>
<DELETED>    ``(b) Report.--The Center shall submit an annual report to 
Congress, including--</DELETED>
        <DELETED>    ``(1) an audit conducted and submitted in 
        accordance with section 10101; and</DELETED>
        <DELETED>    ``(2) a description of the activities of the 
        Center.</DELETED>
<DELETED>``Sec. 220534. Authorization of appropriations</DELETED>
<DELETED>    ``There are authorized to be appropriated to the Center--
</DELETED>
        <DELETED>    ``(1) for fiscal year 2017, $1,000,000;</DELETED>
        <DELETED>    ``(2) for fiscal year 2018, $1,000,000;</DELETED>
        <DELETED>    ``(3) for fiscal year 2019, $1,000,000;</DELETED>
        <DELETED>    ``(4) for fiscal year 2020, $1,000,000; 
        and</DELETED>
        <DELETED>    ``(5) for fiscal year 2021, 
        $1,000,000.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--Section 220501(b) of title 36, 
United States Code, is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (4) through (8) as 
        paragraphs (5) through (9), respectively; and</DELETED>
        <DELETED>    (2) by inserting after paragraph (3), the 
        following:</DELETED>
        <DELETED>    ``(4) `Center' means the United States Center for 
        Safe Sport designated under section 220531.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Center for Safe Sport 
Authorization Act of 2017''.

SEC. 2. 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.''.

SEC. 3. 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:

         ``Subchapter III--United States Center for Safe Sport

``Sec. 220541. Designation of United States Center for Safe Sport
    ``(a) In General.--The United States Center for Safe Sport 
(referred to in this subchapter as the `Center') 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) ensure that the policies and procedures under 
        paragraph (3) include requirements that all national governing 
        bodies and paralympic sports organizations follow the policies 
        and procedures of the Center;
            ``(5) maintain an office for response and resolution that 
        shall establish mechanisms that allow for the reporting, 
        investigation, and adjudication of alleged sexual abuse in 
        violation of the Center's policies and procedures; and
            ``(6) ensure that the mechanisms under paragraph (5) 
        provide fair notice and an opportunity to be heard and protect 
        the privacy and safety of complainants.
    ``(b) Policies and Procedures.--
            ``(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.
            ``(2) Rule of construction.--Nothing in this section shall 
        be construed as altering, superseding, or otherwise affecting 
        the right of an amateur athlete to pursue criminal or civil 
        justice through the courts.
    ``(c) Limitation on Liability.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Center, and each national governing body and paralympic sports 
        organization, including any officer, employee, or agent 
        thereof, 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 the Center, a national governing body, or a 
        paralympic sports organization, or an officer, employee, or 
        agent thereof, acted with actual malice, or provided 
        information or took action not pursuant to this section, 
        section 220542, or section 220543.
``Sec. 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 (as defined in section 
                212 of the Victims of Child Abuse Act of 1990 (42 
                U.S.C. 13001a)) of an amateur athlete who is a minor to 
                law enforcement authorities and other appropriate 
                authorities, including 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 (as so 
                defined);
                    ``(B) a mechanism, approved by a trained expert on 
                child abuse, that allows a complainant to report easily 
                an incident of sexual 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 exigent 
                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 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, and 
                subject to parental consent, to members who are minors, 
                regarding prevention of sexual abuse; and
                    ``(F) a mechanism by which a national governing 
                body or paralympic sports organization can--
                            ``(i) share confidentially a report of 
                        suspected sexual 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 or paralympic sports 
                        organization to interact with an amateur 
                        athlete who is a minor, with each of the other 
                        national governing bodies, paralympic sports 
                        organizations, or facilities under the control 
                        of such entities; and
                            ``(ii) withhold providing to an adult who 
                        is the subject of an allegation of sexual 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.
``Sec. 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.
``Sec. 220544. Authorization of appropriations
    ``There are authorized to be appropriated to the Center--
            ``(1) for fiscal year 2017, $1,000,000;
            ``(2) for fiscal year 2018, $1,000,000;
            ``(3) for fiscal year 2019, $1,000,000;
            ``(4) for fiscal year 2020, $1,000,000; and
            ``(5) for fiscal year 2021, $1,000,000.''.
    (b) Conforming Amendment.--Section 220501(b) of title 36, United 
States Code, is amended--
            (1) by redesignating paragraphs (4) through (8) as 
        paragraphs (5) through (9), respectively; and
            (2) by inserting after paragraph (3), the following:
            ``(4) `Center' means the United States Center for Safe 
        Sport designated under section 220541.''.
    (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.''.
                                                       Calendar No. 734

115th CONGRESS

  2d Session

                                S. 1426

                          [Report No. 115-443]

_______________________________________________________________________

                                 A BILL

 To amend the Ted Stevens Olympic and Amateur Sports Act to expand the 
purposes of the corporation, to designate the United States Center for 
                  Safe Sport, and for other purposes.

_______________________________________________________________________

                           December 19, 2018

                       Reported with an amendment