[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 534 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 121
115th CONGRESS
  1st Session
                                 S. 534

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.


_______________________________________________________________________


                   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.

    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 ``Protecting Young Victims 
from Sexual Abuse Act of 2017''.</DELETED>

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

<DELETED>    (a) Reporting Requirement.--Section 226 of the Victims of 
Child Abuse Act of 1990 (42 U.S.C. 13031) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) by striking ``A person who'' and 
                inserting the following:</DELETED>
        <DELETED>    ``(1) Covered professionals.--A person who''; 
        and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(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).'';</DELETED>
        <DELETED>    (2) in subsection (b), in the matter preceding 
        paragraph (1), by striking ``subsection (a)'' and inserting 
        ``subsection (a)(1)'';</DELETED>
        <DELETED>    (3) in subsection (c)--</DELETED>
                <DELETED>    (A) in paragraph (7), by striking ``and'' 
                at the end;</DELETED>
                <DELETED>    (B) in paragraph (8), by striking the 
                period at the end and inserting a semicolon; 
                and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(9) the term `covered facility' means a facility 
        over which a national governing body has 
        jurisdiction;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(11) the term `national governing body' has the 
        meaning given the term in section 220501(b) of title 36, United 
        States Code.'';</DELETED>
        <DELETED>    (4) in subsection (d), in the first sentence, by 
        inserting ``and for all covered facilities'' after 
        ``reside'';</DELETED>
        <DELETED>    (5) in subsection (f), in the first sentence--
        </DELETED>
                <DELETED>    (A) by striking ``and on all'' and 
                inserting ``on all''; and</DELETED>
                <DELETED>    (B) by inserting ``and for all covered 
                facilities,'' after ``lands,''; and</DELETED>
        <DELETED>    (6) in subsection (h), by inserting ``and all 
        covered individuals,'' after ``facilities,''.</DELETED>
<DELETED>    (b) Penalty for Failure To Report.--Section 2258 of title 
18, United States Code, is amended--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) by striking ``not more than 1 year'' and 
        inserting ``not more than 3 years''.</DELETED>

<DELETED>SEC. 3. CIVIL REMEDY FOR PERSONAL INJURIES.</DELETED>

<DELETED>    Section 2255 of title 18, United States Code, is amended--
</DELETED>
        <DELETED>    (1) by striking subsection (a) and inserting the 
        following:</DELETED>
<DELETED>    ``(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.'';</DELETED>
        <DELETED>    (2) in subsection (b), by striking ``filed 
        within'' and all that follows through the end and inserting the 
        following: ``filed--</DELETED>
        <DELETED>    ``(1) not later than 10 years after the date on 
        which the plaintiff discovers the later of--</DELETED>
                <DELETED>    ``(A) the violation that forms the basis 
                for the claim; or</DELETED>
                <DELETED>    ``(B) the injury that forms the basis for 
                the claim; or</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
<DELETED>    ``(c) Venue; Service of Process.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Service of process.--In an action brought 
        under subsection (a), process may be served in any district in 
        which the defendant--</DELETED>
                <DELETED>    ``(A) is an inhabitant; or</DELETED>
                <DELETED>    ``(B) may be found.''.</DELETED>

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

<DELETED>    (a) Expansion of Authorities.--Section 220523(a) of title 
36, United States Code, is amended--</DELETED>
        <DELETED>    (1) in paragraph (6), by striking ``; and'' and 
        inserting a semicolon;</DELETED>
        <DELETED>    (2) in paragraph (7), by striking the period and 
        inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Additional Duties.--Section 220524 of such title is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (8), by striking ``; and'' and 
        inserting a semicolon;</DELETED>
        <DELETED>    (2) in paragraph (9), by striking the period and 
        inserting a semicolon; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    ``(11) in the case of a national governing body 
        with jurisdiction over more than one athletic facility, 
        establish a mechanism by which--</DELETED>
                <DELETED>    ``(A) the national governing body can--
                </DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) share a report received 
                        under subparagraph (A) with each of the other 
                        athletic facilities under the jurisdiction of 
                        the national governing body; and</DELETED>
                <DELETED>    ``(B) an athletic facility under the 
                jurisdiction of the national governing body can--
                </DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (c) Rule of Construction.--Section 220522 of such title is 
amended by adding at the end the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Young Victims from Sexual 
Abuse Act of 2017''.

SEC. 2. REQUIRED REPORTING OF CHILD AND SEXUAL ABUSE.

    (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''.

SEC. 3. CIVIL REMEDY FOR PERSONAL INJURIES.

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

SEC. 4. EXPANSION OF AUTHORITIES AND DUTIES OF 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''.
                                                       Calendar No. 121

115th CONGRESS

  1st Session

                                 S. 534

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              June 8, 2017

                       Reported with an amendment