[Congressional Record Volume 163, Number 91 (Thursday, May 25, 2017)]
[House]
[Pages H4577-H4582]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROTECTING YOUNG VICTIMS FROM SEXUAL ABUSE ACT OF 2017
The Committee resumed its sitting.
The CHAIR. The Chair recognizes the gentleman from Michigan.
Mr. CONYERS. Mr. Chairman, I reserve the balance of my time.
Mr. JOHNSON of Louisiana. Mr. Chairman, I yield 3 minutes to the
gentleman from Indiana (Mr. Messer).
Mr. MESSER. Mr. Chair, I rise today in strong support of H.R. 1973,
which aims to strengthen protections against child victims of sexual
abuse.
I am a parent. In fact, today, with me, I have my son, Hudson, and
one of my daughters, Ava.
Sadly, over the course of the past couple of years, countless stories
of young athletes being abused, including in Indiana, have revealed
glaring inadequacies in our law. These stories, many about coaches and
doctors and trainers and other adults who have abused their positions
of authority and trust to exploit young athletes, are appalling and, as
a parent, gut wrenching. Every one of these kids deserved better.
This bill aims to ensure that acts of suspected child abuse are
promptly reported to an organization's national governing body to make
sure that these cases are immediately disclosed to local or Federal law
enforcement authorities. Short of this requirement being codified into
law, predatory individuals can continue perpetrating horrific crimes
against young athletes with relative impunity.
In addition, this bill requires national governing bodies to develop
specific policies and procedures for reporting sexual abuse cases to
law enforcement and to keep track of individuals who leave one facility
due to complaints and then go to another facility to repeat that abuse
elsewhere.
I want to thank my colleague from Indiana (Mrs. Brooks) for her
important work on this legislation--she is my kids' second favorite
Member of Congress--and for her hard work on this important bill to
protect kids all across America from abuse.
I encourage my colleagues to support the bill.
Mr. CONYERS. Mr. Chairman, I am pleased to yield 5 minutes to the
gentlewoman from Texas (Ms. Jackson Lee), the ranking member on the
prime subcommittee on the House Judiciary Committee.
Ms. JACKSON LEE. Mr. Chair, I thank the distinguished ranking member
for yielding.
I thank the chairman of this committee and the manager of this bill,
and, particularly, I want to express my appreciation to the bipartisan
co-sponsors of this legislation--the gentlewoman from Indiana (Mrs.
Brooks), the gentlewoman from Florida (Ms. Frankel)--for coming
together around a concept of continuing to work to protect our
children; and where we can find bipartisanship, that is really very
special as relates to the message to the American people.
The Protecting Young Victims from Sexual Abuse Act requires that
personnel and employees of national governing bodies recognized by the
U.S. Olympic Committee report suspected incidents of child abuse,
including sexual abuse, to law enforcement. The importance of this is
to cease, end, stop, never have it again for those victims--never
report or hold it for years and years--who are impacted psychologically
and impacted for the rest of their life. Really, that is what has been
happening in years past.
This bill is intended to protect young athletes who, with great
expectation and excitement and challenge and wonderment and aspirations
for the Olympics, in their early years, desire to serve their Nation;
because when they put their bodies through this rigorous engagement in
sport day after day, week after week, month after month, hour after
hour, minute after minute, second after second, and deny themselves
other extracurricular activities, they do it for the passion of the
sport, for their recognition of excellence, but also to go to the
Olympics and make their Nation proud.
{time} 0945
And so what we have put them through with respect to not protecting
them against sexual assaults severely undermines, again, and
irreparably harms them. With H.R. 1973, we have an opportunity to
ensure that that never happens again.
The need for this legislation is best illustrated by the ongoing
scandal of
[[Page H4578]]
widespread abuse and exploitation of young gymnasts over the course of
20 years within USA Gymnastics--a prominent governing body of the U.S.
Olympic Committee--in particular, by a physician starting back in 1997
who engaged in such activities.
Allegations against him were not reported to law enforcement until
recently; and following the first public complaint against him in 2015,
more than 100 women filed complaints accusing him of sexual abuse, and
he now faces more than 20 criminal charges in Federal and State courts.
Again, this legislation is to turn the light on those who have
quietly abused these young men and women and, as well, done it with
impunity because no vehicle was provided for these young people to be
able to ensure that they would not be assaulted again.
The integrity that we bring to this process with this legislation,
the comfort that we give to families and parents when they entrust
their children to those who are coaches, doctors, leaders of teams,
sponsors of teams is vitally important. And the protections of this
bill, of reporting and ensuring that the light continues to stay on and
the darkness never comes for that young athlete who seeks that golden
platform or that first place or second place or third place, or even to
participate, that they can do it with the affirmation that the Nation
believes in their protection and their security and that they should
never, never, never face this alone.
I rise to support the legislation, H.R. 1973, and I ask my colleagues
to support this legislation.
Mr. JOHNSON of Louisiana. Mr. Chairman, I yield 3 minutes to the
gentleman from Minnesota (Mr. Paulsen).
Mr. PAULSEN. Mr. Chair, I thank the gentleman for yielding.
I would like to first express my thanks and appreciation as well to
the gentlewoman from Indiana (Mrs. Brooks), who is bringing this
legislation forward, H.R. 1973, of which I am a proud cosponsor. The
bill is the Protecting Young Victims from Sexual Abuse Act.
Every year, Mr. Chair, thousands of amateur athletes begin their
journey with the goal of one day being able to represent the United
States at the Olympics. This journey is often filled with years of
dedication, of sacrifice, of multiple setbacks, all in the hopes of
rising to the top of their craft.
Unfortunately, for some, this journey has also been scarred by sexual
abuse, and often this abuse comes from those who are closest to our
young athletes. These are the individuals that have been entrusted by
families all around the country to look after them, to take care of
them, to look after these loved ones during their training.
The bill today in the House that we are taking up is a step in the
right direction to help ensure that athletes are better protected. It
requires mandatory and immediate reporting of incidents of child sexual
abuse to both local and Federal law enforcement. No organization should
be able to stand idly by when a child is placed in harm's way and
becomes a victim.
The bill also directs our amateur athletic governing bodies to
develop and implement rigorous training and oversight practices to
prevent abuse of athletes in the future. Mr. Chair, our amateur
athletes and their families should never ever have to worry about their
children being abused by those who are closest to them, often in a very
trusted relationship.
We need to pass this critical legislation to give families the peace
of mind and prevent abuse. I urge all of my colleagues to support this
bipartisan bill.
Mr. CONYERS. Mr. Chair, I yield myself the balance of my time.
Mr. Chair, let me close by saying that protecting young victims from
sexual abuse is a necessary measure that will help ensure that young
athletes in this country are able to pursue their athletic dreams in a
safe environment and free of exploitation and abuse.
This bill imposes an affirmative duty on coaches, trainers,
instructors, doctors, and the like to protect the young athletes who
have been entrusted to their tutelage. This bill establishes remedies
for those who might be harmed, and this bill mandates training and
oversight to encourage compliance, vigilance, and protection.
I thank Chairman Goodlatte for facilitating the prompt consideration
of this bill, and the Judiciary Committee. I also want to recognize the
leadership of Senator Feinstein, the ranking member of the Senate
Judiciary Committee, who authored the Senate version of this bill and
who has been the leading voice in Congress in demanding we address
these issues.
Finally, I note that this important bipartisan legislation is
supported by many advocacy groups including the National Center for
Missing & Exploited Children; the National Children's Alliance; the
National Center for Victims of Crime; Rape, Abuse & Incest National
Network; and the United States Olympic Committee, as well as several of
its national governing bodies.
For the foregoing reasons, I urge all of my colleagues to join me in
supporting H.R. 1973, and I yield back the balance of my time.
Mr. JOHNSON of Louisiana. Mr. Chairman, I thank Mr. Conyers, Ms.
Jackson Lee, and all of those who have spoken in support of this bill
this morning, the Protecting Young Victims from Sexual Abuse Act.
It is exactly as it has been described. It is an important moment for
us, in a bipartisan consensus that we have reached, to protect our
young athletes. It has been articulated well, the purpose behind the
bill, and it is a proud moment for all of us as we stand for these
young athletes to defend them as they perform and use their God-given
talents that make our Nation so proud.
So, without belaboring the point, Mr. Chairman, I just want to
commend, again, Mrs. Brooks for introducing this important legislation,
and I also urge all of my colleagues to support it.
Mr. Chair, I yield back the balance of my time.
Mrs. BROOKS of Indiana. Mr. Chair, I rise today in strong support of
H.R. 1973--Protecting Young Victims From Sexual Abuse Act.
=========================== NOTE ===========================
May 25, 2017, on page H4578, the following appeared: Mr. Chair,
I rise today in strong support of
The online version has been corrected to read: Mrs. BROOKS of
Indiana. Mr. Chair, I rise today in strong support of
========================= END NOTE =========================
Since my time as a US Attorney and federal prosecutor, I have been
committed to battling child exploitation and abuse.
Last year, I was shocked--along with much of the country--when the
Indianapolis Star published an investigative piece that exposed
troubling allegations of sexual abuse at USA Gymnastics programs across
the country.
According to their report, over the last 20 years, at least 368 young
people--some Olympic hopefuls--were the victims of sexual abuse at the
hands of adults they trusted--coaches, trainers, doctors and other
adults associated with USA Gymnastics. They reported the abuse to USA
Gymnastics--and unfortunately, USA Gymnastics failed, in many cases, to
report their abuse to law enforcement authorities.
The article shed light on their stories and inspired the legislation
that is before us today. According to the more than 5,600 pages of USA
Gymnastics records released by the Indy Star, some of the 54 coaches
who had been accused of sexual abuse by young athletes in their care
weren't banned from gymnastics until years after their history of abuse
had been reported to and kept in complaint files by USA Gymnastics.
One USA Gymnastics doctor, Dr. Nassar--abused young women and girls
for more than 20 years, and more than 100 women have come forward today
to share their stories of abuse at his hands.
I understand how challenging it is to share painful stories of sexual
abuse, and I am proud of the brave gymnasts who have shared their
stories. Stories that should never have happened, and stories that went
inexcusably unanswered.
Their stories demand our attention and action.
Not only to provide victims with the justice denied to them for so
long, but also to protect future generations of Olympic hopefuls.
I want to acknowledge the work of Senator Dianne Feinstein of
California who is leading this bill in the Senate, and my colleagues in
the Bipartisan Women's Caucus who joined me to offer the Protecting
Young Victims from Sexual Abuse Act. Our legislation is an important
step towards protecting our young athletes.
Our legislation addresses this dangerous silence that, as the Indy
Star investigative piece showed, plagued the USA Gymnastics. A silence
that led to more girls being abused, hurt, and harmful coaches who
faced little to no repercussions for their heinous actions.
The abuse should have been first and foremost, prevented. The system
utterly failed when the abuse was not detected, and not promptly
reported. The Olympic community failed and must do better.
Our bill makes sure that national governing bodies entrusted with the
health and well-being of young athletes and future Olympians promptly
report any allegations of sexual abuse to law enforcement authorities
and implement stronger policies and procedures to prevent this from
happening again.
[[Page H4579]]
I applaud Senator Feinstein and my colleagues in the House who joined
the effort to move this important legislation forward, and applaud the
victims who shared their story to protect others.
The CHAIR. All time for general debate has expired. Pursuant to the
rule, the bill shall be considered for amendment under the 5-minute
rule.
In lieu of the amendment in the nature of a substitute recommended by
the Committee on the Judiciary, printed in the bill, it shall be in
order to consider as an original bill for the purpose of amendment
under the 5-minute rule an amendment in the nature of a substitute
consisting of the text of Rules Committee Print 115-20. That amendment
in the nature of a substitute shall be considered as read.
The text of the amendment in the nature of a substitute is as
follows:
=========================== NOTE ===========================
May 25, 2017, on page H4579, the following appeared: The text of
the committee amendment
The online version has been corrected to read: The text of the
amendment
========================= END NOTE =========================
H.R. 1973
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Young Victims
from Sexual Abuse Act of 2017''.
SEC. 2. REQUIRED REPORTING OF CHILD AND SEXUAL ABUSE AT
FACILITIES UNDER THE JURISDICTION OF AMATEUR
SPORTS ORGANIZATIONS RECOGNIZED BY THE UNITED
STATES OLYMPIC COMMITTEE.
(a) Reporting Requirement.--Section 226 of the Victims of
Child Abuse Act of 1990 (42 U.S.C. 13031) is amended--
(1) in subsection (a)--
(A) by striking ``A person who'' and inserting the
following:
``(1) Covered professionals.--A person who''; and
(B) by adding at the end the following:
``(2) Covered individuals.--A covered individual who learns
of facts that give reason to suspect that a child has
suffered an incident of child abuse shall as soon as possible
make a report of the suspected abuse to the agency designated
by the Attorney General under subsection (d).'';
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ``subsection (a)'' and inserting
``subsection (a)(1)'';
(3) in subsection (c)--
(A) in paragraph (7), by striking ``and'' at the end;
(B) in paragraph (8), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(9) the term `covered 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,'';
(6) in subsection (h), by inserting ``and all covered
individuals,'' after ``facilities,''; and
(7) by adding at the end the following:
``(i) Rule of Construction.--Nothing in this section shall
be construed to require a victim of child abuse to self-
report the abuse.''.
(b) Penalty for Failure to Report.--Section 2258 of title
18, United States Code, is amended by inserting after
``facility,'' the following: ``or a covered individual (as
described in subsection (a)(2) of such section 226) who''.
SEC. 3. CIVIL REMEDY FOR PERSONAL INJURIES.
Section 2255 of title 18, United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--Any person who, while a minor, was a
victim of a violation of section 1589, 1590, 1591, 2241(c),
2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or
2423 of this title and who suffers personal injury as a
result of such violation, regardless of whether the injury
occurred while such person was a minor, may sue in any
appropriate United States District Court and shall recover
the actual damages such person sustains or liquidated damages
in the amount of $150,000, and the cost of the action,
including reasonable attorney's fees and other litigation
costs reasonably incurred. The court may also award punitive
damages and such other preliminary and equitable relief as
the court determines to be appropriate.'';
(2) in subsection (b), by striking ``filed within'' and all
that follows through the end and inserting the following:
``file--
``(1) not later than 10 years after the date on which the
plaintiff reasonably discovers the later of--
``(A) the violation that forms the basis for the claim; or
``(B) the injury that forms the basis for the claim; or
``(2) not later than 10 years after the date on which a
legal disability ends.''; and
(3) by adding at the end the following:
``(c) Venue; Service of Process.--
``(1) Venue.--Any action brought under subsection (a) may
be brought in the district court of the United States that
meets applicable requirements relating to venue under section
1391 of title 28.
``(2) Service of process.--In an action brought under
subsection (a), process may be served in any district in
which the defendant--
``(A) is an inhabitant; or
``(B) may be found.''.
SEC. 4. EXPANSION OF AUTHORITIES AND DUTIES OF AMATEUR SPORTS
ORGANIZATIONS RECOGNIZED BY THE UNITED STATES
OLYMPIC COMMITTEE TO PREVENT THE ABUSE OF MINOR
AND AMATEUR ATHLETES.
(a) Expansion of Authorities.--Section 220523(a) of title
36, United States Code, is amended--
(1) in paragraph (6), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (7), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(8) develop training, oversight practices, policies, and
procedures to prevent the abuse, including physical abuse and
sexual abuse, of any minor or amateur athlete by any
adult.''.
(b) Additional Duties.--Section 220524 of such title is
amended--
(1) by inserting ``(a) In General.--'' before ``For the
sport'';
(2) in paragraph (8), by striking ``; and'' and inserting a
semicolon;
(3) in paragraph (9), by striking the period and inserting
a semicolon; and
(4) by adding at the end the following:
``(10) develop and enforce policies, mechanisms, and
procedures to prevent the abuse, including physical abuse and
sexual abuse, of any minor or amateur athlete, including--
``(A) requiring all adults authorized by a national
governing body or a member of a national governing body to
interact with a minor or amateur athlete at an amateur sports
organization facility or at any event sanctioned by a
national governing body or a member of a national governing
body, to report facts that give reason to suspect child
abuse, including sexual abuse, as required by relevant
Federal or State law, to law enforcement authorities and
other appropriate authorities, including an entity designated
by the corporation to investigate and resolve such
allegations;
``(B) establishing a mechanism, approved by a trained
expert on child abuse, that allows an individual to easily
report an incident of child abuse as described in
subparagraph (A) to the national governing body or another
authority, including an entity designated by the corporation;
``(C) procedures to ensure that covered individuals are
instructed to avoid one-on-one situations with any amateur
athlete who is a minor (other than such an athlete for whom
the covered individual is a 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 prevention of
sexual 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), 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
[[Page H4580]]
civil or criminal action if the United States Olympic
Committee, a national governing body, an amateur sports
organization, facility, or event under the jurisdiction of a
national governing body, or an entity designated by the
United States Olympic Committee to investigate and resolve
sexual misconduct allegations described in subsection
(a)(11), or a director, officer, employee, or agent of such
entity acted or failed to act--
``(A) with reckless disregard for a risk of causing injury;
or
``(B) for a purpose unrelated to the performance of any
responsibility or function described in subsection (a)(11).
``(3) Limited effect.--Nothing in this section shall apply
to any act or omission arising out of any responsibility or
function not described in subsection (a)(11).''.
(c) Rule of Construction.--Section 220522 of such title is
amended by adding at the end the following:
``(c) Rule of Construction.--Nothing in subsection (a)
shall be construed to limit the ability of a national
governing body to develop a policy or procedure to prevent an
individual who is the subject of an allegation of sexual
misconduct from interacting with a minor or amateur athlete
until such time as the national governing body, or an entity
with applicable jurisdiction resolves such allegation.''.
(d) Review of Recognition of Amateur Sports Organizations
as National Governing Bodies.--Section 220521(d) of title 36,
United States Code, is amended by striking ``may'' each place
it appears and inserting ``shall''.
The CHAIR. No amendment to that amendment in the nature of a
substitute shall be in order except those printed in part A of House
Report 115-152. Each such amendment may be offered only in the order
printed in the report, by a Member designated in the report, shall be
considered as read, shall be debatable for the time specified in the
report equally divided and controlled by the proponent and an opponent,
shall not be subject to amendment, and shall not be subject to a demand
for division of the question.
Amendment No. 1 Offered by Mr. Johnson of Louisiana
The CHAIR. It is now in order to consider amendment No. 1 printed in
part A of House Report 115-152.
Mr. JOHNSON of Louisiana. Mr. Chairman, as the designee of Chairman
Goodlatte, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 2, strike line 16, and all that follows through line 3
on page 3, and insert the following:
``(9) the term `covered individual' means an adult who is
authorized by a national governing body or a member of a
national governing body to interact with a minor or amateur
athlete at an amateur sports organization facility or at any
event sanctioned by a national governing body or a member of
a national governing body;
``(10) the term `event' includes travel, practice,
competition, and health or medical treatment; and
``(11) the terms `amateur athlete', `amateur sports
organization', and `national governing body' have the
meanings given such terms in section 220501(b) of title 36,
United States Code.''.
Page 4, line 19, strike ``file'' and insert ``filed''.
Page 7, strike line 16 and all that follows through line
25, and insert the following:
``(C) reasonable procedures designed to avoid one-on-one
interactions between an amateur athlete who is a minor and an
adult (who is not the minor's legal guardian) at an amateur
sports organization facility, at any event sanctioned by a
national governing body, or any event sanctioned by a member
of a national governing body, without being observable or
interruptible by another adult, except where the safety and
welfare of the minor requires; and''.
The CHAIR. Pursuant to House Resolution 352, the gentleman from
Louisiana (Mr. Johnson) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Louisiana.
Mr. JOHNSON of Louisiana. Mr. Chair, I yield myself such time as I
may consume.
I am happy to introduce this manager's amendment to H.R. 1973, the
Protecting Young Victims from Sexual Abuse Act. This amendment is very
simple. It defines who is covered by the mandatory reporting
requirement in the underlying bill. The definition harmonizes language
with the underlying statute, defining this class not by location, but
by simply keeping the jurisdictional reference where it belongs: in the
national governing body or a member of a national governing body.
The amendment also defines the term ``event'' to include travel,
practice, competition, and health or medical treatment. This definition
is important as events in USA Gymnastics revealed abuse by USA
Gymnastics' team doctor Larry Nassar, who molested dozens of young
girls under the guise of medical treatment. Moreover, other allegations
of abuse show that it sometimes took place during travel to various
competitions.
The amendment also clarifies duties of national governing bodies.
Under the amendment, national governing bodies must implement
reasonable procedures designed to avoid one-on-one interactions between
minors and adults that are not within an observable or interruptible
distance.
This amendment assures that the 47 different national governing
bodies can implement procedures that make sense, given the sport they
cover, the reach of their influence, and the resources available to
them.
Mr. Chairman, I reserve the balance of my time.
Mr. CONYERS. Mr. Chair, I claim the time in opposition, although I do
not oppose the bill or the amendment.
The CHAIR. Without objection, the gentleman from Michigan is
recognized for 5 minutes.
There was no objection.
Mr. CONYERS. Mr. Chair, I yield myself such time as I may consume.
I rise in support of the amendment offered by the gentleman and point
out that this amendment addresses the provisions in the bill concerning
one-on-one interactions between young athletes and the adults who work
with them.
The existing version of the bill requires the national governing
bodies instruct coaches, instructors, doctors, and the like to avoid
one-on-one situations with the young athletes that cannot be observed
or interrupted by another adult. Under the proposed change, national
governing bodies will be required to institute and enforce reasonable
procedures designed to avoid one-on-one interactions between young
athletes and their coaches, instructors, and doctors that cannot be
observed or interrupted by another adult.
Mr. Goodlatte's amendment also harmonizes language used in the bill
with language in the underlying statute and makes technical and
conforming changes.
I support this amendment and the changes it makes to enhance H.R.
1973, and I look forward to further discussions of these provisions
with the Senate, with the goal of producing a consensus bill for
enactment.
I reserve the balance of my time.
Mr. JOHNSON of Louisiana. Mr. Chair, I reserve the balance of my
time.
Mr. CONYERS. Mr. Chair, I yield 1 minute to the gentlewoman from
Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Mr. Chair, I am pleased to join the gentleman from
Louisiana and the ranking member from Michigan in support of this
amendment. I think it has an underlying premise that we should all
celebrate and attempt to ensure that it is in place.
I, too, agree that I look forward to reconciling the House and Senate
bill, but the amendment specifically addresses the provisions in the
bill concerning one-on-one interactions between young athletes and the
adults who they work with; and I believe the clear understanding that
we all hope can be implemented is that we don't have one-on-one
interactions without overall supervision or other kids or other adult
participants so that we do not create an atmosphere where a child can
be intimidated or abused.
Under the proposed change, national governing bodies will be required
to institute and enforce reasonable procedures designed to avoid one-
on-one interactions between young athletes and their coaches,
instructors, and doctors that cannot be observed or interrupted by
another adult.
First of all, we know that the expanse of sports is expanding. There
are so many new sports, so many new opportunities for adults, many
committed and dedicated adults, but the real issue is: Let's protect
the children.
Mr. Chair, I rise to support the Goodlatte amendment.
{time} 1000
Mr. CONYERS. Mr. Chair, I yield back the balance of my time.
Mr. JOHNSON of Louisiana. Mr. Chair, in closing, I echo what has been
[[Page H4581]]
said already, and I appreciate the comments of my colleagues and
acknowledge, again, that the manager's amendment is very simple. It
simply seeks to clear up language and define these terms. It is a
necessary alteration to the bill, and I encourage our colleagues to
support the amendment.
Mr. Chair, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Louisiana (Mr. Johnson).
The amendment was agreed to.
AMENDMENT NO. 2 OFFERED BY MR. COSTA
The CHAIR. It is now in order to consider amendment No. 2 printed in
part A of House Report 115-152.
Mr. COSTA. Mr. Chair, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 4, line 21, strike ``reasonably''.
The CHAIR. Pursuant to House Resolution 352, the gentleman from
California (Mr. Costa) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. COSTA. Mr. Chair, as a co-chair of the Victims' Rights Caucus,
along with Congressman Ted Poe, we have over 70 members, bipartisan, to
focus on protecting victims of crime. We also try to ensure that we
protect the VOCA funding that goes for very worthwhile efforts for
organizations throughout the country and to recognize and honor every
year those who stand out on behalf of victims of crime.
I want to commend the chairman and the ranking member for advancing
this legislation, as well as my Senate colleagues, because there is a
companion piece of legislation that is attempting to address this
horrible issue in which you have so often young athletes--Olympic-
caliber athletes--some who actually have participated in the Olympics,
who, at a very young age, find themselves victims of these horrific
crimes, through no fault of their own.
Sexual assault, in any form, is a horrible crime and it leaves
lasting damage to its victims. Sadly, some victims of assault are
children who may be incapable of truly understanding what is happening
to them at the time. However, years later, when this poor child comes
to understand what happened, they are faced with the reality that
someone who is supposed to be looking after their well-being actually
betrayed them. This leaves real and very lasting damage that can take
decades, if not years, for the person to deal with.
In some instances, sexual assault victims may not discover their
injuries or the violation until adulthood, years after the abuse
happened, years after the processing of their own internal trauma,
years after feeling strong enough finally to go public.
A perfect example of this is in child pornography. How is a young
child supposed to find, process, and accuse someone of a crime that
they simply didn't even know existed?
There are legitimate constitutional debates dealing with the criminal
and civil process. We understand that. Current and future legal
scholars will debate those. I am not a lawyer; I am a farmer. But as a
farmer, I know we should be able to agree on one simple principle, and
that principle is that these victims deserve their day in court, they
deserve due process, and they deserve their time to face the person who
assaulted them and to ask their fellow citizens or a judge for justice.
It is our responsibility to do what we can to protect child victims
and to ensure that they have access to the courts. That is what this
amendment is all about.
Mr. Chairman, I want to, in the effort of comity, offer this
amendment, but I will ask to respectfully withdraw the amendment. This
is an issue that is not going to go away. I know there are different
perceptions on how we deal with this.
Mr. JOHNSON of Louisiana. Will the gentleman yield?
Mr. COSTA. I yield to the gentleman.
Mr. JOHNSON of Louisiana. I appreciate the gentleman's remarks and
his support for this important legislation.
Victims should, of course, have reasonable opportunity to seek
justice and face their accusers in court. This bill is a good one and
fair to all parties, and I look forward to working with the gentleman
to get it to the President's desk.
Mr. COSTA. I will accept that and continue to work with the gentleman
and Chairman Goodlatte from Virginia, because, at the end of the day,
to have some success and to move this forward, we are going to have to
have reconciliation between the Senate bill and the House bill in how
this is treated. I would hope that we would gain that agreement, and
then we could move the legislation for signature.
Mr. Chair, I ask unanimous consent to withdraw my amendment.
The CHAIR. Is there objection to the request of the gentleman from
California?
There was no objection.
The CHAIR. The amendment is withdrawn.
AMENDMENT NO. 3 OFFERED BY MR. O'HALLERAN
The CHAIR. It is now in order to consider amendment No. 3 printed in
part A of House Report 115-152.
Mr. O'HALLERAN. Mr. Chair, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 7, line 25, strike ``and'' at the end.
Page 8, insert after line 10 the following:
``(E) requiring dedicated information and resources, which
may include sexual assault hotlines and victims' support
resources, to be clearly listed on the national governing
body's official website; and''.
The CHAIR. Pursuant to House Resolution 352, the gentleman from
Arizona (Mr. O'Halleran) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Arizona.
Mr. O'HALLERAN. Mr. Chair, as a former law enforcement officer, I
know all too well what happens when our institutions fail to protect
our most valued and treasured among us: our children.
The recent reports of young athletes experiencing sexual assault and
abuse at the hands of trusted adults are not just abhorrent, they are
unacceptable.
Last year, tragically, one of our own young gymnasts in Mesa,
Arizona, came forward after years of abuse by a coach at his gym.
We must do better. No child anywhere should face the risk of abuse.
That is why I am proud to support the bill before us today, which will
go a long way in protecting our young athletes.
My bipartisan amendment, which is cosponsored by Congresswoman Sinema
and Congressman Biggs, simply builds on the underlying bill's spirit by
requiring national governing bodies to clearly list information and
resources, which may include sexual assault hotlines and victim support
resources, on their official websites.
As a former cop who has dealt with vulnerable victims, I know from my
experience that resources like sexual assault hotlines are a critical
tool between victims, families, local health providers, and law
enforcement.
Requiring governing bodies, like USA Gymnastics, to clearly list this
type of information on their websites is an important step forward in
ensuring support for victims and their families.
As adults and parents, we place our children in the trusted hands of
coaches, trainers, and others when we support and encourage their
involvement in sports.
We all know sports play such a critical role in so many of our
communities. It is where we learn about teamwork, resilience, hard
work, and perseverance. These spaces should be safe for children to
learn, grow, and develop as healthy athletes and adults.
We have a moral obligation to ensure our kids have protection and
access to the information they deserve. My commonsense amendment helps
do just that.
I thank Representative Sinema and Representative Biggs for their
support on this amendment, as well as the sponsors of H.R. 1973 for
their good work on this important bill.
I urge my colleagues to support my amendment.
Mr. Chair, I reserve the balance of my time.
Mr. JOHNSON of Louisiana. Mr. Chair, I claim the time in opposition,
although I am not opposed to this commonsense amendment, as has just
been articulated.
[[Page H4582]]
The CHAIR. Without objection, the gentleman is recognized for 5
minutes.
There was no objection.
Mr. JOHNSON of Louisiana. Mr. Chair, I want to thank Mr. O'Halleran
and Mr. Biggs for offering this amendment. It will help to prevent
abuse at these national governing bodies and, as stated, it will
encourage children to report abuse when they are able to quickly and
easily access this information.
Mr. Chair, I reserve the balance of my time.
Mr. O'HALLERAN. Mr. Chairman, I yield such time as she may consume to
the gentlewoman from Arizona (Ms. Sinema).
Ms. SINEMA. Mr. Chair, I thank Mr. O'Halleran for yielding and for
his leadership on this important issue.
Sexual abuse is abhorrent. It is particularly abhorrent when it is
conducted by an individual in a position of authority: a coach, a
trainer, a teacher.
The community of Mesa, Arizona, which Mr. Biggs and I represent, was
rocked by a tragic event in which a young athlete was abused for at
least 3 years before receiving help. Had he or other young athletes
experiencing similar nightmares had access to resources and support,
perhaps the nightmare could have ended sooner, perhaps it could have
been prevented.
Our bipartisan amendment is simple. It builds on a very good
bipartisan bill by requiring governing bodies to list dedicated
information and resources for victims and families on official
websites.
No individual should suffer from sexual abuse. No family should go
without support when they are in need.
I thank the two gentlemen, my friends from Arizona, Mr. O'Halleran
and Mr. Biggs, for cosponsoring this amendment. I urge my colleagues to
vote ``yes'' on our amendment and to support the underlying bill.
Mr. O'HALLERAN. Mr. Chair, I yield back the balance of my time.
Mr. JOHNSON of Louisiana. Mr. Chair, I yield 2 minutes to the
gentlewoman from Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. I thank the gentleman from Louisiana for his
courtesies. I want to enthusiastically congratulate and thank the
gentlemen and gentlewoman from Arizona for responding to their
constituents and answering a question positively about protecting our
young people.
I spoke earlier today about what happens with young people and their
aspirations when they engage in sports. They want to win, but they also
want to, if you will, to impress adults and to show that they can do
the very best that they can do.
So I want to congratulate them for this amendment that advances the
purposes and goals of protecting young victims from sexual abuse by
requiring the national governing bodies to include resources and
information regarding sexual assault and having sexual assault hotlines
and other victim support services on their websites.
With this new technology, it will be at their fingertips. They don't
have to, in essence, expose themselves. They can get this information
and readily access the very people that will help them.
So I want to congratulate the manager, Mr. Conyers, and, of course,
the chairman of the committee and the proponents of the underlying
bill. I want to congratulate Mr. O'Halleran. His efforts here are to be
commended, and I thank him for this insightful amendment to the
legislation.
Mr. JOHNSON of Louisiana. Mr. Chairman, I yield back the balance of
my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Arizona (Mr. O'Halleran).
The amendment was agreed to.
The CHAIR. The question is on the amendment in the nature of a
substitute, as amended.
The amendment was agreed to.
The CHAIR. Under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
McCarthy) having assumed the chair, Mr. Poliquin, Chair of the
Committee of the Whole House on the state of the Union, reported that
that Committee, having had under consideration the bill (H.R. 1973) 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, and, pursuant to House Resolution 352, he
reported the bill back to the House with an amendment adopted in the
Committee of the Whole.
The SPEAKER pro tempore (Mr. Poliquin). Under the rule, the previous
question is ordered.
Is a separate vote demanded on any amendment to the amendment
reported from the Committee of the Whole?
If not, the question is on the amendment in the nature of a
substitute, as amended.
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. GOODLATTE. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
____________________