[Congressional Record Volume 163, Number 186 (Tuesday, November 14, 2017)]
[Senate]
[Pages S7217-S7219]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1584. Mr. McCONNELL (for Mrs. Feinstein (for herself, Mr. Thune, 
Mr. Nelson, Ms. Collins, Mr. Donnelly, Mr. Young, Mr. Durbin, and Ms. 
Warren)) proposed an amendment to the bill 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; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Protecting 
     Young Victims from Sexual Abuse and Safe Sport Authorization 
     Act of 2017''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

          TITLE I--PROTECTING YOUNG VICTIMS FROM SEXUAL ABUSE

Sec. 101. Required reporting of child and sexual abuse.
Sec. 102. Civil remedy for personal injuries.

      TITLE II--UNITED STATES CENTER FOR SAFE SPORT AUTHORIZATION

Sec. 201. Expansion of the purposes of the corporation.
Sec. 202. Designation of the United States Center for Safe Sport.
Sec. 203. Additional requirements for granting sanctions for amateur 
              athletic competitions.
Sec. 204. General requirements for youth-serving amateur sports 
              organizations.

          TITLE I--PROTECTING YOUNG VICTIMS FROM SEXUAL ABUSE

     SEC. 101. REQUIRED REPORTING OF CHILD AND SEXUAL ABUSE.

       (a) Reporting Requirement.--Section 226 of the Victims of 
     Child Abuse Act of 1990 (34 U.S.C. 20341) is amended--
       (1) in subsection (a)--
       (A) by striking ``A person who'' and inserting the 
     following:
       ``(1) Covered professionals.--A person who''; and
       (B) by adding at the end the following:
       ``(2) Covered individuals.--A covered individual who learns 
     of facts that give reason to suspect that a child has 
     suffered an incident of child abuse, including sexual abuse, 
     shall as soon as possible make a report of the suspected 
     abuse to the agency designated by the Attorney General under 
     subsection (d).'';
       (2) in subsection (b), in the matter preceding paragraph 
     (1), by striking ``subsection (a)'' and inserting 
     ``subsection (a)(1)'';
       (3) in subsection (c)--
       (A) in paragraph (7), by striking ``and'' at the end;
       (B) in paragraph (8), by striking the period at the end and 
     inserting a semicolon; and
       (C) by adding at the end the following:
       ``(9) the term `covered individual' means an adult who is 
     authorized, by a national governing body, a member of a 
     national governing body, or an amateur sports organization 
     that participates in interstate or international amateur 
     athletic competition, to interact with a minor or amateur 
     athlete at an amateur sports organization facility or at any 
     event sanctioned by a national governing body, a member of a 
     national governing body, or such an amateur sports 
     organization;
       ``(10) the term `event' includes travel, lodging, practice, 
     competition, and health or medical treatment;
       ``(11) the terms `amateur athlete', `amateur athletic 
     competition', `amateur sports organization', `international 
     amateur athletic competition', and `national governing body' 
     have the meanings given the terms in section 220501(b) of 
     title 36, United States Code; and
       ``(12) the term `as soon as possible' means within a 24-
     hour period.'';
       (4) in subsection (d), in the first sentence, by inserting 
     ``and for all covered individuals'' after ``reside'';
       (5) in subsection (f), in the first sentence--
       (A) by striking ``and on all'' and inserting ``on all''; 
     and
       (B) by inserting ``and for all covered individuals,'' after 
     ``lands,'';
       (6) in subsection (h), by inserting ``and all covered 
     individuals,'' after ``facilities,''; and
       (7) by adding at the end the following:
       ``(i) Rule of Construction.--Nothing in this section shall 
     be construed to require a victim of child abuse to self-
     report the abuse.''.
       (b) Penalty for Failure to Report.--Section 2258 of title 
     18, United States Code, is amended by inserting ``or a 
     covered individual as described in subsection (a)(2) of such 
     section 226 who,'' after ``facility,''.

     SEC. 102. CIVIL REMEDY FOR PERSONAL INJURIES.

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

      TITLE II--UNITED STATES CENTER FOR SAFE SPORT AUTHORIZATION

     SEC. 201. EXPANSION OF THE PURPOSES OF THE CORPORATION.

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

     SEC. 202. DESIGNATION OF THE UNITED STATES CENTER FOR SAFE 
                   SPORT.

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

         ``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 
     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;

[[Page S7218]]

       ``(4) maintain an office for response and resolution that 
     shall establish mechanisms that allow for the reporting, 
     investigation, and resolution, pursuant to subsection (c), of 
     alleged sexual abuse in violation of the Center's policies 
     and procedures; and
       ``(5) ensure that the mechanisms under paragraph (4) 
     provide fair notice and an opportunity to be heard and 
     protect the privacy and safety of complainants.
       ``(b) Policies and Procedures.--The policies and procedures 
     developed under subsection (a)(3) shall apply as though they 
     were incorporated in and made a part of section 220524 of 
     this title.
       ``(c) Binding Arbitration.--
       ``(1) In general.--The Center may, in its discretion, 
     utilize a neutral arbitration body and develop policies and 
     procedures to resolve allegations of sexual abuse within its 
     jurisdiction to determine the opportunity of any amateur 
     athlete, coach, trainer, manager, administrator, or official, 
     who is the subject of such an allegation, to participate in 
     amateur athletic competition.
       ``(2) Preservation of rights.--Nothing in this section 
     shall be construed as altering, superseding, or otherwise 
     affecting the right of an individual within the Center's 
     jurisdiction to pursue civil remedies through the courts for 
     personal injuries arising from abuse in violation of the 
     Center's policies and procedures, nor shall the Center 
     condition the participation of any such individual in a 
     proceeding described in paragraph (1) upon an agreement not 
     to pursue such civil remedies.
       ``(d) Limitation on Liability.--
       ``(1) In general.--Except as provided in paragraph (2), an 
     applicable entity shall not be liable for damages in any 
     civil action for defamation, libel, slander, or damage to 
     reputation arising out of any action or communication, if the 
     action arises from the execution of the responsibilities or 
     functions described in this section, section 220542, or 
     section 220543.
       ``(2) Exception.--Paragraph (1) shall not apply in any 
     action in which an applicable entity acted with actual 
     malice, or provided information or took action not pursuant 
     to this section, section 220542, or section 220543.
       ``(3) Definition of applicable entity.--In this subsection, 
     the term `applicable entity' means--
       ``(A) the Center;
       ``(B) a national governing body;
       ``(C) a paralympic sports organization;
       ``(D) an amateur sports organization or other person 
     sanctioned by a national governing body under section 220525;
       ``(E) an amateur sports organization reporting under 
     section 220530;
       ``(F) any officer, employee, agent, or member of an entity 
     described in subparagraph (A), (B), (C), (D), or (E); and
       ``(G) any individual participating in a proceeding pursuant 
     to this section.

     ``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 of an amateur 
     athlete who is a minor to--
       ``(i) the Center, whenever such members or adults learn of 
     facts leading them to suspect reasonably that an amateur 
     athlete who is a minor has suffered an incident of child 
     abuse; and
       ``(ii) law enforcement consistent with section 226 of the 
     Victims of Child Abuse Act of 1990 (34 U.S.C. 20341);
       ``(B) a mechanism, approved by a trained expert on child 
     abuse, that allows a complainant to report easily an incident 
     of child abuse to the Center, a national governing body, law 
     enforcement authorities, or other appropriate authorities;
       ``(C) reasonable procedures to limit one-on-one 
     interactions between an amateur athlete who is a minor and an 
     adult (who is not the minor's legal guardian) at a facility 
     under the jurisdiction of a national governing body or 
     paralympic sports organization without being in an observable 
     and interruptible distance from another adult, except under 
     emergency circumstances;
       ``(D) procedures to prohibit retaliation, by any national 
     governing body or paralympic sports organization, against any 
     individual who makes a report under subparagraph (A) or 
     subparagraph (B);
       ``(E) oversight procedures, including regular and random 
     audits conducted by subject matter experts unaffiliated with, 
     and independent of, a national governing body or a paralympic 
     sports organization of each national governing body and 
     paralympic sports organization to ensure that policies and 
     procedures developed under that section are followed 
     correctly and that consistent training is offered and given 
     to all adult members who are in regular contact with amateur 
     athletes who are minors, and subject to parental consent, to 
     members who are minors, regarding prevention of child abuse; 
     and
       ``(F) a mechanism by which a national governing body or 
     paralympic sports organization can--
       ``(i) share confidentially a report of suspected child 
     abuse of an amateur athlete who is a minor by a member of a 
     national governing body or paralympic sports organization, or 
     an adult authorized by a national governing body, paralympic 
     sports organization, or an amateur sports organization to 
     interact with an amateur athlete who is a minor, with the 
     Center, which in turn, may share with relevant national 
     governing bodies, paralympic sports organizations, and other 
     entities; and
       ``(ii) withhold providing to an adult who is the subject of 
     an allegation of child abuse authority to interact with an 
     amateur athlete who is a minor until the resolution of such 
     allegation.
       ``(b) Rule of Construction.--Nothing in this section shall 
     be construed to limit the ability of a national governing 
     body or paralympic sports organization to impose an interim 
     measure to prevent an individual who is the subject of an 
     allegation of sexual abuse from interacting with an amateur 
     athlete prior to the Center exercising its jurisdiction over 
     a matter.

     ``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 is authorized to be appropriated to the Center 
     $1,000,000 for each of fiscal years 2018 through 2021.''.
       (b) Conforming Amendment.--Section 220501(b) of title 36, 
     United States Code, is amended--
       (1) by redesignating paragraphs (4) through (8) as 
     paragraphs (6) through (10), respectively; and
       (2) by inserting after paragraph (3), the following:
       ``(4) `Center' means the United States Center for Safe 
     Sport designated under section 220541.
       ``(5) `child abuse' has the meaning given the term in 
     section 212 of the Victims of Child Abuse Act of 1990 (34 
     U.S.C. 20302).''.
       (c) Technical Amendment.--The table of contents of chapter 
     2205 of title 36, United States Code, is amended by adding at 
     the end the following:

        ``subchapter iii -- united states center for safe sport

``220541. Designation of United States Center for Safe Sport.
``220542. Additional duties.
``220543. Records, audits, and reports.
``220544. Authorization of appropriations.''.

     SEC. 203. ADDITIONAL REQUIREMENTS FOR GRANTING SANCTIONS FOR 
                   AMATEUR ATHLETIC COMPETITIONS.

       Section 220525(b)(4) is amended--
       (1) in subparagraph (E), by striking ``; and'' and 
     inserting a semicolon;
       (2) in subparagraph (F), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(G) the amateur sports organization or person requesting 
     sanction from a national governing body will implement and 
     abide by the policies and procedures to prevent the abuse, 
     including emotional, physical, and child abuse, of amateur 
     athletes participating in amateur athletic activities 
     applicable to such national governing body.''.

     SEC. 204. GENERAL REQUIREMENTS FOR YOUTH-SERVING AMATEUR 
                   SPORTS ORGANIZATIONS.

       (a) In General.--Subchapter II of chapter 2205 of title 36, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 220530. Other amateur sports organizations

       ``(a) In General.--An applicable amateur sports 
     organization shall--
       ``(1) comply with the reporting requirements of section 226 
     of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20341);
       ``(2) establish reasonable procedures to limit one-on-one 
     interactions between an amateur athlete who is a minor and an 
     adult (who is not the minor's legal guardian) at a facility 
     under the jurisdiction of the applicable amateur sports 
     organization without being in an observable and interruptible 
     distance from another adult, except under emergency 
     circumstances;
       ``(3) offer and provide consistent training to all adult 
     members who are in regular contact with amateur athletes who 
     are minors, and subject to parental consent, to members who 
     are minors, regarding prevention and reporting of child abuse 
     to allow a complainant to report easily an incident of child 
     abuse to appropriate persons; and
       ``(4) prohibit retaliation, by the applicable amateur 
     sports organization, against any individual who makes a 
     report under paragraph (1).
       ``(b) Definition of Applicable Amateur Sports 
     Organization.--In this section, the term `applicable amateur 
     sports organization' means an amateur sports organization--
       ``(1) that is not otherwise subject to the requirements 
     under subchapter III;
       ``(2) that participates in an interstate or international 
     amateur athletic competition; and
       ``(3) whose membership includes any adult who is in regular 
     contact with an amateur athlete who is a minor.''.
       (b) Technical Amendment.--The table of contents of chapter 
     2205 of title 36, United

[[Page S7219]]

     States Code, is amended by inserting after the item relating 
     to section 220529 the following:

``220530. Other amateur sports organizations.''.
                                 ______
                                 
  SA 1585. Mr. McCONNELL (for Mr. Wyden) proposed an amendment to the 
resolution S. Res. 318, honoring the Portland Thorns FC as the champion 
of the National Women's Soccer League in 2017; as follows:

       In the fourth whereas clause of the preamble, strike ``Head 
     Coach, Mark Parsons, and Chief Executive Officer, Merritt 
     Paulson, of the Portland Thorns FC'' and insert ``Chief 
     Executive Officer of the Portland Thorns FC, Merritt 
     Paulson,''.
       Insert after the fourth whereas clause of the preamble the 
     following:
       Whereas the Head Coach of the Portland Thorns FC, Mark 
     Parsons, won the NWSL Championship for the first time;

                          ____________________