[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]
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.''.
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