[Congressional Record Volume 164, Number 20 (Tuesday, January 30, 2018)]
[Senate]
[Pages S589-S591]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROTECTING YOUNG VICTIMS FROM SEXUAL ABUSE AND SAFE SPORT AUTHORIZATION
ACT OF 2017
Mr. McCONNELL. Mr. President, I ask the Chair to lay before the
Senate the message to accompany S. 534.
The Presiding Officer laid before the Senate the following message
from the House of Representatives:
Resolved, That the bill from the Senate (S. 534) entitled
``An Act 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.'', do
pass with an amendment.
Mrs. FEINSTEIN. Mr. President, nearly a year ago, I met with six
gymnasts. All of these young women were world-class athletes. All of
them had put their faith in USA Gymnastics. And all of them were
sexually abused by an adult who had earned their trust.
It was one of the most difficult meetings I have held as a Senator.
Listening to their stories of abuse and how the system let them down
left me with equal parts sadness and rage.
These young women weren't telling me their stories to get legislation
passed, but that afternoon, I promised them I would do all I could to
make sure no one else ever experienced the agony that they had.
I am proud that the Senate will come together and pass the Protecting
Young Victims from Sexual Abuse and Safe Sport Authorization Act in
order to send it to the President's desk.
This bill is intended to protect young athletes who participate in
amateur sports from the sexual abuse that these gymnasts had to suffer.
In the House, Representative Susan Brooks from Indiana and
Representative Lois Frankel from Florida, who cochair the Women's
Caucus, partnered with us on this bill. They have been strong champions
in protecting young women from abuse.
This bill wouldn't have been possible without the courageous
survivors who shared their stories.
Some of the same women who I spoke with in February came back to
Washington in March to speak about the bill. It was a very powerful
hearing that touched many of us.
One of those brave women was Jamie Dantzscher, who won a bronze medal
in 2000.
Jamie told the Judiciary Committee in moving testimony that she fell
in love with gymnastics at a very young age. Her parents had to beg her
to leave the gym after practice because gymnastics brought her such
joy.
While she competed with the national team led by USA Gymnastics, team
doctor Larry Nassar was assigned to provide her with medical treatment.
As any young woman would, Jamie put her faith in Nassar, who was
employed by USA Gymnastics, but her faith was turned on its head in
horrifying ways. In Jamie's words: ``What I have only recently come to
understand is that the medical treatment he performed for my back pain
and other injuries was sexual assault. Dr. Nassar abused me at the USA
National Training Center in Texas. He abused me in California and at
meets all over the world. Many times the abuse took place in my own
room, in my own bed. Worse, he abused me in my hotel room in Sydney at
the Olympic Games.''
Jamie went on: ``When I first spoke out about my abuse at the hands
of Dr. Nassar, I thought I was the only one. I was disbelieved and even
criticized by some in the gymnastics community for bringing this
disturbing issue to light.''
It is impossible to imagine the horror that Jamie felt, but what we
do know is that Jamie wasn't the only victim.
Jessica Howard was a 15-year-old rhythmic gymnast when Nassar began
abusing her. She testified that her first few years of training were
``pure bliss.'' Eventually, she was sent to Nassar for hip problems.
Nassar told her she shouldn't wear underwear for her treatments.
Jessica was confused, but she was fearful to say anything to anyone.
She believed she would be prevented from pursuing her dreams if she
said anything. This is how so much of this abuse was conducted, under a
shroud of fear that the athletes' dreams would be quashed.
Later in her life, Jessica served on USA Gymnastics' board of
directors. In Jessica's words: ``As an adult, I spent years serving on
the USA Gymnastics Board of Directors with a mission of protecting
children in my sport from the psychological abuse that I endured. But
the meetings seemed to revolve around two things: money and medals.
When a sexual abuse case came up during my time on the board, the
concern was about the reputation of the coach, not the accusation of
the athlete. As I have attempted to come to terms with what happened to
me as a teenager, it has become glaringly obvious that USA Gymnastics
has not done nearly enough to protect athletes from any form of
abuse.''
Jessica and others like her were silenced by a culture of complicity
where those in power refused to promote a safe environment and
survivors could report abuse. That is what the bill we will pass aims
to change.
Finally, I would like to talk about another gymnast we heard from
more recently. Aly Raisman, one of the most decorated Olympic gymnasts
ever, revealed that she, too, was sexually abused by Larry Nassar,
starting when she was 15 years old.
As Aly said, ``I didn't know anything differently. We were told he is
the best doctor.''
As a result, Nassar used this trust to manipulate hundreds of victims
so they couldn't fully understand that they were being abused.
When telling her story, Aly asked, ``Why are we looking at why didn't
the girls speak up? Why not look at what about the culture? What did
USA Gymnastics do, and Larry Nassar do, to manipulate these girls so
much that they are so afraid to speak up? I am angry.''
I think we should all be angry by what we have heard from these brave
young women. When I heard these stories, I found a common theme: The
very institutions tasked with protecting these athletes allowed this
egregious conduct to occur.
In my view, these governing bodies were, at best, complicit in the
devastation wrought on these young children
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and their families. They did far too little to prevent abuse from
happening in the first place, and when they saw signs of abuse, they
did little to stop it.
In fact, USA Gymnastics, which oversees more than 3,000 gymnasiums
nationwide, had bylaws that actually made it more difficult for
survivors to report abuse.
For example, the only way for a member athlete to ``effectively''
make a complaint about a coach was through a signed, written complaint.
Not only is this an ineffective way to prevent sexual abuse, it
actually serves to protect the abusers by making it harder for child
victims to come forward.
USA Gymnastics didn't even require that sexual abuse be reported to
law enforcement when it was discovered. It was a disgusting abuse of
power, to say the least.
After we introduced our legislation, USA Gymnastics hired former
Federal prosecutor Deborah Daniels to conduct an independent review of
USA Gymnastics' policies and procedures. Needless to say, they were
found to be woefully ineffective and insufficient. After reviewing
documents and interviewing nearly 160 individuals, Daniels recommended
nearly 70 policy changes, including a recommendation that USA
Gymnastics ``undergo a complete cultural change, permeating the entire
organization and communicated to the field in all its actions.''
In one damning finding, Daniels stated, ``The overall impression
received externally is that the athlete protection function is, at
best, secondary to the primary focus: winning medals.'' That is
completely unacceptable.
The legislation we will soon pass does three main things to help
protect sex abuse victims and reform institutions like USA Gymnastics.
First, the bill makes it mandatory for anyone affiliated with USA
Gymnastics, or any other national governing body or amateur sports
organization that crosses State lines, to immediately report sexual
abuse to local and Federal law enforcement or social services agencies.
This requirement would apply to USA Gymnastics and each of the other 47
national governing bodies that oversee a variety of Olympic sports,
including USA Taekwondo, USA Speed Skating, USA Swimming, and USA
Cycling. It is absolutely imperative that a firm line be drawn for
everyone working with national governing bodies and amateur sports
organizations. Once there is suspicion of abuse, a report must be made
as soon as possible to law enforcement. This bill mandates that.
Second, the bill strengthens the law that allows victims of sex abuse
to file suits against those who abused them to commit crimes such as
sex trafficking, sexual exploitation, and child pornography. It
clarifies, for example, that victims of child sex crimes are entitled
to statutory damages of $150,000, as well as punitive damages, due to
the heinous nature of the crimes.
The bill also extends the statute of limitations so that victims can
sue their abusers 10 years after they become aware of their abuse. This
is important because, tragically, survivors often do not fully become
aware of their abuse until later in life. The statute of limitations
extension is part of legislation that Senator Cornyn and I have worked
on over the past couple of years, called the Extending Justice for Sex
Crime Victims Act.
Third, the bill makes reforms to the Ted Stevens Olympic and Amateur
Sports Act, which establishes ``national governing bodies'' like USA
Gymnastics. When I first contacted USA Gymnastics about its poor
handling of sexual abuse allegations, the group cited the Stevens Act
as a shield, saying that it prevented them from doing more to protect
athletes from sexual abuse. The bill we are passing is a direct
response to that claim.
It requires the newly created U.S. Center for Safe Sport--championed
by Commerce Committee Chairman John Thune and Ranking Member Bill
Nelson--to establish strict policies and procedures for handling abuse
allegations, as well as oversight procedures to make sure these
policies are adhered to by every national governing body.
The reforms in the bill ensure that national governing bodies and
amateur sports organizations will adopt five baseline policy
prescriptions.
First, specific policies and procedures for mandatory reporting of
sex abuse to law enforcement. Second, policies and procedures to keep
track of coaches who leave one gym only to repeat the cycle of abuse at
another gym. Third, policies to avoid circumstances where minors and
adults are in one-on-one situations. Fourth, policies to facilitate
reporting of sex abuse allegations to national governing bodies and
other authorities. And fifth, stronger oversight and enforcement
policies so that complaints are dealt with uniformly and with fairness
and due process.
These new provisions give national governing bodies like USA
Gymnastics no excuse not to prevent abuse or to report it when it
occurs.
All over the country, survivors of sexual abuse are coming forward to
tell their stories of abuse and exploitation. Multiple survivors from
around the country have contacted my office and described with great
courage their pain and anguish. Each of these stories represents an
untold amount of pain and suffering that has generational ripple
effects. It is absolutely devastating.
This is why I am so encouraged that my colleagues in this body will
soon pass this important legislation to protect abuse victims.
I would also like to acknowledge the list of 270 organizations and
individuals who have contributed to and supported this bill. Their
names are listed on our website.
I would also like to recognize my staff who have worked on this bill,
including Peter Hyun, Ashley Schapitl, Sarah Chang, Matthew Halek,
Jennifer Duck, and Tom Mentzer.
I would also like to thank Peter Feldman and Ashok Pinto from Senator
Thune's staff, Christian Fjeld and Ioana Gorecki from Senator Nelson's
staff, Evelyn Fortier and Kyle McCollum from Senator Grassley's staff,
Rob Hicks from Representative Susan Brooks' staff, Meg Barr from House
Judiciary Chairman Bob Goodlatte's office, and Yana Mayayeva from
Representative Lois Frankel's staff
Finally, I would like to recognize two individuals who recently
passed away. Both were fierce advocates on behalf of survivors of
abuse.
Barbara Blaine, who founded SNAP, the Survivors Network of those
Abused by Priests, passed away in Utah, and Kristine Ward, the
cofounder of National Survivor Advocates Coalition, passed away in
Ohio. Both of these extraordinary women spent much of their lives
giving a powerful voice to those who have been sexually abused.
This bill attempts to do what both women so powerfully advocated for
throughout their lives: speak for the voiceless and demand the change
necessary to protect our children, our most precious resource.
Thank you very much.
Mr. GRASSLEY. Mr. President, I want to take a moment to discuss the
Protecting Young Victims from Sexual Abuse Act. This legislation, which
Senator Feinstein sponsored and I cosponsored, would promote mandatory
reporting of suspected abuse of young athletes and give survivors new
tools to hold perpetrators accountable.
As Senate Judiciary chairman, I last year convened a hearing on this
legislation, which helped build momentum for its committee approval and
passage. I am proud to have helped shepherd this bill through our
committee and the Senate, and I am delighted that we are about to send
this bill to the President for his signature.
Our congressional hearing illustrated just how bad the problem of
sexual abuse in youth sports has become, how long it went on, how many
athletes were affected, and, in some cases, how slow the response was
from those charged with ensuring these young athletes' safety. To say
that I was alarmed by what we learned at that March 28 hearing would be
a huge understatement.
Abuse that occurs by someone in a position of trust, in what should
be a safe environment, such as youth athletics programs, is simply
outrageous. Sadly, however, sports officials adopted policies that may
have allowed predators to victimize children long after they had good
reason to suspect sexual abuse.
Recently, we have heard reports that gymnastics officials took as
long as 5 weeks to report suspected abuse to the FBI. We have also
heard allegations that gymnasts were pressured to remain silent after
they brought the
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abuse to gymnastics officials' attention. It is imperative that we
uncover whatever systemic failures that allowed a predator to
singlehandedly target hundreds of girls and young women for so long.
Sexual abuse is a heinous crime, so we must continue to seek justice
for these victims. We also need to understand why allegations of sexual
abuse so often remain hidden, instead of being immediately reported to
law enforcement. The average perpetrator strikes multiple times before
being caught, which is why it is so important that these crimes be
promptly reported and investigated. I intend to continue to do
oversight in this area and champion policies to protect the innocent
from sexual abuse.
I thank each of the athletes who came forward to report abuse. Their
courage helped make passage of this bill possible.
Mr. McCONNELL. I move to concur in the House amendment, and I know of
no further debate on the motion.
The PRESIDING OFFICER. Is there further debate?
If not, the question is on agreeing to the motion to concur.
The motion was agreed to.
Mr. McCONNELL. I ask unanimous consent that the motion to reconsider
be considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
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