    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 115-126
    115th Congress

    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. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    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)'';

    [[Page 319]]

    (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.'';

    [[Page 320]]

    (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;

    [[Page 321]]

    ``(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;
    ``(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

    [[Page 322]]

    ``(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

    [[Page 323]]

    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.''.

    (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.''.

    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

    [[Page 324]]

    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.''.

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    (b) Technical Amendment.--The table of contents of chapter 2205 of
    title 36, United States Code <> , is amended
    by inserting after the item relating to section 220529 the following:

    ``220530. Other amateur sports organizations.''.

    Approved February 14, 2018.

    LEGISLATIVE HISTORY--S. 534 (H.R. 1973):
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 115-136, Pt. 1 (Comm. on the Judiciary) accompanying
    H.R. 1973.
    CONGRESSIONAL RECORD:
    Vol. 163 (2017):
    Nov. 14, considered and passed
    Senate.
    Vol. 164 (2018):
    Jan. 29, considered and passed
    House, amended.
    Jan. 30, Senate concurred in House
    amendment.