In the House of Representatives, U. S.,
January 29, 2018.
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 the following
AMENDMENT:
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(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.
Sec. 101. Required reporting of child and sexual abuse.
Sec. 102. Civil remedy for personal injuries.
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.
(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)—
(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)—
(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;
(4) in subsection (d), in the first sentence, by inserting “and for all covered individuals” after “reside”;
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—
Section 220503 of title 36, United States Code, is amended—
(a) In general.—Chapter 2205 of title 36, United States Code, is amended by adding at the end the following:
Ҥ 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;
“(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—
“(D) an amateur sports organization or other person sanctioned by a national governing body under section 220525;
“(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
“(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.
(b) Conforming amendment.—Section 220501(b) of title 36, United States Code, is amended—
(2) by inserting after paragraph (3), the following:
“(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.”.
Section 220525(b)(4) is amended—
(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.”.
(a) In general.—Subchapter II of chapter 2205 of title 36, United States Code, is amended by adding at the end the following:
Ҥ 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
(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.”.
Attest:
Clerk.
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