115 S534 RS: Protecting Young Victims from Sexual Abuse Act of 2017 U.S. Senate 2017-03-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

Calendar No. 121115th CONGRESS1st Session

S. 534

IN THE SENATE OF THE UNITED STATES

March 6, 2017

Mrs. Feinstein (for herself, Ms. Collins, Mr. Grassley, Mr. Nelson, Mr. Flake, Mr. Donnelly, Mr. Rubio, Mrs. McCaskill, Mrs. Ernst, Ms. Klobuchar, Mrs. Shaheen, Mr. Blumenthal, Ms. Warren, Ms. Harris, Ms. Cortez Masto, Mr. Young, Ms. Hirono, Mr. Franken, Mr. Markey, Mr. Sullivan, Mr. Merkley, Ms. Stabenow, Mr. Hatch, Mr. Cruz, Mr. Durbin, Mrs. Gillibrand, and Mr. Menendez) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

June 8, 2017

Reported by Mr. Grassley, with an amendment

Strike out all after the enacting clause and insert the part printed in italic

A BILL

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.

Short title

This Act may be cited as the

Protecting Young Victims from Sexual Abuse Act of 2017

Required reporting of child and sexual abuse at facilities under the jurisdiction of amateur sports organizations recognized by the United States Olympic Committee

(a)

Reporting requirement

Section 226 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13031) 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)

Individuals at covered facilities

A covered individual who, while engaged in any activity sanctioned by a covered facility, 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 facility means a facility over which a national governing body has jurisdiction; (10)the term covered individual means an adult who is authorized by a covered facility or by a national governing body to interact with a minor or amateur athlete at the covered facility or at any event sanctioned by the covered facility; and (11)the term national governing body has the meaning given the term in section 220501(b) of title 36, United States Code.

;

(4)in subsection (d), in the first sentence, by inserting and for all covered facilities 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 facilities, after lands,; and (6)in subsection (h), by inserting and all covered individuals, after facilities,. (b)

Penalty for failure To report

Section 2258 of title 18, United States Code, is amended— (1)by inserting or while engaged in a professional capacity or activity at a covered facility as described in subsection (a)(2) of such section 226 after facility; and (2)by striking not more than 1 year and inserting not more than 3 years.

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 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)in the case of a person under a legal disability, not later than 10 years after the date on which the disability ends.

; 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.

Expansion of authorities and duties of amateur sports organizations recognized by the United States Olympic Committee to prevent the abuse of minor and amateur athletes

(a)

Expansion of authorities

Section 220523(a) of title 36, United States Code, is amended— (1)in paragraph (6), by striking ; and and inserting a semicolon; (2)in paragraph (7), by striking the period and inserting ; and; and (3)by adding at the end the following:

(8)develop training, oversight practices, policies, and procedures to prevent the abuse, including physical abuse and sexual abuse, of any minor or amateur athlete by any adult.

(b)

Additional duties

Section 220524 of such title is amended— (1)in paragraph (8), by striking ; and and inserting a semicolon; (2)in paragraph (9), by striking the period and inserting a semicolon; and (3)by adding at the end the following:

(10)develop and enforce policies, mechanisms, and procedures to prevent the abuse, including physical abuse and sexual abuse, of any minor or amateur athlete, including— (A)requiring all members of the national governing body or a facility under the jurisdiction of the national governing body and adults authorized by such members to interact with minor or amateur athletes, to immediately report all allegations of sexual abuse to law enforcement authorities and other appropriate authorities whenever such members or adults learn of facts leading them to reasonably suspect that a minor or amateur athlete has suffered an incident of sexual abuse; (B)establishing a mechanism, approved by a trained expert on child abuse, that allows a complainant to easily report an incident of sexual abuse committed by a member or adult described in subparagraph (A) to interact with a minor or amateur athlete, to the national governing body or another authority; (C)procedures to ensure that each amateur athlete who is a minor is prevented from being in a one-on-one situation with an adult (who is not the minor's legal guardian) at a facility under the jurisdiction of the national governing body without being in an observable and interruptible distance from another adult; and (D)oversight procedures, including regular and random audits conducted by subject matter experts unaffiliated with the national governing body, of all members and adults described in subparagraph (A) to ensure that policies and procedures developed under this paragraph are followed correctly and that consistent training is offered and given to all members regarding prevention of sexual abuse; and (11)in the case of a national governing body with jurisdiction over more than one athletic facility, establish a mechanism by which— (A)the national governing body can— (i)receive a report from one of such facilities regarding a case in which an adult authorized by the facility to interact with a minor or amateur athlete at such facility is expelled from or leaves such facility for sexual misconduct, including because of a mere allegation of sexual misconduct; and (ii)share a report received under subparagraph (A) with each of the other athletic facilities under the jurisdiction of the national governing body; and (B)an athletic facility under the jurisdiction of the national governing body can— (i)review the reports received by the national governing body under subparagraph (A)(i) to assess any allegations of sexual misconduct made in such reports; and (ii)withhold providing to an adult who is the subject of an allegation of sexual misconduct in a report reviewed under clause (i) authority to interact with a minor or amateur athlete at such facility until such time as the facility determines that there is no risk to a minor or amateur athlete at such facility.

(c)

Rule of construction

Section 220522 of such title is amended by adding at the end the following:

(c)

Rule of construction

Nothing in paragraph (a) shall be construed to limit the ability of a national governing body to develop a policy or procedure to prevent an individual who is the subject of an allegation of sexual misconduct from interacting with a minor or amateur athlete until such time as the national governing body, or any person under the jurisdiction of the national governing body, determines that there is no risk to the minor or amateur athlete by allowing the individual to interact with the minor or amateur athlete.

Short title

This Act may be cited as the

Protecting Young Victims from Sexual Abuse Act of 2017

Required reporting of child and sexual abuse

(a)

Reporting requirement

Section 226 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13031) 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).

;

(9)the term covered individual means an adult who is authorized by a national governing body or a member of a national governing body to interact with a minor or amateur athlete at an amateur sports organization facility or at any event sanctioned by a national governing body or a member of a national governing body; (10)the term event includes travel, practice, competition, and health or medical treatment; (11)the terms amateur athlete, amateur sports organization, 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— (1)by inserting or a covered individual as described in subsection (a)(2) of such section 226 who, after facility, ; and (2)by striking not more than 1 year and inserting not more than 3 years.

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

;

(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 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 a legal disability ends.

; 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.

Expansion of authorities and duties of national governing bodies recognized by the United States Olympic Committee to prevent the abuse of minor and amateur athletes

(a)

Expansion of authorities

(8)develop training, oversight practices, policies, and procedures to prevent the abuse, including physical abuse and sexual abuse, of any minor or amateur athlete by any adult.

(b)

Additional duties

Section 220524 of title 36, United States Code, is amended— (1)by inserting (a) In general.— before For the sport; (2)in paragraph (8), by striking ; and and inserting a semicolon; (3)in paragraph (9), by striking the period and inserting a semicolon; and (4)by adding at the end the following:

(10)develop and enforce policies, mechanisms, and procedures to prevent the abuse, including physical abuse and sexual abuse, of any minor or amateur athlete, including— (A)requiring all adults authorized by a national governing body or a member of a national governing body to interact with a minor or amateur athlete at an amateur sports organization facility or at any event sanctioned by a national governing body or a member of a national governing body, to report facts that give reason to suspect child abuse, including sexual abuse, as required by relevant Federal or State law, to law enforcement authorities and other appropriate authorities, including an entity designated by the corporation to investigate and resolve such allegations; (B)establishing a mechanism, approved by a trained expert on child abuse, that allows an individual to easily report an incident of child abuse as described in subparagraph (A) to the national governing body or another authority, including an entity designated by the corporation; (C)procedures to ensure that each amateur athlete who is a minor is prevented from being in a one-on-one situation with an adult (who is not the minor’s legal guardian) at an amateur sports organization facility, at any event sanctioned by a national governing body, or any event sanctioned by a member of a national governing body, without being observable or interruptible by another adult; and (D)oversight procedures, including regular and random audits, not to exceed once a year, conducted by subject matter experts unaffiliated with the national governing body, of all members and adults described in subparagraph (A) to ensure that policies and procedures developed under this paragraph are followed correctly and that consistent training is offered and given to all members regarding the prevention of child abuse; and (11)in the case of a national governing body with jurisdiction over more than one amateur sports organization facility or event, establish a mechanism by which— (A)the national governing body can— (i)receive a report of suspected sexual misconduct by an adult authorized by a national governing body or a member of a national governing body to interact with a minor or amateur athlete at an amateur sports organization facility or at any event sanctioned by a national governing body or a member of a national governing body; and (ii)confidentially share a report received under clause (i) with each of the other amateur sports organizations, facilities, or members under the jurisdiction of the national governing body; and (B)an amateur sports organization, facility, or member under the jurisdiction of the national governing body can— (i)review the reports received by the national governing body under subparagraph (A)(i) to assess any allegations of sexual misconduct made in such reports; and (ii)withhold providing to an adult who is the subject of an allegation of sexual misconduct in a report reviewed under clause (i) authority to interact with a minor or amateur athlete at such organization, facility, or event until the resolution of such allegation. (b)

Limited liability for the United States Olympic Committee, national governing bodies, and an entity designated by the United States Olympic Committee to investigate and resolve sexual misconduct allegations

(1)

In general

Except as provided in paragraphs (2) and (3), no civil or criminal action may be brought in any Federal or State court against the United States Olympic Committee, a national governing body, or an amateur sports organization, facility, or event under the jurisdiction of a national governing body, or an entity designated by the United States Olympic Committee to investigate and resolve sexual misconduct allegations described in subsection (a)(11), including any director, officer, employee, or agent of such entity, if the action arises from the execution of the responsibilities or functions described in subsection (a)(11). (2)

Intentional, reckless, or other misconduct

Paragraph (1) shall not apply to a civil or criminal action if the United States Olympic Committee, a national governing body, an amateur sports organization, facility, or event under the jurisdiction of a national governing body, or an entity designated by the United States Olympic Committee to investigate and resolve sexual misconduct allegations described in subsection (a)(11), or a director, officer, employee, or agent of such entity— (A)engaged in intentional misconduct; or (B)acted or failed to act— (i)with actual malice; (ii)with reckless disregard for a risk of causing injury; or (iii)for a purpose unrelated to the performance of any responsibility or function described in subsection (a)(11). (3)

Ordinary business activities

Paragraph (1) shall not apply to any act or omission relating to an ordinary business activity, including general administration or operations, the use of motor vehicles, or personnel management. (4)

Limited effect

Nothing in this section shall apply to any act or omission arising out of any responsibility or function not described in subsection (a)(11).

(c)

Rule of construction

Section 220522 of title 36, United States Code, is amended by adding at the end the following:

(c)

Rule of construction

Nothing in subsection (a) shall be construed to limit the ability of a national governing body to develop a policy or procedure to prevent an individual who is the subject of an allegation of sexual misconduct from interacting with a minor or amateur athlete until such time as the national governing body or an entity with applicable jurisdiction resolves such allegation.

(d)

Review of recognition of amateur sports organizations as national governing bodies

Section 220521(d) of title 36, United States Code, is amended by striking may each place it appears and inserting shall.

June 8, 2017

Reported with an amendment