Text: S.534 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-126 (02/14/2018)

 
[115th Congress Public Law 126]
[From the U.S. Government Publishing Office]



[[Page 317]]

                      PROTECTING YOUNG VICTIMS FROM

                       SEXUAL ABUSE AND SAFE SPORT

                        AUTHORIZATION ACT OF 2017

[[Page 132 STAT. 318]]

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. <<NOTE: Feb. 14, 2018 -  [S. 534]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Protecting Young 
Victims from Sexual Abuse and Safe Sport Authorization Act of 2017.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 36 USC 101 note.>>  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 132 STAT. 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) <<NOTE: Definitions.>>  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 132 STAT. 320]]

            (2) <<NOTE: Deadlines.>>  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 <<NOTE: 36 USC 220541 prec.>> --United States Center 
for Safe Sport
``Sec. 220541. <<NOTE: 36 USC 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 132 STAT. 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) <<NOTE: Applicability.>>  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 132 STAT. 322]]

                    ``(G) any individual participating in a proceeding 
                pursuant to this section.
``Sec. 220542. <<NOTE: 36 USC 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 132 STAT. 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. <<NOTE: 36 USC 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) <<NOTE: Definitions.>>  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, <<NOTE: 36 USC 220501 prec.>>  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 132 STAT. 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. <<NOTE: 36 USC 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.''.

[[Page 132 STAT. 325]]

    (b) Technical Amendment.--The table of contents of chapter 2205 of 
title 36, United States Code <<NOTE: 36 USC 220501 prec.>> , 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.

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