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

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[S. 534 Enrolled Bill (ENR)]

        S.534

                     One Hundred Fifteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
           the third day of January, two thousand and eighteen


                                 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)'';
        (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.'';
        (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;
        ``(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
            ``(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 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 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.''.
    (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.''.


                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.