PROTECTING YOUNG VICTIMS FROM SEXUAL ABUSE ACT OF 2017; Congressional Record Vol. 163, No. 186
(Senate - November 14, 2017)

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[Pages S7219-S7221]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         PROTECTING YOUNG VICTIMS FROM SEXUAL ABUSE ACT OF 2017

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 121, S. 534.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The bill clerk read as follows:

       A bill (S. 534) 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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on the Judiciary, with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Protecting Young Victims 
     from Sexual Abuse Act of 2017''.

     SEC. 2. 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).'';
       (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 or a member of a 
     national governing body to interact with a minor or amateur 
     athlete at an amateur sports organization facility or at

[[Page S7220]]

     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''.

     SEC. 3. 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) 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.''.

     SEC. 4. 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.--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 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''.

  Mr. McCONNELL. I further ask unanimous consent that the committee-
reported substitute amendment be withdrawn; that the substitute 
amendment, which is at the desk, be agreed to; that the bill, as 
amended, be read a third time and passed; and that the motion to 
reconsider be considered made and laid upon the table with no 
intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
withdrawn.
  The amendment (No. 1584) in the nature of a substitute was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')

[[Page S7221]]

  The bill (S. 534), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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