[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[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,

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(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:

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TITLE II

-UNITED STATES CENTER FOR SAFE SPORT AUTHORIZATION

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(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,''.

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TITLE I

-PROTECTING YOUNG VICTIMS FROM SEXUAL ABUSE

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.''.

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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.''.

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(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.''.

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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.''.

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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.

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Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 — S. 534

Other Sections

TITLE II

TITLE I

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