Last Updated on June 1, 2019 by LawEuro
[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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