[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1973 Reported in House (RH)]
<DOC>
Union Calendar No. 85
115th CONGRESS
1st Session
H. R. 1973
[Report No. 115-136, Part I]
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 6, 2017
Mrs. Brooks of Indiana (for herself, Ms. Frankel of Florida, and Mr.
Goodlatte) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on
Education and the Workforce, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
May 22, 2017
Additional sponsors: Mrs. Roby, Mr. Jeffries, Mr. Sessions, Mr.
Costello of Pennsylvania, Ms. Tenney, Mr. Paulsen, Ms. Brownley of
California, Mr. Cardenas, Mr. Roe of Tennessee, Mr. Knight, Mr. Messer,
Mrs. Walorski, Mr. Gutierrez, and Mr. Meehan
May 22, 2017
Reported from the Committee on the Judiciary with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
May 22, 2017
The Committee on Education and the Workforce discharged; committed to
the Committee of the Whole House on the State of the Union and ordered
to be printed
[For text of introduced bill, see copy of bill as introduced on April
6, 2017]
_______________________________________________________________________
A BILL
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.
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 AT FACILITIES
UNDER THE JURISDICTION OF AMATEUR SPORTS ORGANIZATIONS
RECOGNIZED BY THE UNITED STATES OLYMPIC COMMITTEE.
(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 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 facility' means a facility over
which a national governing body has jurisdiction;
``(10) the term `covered individual' means an adult who is
authorized by a covered facility or by a national governing
body to interact with a minor or amateur athlete at the covered
facility or at any event sanctioned by the covered facility;
and
``(11) the term `national governing body' has the meaning
given the term in section 220501(b) of title 36, United States
Code.'';
(4) in subsection (d), in the first sentence, by inserting
``and for all covered facilities'' 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
facilities,'' 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 after ``facility,'' the
following: ``or a covered individual (as described in subsection (a)(2)
of such section 226) who''.
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:
``file--
``(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 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 AMATEUR SPORTS
ORGANIZATIONS 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 such title 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 covered individuals
are instructed to avoid one-on-one situations with any
amateur athlete who is a minor (other than such an
athlete for whom the covered individual is a 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 prevention of sexual 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), 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 acted or failed to act--
``(A) with reckless disregard for a risk of causing
injury; or
``(B) for a purpose unrelated to the performance of
any responsibility or function described in subsection
(a)(11).
``(3) 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 such title 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''.
Union Calendar No. 85
115th CONGRESS
1st Session
H. R. 1973
[Report No. 115-136, Part I]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
May 22, 2017
Reported from the Committee on the Judiciary with an amendment
May 22, 2017
The Committee on Education and the Workforce discharged; committed to
the Committee of the Whole House on the State of the Union and ordered
to be printed