H.R. 1973 — what changed
Protecting Young Victims from Sexual Abuse Act of 2017
From Reported in House to Engrossed in House. 2 sections amended between Reported in House and Engrossed in House.
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
“(1) Covered professionals—A person who”
“(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).”
changed
“(9) the term “covered facility” 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 over which or at any event sanctioned by a national governing body has jurisdiction;or a member of a national governing body;
changed
“(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 “event” includes travel, practice, competition, and health or at any event sanctioned by the covered facility; medical treatment; and
changed
“(11) the term terms “amateur athlete”, “amateur sports organization”, and “national governing body” has have the meaning meanings given the term such terms in section 220501(b) of title 36, United States Code.”
“(i) Rule of construction—Nothing in this section shall be construed to require a victim of child abuse to self-report the abuse.”
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
“(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.”
“(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;
changed
“(C) reasonable procedures to ensure that covered individuals are instructed designed to avoid one-on-one situations with any interactions between an amateur athlete who is a minor (other than such and an athlete for whom the covered individual adult (who is a 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; andadult, except where the safety and welfare of the minor requires;
“(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
added “(E) requiring dedicated information and resources, which may include sexual assault hotlines and victims’ support resources, to be clearly listed on the national governing body’s official website; 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—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.”