36 U.S.C. § 220542

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 220542 - Additional duties

(a) IN GENERAL.-The Center shall-

(1) develop training, oversight practices, policies, and procedures for implementation by a national governing body to prevent the abuse, including emotional, physical, and sexual abuse, of any amateur athlete; ¹

(2) include in the policies and procedures developed under section 220541(a)(3)- ²

(A) a requirement that all adult members of a national governing body or a facility under the jurisdiction of a national governing body, 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) law enforcement consistent with section 226 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341 ); and

(ii) 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;

(B) a requirement that the Center shall immediately report to law enforcement consistent with section 226 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341 ) any allegation of child abuse of an amateur athlete who is a minor, including any report of such abuse submitted to the Center by a minor or by any person who is not otherwise required to report such abuse;

(C) 1 or more policies that prohibit any individual who is an employee, contractor, or agent of the Center from assisting a member or former member in obtaining a new job (except for the routine transmission of administrative and personnel files) if the individual knows that such member or former member violated the policies or procedures of the Center related to sexual misconduct or was convicted of a crime involving sexual misconduct with a minor in violation of applicable law;

(D) a requirement that the Center, including any officer, agent, attorney, or staff member of the Center, shall not take any action to notify an alleged perpetrator of abuse of an amateur athlete of any ongoing investigation or accusation unless-

(i) the Center has reason to believe an imminent hazard will result from failing to so notify the alleged perpetrator; or

(ii) law enforcement-

(I) authorizes the Center to take such action; or

(II) declines or fails to act on, or fails to respond to the Center with respect to, the allegation within 72 hours after the time at which the Center reports to law enforcement under subparagraph (B);

(E) 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;

(F) reasonable procedures to limit one-on-one interactions, including communications, 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 without being in an observable and interruptible distance from another adult, except under emergency circumstances;

(G) procedures to prohibit retaliation by the corporation or any national governing body against any individual who makes-

(i) a report under subparagraph (A) or (E); or

(ii) any other report relating to abuse of any amateur athlete, including emotional, physical, and sexual abuse;

(H) oversight procedures, including regular and random audits conducted by subject matter experts unaffiliated with, and independent of, a national governing body 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;

(I) a mechanism by which a national governing body 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 an adult authorized by a national governing body 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 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;

(J) a prohibition on the use in a decision of the Center under section 220541(a)(1)(D) of any evidence relating to other sexual behavior or the sexual predisposition of the alleged victim, or the admission of any such evidence in arbitration, unless the probative value of the use or admission of such evidence, as determined by the Center or the arbitrator, as applicable, substantially outweighs the danger of-

(i) any harm to the alleged victim; and

(ii) unfair prejudice to any party; and

(K) training for investigators on appropriate methods and techniques for ensuring sensitivity toward alleged victims during interviews and other investigative activities.

(b) RULE OF CONSTRUCTION.-Nothing in this section shall be construed to limit the ability of a national governing body 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.

¹ So in original.

² See References in Text note below.

36 U.S.C. § 220542

Added Pub. L. 115-126, title II, §202(a), Feb. 14, 2018, 132 Stat. 322; amended Pub. L. 116-189, §§7(a)(2)(A)(viii), Oct. 30, 2020, 8, Oct. 30, 2020, 134 Stat. 957, 966.

EDITORIAL NOTES

REFERENCES IN TEXTPar. (3) of section 220541(a), referred to in subsec. (a)(2), was struck out in the general amendment of subsection (a) of section 220541 of this title by Pub. L. 116-189, §8(a)(1)(B), Oct. 30, 2020, 134 Stat. 960. See section 220541(a)(1)(C) of this title.

AMENDMENTS2020- Pub. L. 116-189, §8(b)(1), struck out period at end of section catchline.Subsec. (a)(1). Pub. L. 116-189, §8(b)(2)(A), substituted semicolon at end for "; and". Pub. L. 116-189, §7(a)(2)(A)(viii)(I), struck out "or paralympic sports organization" after "national governing body".Subsec. (a)(2)(A). Pub. L. 116-189, §8(b)(2)(B)(i), added cls. (i) and (ii) and struck out former cls. (i) and (ii) which read as follows: "(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 );". Pub. L. 116-189, §7(a)(2)(A)(viii)(I), (II) (aa), struck out ", a paralympic sports organization," after "members of a national governing body" and "or paralympic sports organization" after "jurisdiction of a national governing body" in introductory provisions.Subsec. (a)(2)(B). Pub. L. 116-189, §8(b)(2)(B)(iii), added subpar. (B). Former subpar. (B) redesignated (E).Subsec. (a)(2)(C), (D). Pub. L. 116-189, §8(b)(2)(B)(iii), added subpars. (C) and (D). Former subpars. (C) and (D) redesignated (F) and (G), respectively. Pub. L. 116-189, §7(a)(2)(A)(viii)(I), struck out "or paralympic sports organization" after "national governing body".Subsec. (a)(2)(E). Pub. L. 116-189, §8(b)(2)(B)(ii), redesignated subpar. (B) as (E). Former subpar. (E) redesignated (H). Pub. L. 116-189, §7(a)(2)(A)(viii)(II)(bb), struck out "or a paralympic sports organization of each national governing body and paralympic sports organization" after "a national governing body".Subsec. (a)(2)(F). Pub. L. 116-189, §8(b)(2)(B)(ii), (iv), redesignated subpar. (C) as (F) and inserted ", including communications," after "interactions". Former subpar. (F) redesignated (I). Pub. L. 116-189, §7(a)(2)(A)(viii)(I), struck out "or paralympic sports organization" after "a national governing body" in introductory provisions.Subsec. (a)(2)(F)(i). Pub. L. 116-189, §7(a)(2)(A)(viii)(I), (II) (cc), substituted "a national governing body or an adult" for "a national governing body or paralympic sports organization, or an adult" and struck out ", paralympic sports organization," after "by a national governing body" and ", paralympic sports organizations," after "national governing bodies". Subsec. (a)(2)(G). Pub. L. 116-189, §8(b)(2)(B)(ii), (v), redesignated subpar. (D) as (G) and amended it generally. Prior to amendment, subpar. read as follows: "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);". Subsec. (a)(2)(H), (I). Pub. L. 116-189, §8(b)(2)(B)(ii), redesignated subpars. (E) and (F) as (H) and (I), respectively. Subsec. (a)(2)(J), (K). Pub. L. 116-189, §8(b)(2)(B)(vi)-(viii), added subpars. (J) and (K). Subsec. (b). Pub. L. 116-189, §7(a)(2)(A)(viii)(I), struck out "or paralympic sports organization" after "a national governing body".