[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2961 Enrolled Bill (ENR)]
S.2961
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 reauthorize subtitle A of the Victims of Child Abuse Act of 1990.
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 ``Victims of Child Abuse Act
Reauthorization Act of 2018''.
SEC. 2. REAUTHORIZATION.
(a) Findings.--Section 211 of the Victims of Child Abuse Act of
1990 (34 U.S.C. 20301) is amended--
(1) in paragraph (1), by striking ``2,000,000'' and inserting
``3,300,000'';
(2) in paragraph (6)--
(A) by inserting ``improve positive outcomes for the
child,'' before ``and increase''; and
(B) by striking ``; and'' and inserting a semicolon;
(3) in paragraph (7), by striking ``could be duplicated in many
jurisdictions throughout the country.'' and inserting ``have
expanded dramatically throughout the United States; and''; and
(4) by adding at the end the following:
``(8) State chapters of children's advocacy center networks are
needed to--
``(A) assist local communities in coordinating their
multidisciplinary child abuse investigation, prosecution, and
intervention services; and
``(B) provide oversight of, and training and technical
assistance in, the effective delivery of evidence-informed
programming.''.
(b) Definitions.--Section 212 of the Victims of Child Abuse Act of
1990 (34 U.S.C. 20302) is amended--
(1) by striking paragraphs (3) and (6);
(2) by redesignating paragraphs (4), (5), (7), (8), and (9) as
paragraphs (3), (4), (5), (6), and (7), respectively;
(3) in paragraph (6), as so redesignated, by striking ``and''
at the end;
(4) in paragraph (7), as so redesignated, by striking the
period at the end and inserting ``; and''; and
(5) by adding at the end the following:
``(8) the term `State chapter' means a membership organization
that provides technical assistance, training, coordination, grant
administration, oversight, and support to local children's advocacy
centers, multidisciplinary teams, and communities working to
implement a multidisciplinary response to child abuse in the
provision of evidence-informed initiatives, including mental health
counseling, forensic interviewing, multidisciplinary team
coordination, and victim advocacy.''.
(c) Regional Children's Advocacy Centers.--Section 213 of the
Victims of Child Abuse Act of 1990 (34 U.S.C. 20303) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``with the Director and''
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively;
(D) in paragraph (2), as so redesignated, by striking
``and'' at the end;
(E) in paragraph (3), as so redesignated--
(i) by inserting after ``mental health care
professionals'' the following: ``, law enforcement
officers, child protective service workers, forensic
interviewers, prosecutors, and victim advocates,'';
(ii) by striking ``medical'' each place that term
appears; and
(iii) by striking the period at the end and inserting
``; and''; and
(F) by adding at the end the following:
``(4) collaborate with State chapters to provide training,
technical assistance, coordination, and oversight to--
``(A) local children's advocacy centers; and
``(B) communities that want to develop local children's
advocacy centers.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by
striking ``, in coordination with the Director,'';
(ii) in subparagraph (A), by inserting ``and'' at the
end;
(iii) in subparagraph (B), by striking ``the
prevention, judicial handling, and treatment of child abuse
and neglect; and'' and inserting ``multidisciplinary team
investigation, trauma-informed interventions, and evidence-
informed treatment,''; and
(iv) by striking subparagraph (C); and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking
``communities'' and inserting ``communities, local
children's advocacy centers, multidisciplinary teams,
and State chapters'';
(II) in clause (i), by inserting ``and expanding''
after ``developing'';
(III) by redesignating clauses (ii) through (x) as
clauses (iii) through (xi), respectively;
(IV) by inserting after clause (i) the following:
``(ii) in promoting the effective delivery of the
evidence-informed Children's Advocacy Model and the
multidisciplinary response to child abuse, including best
practices in--
``(I) organizational support and development;
``(II) programmatic evaluation; and
``(III) financial oversight of Federal funding;'';
(V) in clause (iii), as so redesignated, by
striking ``a freestanding facility where interviews of
and services for abused children can be provided'' and
inserting ``child-friendly facilities for the
investigation of, assessment of, and intervention in
abuse''; and
(VI) in clause (iv), as so redesignated, by
striking ``multiple'' and inserting ``duplicative'';
and
(ii) in subparagraph (B), by inserting ``and interested
communities'' after ``advocacy centers'';
(3) in subsection (c)--
(A) in paragraph (2)(C), by striking ``remedial counseling
to'' and inserting ``evidence-informed services for'';
(B) in paragraph (3)(A)(ii), by striking
``multidisciplinary child abuse program'' and inserting
``children's advocacy center''; and
(C) in paragraph (4)(B)--
(i) in the matter preceding clause (i), by striking ``,
in coordination with the Director,'';
(ii) by striking clause (iii); and
(iii) by redesignating clauses (iv) and (v) as clauses
(iii) and (iv), respectively;
(4) in subsection (d)--
(A) in paragraph (1), by striking ``, in coordination with
the Director,'';
(B) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``and the Director''; and
(C) in paragraph (3), by striking ``Discontinuation of
funding.--'' and all that follows through ``Upon
discontinuation'' and inserting the following:
``Discontinuation of funding.--Upon discontinuation''; and
(5) by striking subsections (e) and (f).
(d) Local Children's Advocacy Centers.--Section 214 of the Victims
of Child Abuse Act of 1990 (34 U.S.C. 20304) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--The Administrator, in coordination with the
Director of the Office of Victims of Crime, shall make grants to--
``(1) develop and enhance multidisciplinary child abuse
investigations, intervention, and prosecution; and
``(2) promote the effective delivery of the evidence-informed
Children's Advocacy Model and the multidisciplinary response to
child abuse, including best practices in programmatic evaluation
and financial oversight of Federal funding.'';
(2) in subsection (b)--
(A) in the subsection heading, by inserting ``Human
Trafficking and'' before ``Child Pornography'';
(B) by striking ``with the Director and''; and
(C) by inserting ``human trafficking and'' before ``child
pornography'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Director'' and inserting
``Administrator''; and
(ii) by striking ``this section'' and inserting
``subsections (a) and (b)''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``social service''
and inserting ``child protective service'';
(ii) in subparagraph (B), by striking ``the `counseling
center''' and inserting ``a `children's advocacy center''';
(iii) in subparagraph (C), by striking ``sexual and
serious physical abuse and neglect cases to the counseling
center'' and inserting ``child abuse cases that meet
designated referral criteria to the children's advocacy
center'';
(iv) in subparagraph (D)--
(I) by striking ``investigative'' and inserting
``forensic''; and
(II) by striking ``social service'' and inserting
``child protective service'';
(v) by striking subparagraph (E);
(vi) by redesignating subparagraphs (F) through (J) as
subparagraphs (E) through (I), respectively;
(vii) in subparagraph (E), as so redesignated, by
striking ``counseling center'' and inserting ``children's
advocacy center or an agency with which there is a linkage
agreement regarding the delivery of multidisciplinary child
abuse investigation, prosecution, and intervention
services'';
(viii) in subparagraph (F), as so redesignated, by
striking ``minimize the number of interviews that a child
victim must attend'' and inserting ``eliminate duplicative
forensic interviews with a child victim'';
(ix) in subparagraph (G), as so redesignated, by
striking ``multidisciplinary program'' and inserting
``children's advocacy center'';
(x) in subparagraph (H), as so redesignated, by
inserting ``intervention and'' before ``judicial
proceedings''; and
(xi) in subparagraph (I), as so redesignated, by
striking ``Director'' and inserting ``Administrator'';
(4) in subsection (d)--
(A) by striking ``the Director'' and inserting ``the
Administrator''; and
(B) by striking ``both large and small States'' and
inserting ``all States that are eligible for such grants,
including large and small States,''; and
(5) by adding at the end the following:
``(f) Grants to State Chapters for Assistance to Local Children's
Advocacy Centers.--In awarding grants under this section, the
Administrator shall ensure that a portion of the grants is distributed
to State chapters to enable State chapters to provide technical
assistance, training, coordination, and oversight to other recipients
of grants under this section in providing evidence-informed
initiatives, including mental health counseling, forensic interviewing,
multidisciplinary team coordination, and victim advocacy.''.
(e) Grants for Specialized Technical Assistance and Training
Programs.--Section 214A of the Victims of Child Abuse Act of 1990 (34
U.S.C. 20305) is amended--
(1) in subsection (a), by striking ``to attorneys'' and all
that follows and inserting the following: ``to--
``(1) attorneys and other allied professionals instrumental to
the criminal prosecution of child abuse cases in State or Federal
courts, for the purpose of improving the quality of criminal
prosecution of such cases; and
``(2) child abuse professionals instrumental to the protection
of children, intervention in child abuse cases, and treatment of
victims of child abuse, for the purpose of--
``(A) improving the quality of such protection,
intervention, and treatment; and
``(B) promoting the effective delivery of the evidence-
informed Children's Advocacy Model and the multidisciplinary
response to child abuse, including best practices in
programmatic evaluation and financial oversight of Federal
funding.'';
(2) by striking subsection (b) and inserting the following:
``(b) Grantee Organizations.--
``(1) Prosecutors.--An organization to which a grant is made
for specific training and technical assistance for prosecutors
under subsection (a)(1) shall be one that has--
``(A) a broad representation of attorneys who prosecute
criminal cases in State courts; and
``(B) demonstrated experience in providing training and
technical assistance for prosecutors.
``(2) Child abuse professionals.--An organization to which a
grant is made for specific training and technical assistance for
child abuse professionals under subsection (a)(2) shall be one that
has--
``(A) a diverse portfolio of training and technical
resources for the diverse professionals responding to child
abuse, including a digital library to promote evidence-informed
practice; and
``(B) demonstrated experience in providing training and
technical assistance for child abuse professionals, especially
law enforcement officers, child protective service workers,
prosecutors, forensic interviewers, medical professionals,
victim advocates, and mental health professionals.''; and
(3) in subsection (c)(2), by inserting after ``shall require''
the following: ``, in the case of a grant made under subsection
(a)(1),''.
(f) Authorization of Appropriations.--Section 214B of the Victims
of Child Abuse Act of 1990 (34 U.S.C. 20306) is amended--
(1) in subsection (a), by striking ``sections 213 and 214'' and
all that follows and inserting the following: ``sections 213 and
214, $16,000,000 for each of fiscal years 2019 through 2023.''; and
(2) in subsection (b), by striking ``section 214A'' and all
that follows and inserting the following: ``section 214A,
$5,000,000 for each of fiscal years 2019 through 2023.''.
(g) Accountability.--Section 214C of the Victims of Child Abuse Act
of 1990 (34 U.S.C. 20307) is amended--
(1) by striking ``All grants awarded'' and inserting the
following:
``(a) In General.--All grants awarded''; and
(2) by adding at the end the following:
``(b) Reporting.--Not later than March 1 of each year, the Attorney
General shall submit to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of Representatives a
report that--
``(1) summarizes the efforts of the Administrator to monitor
and evaluate the regional children's advocacy program activities
under section 213(d);
``(2) describes--
``(A) the method by which amounts are allocated to grantees
and subgrantees under this subtitle, including to local
children's advocacy centers, State chapters, and regional
children's advocacy program centers; and
``(B) steps the Attorney General has taken to minimize
duplication and overlap in the awarding of amounts under this
subtitle; and
``(3) analyzes the extent to which both rural and urban
populations are served under the regional children's advocacy
program.''.
(h) Technical and Conforming Amendments Relating to Title 34,
United States Code.--The Victims of Child Abuse Act of 1990 (34 U.S.C.
20301 et seq.) is amended--
(1) in section 212(1) (34 U.S.C. 20302), by striking ``(42
U.S.C. 5611(b))'' and inserting ``(34 U.S.C. 11111(b))'';
(2) in section 214(c)(1) (34 U.S.C. 20304(c)(1)), by striking
``(42 U.S.C. 5665 et seq.)'' and inserting ``(34 U.S.C. 11183,
11186)'';
(3) in section 214A(c)(1) (34 U.S.C. 20305(c)(1)), by striking
``(42 U.S.C. 5665 et seq.)'' and inserting ``(34 U.S.C. 11183,
11186)'';
(4) in section 217(c)(1) (34 U.S.C. 20323(c)(1)), by striking
``(42 U.S.C. 5665 et seq.)'' and inserting ``(34 U.S.C. 11183,
11186)''; and
(5) in section 223(c) (34 U.S.C. 20333(c)), by striking ``(42
U.S.C. 5665 et seq.)'' and inserting ``(34 U.S.C. 11183, 11186)''.
SEC. 3. IMMUNITY PROTECTIONS FOR REPORTERS OF CHILD ABUSE.
(a) State Plans.--Section 106(b)(2)(B)(vii) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a(b)(2)(B)(vii)) is amended
to read as follows:
``(vii) provisions for immunity from civil or criminal
liability under State and local laws and regulations for
individuals making good faith reports of suspected or known
instances of child abuse or neglect, or who otherwise
provide information or assistance, including medical
evaluations or consultations, in connection with a report,
investigation, or legal intervention pursuant to a good
faith report of child abuse or neglect;''.
(b) Federal Immunity.--
(1) In general.--Notwithstanding any other provision of law,
any individual making a good faith report to appropriate
authorities of a suspected or known instance of child abuse or
neglect, or who otherwise, in good faith, provides information or
assistance, including medical evaluations or consultations, in
connection with a report, investigation, or legal intervention
pursuant to a good faith report of child abuse or neglect shall not
be subject to civil liability or criminal prosecution, under any
Federal law, rising from making such report or providing such
information or assistance.
(2) Presumption of good faith.--In a Federal civil action or
criminal prosecution brought against a person based on the person's
reporting a suspected or known instance of child abuse or neglect,
or providing information or assistance with respect to such a
report, as described in paragraph (1), there shall be a presumption
that the person acted in good faith.
(3) Costs.--If the defendant prevails in a Federal civil action
described in paragraph (2), the court may award costs and
reasonable attorney's fees incurred by the defendant.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.