[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2961 Engrossed in Senate (ES)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
115th CONGRESS
  2d Session
                                S. 2961

_______________________________________________________________________

                                 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.

            Passed the Senate December 11, 2018.

            Attest:

                                                             Secretary.
115th CONGRESS

  2d Session

                                S. 2961

_______________________________________________________________________

                                 AN ACT

  To reauthorize subtitle A of the Victims of Child Abuse Act of 1990.