[115th Congress Public Law 424]
[From the U.S. Government Publishing Office]
<star> (Star Print)
[[Page 132 STAT. 5465]]
Public Law 115-424
115th Congress
An Act
To reauthorize subtitle A of the Victims of Child Abuse Act of
1990. <<NOTE: Jan. 7, 2019 - [S. 2961]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Victims of Child
Abuse Act Reauthorization Act of 2018. 34 USC 10101 note.>>
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
[[Page 132 STAT. 5466]]
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--
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``(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) <<NOTE: Coordination. Grants.>> 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
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(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.''.
[[Page 132 STAT. 5469]]
(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:
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``(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) <<NOTE: 34 USC 20342.>> 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
[[Page 132 STAT. 5471]]
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.
Approved January 7, 2019.
LEGISLATIVE HISTORY--S. 2961:
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SENATE REPORTS: No. 115-432 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 164 (2018):
Dec. 11, considered and passed Senate.
Dec. 20, considered and passed House.
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