Sec. 2. Mandatory reporting of child abuse
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Section 226 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341 ) is amended— in subsection (a)(2)— by striking A covered individual and inserting the following: A covered individual ; and by adding at the end the following: Subparagraph
(A)shall apply with respect to an incident of child abuse that— occurred within the United States; or occurred outside the United States; and was committed by a United States citizen or an alien lawfully admitted for permanent residence. ; in subsection (b)(8), by inserting and computer repair technicians after photo processors ; in subsection (c)— in paragraph (1), by striking physical or mental injury and inserting physical injury, psychological abuse ; by striking paragraph
(3)and inserting the following: the term psychological abuse includes— a pattern of acts, threats of acts, or coercive tactics intended to degrade, humiliate, intimidate, or terrorize, a child; and the infliction of trauma on a child through— isolation; the withholding of food or other necessities in order to control behavior; physical restraint; or confinement of the child without the child's consent and in degrading conditions; ; in paragraph (5)(D)— by striking genitals and inserting anus, genitals, ; and by striking or animal ; in paragraph (6), by striking child prostitution and inserting child sex trafficking ; in paragraph (8), by striking the term and inserting child abuse the terms ; physical injury and psychological abuse in paragraph (9)— in subparagraph (A)— by striking minor and inserting child ; and by striking or at the end; in subparagraph (B), by adding or at the end; and by adding at the end the following: is authorized to interact with a child by a covered program that is providing any care, treatment, education, training, instruction, religious guidance, supervision, or recreational opportunities to that child; ; in paragraph (11), by striking and at the end; in paragraph (12), by striking the period and inserting a semicolon; and by adding at the end the following: the term child means a person who is under the age of 18; the term computer has the meaning given the term in section 1030 of title 18, United States Code; the term covered program means any program that receives, in any 1-year period, benefits in excess of $10,000 under a Federal program involving a grant (not including a formula grant to a State, territory, or Tribe), contract, subsidy, loan, guarantee, insurance, or other form of Federal assistance to provide any care, treatment, education, training, instruction, religious guidance, supervision, or recreational opportunities to a child; and the term privileged communication means any communication between 2 parties that, under any applicable law where the communication takes place— is recognized as privileged; is not subject to any exception; and is not subject to a reporting requirement regardless of any applicable privilege. ; in subsection (d)— in the first sentence, by striking an agency and inserting one or more agencies ; and by striking and law enforcement personnel and inserting , law enforcement personnel, and children’s advocacy center personnel in a multidisciplinary team setting ; in subsection (i)— in the heading, by striking and inserting Rule ; Rules by striking Nothing and inserting the following: Nothing ; and by adding at the end the following: Nothing in this section shall be construed to require a licensed attorney to take any action that would violate any applicable rule of professional conduct. Nothing in this section shall be construed to require a covered individual described in subsection (c)(9)(C) who engages in privileged communication through the covered individual's work for the covered program, whether or not for compensation, to report any information exclusively received in the context of a privileged communication. ; and by adding at the end the following: Each Federal agency that has provided Federal assistance to a program that may cause the program to qualify as a covered program shall make reasonable efforts to promote awareness of the reporting requirements under subsection
(a)among such programs. Paragraph
(1)shall not be construed to require individual notice to each program to which a Federal agency has provided Federal assistance as described in that paragraph. . Section 2258 of title 18, United States Code, is amended to read as follows: In this section, the terms child abuse and covered individual have the meanings given those terms in section 226 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341 ). It shall be unlawful for a person who, while engaged in a professional capacity or activity described in subsection
(b)of section 226 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341 ) on Federal land or in a federally operated (or contracted) facility, learns of facts that give reason to suspect that a child has suffered an incident of child abuse, to knowingly fail to make a timely report as required by subsection (a)(1) of that section. It shall be unlawful for a covered individual who learns of facts that give reason to suspect that a child has suffered an incident of child abuse described in subsection
(c)to knowingly fail to make a timely report as required by subsection (a)(2) of section 226 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341 ). An incident of child abuse referred to in subsection (b)(2) is an incident of child abuse that— occurred within the United States; or occurred outside the United States; and was committed by a United States citizen or an alien lawfully admitted for permanent residence. A person or individual who violates subsection
(b)shall be fined under this title or imprisoned not more than 1 year or both. . Except as provided in paragraph (2), the amendments made by subsections
(a)and
(b)shall take effect on the date that is 120 days after the date of enactment of this Act. The amendment made by subsection (a)(5) shall take effect on the date of enactment of this Act. In this subsection: The term child means an individual who has not attained 18 years of age. The term child abuse — has the meaning given the term under any applicable State law requiring reporting of child abuse or neglect by individuals; or in the case of a State in which a law described in clause
(i)that defines child abuse is not in effect, has the meaning given the term in section 226(c) of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341(c) ). The term covered entity means any institution, program, or organization that provides any care, treatment, education, training, instruction, religious guidance, supervision, or recreational opportunities to a child. The term ICAC Grant Program means the grant program under section 106 of the PROTECT Our Children Act of 2008 ( 34 U.S.C. 21116 ). The term ICAC Task Force means a task force that is part of the National Internet Crimes Against Children Task Force Program established under section 102 of the PROTECT Our Children Act of 2008 ( 34 U.S.C. 21112 ). The term Eligible ICAC Task Force means an ICAC Task Force that— was established on or before the date of enactment of this Act; and is located in a State that, as of the last day of the preceding fiscal year, had in effect a law that, at a minimum— with respect to a mandatory reporter who learns of facts that give reason to suspect that a child has suffered an incident of child abuse, requires the mandatory reporter to report the suspected child abuse to a law enforcement agency, a child protective services agency, or both; requires the report described in subclause
(I)to be made as soon as possible, and in any event not later than 48 hours after the mandatory reporter learns of the facts that give reason to suspect that a child has suffered an incident of child abuse; prohibits a covered entity from— taking any action to prevent or discourage reporting of child abuse; or retaliating against a mandatory reporter for making a report described in subclause (I); and provides a criminal, civil, or administrative penalty for the knowing failure by a mandatory reporter to submit a report in accordance with the requirement described in subclause (I). The term mandatory reporter means an individual who— has attained the age of 18 years; and is authorized to interact with a child by a covered entity that is providing any care, treatment, education, training, instruction, religious guidance, supervision, or recreational opportunities to that child. The term privileged communication means any communication between 2 parties that, under any applicable law where the communication takes place— is recognized as privileged; is not subject to any exception; and is not subject to a reporting requirement regardless of any applicable privilege. The Attorney General shall waive the matching requirement for an Eligible ICAC Task Force under section 106(a)(3)(B) of the PROTECT Our Children Act of 2008 ( 34 U.S.C. 21116(a)(3)(B) ) for not more than 4 fiscal years in accordance with this subsection. There is established an ICAC Task Force Supplemental Grant Program within the Department of Justice, under which the Attorney General shall award grants (referred to in this subsection as supplemental grants ) to an Eligible ICAC Task Force in addition to any grants distributed to the Eligible ICAC Task Force under the ICAC Grant Program. The amount of a supplemental grant awarded to an Eligible ICAC Task Force shall be not less than 10 percent of the average amount of the 3 most recent awards to the Eligible ICAC Task Force under the ICAC Grant Program. Any amounts appropriated to carry out this subsection that are not used for supplemental grants shall be distributed to any Eligible ICAC Task Force in accordance with section 106(a)(3)(A) of the PROTECT Our Children Act of 2008 ( 34 U.S.C. 21116(a)(3)(A) ). The Attorney General may provide a supplemental grant to an Eligible ICAC Task Force for not more than 4 fiscal years. An Eligible ICAC Task Force seeking the waiver described in paragraph
(2)or a supplemental grant shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require, including information about the law described in paragraph (1)(F)(ii). Nothing in paragraph (1)(F)(ii) shall be construed to require a State to have in effect a law that requires an individual who engages in privileged communication through the individual’s work for a covered entity, whether or not for compensation, to report any information exclusively received in the context of a privileged communication. There is authorized to be appropriated to carry out this subsection $25,000,000 for each of fiscal years 2024 through 2029.
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