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Pub. L.
Notes

Title I — Protecting Young Victims from Sexual Abuse

115th Congress · Approved Feb 14, 2018 · 132 Stat. 318

TITLE I Protecting Young Victims from Sexual Abuse

SEC. 101. Required Reporting of Child and Sexual Abuse.

(a)
Reporting Requirement.— Section 226 of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20341) is amended—
(1)
in subsection (a)—
(A)
by striking “ A person who” and inserting the following:

“(1) Covered professionals.—A person who”

; and

(B)
by adding at the end the following:

“(2) Covered individuals.—A covered individual who learns of facts that give reason to suspect that a child has suffered an incident of child abuse, including sexual abuse, shall as soon as possible make a report of the suspected abuse to the agency designated by the Attorney General under subsection (d).”

(2)
in subsection (b), in the matter preceding paragraph (1), by striking “ subsection (a)” and inserting “ subsection (a)(1)”;
(3)
in subsection (c)—
(A)
in paragraph (7), by striking “ and” at the end;
(B)
in paragraph (8), by striking the period at the end and inserting a semicolon; and
(C)
by adding at the end the following:

“(9) the term ‘covered individual’ means an adult who is authorized, by a national governing body, a member of a national governing body, or an amateur sports organization that participates in interstate or international amateur athletic competition, to interact with a minor or amateur athlete at an amateur sports organization facility or at any event sanctioned by a national governing body, a member of a national governing body, or such an amateur sports organization;

“(10) the term ‘event’ includes travel, lodging, practice, competition, and health or medical treatment;

“(11) the terms ‘amateur athlete’, ‘amateur athletic competition’, ‘amateur sports organization’, ‘international amateur athletic competition’, and ‘national governing body’ have the meanings given the terms in section 220501(b) of title 36, United States Code; and

“(12) the term ‘as soon as possible’ means within a 24-hour period.”

(4)
in subsection (d), in the first sentence, by inserting “ and for all covered individuals” after “ reside”;
(5)
in subsection (f), in the first sentence—
(A)
by striking “ and on all” and inserting “ on all”; and
(B)
by inserting “ and for all covered individuals,” after “ lands,”;
(6)
in subsection (h), by inserting “ and all covered individuals,” after “ facilities,”; and
(7)
by adding at the end the following:

“(i) Rule of Construction.—Nothing in this section shall be construed to require a victim of child abuse to self-report the abuse.”

(b)
Penalty for Failure To Report.— Section 2258 of title 18, United States Code, is amended by inserting “ or a covered individual as described in subsection (a)(2) of such section 226 who,” after “ facility,”.

SEC. 102. Civil Remedy for Personal Injuries.

Section 2255 of title 18, United States Code, is amended—
(1)
by striking subsection (a) and inserting the following:

“(a) In General.—Any person who, while a minor, was a victim of a violation of section 1589, 1590, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of this title and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor, may sue in any appropriate United States District Court and shall recover the actual damages such person sustains or liquidated damages in the amount of $150,000, and the cost of the action, including reasonable attorney’s fees and other litigation costs reasonably incurred. The court may also award punitive damages and such other preliminary and equitable relief as the court determines to be appropriate.”

(2)
in subsection (b), by striking “ filed within” and all that follows through the end and inserting the following:

“(1) not later than 10 years after the date on which the plaintiff reasonably discovers the later of—

“(A) the violation that forms the basis for the claim; or

“(B) the injury that forms the basis for the claim; or

“(2) not later than 10 years after the date on which the victim reaches 18 years of age.”

; and

(3)
by adding at the end the following:

“(c) Venue; Service of Process.—

“(1) Venue.—Any action brought under subsection (a) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28.

“(2) Service of process.—In an action brought under subsection (a), process may be served in any district in which the defendant—

“(A) is an inhabitant; or

“(B) may be found.”