Statutes of Limitation for Child Sexual Abuse Reform Act
Bill: H.R.4860 | Sponsor: Rep. Wexton, Jennifer (D-VA)
Policy area: Families

Summary:
Statutes of Limitation for Child Sexual Abuse Reform Act
This bill creates incentives, including authorizing the Children's Bureau's Office of Child Abuse and Neglect to make grants, for states to (1) eliminate their criminal and civil statutes of limitations for child sexual abuse, and (2) revive previously time-barred civil claims.

To amend the Child Abuse Protection and Treatment Act to incentivize 
  States to eliminate civil and criminal statutes of limitations and 
 revive time-barred civil claims for child abuse cases, and for other 
                               purposes.

    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 ``Statutes of Limitation for Child 
Sexual Abuse Reform Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Child sexual abuse is a pernicious crime perpetrated 
        through threats of violence, intimidation, manipulation, and 
        abuse of power.
            (2) The prevalence of child sexual abuse is difficult to 
        determine because it is often not reported; however, data 
        suggests that child sexual abuse is a public health epidemic 
        that affects 1 in 5 girls, and 1 in 13 boys in the Nation.
            (3) The prevalence of child sex trafficking is difficult to 
        estimate, but NCMEC estimates that at least 100,000 children 
        are victims of trafficking, with some estimates as high as 2 or 
        3 million children.
            (4) It is estimated that there are approximately 9 million 
        cases of child abuse and exploitation reported every year in 
        the United States.
            (5) Historically, 90 percent of child victims never go to 
        the authorities and the vast majority of claims have expired 
        before the victims were capable of getting to court.
            (6) Due to the subversive nature of this crime, the average 
        age of disclosure of child sexual abuse does not occur until a 
        victim is over 52 years old.
            (7) Because many State statutes of limitations applicable 
        to laws involving child sexual abuse fail to give victims 
        adequate time to come forward and report their abuse, numerous 
        victims are unable to seek fair and just remediation against 
        their abusers.
            (8) Due to the especially heinous nature of child sexual 
        abuse, it is imperative that perpetrators of this crime are 
        punished, prevented from reoffending, and victims have the 
        opportunity to see their abusers brought to justice.
            (9) The negative effects over a survivor's lifetime 
        generate many costs that impact the Nation's health care, 
        education, criminal justice, and welfare systems, with the 
        economic burden of child sexual abuse estimated at nearly $2 
        trillion annually.

SEC. 3. ELIMINATION OF STATE STATUTES OF LIMITATIONS FOR CHILD ABUSE 
              CASES.

    (a) Child Abuse Prevention and Treatment Act.--Section 107(e)(1) of 
the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106c(e)(1)) is 
amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(D) elimination of State civil and criminal 
                statutes of limitations laws for child sexual abuse, 
                exploitation, and sex trafficking, and adoption of laws 
                reviving previously time-barred civil claims for child 
                sexual abuse, exploitation, and sex trafficking.''.
    (b) Special Rule.--Section 111(b) of the Child Abuse Prevention and 
Treatment Act (42 U.S.C. 5106g(b)) is amended by adding at the end the 
following:
            ``(3) Child sexual abuse and exploitation.--For purposes of 
        section 107(e)(1)(D), the term `child sexual abuse and 
        exploitation' shall include an act or a failure to act on the 
        part of a parent, caretaker, or any other person.''.

SEC. 4. GRANTS FOR ELIMINATING CERTAIN STATUTES OF LIMITATION.

    (a) Authorization.--The Secretary of Health and Human Services may 
make grants to States that are eligible to receive an award under 
section 107 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 
5106c) achieve one or more of the following reforms:
            (1) The elimination of all State civil statutes of 
        limitations for claims of, related to, or arising from, child 
        sexual abuse, exploitation, and sex trafficking, against 
        perpetrators, other individuals, and public and private 
        entities.
            (2) The elimination of all State criminal statutes of 
        limitations for all felony and misdemeanor sex crimes against 
        children, including sexual abuse, exploitation, and 
        trafficking, and for incohate offenses related to such sex 
        crimes, including attempt, conspiracy, solicitation, and aiding 
        and abetting.
            (3) The revival of previously time-barred civil claims for 
        child sexual abuse, exploitation, and sex trafficking against 
        perpetrators, other individuals, and public and private 
        entities, which, at a minimum, permits previously time-barred 
        claims a 2-year period or until a victim reaches age 55, 
        whichever is longer.
    (b) Allocation.--Of the funds made available to carry out this 
section--
            (1) 25 percent shall be for States that achieve one of the 
        reforms described in paragraphs (1) through (3) of subsection 
        (a);
            (2) 35 percent shall be for States that achieve two of such 
        reforms; and
            (3) 40 percent shall be for States that achieve three of 
        such reforms.
An award under this section shall be in addition to any funds for which 
the State is otherwise eligible to receive under section 107 of the 
Child Abuse Prevention and Treatment Act (42 U.S.C. 5106c).
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $20,000,000 for each of fiscal 
years 2022 through 2029.

SEC. 5. TECHNICAL CORRECTION.

    Section 1404A of the Victims of Crime Act of 1984 (34 U.S.C. 
20103), by striking ``section 109'' and insert ``section 107''.
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