H.R. 10389

Survivor’s Voice Protection Act

Official summary

No official summary yet.

Text of the bill

Expand all
Sec. 4. Fiduciary duty to report

(a) Duty To report. A fiduciary who, in the course of their fiduciary duties, has reasonable cause to believe that the person to whom they owe such duty has engaged in grooming behavior that a reasonable person would believe is intended to lead to sexual abuse described in subparagraph (A) or (C) of section 2(3), shall report such behavior to the appropriate Federal, State, Tribal, or local law enforcement agency in accordance with rules promulgated by the Attorney General under subsection (f).

(b) Private right of action. An individual who is a victim of sexual abuse described in subsection (d) may bring a civil action against the fiduciary described in subsection (d)(1) in an appropriate district court of the United States for damages and reasonable attorney fees.

(c) Enforcement by States. In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by sexual abuse described in subsection (d), the attorney general of the State, as parens patriae, may bring a civil action against the fiduciary described in subsection (d)(1) on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief.

(d) Sexual abuse described. Sexual abuse described in this subsection is sexual abuse described in subparagraph (A) or (C) of section 2(3) with respect to which—

(1) a fiduciary failed to report grooming behavior that led to such sexual abuse in violation of subsection (a); and

(2) the person to whom the fiduciary owed the fiduciary duty was convicted.

(e) Statute of limitations. No action may be maintained under this section unless it is commenced not later than the later of—

(1) 10 years after the date of the conviction described in subsection (d)(2); or

(2) 10 years after the victim reaches 18 years of age, if the victim was a minor at the time of the alleged offense.

(f) Rulemaking authority. Not later than 180 days after the date of enactment of this Act, the Attorney General shall promulgate rules to clarify the duty under subsection (a), and the deadline by which a fiduciary is required to report under such subsection, which shall be not less than 90 days and not more than 180 days after the date on which the fiduciary first knows about the grooming behavior described in subsection (a).

(g) Effective date. This section shall take effect on the date that is 180 days after the date of enactment of this Act, except that subsection (f) shall take effect on the date of enactment of this Act.