[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4926 Enrolled Bill (ENR)]
S.4926
One Hundred Seventeenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the third day of January, two thousand and twenty two
An Act
To amend chapter 33 of title 28, United States Code, to require
appropriate use of multidisciplinary teams for investigations of child
sexual exploitation or abuse, the production of child sexual abuse
material, or child trafficking conducted by the Federal Bureau of
Investigation.
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 ``Respect for Child Survivors Act''.
SEC. 2. MULTIDISCIPLINARY TEAMS.
(a) Amendment.--Chapter 33 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 540D. Multidisciplinary teams
``(a) Definitions.--In this section--
``(1) the term `child sexual abuse material' means a visual
depiction described in section 2256(8)(A) of title 18;
``(2) the term `covered investigation' means any investigation
of child sexual exploitation or abuse, the production of child
sexual abuse material, or child trafficking conducted by the
Federal Bureau of Investigation;
``(3) the term `Director' means the Director of the Federal
Bureau of Investigation;
``(4) the term `multidisciplinary team' means a
multidisciplinary team established or used under subsection (b)(2);
``(5) the term `relevant children's advocacy center personnel'
means children's advocacy center staff that regularly participate
in multidisciplinary child support settings, including the director
of the children's advocacy center, the coordinator of a
multidisciplinary team, forensic interviewers, victim advocates,
forensic medical evaluators, physicians, sexual assault nurse
examiners, and mental health clinicians; and
``(6) the term `victim advocate' means a person, whether paid
or serving as a volunteer, who provides services to victims under
the auspices or supervision of a victim services program.
``(b) FBI Victim Support Requirements.--
``(1) In general.--To carry out the functions described in
subsection (c) in connection with each covered investigation
conducted by the Federal Bureau of Investigation, the Director
shall, unless unavailable or otherwise inconsistent with applicable
Federal law--
``(A) use a multidisciplinary team; and
``(B) in accordance with paragraph (3), use--
``(i) a trained Federal Bureau of Investigation child
adolescent forensic interviewer; or
``(ii) in the absence of a trained Federal Bureau of
Investigation child adolescent forensic interviewer, a
trained forensic interviewer at a children's advocacy
center.
``(2) Use and coordination.--The Director shall use and
coordinate with children's advocacy center-based multidisciplinary
teams as necessary to carry out paragraph (1).
``(3) Children's advocacy centers.--The Director--
``(A) may work with children's advocacy centers to
implement a multidisciplinary team approaches for purposes of
covered investigations; and
``(B) shall allow, facilitate, and encourage
multidisciplinary teams to collaborate with a children's
advocacy center with regard to availability, provision, and use
of services to and by victims and families that are
participants in or affected by the actions at issue in a
covered investigation.
``(4) Report.--The Director shall submit to the Attorney
General an annual report identifying any interview of a victim
reporting child sexual abuse material or child trafficking that
took place--
``(A) without the use of--
``(i) a multidisciplinary approach;
``(ii) a trained forensic interviewer; or
``(iii) either the use of a multidisciplinary approach
or a trained forensic interviewer; and
``(B) for each interview identified under subparagraph (A),
describing the exigent circumstances that existed with respect
to the interview, in accordance with paragraph (1).
``(5) Memoranda of understanding.--The Director shall seek to
enter into a memorandum of understanding with a reputable national
accrediting organization for children's advocacy centers--
``(A) under which--
``(i) the children's advocacy services of the national
organization are made available to field offices of the
Federal Bureau of Investigation in the United States; and
``(ii) special agents and other employees of the
Federal Bureau of Investigation are made aware of the
existence of such memoranda and its purposes; and
``(B) which shall reflect a trauma-informed, victim-
centered approach and provide for case review.
``(c) Functions.--The functions described in this subsection are
the following:
``(1) To provide for the sharing of information among the
members of a multidisciplinary team, when such a team is used, and
with other appropriate personnel regarding the progress of a
covered investigation by the Federal Bureau of Investigation.
``(2) To provide for and enhance collaborative efforts among
the members of a multidisciplinary team, when such a team is used,
and other appropriate personnel regarding a covered investigation.
``(3) To enhance the social services available to victims in
connection with a covered investigation, including through the
enhancement of cooperation among specialists and other personnel
providing such services in connection with a covered investigation.
``(4) To carry out other duties regarding the response to
investigations of child sexual abuse or trafficking.
``(d) Personnel.--
``(1) In general.--Each multidisciplinary team shall be
composed of the following:
``(A) Appropriate investigative personnel.
``(B) Appropriate mental health professionals.
``(C) Appropriate medical personnel.
``(D) Victim advocates or victim specialists.
``(E) Relevant children's advocacy center personnel, with
respect to covered investigations in which the children's
advocacy center or personnel of the children's advocacy center
were used in the course of the covered investigation.
``(F) Prosecutors, as appropriate.
``(2) Expertise and training.--
``(A) In general.--Any individual assigned to a
multidisciplinary team shall possess such expertise, and shall
undertake such training as is required to maintain such
expertise, in order to ensure that members of the team remain
appropriately qualified to carry out the functions of the team
under this section.
``(B) Requirement.--The training and expertise required
under subparagraph (A) shall include training and expertise on
special victims' crimes, including child sexual abuse.
``(e) Sharing of Information.--
``(1) Access to information.--
``(A) In general.--Subject to subparagraphs (B) and (C),
relevant children's advocacy center personnel who are assigned
to work on a covered investigation under this section shall be
granted access to the case information necessary to perform
their role conducting forensic interviews and providing mental
health treatment, medical care, and victim advocacy for Federal
Bureau of Investigation cases.
``(B) Included information.--The case information described
in subparagraph (A) to which relevant children's advocacy
center personnel shall be granted access includes--
``(i) case outcome of forensic interviews;
``(ii) medical evaluation outcomes;
``(iii) mental health treatment referrals and treatment
completion;
``(iv) safety planning and child protection issues;
``(v) victim service needs and referrals addressed by
the victim advocate;
``(vi) case disposition;
``(vii) case outcomes; and
``(viii) any other information required for a
children's advocacy centers as a part of the standards of
practice of the children's advocacy center; and
``(C) Exempt information.--The case information described
in subparagraph (A) does not include--
``(i) classified information;
``(ii) the identity of confidential informants; or
``(iii) other investigative information not included as
a part of the standards of practice of the children's
advocacy center.
``(2) Sharing information with fbi.--Children's advocacy
centers shall provide the Federal Bureau of Investigation with
forensic interview recordings and documentation, medical reports,
and other case information on Federal Bureau of Investigation-
related cases.
``(3) Security clearances.--
``(A) In general.--The Federal Bureau of Investigation may
provide security clearances to relevant children's advocacy
center personnel for purposes of case review by
multidisciplinary teams, if it is determined that those
personnel are eligible and possess a need-to-know specific
classified information to perform or assist in a lawful and
authorized government function.
``(B) Authorization of appropriations.--There is authorized
to be appropriated such sums as are necessary to carry out
subparagraph (A).
``(f) Use of Teams.--Multidisciplinary teams used under this
section shall be made available to victims reporting child sexual abuse
or child trafficking in covered investigations, regardless of the age
of the victim making the report.
``(g) Case Review by Multidisciplinary Team.--Throughout a covered
investigation, a multidisciplinary team supporting an investigation
under this section shall, at regularly scheduled times, convene to--
``(1) share information about case progress;
``(2) address any investigative or prosecutorial barriers; and
``(3) ensure that victims receive support and needed treatment.
``(h) Availability of Advocates.--The Director shall make advocates
available to each victim who reports child sexual abuse or child
trafficking in connection with an investigation by the Federal Bureau
of Investigation.
``(i) Rules of Construction.--
``(1) Investigative authority.--Nothing in this section shall
be construed to augment any existing investigative authority of the
Federal Bureau of Investigation or to expand the jurisdiction of
any Federal law enforcement agency.
``(2) Protecting investigations.--Nothing in this section shall
be construed to limit the legal obligations of the Director under
any other provision of law, including section 552a of title 5
(commonly known as the `Privacy Act of 1974'), or require the
sharing of classified information with unauthorized persons.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 33 of title 28, United States Code, is amended by inserting
after the item relating to section 540C the following:
``540D. Multidisciplinary teams.''.
SEC. 3. IMPROVING INVESTIGATION AND PROSECUTION OF CHILD ABUSE CASES.
The Victims of Child Abuse Act of 1990 (34 U.S.C. 20301 et seq.) is
amended--
(1) in section 211 (34 U.S.C. 20301)--
(A) in paragraph (1)--
(i) by striking ``3,300,000'' and inserting
``3,400,000''; and
(ii) by striking ``, and drug abuse is associated with
a significant portion of these'';
(B) by redesignating paragraphs (3) through (8) as
paragraphs (4) through (9), respectively;
(C) by inserting afer paragraph (2) the following:
``(3) a key to a child victim healing from abuse is access to
supportive and healthy families and communities;''; and
(D) in paragraph (9)(B), as so redesignated, by inserting
``, and operations of centers'' before the period at the end;
(2) in section 212 (34 U.S.C. 20302)--
(A) in paragraph (5), by inserting ``coordinated team''
before ``response''; and
(B) in paragraph (8), by inserting ``organizational
capacity'' before ``support'';
(3) in section 213 (34 U.S.C. 20303)--
(A) in subsection (a)--
(i) in the heading, by inserting ``and Maintenance''
after ``Establishment'';
(ii) in the matter preceding paragraph (1)--
(I) by striking ``, in coordination with the
Director of the Office of Victims of Crime,''; and
(II) by inserting ``and maintain'' after
``establish'';
(iii) in paragraph (3)--
(I) by striking ``and victim advocates'' and
inserting ``victim advocates, multidisciplinary team
leadership, and children's advocacy center staff''; and
(II) by striking ``and'' at the end;
(iv) by redesignating paragraph (4) as paragraph (5);
(v) by inserting after paragraph (3) the following:
``(4) provide technical assistance, training, coordination, and
organizational capacity support for State chapters; and''; and
(vi) in paragraph (5), as so redesignated, by striking
``and oversight to'' and inserting ``organizational
capacity support, and oversight of'';
(B) in subsection (b)--
(i) in paragraph (1)--
(I) in subparagraph (A), by inserting ``and
maintain'' after ``establish''; and
(II) in the matter following subparagraph (B), by
striking ``and technical assistance to aid communities
in establishing'' and inserting ``training and
technical assistance to aid communities in establishing
and maintaining''; and
(ii) in paragraph (2)--
(I) in subparagraph (A)--
(aa) in clause (ii), by inserting ``Center''
after ``Advocacy''; and
(bb) in clause (iii), by striking ``of,
assessment of, and intervention in'' and inserting
``and intervention in child''; and
(II) in subparagraph (B), by striking ``centers and
interested communities'' and inserting ``centers,
interested communities, and chapters''; and
(C) in subsection (c)--
(i) in paragraph (2)--
(I) in subparagraph (B), by striking ``evaluation,
intervention, evidence gathering, and counseling'' and
inserting ``investigation and intervention in child
abuse''; and
(II) in subparagraph (E), by striking ``judicial
handling of child abuse and neglect'' and inserting
``multidisciplinary response to child abuse'';
(ii) in paragraph (3)(A)(i), by striking ``so that
communities can establish multidisciplinary programs that
respond to child abuse'' and inserting ``and chapters so
that communities can establish and maintain
multidisciplinary programs that respond to child abuse and
chapters can establish and maintain children's advocacy
centers in their State'';
(iii) in paragraph (4)(B)--
(I) in clause (iii), by striking ``and'' at the
end;
(II) in by redesignating clause (iv) as clause (v);
and
(III) by inserting after clause (iii) the
following:
``(iv) best result in supporting chapters in each
State; and''; and
(iv) in paragraph (6), by inserting ``under this Act''
after ``recipients'';
(4) in section 214 (34 U.S.C. 20304)--
(A) by striking subsection (a) and inserting the following:
``(a) In General.--The Administrator shall make grants to--
``(1) establish and maintain a network of care for child abuse
victims where investigation, prosecutions, and interventions are
continually occurring and coordinating activities within local
children's advocacy centers and multidisciplinary teams;
``(2) develop, enhance, and coordinate multidisciplinary child
abuse investigations, intervention, and prosecution activities;
``(3) promote the effective delivery of the evidence-based,
trauma-informed Children's Advocacy Center Model and the
multidisciplinary response to child abuse; and
``(4) develop and disseminate practice standards for care and
best practices in programmatic evaluation, and support State
chapter organizational capacity and local children's advocacy
center organizational capacity and operations in order to meet such
practice standards and best practices.'';
(B) in subsection (b), by striking ``, in coordination with
the Director of the Office of Victims of Crime,'';
(C) in subsection (c)(2)--
(i) in subparagraph (C), by inserting ``to the greatest
extent practicable, but in no case later than 72 hours,''
after ``hours''; and
(ii) by striking subparagraphs (D) through (I) and
inserting the following:
``(D) Forensic interviews of child victims by trained
personnel that are used by law enforcement, health, and child
protective service agencies to interview suspected abuse
victims about allegations of abuse.
``(E) Provision of needed follow up services such as
medical care, mental healthcare, and victims advocacy services.
``(F) A requirement that, to the extent practicable, all
interviews and meetings with a child victim occur at the
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.
``(G) Coordination of each step of the investigation
process to eliminate duplicative forensic interviews with a
child victim.
``(H) Designation of a director for the children's advocacy
center.
``(I) Designation of a multidisciplinary team coordinator.
``(J) Assignment of a volunteer or staff advocate to each
child in order to assist the child and, when appropriate, the
child's family, throughout each step of intervention and
judicial proceedings.
``(K) Coordination with State chapters to assist and
provide oversight, and organizational capacity that supports
local children's advocacy centers, multidisciplinary teams, and
communities 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.
``(L) Such other criteria as the Administrator shall
establish by regulation.''; and
(D) by striking subsection (f) and inserting 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 oversight,
training, and technical assistance to local centers on evidence-
informed initiatives including mental health, counseling, forensic
interviewing, multidisciplinary team coordination, and victim
advocacy.'';
(5) in section 214A (34 U.S.C. 20305)--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``attorneys and other
allied'' and inserting ``prosecutors and other attorneys
and allied''; and
(ii) in paragraph (2)(B), by inserting ``Center'' after
``Advocacy''; and
(B) in subsection (b)(1), by striking subparagraph (A) and
inserting the following:
``(A) a significant connection to prosecutors who handle
child abuse cases in State courts, such as a membership
organization or support service providers; and''; and
(6) by striking 214B (34 U.S.C. 20306) and inserting the
following:
``SEC. 214B. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out sections
213, 214, and 214A, $40,000,000 for each of fiscal years 2022 through
2028.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.