[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4926 Engrossed in Senate (ES)]
<DOC>
117th CONGRESS
2d Session
S. 4926
_______________________________________________________________________
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.''.
Passed the Senate December 13, 2022.
Attest:
Secretary.
117th CONGRESS
2d Session
S. 4926
_______________________________________________________________________
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.