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[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.
```