Respect for Child Survivors Act
Bill: S.4926 | Sponsor: Sen. Cornyn, John (R-TX)
Policy area: Crime and Law Enforcement

Summary:
Respect for Child Survivors Act
This bill requires the Federal Bureau of Investigation (FBI) to use a multidisciplinary approach with any investigation of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking. The FBI must also use a trained child adolescent forensic interviewer in these investigations if practicable and consistent with applicable federal law.
In implementing a multidisciplinary approach, the bill requires the FBI to use and coordinate with multidisciplinary teams based at children's advocacy centers.

[117th Congress Public Law 354]
[From the U.S. Government Publishing Office]



[[Page 6269]]

                     RESPECT FOR CHILD SURVIVORS ACT

[[Page 136 STAT. 6270]]

Public Law 117-354
117th Congress

                                 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. <<NOTE: Jan. 5, 2023 -  [S. 4926]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Respect for 
Child Survivors Act.>> 
SECTION 1. <<NOTE: 28 USC 1 note.>>  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. <<NOTE: 28 USC 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

[[Page 136 STAT. 6271]]

                    ``(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

[[Page 136 STAT. 6272]]

        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

[[Page 136 STAT. 6273]]

                          ``(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.''.

[[Page 136 STAT. 6274]]

    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 33 of title 28, United States Code, <<NOTE: 28 USC prec. 
531.>> 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

[[Page 136 STAT. 6275]]

                                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) <<NOTE: Grants.>>  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) <<NOTE: Standards.>>  develop and disseminate practice 
        standards for care and best practices in programmatic 
        evaluation, and support State chapter organizational capacity 
        and local children's

[[Page 136 STAT. 6276]]

        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) <<NOTE: Coordination.>>  Coordination of each 
                step of the investigation process to eliminate 
                duplicative forensic interviews with a child victim.
                    ``(H) <<NOTE: Designation.>>  Designation of a 
                director for the children's advocacy center.
                    ``(I) <<NOTE: Designation.>>  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) <<NOTE: Coordination.>>  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) <<NOTE: Criteria. Regulations.>>  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)--

[[Page 136 STAT. 6277]]

                          (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. <<NOTE: Time period. 34 USC 20306.>>  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.''.

    Approved January 5, 2023.

LEGISLATIVE HISTORY--S. 4926:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 168 (2022):
            Dec. 13, considered and passed Senate.
            Dec. 21, considered and passed House.

                                  <all>