Respect for Child Survivors Act
Bill: H.R.9043 | Sponsor: Rep. Costa, Jim (D-CA)
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.

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--
                    ``(A) use a multidisciplinary approach; and
                    ``(B) unless impracticable or otherwise 
                inconsistent with applicable Federal law, 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.
                    ``(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 shall 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.''.
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