[Congressional Record Volume 168, Number 193 (Tuesday, December 13, 2022)]
[Senate]
[Pages S7146-S7147]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6519. Mr. SCHUMER (for Mr. Cornyn) proposed an amendment to the 
bill S. 4926, 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; as follows:

        Strike all after the enacting clause and insert the 
     following:

     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;

[[Page S7147]]

       ``(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.''.

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