[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.''.
____________________