EFTA Document EFTA01657188

UNCLASSIFIED//FOR OFFICIAL USE ONLY Domestic Investigations and Operations Guide 14.7.4 (U) DISSEMINATION OF INFORMATION CONCERNING THREATS, POSSIBLE VIOLENCE, OR DEMONSTRATIONS AGAINST FOREIGN ESTABLISHMENTS OR OFFICIALS IN THE UNITED STATES (U) If information is received indicating a threat to life within the scope of DIOG subsection 14.7, or possible violence or demonstrations against foreign establishments or officials in the United States, the field office case agent must immediately coordinate the matter with the FBIHQ SSA responsible for the case, who must notify the Department of State, US Secret Service, and any other government agencies that may have an interest. See the Agreement Between the Federal Bureau of Investigation and the US Secret Service Concerning Protective Responsibilities (July 1973) Section IV, and the FBI/US Secret Service "Agreement of Procedures" Regarding Violations Involving US Secret Service Protectees that Fall Within FBI Jurisdiction (December 1978) for the FBI's information sharing responsibilities with the USSS in such cases. §14 14.7.5 (U) DISSEMINATION OF INFORMATION CONCERNING THREATS AGAINST THE PRESIDENT AND OTHER DESIGNATED OFFICIALS (U) The USSS has statutory authority to protect or to engage in certain activities to protect the president and certain other persons as specified in 18 U.S.C. § 3056. An MOU between the FBI and USSS specifies the FBI information that the USSS wants to receive in connection with its protective responsibilities. (U) Detailed guidelines regarding threats against the president of the United States and other USSS protectees can be found in the Violent Incident Crimes Policy Guide (1009PGI, subsection 3.13. 14.8 (U) SUSPECTED CHILD ABUSE - DISSEMINATION OF INFORMATION 14.8.1 (U) OVERVIEW AND APPLICABILITY (U) Consistent with The Attorney General Guidelines for Victim and Witness Assistance (AGG-VWA), all FBI employees — regardless of job function, position, or title — are mandatory reporters of suspected child abuse. As defined in DIOG Appendix Q, employees within this reporting requirement also include TFOs, TFMs, TFPs, detailees, and contractors. See DIOG Appendix Q for further relevant definitions. (U) The FBI's position is that reporting should occur pursuant to the applicable provisions in this subsection. If it is unclear that reporting is required under this policy, FBI employees should err on the side of caution and report the incident to the applicable SLIT LE and/or CPS agencies without delay. FBI employees need not personally witness or observe (i.e., hear or see) specific activities to suspect child abuse. Rather, the requirements under DIOG subsection 14.8 apply any time FBI employees learn of facts that give them a reasonable basis to suspect child abuse has occurred, is occurring, or may occur imminently. This includes when such activity is not the focus of an investigation but inadvertently or incidentally comes to an FBI employee's attention. (U) If suspected child abuse involves an FBI employee or a CHS, see DIOG subsection 14.4.3 for additional reporting requirements. (U) Situational reporting examples can be found in the Crimes Against Children and Human Trafficking Program Policy Guide (1157PO1 (CACHTP PG). 14-13 UNCLASSIFIED//FOR OFFICIAL USE ONLY EFTA01657188 UNCLASSIFIED//FOR OFFICIAL USE ONLY Domestic Investigations and Operations Guide § 14 (U) All documentation, including child victim identification, must occur pursuant to DIOG subsection 14.8.9. 14.8.1.1 (U) STATUTORY MANDATORY REPORTING REQUIREMENTS (U) FBI employees must comply with federal law, DOJ policy, and all applicable SLTT laws governing mandatory reporting requirements and procedures in their specific AOR. If an SLIT jurisdiction has more stringent reporting requirements than those contained in this policy, FBI employees must comply with the more stringent SLTT law. 14.8.2 (U) REQUIRED DISSEMINATION OF INFORMATION TO LAW ENFORCEMENT PARTNERS WITH INVESTIGATIVE JURISDICTION (U) External notification to LE partners requires the synthesis of training, knowledge, experience, known offender characteristics, and sound judgment. Employees must always consider the totality of the circumstances. These policies exist to maximize protection of vulnerable child victims encountered by FBI employees. (U) As mandatory reporters, FBI employees are required to disseminate information about suspected child abuse to the SLTT LE agencies with jurisdiction to investigate the allegations. Unless an exception is approved in accordance with DIOG subsection 14.8.4.3, all reports of suspected abuse with an identified subject, victim, or location must be made without delay. 14.8.3 (U) REQUIRED DISSEMINATION OF INFORMATION TO CHILD PROTECTIVE SERVICES AGENCIES (U) Independent of the provisions in DIOG subsection 14.8.2, an FBI employee must report suspected child abuse to the applicable CPS agency with jurisdiction and responsibility for the matter at hand if such reporting is reasonably necessary to protect a child. The reporting must be completed by the employee with the most direct knowledge of the abuse in consultation with the appropriate division resources (e.g., victim services, division counsel, etc.). 14.8.4 (U) THE TYPE OF INFORMATION THAT MUST BE REPORTED AND WHEN IT MUST BE REPORTED (U) Child abuse means the physical or mental injury, sexual abuse or sexual exploitation, or negligent treatment of a child. Child abuse does not include discipline administered by a parent or legal guardian to his or her child, provided that it is reasonable in manner and moderate in degree and otherwise does not constitute cruelty. FBI employees must report suspicion of child abuse to the appropriate SLTT LE agency without delay. Whenever possible, the reporting should be in coordination and in conjunction with the victims specialist (VS) responsible for the jurisdiction in which the crime occurred. FBI employees must comply with applicable state laws in instances where state laws are more stringent than this policy (as per DIOG subsection 14.8.1). (U) For the purposes of this policy, "without delay" means disseminating information without unnecessary or unreasonable deviations and no later than 24-hours after the FBI employee learns of the facts leading to a reasonable suspicion child abuse is occurring or may occur imminently. (U) Purely historical allegations of child abuse outside FBI jurisdiction with no indication of subject's current or ongoing abuse of or access to a child must be reported to the appropriate SLIT LE agency pursuant to DIOG subsection 14.4.2. This report should be made within 14 calendar days of receiving the allegation and the reporting should be documented. See DIOG subsection 14.8.8.1.1 for documentation requirements. 14-14 UNCLASSIFIED//FOR OFFICIAL USE ONLY EFTA01657189 UNCLASSIFIED//FOR OFFICIAL USE ONLY Domestic Investigations and Operations Guide § 14 (U) Even when there is reason to believe an incident was previously reported or is otherwise being investigated, FBI employees should generally err on the side of caution and report the incident to the applicable SLTT LE and/or CPS agencies without delay. Specifically, FBI employees are required to report any elements of suspected abuse (e.g., day, time, and place) they reasonably know to be distinguishable from previous reports or investigations (due to the possibility of multiple offenses, unreported victims, or additional perpetrators). 14.8.4.1 (U) CIRCUMSTANCES WHEN ADDITIONAL INFORMATION IS NEEDED TO IDENTIFY THE SUBJECT OR VICTIM (U) FBI personnel must act with reasonable judgment based upon the totality of the circumstances. In instances where employees have not determined identifying information of a subject or victim, FBI personnel are unable to identify and report to the appropriate SLTT LE agency; however, when information is obtained identifying the subject or victim, mandatory notifications in accordance with this policy must occur. (U) When, in the course of official duties, an FBI employee reasonably suspects abuse of an identified child victim under circumstances where a subject is not fully identified, FBI employees must act with appropriate urgency by undertaking investigative steps to identify the subject and disrupt abuse against the victim or by making an appropriate external report to the SLIT LE agencies with investigative responsibility for the alleged abuse based on the location of the victim. (U) In circumstances where the identification of the subject and location enables an SLTT LE agency to disrupt ongoing or imminent abuse of a child victim, an immediate referral to the SLIT LE agency with investigative responsibility for the abuse must occur as soon as the subject and location are identified. 14.8.4.2 (U) IN A PENDING FBI NO-CONTACT INVESTIGATION WHERE NO INDICATION EXISTS THAT A CHILD IS OR WILL BE AT RISK (U) In cases where there is a pending FBI investigation of alleged child exploitation but the alleged exploitation does not involve a contact offense and logical investigative steps have yielded no indication the subject poses a threat of ongoing or imminent abuse to a particular child, external reporting to SLTT LE agencies is not required unless the circumstances change. (U) If, during the course of the FBI investigation, the FBI determines circumstances have changed such that external reporting to SLTT LE and/or CPS agencies may achieve further protection of a child victim, mandatory reporting as defined in DIOG subsections 14.8.2 and 14.8.3 must occur and should be documented. (U) Throughout the investigation, FBI personnel will assess whether circumstances have changed, such as access to a child, and will include verification of mandatory reporting requirements during file reviews; additional detail related to this iterative assessment during an investigation can be found in the CACHTP PG. When in doubt, employees should err on the side of referring matters to SLTT LE agencies. (U) For further guidance on coordination with SLTT LE partners and logical investigative steps, refer to the CACHTP PG. 14-15 UNCLASSIFIED//FOR OFFICIAL USE ONLY EFTA01657190 UNCLASSIFIED//FOR OFFICIAL USE ONLY Domestic Investigations and Operations Guide § 14 14.8.4.3 (U//FOUO) LIMITED AUTHORIZATION TO TEMPORARILY DELAY REPORTING IN FBI INVESTIGATIONS (U//FOUO) If, during the course of an FBI investigation, notification to SLTT LE agencies is required, as outlined in DIOG subsections 14.8.2 and 14.8.3, but doing so would significantly compromise an investigation, a confidential source, disclose protected information (e.g., classified information or law enforcement sensitive information), or endanger public safety; FBI employees must, without delay, seek CDC/OGC review and FO/FBIHQ division head approval to temporarily delay reporting up to five calendar days. An extension beyond 24 hours is only justified when there is no reasonable likelihood of additional victimization of the identified child victim. The CDC/OGC review and FO/FBIHQ division head's approval (nondelegable) and reason(s) for the authorization must be documented by EC to the appropriate case file. (U//FOUO) In their reviews, CDCs (or OGC) must consider any potential criminal or civil penalties associated with delaying a report. FBI employees may also choose to consult a victim service provider (VSP) and include any relevant consultative information in the EC. (U//FOUO) Temporary delays are intended to be exceptionally rare. FO/FBIHQ division heads (nondelegable) are permitted to approve temporary delays for up to five calendar days; any subsequent extensions require EAD approval. 14.8.5 (U) SPECIFIC PROCEDURES FOR SUSPECTED CHILD ABUSE ON FEDERAL LAND AND PROPERTY (U) As set forth in 28 CFR §§ 81.2-81.3, the AG designates specific agencies — including some nonfederal entities — to receive and investigate reports of child abuse on federal property, (as well as federally operated or contracted facilities in which children are cared for or reside). FBI employees who suspect that child abuse has taken place, is taking place, or may take place imminently on federal land or property must report the allegations to the applicable AG designated agencies. If the AG has not designated an agency to investigate child abuse reports in a specific area, FBI employees must instead report the allegations to the FBI FO in the AOR. FBI employees who are unable to determine if the AG has designated an agency to receive and investigate child abuse allegations in a specific area should consult the CDC or OGC for guidance. 14.8.6 (U) SPECIFIC PROCEDURES FOR SUSPECTED CHILD ABUSE IN FOREIGN JURISDICTIONS (U) FBI employees assigned outside of the United States or on TDY assignments in foreign jurisdictions must report suspected child abuse: A. (U) Suspected abuse involving USG employees, US contractors, or dependents under the authority of a chief of mission must be reported to the State Department regional security officer (RSO) and the FBI LEGAT (nondelegable). B. (U) Suspected abuse involving members of the US military, USG employees, US contractors, or dependents under the authority of a geographic combatant commander must be reported to the respective military criminal investigative organization and to the FBI LEGAT (nondelegable). 14-16 UNCLASSIFIED//FOR OFFICIAL USE ONLY EFTA01657191 UNCLASSIFIED//FOR OFFICIAL USE ONLY Domestic Investigations and Operations Guide § 14 C. (U) If the suspected abuse involves any other person outside the United States, FBI employees should consult with the LEGAT and/or the RSO regarding reporting laws of the foreign country and act accordingly. FBI employees may request the LEGAT or RSO report the suspected activity to the host government on their behalf. 14.8.7 (U) SPECIFIC PROCEDURES FOR SUSPECTED HUMAN TRAFFICKING OF FOREIGN NATIONAL MINORS (U//FOUO) In accordance with the Trafficking Victims Protection Act of 2000 (TVPA) and 22 U.S.C. 7105(b)(I)(H), FBI employees are required to notify the US Department of Health and Human Services (HHS) within 24-hours upon determining a foreign national child may be the victim of human trafficking. FBI employees must complete the FD-1181, "Notification to HHS of Suspected Trafficking of a Foreign National Child" and send it by UNet email to the HHS Office on Trafficking in Persons (OTIP) ([email protected]). After notifying HHS OTIP, FBI employees must serialize the completed FD-I181 in the relevant investigative case file in Sentinel. If no relevant investigative case file exists, FBI employees must serialize the form in a zero file. If FBI employees are notifying HHS of multiple potential victims at one time, an LHM or a spreadsheet with consolidated victim information may be appended to one FD-1181 form in lieu of completing multiple FD-1181 forms. (U) If operational circumstances preclude an FBI employee from completing an FD-1181 within 24-hours, the employee may instead notify HHS OTIP by phone (202-205-4582) or by email (without an attached form). In such circumstances, the FBI employee must serialize a completed FD-1181, (or otherwise consolidated victim information) to the investigative case file (or zero file, if appropriate) in Sentinel as soon as practicable. When notifying HHS without an FD-1181, the FBI employee should provide the following information (to the extent known and applicable): A. (U) The child victim's name, age, location, and country of origin. B. (U) The suspected location of exploitation and suspected form of trafficking. C. (U) Contact information for the assigned VSP and case agent. (U) After notification to HHS without a completed FD-1181, the FBI employee must serialize a completed FD-1181 to the investigative case file or zero file in Sentinel as soon as practicable. (U) When the above information (A-C) is properly documented in an FD-1181 and serialized in Sentinel, FBI employees are not required to complete an FD-999 form to document the dissemination of victim information to HHS. Additionally, FBI employees are not permitted to complete an FD-999 in lieu of completing an FD-1181. (U) FBI employees should contact Victim Services Division's (VSD) Child Victim Services Unit (CVSU) with questions about this notification process. 14.8.8 (U) MEANS AND MANNER OF DISSEMINATION (U) FBI employees may determine the most appropriate means and manner of disseminating information to SLIT LE agencies (see DIOG subsection 14.8.2) and CPS agencies (see DIOG subsection 14.8.3), as long as the information is disseminated without delay. See DIOG subsection 14.8.8.1 for specific documentation requirements. If state or local laws prescribe a particular method of reporting, FBI employees must comply with such laws. 14-17 UNCLASSIFIED//FOR OFFICIAL USE ONLY EFTA01657192 UNCLASSIFIED//FOR OFFICIAL USE ONLY Domestic Investigations and Operations Guide § 14 (U) Generally, the applicable SLIT LE agencies are articulated in SLIT laws; however, FBI employees unable to determine the applicable agencies should consult a CDC or OGC for guidance. (U) When working as part of a squad or multidisciplinary team, multiple FBI employees may simultaneously learn of facts giving them reason to suspect child abuse. In these circumstances, the individual with the most direct information regarding the allegations is required to disseminate the information to SLIT agencies. Other employees on the squad or team should not make duplicate reports unless they are augmenting the original report with new facts or distinguishable elements of the suspected child abuse. (U) FBI employees may consult a VSP for guidance on properly making reports to applicable partner agencies. However, FBI employees cannot report allegations to a VSP in lieu of properly disseminating information pursuant to DIOG subsections 14.8.2 or 14.8.3, nor are they permitted to ask a VSP to make such a report on their behalf. 14.8.8.1 (U) INTERNAL NOTIFICATION AND DOCUMENTATION REQUIREMENTS (U) As soon as practicable, but no later than five calendar days after disseminating information to SLIT LE and/or CPS agencies pursuant to DIOG subsections 14.8.2 or 14.8.3, FBI employees must document to the appropriate case file(s) the following information (to the extent known and applicable): A. (U//FOUO) The name of the employee who reported the suspected child abuse to applicable agencies. B. (U//FOUO) The date and approximate time on which the employee became aware of the suspected child abuse. C. (U//FOUO) The location(s) of the suspected child abuse. D. (U//FOUO) The manner the employee became aware of the suspected child abuse (e.g., direct observation, report from a CHS, call-in complaint, etc.). E. (U//FOUO) A general synopsis of the facts leading to suspicion of child abuse. F. (U//FOUO) The date and approximate time the employee reported the suspected child abuse to applicable agencies. G. (U//FOUO) The names of the agencies to which the suspected child abuse was reported and applicable points of contact at the agencies. H. (U//FOUO) The manner the report was made (e.g., in person, by phone, or in writing). (U//FOUO) The documentation can be completed via an EC, FD-71a, or other appropriate written form. When the above information is properly documented to the appropriate case file(s), FBI employees are not required to complete a separate FD-999 to document the dissemination of information to the applicable agencies. 14.8.8.1.1 (U) REFERRALS CONTAINING HISTORICAL INFORMATION (U//FOUO) In the instances of a referral containing purely historical information, the documentation of the referral to the applicable SLIT LE can be completed via an EC, FD-7 1 a, or other appropriate written form. When the above information is properly 14-18 UNCLASSIFIED//FOR OFFICIAL USE ONLY EFTA01657193 UNCLASSIFIED//FOR OFFICIAL USE ONLY Domestic Investigations and Operations Guide § 14 documented to the appropriate case file(s), FBI employees are not required to complete a separate FD-999 to document the dissemination of information to the applicable agencies. 14.8.8.2 (U) NOTIFICATION To DIVISION HEAD (U//FOUO) In addition, FBI employees must notify their FO/FBIHQ division heads as soon as practicable, but no later than five calendar days, after learning of facts giving reason to suspect imminent or ongoing child abuse. The process for notification will vary if the information is obtained pursuant to assigned job duties or if it is obtained unrelated to assigned job duties, such as from an employee's personal life. Each FO/FBIHQ division head may designate a secondary official to receive child abuse notifications. For FOs, the designee must be no lower than an ASAC; for FBIHQ divisions or offices, the designee must be no lower than an SC. The appointment of an FO/FBIHQ division head's designee must be documented in an EC to the appropriate administrative file(s). (U//FOUO) If the notification related to information that is obtained unrelated to assigned job duties (e.g., notification pertains to an employee learning firsthand of facts giving reason to suspect child abuse in their personal life), employees must separately email or provide in an EC (or other applicable method) this notification to the FO/FBIHQ division head or designee; if the notification is completed via email, the employee must document the email notification, to include the date, in an EC or other applicable method and route it to the applicable division file. Employees can provide verbal notification to the FO/FBIHQ division head or designee in exigent circumstances, but as soon as practicable, the notifying employee must properly document the referral and must note in the EC (or other applicable method) the date and time of the verbal notification. (U//FOUO) In the instances that the notification is related to assigned job duties, such as serving as a duty agent and receiving a complaint, tip, or lead pertains to an FBI investigation that is pending or will be opened, an existing processes (such as a case opening EC) are the appropriate way to notify the division head as long as the information is ultimately received by the FO/FBIHQ head or designee. For example, a Guardian Type 1 & 2 Assessment briefing to the FO/FBIHQ head or designee is sufficient to satisfy notification requirement under DIOG subsection 14.8.8.2, but this briefing should be noted in the appropriate file. If there is not an established process that cause the information to reach the FO/FBIHQ head or designee, the appropriate individual in the supervisory team should notify the FO/FBIHQ head or designee via email and note this in the appropriate file. (U//FOUO) In the instances an existing process exists because the notification pertains to a complaint, tip, or lead or an FBI investigation that is pending or will be opened and an existing process would cause the information to be received by the division head or designee, the employee who first becomes aware of the suspected child abuse does not also have to be the same employee who notifies the division head or designee. Rather, the best situated employee in the supervisory chain may notify the division head or designee verbally or through the existing process. For example, when a SOS identifies facts giving reason to suspect child abuse in an ongoing criminal investigation, the SIA supervising the SOS or the SSIA over the squad may contact the FO head or designee to provide this notification and document this notification within the applicable case file. (U//FOUO) It is essential FO/FBIHQ division leaders are informed of suspected imminent or ongoing child abuse reports and a reliable written record of reporting is serialized in the 14-19 UNCLASSIFIED//FOR OFFICIAL USE ONLY EFTA01657194 UNCLASSIFIED//FOR OFFICIAL USE ONLY Domestic Investigations and Operations Guide § 14 appropriate case or division file(s). FBI employees cannot report allegations to their FO/FBIHQ division heads or designee in lieu of properly disseminating information pursuant to DIOG subsections 14.8.2 and 14.8.3, nor are they permitted to ask their FO/FBIHQ division heads or designee to make such reports on their behalf. It is the responsibility of the reporting FBI employee to disseminate information to SLIT LE agencies and to document both the information itself and the dissemination thereof. FO/FBIHQ division heads are responsible for ensuring employees take appropriate action to protect the safety of children and comply with this policy. 14.8.9 (U) DOCUMENTATION OF CHILD VICTIM INFORMATION (U) Child victims are a particularly vulnerable subset of victims, and should be given the utmost consideration in regards to protection of their privacy. Child sexual abuse material (CSAM) and identifying information of a child victim may only be transmitted to those with a need to know the information while in the performance of official duties related to an investigation or prosecution. Refer to the AGG-VWA and 18 U.S.C. § 3509 for additional information regarding child victims' and child witnesses' rights. (U//FOUO) All documentation in FBI systems of record (i.e., Sentinel) made pursuant to the subsection above involving the identity of a child victim must include the "Child Victim and Child Witness Identity Information" legal caveat. It is best practice for documents in Sentinel to include a child victim's full identifying information (name and date of birth) the first time the child is mentioned in a document, followed by the designation "(Minor — Protect Identity)" and a subsequent anonymization of the victim's identity (e.g., Minor Victim 1, MV I, etc.). It is no longer best practice to use a victim's initials as a method of anonymization. 14.9 (U) SUSPECTED ABUSE OF THE ELDERLY OR OTHERWISE VULNERABLE INDIVIDUALS - DISSEMINATION OF INFORMATION 14.9.1 (U) OVERVIEW AND APPLICABILITY (U) Consistent with The Attorney General Guidelines for Victim and Witness Assistance all FBI employees—regardless of job function, position, or title—are mandatory reporters of suspected abuse against the elderly and otherwise vulnerable individuals. As defined in DIOG Appendix Q, this includes, but is not limited to, operational or administrative professional staff employees, IAs, SAs, TFOs, TFMs, TFPs, detailees, and contractors. See DIOG Appendix Q for further relevant definitions. (U) As used throughout DIOG subsection 14.9, "suspected abuse against the elderly and otherwise vulnerable individuals" is defined as the willful affliction of physical, psychological, or pecuniary harm to elderly or otherwise vulnerable individuals. The AGG-VWA specifically states that the grounds for reporting abuse may include "physical evidence of abuse, sudden personality changes, disinterest in old habits, and signs of caregiver neglect." Allegations of fraud or swindle in which elderly or otherwise vulnerable individuals are deceived by criminal actors (e.g., reports of investment scams, tech support scams, business email compromise, confidence or romance scams, government impersonation scams, and other scams) are not reportable abuse under this policy. (U) FBI employees do not need to personally witness or observe (i.e., hear or see) specific activities in order to suspect abuse. Rather, the requirements under DIOG subsection 14.9 apply when FBI employees learn of facts during the course of their official duties that give them reason 14-20 UNCLASSIFIED//FOR OFFICIAL USE ONLY EFTA01657195