END Network Abuse Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 3588 To require the Secretary of Defense to establish an initiative on improving the capacity of military criminal investigative organizations to prevent child sexual exploitation, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 27, 2019 Ms. SPANBERGER (for herself, Mr. MEADOWS, Mr. COX of California, and Ms. ESHOO) introduced the following bill; which was referred to the Com- mittee on Armed Services A BILL To require the Secretary of Defense to establish an initiative on improving the capacity of military criminal investiga- tive organizations to prevent child sexual exploitation, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘End National Defense 4 Network Abuse Act of 2019’’ or the ‘‘END Network 5 Abuse Act of 2019’’. 6 SEC. 2. FINDINGS. 7 Congress finds the following: 8 VerDate Sep 11 2014 18:46 Jul 12, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3588.IH H3588 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 3588 IH (1) In a survey of online peer-to-peer networks, 1 there is an alarming amount of traffic related to the 2 online trading and sharing of child sexual exploi- 3 tation material. 4 (2) Child sexual exploitation, which includes 5 child pornography, child sexual abuse, and child sex 6 trafficking is a complex and growing problem that 7 requires a coordinated, multifaceted response. 8 (3) Victims of child sexual exploitation are less 9 likely to self-report or be identified by outside 10 sources because of their age and the nature of the 11 crimes committed against them. 12 (4) Individuals participating in the possession 13 and trade of child pornography are significantly 14 more likely to also participate in other forms of child 15 sexual exploitation, including child sexual abuse and 16 child trafficking. 17 (5) The detection of online peer-to-peer trading 18 of child pornography focuses on images of children 19 under age 12. Approximately 20 percent of the total 20 number of child sexual exploitation images discov- 21 ered feature children ages 0 to 4. 22 (6) The Internet Crimes Against Children Child 23 Online Protective Services (ICACCOPS) program 24 has been used to identify and collect evidence for the 25 VerDate Sep 11 2014 18:46 Jul 12, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3588.IH H3588 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 3588 IH purpose of prosecuting offenders online. The pro- 1 gram also catalogues images and creates a digital li- 2 brary for the purpose of identifying victims of child 3 sexual exploitation through these images. 4 (7) In 2017, using such program, which scans 5 the Internet for peer-to-peer trading of child pornog- 6 raphy, law enforcement officials identified 663,853 7 unique Internet Protocol (IP) addresses associated 8 with the possession or trading of child pornography. 9 Each unique Internet Protocol address is associated 10 with possessing or trading a range of images, with 11 some possessing more than 50,000 images that de- 12 pict the sexual abuse of children. 13 (8) Training military criminal investigative or- 14 ganizations on advanced tools is integral to the pro- 15 tection of both military and civilian children. 16 (9) Continued training on advanced techno- 17 logical tools will allow military criminal investigative 18 organizations to acquire, adapt, and maintain the 19 technical skills and knowledge needed to keep up 20 with the landscape of online child sexual exploi- 21 tation, which is constantly changing as perpetrators 22 take new steps to avoid detection. 23 (10) There are existing best practices and mod- 24 els that the Department of Defense should leverage, 25 VerDate Sep 11 2014 18:46 Jul 12, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3588.IH H3588 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 3588 IH including online technologies that can simplify the 1 investigative process. 2 SEC. 3. INITIATIVE TO IMPROVE THE CAPACITY OF MILI- 3 TARY CRIMINAL INVESTIGATIVE ORGANIZA- 4 TIONS TO PREVENT CHILD SEXUAL EXPLOI- 5 TATION. 6 (a) IN GENERAL.—Not later than 180 days after the 7 date of the enactment of this Act, the Secretary of Defense 8 shall establish an initiative on improving the capacity of 9 military criminal investigative organizations to prevent 10 child sexual exploitation. Under the initiative, the Sec- 11 retary shall work with an external partner to train military 12 criminal investigative organization officials at Department 13 of Defense installations from all military departments re- 14 garding— 15 (1) online investigative technology, tools, and 16 techniques; 17 (2) computer forensics; 18 (3) complex evidentiary issues; 19 (4) child victim identification; 20 (5) child victim referral for comprehensive in- 21 vestigation and treatment services; and 22 (6) related instruction. 23 VerDate Sep 11 2014 18:46 Jul 12, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3588.IH H3588 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 3588 IH (b) PARTNERSHIPS AND AGREEMENTS.—Under the 1 initiative, the Secretary shall develop partnerships and es- 2 tablish collaborative agreements with the following: 3 (1) The Department of Justice, Office of the 4 Attorney General, in better coordinating the inves- 5 tigative jurisdictions and law enforcement authori- 6 ties of the military criminal investigative organiza- 7 tions, and in improving the justice community’s un- 8 derstanding of those law enforcement authorities to 9 enforce Federal criminal statutes. 10 (2) Federal criminal investigative organizations 11 responsible for enforcement of Federal criminal stat- 12 utes related to combatting child sexual exploitation, 13 in order to ensure a streamlined process for trans- 14 ferring criminal investigations into child exploitation 15 to other jurisdictions, while maintaining the integrity 16 of the evidence already collected. 17 (3) A highly qualified national child protection 18 organization or law enforcement training center with 19 demonstrated expertise in the delivery of law en- 20 forcement training— 21 (A) to detect, identify, investigate, and 22 prosecute individuals engaged in the trading or 23 production of child pornography and the online 24 solicitation of children; and 25 VerDate Sep 11 2014 18:46 Jul 12, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3588.IH H3588 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 3588 IH (B) to train military criminal investigative 1 organization officials at Department of Defense 2 installations from all military departments. 3 (4) A highly qualified national child protection 4 organization with demonstrated expertise in the de- 5 velopment and delivery of multidisciplinary interven- 6 tion training including evidence-based forensic inter- 7 viewing, victim advocacy, trauma-informed mental 8 health services, medical services, and multidisci- 9 plinary coordination between the Department of De- 10 fense and civilian experts to improve outcomes for 11 victims of child sexual exploitation. 12 (5) Children’s Advocacy Centers located in the 13 same communities as military installations that co- 14 ordinate the multidisciplinary team response and 15 child-friendly approach to identifying, investigating, 16 prosecuting, and intervening in child sexual exploi- 17 tation cases that can partner with military installa- 18 tions on law enforcement, child protection, prosecu- 19 tion, mental health, medical, and victim advocacy to 20 investigate sexual exploitation, help children heal 21 from sexual exploitation, and hold offenders account- 22 able. 23 (6) State and local authorities to address law 24 enforcement capacity in communities where military 25 VerDate Sep 11 2014 18:46 Jul 12, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3588.IH H3588 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 3588 IH installations are located, and to prevent lapses in ju- 1 risdiction that would undercut the Department’s ef- 2 forts to prevent child sexual exploitation. 3 (7) The National Association to Protect Chil- 4 dren and the United States Special Operations Com- 5 mand Care Coalition to replicate successful outcomes 6 of the Human Exploitation Rescue Operative 7 (HERO) Child Rescue Corps, as established by sec- 8 tion 890A of the Homeland Security Act of 2002 (6 9 U.S.C. 473), within military criminal investigative 10 organizations and other Department components to 11 combat child sexual exploitation. 12 (c) LOCATIONS.— 13 (1) IN GENERAL.—The Secretary shall carry 14 out the initiative— 15 (A) in at least two States where there is a 16 high density of Department network users in 17 comparison to the overall population of the 18 States; 19 (B) in at least two States where there is 20 a high population of Department network users; 21 (C) in at least two States where there is a 22 large percentage of Indian children, including 23 children who are Alaska Native or Native Ha- 24 waiian; 25 VerDate Sep 11 2014 18:46 Jul 12, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3588.IH H3588 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 3588 IH (D) in at least one State with a population 1 with fewer than 2,000,000 people; 2 (E) in at least one State with a population 3 with fewer than 5,000,000 people, but not fewer 4 than 2,000,000 people; 5 (F) in at least one State with a population 6 with fewer than 10,000,000 people, but not 7 fewer than 5,000,000; and 8 (G) in at least one State with a population 9 with 10,000,000 or more people. 10 (2) GEOGRAPHIC DISTRIBUTION.—The Sec- 11 retary shall ensure that the locations at which the 12 initiative is carried out are distributed across dif- 13 ferent regions. 14 (d) ADDITIONAL REQUIREMENTS.—In carrying out 15 the initiative, the Secretary shall— 16 (1) participate in multi-jurisdictional task 17 forces; 18 (2) establish cooperative agreements to facili- 19 tate co-training and collaboration with Federal, 20 State, and local law enforcement; and 21 (3) develop a streamlined process to refer child 22 sexual abuse cases to other jurisdictions. 23 Æ VerDate Sep 11 2014 18:46 Jul 12, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H3588.IH H3588 pamtmann on DSKBFK8HB2PROD with BILLS