Invest in Child Safety Act

I 116TH CONGRESS 2D SESSION H. R. 6752 To establish the Office to Enforce and Protect Against Child Sexual Exploitation. IN THE HOUSE OF REPRESENTATIVES MAY 8, 2020 Ms. ESHOO (for herself, Ms. CASTOR of Florida, Ms. KUSTER of New Hamp- shire, Ms. NORTON, Mr. HASTINGS, and Ms. HAALAND) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Education and Labor, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdic- tion of the committee concerned A BILL To establish the Office to Enforce and Protect Against Child Sexual Exploitation. 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 ‘‘Invest in Child Safety 4 Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 VerDate Sep 11 2014 18:40 May 22, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6752.IH H6752 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 6752 IH (1) CHILD SEXUAL EXPLOITATION.—The term 1 ‘‘child sexual exploitation’’ has the meaning given 2 the term ‘‘child exploitation’’ in section 2 of the 3 PROTECT Our Children Act of 2008 (34 U.S.C. 4 21101). 5 (2) COVERED PROGRAM OR AGENCY.—The term 6 ‘‘covered program or agency’’ means— 7 (A) each Federal program or Executive 8 agency involved in— 9 (i) the prevention, treatment of vic- 10 tims, investigation, or prosecution of child 11 sexual exploitation; or 12 (ii) other activities relating to ad- 13 dressing child sexual exploitation; or 14 (B) any other Federal program, agency, or 15 activity designated by the Director. 16 (3) DIRECTOR.—The term ‘‘Director’’ means 17 the Director of the Office appointed under section 18 3(b)(1). 19 (4) ENFORCEMENT AND PROTECTION STRAT- 20 EGY.—The term ‘‘enforcement and protection strat- 21 egy’’ means the enforcement and protection strategy 22 required under section 3(c)(4). 23 VerDate Sep 11 2014 18:40 May 22, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6752.IH H6752 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 6752 IH (5) EXECUTIVE AGENCY.—The term ‘‘Executive 1 agency’’ has the meaning given that term in section 2 105 of title 5, United States Code. 3 (6) FUND.—The term ‘‘Fund’’ means the Child 4 Sexual Exploitation Treatment, Support, and Pre- 5 vention Fund established under section 4(c)(1). 6 (7) HIGH-LEVEL REPRESENTATIVE.—The term 7 ‘‘high-level representative’’ means an individual who 8 is— 9 (A) appointed by the President, by and 10 with the advice and consent of the Senate; 11 (B) in a Senior Executive Service position 12 (as defined in section 3132(a) of title 5, United 13 States Code); or 14 (C) for an entity that is not an Executive 15 agency, serving in a leadership or other senior 16 position in the entity. 17 (8) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 18 has the meaning given the term ‘‘Indian tribe’’ in 19 section 4(e) of the Indian Self-Determination and 20 Education Assistance Act (25 U.S.C. 5304(e)). 21 (9) OFFICE.—The term ‘‘Office’’ means the Of- 22 fice to Enforce and Protect Against Child Sexual 23 Exploitation established under section 3(a). 24 VerDate Sep 11 2014 18:40 May 22, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6752.IH H6752 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 6752 IH SEC. 3. OFFICE TO ENFORCE AND PROTECT AGAINST 1 CHILD SEXUAL EXPLOITATION. 2 (a) ESTABLISHMENT.—There is established in the 3 Executive Office of the President an Office to Enforce and 4 Protect Against Child Sexual Exploitation. 5 (b) DIRECTOR.— 6 (1) APPOINTMENT.—The Office shall be headed 7 by a Director who shall be appointed by the Presi- 8 dent, by and with the advice and consent of the Sen- 9 ate. 10 (2) TERM.— 11 (A) IN GENERAL.—The Director shall be 12 appointed for a term of 5 years. 13 (B) LIMITATION.—An individual may not 14 serve more than 2 terms as the Director. 15 (3) QUALIFICATIONS.—The individual ap- 16 pointed as the Director shall have— 17 (A) a demonstrated ability in managing 18 large organizations and coordinating offices; 19 (B) experience prosecuting Federal child 20 sexual exploitation crimes; and 21 (C) proficiency in investigating crimes that 22 have a technological or cyber component. 23 (4) COORDINATION OF ACTIVITIES.—The Direc- 24 tor shall coordinate the activities of the Office with 25 the Attorney General, the Director of the Federal 26 VerDate Sep 11 2014 18:40 May 22, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6752.IH H6752 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 6752 IH Bureau of Investigation, the Secretary of Defense, 1 the Secretary of Health and Human Services, the 2 Secretary of Homeland Security, the Secretary of 3 Education, the Chairman of the Interagency Task 4 Force to Monitor and Combat Trafficking in Per- 5 sons established under section 105 of the Traf- 6 ficking Victims Protection Act of 2000 (22 U.S.C. 7 7103), and the President of the National Center for 8 Missing and Exploited Children. 9 (c) DUTIES.—The Director shall— 10 (1) coordinate the activities of covered pro- 11 grams and agencies; 12 (2) cooperate, as appropriate, with foreign law 13 enforcement agencies, including through— 14 (A) information sharing and providing 15 technical assistance; and 16 (B) detailing employees of the Office to 17 high priority countries that are the source of 18 visual depictions of child sexual exploitation; 19 (3) not less than 3 times per year, convene a 20 meeting of high-level representatives of the Depart- 21 ment of Justice, the Federal Bureau of Investiga- 22 tion, the Department of Defense, the Department of 23 Health and Human Services, the Department of 24 Homeland Security, the Department of Education, 25 VerDate Sep 11 2014 18:40 May 22, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6752.IH H6752 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 6752 IH the Interagency Task Force to Monitor and Combat 1 Trafficking in Persons established under section 105 2 of the Trafficking Victims Protection Act of 2000 3 (22 U.S.C. 7103), and the National Center for Miss- 4 ing and Exploited Children, to ensure success of the 5 enforcement and protection strategy; 6 (4) not later than 180 days after the date on 7 which each Director is first appointed to the position 8 of Director, submit to Congress an enforcement and 9 protection strategy for— 10 (A) the prevention, investigation, or pros- 11 ecution of child sexual exploitation by Executive 12 agencies; 13 (B) the treatment of and services provided 14 to victims of child sexual exploitation by Execu- 15 tive agencies; and 16 (C) other activities of Executive agencies 17 relating to addressing child sexual exploitation; 18 (5) during the 60-day period beginning on the 19 date on which each Director is first appointed to the 20 position of Director, solicit comments from the pub- 21 lic on the enforcement and protection strategy; 22 (6) not later than 180 days after the date on 23 which each Director is first appointed to the position 24 of Director, submit to Congress a spending plan, 25 VerDate Sep 11 2014 18:40 May 22, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6752.IH H6752 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 6752 IH which shall be developed in consultation with the 1 head of covered programs and agencies and the Di- 2 rector of the Office of Management and Budget; 3 (7) with respect to each fiscal year, for not less 4 than a period of 30 days before the start of such fis- 5 cal year, seek public comment on the funding prior- 6 ities of the Office and covered programs and agen- 7 cies for such fiscal year, including funding transfers 8 and grants to be made from the Fund during such 9 fiscal year; 10 (8) not later than March 1 of each year, submit 11 to Congress an annual report— 12 (A) detailing the work of the Office and 13 each covered program or agency during the pre- 14 vious fiscal year and evaluating the efficacy of 15 the use of funds by the Office and covered pro- 16 grams and agencies during the previous fiscal 17 year, which shall include, with respect to such 18 previous fiscal year— 19 (i) the number and nature of reports 20 to the CyberTipline of the National Center 21 for Missing and Exploited Children, or any 22 successor to such CyberTipline operated by 23 the National Center for Missing and Ex- 24 ploited Children; 25 VerDate Sep 11 2014 18:40 May 22, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6752.IH H6752 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 6752 IH (ii) the number and nature of inves- 1 tigations conducted relating to child sexual 2 exploitation; 3 (iii) the number and nature of arrests 4 relating to child sexual exploitation; 5 (iv) the number and nature of ongoing 6 prosecutions of offenses involving child sex- 7 ual exploitation; 8 (v) the number of prosecutions of of- 9 fenses involving child sexual exploitation by 10 judicial district; 11 (vi) the number of convictions of of- 12 fenses involving child sexual exploitation; 13 (vii) the number of convictions of of- 14 fenses involving child sexual exploitation by 15 judicial district; 16 (viii) the number of referrals of of- 17 fenses involving child sexual exploitation to 18 non-Federal entities, including foreign law 19 enforcement agencies, broken down by ju- 20 risdiction and entity; 21 (ix) a summary of all transfers and 22 grants made from the Fund; and 23 VerDate Sep 11 2014 18:40 May 22, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6752.IH H6752 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 6752 IH (x) a summary of any unobligated 1 funds from transfers and grants made for 2 a previous fiscal year from the Fund; and 3 (B) discussing the funding priorities of the 4 Office and covered programs and agencies for 5 the current fiscal year, which shall include— 6 (i) an outline of planned funding 7 transfers and grants to be made from the 8 Fund during the current fiscal year; and 9 (ii) a summary of public comments on 10 such funding priorities received under 11 paragraph (7); and 12 (9) not later than May 1 of each year, appear 13 before the Committee on the Judiciary of the Senate 14 and the Committee on the Judiciary of the House of 15 Representatives to discuss the enforcement and pro- 16 tection strategy, including any updates. 17 (d) NOTICE OF CHANGES BY COVERED PROGRAMS 18 AND AGENCIES.— 19 (1) IN GENERAL.—The head of each covered 20 program or agency shall notify the Director in writ- 21 ing of any proposed policy change relating to— 22 (A) the prevention, investigation, or pros- 23 ecution of child sexual exploitation; 24 VerDate Sep 11 2014 18:40 May 22, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6752.IH H6752 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 6752 IH (B) the treatment of victims of child sexual 1 exploitation; or 2 (C) other activities relating to addressing 3 child sexual exploitation. 4 (2) RESPONSE.—The Director shall respond 5 promptly to any notice under paragraph (1), which 6 shall include the determination of the Director re- 7 garding whether the proposed policy change is con- 8 sistent with the enforcement and protection strategy. 9 SEC. 4. INCREASED FUNDING, TREATMENT, AND SUPPORT 10 FOR VICTIMS OF CHILD SEXUAL EXPLOI- 11 TATION AND PROGRAMS AND SERVICES TO 12 PREVENT CHILD SEXUAL EXPLOITATION. 13 (a) PROGRAMS.— 14 (1) IN GENERAL.—For each of fiscal years 15 2021 through 2030, the Director shall make the fol- 16 lowing transfers from the Fund: 17 (A) UNITED STATES ATTORNEYS OF- 18 FICES.—To the Department of Justice, 19 $100,000,000 for child sexual exploitation pros- 20 ecutions by offices of the United States attor- 21 ney. 22 (B) CHILD EXPLOITATION AND OBSCENITY 23 SECTION.—To the Department of Justice, such 24 sums as are necessary to ensure that there are 25 VerDate Sep 11 2014 18:40 May 22, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6752.IH H6752 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 6752 IH not fewer than 120 prosecutors and agents em- 1 ployed in the Child Exploitation and Obscenity 2 Section of the Criminal Division. 3 (C) FEDERAL BUREAU OF INVESTIGA- 4 TION.—To the Federal Bureau of Investigation, 5 such sums as are necessary to ensure that the 6 total number of case agents and investigators 7 employed in the Innocent Images National Ini- 8 tiative, the Crimes Against Children Unit, Child 9 Abduction Rapid Deployment Teams, and the 10 Child Exploitation and Human Trafficking 11 Task Forces of the Federal Bureau of Inves- 12 tigation is not less than 100 more than the 13 total number of such case agents and investiga- 14 tors on the date of enactment of this Act. 15 (D) NATIONAL CENTER FOR MISSING AND 16 EXPLOITED CHILDREN.—To the Department of 17 Justice, $15,000,000 for a grant by the Office 18 of Juvenile Justice and Delinquency Prevention 19 to the National Center for Missing and Ex- 20 ploited Children to— 21 (i) ensure that the total number of 22 analysts, engineers, and other employees at 23 the National Center for Missing and Ex- 24 ploited Children supporting, evaluating, 25 VerDate Sep 11 2014 18:40 May 22, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H6752.IH H6752 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 6752 IH and processing child sexual abuse material 1 tips from technology companies is not less 2 than 65 more than the number of such an- 3 alysts, engineers, and other employees on 4 the date of enactment of this Act; and 5 (ii) upgrade and maintain technology 6 infrastructure and methods. 7 (E) INTERNET CRIMES AGAINST CHILDREN 8 TASK FORCES.—To the Department of Justice, 9 $60,000,000 for grants to States for activities 10 relating to Internet Crimes Against Children 11 Task Forces. 12 (F) NATIONAL CRIMINAL JUSTICE TRAIN- 13 ING CENTER.—To the Department of Justice, 14 $5,000,000 for a grant to the National Crimi- 15 nal Justice Training Center. 16 (G) CHILDREN’S ADVOCACY PROGRAMS.— 17 To the agency head designated under section 18 201(b) of the Juvenile Justice and Delinquency 19 Prevention Act of 1974 (34 U.S.C. 11111(b)), 20 $27,000,000 for grants to local children’s advo- 21 cacy centers under section 214 of the Victims 22 of Child Abuse Act of 1990 (34 U.S.C. 20304). 23 (H) STREET OUTREACH PROGRAM.—To 24 the Department of Health and Human Services, 25 VerDate Sep 11 2014 18:40 May 22, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H6752.IH H6752 pamtmann on DSKBC07HB2PROD with BILLS 13 •HR 6752 IH $16,000,000 for the Street Outreach Program 1 o [Text truncated for display. 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