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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 223 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  1st Session
                                 S. 223

  To establish the Office to Enforce and Protect Against Child Sexual 
                             Exploitation.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            February 4, 2021

  Mr. Wyden (for himself, Mr. Brown, Ms. Hirono, and Mrs. Gillibrand) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
  To establish the Office to Enforce and Protect Against Child Sexual 
                             Exploitation.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Invest in Child Safety Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Child sexual exploitation.--The term ``child sexual 
        exploitation'' has the meaning given the term ``child 
        exploitation'' in section 2 of the PROTECT Our Children Act of 
        2008 (34 U.S.C. 21101).
            (2) Covered program or agency.--The term ``covered program 
        or agency'' means--
                    (A) each Federal program or Executive agency 
                involved in--
                            (i) the prevention, treatment of victims, 
                        investigation, or prosecution of child sexual 
                        exploitation; or
                            (ii) other activities relating to 
                        addressing child sexual exploitation; or
                    (B) any other Federal program, agency, or activity 
                designated by the Director.
            (3) Director.--The term ``Director'' means the Director of 
        the Office appointed under section 3(b)(1).
            (4) Enforcement and protection strategy.--The term 
        ``enforcement and protection strategy'' means the enforcement 
        and protection strategy required under section 3(c)(4).
            (5) Executive agency.--The term ``Executive agency'' has 
        the meaning given that term in section 105 of title 5, United 
        States Code.
            (6) Fund.--The term ``Fund'' means the Child Sexual 
        Exploitation Treatment, Support, and Prevention Fund 
        established under section 4(c)(1).
            (7) High-level representative.--The term ``high-level 
        representative'' means an individual who is--
                    (A) appointed by the President, by and with the 
                advice and consent of the Senate;
                    (B) in a Senior Executive Service position (as 
                defined in section 3132(a) of title 5, United States 
                Code); or
                    (C) for an entity that is not an Executive agency, 
                serving in a leadership or other senior position in the 
                entity.
            (8) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term ``Indian tribe'' in section 4(e) of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 5304(e)).
            (9) Office.--The term ``Office'' means the Office to 
        Enforce and Protect Against Child Sexual Exploitation 
        established under section 3(a).

SEC. 3. OFFICE TO ENFORCE AND PROTECT AGAINST CHILD SEXUAL 
              EXPLOITATION.

    (a) Establishment.--There is established in the Executive Office of 
the President an Office to Enforce and Protect Against Child Sexual 
Exploitation.
    (b) Director.--
            (1) Appointment.--The Office shall be headed by a Director 
        who shall be appointed by the President, by and with the advice 
        and consent of the Senate.
            (2) Term.--
                    (A) In general.--The Director shall be appointed 
                for a term of 5 years.
                    (B) Limitation.--An individual may not serve more 
                than 2 terms as the Director.
            (3) Qualifications.--The individual appointed as the 
        Director shall have--
                    (A) a demonstrated ability in managing large 
                organizations and coordinating offices;
                    (B) experience prosecuting Federal child sexual 
                exploitation crimes; and
                    (C) proficiency in investigating crimes that have a 
                technological or cyber component.
            (4) Coordination of activities.--The Director shall 
        coordinate the activities of the Office with the Attorney 
        General, the Director of the Federal Bureau of Investigation, 
        the Secretary of Defense, the Secretary of Health and Human 
        Services, the Secretary of Homeland Security, the Secretary of 
        Education, the Chairman of the Interagency Task Force to 
        Monitor and Combat Trafficking in Persons established under 
        section 105 of the Trafficking Victims Protection Act of 2000 
        (22 U.S.C. 7103), and the President of the National Center for 
        Missing and Exploited Children.
    (c) Duties.--The Director shall--
            (1) coordinate the activities of covered programs and 
        agencies;
            (2) cooperate, as appropriate, with foreign law enforcement 
        agencies, including through--
                    (A) information sharing and providing technical 
                assistance; and
                    (B) detailing employees of the Office to high 
                priority countries that are the source of visual 
                depictions of child sexual exploitation;
            (3) not less than 3 times per year, convene a meeting of 
        high-level representatives of the Department of Justice, the 
        Federal Bureau of Investigation, the Department of Defense, the 
        Department of Health and Human Services, the Department of 
        Homeland Security, the Department of Education, the Interagency 
        Task Force to Monitor and Combat Trafficking in Persons 
        established under section 105 of the Trafficking Victims 
        Protection Act of 2000 (22 U.S.C. 7103), and the National 
        Center for Missing and Exploited Children, to ensure success of 
        the enforcement and protection strategy;
            (4) not later than 180 days after the date on which each 
        Director is first appointed to the position of Director, submit 
        to Congress an enforcement and protection strategy for--
                    (A) the prevention, investigation, or prosecution 
                of child sexual exploitation by Executive agencies;
                    (B) the treatment of and services provided to 
                victims of child sexual exploitation by Executive 
                agencies; and
                    (C) other activities of Executive agencies relating 
                to addressing child sexual exploitation;
            (5) during the 60-day period beginning on the date on which 
        each Director is first appointed to the position of Director, 
        solicit comments from the public on the enforcement and 
        protection strategy;
            (6) not later than 180 days after the date on which each 
        Director is first appointed to the position of Director, submit 
        to Congress a spending plan, which shall be developed in 
        consultation with the head of covered programs and agencies and 
        the Director of the Office of Management and Budget;
            (7) with respect to each fiscal year, for not less than a 
        period of 30 days before the start of such fiscal year, seek 
        public comment on the funding priorities of the Office and 
        covered programs and agencies for such fiscal year, including 
        funding transfers and grants to be made from the Fund during 
        such fiscal year;
            (8) not later than March 1 of each year, submit to Congress 
        an annual report--
                    (A) detailing the work of the Office and each 
                covered program or agency during the previous fiscal 
                year and evaluating the efficacy of the use of funds by 
                the Office and covered programs and agencies during the 
                previous fiscal year, which shall include, with respect 
                to such previous fiscal year--
                            (i) the number and nature of reports to the 
                        CyberTipline of the National Center for Missing 
                        and Exploited Children, or any successor to 
                        such CyberTipline operated by the National 
                        Center for Missing and Exploited Children;
                            (ii) the number and nature of 
                        investigations conducted relating to child 
                        sexual exploitation;
                            (iii) the number and nature of arrests 
                        relating to child sexual exploitation;
                            (iv) the number and nature of ongoing 
                        prosecutions of offenses involving child sexual 
                        exploitation;
                            (v) the number of prosecutions of offenses 
                        involving child sexual exploitation by judicial 
                        district;
                            (vi) the number of convictions of offenses 
                        involving child sexual exploitation;
                            (vii) the number of convictions of offenses 
                        involving child sexual exploitation by judicial 
                        district;
                            (viii) the number of referrals of offenses 
                        involving child sexual exploitation to non-
                        Federal entities, including foreign law 
                        enforcement agencies, broken down by 
                        jurisdiction and entity;
                            (ix) a summary of all transfers and grants 
                        made from the Fund; and
                            (x) a summary of any unobligated funds from 
                        transfers and grants made for a previous fiscal 
                        year from the Fund; and
                    (B) discussing the funding priorities of the Office 
                and covered programs and agencies for the current 
                fiscal year, which shall include--
                            (i) an outline of planned funding transfers 
                        and grants to be made from the Fund during the 
                        current fiscal year; and
                            (ii) a summary of public comments on such 
                        funding priorities received under paragraph 
                        (7); and
            (9) not later than May 1 of each year, appear before the 
        Committee on the Judiciary of the Senate and the Committee on 
        the Judiciary of the House of Representatives to discuss the 
        enforcement and protection strategy, including any updates.
    (d) Notice of Changes by Covered Programs and Agencies.--
            (1) In general.--The head of each covered program or agency 
        shall notify the Director in writing of any proposed policy 
        change relating to--
                    (A) the prevention, investigation, or prosecution 
                of child sexual exploitation;
                    (B) the treatment of victims of child sexual 
                exploitation; or
                    (C) other activities relating to addressing child 
                sexual exploitation.
            (2) Response.--The Director shall respond promptly to any 
        notice under paragraph (1), which shall include the 
        determination of the Director regarding whether the proposed 
        policy change is consistent with the enforcement and protection 
        strategy.

SEC. 4. INCREASED FUNDING, TREATMENT, AND SUPPORT FOR VICTIMS OF CHILD 
              SEXUAL EXPLOITATION AND PROGRAMS AND SERVICES TO PREVENT 
              CHILD SEXUAL EXPLOITATION.

    (a) Programs.--
            (1) In general.--For each of fiscal years 2021 through 
        2030, the Director shall make the following transfers from the 
        Fund:
                    (A) United states attorneys offices.--To the 
                Department of Justice, $100,000,000 for child sexual 
                exploitation prosecutions by offices of the United 
                States attorney.
                    (B) Child exploitation and obscenity section.--To 
                the Department of Justice, such sums as are necessary 
                to ensure that there are not fewer than 120 prosecutors 
                and agents employed in the Child Exploitation and 
                Obscenity Section of the Criminal Division.
                    (C) Federal bureau of investigation.--To the 
                Federal Bureau of Investigation, such sums as are 
                necessary to ensure that the total number of case 
                agents and investigators employed in the Innocent 
                Images National Initiative, the Crimes Against Children 
                Unit, the Child Abduction Rapid Deployment Teams, and 
                the Child Exploitation and Human Trafficking Task 
                Forces of the Federal Bureau of Investigation is not 
                less than 100 more than the total number of such case 
                agents and investigators on the date of enactment of 
                this Act.
                    (D) National center for missing and exploited 
                children.--To the Department of Justice, $15,000,000 
                for a grant by the Office of Juvenile Justice and 
                Delinquency Prevention to the National Center for 
                Missing and Exploited Children to--
                            (i) ensure that the total number of 
                        analysts, engineers, and other employees at the 
                        National Center for Missing and Exploited 
                        Children supporting, evaluating, and processing 
                        child sexual abuse material tips from 
                        technology companies is not less than 65 more 
                        than the number of such analysts, engineers, 
                        and other employees on the date of enactment of 
                        this Act; and
                            (ii) upgrade and maintain technology 
                        infrastructure and methods.
                    (E) Internet crimes against children task forces.--
                To the Department of Justice, $60,000,000 for grants to 
                States for activities relating to Internet Crimes 
                Against Children Task Forces.
                    (F) National criminal justice training center.--To 
                the Department of Justice, $5,000,000 for a grant to 
                the National Criminal Justice Training Center.
                    (G) Children's advocacy programs.--To the agency 
                head designated under section 201(b) of the Juvenile 
                Justice and Delinquency Prevention Act of 1974 (34 
                U.S.C. 11111(b)), $27,000,000 for grants to local 
                children's advocacy centers under section 214 of the 
                Victims of Child Abuse Act of 1990 (34 U.S.C. 20304).
                    (H) Street outreach program.--To the Department of 
                Health and Human Services, $16,000,000 for the Street 
                Outreach Program of the Family and Youth Services 
                Bureau.
    (b) Grants and Transfers to Agencies, Programs, and Services.--
            (1) In general.--Using amounts in the Fund, the Director 
        may make grants and transfer funds to Executive agencies for 
        treatment and support for victims of child sexual exploitation 
        and evidence-based programs and services to prevent child 
        sexual exploitation.
            (2) Included services and programs.--In carrying out 
        paragraph (1), the Director may--
                    (A) transfer funds to the Street Outreach Program 
                of the Department of Health and Human Services;
                    (B) make grants to local governments and Indian 
                Tribes for hiring mental health services providers, 
                including school-based mental health services providers 
                to work at public elementary schools and secondary 
                schools;
                    (C) make grants to non-Federal entities or transfer 
                funds to Executive agencies to provide training to 
                mental health services providers, including school-
                based mental health services providers to detect cases 
                of child sexual exploitation and to treat victims of 
                child sexual exploitation;
                    (D) transfer funds to the Internet Crimes Against 
                Children Task Force program, the Victim Identification 
                program, and the Child Exploitation Investigations Unit 
                of U.S. Immigration and Customs Enforcement;
                    (E) make grants to the National Center for Missing 
                and Exploited Children;
                    (F) make grants to non-Federal entities or transfer 
                funds to Executive agencies to provide community 
                education relating to the detection, prevention, and 
                treatment of victims of child sexual exploitation;
                    (G) make grants to non-Federal entities or transfer 
                funds to Executive agencies to provide information and 
                training to individuals and organizations providing 
                assistance to victims of child sexual exploitation;
                    (H) transfer funds to the agency head designated 
                under section 201(b) of the Juvenile Justice and 
                Delinquency Prevention Act of 1974 (34 U.S.C. 11111(b)) 
                for grants to local children's advocacy centers under 
                section 214 of the Victims of Child Abuse Act of 1990 
                (34 U.S.C. 20304);
                    (I) transfer funds to the Innocent Images National 
                Initiative, the Crimes Against Children Unit, the Child 
                Abduction Rapid Deployment Teams, and the Child 
                Exploitation and Human Trafficking Task Forces of the 
                Federal Bureau of Investigation;
                    (J) transfer funds to the Child Exploitation and 
                Obscenity Section of the Criminal Division of the 
                Department of Justice;
                    (K) make grants to nonprofit private agencies for 
                the purpose of providing street-based services to 
                runaway and homeless, and street youth, who have been 
                subjected to, or are at risk of being subjected to, 
                sexual abuse, prostitution, sexual exploitation, severe 
                forms of trafficking in persons (as defined in section 
                103(11) of the Trafficking Victims Protection Act of 
                2000 (22 U.S.C. 7102(11))), or sex trafficking (as 
                defined in section 103(12) of the Trafficking Victims 
                Protection Act of 2000 (22 U.S.C. 7102(12)));
                    (L) make grants to the National Criminal Justice 
                Training Center; and
                    (M) make grants or transfer funds to any other 
                covered program or agency for programs or activities 
                directed at addressing child sexual exploitation.
    (c) Funding.--
            (1) In general.--There is established in the Treasury a 
        fund to be known as the ``Child Sexual Exploitation Treatment, 
        Support, and Prevention Fund'', consisting of amounts 
        transferred under paragraph (2).
            (2) Transfer.--The Secretary of the Treasury shall transfer 
        to the Fund, from the general fund of the Treasury, 
        $5,000,000,000 for fiscal year 2021, to remain available 
        through September 30, 2030.
            (3) Use of funds.--
                    (A) In general.--The Director may use amounts in 
                the Fund, without further appropriation, to carry out 
                this section.
                    (B) Supplement not supplant.--Amounts made 
                available to agencies, programs, and services from the 
                Fund shall supplement, but not supplant, regular 
                appropriations for such agencies, programs, and 
                services.
            (4) Customs user fees.--
                    (A) In general.--Section 13031(j)(3) of the 
                Consolidated Omnibus Budget Reconciliation Act of 1985 
                (19 U.S.C. 58c(j)(3)) is amended--
                            (i) in subparagraph (A), by striking 
                        ``October 21, 2029'' and inserting ``August 31, 
                        2030''; and
                            (ii) in subparagraph (B)(i), by striking 
                        ``October 21, 2029'' and inserting ``August 31, 
                        2030''.
                    (B) Rate for merchandise processing fees.--Section 
                503 of the United States-Korea Free Trade Agreement 
                Implementation Act (Public Law 112-41; 19 U.S.C. 3805 
                note) is amended in the matter preceding paragraph (1) 
                by striking ``October 21, 2029'' and inserting ``August 
                31, 2030''.

SEC. 5. EVALUATION OF PREVENTION PROGRAMS.

    The Director, in coordination with the Director of the National 
Institute of Justice, shall enter into an agreement with the Deputy 
Assistant Secretary for Planning, Research, and Evaluation of the 
Department of Health and Human Services under which the Deputy 
Assistant Secretary shall conduct a study and, not later than 6 years 
after the date of enactment of this Act, publicly issue a report--
            (1) identifying risk factors that may make certain 
        individuals more vulnerable to child sexual exploitation;
            (2) identifying the programs with the greatest potential 
        for preventing child sexual exploitation; and
            (3) evaluating promising programs being developed in the 
        field of child sexual exploitation prevention.

SEC. 6. GAO STUDY.

    The Comptroller General of the United States, in consultation with 
the Director, shall study and publicly issue a report documenting all 
Federal funding (including grants to States, local governments, Indian 
Tribes, nonprofit entities, and other entities) for the prevention, 
detection, enforcement, and treatment of child sexual exploitation, 
which shall separately report on activities relating to child sexual 
abuse material.

SEC. 7. MODERNIZING THE CYBERTIPLINE.

    (a) In General.--Chapter 110 of title 18, United States Code, is 
amended--
            (1) in section 2258A--
                    (A) in subsection (a)--
                            (i) in paragraph (1)(B)(ii), by inserting 
                        after ``facts or circumstances'' the following: 
                        ``, including any available facts or 
                        circumstances sufficient to identify and locate 
                        each involved individual,''; and
                            (ii) in paragraph (2)(A)--
                                    (I) by inserting ``1591 (if the 
                                violation involves a minor),'' before 
                                ``2251,''; and
                                    (II) by striking ``or 2260'' and 
                                inserting ``2260, or 2422(b)'';
                    (B) in subsection (b)--
                            (i) in paragraph (1)--
                                    (I) by inserting ``or location'' 
                                after ``identity''; and
                                    (II) by striking ``other 
                                identifying information,'' and 
                                inserting ``other information which may 
                                identify or locate the involved 
                                individual,''; and
                            (ii) by adding at the end the following:
            ``(6) Formatting of reports.--When in its discretion a 
        provider voluntarily includes any content described in this 
        subsection in a report to the CyberTipline, the provider shall 
        use best efforts to ensure that the report conforms with the 
        structure of the CyberTipline.'';
                    (C) in subsection (d)(5)(B)--
                            (i) in clause (i), by striking 
                        ``forwarded'' and inserting ``made available''; 
                        and
                            (ii) in clause (ii), by striking 
                        ``forwarded'' and inserting ``made available''; 
                        and
                    (D) in subsection (h)--
                            (i) in paragraph (1), by striking ``90 
                        days'' and inserting ``180 days''; and
                            (ii) by adding at the end the following:
            ``(5) Extension of preservation.--A provider of a report to 
        the CyberTipline may voluntarily preserve the contents provided 
        in the report (including any commingled content described in 
        paragraph (2)) for longer than 180 days after the submission to 
        the CyberTipline for the purpose of reducing the proliferation 
        of online child sexual exploitation or preventing the online 
        sexual exploitation of children.
            ``(6) Method of preservation.--A provider of a report to 
        the CyberTipline shall preserve material under this subsection 
        in a manner that complies with the cybersecurity standards for 
        the protection of data under the cybersecurity framework 
        established by the National Institute of Standards and 
        Technology.''; and
            (2) in section 2258C--
                    (A) in the section heading, by striking ``the 
                CyberTipline'' and inserting ``NCMEC'';
                    (B) in subsection (a)--
                            (i) in paragraph (1)--
                                    (I) by striking ``NCMEC'' and 
                                inserting the following:
                    ``(A) Provision to providers.--NCMEC'';
                                    (II) in subparagraph (A), as so 
                                designated, by inserting ``or 
                                submission to the child victim 
                                identification program described in 
                                section 404(b)(1)(K)(ii) of the 
                                Juvenile Justice and Delinquency 
                                Prevention Act of 1974 (34 U.S.C. 
                                11293(b)(1)(K)(ii))'' after 
                                ``CyberTipline report''; and
                                    (III) by adding at the end the 
                                following:
                    ``(B) Provision to non-profit entities.--NCMEC may 
                provide hash values or similar technical identifiers 
                associated with visual depictions provided in a 
                CyberTipline report or submission to the child victim 
                identification program described in section 
                404(b)(1)(K)(ii) of the Juvenile Justice and 
                Delinquency Prevention Act of 1974 (34 U.S.C. 
                11293(b)(1)(K)(ii)) to a non-profit entity for the sole 
                and exclusive purpose of preventing and curtailing the 
                online sexual exploitation of children.''; and
                            (ii) in paragraph (2)--
                                    (I) by inserting ``(A)'' after 
                                ``(1)'';
                                    (II) by inserting ``or submission 
                                to the child victim identification 
                                program described in section 
                                404(b)(1)(K)(ii) of the Juvenile 
                                Justice and Delinquency Prevention Act 
                                of 1974 (34 U.S.C. 
                                11293(b)(1)(K)(ii))'' after 
                                ``CyberTipline report''; and
                                    (III) by adding at the end the 
                                following: ``The elements authorized 
                                under paragraph (1)(B) shall be limited 
                                to hash values or similar technical 
                                identifiers associated with visual 
                                depictions provided in a CyberTipline 
                                report or submission to the child 
                                victim identification program described 
                                in section 404(b)(1)(K)(ii) of the 
                                Juvenile Justice and Delinquency 
                                Prevention Act of 1974 (34 U.S.C. 
                                11293(b)(1)(K)(ii)).''; and
                    (C) in subsection (d), by inserting ``or to the 
                child victim identification program described in 
                section 404(b)(1)(K)(ii) of the Juvenile Justice and 
                Delinquency Prevention Act of 1974 (34 U.S.C. 
                11293(b)(1)(K)(ii))'' after ``CyberTipline''.
    (b) Conforming Amendment.--The table of sections for chapter 110 of 
title 18, United States Code, is amended by striking the item relating 
to section 2258C and inserting the following:

``2258C. Use to combat child pornography of technical elements relating 
                            to reports made to NCMEC.''.
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