I 
117TH CONGRESS 
1ST SESSION 
H. R. 807 
To establish the Office to Enforce and Protect Against Child Sexual 
Exploitation. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 4, 2021 
Ms. ESHOO (for herself, Ms. JACKSON LEE, and Ms. NORTON) introduced the 
following bill; which was referred to the Committee on the Judiciary, and 
in addition to the Committee on Education and Labor, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction 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-
tives 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: 
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(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 vic-
tims, investigation, or prosecution of child 
sexual exploitation; or 
(ii) other activities relating to ad-
dressing 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
STRAT-
EGY.—The term ‘‘enforcement and protection strat-
egy’’ means the enforcement and protection strategy 
required under section 3(c)(4). 
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(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 Pre-
vention 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 Of-
fice to Enforce and Protect Against Child Sexual 
Exploitation established under section 3(a). 
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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 Presi-
dent, by and with the advice and consent of the Sen-
ate. 
(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 
ap-
pointed 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 Direc-
tor shall coordinate the activities of the Office with 
the Attorney General, the Director of the Federal 
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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 Per-
sons established under section 105 of the Traf-
ficking 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 pro-
grams 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 Depart-
ment of Justice, the Federal Bureau of Investiga-
tion, the Department of Defense, the Department of 
Health and Human Services, the Department of 
Homeland Security, the Department of Education, 
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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 Miss-
ing 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 pros-
ecution of child sexual exploitation by Executive 
agencies; 
(B) the treatment of and services provided 
to victims of child sexual exploitation by Execu-
tive 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 pub-
lic 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, 
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which shall be developed in consultation with the 
head of covered programs and agencies and the Di-
rector 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 fis-
cal year, seek public comment on the funding prior-
ities of the Office and covered programs and agen-
cies 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 pre-
vious fiscal year and evaluating the efficacy of 
the use of funds by the Office and covered pro-
grams 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 Ex-
ploited Children; 
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(ii) the number and nature of inves-
tigations 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 sex-
ual exploitation; 
(v) the number of prosecutions of of-
fenses involving child sexual exploitation by 
judicial district; 
(vi) the number of convictions of of-
fenses involving child sexual exploitation; 
(vii) the number of convictions of of-
fenses involving child sexual exploitation by 
judicial district; 
(viii) the number of referrals of of-
fenses involving child sexual exploitation to 
non-Federal entities, including foreign law 
enforcement agencies, broken down by ju-
risdiction and entity; 
(ix) a summary of all transfers and 
grants made from the Fund; and 
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(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 pro-
tection 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 writ-
ing of any proposed policy change relating to— 
(A) the prevention, investigation, or pros-
ecution of child sexual exploitation; 
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(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 re-
garding whether the proposed policy change is con-
sistent with the enforcement and protection strategy. 
SEC. 4. INCREASED FUNDING, TREATMENT, AND SUPPORT 
FOR VICTIMS OF CHILD SEXUAL EXPLOI-
TATION AND PROGRAMS AND SERVICES TO 
PREVENT CHILD SEXUAL EXPLOITATION. 
(a) PROGRAMS.—For each of fiscal years 2021 
through 2030, the Director shall make the following trans-
fers from the Fund: 
(1) UNITED STATES ATTORNEYS OFFICES.—To 
the Department of Justice, $100,000,000 for child 
sexual exploitation prosecutions by offices of the 
United States attorney. 
(2) CHILD EXPLOITATION AND OBSCENITY SEC-
TION.—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 
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Child Exploitation and Obscenity Section of the 
Criminal Division. 
(3) 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 Inno-
cent Images National Initiative, the Crimes Against 
Children Unit, 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. 
(4) NATIONAL CENTER FOR MISSING AND EX-
PLOITED CHILDREN.—To the Department of Jus-
tice, $15,000,000 for a grant by the Office of Juve-
nile Justice and Delinquency Prevention to the Na-
tional Center for Missing and Exploited Children 
to— 
(A) ensure that the total number of ana-
lysts, engineers, and other employees at the Na-
tional Center for Missing and Exploited Chil-
dren supporting, evaluating, and processing 
child sexual abuse material tips from technology 
companies is not less than 65 more than the 
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number of such analysts, engineers, and other 
employees on the date of enactment of this Act; 
and 
(B) upgrade and maintain technology in-
frastructure and methods. 
(5) INTERNET
CRIMES
AGAINST
CHILDREN 
TASK
FORCES.—To the Department of Justice, 
$60,000,000 for grants to States for activities relat-
ing to Internet Crimes Against Children Task 
Forces. 
(6) NATIONAL
CRIMINAL
JUSTICE
TRAINING 
CENTER.—To 
the 
Department 
of 
Justice, 
$5,000,000 for a grant to the National Criminal 
Justice Training Center. 
(7) 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). 
(8) STREET OUTREACH PROGRAM.—To the De-
partment 
of 
Health 
and 
Human 
Services, 
$16,000,000 for the Street Outreach Program of the 
Family and Youth Services Bureau. 
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(b) GRANTS AND TRANSFERS TO AGENCIES, PRO-
GRAMS, 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, in-
cluding school-based mental health services pro-
viders to detect cases of child sexual exploi-
tation and to treat victims of child sexual ex-
ploitation; 
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(D) transfer funds to the Internet Crimes 
Against Children Task Force program, the Vic-
tim Identification program, and the Child Ex-
ploitation Investigations Unit of U.S. Immigra-
tion 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 or-
ganizations providing assistance to victims of 
child sexual exploitation; 
(H) transfer funds to the agency head des-
ignated 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); 
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(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 Exploi-
tation and Obscenity Section of the Criminal 
Division of the Department of Justice; 
(K) make grants to nonprofit private agen-
cies 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, pros-
titution, 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 traf-
ficking (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 
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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 appro-
priation, 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 Reconcili-
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ation Act of 1985 (19 U.S.C. 58c(j)(3)) is 
amended— 
(i) in subparagraph (A), by striking 
‘‘September 30, 2029’’ and inserting ‘‘Au-
gust 4, 2030’’; and 
(ii) in subparagraph (B)(i), by strik-
ing ‘‘September 30, 2029’’ and inserting 
‘‘August 4, 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 ‘‘September 30, 2029’’ and inserting 
‘‘August 4, 2030’’. 
SEC. 5. EVALUATION OF PREVENTION PROGRAMS. 
The Director, in coordination with the Director of the 
National Institute of Justice, shall enter into an agree-
ment 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— 
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(1) identifying risk factors that may make cer-
tain individuals more vulnerable to child sexual ex-
ploitation; 
(2) identifying the programs with the greatest 
potential for preventing child sexual exploitation; 
and 
(3) evaluating promising programs being devel-
oped in the field of child sexual exploitation preven-
tion. 
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, non-
profit entities, and other entities) for the prevention, de-
tection, enforcement, and treatment of child sexual exploi-
tation, which shall separately report on activities relating 
to child sexual abuse material. 
SEC. 7. MODERNIZING THE CYBERTIPLINE. 
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 insert-
ing after ‘‘facts or circumstances’’ the fol-
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lowing: ‘‘, including any available facts or 
circumstances sufficient to identify and lo-
cate each involved individual,’’; and 
(ii) in paragraph (2)(A)— 
(I) by inserting ‘‘1591 (if the vio-
lation 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 in-
formation which may identify or lo-
cate the involved individual,’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(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.’’; 
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(C) in subsection (d)(5)(B)— 
(i) in clause (i), by striking ‘‘for-
warded’’ and inserting ‘‘made available’’; 
and 
(ii) in clause (ii), by striking ‘‘for-
warded’’ 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 fol-
lowing: 
‘‘(5) EXTENSION OF PRESERVATION.—A pro-
vider of a report to the CyberTipline may voluntarily 
preserve the contents provided in the report (includ-
ing 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 mate-
rial under this subsection in a manner that complies 
with the cybersecurity standards for the protection 
of data under the cybersecurity framework estab-
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lished 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 submis-
sion to the child victim identification 
program 
described 
in 
section 
404(b)(1)(K)(ii) of the Juvenile Jus-
tice 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
ENTI-
TIES.—NCMEC may provide hash values or 
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similar technical identifiers associated with vis-
ual 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 Pre-
vention 
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 pro-
gram 
described 
in 
section 
404(b)(1)(K)(ii) of the Juvenile Jus-
tice 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 lim-
ited to hash values or similar tech-
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pamtmann on DSKBC07HB2PROD with BILLS
nical identifiers associated with visual 
depictions provided in a CyberTipline 
report or submission to the child vic-
tim identification program described 
in section 404(b)(1)(K)(ii) of the Ju-
venile Justice and Delinquency Pre-
vention 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 de-
scribed in section 404(b)(1)(K)(ii) of the Juve-
nile Justice and Delinquency Prevention Act of 
1974 (34 U.S.C. 11293(b)(1)(K)(ii))’’ after 
‘‘CyberTipline’’. 
Æ 
VerDate Sep 11 2014 
17:35 Feb 24, 2021
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E:\BILLS\H807.IH
H807
pamtmann on DSKBC07HB2PROD with BILLS