Child RESCUE Act
Bill: H.R.5884 | Sponsor: Rep. Spanberger, Abigail Davis (D-VA)
Policy area: Crime and Law Enforcement

Summary:
National Response to Exploitation and Sexual abuse of Children in Unaddressed Emergencies Act or the Child RESCUE Act
This bill directs the Department of Justice to establish a national working group—the United States Working Group on Children in Imminent Danger—to study policing strategies and resource needs to rescue children who are victims of child sexual abuse material or victims of sexual abuse involving child sexual abuse material.
The working group must report to Congress on its findings and conclusions, as well as recommendations for legislation.

To direct the Attorney General to convene a national working group to 
study proactive strategies and needed resources for the identification 
  and rescue of children from sexual exploitation and abuse, and for 
                            other purposes.

    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 ``National Response to Exploitation 
and Sexual abuse of Children in Unaddressed Emergencies Act'' or the 
``Child RESCUE Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The growing international trade in child sexual abuse 
        material creates demand and incentive for the sexual assault of 
        children throughout the United States.
            (2) United States law enforcement efforts to combat child 
        sexual exploitation have the potential to help multiple 
        distinct groups of victims, including--
                    (A) children depicted in child sexual abuse 
                material (CSAM) who are still being assaulted;
                    (B) children and adults whose victimization as a 
                child continues to be viewed and shared online; and
                    (C) children who are being sexually assaulted by 
                adults who could be interdicted while accessing or 
                sharing CSAM online.
            (3) In congressional hearings held by the Committee on 
        Energy and Commerce of the House of Representatives in 2006, 
        the Department of Justice, the Federal Bureau of Investigation, 
        and State law enforcement leaders estimated that hundreds of 
        thousands of adults in the United States are engaging in CSAM 
        crimes.
            (4) A growing body of research--including academic studies, 
        analysis by the United States Sentencing Commission, and 
        findings by law enforcement polygraphers--indicates that a 
        majority of individuals possessing and sharing CSAM are ``dual 
        offenders'' who possess illegal imagery and also commit contact 
        offenses.
            (5) According to a 2018 study by the National Center for 
        Missing and Exploited Children (NCMEC), ``in cases involving a 
        single victim and single offender, actively traded cases were 
        associated with having prepubescent victims. Actively traded 
        cases were also associated with more egregious content in terms 
        of sexual activity, and more likely to involve familial 
        offenders, particularly nuclear family members.''.
            (6) Law enforcement investigations of CyberTipline reports 
        from the NCMEC frequently lead to the rescue of current child 
        victims, thus enabling law enforcement to interdict offenders 
        who are abusing children by circulating CSAM and also 
        committing contact offenses. In 2020, 21,700,000 CyberTipline 
        reports were submitted to NCMEC and approximately 200,000 
        CyberTipline reports were made available to the 61 Internet 
        Crimes Against Children (ICAC) units across the country.
            (7) United States law enforcement's ability to detect and 
        interdict online traffic in CSAM provides a historic 
        opportunity to locate sexual predators and rescue children 
        through victim-centric investigations. In 2020, the Internet 
        Crimes Against Children Child Online Protection Services 
        (ICACCOPS) and other law enforcement investigative systems 
        detected more than 325,000 unique IP addresses in the U.S. that 
        were associated with CSAM and made available to the Internet 
        Crimes Against Children (ICAC) Task Forces.
            (8) With inadequate resources, United States law 
        enforcement agencies are increasingly unable to adequately 
        respond to this rapidly growing number of CyberTips and other 
        investigative leads, a problem which also reduces the number of 
        proactive undercover investigations and education activities 
        they can conduct.
            (9) Investigations of these crimes are complicated by the 
        increasing prevalence of encryption and anonymizing services 
        available to offenders.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Child sexual abuse material.--The term ``child sexual 
        abuse material'' has the meaning given the term ``child 
        pornography'' in section 2256 of title 18, United States Code.
            (2) Known to law enforcement.--The term ``known to law 
        enforcement'' means a Federal, State, or local law enforcement 
        agency has evidence of a crime that can be attributed to a 
        person or location, including an email address, Internet 
        Protocol address, screen name, computer global unique 
        identifier, phone number, or other information attributable to 
        that person or location.
            (3) Proactive policing.--The term ``proactive policing'' 
        means a specialized, covert, or undercover investigation 
        conducted by a law enforcement agency that involves a person or 
        organization that the law enforcement agency believes is 
        engaging in a violation or violations of child sexual abuse, 
        child exploitation, or child sex trafficking crimes.
            (4) Working group.--The term ``Working Group'' means the 
        United States Working Group on Children in Imminent Danger 
        established under section 3(a).

SEC. 4. ESTABLISHMENT OF WORKING GROUP.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Attorney General shall establish a national working 
group, to be known as the ``United States Working Group on Children in 
Imminent Danger'', to study victim-centric policing strategies and 
resource needs to rescue children in the United States who are--
            (1) victims of child sexual abuse material; or
            (2) victims of sexual abuse by individuals who are also 
        engaged in child sexual abuse material crimes.
    (b) Priority.--In carrying out the study under subsection (a), the 
Working Group shall give priority to investigative leads that indicate 
the possibility of identifying or rescuing child victims of sexual 
abuse or child sexual abuse material crimes.

SEC. 5. DUTIES OF THE WORKING GROUP.

    In carrying out the study under section 4, the Working Group 
shall--
            (1) develop estimates of the total number of adults in the 
        United States who are committing crimes involving the 
        production, distribution, receipt, or possession of child 
        sexual abuse material, including the number of such individuals 
        who--
                    (A) could be interdicted by Federal, State, or 
                local law enforcement agencies if sufficient funding 
                resources were available; and
                    (B) are committing crimes involving sexual contact 
                with children;
            (2) develop estimates of the total number of minor victims 
        of child sexual abuse in the United States, disaggregated by 
        age range, who--
                    (A) could be located and protected from further 
                abuse through the interdiction of individuals 
                committing offenses described in paragraph (1); or
                    (B) are likely to become victims of contact sexual 
                offenses by adults committing offenses described in 
                paragraph (1) during the 10-year period beginning on 
                the date of enactment of this Act;
            (3) develop estimates and descriptions of the funding, 
        resources, and proactive and reactive strategies necessary for 
        Federal, State, and local law enforcement agencies to 
        successfully locate and protect minor victims described in 
        paragraph (2);
            (4) develop estimates of the number of child sexual abuse 
        offenses that are reported annually involving adults in a 
        position of trust or authority including--
                    (A) the total number of such offenses annually 
                known to social service agencies and other non-law 
                enforcement child abuse investigators, and whether or 
                not those reports received a concurrent law enforcement 
                investigative response; and
                    (B) potential strategies and resources that could 
                be used to ensure that offenders reported to social 
                service agencies alleged to have committed contact 
                sexual offenses are also investigated for potential 
                child sexual abuse material crimes; and
            (5) provide additional analysis and nonduplicative 
        estimates of--
                    (A) the number of adults who were arrested by 
                Federal, State, and local law enforcement agencies 
                during the 5-year period ending on the date of 
                enactment of this Act, by year, for any of the offenses 
                described in paragraphs (1) and (4);
                    (B) the number of adults who were prosecuted at the 
                Federal or State level during the 5-year period ending 
                on the date of enactment of this Act, by year, for any 
                of the offenses described in paragraphs (1) and (4);
                    (C) the estimated number of unidentified victims 
                depicted in child abuse imagery that is known to the 
                National Center for Missing and Exploited Children; and
                    (D) the estimated number of cases that receive no 
                investigative follow-up and the underlying reasons for 
                that outcome.

SEC. 6. MEMBERS OF THE WORKING GROUP.

    (a) In General.--
            (1) Attorney general discretion.--The Working Group shall 
        be composed of such representatives of Federal departments and 
        agencies, non-Federal law enforcement agencies, nongovernmental 
        organizations, and subject matter experts as the Attorney 
        General considers appropriate.
            (2) Specified members.--The Attorney General shall appoint 
        representatives of the following agencies and nongovernmental 
        organizations to the Working Group:
                    (A) Three representatives from State or local 
                grantees of the Internet Crimes Against Children Task 
                Force program with extensive, direct experience 
                conducting both CyberTipline investigations and 
                proactive, online undercover investigations, including 
                use of specialized tools for peer-to-peer 
                investigations.
                    (B) A Chief or Deputy Chief of the Child 
                Exploitation and Obscenity Section of the Criminal 
                Division of the Department of Justice.
                    (C) The National Coordinator for Child Exploitation 
                Prevention and Interdiction of the Department of 
                Justice.
                    (D) A representative of the Behavioral Analysis 
                Unit of the United States Marshals Service with subject 
                matter expertise in child exploitation offenders who 
                also commit contact offenses.
                    (E) A special agent of Homeland Security 
                Investigations with expertise in both CyberTipline 
                investigations and proactive online investigations.
                    (F) A subject matter expert within Homeland 
                Security Investigations with expertise in child victim 
                identification.
                    (G) A special agent of the Federal Bureau of 
                Investigation with expertise in both CyberTipline 
                investigations and proactive online investigations and 
                the use of polygraphs in child sexual abuse material 
                investigations.
                    (H) A representative from the National Children's 
                Alliance with expertise in child exploitation and child 
                victim forensic interviewing.
                    (I) A special agent of the United States Secret 
                Service with expertise in investigations of child 
                sexual abuse material or polygraphs of child sexual 
                exploitation suspects.
                    (J) A special agent of the United States Postal 
                Inspection Service with expertise in investigations of 
                child sexual abuse material.
                    (K) A representative from the National District 
                Attorney's Association.
                    (L) A representative from the academic community 
                with expertise in developing technology that can 
                proactively detect the distribution of CSAM online.
                    (M) At the election of the head of the relevant 
                entity--
                            (i) a representative of the Internet Crimes 
                        Against Children Task Force program;
                            (ii) a representative from the ICAC Child 
                        Online Protection System (ICACCOPS) at the 
                        National Criminal Justice Training Center with 
                        subject matter expertise on child sexual 
                        exploitation and abuse investigations;
                            (iii) a representative at the Child Rescue 
                        Coalition with subject matter expertise on the 
                        CPS system and other child sexual exploitation 
                        and abuse investigations;
                            (iv) a representative of the National 
                        Center for Missing and Exploited Children with 
                        subject matter expertise on child sexual 
                        exploitation and abuse and child victim 
                        identification; and
                            (v) a representative of the Rape, Abuse & 
                        Incest National Network with subject matter 
                        expertise on child sexual exploitation and 
                        abuse.
    (b) Cessation of Membership.--If an individual is appointed to the 
Working Group based on membership in an agency or organization and the 
individual ceases to be a member of that agency or organization, the 
individual shall cease to be a member of the Working Group on the date 
on which the member ceases to be a member of the agency or 
organization.
    (c) Terms.--A member of the Working Group shall be appointed for 
the life of the Working Group.
    (d) Vacancies.--
            (1) Vacancy before expiration of term.--A member appointed 
        to the Working Group to fill a vacancy occurring before the 
        expiration of the term for which the member's predecessor was 
        appointed shall be appointed only for the remainder of that 
        term.
            (2) Manner of appointment.--A vacancy in the Working Group 
        shall be filled in the manner in which the original appointment 
        was made.
    (e) Compensation.--A member of the Working Group shall serve 
without pay.
    (f) Quorum.--A majority of the members of the Working Group shall 
constitute a quorum, but a lesser number may hold hearings.
    (g) Chairperson.--The Chairperson of the Working Group shall be 
elected by a majority vote of the Working Group.
    (h) Meetings.--The Working Group shall hold virtual meetings 
monthly, and any subgroup of the Working Group shall hold additional 
meetings as necessary.

SEC. 7. STAFF OF WORKING GROUP; EXPERTS AND CONSULTANTS.

    (a) Staff.--The Chairperson of the Working Group may appoint and 
fix the pay of additional personnel as the Chairperson considers 
appropriate.
    (b) Experts and Consultants.--The Chairperson of the Working Group 
may procure temporary and intermittent services under section 3109(b) 
of title 5, United States Code.
    (c) Detailees.--Upon request of the Chairperson of the Working 
Group, the head of any Federal department or agency may detail, on a 
reimbursable basis, any of the personnel of that department or agency 
to the Working Group to assist in carrying out the duties of the 
Working Group under this Act.

SEC. 8. POWERS OF WORKING GROUP.

    (a) Hearings and Sessions.--
            (1) In general.--The Working Group may, for the purpose of 
        carrying out this Act, hold hearings, sit and act at times and 
        places, take testimony, and receive evidence as the Working 
        Group considers appropriate.
            (2) Witnesses.--The Working Group may administer oaths or 
        affirmations to witnesses appearing before the Working Group.
    (b) Powers of Members and Agents.--Any member or agent of the 
Working Group may, if authorized by the Chairperson, take any action 
that the Working Group is authorized to take under this section, 
including requesting information.
    (c) Obtaining Official Information.--
            (1) In general.--The Working Group may secure directly from 
        any department or agency of the United States information 
        necessary to enable the Working Group to carry out this Act.
            (2) Furnishing information.--Upon request of the 
        Chairperson of the Working Group for information under 
        paragraph (1), the head of the department or agency of the 
        United States shall furnish that information to the Working 
        Group.
    (d) Administrative Support Services.--Upon the request of the 
Working Group, the Administrator of General Services shall provide to 
the Working Group, on a reimbursable basis, the administrative support 
services necessary for the Working Group to carry out the 
responsibilities of the Working Group under this Act.

SEC. 9. REPORT.

    (a) In General.--Not later than 365 days after the date of 
enactment of this Act, the Working Group shall submit to the Attorney 
General, the Committee on the Judiciary of the Senate, the Committee on 
Appropriations of the Senate, the Committee on the Judiciary of the 
House of Representatives, and the Committee on Appropriations of the 
House of Representatives, a report that contains--
            (1) a detailed statement of the findings and conclusions of 
        the Working Group, together with recommendations for 
        legislation; and
            (2) a summary of the support, documents, and witnesses to 
        the Committee provided by the Department of Justice to the 
        Working Group.
    (b) Material Included.--A majority vote of the members of the 
Working Group shall determine the findings, conclusions, and 
recommendations included in the report submitted under subsection (a).

SEC. 10. TERMINATION.

    (a) In General.--The Working Group shall terminate 120 days after 
submission of the report under section 9, unless the Attorney General 
determines that such termination is not appropriate.
    (b) Reconvening Group.--If the Working Group terminates under 
subsection (a), the Attorney General may reconvene the Working Group in 
accordance with this Act.
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