HEN20397

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116TH CONGRESS
2D SESSION

S. ll

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

IN THE SENATE OF THE UNITED STATES
llllllllll
Mr. WYDEN (for himself, Mrs. GILLIBRAND, Mr. CASEY, and Mr. BROWN) introduced the following bill; which was read twice and referred to the Committee on llllllllll

A BILL
To establish the Office to Enforce and Protect Against Child
Sexual Exploitation.
1

Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,
3
4

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Invest in Child Safety

5 Act’’.
6

SEC. 2. DEFINITIONS.

7

In this Act:

8

(1) CHILD

SEXUAL EXPLOITATION.—The

term

9

‘‘child sexual exploitation’’ has the meaning given

10

the term ‘‘child exploitation’’ in section 2 of the
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PROTECT Our Children Act of 2008 (34 U.S.C.

2

21101).

3
4

(2) COVERED

term

‘‘covered program or agency’’ means—

5
6

PROGRAM OR AGENCY.—The

(A) each Federal program or Executive
agency involved in—

7

(i) the prevention, treatment of vic-

8

tims, investigation, or prosecution of child

9

sexual exploitation; or

10

(ii) other activities relating to ad-

11

dressing child sexual exploitation; or

12

(B) any other Federal program, agency, or

13

activity designated by the Director.

14

(3) DIRECTOR.—The term ‘‘Director’’ means

15

the Director of the Office appointed under section

16

3(b)(1).

17

(4) ENFORCEMENT

AND PROTECTION STRAT-

18

EGY.—The

19

egy’’ means the enforcement and protection strategy

20

required under section 3(c)(4).

21

term ‘‘enforcement and protection strat-

(5) EXECUTIVE

AGENCY.—The

term ‘‘Executive

22

agency’’ has the meaning given that term in section

23

105 of title 5, United States Code.

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(6) FUND.—The term ‘‘Fund’’ means the Child

2

Sexual Exploitation Treatment, Support, and Pre-

3

vention Fund established under section 4(c)(1).

4

(7) HIGH-LEVEL

REPRESENTATIVE.—The

term

5

‘‘high-level representative’’ means an individual who

6

is—

7
8

(A) appointed by the President, by and
with the advice and consent of the Senate;

9

(B) in a Senior Executive Service position

10

(as defined in section 3132(a) of title 5, United

11

States Code); or

12

(C) for an entity that is not an Executive

13

agency, serving in a leadership or other senior

14

position in the entity.

15

(8) INDIAN

TRIBE.—The

term ‘‘Indian Tribe’’

16

has the meaning given the term ‘‘Indian tribe’’ in

17

section 4(e) of the Indian Self-Determination and

18

Education Assistance Act (25 U.S.C. 5304(e)).

19

(9) OFFICE.—The term ‘‘Office’’ means the Of-

20

fice to Enforce and Protect Against Child Sexual

21

Exploitation established under section 3(a).

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1

SEC. 3. OFFICE TO ENFORCE AND PROTECT AGAINST

2
3

CHILD SEXUAL EXPLOITATION.

(a) ESTABLISHMENT.—There is established in the

4 Executive Office of the President an Office to Enforce and
5 Protect Against Child Sexual Exploitation.
6

(b) DIRECTOR.—

7

(1) APPOINTMENT.—The Office shall be headed

8

by a Director who shall be appointed by the Presi-

9

dent, by and with the advice and consent of the Sen-

10
11

ate.
(2) TERM.—

12
13

(A) IN

GENERAL.—The

Director shall be

appointed for a term of 5 years.

14

(B) LIMITATION.—An individual may not

15

serve more than 2 terms as the Director.

16

(3)

17

ap-

(A) a demonstrated ability in managing
large organizations and coordinating offices;

20
21

individual

pointed as the Director shall have—

18
19

QUALIFICATIONS.—The

(B) experience prosecuting Federal child
sexual exploitation crimes; and

22

(C) proficiency in investigating crimes that

23

have a technological or cyber component.

24

(4) COORDINATION

OF ACTIVITIES.—The

Direc-

25

tor shall coordinate the activities of the Office with

26

the Attorney General, the Director of the Federal
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Bureau of Investigation, the Secretary of Defense,

2

the Secretary of Health and Human Services, the

3

Secretary of Homeland Security, the Secretary of

4

Education, the Chairman of the Interagency Task

5

Force to Monitor and Combat Trafficking in Per-

6

sons established under section 105 of the Traf-

7

ficking Victims Protection Act of 2000 (22 U.S.C.

8

7103), and the President of the National Center for

9

Missing and Exploited Children.

10
11
12
13
14

(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—

15
16

(A) information sharing and providing
technical assistance; and

17

(B) detailing employees of the Office to

18

high priority countries that are the source of

19

visual depictions of child sexual exploitation;

20

(3) not less than 3 times per year, convene a

21

meeting of high-level representatives of the Depart-

22

ment of Justice, the Federal Bureau of Investiga-

23

tion, the Department of Defense, the Department of

24

Health and Human Services, the Department of

25

Homeland Security, the Department of Education,

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the Interagency Task Force to Monitor and Combat

2

Trafficking in Persons established under section 105

3

of the Trafficking Victims Protection Act of 2000

4

(22 U.S.C. 7103), and the National Center for Miss-

5

ing and Exploited Children, to ensure success of the

6

enforcement and protection strategy;

7

(4) not later than 180 days after the date on

8

which each Director is first appointed to the position

9

of Director, submit to Congress an enforcement and

10

protection strategy for—

11

(A) the prevention, investigation, or pros-

12

ecution of child sexual exploitation by Executive

13

agencies;

14

(B) the treatment of and services provided

15

to victims of child sexual exploitation by Execu-

16

tive agencies; and

17

(C) other activities of Executive agencies

18

relating to addressing child sexual exploitation;

19

(5) during the 60-day period beginning on the

20

date on which each Director is first appointed to the

21

position of Director, solicit comments from the pub-

22

lic on the enforcement and protection strategy;

23

(6) not later than 180 days after the date on

24

which each Director is first appointed to the position

25

of Director, submit to Congress a spending plan,

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which shall be developed in consultation with the

2

head of covered programs and agencies and the Di-

3

rector of the Office of Management and Budget;

4

(7) with respect to each fiscal year, for not less

5

than a period of 30 days before the start of such fis-

6

cal year, seek public comment on the funding prior-

7

ities of the Office and covered programs and agen-

8

cies for such fiscal year, including funding transfers

9

and grants to be made from the Fund during such

10
11
12

fiscal year;
(8) not later than March 1 of each year, submit
to Congress an annual report—

13

(A) detailing the work of the Office and

14

each covered program or agency during the pre-

15

vious fiscal year and evaluating the efficacy of

16

the use of funds by the Office and covered pro-

17

grams and agencies during the previous fiscal

18

year, which shall include, with respect to such

19

previous fiscal year—

20

(i) the number and nature of reports

21

to the CyberTipline of the National Center

22

for Missing and Exploited Children, or any

23

successor to such CyberTipline operated by

24

the National Center for Missing and Ex-

25

ploited Children;

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(ii) the number and nature of inves-

2

tigations conducted relating to child sexual

3

exploitation;

4

(iii) the number and nature of arrests

5

relating to child sexual exploitation;

6

(iv) the number and nature of ongoing

7

prosecutions of offenses involving child sex-

8

ual exploitation;

9

(v) the number of prosecutions of of-

10

fenses involving child sexual exploitation by

11

judicial district;

12

(vi) the number of convictions of of-

13

fenses involving child sexual exploitation;

14

(vii) the number of convictions of of-

15

fenses involving child sexual exploitation by

16

judicial district;

17

(viii) the number of referrals of of-

18

fenses involving child sexual exploitation to

19

non-Federal entities, including foreign law

20

enforcement agencies, broken down by ju-

21

risdiction and entity;

22

(ix) a summary of all transfers and

23

grants made from the Fund; and

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(x) a summary of any unobligated

2

funds from transfers and grants made for

3

a previous fiscal year from the Fund; and

4

(B) discussing the funding priorities of the

5

Office and covered programs and agencies for

6

the current fiscal year, which shall include—

7

(i) an outline of planned funding

8

transfers and grants to be made from the

9

Fund during the current fiscal year; and

10

(ii) a summary of public comments on

11

such funding priorities received under

12

paragraph (7); and

13

(9) not later than May 1 of each year, appear

14

before the Committee on the Judiciary of the Senate

15

and the Committee on the Judiciary of the House of

16

Representatives to discuss the enforcement and pro-

17

tection strategy, including any updates.

18

(d) NOTICE

19
20

AND

OF

CHANGES

BY

COVERED PROGRAMS

AGENCIES.—
(1) IN

GENERAL.—The

head of each covered

21

program or agency shall notify the Director in writ-

22

ing of any proposed policy change relating to—

23
24

(A) the prevention, investigation, or prosecution of child sexual exploitation;

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2

(B) the treatment of victims of child sexual
exploitation; or

3

(C) other activities relating to addressing

4

child sexual exploitation.

5

(2) RESPONSE.—The Director shall respond

6

promptly to any notice under paragraph (1), which

7

shall include the determination of the Director re-

8

garding whether the proposed policy change is con-

9

sistent with the enforcement and protection strategy.

10

SEC. 4. INCREASED FUNDING, TREATMENT, AND SUPPORT

11

FOR VICTIMS OF CHILD SEXUAL EXPLOI-

12

TATION AND PROGRAMS AND SERVICES TO

13

PREVENT CHILD SEXUAL EXPLOITATION.

14

(a) PROGRAMS.—

15

(1) IN

GENERAL.—For

each of fiscal years

16

2021 through 2030, the Director shall make the fol-

17

lowing transfers from the Fund:

18

(A) UNITED

STATES

ATTORNEYS

OF-

19

FICES.—To

20

$100,000,000 for child sexual exploitation pros-

21

ecutions by offices of the United States attor-

22

ney.

23

the

(B) CHILD

Department

of

Justice,

EXPLOITATION AND OBSCENITY

24

SECTION.—To

25

sums as are necessary to ensure that there are

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not fewer than 120 prosecutors and agents em-

2

ployed in the Child Exploitation and Obscenity

3

Section of the Criminal Division.

4

(C) FEDERAL

BUREAU

OF

INVESTIGA-

5

TION.—To

6

such sums as are necessary to ensure that the

7

total number of case agents and investigators

8

employed in the Innocent Images National Ini-

9

tiative, the Crimes Against Children Unit, Child

10

Abduction Rapid Deployment Teams, and the

11

Child Exploitation and Human Trafficking

12

Task Forces of the Federal Bureau of Inves-

13

tigation is not less than 100 more than the

14

total number of such case agents and investiga-

15

tors on the date of enactment of this Act.

16

the Federal Bureau of Investigation,

(D) NATIONAL

CENTER FOR MISSING AND

17

EXPLOITED CHILDREN.—To

18

Justice, $15,000,000 for a grant by the Office

19

of Juvenile Justice and Delinquency Prevention

20

to the National Center for Missing and Ex-

21

ploited Children to—

the Department of

22

(i) ensure that the total number of

23

analysts, engineers, and other employees at

24

the National Center for Missing and Ex-

25

ploited Children supporting, evaluating,

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and processing child sexual abuse material

2

tips from technology companies is not less

3

than 65 more than the number of such an-

4

alysts, engineers, and other employees on

5

the date of enactment of this Act; and

6

(ii) upgrade and maintain technology

7

infrastructure and methods.

8

(E) INTERNET

CRIMES AGAINST CHILDREN

9

TASK FORCES.—To

the Department of Justice,

10

$60,000,000 for grants to States for activities

11

relating to Internet Crimes Against Children

12

Task Forces.

13

(F) NATIONAL

CRIMINAL JUSTICE TRAIN-

14

ING CENTER.—To

15

$5,000,000 for a grant to the National Crimi-

16

nal Justice Training Center.

17

the Department of Justice,

(G) CHILDREN’S

ADVOCACY PROGRAMS.—

18

To the agency head designated under section

19

201(b) of the Juvenile Justice and Delinquency

20

Prevention Act of 1974 (34 U.S.C. 11111(b)),

21

$27,000,000 for grants to local children’s advo-

22

cacy centers under section 214 of the Victims

23

of Child Abuse Act of 1990 (34 U.S.C. 20304).

24
25

(H) STREET

OUTREACH

PROGRAM.—To

the Department of Health and Human Services,

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$16,000,000 for the Street Outreach Program

2

of the Family and Youth Services Bureau.

3
4
5

(b) GRANTS
GRAMS, AND

AND

TRANSFERS

TO

AGENCIES, PRO-

SERVICES.—

(1) IN

GENERAL.—Using

amounts in the Fund,

6

the Director may make grants and transfer funds to

7

Executive agencies for treatment and support for

8

victims of child sexual exploitation and evidence-

9

based programs and services to prevent child sexual

10
11
12

exploitation.
(2) INCLUDED

SERVICES AND PROGRAMS.—In

carrying out paragraph (1), the Director may—

13

(A) transfer funds to the Street Outreach

14

Program of the Department of Health and

15

Human Services;

16

(B) make grants to local governments and

17

Indian Tribes for hiring mental health services

18

providers, including school-based mental health

19

services providers to work at public elementary

20

schools and secondary schools;

21

(C) make grants to non-Federal entities or

22

transfer funds to Executive agencies to provide

23

training to mental health services providers, in-

24

cluding school-based mental health services pro-

25

viders to detect cases of child sexual exploi-

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tation and to treat victims of child sexual ex-

2

ploitation;

3

(D) transfer funds to the Internet Crimes

4

Against Children Task Force program, the Vic-

5

tim Identification program, and the Child Ex-

6

ploitation Investigations Unit of U.S. Immigra-

7

tion and Customs Enforcement;

8
9

(E) make grants to the National Center
for Missing and Exploited Children;

10

(F) make grants to non-Federal entities or

11

transfer funds to Executive agencies to provide

12

community education relating to the detection,

13

prevention, and treatment of victims of child

14

sexual exploitation;

15

(G) make grants to non-Federal entities or

16

transfer funds to Executive agencies to provide

17

information and training to individuals and or-

18

ganizations providing assistance to victims of

19

child sexual exploitation;

20

(H) transfer funds to the agency head des-

21

ignated under section 201(b) of the Juvenile

22

Justice and Delinquency Prevention Act of

23

1974 (34 U.S.C. 11111(b)) for grants to local

24

children’s advocacy centers under section 214 of

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the Victims of Child Abuse Act of 1990 (34

2

U.S.C. 20304);

3

(I) transfer funds to the Innocent Images

4

National Initiative, the Crimes Against Children

5

Unit, the Child Abduction Rapid Deployment

6

Teams, and the Child Exploitation and Human

7

Trafficking Task Forces of the Federal Bureau

8

of Investigation;

9

(J) transfer funds to the Child Exploi-

10

tation and Obscenity Section of the Criminal

11

Division of the Department of Justice;

12

(K) make grants to nonprofit private agen-

13

cies for the purpose of providing street-based

14

services to runaway and homeless, and street

15

youth, who have been subjected to, or are at

16

risk of being subjected to, sexual abuse, pros-

17

titution, sexual exploitation, severe forms of

18

trafficking in persons (as defined in section

19

103(11) of the Trafficking Victims Protection

20

Act of 2000 (22 U.S.C. 7102(11))), or sex traf-

21

ficking (as defined in section 103(12) of the

22

Trafficking Victims Protection Act of 2000 (22

23

U.S.C. 7102(12)));

24
25

(L) make grants to the National Criminal
Justice Training Center; and

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(M) make grants or transfer funds to any

2

other covered program or agency for programs

3

or activities directed at addressing child sexual

4

exploitation.

5

(c) FUNDING.—

6

(1) IN

GENERAL.—There

is established in the

7

Treasury a fund to be known as the ‘‘Child Sexual

8

Exploitation Treatment, Support, and Prevention

9

Fund’’, consisting of amounts transferred under

10

paragraph (2).

11

(2) TRANSFER.—The Secretary of the Treasury

12

shall transfer to the Fund, from the general fund of

13

the Treasury, $5,000,000,000 for fiscal year 2021,

14

to remain available through September 30, 2030.

15

(3) USE

16

OF FUNDS.—

(A) IN

GENERAL.—The

Director may use

17

amounts in the Fund, without further appro-

18

priation, to carry out this section.

19

(B)

SUPPLEMENT

NOT

SUPPLANT.—

20

Amounts made available to agencies, programs,

21

and services from the Fund shall supplement,

22

but not supplant, regular appropriations for

23

such agencies, programs, and services.

24

(4) CUSTOMS

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(A) IN

GENERAL.—Section

13031(j)(3) of

2

the Consolidated Omnibus Budget Reconcili-

3

ation Act of 1985 (19 U.S.C. 58c(j)(3)) is

4

amended—

5

(i) in subparagraph (A), by striking

6

‘‘September 30, 2029’’ and inserting ‘‘Au-

7

gust 4, 2030’’; and

8

(ii) in subparagraph (B)(i), by strik-

9

ing ‘‘September 30, 2029’’ and inserting

10

‘‘August 4, 2030’’.

11

(B) RATE

FOR MERCHANDISE PROCESSING

12

FEES.—Section

13

Free Trade Agreement Implementation Act

14

(Public Law 112–41; 19 U.S.C. 3805 note) is

15

amended in the matter preceding paragraph (1)

16

by striking ‘‘September 30, 2029’’ and inserting

17

‘‘August 4, 2030’’.

18
19

503 of the United States–Korea

SEC. 5. EVALUATION OF PREVENTION PROGRAMS.

The Director, in coordination with the Director of the

20 National Institute of Justice, shall enter into an agree21 ment with the Deputy Assistant Secretary for Planning,
22 Research, and Evaluation of the Department of Health
23 and Human Services under which the Deputy Assistant
24 Secretary shall conduct a study and, not later than 6 years

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1 after the date of enactment of this Act, publicly issue a
2 report—
3

(1) identifying risk factors that may make cer-

4

tain individuals more vulnerable to child sexual ex-

5

ploitation;

6

(2) identifying the programs with the greatest

7

potential for preventing child sexual exploitation;

8

and

9

(3) evaluating promising programs being devel-

10

oped in the field of child sexual exploitation preven-

11

tion.

12
13

SEC. 6. GAO STUDY.

The Comptroller General of the United States, in

14 consultation with the Director, shall study and publicly
15 issue a report documenting all Federal funding (including
16 grants to States, local governments, Indian Tribes, non17 profit entities, and other entities) for the prevention, de18 tection, enforcement, and treatment of child sexual exploi19 tation, which shall separately report on activities relating
20 to child sexual abuse material.
21
22

SEC. 7. MODERNIZING THE CYBERTIPLINE.

Chapter 110 of title 18, United States Code, is

23 amended—
24

(1) in section 2258A—

25

(A) in subsection (a)—

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(i) in paragraph (1)(B)(ii), by insert-

2

ing after ‘‘facts or circumstances’’ the fol-

3

lowing: ‘‘, including any available facts or

4

circumstances sufficient to identify and lo-

5

cate each involved individual,’’; and

6

(ii) in paragraph (2)(A)—

7

(I) by inserting ‘‘1591 (if the vio-

8

lation involves a minor),’’ before

9

‘‘2251,’’; and

10

(II) by striking ‘‘or 2260’’ and

11

inserting ‘‘2260, or 2422(b)’’;

12

(B) in subsection (b)—

13

(i) in paragraph (1)—

14

(I) by inserting ‘‘or location’’

15

after ‘‘identity’’; and

16

(II) by striking ‘‘other identifying

17

information,’’ and inserting ‘‘other in-

18

formation which may identify or lo-

19

cate the involved individual,’’; and

20

(ii) by adding at the end the fol-

21
22

lowing:
‘‘(6) FORMATTING

OF REPORTS.—When

in its

23

discretion a provider voluntarily includes any content

24

described in this subsection in a report to the

25

CyberTipline, the provider shall use best efforts to

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ensure that the report conforms with the structure

2

of the CyberTipline.’’;

3

(C) in subsection (d)(5)(B)—

4

(i) in clause (i), by striking ‘‘for-

5

warded’’ and inserting ‘‘made available’’;

6

and

7

(ii) in clause (ii), by striking ‘‘for-

8

warded’’ and inserting ‘‘made available’’;

9

and

10

(D) in subsection (h)—

11

(i) in paragraph (1), by striking ‘‘90

12

days’’ and inserting ‘‘180 days’’; and

13

(ii) by adding at the end the fol-

14

lowing:

15

‘‘(5) EXTENSION

OF PRESERVATION.—A

pro-

16

vider of a report to the CyberTipline may voluntarily

17

preserve the contents provided in the report (includ-

18

ing any commingled content described in paragraph

19

(2)) for longer than 180 days after the submission

20

to the CyberTipline for the purpose of reducing the

21

proliferation of online child sexual exploitation or

22

preventing the online sexual exploitation of children.

23

‘‘(6) METHOD

OF PRESERVATION.—A

provider

24

of a report to the CyberTipline shall preserve mate-

25

rial under this subsection in a manner that complies

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with the cybersecurity standards for the protection

2

of data under the cybersecurity framework estab-

3

lished by the National Institute of Standards and

4

Technology.’’; and

5

(2) in section 2258C—

6

(A) in the section heading, by striking
CyberTipline’’

7

‘‘the

8

‘‘NCMEC’’;

9

inserting

(B) in subsection (a)—

10

(i) in paragraph (1)—

11

(I) by striking ‘‘NCMEC’’ and

12

inserting the following:

13
14

and

‘‘(A)

PROVISION

PROVIDERS.—

TO

NCMEC’’;

15

(II) in subparagraph (A), as so

16

designated, by inserting ‘‘or submis-

17

sion to the child victim identification

18

program

19

404(b)(1)(K)(ii) of the Juvenile Jus-

20

tice and Delinquency Prevention Act

21

of

22

11293(b)(1)(K)(ii))’’

23

‘‘CyberTipline report’’; and

24

described

1974

in

(34

section

U.S.C.
after

(III) by adding at the end the

25

following:

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‘‘(B) PROVISION

TO

NON-PROFIT

ENTI-

2

TIES.—NCMEC

3

similar technical identifiers associated with vis-

4

ual depictions provided in a CyberTipline report

5

or submission to the child victim identification

6

program described in section 404(b)(1)(K)(ii)

7

of the Juvenile Justice and Delinquency Pre-

8

vention

9

11293(b)(1)(K)(ii)) to a non-profit entity for

10

the sole and exclusive purpose of preventing

11

and curtailing the online sexual exploitation of

12

children.’’; and

13

Act

may provide hash values or

of

1974

(34

U.S.C.

(ii) in paragraph (2)—

14

(I) by inserting ‘‘(A)’’ after

15

‘‘(1)’’;

16

(II) by inserting ‘‘or submission

17

to the child victim identification pro-

18

gram

19

404(b)(1)(K)(ii) of the Juvenile Jus-

20

tice and Delinquency Prevention Act

21

of

22

11293(b)(1)(K)(ii))’’

23

‘‘CyberTipline report’’; and

described

1974

in

(34

section

U.S.C.
after

24

(III) by adding at the end the

25

following: ‘‘The elements authorized

KRX 1W 7JP

 HEN20397

S.L.C.

23
1

under paragraph (1)(B) shall be lim-

2

ited to hash values or similar tech-

3

nical identifiers associated with visual

4

depictions provided in a CyberTipline

5

report or submission to the child vic-

6

tim identification program described

7

in section 404(b)(1)(K)(ii) of the Ju-

8

venile Justice and Delinquency Pre-

9

vention Act of 1974 (34 U.S.C.

10

11293(b)(1)(K)(ii)).’’; and

11

(C) in subsection (d), by inserting ‘‘or to

12

the child victim identification program de-

13

scribed in section 404(b)(1)(K)(ii) of the Juve-

14

nile Justice and Delinquency Prevention Act of

15

1974 (34 U.S.C. 11293(b)(1)(K)(ii))’’ after

16

‘‘CyberTipline’’.

KRX 1W 7JP