[Congressional Record Volume 161, Number 44 (Monday, March 16, 2015)]
[Senate]
[Pages S1548-S1549]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 309. Mr. GRASSLEY submitted an amendment intended to be proposed
by him to the bill S. 178, to provide justice for the victims of
trafficking; which was ordered to lie on the table; as follows:
Beginning on page 101, strike line 1 and all the follows
through page 112, line 24 and insert the following:
SEC. 302. HERO ACT.
(a) Findings.--Congress finds the following:
(1) The illegal market for the production and distribution
of child abuse imagery is a growing threat to children in the
United States. International demand for this material creates
a powerful incentive for the rape, abuse, and torture of
children within the United States.
(2) The targeting of United States children by
transnational criminal networks is a threat to the homeland
security of the United States. This threat must be fought
with trained personnel and highly specialized counter-child-
exploitation strategies and technologies.
(3) The United States Immigration and Customs Enforcement
of the Department of Homeland Security serves a critical
national security role in protecting the United States from
the growing international threat of child exploitation and
human trafficking.
(4) The Cyber Crimes Center of the United States
Immigration and Customs Enforcement is a vital national
resource in the effort to combat international child
exploitation, providing advanced expertise and assistance in
investigations, computer forensics, and victim
identification.
(5) The returning military heroes of the United States
possess unique and valuable skills that can assist law
enforcement in combating global sexual and child
exploitation, and the Department of Homeland Security should
use this national resource to the maximum extent possible.
(6) Through the Human Exploitation Rescue Operative (HERO)
Child Rescue Corps program, the returning military heroes of
the United States are trained and hired to investigate crimes
of child exploitation in order to target predators and rescue
children from sexual abuse and slavery.
(b) Cyber Crimes Center, Child Exploitation Investigations
Unit, and Computer Forensics Unit.--
(1) In general.--Subtitle H of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by
adding at the end the following:
``SEC. 890A. CYBER CRIMES CENTER, CHILD EXPLOITATION
INVESTIGATIONS UNIT, COMPUTER FORENSICS UNIT,
AND CYBER CRIMES UNIT.
``(a) Cyber Crimes Center.--
``(1) In general.--The Secretary may operate, within United
States Immigration and Customs Enforcement, a Cyber Crimes
Center (referred to in this section as the `Center').
``(2) Purpose.--The purpose of the Center shall be to
provide investigative assistance, training, and equipment to
support United States Immigration and Customs Enforcement's
domestic and international investigations of cyber-related
crimes.
``(b) Child Exploitation Investigations Unit.--
``(1) In general.--The Secretary may operate, within the
Center, a Child Exploitation Investigations Unit (referred to
in this subsection as the `CEIU').
``(2) Functions.--The CEIU--
``(A) shall coordinate all United States Immigration and
Customs Enforcement child exploitation initiatives, including
investigations into--
``(i) child exploitation;
``(ii) child pornography;
``(iii) child victim identification;
``(iv) traveling child sex offenders; and
``(v) forced child labor, including the sexual exploitation
of minors;
``(B) shall, among other things, focus on--
``(i) child exploitation prevention;
``(ii) investigative capacity building;
``(iii) enforcement operations; and
``(iv) training for Federal, State, local, tribal, and
foreign law enforcement agency personnel, upon request and
subject to the availability of funds;
``(C) may provide training, technical expertise, support,
or coordination of child exploitation investigations, as
needed, to cooperating law enforcement agencies and
personnel;
``(D) shall provide psychological support and counseling
services for United States Immigration and Customs
Enforcement personnel engaged in child exploitation
prevention initiatives, including making available other
existing services to assist employees who are exposed to
child exploitation material during investigations;
``(E) is authorized to collaborate with the Department of
Defense and the National Association to Protect Children for
the purpose of the recruiting, training, equipping and hiring
of wounded, ill, and injured veterans and transitioning
service members, through the Human Exploitation Rescue
Operative (HERO) Child Rescue Corps program; and
``(F) shall collaborate with other governmental,
nongovernmental, and nonprofit entities approved by the
Secretary for the sponsorship of, and participation in,
outreach and training activities.
``(3) Data collection.--The CEIU shall collect and maintain
data concerning--
``(A) the total number of suspects identified by United
States Immigration and Customs Enforcement;
``(B) the number of arrests by United States Immigration
and Customs Enforcement, disaggregated by type, including--
``(i) the number of victims identified through
investigations carried out by United States Immigration and
Customs Enforcement; and
``(ii) the number of suspects arrested who were in
positions of trust or authority over children;
``(C) the number of cases opened for investigation by
United States Immigration and Customs Enforcement; and
``(D) the number of cases resulting in a Federal, State,
foreign, or military prosecution.
``(4) Availability of data to congress.--In addition to
submitting the reports required under paragraph (7), the CEIU
shall make the data collected and maintained under paragraph
(3) available to the committees of Congress described in
paragraph (7).
``(5) Cooperative agreements.--The CEIU is authorized to
enter into cooperative agreements to accomplish the functions
set forth in paragraphs (2) and (3).
``(6) Acceptance of gifts.--
``(A) In general.--The Secretary is authorized to accept
monies and in-kind donations from the Virtual Global
Taskforce, national laboratories, Federal agencies, not-for-
profit organizations, and educational institutions to create
and expand public awareness campaigns in support of the
functions of the CEIU.
``(B) Exemption from federal acquisition regulation.--Gifts
authorized under subparagraph (A) shall not be subject to the
Federal Acquisition Regulation for competition when the
services provided by the entities referred to in such
subparagraph are donated or of minimal cost to the
Department.
``(7) Reports.--Not later than 1 year after the date of the
enactment of the HERO Act of 2015, and annually for the
following 4 years, the CEIU shall--
``(A) submit a report containing a summary of the data
collected pursuant to paragraph (3) during the previous year
to--
``(i) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(ii) the Committee on the Judiciary of the Senate;
[[Page S1549]]
``(iii) the Committee on Appropriations of the Senate;
``(iv) the Committee on Homeland Security of the House of
Representatives;
``(v) the Committee on the Judiciary of the House of
Representatives; and
``(vi) the Committee on Appropriations of the House of
Representatives; and
``(B) make, to the extent feasible, a copy of each report
submitted under subparagraph (A) publicly available on the
website of the Department.
``(c) Computer Forensics Unit.--
``(1) In general.--The Secretary may operate, within the
Center, a Computer Forensics Unit (referred to in this
subsection as the `CFU').
``(2) Functions.--The CFU--
``(A) shall provide training and technical support in
digital forensics to--
``(i) United States Immigration and Customs Enforcement
personnel; and
``(ii) Federal, State, local, tribal, military, and foreign
law enforcement agency personnel engaged in the investigation
of crimes within their respective jurisdictions, upon request
and subject to the availability of funds;
``(B) shall provide computer hardware, software, and
forensic licenses for all computer forensics personnel within
United States Immigration and Customs Enforcement;
``(C) shall participate in research and development in the
area of digital forensics, in coordination with appropriate
components of the Department; and
``(D) is authorized to collaborate with the Department of
Defense and the National Association to Protect Children for
the purpose of recruiting, training, equipping, and hiring
wounded, ill, and injured veterans and transitioning service
members, through the Human Exploitation Rescue Operative
(HERO) Child Rescue Corps program.
``(3) Cooperative agreements.--The CFU is authorized to
enter into cooperative agreements to accomplish the functions
set forth in paragraph (2).
``(4) Acceptance of gifts.--
``(A) In general.--The Secretary is authorized to accept
monies and in-kind donations from the Virtual Global Task
Force, national laboratories, Federal agencies, not-for-
profit organizations, and educational institutions to create
and expand public awareness campaigns in support of the
functions of the CFU.
``(B) Exemption from federal acquisition regulation.--Gifts
authorized under subparagraph (A) shall not be subject to the
Federal Acquisition Regulation for competition when the
services provided by the entities referred to in such
subparagraph are donated or of minimal cost to the
Department.
``(d) Cyber Crimes Unit.--
``(1) In general.--The Secretary may operate, within the
Center, a Cyber Crimes Unit (referred to in this subsection
as the `CCU').
``(2) Functions.--The CCU--
``(A) shall oversee the cyber security strategy and cyber-
related operations and programs for United States Immigration
and Customs Enforcement;
``(B) shall enhance United States Immigration and Customs
Enforcement's ability to combat criminal enterprises
operating on or through the Internet, with specific focus in
the areas of--
``(i) cyber economic crime;
``(ii) digital theft of intellectual property;
``(iii) illicit e-commerce (including hidden marketplaces);
``(iv) Internet-facilitated proliferation of arms and
strategic technology; and
``(v) cyber-enabled smuggling and money laundering;
``(C) shall provide training and technical support in cyber
investigations to--
``(i) United States Immigration and Customs Enforcement
personnel; and
``(ii) Federal, State, local, tribal, military, and foreign
law enforcement agency personnel engaged in the investigation
of crimes within their respective jurisdictions, upon request
and subject to the availability of funds;
``(D) shall participate in research and development in the
area of cyber investigations, in coordination with
appropriate components of the Department; and
``(E) is authorized to recruit participants of the Human
Exploitation Rescue Operative (HERO) Child Rescue Corps
program for investigative and forensic positions in support
of the functions of the CCU.
``(3) Cooperative agreements.--The CCU is authorized to
enter into cooperative agreements to accomplish the functions
set forth in paragraph (2).''.
(2) Table of contents amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C.
101 note) is amended by adding after the item relating to
section 890 the following:
``Sec. 890A. Cyber crimes center, child exploitation investigations
unit, computer forensics unit, and cyber crimes unit.''.
(c) HERO Corps Hiring.--It is the sense of Congress that
Homeland Security Investigations of the United States
Immigration and Customs Enforcement should, to the maximum
extent possible, hire, recruit, train, and equip wounded,
ill, or injured military veterans (as defined in section 101,
title 38, United States Code) who are affiliated with the
HERO Child Rescue Corps program for investigative, analyst,
and forensic positions.
(d) Investigating Child Exploitation.--Section 307(b)(3) of
the Homeland Security Act of 2002 (6 U.S.C. 187(b)(3)) is
amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) conduct research and development for the purpose of
advancing technology for the investigation of child
exploitation crimes, including child victim identification,
trafficking in persons, and child pornography, and for
advanced forensics.''.
TITLE IV--COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT
SEC. 401. BUDGET COMPLIANCE.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the Senate Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
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