H.R. 5224

Missing Children's Assistance Reauthorization Act of 2023

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I

118th CONGRESS

1st Session

H. R. 5224

IN THE HOUSE OF REPRESENTATIVES

August 18, 2023

Mr. Bean of Florida (for himself and Mr. Courtney) introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL

To reauthorize the Missing Children’s Assistance Act, and for other purposes.

1.

Short title

This Act may be cited as the Missing Children's Assistance Reauthorization Act of 2023.

2.

Missing Children's Assistance Act amendments

(a)

In general

(1)

Definitions

Section 403 of the Missing Children’s Assistance Act (34 U.S.C. 11292) is amended—

(A)

in paragraph (3), by striking and at the end;

(B)

in paragraph (4), by striking the period at the end and inserting a semicolon; and

(C)

by adding at the end the following:

(5)

the term child sexual abuse material has the meaning given the term child pornography in section 2256 of title 18, United States Code;

(6)

the term child sexual exploitation means the sexual victimization or abuse of a child;

(7)

the term sexting means sending and receiving messages containing sexually explicit, nude, or partially nude images by cell phone or messaging application;

(8)

the term sextortion—

(A)

means sexual exploitation in which coercion, a threat, or blackmail, is used to cause a child to—

(i)

provide child sexual abuse material; or

(ii)

agree to engage in sexual activity; and

(B)

may involve a threat to publicly disclose nude or sexual images of a child if the child does not comply with a demand to—

(i)

engage in conduct described in clause (i) or (ii) of subparagraph (A); or

(ii)

provide financial payment; and

(9)

the term sexually exploited child means a child who has been victimized by any form of sexual exploitation, including—

(A)

the live-streaming, production, distribution, or possession of child sexual abuse material;

(B)

enticement for sexual abuse;

(C)

sexual molestation or abuse;

(D)

sextortion; and

(E)

child sex trafficking.

.

(2)

Duties and functions of the Administrator

Section 404 of the Missing Children’s Assistance Act (34 U.S.C. 11293) is amended—

(A)

in subsection (a)(6)(E), by striking the tipline established and inserting the CyberTipline established; and

(B)

in subsection (b)(1)—

(i)

in subparagraph (A)—

(I)

in clause (i)—

(aa)

by striking hotline by which and inserting call center to which; and

(bb)

by striking individuals may report and all that follows and inserting “individuals may—

(I)

report child sexual exploitation and the location of any missing child; and

(II)

request information pertaining to procedures necessary to reunite such child with such child’s parent;

;

(II)

by redesignating clause (ii) as clause (iii); and

(III)

by inserting after clause (i) the following:

(ii)

manage the AMBER Alert Secondary Distribution Program; and

;

(ii)

in subparagraph (D), by striking with their families and inserting with their parents;

(iii)

in subparagraph (F), by striking to families and inserting to parents;

(iv)

by striking subparagraph (G) and inserting the following:

(G)

provide technical assistance and case-related resources, including—

(i)

referrals to—

(I)

child-serving professionals involved in helping to recover missing and exploited children; and

(II)

law enforcement officers in their efforts to identify, locate, and recover missing and exploited children; and

(ii)

searching public records databases and publicly accessible open source data to—

(I)

locate and identify potential abductors and offenders involved in attempted or actual abductions; and

(II)

identify, locate, and recover abducted children;

;

(v)

in subparagraph (H), by inserting on long-term missing child cases after techniques to assist;

(vi)

by striking subparagraph (I) and inserting the following:

(I)

provide education, technical assistance, and information to—

(i)

nongovernmental organizations with respect to procedures and resources to conduct background checks on individuals working with children; and

(ii)

law enforcement agencies with respect to identifying and locating noncompliant sex offenders;

;

(vii)

in subparagraph (J), by striking with their families and inserting with their parents;

(viii)

in subparagraph (K)—

(I)

in clause (i)—

(aa)

in the matter preceding subclause (I), by striking tipline and inserting CyberTipline;

(bb)

in subclause (I)—

(AA)

in item (aa), by striking child pornography and inserting child sexual abuse material; and

(BB)

in item (ee), by striking extra-familial; and

(cc)

in subclause (II)—

(AA)

by striking tipline and inserting CyberTipline; and

(BB)

by adding and at the end;

(II)

in clause (ii)—

(aa)

by striking child pornography and inserting child sexual abuse material;

(bb)

by inserting and after other sexual crimes; and

(cc)

by striking ; and at the end and inserting , including by providing information on legal remedies available to such victims;; and

(III)

by striking clause (iii);

(ix)

by redesignating subparagraphs (L) through (O) as subparagraphs (M) through (P), respectively;

(x)

by inserting after subparagraph (K) the following:

(L)

provide support services, consultation, and assistance to missing and sexually exploited children, parents, their families, and child-serving professionals on—

(i)

recovery support, including counseling recommendations and community support;

(ii)

family and peer support;

(iii)

the removal of child sexual abuse material and sexually exploitive content depicting children from the internet, including by facilitating requests to providers (as defined in section 2258E of title 18, United States Code) to remove visual depictions of victims that—

(I)

constitute or are associated with child sexual abuse material; or

(II)

do not constitute child sexual abuse material but are sexually suggestive;

;

(xi)

in subparagraph (M), as so redesignated—

(I)

in the matter preceding clause (i), by inserting educational before information to families;

(II)

in clause (i)—

(aa)

by striking child abduction and and inserting missing children and child; and

(bb)

by adding and at the end; and

(III)

by striking clauses (ii) and (iii) and inserting the following:

(ii)

internet safety, including tips and strategies to promote safety for children using technology (including social media) and reduce risk relating to—

(I)

cyberbullying;

(II)

child sex trafficking;

(III)

youth-produced child sexual abuse material or sexting;

(IV)

sextortion; and

(V)

online enticement;

;

(xii)

in subparagraph (N), as so redesignated, by inserting and preventing child sexual exploitation after recovering such children;

(xiii)

by striking subparagraph (O), as so redesignated, and inserting the following:

(O)

coordinate with and provide technical assistance to Federal, State, and local government agencies relating to cases of children missing from a State child welfare system and assist the efforts of law enforcement agencies and State child welfare agencies in—

(i)

coordinating to ensure the reporting, documentation, and resolution of cases involving children missing from a State child welfare system; and

(ii)

responding to foster children missing from a State child welfare system; and

; and

(xiv)

in subparagraph (P), as so redesignated, by inserting and recovery support services after technical assistance; and

(C)

in subsection (c)—

(i)

in paragraph (1) by striking and at the end;

(ii)

in paragraph (2) by striking the period at the end; and

(iii)

by adding at the end the following:

(3)

publish an analysis of the information determined under paragraph (1) that includes disaggregated demographic data and comparison of such data to demographic data from the census.

.

(3)

Reporting

Section 407 of the of the Missing Children's Assistance Act (34 U.S.C. 11295a) is amended—

(A)

in subsection (a)—

(i)

in paragraph (3) by striking and at the end;

(ii)

in paragraph (4) by striking the period at the end and inserting a semicolon,

(iii)

by inserting after paragraph (4) the following:

(5)

the number of children nationwide who are reported to the grantee as missing from State-sponsored care;

(6)

the number of children nationwide who are reported to the grantee as missing from State-sponsored care whose recovery was reported to the grantee; and

(7)

the number of children nationwide who are reported to the grantee as missing from State-sponsored care and are likely victims of child sex trafficking.

, and

(B)

by adding at end the following:

(c)

Criteria for forensic partnerships

As a condition of receiving funds under section 404(b), the grant recipient shall annually provide to the Administrator and make available to the general public, as appropriate, the criteria and processes the grantee uses to establish forensic partnerships and recommend forensic resources to law enforcement and shall annually review these forensic partnerships and forensic referrals against the criteria and review new advancements in technology.

.

(4)

Authorization of appropriations

Section 409(a) of the Missing Children’s Assistance Act (34 U.S.C. 11297(a)) is amended by striking $40,000,000 for each of the fiscal years 2014 through 2023, up to $32,200,000 and inserting $49,300,000 for each of fiscal years 2024 through 2028, up to $41,500,000.

(b)

Effective date

This Act, and the amendments made by this Act, shall take effect on October 1, 2023.