ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

6 U.S.C. § 473Cyber Crimes Center, Child Exploitation Investigations Unit, Computer Forensics Unit, and Cyber Crimes Unit

submitted 11 years ago by Pub. L. 107-296 to r/title-6-DOMESTIC-SECURITY · 1,926 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law sets up a Cyber Crimes Center inside Homeland Security's investigation branch. The Center runs units for child exploitation, computer forensics, and cyber crime. It also creates the HERO Child-Rescue Corps for veterans who fight child exploitation.

(a) Cyber Crimes Center -- (1) In general -- The Secretary must run a Cyber Crimes Center ("the Center") inside Homeland Security Investigations, part of U.S. Immigration and Customs Enforcement. (2) Purpose -- The Center gives investigative help, training, and equipment to support cyber-crime investigations at home and abroad. (b) Child Exploitation Investigations Unit -- (1) In general -- The Secretary must run a Child Exploitation Investigations Unit ("CEIU") inside the Center. (2) Functions -- The CEIU must (A) coordinate all of Immigration and Customs Enforcement's child exploitation work, including investigations into (i) child exploitation, (ii) child pornography, (iii) identifying child victims, (iv) offenders who travel to abuse children, and (v) forced child labor, including sexual exploitation; (B) focus on (i) preventing child exploitation, (ii) building investigative skills, (iii) enforcement operations, and (iv) training law enforcement at every level, on request; (C) provide training, expertise, and support to other agencies, including joining trainings run by Internet Crimes Against Children Task Forces; (D) offer psychological support and counseling to Immigration and Customs Enforcement staff who work on child exploitation cases, including connecting them to existing services; (E) may work with the Department of Defense and the National Association to Protect Children to recruit, train, equip, and hire wounded or injured veterans and transitioning service members through the HERO Child Rescue Corps program; and (F) must work with other government, nonprofit, and non-government groups the Secretary approves, for outreach and training. (3) Data collection -- The CEIU must track (A) the total number of suspects Immigration and Customs Enforcement identifies; (B) the number of arrests, broken down by type, including (i) child victims identified and (ii) suspects who held positions of trust or authority over children; (C) the number of child exploitation cases opened; and (D) the number of those cases that led to federal, state, foreign, or military prosecution. (4) Availability of data to Congress -- Besides the reports required under paragraph (7), the CEIU must give this data to the congressional committees named there. (5) Cooperative agreements -- The CEIU may make agreements with others to carry out paragraphs (2) and (3). (6) Acceptance of gifts -- (A) In general -- The Secretary may accept money and in-kind gifts from the Virtual Global Taskforce, national laboratories, federal agencies, nonprofits, and schools to fund public awareness campaigns for the CEIU. (B) Exemption from Federal Acquisition Regulation -- These gifts don't have to go through normal competitive-bidding rules when the giver's services are free or low-cost to the Department. (7) Reports -- Starting within one year of May 29, 2015, and every year for four more years, the CEIU must (A) send a summary of its data from paragraph (3) to six named congressional committees (Senate Homeland Security, Senate Judiciary, Senate Appropriations, House Homeland Security, House Judiciary, and House Appropriations), and (B) post each report on the Department's website. (c) Computer Forensics Unit -- (1) In general -- The Secretary must run a Computer Forensics Unit ("CFU") inside the Center. (2) Functions -- The CFU must (A) train and support Immigration and Customs Enforcement staff and other law enforcement agencies in digital forensics, and run the Digital Forensics and Document and Media Exploitation program; (B) supply computer hardware, software, and forensic licenses to all of the agency's computer forensics staff; (C) research digital forensics and new technologies with other parts of the Department; and (D) may work with the Department of Defense, the National Association to Protect Children, and other agencies to recruit and hire veterans through the HERO program. (3) Cooperative agreements -- The CFU may make agreements to carry out paragraph (2). (4) Acceptance of gifts -- Same rules as the CEIU's gift and Federal Acquisition Regulation exemption in subsection (b)(6), but for the CFU. (d) Cyber Crimes Unit -- (1) In general -- The Secretary must run a Cyber Crimes Unit ("CCU") inside the Center. (2) Functions -- The CCU must (A) oversee cybersecurity strategy and cyber operations for Immigration and Customs Enforcement; (B) improve the agency's ability to fight online criminal networks, focusing on (i) cyber economic crime, (ii) stealing intellectual property digitally, (iii) illegal online marketplaces, including hidden ones, (iv) internet-based arms and technology trafficking, and (v) cyber-enabled smuggling and money laundering; (C) train and support cyber investigations for Immigration and Customs Enforcement staff and other agencies; (D) research cyber investigation methods with the Department; and (E) may recruit HERO Child-Rescue Corps participants for investigative and forensic jobs. (3) Cooperative agreements -- The CCU may make agreements to carry out paragraph (2). (e) HERO Child-Rescue Corps -- (1) Establishment -- (A) In general -- The Center runs a department-wide Human Exploitation Rescue Operation Child-Rescue Corps Program, working with the Department of Defense and the National Association to Protect Children. (B) Private sector collaboration -- The National Association to Protect Children provides logistical support to the program's participants. (2) Purpose -- The program recruits, trains, equips, and employs active-duty service members and wounded or injured veterans to fight child exploitation, in jobs like investigation, intelligence, analysis, inspection, and forensics, or other suitable roles. (3) Functions -- The program must (A) recruit, train, and equip participants in digital forensics, investigation, analysis, intelligence, and victim identification, based on the Center's and Department's needs; and (B) make sure participants, during their internship, investigate and analyze (i) child exploitation, (ii) child pornography, (iii) unidentified child victims, (iv) human trafficking, (v) offenders who travel to abuse children, and (vi) forced child labor, including sexual exploitation. (f) Paid internship and hiring program -- (1) In general -- The Secretary must create a paid internship and hiring program to place HERO program participants into paid internships, aiming to later hire them permanently, under guidelines set in paragraph (3). (2) Internship positions -- The Secretary assigns or details participants to jobs within Immigration and Customs Enforcement or other federal agencies, following those guidelines. (3) Placement -- (A) In general -- The Secretary must write guidelines for assigning participants to jobs, including internship duties and agreements about later permanent hiring. (B) Preference -- Homeland Security Investigations gets priority for these placements. (4) Term of internship -- An internship can last up to 12 months. (5) Rate and term of pay -- After finishing initial training and starting at an assigned office, a participant who isn't already receiving active-duty military pay must be paid (A) at least the minimum pay for a GS-5 federal position, and (B) no more than the maximum pay for a GS-7 position. (6) Eligibility -- Eligibility for the internship program must match eligibility for the HERO Child-Rescue Corps Program itself. (7) Hero Corps hiring -- The Secretary must create new positions within Homeland Security Investigations -- on top of any that already existed as of December 21, 2019 -- to permanently hire graduates of the internship program. (g) Authorization of appropriations -- (1) In general -- Congress may appropriate whatever money the Secretary needs to carry out this section. (2) Allocation -- For each fiscal year from 2022 through 2027, the Secretary may spend no more than $10,000,000 of that money on subsection (e) (the HERO program), and must spend at least $2,000,000 on subsection (f) (the internship and hiring program).
the actual law source: uscode.house.gov ↗public domain
(a) Cyber Crimes Center
(1) In general

The Secretary shall operate, within United States Immigration and Customs Enforcement, Homeland Security Investigations, a Cyber Crimes Center (referred to in this section as the “Center”).

(2) Purpose

The Center shall provide investigative assistance, training, and equipment to support domestic and international investigations of cyber-related crimes by the Department.

(b) Child Exploitation Investigations Unit
(1) In general

The Secretary shall 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;

(C)

shall provide training, technical expertise, support, or coordination of child exploitation investigations, as needed, to cooperating law enforcement agencies and personnel, which shall include participating in training for Homeland Security Investigations personnel conducted by Internet Crimes Against Children Task Forces;

(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 1; 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 in child exploitation investigations, disaggregated by type, including—

(i)

the number of child 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 child exploitation cases opened for investigation by United States Immigration and Customs Enforcement; and

(D)

the number of child exploitation 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 May 29, 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;

(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 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 shall 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 and administer the Digital Forensics and Document and Media Exploitation program 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 and emerging technologies, in coordination with appropriate components of the Department; and

(D)

is authorized to collaborate with the Department of Defense, the National Association to Protect Children, and other governmental entities 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 1.

(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 shall 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 1 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).

(e) HERO Child-Rescue Corps 2
(1) Establishment
(A) In general

There is established within the Center a Human Exploitation Rescue Operation 3 Child-Rescue Corps Program (referred to in this section as the “HERO Child-Rescue Corps Program”), which shall be a Department-wide program, in collaboration with the Department of Defense and the National Association to Protect Children.

(B) Private sector collaboration

As part of the HERO Child-Rescue Corps Program, the National Association to Protect Children shall provide logistical support for program participants.

(2) Purpose

The purpose of the HERO Child-Rescue Corps Program shall be to recruit, train, equip, and employ members of the Armed Forces on active duty and wounded, ill, and injured veterans to combat and prevent child exploitation, including in investigative, intelligence, analyst, inspection, and forensic positions or any other positions determined appropriate by the employing agency.

(3) Functions

The HERO Child-Rescue Program shall—

(A)

provide, recruit, train, and equip participants of the Program in the areas of digital forensics, investigation, analysis, intelligence, and victim identification, as determined by the Center and the needs of the Department; and

(B)

ensure that during the internship period, participants of the Program are assigned to investigate and analyze—

(i)

child exploitation;

(ii)

child pornography;

(iii)

unidentified child victims;

(iv)

human trafficking;

(v)

traveling child sex offenders; and

(vi)

forced child labor, including the sexual exploitation of minors.

(f) Paid internship and hiring program
(1) In general

The Secretary shall establish a paid internship and hiring program for the purpose of placing participants of the HERO Child-Rescue Corps Program (in this subsection referred to as “participants”) into paid internship positions, for the subsequent appointment of the participants to permanent positions, as described in the guidelines promulgated under paragraph (3).

(2) Internship positions

Under the paid internship and hiring program required to be established under paragraph (1), the Secretary shall assign or detail participants to positions within United States Immigration and Customs Enforcement or any other Federal agency in accordance with the guidelines promulgated under paragraph (3).

(3) Placement
(A) In general

The Secretary shall promulgate guidelines for assigning or detailing participants to positions within United States Immigration and Customs Enforcement and other Federal agencies, which shall include requirements for internship duties and agreements regarding the subsequent appointment of the participants to permanent positions.

(B) Preference

The Secretary shall give a preference to Homeland Security Investigations in assignments or details under the guidelines promulgated under subparagraph (A).

(4) Term of internship

An appointment to an internship position under this subsection shall be for a term not to exceed 12 months.

(5) Rate and term of pay

After completion of initial group training and upon beginning work at an assigned office, a participant appointed to an internship position under this subsection who is not receiving monthly basic pay as a member of the Armed Forces on active duty shall receive compensation at a rate that is—

(A)

not less than the minimum rate of basic pay payable for a position at level GS–5 of the General Schedule; and

(B)

not more than the maximum rate of basic pay payable for a position at level GS–7 of the General Schedule.

(6) Eligibility

In establishing the paid internship and hiring program required under paragraph (1), the Secretary shall ensure that the eligibility requirements for participation in the internship program are the same as the eligibility requirements for participation in the HERO Child-Rescue Corps Program.

(7) Hero Corps hiring

The Secretary shall establish within Homeland Security Investigations positions, which shall be in addition to any positions in existence on December 21, 2019, for the hiring and permanent employment of graduates of the paid internship program required to be established under paragraph (1).

(g) Authorization of appropriations
(1) In general

There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.

(2) Allocation

Of the amount made available pursuant to paragraph (1) in each of fiscal years 2022 through 2027, not more than $10,000,000 shall be used to carry out subsection (e) and not less than $2,000,000 shall be used to carry out subsection (f).

Source credit: (Pub. L. 107–296, title VIII, § 890A, as added Pub. L. 114–22, title III, § 302(b)(1), May 29, 2015, 129 Stat. 251; amended Pub. L. 115–392, § 23(a), (b), Dec. 21, 2018, 132 Stat. 5261, 5262; Pub. L. 117–347, title I, § 105(b), Jan. 5, 2023, 136 Stat. 6203.)

history & why it existsrecord from the source credit
  • 2015Enacted · Pub. L. 107-296 · 129 Stat. 251
  • 2018Amended · Pub. L. 115-392 · 132 Stat. 5261, 5262
  • 2023Amended · Pub. L. 117-347 · 136 Stat. 6203

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-296 on 2015-05-29.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case