[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1170 Engrossed in Senate (ES)]
<DOC>
118th CONGRESS
1st Session
S. 1170
_______________________________________________________________________
AN ACT
To reauthorize and update the Project Safe Childhood program, 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 ``Project Safe Childhood Act''.
SEC. 2. PROJECT SAFE CHILDHOOD MODERNIZATION.
Section 143 of the Adam Walsh Child Protection and Safety Act of
2006 (34 U.S.C. 20942) is amended to read as follows:
``SEC. 143. PROJECT SAFE CHILDHOOD.
``(a) Definitions.--In this section:
``(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) Child sexual exploitation offense.--The term `child
sexual exploitation offense' means--
``(A)(i) an offense involving a minor under section
1591 or chapter 117 of title 18, United States Code;
``(ii) an offense under subsection (a), (b), or (c)
of section 2251 of title 18, United States Code;
``(iii) an offense under section 2251A or 2252A(g)
of title 18, United States Code; or
``(iv) any attempt or conspiracy to commit an
offense described in clause (i) or (ii); or
``(B) an offense involving a minor under a State or
Tribal statute that is similar to a provision described
in subparagraph (A).
``(3) Circle of trust offender.--The term `circle of trust
offender' means an offender who is related to, or in a position
of trust, authority, or supervisory control with respect to, a
child.
``(4) Computer.--The term `computer' has the meaning given
the term in section 1030 of title 18, United States Code.
``(5) Contact sexual offense.--The term `contact sexual
offense' means--
``(A) an offense involving a minor under chapter
109A of title 18, United States Code, or any attempt or
conspiracy to commit such an offense; or
``(B) an offense involving a minor under a State or
Tribal statute that is similar to a provision described
in subparagraph (A).
``(6) Dual offender.--The term `dual offender' means--
``(A) a person who commits--
``(i) a technology-facilitated child sexual
exploitation offense or an offense involving
child sexual abuse material; and
``(ii) a contact sexual offense; and
``(B) without regard to whether the offenses
described in clauses (i) and (ii) of subparagraph (A)--
``(i) are committed as part of the same
course of conduct; or
``(ii) involve the same victim.
``(7) Facilitator.--The term `facilitator' means an
individual who facilitates the commission by another individual
of--
``(A) a technology-facilitated child sexual
exploitation offense or an offense involving child
sexual abuse material; or
``(B) a contact sexual offense.
``(8) ICAC affiliate partner.--The term `ICAC affiliate
partner' means a law enforcement agency that has entered into a
formal operating agreement with the ICAC Task Force Program.
``(9) ICAC task force.--The term `ICAC task force' means a
task force that is part of the ICAC Task Force Program.
``(10) ICAC task force program.--The term `ICAC Task Force
Program' means the National Internet Crimes Against Children
Task Force Program established under section 102 of the PROTECT
Our Children Act of 2008 (34 U.S.C. 21112).
``(11) Offense involving child sexual abuse material.--The
term `offense involving child sexual abuse material' means--
``(A) an offense under section 2251(d), section
2252, or paragraphs (1) through (6) of section 2252A(a)
of title 18, United States Code, or any attempt or
conspiracy to commit such an offense; or
``(B) an offense under a State or Tribal statute
that is similar to a provision described in
subparagraph (A).
``(12) Serious offender.--The term `serious offender'
means--
``(A) an offender who has committed a contact
sexual offense or child sexual exploitation offense;
``(B) a dual offender, circle of trust offender, or
facilitator; or
``(C) an offender with a prior conviction for a
contact sexual offense, a child sexual exploitation
offense, or an offense involving child sexual abuse
material.
``(13) State.--The term `State' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
``(14) Technology-facilitated.--The term `technology-
facilitated', with respect to an offense, means an offense that
is committed through the use of a computer, even if the use of
a computer is not an element of the offense.
``(b) Establishment of Program.--The Attorney General shall create
and maintain a nationwide initiative to align Federal, State, and local
entities to combat the growing epidemic of online child sexual
exploitation and abuse, to be known as the `Project Safe Childhood
program', in accordance with this section.
``(c) Best Practices.--The Attorney General, in coordination with
the Child Exploitation and Obscenity Section of the Criminal Division
of the Department of Justice and the Office of Juvenile Justice and
Delinquency Prevention of the Department of Justice, and in
consultation with training and technical assistance providers under the
ICAC Task Force Program who are funded by the Attorney General and with
appropriate nongovernmental organizations, shall--
``(1) develop best practices to adopt a balanced approach
to the investigation of suspect leads involving contact sexual
offenses, child sexual exploitation offenses, and offenses
involving child sexual abuse material, and the prosecution of
those offenses, prioritizing when feasible the identification
of a child victim or a serious offender, which approach shall
incorporate the use of--
``(A) proactively generated leads, including leads
generated by current and emerging technology;
``(B) in-district investigative referrals; and
``(C) CyberTipline reports from the National Center
for Missing and Exploited Children;
``(2) develop best practices to be used by each United
States Attorney and ICAC task force to assess the likelihood
that an individual could be a serious offender or that a child
victim may be identified;
``(3) develop and implement a tracking and communication
system for Federal, State, and local law enforcement agencies
and prosecutor's offices to report successful cases of victim
identification and child rescue to the Department of Justice
and the public; and
``(4) encourage the submission of all lawfully seized
visual depictions to the Child Victim Identification Program of
the National Center for Missing and Exploited Children.
``(d) Implementation.--Except as authorized under subsection (e),
funds authorized under this section may only be used for the following
4 purposes:
``(1) Integrated Federal, State, and local efforts to
investigate and prosecute contact sexual offenses, child sexual
exploitation offenses, and offenses involving child sexual
abuse material, including--
``(A) the partnership by each United States
Attorney with each Internet Crimes Against Children
Task Force within the district of such attorney;
``(B) training of Federal, State, and local law
enforcement officers and prosecutors through--
``(i) programs facilitated by the ICAC Task
Force Program;
``(ii) ICAC training programs supported by
the Office of Juvenile Justice and Delinquency
Prevention of the Department of Justice;
``(iii) programs facilitated by appropriate
nongovernmental organizations with subject
matter expertise, technical skill, or
technological tools to assist in the
identification of and response to serious
offenders, contact sexual offenses, child
sexual exploitation offenses, or offenses
involving child sexual abuse material; and
``(iv) any other program that provides
training--
``(I) on the investigation and
identification of serious offenders or
victims of contact sexual offenses,
child sexual exploitation offenses, or
offenses involving child sexual abuse
material; or
``(II) that specifically addresses
the use of existing and emerging
technologies to commit or facilitate
contact sexual offenses, child sexual
exploitation offenses, or offenses
involving child sexual abuse material;
``(C) the development by each United States
Attorney of a district-specific strategic plan to
coordinate with State and local law enforcement
agencies and prosecutor's offices, including ICAC task
forces and their ICAC affiliate partners, on the
investigation of suspect leads involving serious
offenders, contact sexual offenses, child sexual
exploitation offenses, and offenses involving child
sexual abuse material, and the prosecution of those
offenders and offenses, which plan--
``(i) shall include--
``(I) the use of the best practices
developed under paragraphs (1) and (2)
of subsection (c);
``(II) the development of plans and
protocols to target and rapidly
investigate cases involving potential
serious offenders or the identification
and rescue of a victim of a contact
sexual offense, a child sexual
exploitation offense, or an offense
involving child sexual abuse material;
``(III) the use of training and
technical assistance programs to
incorporate victim-centered, trauma-
informed practices in cases involving
victims of contact sexual offenses,
child sexual exploitation offenses, and
offenses involving child sexual abuse
material, which may include the use of
child protective services, children's
advocacy centers, victim support
specialists, or other supportive
services;
``(IV) the development of plans to
track, report, and clearly communicate
successful cases of victim
identification and child rescue to the
Department of Justice and the public;
``(V) an analysis of the
investigative and forensic capacity of
law enforcement agencies and
prosecutor's offices within the
district, and goals for improving
capacity and effectiveness;
``(VI) a written policy describing
the criteria for referrals for
prosecution from Federal, State, or
local law enforcement agencies,
particularly when the investigation may
involve a potential serious offender or
the identification or rescue of a child
victim;
``(VII) plans and budgets for
training of relevant personnel on
contact sexual offenses, child sexual
exploitation offenses, and offenses
involving child sexual abuse material;
``(VIII) plans for coordination and
cooperation with State, local, and
Tribal law enforcement agencies and
prosecutorial offices; and
``(IX) evidence-based programs that
educate the public about and increase
awareness of such offenses; and
``(ii) shall be developed in consultation,
as appropriate, with--
``(I) the local ICAC task force;
``(II) the United States Marshals
Service Sex Offender Targeting Center;
``(III) training and technical
assistance providers under the ICAC
Task Force Program who are funded by
the Attorney General;
``(IV) nongovernmental
organizations with subject matter
expertise, technical skill, or
technological tools to assist in the
identification of and response to
contact sexual offenses, child sexual
exploitation offenses, or offenses
involving child sexual abuse material;
``(V) any relevant component of
Homeland Security Investigations;
``(VI) any relevant component of
the Federal Bureau of Investigation;
``(VII) the Office of Juvenile
Justice and Delinquency Prevention of
the Department of Justice;
``(VIII) the Child Exploitation and
Obscenity Section of the Criminal
Division of the Department of Justice;
``(IX) the United States Postal
Inspection Service;
``(X) the United States Secret
Service; and
``(XI) each military criminal
investigation organization of the
Department of Defense; and
``(D) a quadrennial assessment by each United
States Attorney of the investigations within the
district of such attorney of contact sexual offenses,
child sexual exploitation offenses, and offenses
involving child sexual abuse material--
``(i) with consideration of--
``(I) the variety of sources for
leads;
``(II) the proportion of work
involving proactive or undercover law
enforcement investigations;
``(III) the number of serious
offenders identified and prosecuted;
and
``(IV) the number of children
identified or rescued; and
``(ii) information from which may be used
by the United States Attorney, as appropriate,
to revise the plan described in subparagraph
(C).
``(2) Major case coordination by the Department of Justice
(or other Federal agencies as appropriate), including specific
cooperation, as appropriate, with--
``(A) the Child Exploitation and Obscenity Section
of the Criminal Division of the Department of Justice;
``(B) any relevant component of Homeland Security
Investigations;
``(C) any relevant component of the Federal Bureau
of Investigation;
``(D) the ICAC task forces and ICAC affiliate
partners;
``(E) the United States Marshals Service, including
the Sex Offender Targeting Center;
``(F) the United States Postal Inspection Service;
``(G) the United States Secret Service;
``(H) each Military Criminal Investigation
Organization of the Department of Defense; and
``(I) any task forces established in connection
with the Project Safe Childhood program set forth under
subsection (b).
``(3) Increased Federal involvement in, and commitment to,
the prevention and prosecution of technology-facilitated child
sexual exploitation offenses or offenses involving child sexual
abuse material by--
``(A) using technology to identify victims and
serious offenders;
``(B) developing processes and tools to identify
victims and offenders; and
``(C) taking measures to improve information
sharing among Federal law enforcement agencies,
including for the purposes of implementing the plans
and protocols described in paragraph (1)(C)(i)(II) to
identify and rescue--
``(i) victims of contact sexual offenses,
child sexual exploitation offenses, and
offenses involving child sexual abuse material;
or
``(ii) victims of serious offenders.
``(4) The establishment, development, and implementation of
a nationally coordinated `Safer Internet Day' every year
developed in collaboration with the Department of Education,
national and local internet safety organizations, parent
organizations, social media companies, and schools to provide--
``(A) national public awareness and evidence-based
educational programs about the threats posed by circle
of trust offenders and the threat of contact sexual
offenses, child sexual exploitation offenses, or
offenses involving child sexual abuse material, and the
use of technology to facilitate those offenses;
``(B) information to parents and children about how
to avoid or prevent technology-facilitated child sexual
exploitation offenses; and
``(C) information about how to report possible
technology-facilitated child sexual exploitation
offenses or offenses involving child sexual abuse
material through--
``(i) the National Center for Missing and
Exploited Children;
``(ii) the ICAC Task Force Program; and
``(iii) any other program that--
``(I) raises national awareness
about the threat of technology-
facilitated child sexual exploitation
offenses or offenses involving child
sexual abuse material; and
``(II) provides information to
parents and children seeking to report
possible violations of technology-
facilitated child sexual exploitation
offenses or offenses involving child
sexual abuse material.
``(e) Expansion of Project Safe Childhood.--Notwithstanding
subsection (d), funds authorized under this section may be also be used
for the following purposes:
``(1) The addition of not less than 20 Assistant United
States Attorneys at the Department of Justice, relative to the
number of such positions as of the day before the date of
enactment of the Project Safe Childhood Act, who shall be--
``(A) dedicated to the prosecution of cases in
connection with the Project Safe Childhood program set
forth under subsection (b); and
``(B) responsible for assisting and coordinating
the plans and protocols of each district under
subsection (d)(1)(C)(i)(II).
``(2) Such other additional and related purposes as the
Attorney General determines appropriate.
``(f) Authorization of Appropriations.--
``(1) In general.--For the purpose of carrying out this
section, there are authorized to be appropriated--
``(A) for the activities described under paragraphs
(1), (2), and (3) of subsection (d), $28,550,000 for
each of fiscal years 2023 through 2028;
``(B) for the activities described under subsection
(d)(4), $4,000,000 for each of fiscal years 2023
through 2028; and
``(C) for the activities described under subsection
(e), $29,100,000 for each of fiscal years 2023 through
2028.
``(2) Supplement, not supplant.--Amounts made available to
State and local agencies, programs, and services under this
section shall supplement, and not supplant, other Federal,
State, or local funds made available for those agencies,
programs, and services.''.
Passed the Senate October 24, 2023.
Attest:
Secretary.
118th CONGRESS
1st Session
S. 1170
_______________________________________________________________________
AN ACT
To reauthorize and update the Project Safe Childhood program, and for
other purposes.