[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1170 Reported in Senate (RS)]

<DOC>





                                                        Calendar No. 68
118th CONGRESS
  1st Session
                                S. 1170

 To reauthorize and update the Project Safe Childhood program, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 17, 2023

 Mr. Cornyn (for himself, Ms. Klobuchar, Mr. Grassley, Mr. Blumenthal, 
  Mrs. Blackburn, Mr. Murphy, Mr. Graham, Mr. Ossoff, Mr. Tillis, Mr. 
Welch, Mr. Hawley, Mrs. Feinstein, Mr. Durbin, Mr. Coons, Mr. Cruz, Mr. 
Kennedy, and Ms. Hirono) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

                              May 15, 2023

               Reported by Mr. Durbin, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Project Safe Childhood 
Act''.</DELETED>

<DELETED>SEC. 2. PROJECT SAFE CHILDHOOD MODERNIZATION.</DELETED>

<DELETED>    Section 143 of the Adam Walsh Child Protection and Safety 
Act of 2006 (34 U.S.C. 20942) is amended to read as follows:</DELETED>

<DELETED>``SEC. 143. PROJECT SAFE CHILDHOOD.</DELETED>

<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Child sexual exploitation offense.--The term 
        `child sexual exploitation offense' means--</DELETED>
                <DELETED>    ``(A)(i) an offense involving a minor 
                under section 1591 or chapter 117 of title 18, United 
                States Code;</DELETED>
                <DELETED>    ``(ii) an offense under subsection (a), 
                (b), or (c) of section 2251 of title 18, United States 
                Code;</DELETED>
                <DELETED>    ``(iii) an offense under section 2251A or 
                2252A(g) of title 18, United States Code; or</DELETED>
                <DELETED>    ``(iv) any attempt or conspiracy to commit 
                an offense described in clause (i) or (ii); 
                or</DELETED>
                <DELETED>    ``(B) an offense involving a minor under a 
                State or Tribal statute that is similar to a provision 
                described in subparagraph (A).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Computer.--The term `computer' has the 
        meaning given the term in section 1030 of title 18, United 
        States Code.</DELETED>
        <DELETED>    ``(5) Contact sexual offense.--The term `contact 
        sexual offense' means--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) an offense involving a minor under a 
                State or Tribal statute that is similar to a provision 
                described in subparagraph (A).</DELETED>
        <DELETED>    ``(6) Dual offender.--The term `dual offender' 
        means--</DELETED>
                <DELETED>    ``(A) a person who commits--</DELETED>
                        <DELETED>    ``(i) a technology-facilitated 
                        child sexual exploitation offense or an offense 
                        involving child sexual abuse material; 
                        and</DELETED>
                        <DELETED>    ``(ii) a contact sexual offense; 
                        and</DELETED>
                <DELETED>    ``(B) without regard to whether the 
                offenses described in clauses (i) and (ii) of 
                subparagraph (A)--</DELETED>
                        <DELETED>    ``(i) are committed as part of the 
                        same course of conduct; or</DELETED>
                        <DELETED>    ``(ii) involve the same 
                        victim.</DELETED>
        <DELETED>    ``(7) Facilitator.--The term `facilitator' means 
        an individual who facilitates the commission by another 
        individual of--</DELETED>
                <DELETED>    ``(A) a technology-facilitated child 
                sexual exploitation offense or an offense involving 
                child sexual abuse material; or</DELETED>
                <DELETED>    ``(B) a contact sexual offense.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(9) ICAC task force.--The term `ICAC task force' 
        means a task force that is part of the ICAC Task Force 
        Program.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(11) Offense involving child sexual abuse 
        material.--The term `offense involving child sexual abuse 
        material' means--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) an offense under a State or Tribal 
                statute that is similar to a provision described in 
                subparagraph (A).</DELETED>
        <DELETED>    ``(12) Serious offender.--The term `serious 
        offender' means--</DELETED>
                <DELETED>    ``(A) an offender who has committed a 
                contact sexual offense or child sexual exploitation 
                offense;</DELETED>
                <DELETED>    ``(B) a dual offender, circle of trust 
                offender, or facilitator; or</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) proactively generated leads, 
                including leads generated by current and emerging 
                technology;</DELETED>
                <DELETED>    ``(B) in-district investigative referrals; 
                and</DELETED>
                <DELETED>    ``(C) CyberTipline reports from the 
                National Center for Missing and Exploited 
                Children;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Implementation.--Except as authorized under 
subsection (e), funds authorized under this section may only be used 
for the following 4 purposes:</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) the partnership by each United 
                States Attorney with each Internet Crimes Against 
                Children Task Force within the district of such 
                attorney;</DELETED>
                <DELETED>    ``(B) training of Federal, State, and 
                local law enforcement officers and prosecutors 
                through--</DELETED>
                        <DELETED>    ``(i) programs facilitated by the 
                        ICAC Task Force Program;</DELETED>
                        <DELETED>    ``(ii) ICAC training programs 
                        supported by the Office of Juvenile Justice and 
                        Delinquency Prevention of the Department of 
                        Justice;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(iv) any other program that 
                        provides training--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) shall include--</DELETED>
                                <DELETED>    ``(I) the use of the best 
                                practices developed under paragraphs 
                                (1) and (2) of subsection 
                                (c);</DELETED>
                                <DELETED>    ``(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;</DELETED>
                                <DELETED>    ``(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;</DELETED>
                                <DELETED>    ``(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;</DELETED>
                                <DELETED>    ``(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;</DELETED>
                                <DELETED>    ``(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;</DELETED>
                                <DELETED>    ``(VII) plans and budgets 
                                for training of relevant personnel on 
                                contact sexual offenses, child sexual 
                                exploitation offenses, and offenses 
                                involving child sexual abuse 
                                material;</DELETED>
                                <DELETED>    ``(VIII) plans for 
                                coordination and cooperation with 
                                State, local, and Tribal law 
                                enforcement agencies and prosecutorial 
                                offices; and</DELETED>
                                <DELETED>    ``(IX) evidence-based 
                                programs that educate the public about 
                                and increase awareness of such 
                                offenses; and</DELETED>
                        <DELETED>    ``(ii) shall be developed in 
                        consultation, as appropriate, with--</DELETED>
                                <DELETED>    ``(I) the local ICAC task 
                                force;</DELETED>
                                <DELETED>    ``(II) the United States 
                                Marshals Service Sex Offender Targeting 
                                Center;</DELETED>
                                <DELETED>    ``(III) training and 
                                technical assistance providers under 
                                the ICAC Task Force Program who are 
                                funded by the Attorney 
                                General;</DELETED>
                                <DELETED>    ``(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;</DELETED>
                                <DELETED>    ``(V) any relevant 
                                component of Homeland Security 
                                Investigations;</DELETED>
                                <DELETED>    ``(VI) any relevant 
                                component of the Federal Bureau of 
                                Investigation;</DELETED>
                                <DELETED>    ``(VII) the Office of 
                                Juvenile Justice and Delinquency 
                                Prevention of the Department of 
                                Justice;</DELETED>
                                <DELETED>    ``(VIII) the Child 
                                Exploitation and Obscenity Section of 
                                the Criminal Division of the Department 
                                of Justice;</DELETED>
                                <DELETED>    ``(IX) the United States 
                                Postal Inspection Service;</DELETED>
                                <DELETED>    ``(X) the United States 
                                Secret Service; and</DELETED>
                                <DELETED>    ``(XI) each military 
                                criminal investigation organization of 
                                the Department of Defense; 
                                and</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) with consideration of--
                        </DELETED>
                                <DELETED>    ``(I) the variety of 
                                sources for leads;</DELETED>
                                <DELETED>    ``(II) the proportion of 
                                work involving proactive or undercover 
                                law enforcement 
                                investigations;</DELETED>
                                <DELETED>    ``(III) the number of 
                                serious offenders identified and 
                                prosecuted; and</DELETED>
                                <DELETED>    ``(IV) the number of 
                                children identified or rescued; 
                                and</DELETED>
                        <DELETED>    ``(ii) information from which may 
                        be used by the United States Attorney, as 
                        appropriate, to revise the plan described in 
                        subparagraph (C).</DELETED>
        <DELETED>    ``(2) Major case coordination by the Department of 
        Justice (or other Federal agencies as appropriate), including 
        specific cooperation, as appropriate, with--</DELETED>
                <DELETED>    ``(A) the Child Exploitation and Obscenity 
                Section of the Criminal Division of the Department of 
                Justice;</DELETED>
                <DELETED>    ``(B) any relevant component of Homeland 
                Security Investigations;</DELETED>
                <DELETED>    ``(C) any relevant component of the 
                Federal Bureau of Investigation;</DELETED>
                <DELETED>    ``(D) the ICAC task forces and ICAC 
                affiliate partners;</DELETED>
                <DELETED>    ``(E) the United States Marshals Service, 
                including the Sex Offender Targeting Center;</DELETED>
                <DELETED>    ``(F) the United States Postal Inspection 
                Service;</DELETED>
                <DELETED>    ``(G) the United States Secret 
                Service;</DELETED>
                <DELETED>    ``(H) each Military Criminal Investigation 
                Organization of the Department of Defense; 
                and</DELETED>
                <DELETED>    ``(I) any task forces established in 
                connection with the Project Safe Childhood program set 
                forth under subsection (b).</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) using technology to identify victims 
                and serious offenders;</DELETED>
                <DELETED>    ``(B) developing processes and tools to 
                identify victims and offenders; and</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) victims of contact sexual 
                        offenses, child sexual exploitation offenses, 
                        and offenses involving child sexual abuse 
                        material; or</DELETED>
                        <DELETED>    ``(ii) victims of serious 
                        offenders.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) information to parents and children 
                about how to avoid or prevent technology-facilitated 
                child sexual exploitation offenses; and</DELETED>
                <DELETED>    ``(C) information about how to report 
                possible technology-facilitated child sexual 
                exploitation offenses or offenses involving child 
                sexual abuse material through--</DELETED>
                        <DELETED>    ``(i) the National Center for 
                        Missing and Exploited Children;</DELETED>
                        <DELETED>    ``(ii) the ICAC Task Force 
                        Program; and</DELETED>
                        <DELETED>    ``(iii) any other program that--
                        </DELETED>
                                <DELETED>    ``(I) raises national 
                                awareness about the threat of 
                                technology-facilitated child sexual 
                                exploitation offenses or offenses 
                                involving child sexual abuse material; 
                                and</DELETED>
                                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Expansion of Project Safe Childhood.--
Notwithstanding subsection (d), funds authorized under this section may 
be also be used for the following purposes:</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) dedicated to the prosecution of 
                cases in connection with the Project Safe Childhood 
                program set forth under subsection (b); and</DELETED>
                <DELETED>    ``(B) responsible for assisting and 
                coordinating the plans and protocols of each district 
                under subsection (d)(1)(C)(i)(II).</DELETED>
        <DELETED>    ``(2) Such other additional and related purposes 
        as the Attorney General determines appropriate.</DELETED>
<DELETED>    ``(f) Authorization of Appropriations.--</DELETED>
        <DELETED>    ``(1) In general.--For the purpose of carrying out 
        this section, there are authorized to be appropriated--
        </DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) for the activities described under 
                subsection (d)(4), $4,000,000 for each of fiscal years 
                2023 through 2028; and</DELETED>
                <DELETED>    ``(C) for the activities described under 
                subsection (e), $29,100,000 for each of fiscal years 
                2023 through 2028.</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 3. TECHNICAL CLARIFICATIONS.</DELETED>

<DELETED>    (a) In General.--Title 18, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) in section 1201--</DELETED>
                <DELETED>    (A) in subsection (a), in the matter 
                preceding paragraph (1), by inserting ``obtains by 
                defrauding or deceiving any person,'' after 
                ``abducts,''; and</DELETED>
                <DELETED>    (B) in subsection (g), by adding at the 
                end the following:</DELETED>
        <DELETED>    ``(2) Defense.--For an offense described in this 
        subsection involving a victim who has not attained the age of 
        16 years, it is not a defense that the victim consented to the 
        offender's conduct unless the offender can establish by a 
        preponderance of the evidence that the offender reasonably 
        believed that the victim had attained the age of 16 
        years.'';</DELETED>
        <DELETED>    (2) in chapter 109A--</DELETED>
                <DELETED>    (A) in section 2241--</DELETED>
                        <DELETED>    (i) in subsection (b)--</DELETED>
                                <DELETED>    (I) in paragraph (1)--
                                </DELETED>
                                        <DELETED>    (aa) by inserting 
                                        ``or causes'' after ``engages 
                                        in''; and</DELETED>
                                        <DELETED>    (bb) by inserting 
                                        ``or by'' after ``a sexual act 
                                        with''; and</DELETED>
                                <DELETED>    (II) in paragraph (2)(B)--
                                </DELETED>
                                        <DELETED>    (aa) by inserting 
                                        ``or causes'' after ``engages 
                                        in''; and</DELETED>
                                        <DELETED>    (bb) by inserting 
                                        ``or by'' after ``a sexual act 
                                        with'';</DELETED>
                        <DELETED>    (ii) in subsection (c)--</DELETED>
                                <DELETED>    (I) by striking ``crosses 
                                a State line'' and inserting ``travels 
                                in interstate or foreign 
                                commerce'';</DELETED>
                                <DELETED>    (II) by inserting ``or 
                                cause'' after ``engage in'';</DELETED>
                                <DELETED>    (III) by inserting ``or 
                                by'' after ``a sexual act with'' each 
                                place it appears;</DELETED>
                                <DELETED>    (IV) by inserting ``or 
                                by'' after ``subsections (a) and (b) 
                                with'';</DELETED>
                                <DELETED>    (V) by inserting ``or 
                                causes'' after ``engages in'' each 
                                place it appears; and</DELETED>
                                <DELETED>    (VI) by inserting ``or 
                                causing'' after ``so engaging''; 
                                and</DELETED>
                        <DELETED>    (iii) in subsection (d), by 
                        inserting ``or being caused to engage in'' 
                        after ``engaging in'';</DELETED>
                <DELETED>    (B) in section 2242--</DELETED>
                        <DELETED>    (i) in paragraph (2), in the 
                        matter preceding subparagraph (A)--</DELETED>
                                <DELETED>    (I) by inserting ``or 
                                causes'' after ``engages in''; 
                                and</DELETED>
                                <DELETED>    (II) by inserting ``or 
                                by'' after ``a sexual act with''; 
                                and</DELETED>
                        <DELETED>    (ii) in paragraph (3)--</DELETED>
                                <DELETED>    (I) by inserting ``or 
                                causes'' after ``engages in''; 
                                and</DELETED>
                                <DELETED>    (II) by inserting ``or 
                                by'' after ``a sexual act 
                                with'';</DELETED>
                <DELETED>    (C) in section 2243--</DELETED>
                        <DELETED>    (i) in subsection (a)--</DELETED>
                                <DELETED>    (I) in the matter 
                                preceding paragraph (1)--</DELETED>
                                        <DELETED>    (aa) by inserting 
                                        ``or causes'' after ``engages 
                                        in''; and</DELETED>
                                        <DELETED>    (bb) by inserting 
                                        ``or by'' after ``a sexual act 
                                        with''; and</DELETED>
                                <DELETED>    (II) in paragraph (2), by 
                                inserting ``or causing'' after ``so 
                                engaging'';</DELETED>
                        <DELETED>    (ii) in subsection (b)--</DELETED>
                                <DELETED>    (I) in the matter 
                                preceding paragraph (1)--</DELETED>
                                        <DELETED>    (aa) by inserting 
                                        ``or causes'' after ``engages 
                                        in''; and</DELETED>
                                        <DELETED>    (bb) by inserting 
                                        ``or by'' after ``a sexual act 
                                        with''; and</DELETED>
                                <DELETED>    (II) in paragraph (2), by 
                                inserting ``or causing'' after ``so 
                                engaging'';</DELETED>
                        <DELETED>    (iii) in subsection (c)--
                        </DELETED>
                                <DELETED>    (I) by inserting ``or 
                                causes'' after ``engages in''; 
                                and</DELETED>
                                <DELETED>    (II) by inserting ``or 
                                by'' after ``a sexual act with''; 
                                and</DELETED>
                        <DELETED>    (iv) in subsection (e)--</DELETED>
                                <DELETED>    (I) in paragraph (1), by 
                                inserting ``or being caused to engage 
                                in'' after ``engaging in''; 
                                and</DELETED>
                                <DELETED>    (II) in paragraph (2), by 
                                striking ``between the persons so 
                                engaging'' and inserting the following: 
                                ``between--</DELETED>
                <DELETED>    ``(A) the defendant; and</DELETED>
                <DELETED>    ``(B) the person--</DELETED>
                        <DELETED>    ``(i) with whom the defendant 
                        engaged in a sexual act; or</DELETED>
                        <DELETED>    ``(ii) whom the defendant caused 
                        to engage in a sexual act''; and</DELETED>
                <DELETED>    (D) in section 2244(b)--</DELETED>
                        <DELETED>    (i) by inserting ``or causes'' 
                        after ``engages in''; and</DELETED>
                        <DELETED>    (ii) by inserting ``or by'' after 
                        ``sexual contact with''; and</DELETED>
        <DELETED>    (3) in section 2423(f)(1)--</DELETED>
                <DELETED>    (A) by striking ``a sexual act (as defined 
                in section 2246) with'' and inserting ``any conduct 
                involving''; and</DELETED>
                <DELETED>    (B) by striking ``sexual act occurred'' 
                and inserting ``conduct occurred''.</DELETED>
<DELETED>    (b) Effective Date.--The amendment to section 2241(c) of 
title 18, United States Code, made by subsection (a)(2)(A)(ii)(I) of 
this section shall apply to conduct that occurred before, on, or after 
the date of enactment of this Act.</DELETED>

<DELETED>SEC. 4. SEXUAL EXPLOITATION AND OTHER ABUSE OF 
              CHILDREN.</DELETED>

<DELETED>    Title 18 of the United States Code is amended--</DELETED>
        <DELETED>    (1) in section 1466A--</DELETED>
                <DELETED>    (A) in subsection (a)(1)(A), by inserting 
                ``, or includes a minor in such visual depiction of any 
                adult engaging in sexually explicit conduct'' after 
                ``sexually explicit conduct''; and</DELETED>
                <DELETED>    (B) in subsection (b)(1)(A), by inserting 
                ``, or includes a minor in such visual depiction of any 
                adult engaging in sexually explicit conduct'' after 
                ``sexually explicit conduct'';</DELETED>
        <DELETED>    (2) in chapter 109A--</DELETED>
                <DELETED>    (A) in section 2244--</DELETED>
                        <DELETED>    (i) in subsection (a)--</DELETED>
                                <DELETED>    (I) by redesignating 
                                paragraphs (1) through (5) as 
                                subparagraphs (A) through (E), 
                                respectively, and adjusting the margins 
                                accordingly;</DELETED>
                                <DELETED>    (II) by striking 
                                ``Whoever'' and inserting the 
                                following:</DELETED>
        <DELETED>    ``(1) In general.--Whoever'';</DELETED>
                                <DELETED>    (III) in paragraph (1), as 
                                so designated--</DELETED>
                                        <DELETED>    (aa) in the matter 
                                        preceding subparagraph (A), as 
                                        so redesignated, by striking 
                                        ``if so to do'' and inserting 
                                        ``if to do so'';</DELETED>
                                        <DELETED>    (bb) in 
                                        subparagraph (A), as so 
                                        redesignated, by striking 
                                        ``ten'' and inserting 
                                        ``10'';</DELETED>
                                        <DELETED>    (cc) in 
                                        subparagraph (B), as so 
                                        redesignated, by striking 
                                        ``three'' and inserting 
                                        ``10''';</DELETED>
                                        <DELETED>    (dd) in 
                                        subparagraph (C), as so 
                                        redesignated, by striking 
                                        ``two'' and inserting ``5''; 
                                        and</DELETED>
                                        <DELETED>    (ee) in 
                                        subparagraph (D), as so 
                                        redesignated, by striking 
                                        ``two'' and inserting ``5''; 
                                        and</DELETED>
                                <DELETED>    (IV) by adding at the end 
                                the following:</DELETED>
        <DELETED>    ``(2) Attempt.--Whoever attempts to commit an 
        offense under paragraph (1) shall be subject to the same 
        penalty as for a completed offense.'';</DELETED>
                        <DELETED>    (ii) in subsection (b)--</DELETED>
                                <DELETED>    (I) by inserting ``or 
                                causes'' after ``engages 
                                in'';</DELETED>
                                <DELETED>    (II) by inserting ``or 
                                by'' after ``sexual contact 
                                with'';</DELETED>
                                <DELETED>    (III) by inserting ``, or 
                                attempts to do so,'' after ``other 
                                person's permission''; and</DELETED>
                                <DELETED>    (IV) by striking ``two'' 
                                and inserting ``2''; and</DELETED>
                        <DELETED>    (iii) in subsection (c), by 
                        striking ``If the sexual contact that violates 
                        this section (other than subsection (a)(5)) is 
                        with an individual'' and inserting ``If the 
                        sexual contact or attempted sexual contact that 
                        a person engages in or causes in violation of 
                        this section (other than subsection (a)(1)(E)) 
                        is with or by an individual''; and</DELETED>
                <DELETED>    (B) in section 2246(2), by inserting after 
                ``16 years'' the following: ``, or of any person by a 
                person who has not attained the age of 16 years,''; 
                and</DELETED>
        <DELETED>    (3) in chapter 110--</DELETED>
                <DELETED>    (A) in section 2251--</DELETED>
                        <DELETED>    (i) by striking subsections (a) 
                        and (b) and inserting the following:</DELETED>
<DELETED>    ``(a) Any person who, in a circumstance described in 
subsection (f), engages in any of the following conduct shall be 
punished as provided under subsection (e):</DELETED>
        <DELETED>    ``(1) Employs, uses, persuades, induces, entices, 
        or coerces a minor to engage in any sexually explicit conduct 
        for the purpose of producing any visual depiction of such 
        conduct or transmitting a live visual depiction of such 
        conduct.</DELETED>
        <DELETED>    ``(2) Employs, uses, persuades, induces, entices, 
        or coerces a minor to engage in any sexually explicit conduct 
        and in the course thereof, knowingly produces or causes to be 
        produced any visual depiction of such conduct, or transmits or 
        causes to be transmitted a live visual depiction of such 
        conduct.</DELETED>
        <DELETED>    ``(3) Engages in sexually explicit conduct in the 
        presence of a minor for the purpose of producing any visual 
        depiction of such conduct or transmitting a live visual 
        depiction of such conduct, intending that the minor be included 
        in such visual depiction.</DELETED>
        <DELETED>    ``(4) Engages in sexually explicit conduct in the 
        presence of a minor and in the course thereof, knowingly 
        produces or causes to be produced any visual depiction of such 
        conduct, or transmits or causes to be transmitted a live visual 
        depiction of such conduct, intentionally including the minor in 
        such visual depiction.</DELETED>
        <DELETED>    ``(5) Has a minor assist any other person to 
        engage in any sexually explicit conduct during the commission 
        of an offense set forth in paragraphs (1) through (4) of this 
        subsection.</DELETED>
        <DELETED>    ``(6) Transports any minor in or affecting 
        interstate or foreign commerce with the intent that such minor 
        be used in the production or live transmission of any visual 
        depiction of a minor engaged in any sexually explicit 
        conduct.</DELETED>
<DELETED>    ``(b) Any parent, legal guardian, or person who has 
custody or control of a minor and, in a circumstance described in 
subsection (f), engages in any of the following conduct shall be 
punished as provided under subsection (e):</DELETED>
        <DELETED>    ``(1) Knowingly permits such minor to engage in, 
        or to assist any other person to engage in, sexually explicit 
        conduct--</DELETED>
                <DELETED>    ``(A) for the purpose of producing any 
                visual depiction of such conduct or transmitting a live 
                visual depiction of such conduct; or</DELETED>
                <DELETED>    ``(B) knowing that any visual depiction of 
                such conduct will be produced or transmitted.</DELETED>
        <DELETED>    ``(2) Knowingly permits an adult to engage in 
        sexually explicit conduct in the presence of the minor--
        </DELETED>
                <DELETED>    ``(A) for the purpose of producing any 
                visual depiction of such conduct or transmitting a live 
                visual depiction of such conduct, intending that the 
                minor be included in such visual depiction; 
                or</DELETED>
                <DELETED>    ``(B) knowing that any visual depiction of 
                such conduct will be produced or transmitted, 
                intentionally including the minor in such visual 
                depiction.'';</DELETED>
                        <DELETED>    (ii) in subsection (c)--</DELETED>
                                <DELETED>    (I) in paragraph (1)--
                                </DELETED>
                                        <DELETED>    (aa) by striking 
                                        ``employs, uses, persuades, 
                                        induces, entices, or coerces 
                                        any minor to engage in, or who 
                                        has a minor assist any other 
                                        person to engage in, any 
                                        sexually explicit conduct'' and 
                                        inserting ``engages in any of 
                                        the conduct described in 
                                        paragraphs (1) through (5) of 
                                        subsection (a)''; and</DELETED>
                                        <DELETED>    (bb) by striking 
                                        ``for the purpose of producing 
                                        any visual depiction of such 
                                        conduct,''; and</DELETED>
                                <DELETED>    (II) in paragraph (2)--
                                </DELETED>
                                        <DELETED>    (aa) in 
                                        subparagraph (A), by inserting 
                                        ``or transmitted'' after 
                                        ``transported''; and</DELETED>
                                        <DELETED>    (bb) in 
                                        subparagraph (B) by inserting 
                                        ``or transmits'' after 
                                        ``transports'';</DELETED>
                        <DELETED>    (iii) in subsection (d)(1), by 
                        striking subparagraph (A) and inserting the 
                        following:</DELETED>
                <DELETED>    ``(A) to receive, exchange, buy, produce, 
                display, distribute, or reproduce, any visual 
                depiction, if--</DELETED>
                        <DELETED>    ``(i) the production of such 
                        visual depiction involves the use of a minor 
                        engaging in sexually explicit conduct and such 
                        visual depiction is of such conduct; 
                        or</DELETED>
                        <DELETED>    ``(ii) the production of such 
                        visual depiction involves an adult engaging in 
                        sexually explicit conduct in the presence of a 
                        minor, such visual depiction is of such 
                        conduct, and the minor is intentionally 
                        included in the visual depiction; or''; 
                        and</DELETED>
                        <DELETED>    (iv) by adding at the end the 
                        following:</DELETED>
<DELETED>    ``(f) Circumstances.--The circumstance referred to in 
subsections (a) and (b) is that--</DELETED>
        <DELETED>    ``(1) the person knows or has reason to know that 
        the visual depiction will be--</DELETED>
                <DELETED>    ``(A) transported or transmitted using any 
                means or facility of interstate or foreign 
                commerce;</DELETED>
                <DELETED>    ``(B) transported or transmitted in or 
                affecting interstate or foreign commerce; or</DELETED>
                <DELETED>    ``(C) mailed;</DELETED>
        <DELETED>    ``(2) the visual depiction was produced or 
        transmitted using materials that have been--</DELETED>
                <DELETED>    ``(A) mailed; or</DELETED>
                <DELETED>    ``(B) shipped or transported in or 
                affecting interstate or foreign commerce by any means, 
                including by computer;</DELETED>
        <DELETED>    ``(3) the visual depiction has actually been--
        </DELETED>
                <DELETED>    ``(A) transported or transmitted using any 
                means or facility of interstate or foreign 
                commerce;</DELETED>
                <DELETED>    ``(B) transported or transmitted in or 
                affecting interstate or foreign commerce; or</DELETED>
                <DELETED>    ``(C) mailed; or</DELETED>
        <DELETED>    ``(4) any part of the offense occurred in a 
        territory or possession of the United States or within the 
        special maritime and territorial jurisdiction of the United 
        States.'';</DELETED>
                <DELETED>    (B) in section 2251A--</DELETED>
                        <DELETED>    (i) in subsection (a)--</DELETED>
                                <DELETED>    (I) in the matter 
                                preceding paragraph (1), by inserting 
                                `` or control'' after ``transfer 
                                custody'';</DELETED>
                                <DELETED>    (II) by striking paragraph 
                                (1) and inserting the 
                                following:</DELETED>
        <DELETED>    ``(1) with knowledge that, as a consequence of the 
        sale or transfer, the minor will be--</DELETED>
                <DELETED>    ``(A) portrayed in any visual depiction 
                engaging in, or assisting another person to engage in, 
                sexually explicit conduct; or</DELETED>
                <DELETED>    ``(B) intentionally included in any visual 
                depiction of an adult engaging in sexually explicit 
                conduct in the presence of the minor; or''; 
                and</DELETED>
                                <DELETED>    (III) in paragraph (2)--
                                </DELETED>
                                        <DELETED>    (aa) in the matter 
                                        preceding subparagraph (A), by 
                                        striking ``either'';</DELETED>
                                        <DELETED>    (bb) in 
                                        subparagraph (A), by striking 
                                        ``or'' at the end;</DELETED>
                                        <DELETED>    (cc) in 
                                        subparagraph (B), by adding 
                                        ``or'' at the end; 
                                        and</DELETED>
                                        <DELETED>    (dd) by inserting 
                                        after subparagraph (B) the 
                                        following:</DELETED>
                <DELETED>    ``(C) the intentional inclusion of the 
                minor in any visual depiction of an adult engaging in 
                sexually explicit conduct in the presence of the 
                minor;'' and</DELETED>
                        <DELETED>    (ii) in subsection (b)--</DELETED>
                                <DELETED>    (I) by striking paragraph 
                                (1) and inserting the 
                                following:</DELETED>
        <DELETED>    ``(1) with knowledge that, as a consequence of the 
        purchase or obtaining of custody or control, the minor will 
        be--</DELETED>
                <DELETED>    ``(A) portrayed in any visual depiction 
                engaging in, or assisting another person to engage in, 
                sexually explicit conduct; or</DELETED>
                <DELETED>    ``(B) intentionally included in any visual 
                depiction of an adult engaging in sexually explicit 
                conduct in the presence of the minor; or''; 
                and</DELETED>
                                <DELETED>    (II) in paragraph (2)--
                                </DELETED>
                                        <DELETED>    (aa) in the matter 
                                        preceding subparagraph (A), by 
                                        striking ``either'';</DELETED>
                                        <DELETED>    (bb) in 
                                        subparagraph (A), by striking 
                                        ``or'' at the end;</DELETED>
                                        <DELETED>    (cc) in 
                                        subparagraph (B), by adding 
                                        ``or'' at the end; 
                                        and</DELETED>
                                        <DELETED>    (dd) by inserting 
                                        after subparagraph (B) the 
                                        following:</DELETED>
                <DELETED>    ``(C) the intentional inclusion of the 
                minor in any visual depiction of an adult engaging in 
                sexually explicit conduct in the presence of the 
                minor;'';</DELETED>
                <DELETED>    (C) in section 2252(a)--</DELETED>
                        <DELETED>    (i) in paragraph (1), by striking 
                        subparagraphs (A) and (B) and inserting the 
                        following:</DELETED>
                <DELETED>    ``(A) the producing of such visual 
                depiction involves the use of a minor engaging in 
                sexually explicit conduct and such visual depiction is 
                of such conduct; or</DELETED>
                <DELETED>    ``(B) the producing of such visual 
                depiction involves an adult engaging in sexually 
                explicit conduct in the presence of a minor, such 
                visual depiction is of such conduct, and the minor is 
                intentionally included in the visual 
                depiction;'';</DELETED>
                        <DELETED>    (ii) in paragraph (2), by striking 
                        subparagraphs (A) and (B) and inserting the 
                        following:</DELETED>
                <DELETED>    ``(A) the producing of such visual 
                depiction involves the use of a minor engaging in 
                sexually explicit conduct and such visual depiction is 
                of such conduct; or</DELETED>
                <DELETED>    ``(B) the producing of such visual 
                depiction involves an adult engaging in sexually 
                explicit conduct in the presence of a minor, such 
                visual depiction is of such conduct, and the minor is 
                intentionally included in the visual 
                depiction;'';</DELETED>
                        <DELETED>    (iii) in paragraph (3)(B), by 
                        striking clauses (i) and (ii) and inserting the 
                        following:</DELETED>
                        <DELETED>    ``(i) the producing of such visual 
                        depiction involves the use of a minor engaging 
                        in sexually explicit conduct and such visual 
                        depiction is of such conduct; or</DELETED>
                        <DELETED>    ``(ii) the producing of such 
                        visual depiction involves an adult engaging in 
                        sexually explicit conduct in the presence of a 
                        minor, such visual depiction is of such 
                        conduct, and the minor is intentionally 
                        included in the visual depiction;''; 
                        and</DELETED>
                        <DELETED>    (iv) in paragraph (4)(B), by 
                        striking clauses (i) and (ii) and inserting the 
                        following:</DELETED>
                        <DELETED>    ``(i) the producing of such visual 
                        depiction involves the use of a minor engaging 
                        in sexually explicit conduct and such visual 
                        depiction is of such conduct; or</DELETED>
                        <DELETED>    ``(ii) the producing of such 
                        visual depiction involves an adult engaging in 
                        sexually explicit conduct in the presence of a 
                        minor, such visual depiction is of such 
                        conduct, and the minor is intentionally 
                        included in the visual depiction;'';</DELETED>
                <DELETED>    (D) in section 2256--</DELETED>
                        <DELETED>    (i) in paragraph (8)--</DELETED>
                                <DELETED>    (I) by striking 
                                subparagraph (A) and inserting the 
                                following:</DELETED>
                <DELETED>    ``(A) the production of such visual 
                depiction involves--</DELETED>
                        <DELETED>    ``(i) the use of a minor engaging 
                        in sexually explicit conduct; or</DELETED>
                        <DELETED>    ``(ii) an adult engaging in 
                        sexually explicit conduct in the presence of a 
                        minor and the intentional inclusion of the 
                        minor in the visual depiction;'' and</DELETED>
                                <DELETED>    (II) in subparagraph (B), 
                                by inserting after ``sexually explicit 
                                conduct'' the following: ``or that of a 
                                minor intentionally included in such 
                                visual depiction of an adult engaging 
                                in sexually explicit conduct''; 
                                and</DELETED>
                                <DELETED>    (III) in subparagraph (C), 
                                by inserting after ``sexually explicit 
                                conduct.'' the following: ``or is 
                                intentionally included in such visual 
                                depiction of an adult engaging in 
                                sexually explicit conduct'';</DELETED>
                        <DELETED>    (ii) in paragraph (9), by striking 
                        the period at the end and inserting a 
                        semicolon;</DELETED>
                        <DELETED>    (iii) in paragraph (10), by 
                        striking ``and'' at the end;</DELETED>
                        <DELETED>    (iv) in paragraph (11), by 
                        striking the period at the end and inserting 
                        ``; and''; and</DELETED>
                        <DELETED>    (v) adding at the end the 
                        following:</DELETED>
        <DELETED>    ``(12) the terms `uses any minor to engage in', 
        `the use of a minor engaging in', and `in the presence of a 
        minor' do not require--</DELETED>
                <DELETED>    ``(A) the minor to be aware of, or to be 
                capable of appraising the nature of, the sexually 
                explicit conduct; or</DELETED>
                <DELETED>    ``(B) any direct engagement or active 
                participation by the minor in the sexually explicit 
                conduct.''; and</DELETED>
                <DELETED>    (E) in section 2260--</DELETED>
                        <DELETED>    (i) by striking subsection (a) and 
                        inserting the following:</DELETED>
<DELETED>    ``(a) Use of Minor.--A person who, outside the United 
States, engages in any of the following conduct, intending that the 
visual depiction will be imported or transmitted into the United States 
or into waters within 12 miles of the coast of the United States, shall 
be punished as provided in subsection (c):</DELETED>
        <DELETED>    ``(1) Employs, uses, persuades, induces, entices, 
        or coerces a minor to engage in any sexually explicit conduct 
        for the purpose of producing any visual depiction of such 
        conduct or transmitting a live visual depiction of such 
        conduct.</DELETED>
        <DELETED>    ``(2) Employs, uses, persuades, induces, entices, 
        or coerces a minor to engage in any sexually explicit conduct 
        and in the course thereof, knowingly produces or causes to be 
        produced any visual depiction of such conduct, or transmits or 
        causes to be transmitted a live visual depiction of such 
        conduct.</DELETED>
        <DELETED>    ``(3) Engages in sexually explicit conduct in the 
        presence of a minor for the purpose of producing any visual 
        depiction of such conduct or transmitting a live visual 
        depiction of such conduct, intending that the minor be included 
        in such visual depiction.</DELETED>
        <DELETED>    ``(4) Engages in sexually explicit conduct in the 
        presence of a minor and in the course thereof, knowingly 
        produces or causes to be produced any visual depiction of such 
        conduct, or transmits or causes to be transmitted a live visual 
        depiction of such conduct, intentionally including the minor in 
        such visual depiction.</DELETED>
        <DELETED>    ``(5) Has a minor assist any other person to 
        engage in any sexually explicit conduct during the commission 
        of an offense set forth in paragraphs (1) through (4) of this 
        subsection.</DELETED>
        <DELETED>    ``(6) Transports any minor in or affecting foreign 
        commerce with the intent that such minor be used in the 
        production or live transmission of any visual depiction of a 
        minor engaged in any sexually explicit conduct.''; 
        and</DELETED>
                        <DELETED>    (ii) in subsection (b), by 
                        striking ``visual depiction of a minor engaging 
                        in sexually explicit conduct (if the production 
                        of the visual depiction involved the use of a 
                        minor engaging in sexually explicit conduct), 
                        intending that the visual depiction'' and 
                        inserting ``child pornography (as defined in 
                        section 2256(8)(A)), intending that the child 
                        pornography''.</DELETED>

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.''.
                                                        Calendar No. 68

118th CONGRESS

  1st Session

                                S. 1170

_______________________________________________________________________

                                 A BILL

 To reauthorize and update the Project Safe Childhood program, and for 
                            other purposes.

_______________________________________________________________________

                              May 15, 2023

                       Reported with an amendment