[Congressional Record Volume 169, Number 175 (Tuesday, October 24, 2023)]
[Senate]
[Pages S5150-S5152]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       PROJECT SAFE CHILDHOOD ACT

  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent the Senate 
proceed to the immediate consideration of Calendar No. 68, S. 1170.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 1170) to reauthorize and update the Project Safe 
     Childhood program, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on the Judiciary, with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

     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.

[[Page S5151]]

       ``(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

[[Page S5152]]

     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.''.

  Mr. WHITEHOUSE. I ask unanimous consent that the committee-reported 
amendment be considered and agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
agreed to.
  Mr. WHITEHOUSE. I ask that the bill, as amended, be considered read a 
third time.
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  Mr. WHITEHOUSE. I know of no further debate on the bill, as amended.
  The PRESIDING OFFICER. If there is no further debate, the question 
is, Shall the bill pass?
  The bill (S. 1170), as amended, was passed.
  Mr. WHITEHOUSE. I ask unanimous consent that the motion to reconsider 
be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________