[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.
____________________