II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Project Safe Childhood 

5 Act’’. 


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1 SEC. 2. PROJECT SAFE CHILDHOOD MODERNIZATION. 

2 Section 143 of the Adam Walsh Child Protection and 

3 Safety Act of 2006 (34 U.S.C. 20942) is amended to read 

4 as follows: 

5 ‘‘SEC. 143. PROJECT SAFE CHILDHOOD. 

6 ‘‘(a) DEFINITIONS.—In this section: 

7 ‘‘(1) CHILD SEXUAL ABUSE MATERIAL.—The 

8 term ‘child sexual abuse material’ has the meaning 

9 given the term ‘child pornography’ in section 2256 

10 of title 18, United States Code. 

11 ‘‘(2) CHILD SEXUAL EXPLOITATION OF12 FENSE.—The term ‘child sexual exploitation offense’ 

13 means— 

14 ‘‘(A)(i) an offense involving a minor under 

15 section 1591 or chapter 117 of title 18, United 

16 States Code; 

17 ‘‘(ii) an offense under subsection (a), (b), 

18 or (c) of section 2251 of title 18, United States 

19 Code; 

20 ‘‘(iii) an offense under section 2251A or 

21 2252A(g) of title 18, United States Code; or 

22 ‘‘(iv) any attempt or conspiracy to commit 

23 an offense described in clause (i) or (ii); or 

24 ‘‘(B) an offense involving a minor under a 

25 State or Tribal statute that is similar to a pro26 vision described in subparagraph (A). 


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1 ‘‘(3) CIRCLE OF TRUST OFFENDER.—The term 

2 ‘circle of trust offender’ means an offender who is 

3 related to, or in a position of trust, authority, or su4 pervisory control with respect to, a child. 

5 ‘‘(4) COMPUTER.—The term ‘computer’ has the 

6 meaning given the term in section 1030 of title 18, 

7 United States Code. 

8 ‘‘(5) CONTACT SEXUAL OFFENSE.—The term 

9 ‘contact sexual offense’ means— 

10 ‘‘(A) an offense involving a minor under 

11 chapter 109A of title 18, United States Code, 

12 or any attempt or conspiracy to commit such an 

13 offense; or 

14 ‘‘(B) an offense involving a minor under a 

15 State or Tribal statute that is similar to a pro16 vision described in subparagraph (A). 

17 ‘‘(6) DUAL OFFENDER.—The term ‘dual of18 fender’ means— 

19 ‘‘(A) a person who commits— 

20 ‘‘(i) a technology-facilitated child sex21 ual exploitation offense or an offense in22 volving child sexual abuse material; and 

23 ‘‘(ii) a contact sexual offense; and 


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1 ‘‘(B) without regard to whether the of2 fenses described in clauses (i) and (ii) of sub3 paragraph (A)— 

4 ‘‘(i) are committed as part of the 

5 same course of conduct; or 

6 ‘‘(ii) involve the same victim. 

7 ‘‘(7) FACILITATOR.—The term ‘facilitator’ 

8 means an individual who facilitates the commission 

9 by another individual of— 

10 ‘‘(A) a technology-facilitated child sexual 

11 exploitation offense or an offense involving child 

12 sexual abuse material; or 

13 ‘‘(B) a contact sexual offense. 

14 ‘‘(8) ICAC AFFILIATE PARTNER.—The term 

15 ‘ICAC affiliate partner’ means a law enforcement 

16 agency that has entered into a formal operating 

17 agreement with the ICAC Task Force Program. 

18 ‘‘(9) ICAC TASK FORCE.—The term ‘ICAC task 

19 force’ means a task force that is part of the ICAC 

20 Task Force Program. 

21 ‘‘(10) ICAC TASK FORCE PROGRAM.—The term 

22 ‘ICAC Task Force Program’ means the National 

23 Internet Crimes Against Children Task Force Pro24 gram established under section 102 of the PROVerDate Sep 11 2014 23:29 May 15, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1170.RS S1170

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1 TECT Our Children Act of 2008 (34 U.S.C. 

2 21112). 

3 ‘‘(11) OFFENSE INVOLVING CHILD SEXUAL

4 ABUSE MATERIAL.—The term ‘offense involving 

5 child sexual abuse material’ means— 

6 ‘‘(A) an offense under section 2251(d), 

7 section 2252, or paragraphs (1) through (6) of 

8 section 2252A(a) of title 18, United States 

9 Code, or any attempt or conspiracy to commit 

10 such an offense; or 

11 ‘‘(B) an offense under a State or Tribal 

12 statute that is similar to a provision described 

13 in subparagraph (A). 

14 ‘‘(12) SERIOUS OFFENDER.—The term ‘serious 

15 offender’ means— 

16 ‘‘(A) an offender who has committed a 

17 contact sexual offense or child sexual exploi18 tation offense; 

19 ‘‘(B) a dual offender, circle of trust of20 fender, or facilitator; or 

21 ‘‘(C) an offender with a prior conviction 

22 for a contact sexual offense, a child sexual ex23 ploitation offense, or an offense involving child 

24 sexual abuse material. 


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1 ‘‘(13) STATE.—The term ‘State’ means a State 

2 of the United States, the District of Columbia, and 

3 any commonwealth, territory, or possession of the 

4 United States. 

5 ‘‘(14) TECHNOLOGY-FACILITATED.—The term 

6 ‘technology-facilitated’, with respect to an offense, 

7 means an offense that is committed through the use 

8 of a computer, even if the use of a computer is not 

9 an element of the offense. 

10 ‘‘(b) ESTABLISHMENT OF PROGRAM.—The Attorney 

11 General shall create and maintain a nationwide initiative 

12 to align Federal, State, and local entities to combat the 

13 growing epidemic of online child sexual exploitation and 

14 abuse, to be known as the ‘Project Safe Childhood pro15 gram’, in accordance with this section. 

16 ‘‘(c) BEST PRACTICES.—The Attorney General, in 

17 coordination with the Child Exploitation and Obscenity 

18 Section of the Criminal Division of the Department of 

19 Justice and the Office of Juvenile Justice and Delinquency 

20 Prevention of the Department of Justice, and in consulta21 tion with training and technical assistance providers under 

22 the ICAC Task Force Program who are funded by the At23 torney General and with appropriate nongovernmental or24 ganizations, shall— 


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1 ‘‘(1) develop best practices to adopt a balanced 

2 approach to the investigation of suspect leads involv3 ing contact sexual offenses, child sexual exploitation 

4 offenses, and offenses involving child sexual abuse 

5 material, and the prosecution of those offenses, 

6 prioritizing when feasible the identification of a child 

7 victim or a serious offender, which approach shall 

8 incorporate the use of— 

9 ‘‘(A) proactively generated leads, including 

10 leads generated by current and emerging tech11 nology; 

12 ‘‘(B) in-district investigative referrals; and 

13 ‘‘(C) CyberTipline reports from the Na14 tional Center for Missing and Exploited Chil15 dren; 

16 ‘‘(2) develop best practices to be used by each 

17 United States Attorney and ICAC task force to as18 sess the likelihood that an individual could be a seri19 ous offender or that a child victim may be identified; 

20 ‘‘(3) develop and implement a tracking and 

21 communication system for Federal, State, and local 

22 law enforcement agencies and prosecutor’s offices to 

23 report successful cases of victim identification and 

24 child rescue to the Department of Justice and the 

25 public; and 


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1 ‘‘(4) encourage the submission of all lawfully 

2 seized visual depictions to the Child Victim Identi3 fication Program of the National Center for Missing 

4 and Exploited Children. 

5 ‘‘(d) IMPLEMENTATION.—Except as authorized 

6 under subsection (e), funds authorized under this section 

7 may only be used for the following 4 purposes: 

8 ‘‘(1) Integrated Federal, State, and local efforts 

9 to investigate and prosecute contact sexual offenses, 

10 child sexual exploitation offenses, and offenses in11 volving child sexual abuse material, including— 

12 ‘‘(A) the partnership by each United 

13 States Attorney with each Internet Crimes 

14 Against Children Task Force within the district 

15 of such attorney; 

16 ‘‘(B) training of Federal, State, and local 

17 law enforcement officers and prosecutors 

18 through— 

19 ‘‘(i) programs facilitated by the ICAC 

20 Task Force Program; 

21 ‘‘(ii) ICAC training programs sup22 ported by the Office of Juvenile Justice 

23 and Delinquency Prevention of the Depart24 ment of Justice; 


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1 ‘‘(iii) programs facilitated by appro2 priate nongovernmental organizations with 

3 subject matter expertise, technical skill, or 

4 technological tools to assist in the identi5 fication of and response to serious offend6 ers, contact sexual offenses, child sexual 

7 exploitation offenses, or offenses involving 

8 child sexual abuse material; and 

9 ‘‘(iv) any other program that provides 

10 training— 

11 ‘‘(I) on the investigation and 

12 identification of serious offenders or 

13 victims of contact sexual offenses, 

14 child sexual exploitation offenses, or 

15 offenses involving child sexual abuse 

16 material; or 

17 ‘‘(II) that specifically addresses 

18 the use of existing and emerging tech19 nologies to commit or facilitate con20 tact sexual offenses, child sexual ex21 ploitation offenses, or offenses involv22 ing child sexual abuse material; 

23 ‘‘(C) the development by each United 

24 States Attorney of a district-specific strategic 

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1 forcement agencies and prosecutor’s offices, in2 cluding ICAC task forces and their ICAC affil3 iate partners, on the investigation of suspect 

4 leads involving serious offenders, contact sexual 

5 offenses, child sexual exploitation offenses, and 

6 offenses involving child sexual abuse material, 

7 and the prosecution of those offenders and of8 fenses, which plan— 

9 ‘‘(i) shall include— 

10 ‘‘(I) the use of the best practices 

11 developed under paragraphs (1) and 

12 (2) of subsection (c); 

13 ‘‘(II) the development of plans 

14 and protocols to target and rapidly in15 vestigate cases involving potential se16 rious offenders or the identification 

17 and rescue of a victim of a contact 

18 sexual offense, a child sexual exploi19 tation offense, or an offense involving 

20 child sexual abuse material; 

21 ‘‘(III) the use of training and 

22 technical assistance programs to in23 corporate victim-centered, trauma-in24 formed practices in cases involving 

25 victims of contact sexual offenses, 


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1 child sexual exploitation offenses, and 

2 offenses involving child sexual abuse 

3 material, which may include the use of 

4 child protective services, children’s ad5 vocacy centers, victim support special6 ists, or other supportive services; 

7 ‘‘(IV) the development of plans to 

8 track, report, and clearly commu9 nicate successful cases of victim iden10 tification and child rescue to the De11 partment of Justice and the public; 

12 ‘‘(V) an analysis of the investiga13 tive and forensic capacity of law en14 forcement agencies and prosecutor’s 

15 offices within the district, and goals 

16 for improving capacity and effective17 ness; 

18 ‘‘(VI) a written policy describing 

19 the criteria for referrals for prosecu20 tion from Federal, State, or local law 

21 enforcement agencies, particularly 

22 when the investigation may involve a 

23 potential serious offender or the iden24 tification or rescue of a child victim; 


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1 ‘‘(VII) plans and budgets for 

2 training of relevant personnel on con3 tact sexual offenses, child sexual ex4 ploitation offenses, and offenses in5 volving child sexual abuse material; 

6 ‘‘(VIII) plans for coordination 

7 and cooperation with State, local, and 

8 Tribal law enforcement agencies and 

9 prosecutorial offices; and 

10 ‘‘(IX) evidence-based programs 

11 that educate the public about and in12 crease awareness of such offenses; and 

13 ‘‘(ii) shall be developed in consulta14 tion, as appropriate, with— 

15 ‘‘(I) the local ICAC task force; 

16 ‘‘(II) the United States Marshals 

17 Service Sex Offender Targeting Cen18 ter; 

19 ‘‘(III) training and technical as20 sistance providers under the ICAC 

21 Task Force Program who are funded 

22 by the Attorney General; 

23 ‘‘(IV) nongovernmental organiza24 tions with subject matter expertise, 

25 technical skill, or technological tools 


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1 to assist in the identification of and 

2 response to contact sexual offenses, 

3 child sexual exploitation offenses, or 

4 offenses involving child sexual abuse 

5 material; 

6 ‘‘(V) any relevant component of 

7 Homeland Security Investigations; 

8 ‘‘(VI) any relevant component of 

9 the Federal Bureau of Investigation; 

10 ‘‘(VII) the Office of Juvenile Jus11 tice and Delinquency Prevention of 

12 the Department of Justice; 

13 ‘‘(VIII) the Child Exploitation 

14 and Obscenity Section of the Criminal 

15 Division of the Department of Justice; 

16 ‘‘(IX) the United States Postal 

17 Inspection Service; 

18 ‘‘(X) the United States Secret 

19 Service; and 

20 ‘‘(XI) each military criminal in21 vestigation organization of the De22 partment of Defense; and 

23 ‘‘(D) a quadrennial assessment by each 

24 United States Attorney of the investigations 

25 within the district of such attorney of contact 


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1 sexual offenses, child sexual exploitation of2 fenses, and offenses involving child sexual abuse 

3 material— 

4 ‘‘(i) with consideration of— 

5 ‘‘(I) the variety of sources for 

6 leads; 

7 ‘‘(II) the proportion of work in8 volving proactive or undercover law 

9 enforcement investigations; 

10 ‘‘(III) the number of serious of11 fenders identified and prosecuted; and 

12 ‘‘(IV) the number of children 

13 identified or rescued; and 

14 ‘‘(ii) information from which may be 

15 used by the United States Attorney, as ap16 propriate, to revise the plan described in 

17 subparagraph (C). 

18 ‘‘(2) Major case coordination by the Depart19 ment of Justice (or other Federal agencies as appro20 priate), including specific cooperation, as appro21 priate, with— 

22 ‘‘(A) the Child Exploitation and Obscenity 

23 Section of the Criminal Division of the Depart24 ment of Justice; 


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1 ‘‘(B) any relevant component of Homeland 

2 Security Investigations; 

3 ‘‘(C) any relevant component of the Fed4 eral Bureau of Investigation; 

5 ‘‘(D) the ICAC task forces and ICAC affil6 iate partners; 

7 ‘‘(E) the United States Marshals Service, 

8 including the Sex Offender Targeting Center; 

9 ‘‘(F) the United States Postal Inspection 

10 Service; 

11 ‘‘(G) the United States Secret Service; 

12 ‘‘(H) each Military Criminal Investigation 

13 Organization of the Department of Defense; 

14 and 

15 ‘‘(I) any task forces established in connec16 tion with the Project Safe Childhood program 

17 set forth under subsection (b). 

18 ‘‘(3) Increased Federal involvement in, and 

19 commitment to, the prevention and prosecution of 

20 technology-facilitated child sexual exploitation of21 fenses or offenses involving child sexual abuse mate22 rial by— 

23 ‘‘(A) using technology to identify victims 

24 and serious offenders; 


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1 ‘‘(B) developing processes and tools to 

2 identify victims and offenders; and 

3 ‘‘(C) taking measures to improve informa4 tion sharing among Federal law enforcement 

5 agencies, including for the purposes of imple6 menting the plans and protocols described in 

7 paragraph (1)(C)(i)(II) to identify and rescue— 

8 ‘‘(i) victims of contact sexual offenses, 

9 child sexual exploitation offenses, and of10 fenses involving child sexual abuse mate11 rial; or 

12 ‘‘(ii) victims of serious offenders. 

13 ‘‘(4) The establishment, development, and im14 plementation of a nationally coordinated ‘Safer 

15 Internet Day’ every year developed in collaboration 

16 with the Department of Education, national and 

17 local internet safety organizations, parent organiza18 tions, social media companies, and schools to pro19 vide— 

20 ‘‘(A) national public awareness and evi21 dence-based educational programs about the 

22 threats posed by circle of trust offenders and 

23 the threat of contact sexual offenses, child sex24 ual exploitation offenses, or offenses involving 


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1 child sexual abuse material, and the use of 

2 technology to facilitate those offenses; 

3 ‘‘(B) information to parents and children 

4 about how to avoid or prevent technology-facili5 tated child sexual exploitation offenses; and 

6 ‘‘(C) information about how to report pos7 sible technology-facilitated child sexual exploi8 tation offenses or offenses involving child sexual 

9 abuse material through— 

10 ‘‘(i) the National Center for Missing 

11 and Exploited Children; 

12 ‘‘(ii) the ICAC Task Force Program; 

13 and 

14 ‘‘(iii) any other program that— 

15 ‘‘(I) raises national awareness 

16 about the threat of technology-facili17 tated child sexual exploitation offenses 

18 or offenses involving child sexual 

19 abuse material; and 

20 ‘‘(II) provides information to par21 ents and children seeking to report 

22 possible violations of technology-facili23 tated child sexual exploitation offenses 

24 or offenses involving child sexual 

25 abuse material. 


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1 ‘‘(e) EXPANSION OF PROJECT SAFE CHILDHOOD.— 

2 Notwithstanding subsection (d), funds authorized under 

3 this section may be also be used for the following pur4 poses: 

5 ‘‘(1) The addition of not less than 20 Assistant 

6 United States Attorneys at the Department of Jus7 tice, relative to the number of such positions as of 

8 the day before the date of enactment of the Project 

9 Safe Childhood Act, who shall be— 

10 ‘‘(A) dedicated to the prosecution of cases 

11 in connection with the Project Safe Childhood 

12 program set forth under subsection (b); and 

13 ‘‘(B) responsible for assisting and coordi14 nating the plans and protocols of each district 

15 under subsection (d)(1)(C)(i)(II). 

16 ‘‘(2) Such other additional and related purposes 

17 as the Attorney General determines appropriate. 

18 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

19 ‘‘(1) IN GENERAL.—For the purpose of car20 rying out this section, there are authorized to be ap21 propriated— 

22 ‘‘(A) for the activities described under 

23 paragraphs (1), (2), and (3) of subsection (d), 

24 $28,550,000 for each of fiscal years 2023 

25 through 2028; 


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1 ‘‘(B) for the activities described under sub2 section (d)(4), $4,000,000 for each of fiscal 

3 years 2023 through 2028; and 

4 ‘‘(C) for the activities described under sub5 section (e), $29,100,000 for each of fiscal years 

6 2023 through 2028. 

7 ‘‘(2) SUPPLEMENT, NOT SUPPLANT.—Amounts 

8 made available to State and local agencies, pro9 grams, and services under this section shall supple10 ment, and not supplant, other Federal, State, or 

11 local funds made available for those agencies, pro12 grams, and services.’’. 

13 SEC. 3. TECHNICAL CLARIFICATIONS. 

14 (a) IN GENERAL.—Title 18, United States Code, is 

15 amended— 

16 (1) in section 1201— 

17 (A) in subsection (a), in the matter pre18 ceding paragraph (1), by inserting ‘‘obtains by 

19 defrauding or deceiving any person,’’ after ‘‘ab20 ducts,’’; and 

21 (B) in subsection (g), by adding at the end 

22 the following: 

23 ‘‘(2) DEFENSE.—For an offense described in 

24 this subsection involving a victim who has not at25 tained the age of 16 years, it is not a defense that 


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1 the victim consented to the offender’s conduct unless 

2 the offender can establish by a preponderance of the 

3 evidence that the offender reasonably believed that 

4 the victim had attained the age of 16 years.’’; 

5 (2) in chapter 109A— 

6 (A) in section 2241— 

7 (i) in subsection (b)— 

8 (I) in paragraph (1)— 

9 (aa) by inserting ‘‘or 

10 causes’’ after ‘‘engages in’’; and 

11 (bb) by inserting ‘‘or by’’ 

12 after ‘‘a sexual act with’’; and 

13 (II) in paragraph (2)(B)— 

14 (aa) by inserting ‘‘or 

15 causes’’ after ‘‘engages in’’; and 

16 (bb) by inserting ‘‘or by’’ 

17 after ‘‘a sexual act with’’; 

18 (ii) in subsection (c)— 

19 (I) by striking ‘‘crosses a State 

20 line’’ and inserting ‘‘travels in inter21 state or foreign commerce’’; 

22 (II) by inserting ‘‘or cause’’ after 

23 ‘‘engage in’’; 


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1 (III) by inserting ‘‘or by’’ after 

2 ‘‘a sexual act with’’ each place it ap3 pears; 

4 (IV) by inserting ‘‘or by’’ after 

5 ‘‘subsections (a) and (b) with’’; 

6 (V) by inserting ‘‘or causes’’ 

7 after ‘‘engages in’’ each place it ap8 pears; and 

9 (VI) by inserting ‘‘or causing’’ 

10 after ‘‘so engaging’’; and 

11 (iii) in subsection (d), by inserting ‘‘or 

12 being caused to engage in’’ after ‘‘engaging 

13 in’’; 

14 (B) in section 2242— 

15 (i) in paragraph (2), in the matter 

16 preceding subparagraph (A)— 

17 (I) by inserting ‘‘or causes’’ after 

18 ‘‘engages in’’; and 

19 (II) by inserting ‘‘or by’’ after ‘‘a 

20 sexual act with’’; and 

21 (ii) in paragraph (3)— 

22 (I) by inserting ‘‘or causes’’ after 

23 ‘‘engages in’’; and 

24 (II) by inserting ‘‘or by’’ after ‘‘a 

25 sexual act with’’; 


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1 (C) in section 2243— 

2 (i) in subsection (a)— 

3 (I) in the matter preceding para4 graph (1)— 

5 (aa) by inserting ‘‘or 

6 causes’’ after ‘‘engages in’’; and 

7 (bb) by inserting ‘‘or by’’ 

8 after ‘‘a sexual act with’’; and 

9 (II) in paragraph (2), by insert10 ing ‘‘or causing’’ after ‘‘so engaging’’; 

11 (ii) in subsection (b)— 

12 (I) in the matter preceding para13 graph (1)— 

14 (aa) by inserting ‘‘or 

15 causes’’ after ‘‘engages in’’; and 

16 (bb) by inserting ‘‘or by’’ 

17 after ‘‘a sexual act with’’; and 

18 (II) in paragraph (2), by insert19 ing ‘‘or causing’’ after ‘‘so engaging’’; 

20 (iii) in subsection (c)— 

21 (I) by inserting ‘‘or causes’’ after 

22 ‘‘engages in’’; and 

23 (II) by inserting ‘‘or by’’ after ‘‘a 

24 sexual act with’’; and 

25 (iv) in subsection (e)— 


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1 (I) in paragraph (1), by inserting 

2 ‘‘or being caused to engage in’’ after 

3 ‘‘engaging in’’; and 

4 (II) in paragraph (2), by striking 

5 ‘‘between the persons so engaging’’ 

6 and inserting the following: ‘‘be7 tween— 

8 ‘‘(A) the defendant; and 

9 ‘‘(B) the person— 

10 ‘‘(i) with whom the defendant engaged 

11 in a sexual act; or 

12 ‘‘(ii) whom the defendant caused to 

13 engage in a sexual act’’; and 

14 (D) in section 2244(b)— 

15 (i) by inserting ‘‘or causes’’ after ‘‘en16 gages in’’; and 

17 (ii) by inserting ‘‘or by’’ after ‘‘sexual 

18 contact with’’; and 

19 (3) in section 2423(f)(1)— 

20 (A) by striking ‘‘a sexual act (as defined in 

21 section 2246) with’’ and inserting ‘‘any conduct 

22 involving’’; and 

23 (B) by striking ‘‘sexual act occurred’’ and 

24 inserting ‘‘conduct occurred’’. 


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1 (b) EFFECTIVE DATE.—The amendment to section 

2 2241(c) of title 18, United States Code, made by sub3 section (a)(2)(A)(ii)(I) of this section shall apply to con4 duct that occurred before, on, or after the date of enact5 ment of this Act. 

6 SEC. 4. SEXUAL EXPLOITATION AND OTHER ABUSE OF 

7 CHILDREN. 

8 Title 18 of the United States Code is amended— 

9 (1) in section 1466A— 

10 (A) in subsection (a)(1)(A), by inserting ‘‘, 

11 or includes a minor in such visual depiction of 

12 any adult engaging in sexually explicit conduct’’ 

13 after ‘‘sexually explicit conduct’’; and 

14 (B) in subsection (b)(1)(A), by inserting ‘‘, 

15 or includes a minor in such visual depiction of 

16 any adult engaging in sexually explicit conduct’’ 

17 after ‘‘sexually explicit conduct’’; 

18 (2) in chapter 109A— 

19 (A) in section 2244— 

20 (i) in subsection (a)— 

21 (I) by redesignating paragraphs 

22 (1) through (5) as subparagraphs (A) 

23 through (E), respectively, and adjust24 ing the margins accordingly; 


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1 (II) by striking ‘‘Whoever’’ and 

2 inserting the following: 

3 ‘‘(1) IN GENERAL.—Whoever’’; 

4 (III) in paragraph (1), as so des5 ignated— 

6 (aa) in the matter preceding 

7 subparagraph (A), as so redesig8 nated, by striking ‘‘if so to do’’ 

9 and inserting ‘‘if to do so’’; 

10 (bb) in subparagraph (A), as 

11 so redesignated, by striking 

12 ‘‘ten’’ and inserting ‘‘10’’; 

13 (cc) in subparagraph (B), as 

14 so redesignated, by striking 

15 ‘‘three’’ and inserting ‘‘10’ ’’; 

16 (dd) in subparagraph (C), as 

17 so redesignated, by striking 

18 ‘‘two’’ and inserting ‘‘5’’; and 

19 (ee) in subparagraph (D), as 

20 so redesignated, by striking 

21 ‘‘two’’ and inserting ‘‘5’’; and 

22 (IV) by adding at the end the fol23 lowing: 


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1 ‘‘(2) ATTEMPT.—Whoever attempts to commit 

2 an offense under paragraph (1) shall be subject to 

3 the same penalty as for a completed offense.’’; 

4 (ii) in subsection (b)— 

5 (I) by inserting ‘‘or causes’’ after 

6 ‘‘engages in’’; 

7 (II) by inserting ‘‘or by’’ after 

8 ‘‘sexual contact with’’; 

9 (III) by inserting ‘‘, or attempts 

10 to do so,’’ after ‘‘other person’s per11 mission’’; and 

12 (IV) by striking ‘‘two’’ and in13 serting ‘‘2’’; and 

14 (iii) in subsection (c), by striking ‘‘If 

15 the sexual contact that violates this section 

16 (other than subsection (a)(5)) is with an 

17 individual’’ and inserting ‘‘If the sexual 

18 contact or attempted sexual contact that a 

19 person engages in or causes in violation of 

20 this section (other than subsection 

21 (a)(1)(E)) is with or by an individual’’; 

22 and 

23 (B) in section 2246(2), by inserting after 

24 ‘‘16 years’’ the following: ‘‘, or of any person by 


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1 a person who has not attained the age of 16 

2 years,’’; and 

3 (3) in chapter 110— 

4 (A) in section 2251— 

5 (i) by striking subsections (a) and (b) 

6 and inserting the following: 

7 ‘‘(a) Any person who, in a circumstance described in 

8 subsection (f), engages in any of the following conduct 

9 shall be punished as provided under subsection (e): 

10 ‘‘(1) Employs, uses, persuades, induces, entices, 

11 or coerces a minor to engage in any sexually explicit 

12 conduct for the purpose of producing any visual de13 piction of such conduct or transmitting a live visual 

14 depiction of such conduct. 

15 ‘‘(2) Employs, uses, persuades, induces, entices, 

16 or coerces a minor to engage in any sexually explicit 

17 conduct and in the course thereof, knowingly pro18 duces or causes to be produced any visual depiction 

19 of such conduct, or transmits or causes to be trans20 mitted a live visual depiction of such conduct. 

21 ‘‘(3) Engages in sexually explicit conduct in the 

22 presence of a minor for the purpose of producing 

23 any visual depiction of such conduct or transmitting 

24 a live visual depiction of such conduct, intending 

25 that the minor be included in such visual depiction. 


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1 ‘‘(4) Engages in sexually explicit conduct in the 

2 presence of a minor and in the course thereof, know3 ingly produces or causes to be produced any visual 

4 depiction of such conduct, or transmits or causes to 

5 be transmitted a live visual depiction of such con6 duct, intentionally including the minor in such visual 

7 depiction. 

8 ‘‘(5) Has a minor assist any other person to en9 gage in any sexually explicit conduct during the 

10 commission of an offense set forth in paragraphs (1) 

11 through (4) of this subsection. 

12 ‘‘(6) Transports any minor in or affecting inter13 state or foreign commerce with the intent that such 

14 minor be used in the production or live transmission 

15 of any visual depiction of a minor engaged in any 

16 sexually explicit conduct. 

17 ‘‘(b) Any parent, legal guardian, or person who has 

18 custody or control of a minor and, in a circumstance de19 scribed in subsection (f), engages in any of the following 

20 conduct shall be punished as provided under subsection 

21 (e): 

22 ‘‘(1) Knowingly permits such minor to engage 

23 in, or to assist any other person to engage in, sexu24 ally explicit conduct— 


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1 ‘‘(A) for the purpose of producing any vis2 ual depiction of such conduct or transmitting a 

3 live visual depiction of such conduct; or 

4 ‘‘(B) knowing that any visual depiction of 

5 such conduct will be produced or transmitted. 

6 ‘‘(2) Knowingly permits an adult to engage in 

7 sexually explicit conduct in the presence of the 

8 minor— 

9 ‘‘(A) for the purpose of producing any vis10 ual depiction of such conduct or transmitting a 

11 live visual depiction of such conduct, intending 

12 that the minor be included in such visual depic13 tion; or 

14 ‘‘(B) knowing that any visual depiction of 

15 such conduct will be produced or transmitted, 

16 intentionally including the minor in such visual 

17 depiction.’’; 

18 (ii) in subsection (c)— 

19 (I) in paragraph (1)— 

20 (aa) by striking ‘‘employs, 

21 uses, persuades, induces, entices, 

22 or coerces any minor to engage 

23 in, or who has a minor assist any 

24 other person to engage in, any 

25 sexually explicit conduct’’ and inVerDate Sep 11 2014 23:29 May 15, 2023 Jkt 039200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6401 E:\BILLS\S1170.RS S1170

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1 serting ‘‘engages in any of the 

2 conduct described in paragraphs 

3 (1) through (5) of subsection 

4 (a)’’; and 

5 (bb) by striking ‘‘for the 

6 purpose of producing any visual 

7 depiction of such conduct,’’; and 

8 (II) in paragraph (2)— 

9 (aa) in subparagraph (A), 

10 by inserting ‘‘or transmitted’’ 

11 after ‘‘transported’’; and 

12 (bb) in subparagraph (B) by 

13 inserting ‘‘or transmits’’ after 

14 ‘‘transports’’; 

15 (iii) in subsection (d)(1), by striking 

16 subparagraph (A) and inserting the fol17 lowing: 

18 ‘‘(A) to receive, exchange, buy, produce, 

19 display, distribute, or reproduce, any visual de20 piction, if— 

21 ‘‘(i) the production of such visual de22 piction involves the use of a minor engag23 ing in sexually explicit conduct and such 

24 visual depiction is of such conduct; or 


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1 ‘‘(ii) the production of such visual de2 piction involves an adult engaging in sexu3 ally explicit conduct in the presence of a 

4 minor, such visual depiction is of such con5 duct, and the minor is intentionally in6 cluded in the visual depiction; or’’; and 

7 (iv) by adding at the end the fol8 lowing: 

9 ‘‘(f) CIRCUMSTANCES.—The circumstance referred to 

10 in subsections (a) and (b) is that— 

11 ‘‘(1) the person knows or has reason to know 

12 that the visual depiction will be— 

13 ‘‘(A) transported or transmitted using any 

14 means or facility of interstate or foreign com15 merce; 

16 ‘‘(B) transported or transmitted in or af17 fecting interstate or foreign commerce; or 

18 ‘‘(C) mailed; 

19 ‘‘(2) the visual depiction was produced or trans20 mitted using materials that have been— 

21 ‘‘(A) mailed; or 

22 ‘‘(B) shipped or transported in or affecting 

23 interstate or foreign commerce by any means, 

24 including by computer; 

25 ‘‘(3) the visual depiction has actually been— 


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1 ‘‘(A) transported or transmitted using any 

2 means or facility of interstate or foreign com3 merce; 

4 ‘‘(B) transported or transmitted in or af5 fecting interstate or foreign commerce; or 

6 ‘‘(C) mailed; or 

7 ‘‘(4) any part of the offense occurred in a terri8 tory or possession of the United States or within the 

9 special maritime and territorial jurisdiction of the 

10 United States.’’; 

11 (B) in section 2251A— 

12 (i) in subsection (a)— 

13 (I) in the matter preceding para14 graph (1), by inserting ‘‘ or control’’ 

15 after ‘‘transfer custody’’; 

16 (II) by striking paragraph (1) 

17 and inserting the following: 

18 ‘‘(1) with knowledge that, as a consequence of 

19 the sale or transfer, the minor will be— 

20 ‘‘(A) portrayed in any visual depiction en21 gaging in, or assisting another person to engage 

22 in, sexually explicit conduct; or 

23 ‘‘(B) intentionally included in any visual 

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1 plicit conduct in the presence of the minor; or’’; 

2 and 

3 (III) in paragraph (2)— 

4 (aa) in the matter preceding 

5 subparagraph (A), by striking 

6 ‘‘either’’; 

7 (bb) in subparagraph (A), 

8 by striking ‘‘or’’ at the end; 

9 (cc) in subparagraph (B), by 

10 adding ‘‘or’’ at the end; and 

11 (dd) by inserting after sub12 paragraph (B) the following: 

13 ‘‘(C) the intentional inclusion of the minor 

14 in any visual depiction of an adult engaging in 

15 sexually explicit conduct in the presence of the 

16 minor;’’ and 

17 (ii) in subsection (b)— 

18 (I) by striking paragraph (1) and 

19 inserting the following: 

20 ‘‘(1) with knowledge that, as a consequence of 

21 the purchase or obtaining of custody or control, the 

22 minor will be— 

23 ‘‘(A) portrayed in any visual depiction en24 gaging in, or assisting another person to engage 

25 in, sexually explicit conduct; or 


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1 ‘‘(B) intentionally included in any visual 

2 depiction of an adult engaging in sexually ex3 plicit conduct in the presence of the minor; or’’; 

4 and 

5 (II) in paragraph (2)— 

6 (aa) in the matter preceding 

7 subparagraph (A), by striking 

8 ‘‘either’’; 

9 (bb) in subparagraph (A), 

10 by striking ‘‘or’’ at the end; 

11 (cc) in subparagraph (B), by 

12 adding ‘‘or’’ at the end; and 

13 (dd) by inserting after sub14 paragraph (B) the following: 

15 ‘‘(C) the intentional inclusion of the minor 

16 in any visual depiction of an adult engaging in 

17 sexually explicit conduct in the presence of the 

18 minor;’’; 

19 (C) in section 2252(a)— 

20 (i) in paragraph (1), by striking sub21 paragraphs (A) and (B) and inserting the 

22 following: 

23 ‘‘(A) the producing of such visual depiction 

24 involves the use of a minor engaging in sexually 


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1 explicit conduct and such visual depiction is of 

2 such conduct; or 

3 ‘‘(B) the producing of such visual depiction 

4 involves an adult engaging in sexually explicit 

5 conduct in the presence of a minor, such visual 

6 depiction is of such conduct, and the minor is 

7 intentionally included in the visual depiction;’’; 

8 (ii) in paragraph (2), by striking sub9 paragraphs (A) and (B) and inserting the 

10 following: 

11 ‘‘(A) the producing of such visual depiction 

12 involves the use of a minor engaging in sexually 

13 explicit conduct and such visual depiction is of 

14 such conduct; or 

15 ‘‘(B) the producing of such visual depiction 

16 involves an adult engaging in sexually explicit 

17 conduct in the presence of a minor, such visual 

18 depiction is of such conduct, and the minor is 

19 intentionally included in the visual depiction;’’; 

20 (iii) in paragraph (3)(B), by striking 

21 clauses (i) and (ii) and inserting the fol22 lowing: 

23 ‘‘(i) the producing of such visual de24 piction involves the use of a minor engagVerDate Sep 11 2014 23:29 May 15, 2023 Jkt 039200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6401 E:\BILLS\S1170.RS S1170

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1 ing in sexually explicit conduct and such 

2 visual depiction is of such conduct; or 

3 ‘‘(ii) the producing of such visual de4 piction involves an adult engaging in sexu5 ally explicit conduct in the presence of a 

6 minor, such visual depiction is of such con7 duct, and the minor is intentionally in8 cluded in the visual depiction;’’; and 

9 (iv) in paragraph (4)(B), by striking 

10 clauses (i) and (ii) and inserting the fol11 lowing: 

12 ‘‘(i) the producing of such visual de13 piction involves the use of a minor engag14 ing in sexually explicit conduct and such 

15 visual depiction is of such conduct; or 

16 ‘‘(ii) the producing of such visual de17 piction involves an adult engaging in sexu18 ally explicit conduct in the presence of a 

19 minor, such visual depiction is of such con20 duct, and the minor is intentionally in21 cluded in the visual depiction;’’; 

22 (D) in section 2256— 

23 (i) in paragraph (8)— 

24 (I) by striking subparagraph (A) 

25 and inserting the following: 


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1 ‘‘(A) the production of such visual depic2 tion involves— 

3 ‘‘(i) the use of a minor engaging in 

4 sexually explicit conduct; or 

5 ‘‘(ii) an adult engaging in sexually ex6 plicit conduct in the presence of a minor 

7 and the intentional inclusion of the minor 

8 in the visual depiction;’’ and 

9 (II) in subparagraph (B), by in10 serting after ‘‘sexually explicit con11 duct’’ the following: ‘‘or that of a 

12 minor intentionally included in such 

13 visual depiction of an adult engaging 

14 in sexually explicit conduct’’; and 

15 (III) in subparagraph (C), by in16 serting after ‘‘sexually explicit con17 duct.’’ the following: ‘‘or is inten18 tionally included in such visual depic19 tion of an adult engaging in sexually 

20 explicit conduct’’; 

21 (ii) in paragraph (9), by striking the 

22 period at the end and inserting a semi23 colon; 

24 (iii) in paragraph (10), by striking 

25 ‘‘and’’ at the end; 


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1 (iv) in paragraph (11), by striking the 

2 period at the end and inserting ‘‘; and’’; 

3 and 

4 (v) adding at the end the following: 

5 ‘‘(12) the terms ‘uses any minor to engage in’, 

6 ‘the use of a minor engaging in’, and ‘in the pres7 ence of a minor’ do not require— 

8 ‘‘(A) the minor to be aware of, or to be ca9 pable of appraising the nature of, the sexually 

10 explicit conduct; or 

11 ‘‘(B) any direct engagement or active par12 ticipation by the minor in the sexually explicit 

13 conduct.’’; and 

14 (E) in section 2260— 

15 (i) by striking subsection (a) and in16 serting the following: 

17 ‘‘(a) USE OF MINOR.—A person who, outside the 

18 United States, engages in any of the following conduct, 

19 intending that the visual depiction will be imported or 

20 transmitted into the United States or into waters within 

21 12 miles of the coast of the United States, shall be pun22 ished as provided in subsection (c): 

23 ‘‘(1) Employs, uses, persuades, induces, entices, 

24 or coerces a minor to engage in any sexually explicit 

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1 piction of such conduct or transmitting a live visual 

2 depiction of such conduct. 

3 ‘‘(2) Employs, uses, persuades, induces, entices, 

4 or coerces a minor to engage in any sexually explicit 

5 conduct and in the course thereof, knowingly pro6 duces or causes to be produced any visual depiction 

7 of such conduct, or transmits or causes to be trans8 mitted a live visual depiction of such conduct. 

9 ‘‘(3) Engages in sexually explicit conduct in the 

10 presence of a minor for the purpose of producing 

11 any visual depiction of such conduct or transmitting 

12 a live visual depiction of such conduct, intending 

13 that the minor be included in such visual depiction. 

14 ‘‘(4) Engages in sexually explicit conduct in the 

15 presence of a minor and in the course thereof, know16 ingly produces or causes to be produced any visual 

17 depiction of such conduct, or transmits or causes to 

18 be transmitted a live visual depiction of such con19 duct, intentionally including the minor in such visual 

20 depiction. 

21 ‘‘(5) Has a minor assist any other person to en22 gage in any sexually explicit conduct during the 

23 commission of an offense set forth in paragraphs (1) 

24 through (4) of this subsection. 


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1 ‘‘(6) Transports any minor in or affecting for2 eign commerce with the intent that such minor be 

3 used in the production or live transmission of any 

4 visual depiction of a minor engaged in any sexually 

5 explicit conduct.’’; and 

6 (ii) in subsection (b), by striking ‘‘vis7 ual depiction of a minor engaging in sexu8 ally explicit conduct (if the production of 

9 the visual depiction involved the use of a 

10 minor engaging in sexually explicit con11 duct), intending that the visual depiction’’ 

12 and inserting ‘‘child pornography (as de13 fined in section 2256(8)(A)), intending 

14 that the child pornography’’. 

15 SECTION 1. SHORT TITLE. 

16 This Act may be cited as the ‘‘Project Safe Childhood 

17 Act’’. 

18 SEC. 2. PROJECT SAFE CHILDHOOD MODERNIZATION. 

19 Section 143 of the Adam Walsh Child Protection and 

20 Safety Act of 2006 (34 U.S.C. 20942) is amended to read 

21 as follows: 

22 ‘‘SEC. 143. PROJECT SAFE CHILDHOOD. 

23 ‘‘(a) DEFINITIONS.—In this section: 

24 ‘‘(1) CHILD SEXUAL ABUSE MATERIAL.—The 

25 term ‘child sexual abuse material’ has the meaning 


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1 given the term ‘child pornography’ in section 2256 of 

2 title 18, United States Code. 

3 ‘‘(2) CHILD SEXUAL EXPLOITATION OFFENSE.— 

4 The term ‘child sexual exploitation offense’ means— 

5 ‘‘(A)(i) an offense involving a minor under 

6 section 1591 or chapter 117 of title 18, United 

7 States Code; 

8 ‘‘(ii) an offense under subsection (a), (b), or 

9 (c) of section 2251 of title 18, United States 

10 Code; 

11 ‘‘(iii) an offense under section 2251A or 

12 2252A(g) of title 18, United States Code; or 

13 ‘‘(iv) any attempt or conspiracy to commit 

14 an offense described in clause (i) or (ii); or 

15 ‘‘(B) an offense involving a minor under a 

16 State or Tribal statute that is similar to a provi17 sion described in subparagraph (A). 

18 ‘‘(3) CIRCLE OF TRUST OFFENDER.—The term 

19 ‘circle of trust offender’ means an offender who is re20 lated to, or in a position of trust, authority, or super21 visory control with respect to, a child. 

22 ‘‘(4) COMPUTER.—The term ‘computer’ has the 

23 meaning given the term in section 1030 of title 18, 

24 United States Code. 


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1 ‘‘(5) CONTACT SEXUAL OFFENSE.—The term 

2 ‘contact sexual offense’ means— 

3 ‘‘(A) an offense involving a minor under 

4 chapter 109A of title 18, United States Code, or 

5 any attempt or conspiracy to commit such an of6 fense; or 

7 ‘‘(B) an offense involving a minor under a 

8 State or Tribal statute that is similar to a provi9 sion described in subparagraph (A). 

10 ‘‘(6) DUAL OFFENDER.—The term ‘dual offender’ 

11 means— 

12 ‘‘(A) a person who commits— 

13 ‘‘(i) a technology-facilitated child sex14 ual exploitation offense or an offense involv15 ing child sexual abuse material; and 

16 ‘‘(ii) a contact sexual offense; and 

17 ‘‘(B) without regard to whether the offenses 

18 described in clauses (i) and (ii) of subparagraph 

19 (A)— 

20 ‘‘(i) are committed as part of the same 

21 course of conduct; or 

22 ‘‘(ii) involve the same victim. 

23 ‘‘(7) FACILITATOR.—The term ‘facilitator’ means 

24 an individual who facilitates the commission by an25 other individual of— 


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1 ‘‘(A) a technology-facilitated child sexual 

2 exploitation offense or an offense involving child 

3 sexual abuse material; or 

4 ‘‘(B) a contact sexual offense. 

5 ‘‘(8) ICAC AFFILIATE PARTNER.—The term 

6 ‘ICAC affiliate partner’ means a law enforcement 

7 agency that has entered into a formal operating 

8 agreement with the ICAC Task Force Program. 

9 ‘‘(9) ICAC TASK FORCE.—The term ‘ICAC task 

10 force’ means a task force that is part of the ICAC 

11 Task Force Program. 

12 ‘‘(10) ICAC TASK FORCE PROGRAM.—The term 

13 ‘ICAC Task Force Program’ means the National 

14 Internet Crimes Against Children Task Force Pro15 gram established under section 102 of the PROTECT 

16 Our Children Act of 2008 (34 U.S.C. 21112). 

17 ‘‘(11) OFFENSE INVOLVING CHILD SEXUAL ABUSE

18 MATERIAL.—The term ‘offense involving child sexual 

19 abuse material’ means— 

20 ‘‘(A) an offense under section 2251(d), sec21 tion 2252, or paragraphs (1) through (6) of sec22 tion 2252A(a) of title 18, United States Code, or 

23 any attempt or conspiracy to commit such an of24 fense; or 


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1 ‘‘(B) an offense under a State or Tribal 

2 statute that is similar to a provision described 

3 in subparagraph (A). 

4 ‘‘(12) SERIOUS OFFENDER.—The term ‘serious 

5 offender’ means— 

6 ‘‘(A) an offender who has committed a con7 tact sexual offense or child sexual exploitation of8 fense; 

9 ‘‘(B) a dual offender, circle of trust offender, 

10 or facilitator; or 

11 ‘‘(C) an offender with a prior conviction for 

12 a contact sexual offense, a child sexual exploi13 tation offense, or an offense involving child sex14 ual abuse material. 

15 ‘‘(13) STATE.—The term ‘State’ means a State 

16 of the United States, the District of Columbia, and 

17 any commonwealth, territory, or possession of the 

18 United States. 

19 ‘‘(14) TECHNOLOGY-FACILITATED.—The term 

20 ‘technology-facilitated’, with respect to an offense, 

21 means an offense that is committed through the use 

22 of a computer, even if the use of a computer is not 

23 an element of the offense. 

24 ‘‘(b) ESTABLISHMENT OF PROGRAM.—The Attorney 

25 General shall create and maintain a nationwide initiative 


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1 to align Federal, State, and local entities to combat the 

2 growing epidemic of online child sexual exploitation and 

3 abuse, to be known as the ‘Project Safe Childhood program’, 

4 in accordance with this section. 

5 ‘‘(c) BEST PRACTICES.—The Attorney General, in co6 ordination with the Child Exploitation and Obscenity Sec7 tion of the Criminal Division of the Department of Justice 

8 and the Office of Juvenile Justice and Delinquency Preven9 tion of the Department of Justice, and in consultation with 

10 training and technical assistance providers under the ICAC 

11 Task Force Program who are funded by the Attorney Gen12 eral and with appropriate nongovernmental organizations, 

13 shall— 

14 ‘‘(1) develop best practices to adopt a balanced 

15 approach to the investigation of suspect leads involv16 ing contact sexual offenses, child sexual exploitation 

17 offenses, and offenses involving child sexual abuse ma18 terial, and the prosecution of those offenses, 

19 prioritizing when feasible the identification of a child 

20 victim or a serious offender, which approach shall in21 corporate the use of— 

22 ‘‘(A) proactively generated leads, including 

23 leads generated by current and emerging tech24 nology; 

25 ‘‘(B) in-district investigative referrals; and 


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1 ‘‘(C) CyberTipline reports from the Na2 tional Center for Missing and Exploited Chil3 dren; 

4 ‘‘(2) develop best practices to be used by each 

5 United States Attorney and ICAC task force to assess 

6 the likelihood that an individual could be a serious of7 fender or that a child victim may be identified; 

8 ‘‘(3) develop and implement a tracking and com9 munication system for Federal, State, and local law 

10 enforcement agencies and prosecutor’s offices to report 

11 successful cases of victim identification and child res12 cue to the Department of Justice and the public; and 

13 ‘‘(4) encourage the submission of all lawfully 

14 seized visual depictions to the Child Victim Identi15 fication Program of the National Center for Missing 

16 and Exploited Children. 

17 ‘‘(d) IMPLEMENTATION.—Except as authorized under 

18 subsection (e), funds authorized under this section may only 

19 be used for the following 4 purposes: 

20 ‘‘(1) Integrated Federal, State, and local efforts 

21 to investigate and prosecute contact sexual offenses, 

22 child sexual exploitation offenses, and offenses involv23 ing child sexual abuse material, including— 

24 ‘‘(A) the partnership by each United States 

25 Attorney with each Internet Crimes Against 


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1 Children Task Force within the district of such 

2 attorney; 

3 ‘‘(B) training of Federal, State, and local 

4 law enforcement officers and prosecutors 

5 through— 

6 ‘‘(i) programs facilitated by the ICAC 

7 Task Force Program; 

8 ‘‘(ii) ICAC training programs sup9 ported by the Office of Juvenile Justice and 

10 Delinquency Prevention of the Department 

11 of Justice; 

12 ‘‘(iii) programs facilitated by appro13 priate nongovernmental organizations with 

14 subject matter expertise, technical skill, or 

15 technological tools to assist in the identifica16 tion of and response to serious offenders, 

17 contact sexual offenses, child sexual exploi18 tation offenses, or offenses involving child 

19 sexual abuse material; and 

20 ‘‘(iv) any other program that provides 

21 training— 

22 ‘‘(I) on the investigation and 

23 identification of serious offenders or 

24 victims of contact sexual offenses, child 

25 sexual exploitation offenses, or offenses 


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1 involving child sexual abuse material; 

2 or 

3 ‘‘(II) that specifically addresses 

4 the use of existing and emerging tech5 nologies to commit or facilitate contact 

6 sexual offenses, child sexual exploi7 tation offenses, or offenses involving 

8 child sexual abuse material; 

9 ‘‘(C) the development by each United States 

10 Attorney of a district-specific strategic plan to 

11 coordinate with State and local law enforcement 

12 agencies and prosecutor’s offices, including ICAC 

13 task forces and their ICAC affiliate partners, on 

14 the investigation of suspect leads involving seri15 ous offenders, contact sexual offenses, child sexual 

16 exploitation offenses, and offenses involving child 

17 sexual abuse material, and the prosecution of 

18 those offenders and offenses, which plan— 

19 ‘‘(i) shall include— 

20 ‘‘(I) the use of the best practices 

21 developed under paragraphs (1) and 

22 (2) of subsection (c); 

23 ‘‘(II) the development of plans 

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1 ous offenders or the identification and 

2 rescue of a victim of a contact sexual 

3 offense, a child sexual exploitation of4 fense, or an offense involving child sex5 ual abuse material; 

6 ‘‘(III) the use of training and 

7 technical assistance programs to incor8 porate victim-centered, trauma-in9 formed practices in cases involving vic10 tims of contact sexual offenses, child 

11 sexual exploitation offenses, and of12 fenses involving child sexual abuse ma13 terial, which may include the use of 

14 child protective services, children’s ad15 vocacy centers, victim support special16 ists, or other supportive services; 

17 ‘‘(IV) the development of plans to 

18 track, report, and clearly communicate 

19 successful cases of victim identification 

20 and child rescue to the Department of 

21 Justice and the public; 

22 ‘‘(V) an analysis of the investiga23 tive and forensic capacity of law en24 forcement agencies and prosecutor’s ofVerDate Sep 11 2014 23:29 May 15, 2023 Jkt 039200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6203 E:\BILLS\S1170.RS S1170

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1 fices within the district, and goals for 

2 improving capacity and effectiveness; 

3 ‘‘(VI) a written policy describing 

4 the criteria for referrals for prosecution 

5 from Federal, State, or local law en6 forcement agencies, particularly when 

7 the investigation may involve a poten8 tial serious offender or the identifica9 tion or rescue of a child victim; 

10 ‘‘(VII) plans and budgets for 

11 training of relevant personnel on con12 tact sexual offenses, child sexual exploi13 tation offenses, and offenses involving 

14 child sexual abuse material; 

15 ‘‘(VIII) plans for coordination 

16 and cooperation with State, local, and 

17 Tribal law enforcement agencies and 

18 prosecutorial offices; and 

19 ‘‘(IX) evidence-based programs 

20 that educate the public about and in21 crease awareness of such offenses; and 

22 ‘‘(ii) shall be developed in consultation, 

23 as appropriate, with— 

24 ‘‘(I) the local ICAC task force; 


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1 ‘‘(II) the United States Marshals 

2 Service Sex Offender Targeting Center; 

3 ‘‘(III) training and technical as4 sistance providers under the ICAC 

5 Task Force Program who are funded 

6 by the Attorney General; 

7 ‘‘(IV) nongovernmental organiza8 tions with subject matter expertise, 

9 technical skill, or technological tools to 

10 assist in the identification of and re11 sponse to contact sexual offenses, child 

12 sexual exploitation offenses, or offenses 

13 involving child sexual abuse material; 

14 ‘‘(V) any relevant component of 

15 Homeland Security Investigations; 

16 ‘‘(VI) any relevant component of 

17 the Federal Bureau of Investigation; 

18 ‘‘(VII) the Office of Juvenile Jus19 tice and Delinquency Prevention of the 

20 Department of Justice; 

21 ‘‘(VIII) the Child Exploitation 

22 and Obscenity Section of the Criminal 

23 Division of the Department of Justice; 

24 ‘‘(IX) the United States Postal In25 spection Service; 


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1 ‘‘(X) the United States Secret 

2 Service; and 

3 ‘‘(XI) each military criminal in4 vestigation organization of the Depart5 ment of Defense; and 

6 ‘‘(D) a quadrennial assessment by each 

7 United States Attorney of the investigations 

8 within the district of such attorney of contact 

9 sexual offenses, child sexual exploitation offenses, 

10 and offenses involving child sexual abuse mate11 rial— 

12 ‘‘(i) with consideration of— 

13 ‘‘(I) the variety of sources for 

14 leads; 

15 ‘‘(II) the proportion of work in16 volving proactive or undercover law 

17 enforcement investigations; 

18 ‘‘(III) the number of serious of19 fenders identified and prosecuted; and 

20 ‘‘(IV) the number of children iden21 tified or rescued; and 

22 ‘‘(ii) information from which may be 

23 used by the United States Attorney, as ap24 propriate, to revise the plan described in 

25 subparagraph (C). 


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1 ‘‘(2) Major case coordination by the Department 

2 of Justice (or other Federal agencies as appropriate), 

3 including specific cooperation, as appropriate, with— 

4 ‘‘(A) the Child Exploitation and Obscenity 

5 Section of the Criminal Division of the Depart6 ment of Justice; 

7 ‘‘(B) any relevant component of Homeland 

8 Security Investigations; 

9 ‘‘(C) any relevant component of the Federal 

10 Bureau of Investigation; 

11 ‘‘(D) the ICAC task forces and ICAC affil12 iate partners; 

13 ‘‘(E) the United States Marshals Service, 

14 including the Sex Offender Targeting Center; 

15 ‘‘(F) the United States Postal Inspection 

16 Service; 

17 ‘‘(G) the United States Secret Service; 

18 ‘‘(H) each Military Criminal Investigation 

19 Organization of the Department of Defense; and 

20 ‘‘(I) any task forces established in connec21 tion with the Project Safe Childhood program set 

22 forth under subsection (b). 

23 ‘‘(3) Increased Federal involvement in, and com24 mitment to, the prevention and prosecution of techVerDate Sep 11 2014 23:29 May 15, 2023 Jkt 039200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6203 E:\BILLS\S1170.RS S1170

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1 nology-facilitated child sexual exploitation offenses or 

2 offenses involving child sexual abuse material by— 

3 ‘‘(A) using technology to identify victims 

4 and serious offenders; 

5 ‘‘(B) developing processes and tools to iden6 tify victims and offenders; and 

7 ‘‘(C) taking measures to improve informa8 tion sharing among Federal law enforcement 

9 agencies, including for the purposes of imple10 menting the plans and protocols described in 

11 paragraph (1)(C)(i)(II) to identify and rescue— 

12 ‘‘(i) victims of contact sexual offenses, 

13 child sexual exploitation offenses, and of14 fenses involving child sexual abuse material; 

15 or 

16 ‘‘(ii) victims of serious offenders. 

17 ‘‘(4) The establishment, development, and imple18 mentation of a nationally coordinated ‘Safer Internet 

19 Day’ every year developed in collaboration with the 

20 Department of Education, national and local internet 

21 safety organizations, parent organizations, social 

22 media companies, and schools to provide— 

23 ‘‘(A) national public awareness and evi24 dence-based educational programs about the 

25 threats posed by circle of trust offenders and the 


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1 threat of contact sexual offenses, child sexual ex2 ploitation offenses, or offenses involving child 

3 sexual abuse material, and the use of technology 

4 to facilitate those offenses; 

5 ‘‘(B) information to parents and children 

6 about how to avoid or prevent technology-facili7 tated child sexual exploitation offenses; and 

8 ‘‘(C) information about how to report pos9 sible technology-facilitated child sexual exploi10 tation offenses or offenses involving child sexual 

11 abuse material through— 

12 ‘‘(i) the National Center for Missing 

13 and Exploited Children; 

14 ‘‘(ii) the ICAC Task Force Program; 

15 and 

16 ‘‘(iii) any other program that— 

17 ‘‘(I) raises national awareness 

18 about the threat of technology-facili19 tated child sexual exploitation offenses 

20 or offenses involving child sexual abuse 

21 material; and 

22 ‘‘(II) provides information to par23 ents and children seeking to report pos24 sible violations of technology-facilitated 

25 child sexual exploitation offenses or ofVerDate Sep 11 2014 23:29 May 15, 2023 Jkt 039200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6203 E:\BILLS\S1170.RS S1170

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1 fenses involving child sexual abuse ma2 terial. 

3 ‘‘(e) EXPANSION OF PROJECT SAFE CHILDHOOD.— 

4 Notwithstanding subsection (d), funds authorized under this 

5 section may be also be used for the following purposes: 

6 ‘‘(1) The addition of not less than 20 Assistant 

7 United States Attorneys at the Department of Justice, 

8 relative to the number of such positions as of the day 

9 before the date of enactment of the Project Safe Child10 hood Act, who shall be— 

11 ‘‘(A) dedicated to the prosecution of cases in 

12 connection with the Project Safe Childhood pro13 gram set forth under subsection (b); and 

14 ‘‘(B) responsible for assisting and coordi15 nating the plans and protocols of each district 

16 under subsection (d)(1)(C)(i)(II). 

17 ‘‘(2) Such other additional and related purposes 

18 as the Attorney General determines appropriate. 

19 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

20 ‘‘(1) IN GENERAL.—For the purpose of carrying 

21 out this section, there are authorized to be appro22 priated— 

23 ‘‘(A) for the activities described under para24 graphs (1), (2), and (3) of subsection (d), 


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1 $28,550,000 for each of fiscal years 2023 through 

2 2028; 

3 ‘‘(B) for the activities described under sub4 section (d)(4), $4,000,000 for each of fiscal years 

5 2023 through 2028; and 

6 ‘‘(C) for the activities described under sub7 section (e), $29,100,000 for each of fiscal years 

8 2023 through 2028. 

9 ‘‘(2) SUPPLEMENT, NOT SUPPLANT.—Amounts 

10 made available to State and local agencies, programs, 

11 and services under this section shall supplement, and 

12 not supplant, other Federal, State, or local funds 

13 made available for those agencies, programs, and 

14 services.’’. 


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Calendar No. 68 

118TH CONGRESS 

1ST SESSION S. 1170 

A BILL 

Childhood program, and for other purposes. 

To reauthorize and update the Project Safe 

MAY 15, 2023 

Reported with an amendment 


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