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119th Congress

Title 34 — Crime Control and Law Enforcement

Part B · Chapter 209 — Child Protection and Safety

§ 20942. Project Safe Childhood

Statutory text

(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.

(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;

(ii)

an offense under subsection (a), (b), or (c) of section 2251 of title 18;

(iii)

an offense under section 2251A or 2252A(g) of title 18; 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.

(5)

Contact sexual offense

The term “contact sexual offense” means—

(A)

an offense involving a minor under chapter 109A of title 18, 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 21112 of this title.

(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, or any attempt or conspiracy to commit such an offense; or

(B)

an offense under a State or Tribal statute that is similar to a provision described in subparagraph (A).

(12)

Serious offender

The term “serious offender” means—

(A)

an offender who has committed a contact sexual offense or child sexual exploitation offense;

(B)

a dual offender, circle of trust offender, or facilitator; or

(C)

an offender with a prior conviction for a contact sexual offense, a child sexual exploitation offense, or an offense involving child sexual abuse material.

(13)

State

The term “State” means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

(14)

Technology-facilitated

The term “technology-facilitated”, with respect to an offense, means an offense that is committed through the use of a computer, even if the use of a computer is not an element of the offense.

(b)

Establishment of program

The Attorney General shall create and maintain a nationwide initiative to align Federal, State, and local entities to combat the growing epidemic of online child sexual exploitation and abuse, to be known as the “Project Safe Childhood program”, in accordance with this section.

(c)

Best practices

The Attorney General, in coordination with the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice and the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice, and in consultation with training and technical assistance providers under the ICAC Task Force Program who are funded by the Attorney General and with appropriate nongovernmental organizations, shall—

(1)

develop best practices to adopt a balanced approach to the investigation of suspect leads involving contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, and the prosecution of those offenses, prioritizing when feasible the identification of a child victim or a serious offender, which approach shall incorporate the use of—

(A)

proactively generated leads, including leads generated by current and emerging technology;

(B)

in-district investigative referrals; and

(C)

CyberTipline reports from the National Center for Missing and Exploited Children;

(2)

develop best practices to be used by each United States Attorney and ICAC task force to assess the likelihood that an individual could be a serious offender or that a child victim may be identified;

(3)

develop and implement a tracking and communication system for Federal, State, and local law enforcement agencies and prosecutor’s offices to report successful cases of victim identification and child rescue to the Department of Justice and the public; and

(4)

encourage the submission of all lawfully seized visual depictions to the Child Victim Identification Program of the National Center for Missing and Exploited Children.

(d)

Implementation

Except as authorized under subsection (e), funds authorized under this section may only be used for the following 4 purposes:

(1)

Integrated Federal, State, and local efforts to investigate and prosecute contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, including—

(A)

the partnership by each United States Attorney with each Internet Crimes Against Children Task Force within the district of such attorney;

(B)

training of Federal, State, and local law enforcement officers and prosecutors through—

(i)

programs facilitated by the ICAC Task Force Program;

(ii)

ICAC training programs supported by the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice;

(iii)

programs facilitated by appropriate nongovernmental organizations with subject matter expertise, technical skill, or technological tools to assist in the identification of and response to serious offenders, contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material; and

(iv)

any other program that provides training—

(I)

on the investigation and identification of serious offenders or victims of contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material; or

(II)

that specifically addresses the use of existing and emerging technologies to commit or facilitate contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material;

(C)

the development by each United States Attorney of a district-specific strategic plan to coordinate with State and local law enforcement agencies and prosecutor’s offices, including ICAC task forces and their ICAC affiliate partners, on the investigation of suspect leads involving serious offenders, contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, and the prosecution of those offenders and offenses, which plan—

(i)

shall include—

(I)

the use of the best practices developed under paragraphs (1) and (2) of subsection (c);

(II)

the development of plans and protocols to target and rapidly investigate cases involving potential serious offenders or the identification and rescue of a victim of a contact sexual offense, a child sexual exploitation offense, or an offense involving child sexual abuse material;

(III)

the use of training and technical assistance programs to incorporate victim-centered, trauma-informed practices in cases involving victims of contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, which may include the use of child protective services, children’s advocacy centers, victim support specialists, or other supportive services;

(IV)

the development of plans to track, report, and clearly communicate successful cases of victim identification and child rescue to the Department of Justice and the public;

(V)

an analysis of the investigative and forensic capacity of law enforcement agencies and prosecutor’s offices within the district, and goals for improving capacity and effectiveness;

(VI)

a written policy describing the criteria for referrals for prosecution from Federal, State, or local law enforcement agencies, particularly when the investigation may involve a potential serious offender or the identification or rescue of a child victim;

(VII)

plans and budgets for training of relevant personnel on contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material;

(VIII)

plans for coordination and cooperation with State, local, and Tribal law enforcement agencies and prosecutorial offices; and

(IX)

evidence-based programs that educate the public about and increase awareness of such offenses; and

(ii)

shall be developed in consultation, as appropriate, with—

(I)

the local ICAC task force;

(II)

the United States Marshals Service Sex Offender Targeting Center;

(III)

training and technical assistance providers under the ICAC Task Force Program who are funded by the Attorney General;

(IV)

nongovernmental organizations with subject matter expertise, technical skill, or technological tools to assist in the identification of and response to contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material;

(V)

any relevant component of Homeland Security Investigations;

(VI)

any relevant component of the Federal Bureau of Investigation;

(VII)

the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice;

(VIII)

the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice;

(IX)

the United States Postal Inspection Service;

(X)

the United States Secret Service; and

(XI)

each military criminal investigation organization of the Department of Defense; and

(D)

a quadrennial assessment by each United States Attorney of the investigations within the district of such attorney of contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material—

(i)

with consideration of—

(I)

the variety of sources for leads;

(II)

the proportion of work involving proactive or undercover law enforcement investigations;

(III)

the number of serious offenders identified and prosecuted; and

(IV)

the number of children identified or rescued; and

(ii)

information from which may be used by the United States Attorney, as appropriate, to revise the plan described in subparagraph (C).

(2)

Major case coordination by the Department of Justice (or other Federal agencies as appropriate), including specific cooperation, as appropriate, with—

(A)

the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice;

(B)

any relevant component of Homeland Security Investigations;

(C)

any relevant component of the Federal Bureau of Investigation;

(D)

the ICAC task forces and ICAC affiliate partners;

(E)

the United States Marshals Service, including the Sex Offender Targeting Center;

(F)

the United States Postal Inspection Service;

(G)

the United States Secret Service;

(H)

each Military Criminal Investigation Organization of the Department of Defense; and

(I)

any task forces established in connection with the Project Safe Childhood program set forth under subsection (b).

(3)

Increased Federal involvement in, and commitment to, the prevention and prosecution of technology-facilitated child sexual exploitation offenses or offenses involving child sexual abuse material by—

(A)

using technology to identify victims and serious offenders;

(B)

developing processes and tools to identify victims and offenders; and

(C)

taking measures to improve information sharing among Federal law enforcement agencies, including for the purposes of implementing the plans and protocols described in paragraph (1)(C)(i)(II) to identify and rescue—

(i)

victims of contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material; or

(ii)

victims of serious offenders.

(4)

The establishment, development, and implementation of a nationally coordinated “Safer Internet Day” every year developed in collaboration with the Department of Education, national and local internet safety organizations, parent organizations, social media companies, and schools to provide—

(A)

national public awareness and evidence-based educational programs about the threats posed by circle of trust offenders and the threat of contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material, and the use of technology to facilitate those offenses;

(B)

information to parents and children about how to avoid or prevent technology-facilitated child sexual exploitation offenses; and

(C)

information about how to report possible technology-facilitated child sexual exploitation offenses or offenses involving child sexual abuse material through—

(i)

the National Center for Missing and Exploited Children;

(ii)

the ICAC Task Force Program; and

(iii)

any other program that—

(I)

raises national awareness about the threat of technology-facilitated child sexual exploitation offenses or offenses involving child sexual abuse material; and

(II)

provides information to parents and children seeking to report possible violations of technology-facilitated child sexual exploitation offenses or offenses involving child sexual abuse material.

(e)

Expansion of Project Safe Childhood

Notwithstanding subsection (d), funds authorized under this section may be also be 1 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 , 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.

Footnotes

  1. 1 So in original.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Sex Offender Registration and Notification Act

    Pub. L. 109–248 title I § 143 · 120 Stat. 587

    Enacted · 34 U.S.C. § 20942

    Pub. L. 109–248, title I, § 143, July 27, 2006, 120 Stat. 604

    Source evidence

    Code source credit
    Pub. L. 109–248, title I, § 143, July 27, 2006, 120 Stat. 604

    Enacted provision · exact public law section
    SEC. 143. PROJECT SAFE CHILDHOOD. (a) Establishment of Program.— Not Deadline. later than 6 months after the date of enactment of this Act, the Attorney General shall create and maintain a Project Safe Childhood program in accordance with this section. (b) Initial Implementation.— Except as authorized under subsection (c), funds authorized under this section may only be used for the following 5 purposes: (1) Integrated Federal, State, and local efforts to investigate and prosecute child exploitation cases, including— (A) the partnership by each United States Attorney with each Internet Crimes Against Children Task Force that is a part of the Internet Crimes Against Children Task Force Program authorized and funded under title IV of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5771 et seq.) (referred to in this section as the “ICAC Task Force Program”) that exists within the district of such attorney; (B) the partnership by each United States Attorney with other Federal, State, and local law enforcement partners working in the district of such attorney to implement the program described in subsection (a); (C) the development by each United States Attorney of a district-specific strategic plan to coordinate the investigation and prosecution of child exploitation crimes; (D) efforts to identify and rescue victims of child exploitation crimes; and (E) local training, educational, and awareness programs of such crimes. (2) Major case coordination by the Department of Justice (or other Federal agencies as appropriate), including specific integration or cooperation, as appropriate, of— (A) the Child Exploitation and Obscenity Section within the Department of Justice; (B) the Innocent Images Unit of the Federal Bureau of Investigation; (C) any task forces established in connection with the Project Safe Childhood program set forth under subsection (a); and (D) the High Tech Investigative Unit within the Criminal Division of the Department of Justice. (3) Increased Federal involvement in child pornography and enticement cases by providing additional investigative tools and increased penalties under Federal law. (4) Training of Federal, State, and local law enforcement through programs facilitated by— (A) the National Center for Missing and Exploited Children; (B) the ICAC Task Force Program; and (C) any other ongoing program regarding the investigation and prosecution of computer-facilitated crimes against children, including training and coordination regarding leads from— (i) Federal law enforcement operations; and (ii) the CyberTipline and Child Victim-Identification programs managed and maintained by the National Center for Missing and Exploited Children. (5) Community awareness and educational programs through partnerships to provide national public awareness and educational programs through— (A) the National Center for Missing and Exploited Children; (B) the ICAC Task Force Program; and (C) any other ongoing programs that— (i) raises national awareness about the threat of online sexual predators; or (ii) provides information to parents and children seeking to report possible violations of computer-facilitated crimes against children. (c) Expansion of Project Safe Childhood.— Notwithstanding subsection (b), funds authorized under this section may be also be used for the following purposes: (1) The addition of not less than 8 Assistant United States Attorneys at the Department of Justice dedicated to the prosecution of cases in connection with the Project Safe Childhood program set forth under subsection (a). (2) The creation, development, training, and deployment of not less than 10 new Internet Crimes Against Children task forces within the ICAC Task Force Program consisting of Federal, State, and local law enforcement personnel dedicated to the Project Safe Childhood program set forth under subsection (a), and the enhancement of the forensic capacities of existing Internet Crimes Against Children task forces. (3) The development and enhancement by the Federal Bureau of Investigation of the Innocent Images task forces. (4) Such other additional and related purposes as the Attorney General determines appropriate. (d) Authorization of Appropriations.— For the purpose of carrying out this section, there are authorized to be appropriated— (1) for the activities described under subsection (b)— (A) $18,000,000 for fiscal year 2007; and (B) such sums as may be necessary for each of the 5 succeeding fiscal years; and (2) for the activities described under subsection (c)— (A) for fiscal year 2007— (i) $15,000,000 for the activities under paragraph (1); (ii) $10,000,000 for activities under paragraph (2); and (iii) $4,000,000 for activities under paragraph (3); and (B) such sums as may be necessary for each of the 5 succeeding fiscal years.

  2. Pub. L. 118–159 div. E title LII § 5202 · 138 Stat. 2433

    Amended · 34 U.S.C. § 20942

    Pub. L. 118–159 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (d) relating to establishment of Project Safe Childhood program, initial implementation, expansion of program, and authorization of appropriations for fiscal years 2007 through 2012, respectively

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Pub. L. 118–159 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (d) relating to establishment of Project Safe Childhood program, initial implementation, expansion of program, and authorization of appropriations for fiscal years 2007 through 2012, respectively.

1 of 2 references resolved to an enrolled provision · 1 unresolved

Editorial Notes

Codification

Section was formerly classified to section 16942 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2024—Pub. L. 118–159 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (d) relating to establishment of Project Safe Childhood program, initial implementation, expansion of program, and authorization of appropriations for fiscal years 2007 through 2012, respectively.

Credits

2006–2024 · 2 acts
  1. 2006Pub. L. 109–248, title I, § 143, , 120 Stat. 604
  2. 2024Pub. L. 118–159, div. E, title LII, § 5202, , 138 Stat. 2433.
Show as published

(Pub. L. 109–248, title I, § 143, , 120 Stat. 604; Pub. L. 118–159, div. E, title LII, § 5202, , 138 Stat. 2433.)

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