34 U.S.C. § 20942 — Project Safe Childhood

Page 517 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20942 section 20914 of this title to be included in the National Sex Offender Registry and the Dru Sjodin National Sex Offender Public Website re- garding persons— (1)(A) released from military corrections fa- cilities; or (B) convicted if the sentences adjudged by courts-martial under chapter 47 of title 10 (the Uniform Code of Military Justice) do not in- clude confinement; and (2) required to register under this sub- chapter. (Pub. L. 109–248, title I, § 128A, as added Pub. L. 114–22, title V, § 502(a), May 29, 2015, 129 Stat. 258.) Editorial Notes REFERENCES IN TEXT The Dru Sjodin National Sex Offender Public Website, referred to in text, is located at https:// www.nsopw.gov. This subchapter, referred to in par. (2), was in the original ‘‘this title’’, meaning title I of Pub. L. 109–248, July 27, 2006, 120 Stat. 590, known as the Sex Offender Registration and Notification Act. For complete classi- fication of title I to the Code, see Short Title of 2006 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was formerly classified to section 16928a of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries SHORT TITLE For short title of title V of Pub. L. 114–22, which en- acted this section, as the ‘‘Military Sex Offender Re- porting Act of 2015’’, see section 501 of Pub. L. 114–22, set out as a Short Title of 2015 Act note under section 10101 of this title. § 20932. Immunity for good faith conduct The Federal Government, jurisdictions, polit- ical subdivisions of jurisdictions, and their agen- cies, officers, employees, and agents shall be im- mune from liability for good faith conduct under this subchapter. (Pub. L. 109–248, title I, § 131, July 27, 2006, 120 Stat. 601.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title I of Pub. L. 109–248, July 27, 2006, 120 Stat. 590, known as the Sex Offender Reg- istration and Notification Act. For complete classifica- tion of title I to the Code, see Short Title of 2006 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was formerly classified to section 16929 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PART B—IMPROVING FEDERAL CRIMINAL LAW ENFORCEMENT TO ENSURE SEX OFFENDER COMPLIANCE WITH REGISTRATION AND NOTIFI- CATION REQUIREMENTS AND PROTECTION OF CHILDREN FROM VIOLENT PREDATORS § 20941. Federal assistance with respect to viola- tions of registration requirements (a) In general The Attorney General shall use the resources of Federal law enforcement, including the United States Marshals Service, to assist juris- dictions in locating and apprehending sex of- fenders who violate sex offender registration re- quirements. For the purposes of section 566(e)(1)(B) of title 28, a sex offender who vio- lates a sex offender registration requirement shall be deemed a fugitive. (b) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for fiscal years 2007 through 2009 to implement this section. (Pub. L. 109–248, title I, § 142, July 27, 2006, 120 Stat. 604.) Editorial Notes CODIFICATION Section was formerly classified to section 16941 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20942. 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 pornog- raphy’’ 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 Page 518 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20942 (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 involv- ing 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 subpara- graph (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 in- dividual 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 Pro- gram. (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 mate- rial The term ‘‘offense involving child sexual abuse material’’ means— (A) an offense under section 2251(d), sec- tion 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 stat- ute 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 con- tact sexual offense or child sexual exploi- tation 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 ex- ploitation 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 re- spect 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 main- tain 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 Child- hood 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 Jus- tice and the Office of Juvenile Justice and De- linquency Prevention of the Department of Jus- tice, and in consultation with training and tech- nical 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 bal- anced approach to the investigation of suspect leads involving contact sexual offenses, child sexual exploitation offenses, and offenses in- volving child sexual abuse material, and the prosecution of those offenses, prioritizing when feasible the identification of a child vic- tim 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 prosecu- tor’s offices to report successful cases of vic- tim identification and child rescue to the De- partment 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 ef- forts to investigate and prosecute contact sex- ual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse ma- terial, 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— Page 519 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20942 (i) programs facilitated by the ICAC Task Force Program; (ii) ICAC training programs supported by the Office of Juvenile Justice and Delin- quency Prevention of the Department of Justice; (iii) programs facilitated by appropriate nongovernmental organizations with sub- ject matter expertise, technical skill, or technological tools to assist in the identi- fication of and response to serious offend- ers, 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 identifica- tion of serious offenders or victims of contact sexual offenses, child sexual ex- ploitation 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 of- fenses, 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 en- forcement 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 exploi- tation 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 devel- oped under paragraphs (1) and (2) of sub- section (c); (II) the development of plans and pro- tocols to target and rapidly investigate cases involving potential serious offend- ers 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 ma- terial; (III) the use of training and technical assistance programs to incorporate vic- tim-centered, trauma-informed practices in cases involving victims of contact sex- ual offenses, child sexual exploitation of- fenses, and offenses involving child sex- ual abuse material, which may include the use of child protective services, chil- dren’s advocacy centers, victim support specialists, or other supportive services; (IV) the development of plans to track, report, and clearly communicate suc- cessful cases of victim identification and child rescue to the Department of Jus- tice 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 ca- pacity and effectiveness; (VI) a written policy describing the criteria for referrals for prosecution from Federal, State, or local law en- forcement agencies, particularly when the investigation may involve a poten- tial serious offender or the identification or rescue of a child victim; (VII) plans and budgets for training of relevant personnel on contact sexual of- fenses, child sexual exploitation offenses, and offenses involving child sexual abuse material; (VIII) plans for coordination and co- operation with State, local, and Tribal law enforcement agencies and prosecu- torial offices; and (IX) evidence-based programs that edu- cate 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 con- tact sexual offenses, child sexual exploi- tation offenses, or offenses involving child sexual abuse material; (V) any relevant component of Home- land Security Investigations; (VI) any relevant component of the Federal Bureau of Investigation; (VII) the Office of Juvenile Justice and Delinquency Prevention of the Depart- ment of Justice; (VIII) the Child Exploitation and Ob- scenity Section of the Criminal Division of the Department of Justice; (IX) the United States Postal Inspec- tion Service; (X) the United States Secret Service; and (XI) each military criminal investiga- tion 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 con- tact sexual offenses, child sexual exploi- tation 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 appro- priate, to revise the plan described in sub- paragraph (C). (2) Major case coordination by the Depart- ment of Justice (or other Federal agencies as Page 520 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20942 1 So in original. appropriate), including specific cooperation, as appropriate, with— (A) the Child Exploitation and Obscenity Section of the Criminal Division of the De- partment 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, in- cluding 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 connec- tion with the Project Safe Childhood pro- gram set forth under subsection (b). (3) Increased Federal involvement in, and commitment to, the prevention and prosecu- tion of technology-facilitated child sexual ex- ploitation offenses or offenses involving child sexual abuse material by— (A) using technology to identify victims and serious offenders; (B) developing processes and tools to iden- tify victims and offenders; and (C) taking measures to improve informa- tion sharing among Federal law enforcement agencies, including for the purposes of im- plementing the plans and protocols de- scribed in paragraph (1)(C)(i)(II) to identify and rescue— (i) victims of contact sexual offenses, child sexual exploitation offenses, and of- fenses involving child sexual abuse mate- rial; or (ii) victims of serious offenders. (4) The establishment, development, and im- plementation of a nationally coordinated ‘‘Safer Internet Day’’ every year developed in collaboration with the Department of Edu- cation, national and local internet safety or- ganizations, parent organizations, social media companies, and schools to provide— (A) national public awareness and evi- dence-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 in- volving child sexual abuse material, and the use of technology to facilitate those of- fenses; (B) information to parents and children about how to avoid or prevent technology- facilitated child sexual exploitation of- fenses; and (C) information about how to report pos- sible technology-facilitated child sexual ex- ploitation 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 author- ized 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 posi- tions as of the day before December 23, 2024, 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 coordi- nating the plans and protocols of each dis- trict under subsection (d)(1)(C)(i)(II). (2) Such other additional and related pur- poses as the Attorney General determines ap- propriate. (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 para- graphs (1), (2), and (3) of subsection (d), $28,550,000 for each of fiscal years 2023 through 2028; (B) for the activities described under sub- section (d)(4), $4,000,000 for each of fiscal years 2023 through 2028; and (C) for the activities described under sub- section (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. (Pub. L. 109–248, title I, § 143, July 27, 2006, 120 Stat. 604; Pub. L. 118–159, div. E, title LII, § 5202, Dec. 23, 2024, 138 Stat. 2433.) Editorial Notes CODIFICATION Section was formerly classified to section 16942 of Title 42, The Public Health and Welfare, prior to edi- torial 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 pro- gram, and authorization of appropriations for fiscal years 2007 through 2012, respectively. Page 521 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20945 1 So in original. The comma probably should not appear. § 20943. Federal assistance in identification and location of sex offenders relocated as a result of a major disaster The Attorney General shall provide assistance to jurisdictions in the identification and loca- tion of a sex offender relocated as a result of a major disaster. (Pub. L. 109–248, title I, § 144, July 27, 2006, 120 Stat. 606.) Editorial Notes CODIFICATION Section was formerly classified to section 16943 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20944. Expansion of training and technology ef- forts (a) Training The Attorney General shall— (1) expand training efforts with Federal, State, and local law enforcement officers and prosecutors to effectively respond to the threat to children and the public posed by sex offenders who use the Internet and technology to solicit or otherwise exploit children; (2) facilitate meetings involving corpora- tions that sell computer hardware and soft- ware or provide services to the general public related to use of the Internet, to identify prob- lems associated with the use of technology for the purpose of exploiting children; (3) host national conferences to train Fed- eral, State, and local law enforcement officers, probation and parole officers, and prosecutors regarding pro-active approaches to monitoring sex offender activity on the Internet; (4) develop and distribute, for personnel list- ed in paragraph (3), information regarding multidisciplinary approaches to holding of- fenders accountable to the terms of their pro- bation, parole, and sex offender registration laws; and (5) partner with other agencies to improve the coordination of joint investigations among agencies to effectively combat online solicita- tion of children by sex offenders. (b) Technology The Attorney General shall— (1) deploy, to all Internet Crimes Against Children Task Forces and their partner agen- cies, technology modeled after the Canadian Child Exploitation Tracking System; and (2) conduct training in the use of that tech- nology. (c) Report Not later than July 1, 2007, the Attorney Gen- eral,1 shall submit to Congress a report on the activities carried out under this section. The re- port shall include any recommendations that the Attorney General considers appropriate. (d) Authorization of appropriations There are authorized to be appropriated to the Attorney General, for fiscal year 2007— (1) $1,000,000 to carry out subsection (a); and (2) $2,000,000 to carry out subsection (b). (Pub. L. 109–248, title I, § 145, July 27, 2006, 120 Stat. 606.) Editorial Notes CODIFICATION Section was formerly classified to section 16944 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20945. Office of Sex Offender Sentencing, Moni- toring, Apprehending, Registering, and Tracking (a) Establishment There is established within the Department of Justice, under the general authority of the At- torney General, an Office of Sex Offender Sen- tencing, Monitoring, Apprehending, Registering, and Tracking (hereinafter in this section re- ferred to as the ‘‘SMART Office’’). (b) Director The SMART Office shall be headed by a Direc- tor who shall be appointed by the President. The Director shall report to the Attorney General through the Assistant Attorney General for the Office of Justice Programs and shall have final authority for all grants, cooperative agree- ments, and contracts awarded by the SMART Office. The Director shall not engage in any em- ployment other than that of serving as the Di- rector, nor shall the Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Office makes any contract or other arrangement. (c) Duties and functions The SMART Office is authorized to— (1) administer the standards for the sex of- fender registration and notification program set forth in this chapter; (2) administer grant programs relating to sex offender registration and notification au- thorized by this chapter and other grant pro- grams authorized by this chapter as directed by the Attorney General; (3) cooperate with and provide technical as- sistance to States, units of local government, tribal governments, and other public and pri- vate entities involved in activities related to sex offender registration or notification or to other measures for the protection of children or other members of the public from sexual abuse or exploitation; and (4) perform such other functions as the At- torney General may delegate. (Pub. L. 109–248, title I, § 146, July 27, 2006, 120 Stat. 607.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c)(1), (2), was in the original ‘‘this Act’’, meaning Pub. L. 109–248, July 27, 2006, 120 Stat. 587, known as the Adam Walsh Child Protection and Safety Act of 2006. For complete classi- fication of this Act to the Code, see Short Title of 2006 Act note set out under section 10101 of this title and Tables.