S 1207 — EARN IT Act of 2023

(a) As used in this chapter— (1) The term “administrator” means the official designated by the Secretary of State pursuant to section 1104(b) of this title. (2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in. (3) The term “alien” means any person not a citizen or national of the United States. (4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa. (5) The term “Attorney General” means the Attorney General of the United States. (6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien. (7) The term “clerk of court” means a clerk of a naturalization court. (8) The terms “Commissioner” and “Deputy Commissioner” mean the Commissioner of Immigration and Naturalization and a Deputy Commissioner of Immigration and Naturalization, respectively. (9) The term “consular officer” means any consular, diplomatic, or other officer or employee of the United States designated under regulations prescribed under authority contained in this chapter, for the purpose of issuing immigrant or nonimmigrant visas or, when used in subchapter III, for the purpose of adjudicating nationality. (10) The term “crewman” means a person serving in any capacity on board a vessel or aircraft. (11) The term “diplomatic visa” means a nonimmigrant visa bearing that title and issued to a nonimmigrant in accordance with such regulations as the Secretary of State may prescribe. (12) The term “doctrine” includes, but is not limited to, policies, practices, purposes, aims, or procedures. (13) (A) The terms “admission” and “admitted” mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer. (B) An alien who is paroled under section 1182(d)(5) of this title or permitted to land temporarily as an alien crewman shall not be considered to have been admitted. (C) An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien— (i) has abandoned or relinquished that status, (ii) has been absent from the United States for a continuous period in excess of 180 days, (iii) has engaged in illegal activity after having departed the United States, (iv) has departed from the United States while under legal process seeking removal of the alien from the United States, including removal proceedings under this chapter and extradition proceedings, (v) has committed an offense identified in section 1182(a)(2) of this title, unless since such offense the alien has been granted relief under section 1182(h) or 1229b(a) of this title, or (vi) is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the United States after inspection and authorization by an immigration officer. (14) The term “foreign state” includes outlying possessions of a foreign state, but self-governing dominio...

(a) Inspector General oversight The Inspector General of the Department of the Treasury shall conduct, supervise, and coordinate audits and investigations of the use of funds made available under the Program. (b) Required certification (1) Financial institutions certification With respect to funds received by a participating State under the Program, any financial institution that receives a loan, a loan guarantee, or other financial assistance using such funds after March 11, 2021, shall certify that such institution is in compliance with the requirements of section 103.121 of title 31, Code of Federal Regulations, a regulation that, at a minimum, requires financial institutions, as that term is defined in section 5312(a)(2) and (c)(1)(A) of title 31, to implement reasonable procedures to verify the identity of any person seeking to open an account, to the extent reasonable and practicable, maintain records of the information used to verify the person’s identity, and determine whether the person appears on any lists of known or suspected terrorists or terrorist organizations provided to the financial institution by any government agency. (2) Sex offense certification With respect to funds received by a participating State under the Program, any private entity that receives a loan, a loan guarantee, or other financial assistance using such funds after March 11, 2021, shall certify to the participating State that the principals of such entity have not been convicted of a sex offense against a minor (as such terms are defined in section 20911 of title 34). (c) Prohibition on pornography None of the funds made available under this chapter may be used to pay the salary of any individual engaged in activities related to the Program who has been officially disciplined for violations of subpart G of the Standards of Ethical Conduct for Employees of the Executive Branch for viewing, downloading, or exchanging pornography, including child pornography, on a Federal Government computer or while performing official Federal Government duties.

(a) Establishment Within 90 days after October 10, 2008, the Assistant Secretary of Commerce for Communications and Information shall establish an Online Safety and Technology working group comprised of representatives of relevant sectors of the business community, public interest groups, and other appropriate groups and Federal agencies to review and evaluate— (1) the status of industry efforts to promote online safety through educational efforts, parental control technology, blocking and filtering software, age-appropriate labels for content or other technologies or initiatives designed to promote a safe online environment for children; (2) the status of industry efforts to promote online safety among providers of electronic communications services and remote computing services by reporting apparent child pornography under section 13032 1 of title 42, including any obstacles to such reporting; (3) the practices of electronic communications service providers and remote computing service providers related to record retention in connection with crimes against children; and (4) the development of technologies to help parents shield their children from inappropriate material on the Internet. (b) Report Within 1 year after the working group is first convened, it shall submit a report to the Assistant Secretary, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Energy and Commerce of the House of Representatives that— (1) describes in detail its findings, including any information related to the effectiveness of such strategies and technologies and any information about the prevalence within industry of educational campaigns, parental control technologies, blocking and filtering software, labeling, or other technologies to assist parents; and (2) includes recommendations as to what types of incentives could be used or developed to increase the effectiveness and implementation of such strategies and technologies. (c) Chapter 10 of title 5 not to apply to working group Chapter 10 of title 5 shall not apply to the working group.

(a) Omitted (b) United States Sentencing Commission (1) Directive Pursuant to its authority under section 994(p) of title 28 and in accordance with this section, the United States Sentencing Commission shall review and, as appropriate, amend the sentencing guidelines and policy statements to provide appropriate penalties for violations of section 1037 of title 18, as added by this section, and other offenses that may be facilitated by the sending of large quantities of unsolicited electronic mail. (2) Requirements In carrying out this subsection, the Sentencing Commission shall consider providing sentencing enhancements for— (A) those convicted under section 1037 of title 18 who— (i) obtained electronic mail addresses through improper means, including— (I) harvesting electronic mail addresses of the users of a website, proprietary service, or other online public forum operated by another person, without the authorization of such person; and (II) randomly generating electronic mail addresses by computer; or (ii) knew that the commercial electronic mail messages involved in the offense contained or advertised an Internet domain for which the registrant of the domain had provided false registration information; and (B) those convicted of other offenses, including offenses involving fraud, identity theft, obscenity, child pornography, and the sexual exploitation of children, if such offenses involved the sending of large quantities of electronic mail. (c) Sense of Congress It is the sense of Congress that— (1) Spam has become the method of choice for those who distribute pornography, perpetrate fraudulent schemes, and introduce viruses, worms, and Trojan horses into personal and business computer systems; and (2) the Department of Justice should use all existing law enforcement tools to investigate and prosecute those who send bulk commercial e-mail to facilitate the commission of Federal crimes, including the tools contained in chapters 47 and 63 of title 18 (relating to fraud and false statements); chapter 71 of title 18 (relating to obscenity); chapter 110 of title 18 (relating to the sexual exploitation of children); and chapter 95 of title 18 (relating to racketeering), as appropriate.

(a) Duty To Report.— (1) In general.— (A) Duty.— In order to reduce the proliferation of online child sexual exploitation and to prevent the online sexual exploitation of children, a provider— (i) shall, as soon as reasonably possible after obtaining actual knowledge of any facts or circumstances described in paragraph (2)(A), take the actions described in subparagraph (B); and (ii) may, after obtaining actual knowledge of any facts or circumstances described in paragraph (2)(B), take the actions described in subparagraph (B). (B) Actions described.— The actions described in this subparagraph are— (i) providing to the CyberTipline of NCMEC, or any successor to the CyberTipline operated by NCMEC, the mailing address, telephone number, facsimile number, electronic mailing address of, and individual point of contact for, such provider; and (ii) making a report of such facts or circumstances to the CyberTipline, or any successor to the CyberTipline operated by NCMEC. (2) Facts or circumstances.— (A) Apparent violations.— The facts or circumstances described in this subparagraph are any facts or circumstances from which there is an apparent violation of section 2251, 2251A, 2252, 2252A, 2252B, or 2260 that involves child pornography, of section 1591 (if the violation involves a minor), or of 1 2422(b). (B) Imminent violations.— The facts or circumstances described in this subparagraph are any facts or circumstances which indicate a violation of any of the sections described in subparagraph (A) involving child pornography may be planned or imminent. (b) Contents of Report.— In an effort to prevent the future sexual victimization of children, and to the extent the information is within the custody or control of a provider, the facts and circumstances included in each report under subsection (a)(1) may, at the sole discretion of the provider, include the following information: (1) Information about the involved individual.— Information relating to the identity of any individual who appears to have violated or plans to violate a Federal law described in subsection (a)(2), which may, to the extent reasonably practicable, include the electronic mail address, Internet Protocol address, uniform resource locator, payment information (excluding personally identifiable information), or any other identifying information, including self-reported identifying information. (2) Historical reference.— Information relating to when and how a customer or subscriber of a provider uploaded, transmitted, or received content relating to the report or when and how content relating to the report was reported to, or discovered by the provider, including a date and time stamp and time zone. (3) Geographic location information.— Information relating to the geographic location of the involved individual or website, which may include the Internet Protocol address or verified address, or, if not reasonably available, at least one form of geographic identifying information, including area code or zip code, provided by the customer or subscriber, or stored or obtained by the provider. (4) Visual depictions of apparent child pornography.— Any visual depiction of apparent child pornography or other content relating to the incident such report is regarding. (5) Complete communication.— The complete communication containing any visual depiction of apparent child pornography or other content, including— (A) any data or information regarding the transmission of the communication; and (B) any visual depictions, data, or other digital files contained in, or attached to, the communication. (c) Forwarding of Report to Law Enforcement.— Pursuant to its clearinghouse role as a private, nonprofit organization, and at the conclusion of its review in furtherance of its nonprofit mission, NCMEC shall make available each report made under subsection (a)(1) and all supplemental data included in the report to one or more of the following law enforcement agencies: (1) Any Federal la...

(a) Examination (1) In general For purposes of ensuring compliance with the Customs laws of the United States and other laws enforced by the Customs Service, including the provisions of law described in paragraph (2), a Customs officer may, subject to the provisions of this section, stop and search at the border, without a search warrant, mail of domestic origin transmitted for export by the United States Postal Service and foreign mail transiting the United States that is being imported or exported by the United States Postal Service. (2) Provisions of law described The provisions of law described in this paragraph are the following: (A) Section 5316 of title 31 (relating to reports on exporting and importing monetary instruments). (B) Sections 1461, 1463, 1465, and 1466, and chapter 110 of title 18 (relating to obscenity and child pornography). (C) Section 953 of title 21 (relating to exportation of controlled substances). (D) The Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.).1 (E) Section 2778 of title 22. (F) The International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). (b) Search of mail not sealed against inspection and other mail Mail not sealed against inspection under the postal laws and regulations of the United States, mail which bears a Customs declaration, and mail with respect to which the sender or addressee has consented in writing to search, may be searched by a Customs officer. (c) Search of mail sealed against inspection weighing in excess of 16 ounces (1) In general Mail weighing in excess of 16 ounces sealed against inspection under the postal laws and regulations of the United States may be searched by a Customs officer, subject to paragraph (2), if there is reasonable cause to suspect that such mail contains one or more of the following: (A) Monetary instruments, as defined in section 1956 of title 18. (B) A weapon of mass destruction, as defined in section 2332a(b) 1 of title 18. (C) A drug or other substance listed in schedule I, II, III, or IV in section 812 of title 21. (D) National defense and related information transmitted in violation of any of sections 793 through 798 of title 18. (E) Merchandise mailed in violation of section 1715 or 1716 of title 18. (F) Merchandise mailed in violation of any provision of chapter 71 (relating to obscenity) or chapter 110 (relating to sexual exploitation and other abuse of children) of title 18. (G) Merchandise mailed in violation of the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.).1 (H) Merchandise mailed in violation of section 2778 of title 22. (I) Merchandise mailed in violation of the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). (J) Merchandise mailed in violation of the Trading with the Enemy Act (50 U.S.C. App. 1 et seq.).1 (K) Merchandise subject to any other law enforced by the Customs Service. (2) Limitation No person acting under the authority of paragraph (1) shall read, or authorize any other person to read, any correspondence contained in mail sealed against inspection unless prior to so reading— (A) a search warrant has been issued pursuant to rule 41 of the Federal Rules of Criminal Procedure; or (B) the sender or addressee has given written authorization for such reading. (d) Search of mail sealed against inspection weighing 16 ounces or less Notwithstanding any other provision of this section, subsection (a)(1) shall not apply to mail weighing 16 ounces or less sealed against inspection under the postal laws and regulations of the United States.

(a) In general No funds made available under this part to a local educational agency for an elementary school or secondary school that does not receive services at discount rates under section 254(h)(5) of title 47 may be used to purchase computers used to access the Internet, or to pay for direct costs associated with accessing the Internet, for such school unless the school, school board, local educational agency, or other authority with responsibility for administration of such school both— (1) (A) has in place a policy of Internet safety for minors that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are— (i) obscene; (ii) child pornography; or (iii) harmful to minors; and (B) is enforcing the operation of such technology protection measure during any use of such computers by minors; and (2) (A) has in place a policy of Internet safety that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are— (i) obscene; or (ii) child pornography; and (B) is enforcing the operation of such technology protection measure during any use of such computers. (b) Timing and applicability of implementation (1) In general The local educational agency with responsibility for a school covered by subsection (a) shall certify the compliance of such school with the requirements of subsection (a) as part of the application process for the next program funding year under this chapter following December 21, 2000, and for each subsequent program funding year thereafter. (2) Process (A) Schools with Internet safety policies and technology protection measures in place A local educational agency with responsibility for a school covered by subsection (a) that has in place an Internet safety policy meeting the requirements of subsection (a) shall certify its compliance with subsection (a) during each annual program application cycle under this chapter. (B) Schools without Internet safety policies and technology protection measures in place (i) Certification A local educational agency with responsibility for a school covered by subsection (a) that does not have in place an Internet safety policy meeting the requirements of subsection (a)— (I) for the first program year after December 21, 2000, in which the local educational agency is applying for funds for such school under this chapter, shall certify that it is undertaking such actions, including any necessary procurement procedures, to put in place an Internet safety policy that meets such requirements; and (II) for the second program year after December 21, 2000, in which the local educational agency is applying for funds for such school under this chapter, shall certify that such school is in compliance with such requirements. (ii) Ineligibility Any school covered by subsection (a) for which the local educational agency concerned is unable to certify compliance with such requirements in such second program year shall be ineligible for all funding under this part for such second program year and all subsequent program years until such time as such school comes into compliance with such requirements. (C) Waivers Any school subject to a certification under subparagraph (B)(i)(II) for which the local educational agency concerned cannot make the certification otherwise required by that subparagraph may seek a waiver of that subparagraph if State or local procurement rules or regulations or competitive bidding requirements prevent the making of the certification otherwise required by that subparagraph. The local educational agency concerned shall notify the Secretary of the applicability of that subparagraph to the school. Such notice shall certify that the school will be brought into compliance with the requirements in subs...

(a) State plan required (1) In general In order to be eligible to receive a grant under this subchapter, a State library administrative agency shall submit a State plan to the Director once every 5 years, as determined by the Director. (2) Duration The State plan shall cover a period of 5 fiscal years. (3) Revisions If a State library administrative agency makes a substantive revision to its State plan, then the State library administrative agency shall submit to the Director an amendment to the State plan containing such revision not later than April 1 of the fiscal year preceding the fiscal year for which the amendment will be effective. (b) Contents The State plan shall— (1) establish goals, and specify priorities, for the State consistent with the purposes of this subchapter; (2) describe activities that are consistent with the goals and priorities established under paragraph (1), the purposes of this subchapter, and section 9141 of this title, that the State library administrative agency will carry out during such year using such grant; (3) describe the procedures that such agency will use to carry out the activities described in paragraph (2); (4) describe the methodology that such agency will use to evaluate the success of the activities established under paragraph (2) in achieving the goals and meeting the priorities described in paragraph (1); (5) describe the procedures that such agency will use to involve libraries and library users throughout the State in policy decisions regarding implementation of this subchapter; (6) describe how the State library administrative agency will work with other State agencies and offices where appropriate to coordinate resources, programs, and activities and leverage, but not replace, the Federal and State investment in— (A) programs and activities under the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.] (including programs and activities under subparts 2 and 3 of part B of title II [20 U.S.C. 6641 et seq., 6661 et seq.], and parts A and B of title IV [20 U.S.C. 7101 et seq., 7171 et seq.], of such Act); (B) early childhood education, including coordination with— (i) the State’s activities carried out under subsections (b)(4) and (e)(1) of section 9837 of title 42; and (ii) the activities described in the State’s strategic plan in accordance with section 9837b(a)(4)(B)(i) of title 42; (C) workforce development, including coordination with— (i) the activities carried out by the State workforce development board under section 101 of the Workforce Innovation and Opportunity Act [29 U.S.C. 3111]; (ii) the State’s one-stop delivery system established under section 121(e) of such Act [29 U.S.C. 3151(e)]; and (iii) the activities carried out by the State in support of adult education and literacy under title II of such Act [29 U.S.C. 3271 et seq.]; and (D) other Federal programs and activities that relate to library services, including economic, business, and community development, health information, critical thinking skills, digital literacy skills, financial literacy and other types of literacy skills; (7) provide assurances that the State will comply with subsection (f); and (8) provide assurances satisfactory to the Director that such agency will make such reports, in such form and containing such information, as the Director may reasonably require to carry out this subchapter and to determine the extent to which funds provided under this subchapter have been effective in carrying out the purposes of this subchapter. (c) Evaluation and report Each State library administrative agency receiving a grant under this subchapter shall independently evaluate, and report to the Director regarding, the activities assisted under this subchapter, prior to the end of the 5-year plan. (d) Information Each library receiving assistance under this subchapter shall submit to the State library administrative agency such information as such agency may require to meet the requir...

(a) Authorization The Director of the Bureau of Justice Assistance is authorized to enter into a cooperative agreement with or make a grant to an eligible entity for the purpose of improving the identification, investigation, and prosecution of white collar crime (including each category of such crimes set forth in paragraphs (1) through (3) of subsection (b)) by providing comprehensive, direct, and practical training and technical assistance to law enforcement officers, investigators, auditors and prosecutors in States and units of local government. (b) White collar crime defined For purposes of this subchapter, the term “white collar crime” includes— (1) high-tech crime, including cyber and electronic crime and related threats; (2) economic crime, including financial fraud and mortgage fraud; and (3) Internet-based crime against children and child pornography.

(a) Description of activities The Administrator shall— (1) issue such rules as the Administrator considers necessary or appropriate to carry out this subchapter; (2) make such arrangements as may be necessary and appropriate to facilitate effective coordination among all federally funded programs relating to missing children (including the preparation of an annual comprehensive plan for facilitating such coordination); (3) provide for the furnishing of information derived from the national toll-free hotline, established under subsection (b)(1), to appropriate entities; (4) coordinate with the United States Interagency Council on Homelessness to ensure that homeless services professionals are aware of educational resources and assistance provided by the Center regarding child sexual exploitation; (5) provide adequate staff and agency resources which are necessary to properly carry out the responsibilities pursuant to this subchapter; and (6) not later than 180 days after the end of each fiscal year, submit a report to the President, Speaker of the House of Representatives, the Committee on Education and the Workforce of the House of Representatives, the President pro tempore of the Senate, and the Committee on the Judiciary of the Senate— (A) containing a comprehensive plan for facilitating cooperation and coordination in the succeeding fiscal year among all agencies and organizations with responsibilities related to missing children; (B) identifying and summarizing effective models of Federal, State, and local coordination and cooperation in locating and recovering missing children; (C) identifying and summarizing effective program models that provide treatment, counseling, or other aid to parents of missing children or to children who have been the victims of abduction; (D) describing how the Administrator satisfied the requirements of paragraph (4) in the preceding fiscal year; (E) describing in detail the number and types of telephone calls received in the preceding fiscal year over the national toll-free hotline established under subsection (b)(1)(A), the number and types of communications referred to the national communications system established under section 11231 of this title, and the number and types of reports to the CyberTipline established under subsection (b)(1)(K)(i); (F) describing in detail the activities in the preceding fiscal year of the national resource center and clearinghouse established under subsection (b)(2); (G) describing all the programs for which assistance was provided under section 11294 of this title in the preceding fiscal year; (H) summarizing the results of all research completed in the preceding year for which assistance was provided at any time under this subchapter; and (I) (i) identifying each clearinghouse with respect to which assistance is provided under section 11294(a)(9) of this title in the preceding fiscal year; (ii) describing the activities carried out by such clearinghouse in such fiscal year; (iii) specifying the types and amounts of assistance (other than assistance under section 11294(a)(9) of this title) received by such clearinghouse in such fiscal year; and (iv) specifying the number and types of missing children cases handled (and the number of such cases resolved) by such clearinghouse in such fiscal year and summarizing the circumstances of each such cases.1 (b) Annual grant to National Center for Missing and Exploited Children (1) In general The Administrator shall annually make a grant to the Center, which shall be used to— (A) (i) operate a national 24-hour toll-free call center to which individuals may— (I) report child sexual exploitation and the location of any missing child; and (II) request information pertaining to procedures necessary to reunite such child with such child’s parent; (ii) manage the AMBER Alert Secondary Distribution Program; and (iii) coordinate the operation of such hotline with the operation of the national communications system referre...

(a) Establishment There is created in the Treasury a separate account to be known as the Crime Victims Fund (hereinafter in this subchapter referred to as the “Fund”). (b) Fines deposited in Fund; penalties; forfeited appearance bonds Except as limited by subsection (c), there shall be deposited in the Fund— (1) all fines that are collected from persons convicted of offenses against the United States except— (A) fines available for use by the Secretary of the Treasury pursuant to— (i) section 11(d) of the Endangered Species Act (16 U.S.C. 1540(d)); and (ii) section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d)); and (B) fines to be paid into— (i) the railroad unemployment insurance account pursuant to the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.); (ii) the Postal Service Fund pursuant to sections 2601(a)(2) and 2003 of title 39 and for the purposes set forth in section 404(a)(7) of title 39; (iii) the navigable waters revolving fund pursuant to section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321); and (iv) county public school funds pursuant to section 3613 of title 18; (2) penalty assessments collected under section 3013 of title 18; 1 (3) the proceeds of forfeited appearance bonds, bail bonds, and collateral collected under section 3146 of title 18; (4) any money ordered to be paid into the Fund under section 3671(c)(2) of title 18; (5) any gifts, bequests, or donations to the Fund from private entities or individuals, which the Director is hereby authorized to accept for deposit into the Fund, except that the Director is not hereby authorized to accept any such gift, bequest, or donation that— (A) attaches conditions inconsistent with applicable laws or regulations; or (B) is conditioned upon or would require the expenditure of appropriated funds that are not available to the Office for Victims of Crime; and (6) any funds that would otherwise be deposited in the general fund of the Treasury collected pursuant to— (A) a deferred prosecution agreement; or (B) a non-prosecution agreement. (c) Retention of sums in Fund; availability for expenditure without fiscal year limitation Sums deposited in the Fund shall remain in the Fund and be available for expenditure under this subchapter for grants under this subchapter without fiscal year limitation. Notwithstanding subsection (d)(5), all sums deposited in the Fund in any fiscal year that are not made available for obligation by Congress in the subsequent fiscal year shall remain in the Fund for obligation in future fiscal years, without fiscal year limitation. (d) Availability for judicial branch administrative costs; grant program percentages The Fund shall be available as follows: (1) Repealed. Pub. L. 105–119, title I, § 109(a)(1), Nov. 26, 1997, 111 Stat. 2457. (2) (A) Except as provided in subparagraph (B), the first $10,000,000 deposited in the Fund shall be available for grants under section 20104 of this title. (B) (i) For any fiscal year for which the amount deposited in the Fund is greater than the amount deposited in the Fund for fiscal year 1998, the $10,000,000 referred to in subparagraph (A) plus an amount equal to 50 percent of the increase in the amount from fiscal year 1998 shall be available for grants under section 20104 of this title. (ii) Amounts available under this subparagraph for any fiscal year shall not exceed $20,000,000. (3) (A) Of the sums remaining in the Fund in any particular fiscal year after compliance with paragraph (2), such sums as may be necessary shall be available only for— (i) the United States Attorneys Offices and the Federal Bureau of Investigation to provide and improve services for the benefit of crime victims in the Federal criminal justice system (as described in section 3771 or section 3772, as it relates to direct services, of title 18 and section 20141 of this title) through victim coordinators, victims’ specialists, and advocates, including for the administrative support of ...

In this subchapter the following definitions apply: (1) Sex offender The term “sex offender” means an individual who was convicted of a sex offense. (2) Tier I sex offender The term “tier I sex offender” means a sex offender other than a tier II or tier III sex offender. (3) Tier II sex offender The term “tier II sex offender” means a sex offender other than a tier III sex offender whose offense is punishable by imprisonment for more than 1 year and— (A) is comparable to or more severe than the following offenses, when committed against a minor, or an attempt or conspiracy to commit such an offense against a minor: (i) sex trafficking (as described in section 1591 of title 18); (ii) coercion and enticement (as described in section 2422(b) of title 18); (iii) transportation with intent to engage in criminal sexual activity (as described in section 2423(a)) 1 of title 18; (iv) abusive sexual contact (as described in section 2244 of title 18); (B) involves— (i) use of a minor in a sexual performance; (ii) solicitation of a minor to practice prostitution; or (iii) production or distribution of child pornography; or (C) occurs after the offender becomes a tier I sex offender. (4) Tier III sex offender The term “tier III sex offender” means a sex offender whose offense is punishable by imprisonment for more than 1 year and— (A) is comparable to or more severe than the following offenses, or an attempt or conspiracy to commit such an offense: (i) aggravated sexual abuse or sexual abuse (as described in sections 2241 and 2242 of title 18); or (ii) abusive sexual contact (as described in section 2244 of title 18) against a minor who has not attained the age of 13 years; (B) involves kidnapping of a minor (unless committed by a parent or guardian); or (C) occurs after the offender becomes a tier II sex offender. (5) Amie Zyla expansion of sex offense definition (A) Generally Except as limited by subparagraph (B) or (C), the term “sex offense” means— (i) a criminal offense that has an element involving a sexual act or sexual contact with another; (ii) a criminal offense that is a specified offense against a minor; (iii) a Federal offense (including an offense prosecuted under section 1152 or 1153 of title 18) under section 1591, or chapter 109A, 110 (other than section 2257, 2257A, or 2258), or 117, of title 18; (iv) a military offense specified by the Secretary of Defense under section 115(a)(8)(C)(i) of Public Law 105–119 (10 U.S.C. 951 note); or (v) an attempt or conspiracy to commit an offense described in clauses (i) through (iv). (B) Foreign convictions A foreign conviction is not a sex offense for the purposes of this subchapter if it was not obtained with sufficient safeguards for fundamental fairness and due process for the accused under guidelines or regulations established under section 20912 of this title. (C) Offenses involving consensual sexual conduct An offense involving consensual sexual conduct is not a sex offense for the purposes of this subchapter if the victim was an adult, unless the adult was under the custodial authority of the offender at the time of the offense, or if the victim was at least 13 years old and the offender was not more than 4 years older than the victim. (6) Criminal offense The term “criminal offense” means a State, local, tribal, foreign, or military offense (to the extent specified by the Secretary of Defense under section 115(a)(8)(C)(i) of Public Law 105–119 (10 U.S.C. 951 note)) or other criminal offense. (7) Expansion of definition of “specified offense against a minor” to include all offenses by child predators The term “specified offense against a minor” means an offense against a minor that involves any of the following: (A) An offense (unless committed by a parent or guardian) involving kidnapping. (B) An offense (unless committed by a parent or guardian) involving false imprisonment. (C) Solicitation to engage in sexual conduct. (D) Use in a sexual performance. (E) Solicitation to ...

(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 wi...

(a) Requisite features of State plan In order for a State to be eligible for payments under this part, it shall have a plan approved by the Secretary which— (1) provides for foster care maintenance payments in accordance with section 672 of this title, adoption assistance in accordance with section 673 of this title, and, at the option of the State, services or programs specified in subsection (e)(1) of this section for children who are candidates for foster care or who are pregnant or parenting foster youth and the parents or kin caregivers of the children, in accordance with the requirements of that subsection; (2) provides that the State agency responsible for administering the program authorized by subpart 1 of part B of this subchapter shall administer, or supervise the administration of, the program authorized by this part; (3) provides that the plan shall be in effect in all political subdivisions of the State, and, if administered by them, be mandatory upon them; (4) provides that the State shall assure that the programs at the local level assisted under this part will be coordinated with the programs at the State or local level assisted under parts A and B of this subchapter, under division A 1 of subchapter XX of this chapter, and under any other appropriate provision of Federal law; (5) provides that the State will, in the administration of its programs under this part, use such methods relating to the establishment and maintenance of personnel standards on a merit basis as are found by the Secretary to be necessary for the proper and efficient operation of the programs, except that the Secretary shall exercise no authority with respect to the selection, tenure of office, or compensation of any individual employed in accordance with such methods; (6) provides that the State agency referred to in paragraph (2) (hereinafter in this part referred to as the “State agency”) will make such reports, in such form and containing such information as the Secretary may from time to time require, and comply with such provisions as the Secretary may from time to time find necessary to assure the correctness and verification of such reports; (7) provides that the State agency will monitor and conduct periodic evaluations of activities carried out under this part; (8) subject to subsection (c), provides safeguards which restrict the use of or disclosure of information concerning individuals assisted under the State plan to purposes directly connected with (A) the administration of the plan of the State approved under this part, the plan or program of the State under part A, B, or D of this subchapter or under subchapter I, V, X, XIV, XVI (as in effect in Puerto Rico, Guam, and the Virgin Islands), XIX, or XX, the program established by subchapter II, or the supplemental security income program established by subchapter XVI, (B) any investigation, prosecution, or criminal or civil proceeding, conducted in connection with the administration of any such plan or program, (C) the administration of any other Federal or federally assisted program which provides assistance, in cash or in kind, or services, directly to individuals on the basis of need, (D) any audit or similar activity conducted in connection with the administration of any such plan or program by any governmental agency which is authorized by law to conduct such audit or activity, and (E) reporting and providing information pursuant to paragraph (9) to appropriate authorities with respect to known or suspected child abuse or neglect; and the safeguards so provided shall prohibit disclosure, to any committee or legislative body (other than an agency referred to in clause (D) with respect to an activity referred to in such clause), of any information which identifies by name or address any such applicant or recipient; except that nothing contained herein shall preclude a State from providing standards which restrict disclosures to purposes more limited than those specified...

(a) Work product materials Notwithstanding any other law, it shall be unlawful for a government officer or employee, in connection with the investigation or prosecution of a criminal offense, to search for or seize any work product materials possessed by a person reasonably believed to have a purpose to disseminate to the public a newspaper, book, broadcast, or other similar form of public communication, in or affecting interstate or foreign commerce; but this provision shall not impair or affect the ability of any government officer or employee, pursuant to otherwise applicable law, to search for or seize such materials, if— (1) there is probable cause to believe that the person possessing such materials has committed or is committing the criminal offense to which the materials relate: Provided, however, That a government officer or employee may not search for or seize such materials under the provisions of this paragraph if the offense to which the materials relate consists of the receipt, possession, communication, or withholding of such materials or the information contained therein (but such a search or seizure may be conducted under the provisions of this paragraph if the offense consists of the receipt, possession, or communication of information relating to the national defense, classified information, or restricted data under the provisions of section 793, 794, 797, or 798 of title 18, or section 2274, 2275, or 2277 of this title, or section 783 of title 50, or if the offense involves the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, the sexual exploitation of children, or the sale or purchase of children under section 2251, 2251A, 2252, or 2252A of title 18); or (2) there is reason to believe that the immediate seizure of such materials is necessary to prevent the death of, or serious bodily injury to, a human being. (b) Other documents Notwithstanding any other law, it shall be unlawful for a government officer or employee, in connection with the investigation or prosecution of a criminal offense, to search for or seize documentary materials, other than work product materials, possessed by a person in connection with a purpose to disseminate to the public a newspaper, book, broadcast, or other similar form of public communication, in or affecting interstate or foreign commerce; but this provision shall not impair or affect the ability of any government officer or employee, pursuant to otherwise applicable law, to search for or seize such materials, if— (1) there is probable cause to believe that the person possessing such materials has committed or is committing the criminal offense to which the materials relate: Provided, however, That a government officer or employee may not search for or seize such materials under the provisions of this paragraph if the offense to which the materials relate consists of the receipt, possession, communication, or withholding of such materials or the information contained therein (but such a search or seizure may be conducted under the provisions of this paragraph if the offense consists of the receipt, possession, or communication of information relating to the national defense, classified information, or restricted data under the provisions of section 793, 794, 797, or 798 of title 18, or section 2274, 2275, or 2277 of this title, or section 783 of title 50, or if the offense involves the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, the sexual exploitation of children, or the sale or purchase of children under section 2251, 2251A, 2252, or 2252A of title 18); (2) there is reason to believe that the immediate seizure of such materials is necessary to prevent the death of, or serious bodily injury to, a human being; (3) there is reason to believe that the giving of notice pursuant to a subpena duces tecum would result in the destruction, alteration,...

(a) In general A State that receives funds to carry out this subchapter shall have in effect— (1) requirements, policies, and procedures to require and conduct criminal background checks for child care staff members (including prospective child care staff members) of child care providers described in subsection (c)(1); and (2) licensing, regulation, and registration requirements, as applicable, that prohibit the employment of child care staff members as described in subsection (c). (b) Requirements A criminal background check for a child care staff member under subsection (a) shall include— (1) a search of the State criminal and sex offender registry or repository in the State where the child care staff member resides, and each State where such staff member resided during the preceding 5 years; (2) a search of State-based child abuse and neglect registries and databases in the State where the child care staff member resides, and each State where such staff member resided during the preceding 5 years; (3) a search of the National Crime Information Center; (4) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and (5) a search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.).1 (c) Prohibitions (1) Child care staff members A child care staff member shall be ineligible for employment by a child care provider that is receiving assistance under this subchapter if such individual— (A) refuses to consent to the criminal background check described in subsection (b); (B) knowingly makes a materially false statement in connection with such criminal background check; (C) is registered, or is required to be registered, on a State sex offender registry or repository or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); 1 or (D) has been convicted of a felony consisting of— (i) murder, as described in section 1111 of title 18; (ii) child abuse or neglect; (iii) a crime against children, including child pornography; (iv) spousal abuse; (v) a crime involving rape or sexual assault; (vi) kidnapping; (vii) arson; (viii) physical assault or battery; or (ix) subject to subsection (e)(4), a drug-related offense committed during the preceding 5 years; or (E) has been convicted of a violent misdemeanor committed as an adult against a child, including the following crimes: child abuse, child endangerment, sexual assault, or of a misdemeanor involving child pornography. (2) Child care providers A child care provider described in subsection (i)(1) shall be ineligible for assistance provided in accordance with this subchapter if the provider employs a staff member who is ineligible for employment under paragraph (1). (d) Submission of requests for background checks (1) In general A child care provider covered by subsection (c) shall submit a request, to the appropriate State agency designated by a State, for a criminal background check described in subsection (b), for each child care staff member (including prospective child care staff members) of the provider. (2) Staff members Subject to paragraph (4), in the case of an individual who became a child care staff member before November 19, 2014, the provider shall submit such a request— (A) prior to the last day described in subsection (j)(1); and (B) not less often than once during each 5-year period following the first submission date under this paragraph for that staff member. (3) Prospective staff members Subject to paragraph (4), in the case of an individual who is a prospective child care staff member on or after November 19, 2014, the provider shall submit such a request— (A) prior to the date the individual becomes a child care staff member of the provider; and (B) not less than once during each 5-year period following the first submission date under this para...

(a) Findings The Congress finds the following: (1) The rapidly developing array of Internet and other interactive computer services available to individual Americans represent an extraordinary advance in the availability of educational and informational resources to our citizens. (2) These services offer users a great degree of control over the information that they receive, as well as the potential for even greater control in the future as technology develops. (3) The Internet and other interactive computer services offer a forum for a true diversity of political discourse, unique opportunities for cultural development, and myriad avenues for intellectual activity. (4) The Internet and other interactive computer services have flourished, to the benefit of all Americans, with a minimum of government regulation. (5) Increasingly Americans are relying on interactive media for a variety of political, educational, cultural, and entertainment services. (b) Policy It is the policy of the United States— (1) to promote the continued development of the Internet and other interactive computer services and other interactive media; (2) to preserve the vibrant and competitive free market that presently exists for the Internet and other interactive computer services, unfettered by Federal or State regulation; (3) to encourage the development of technologies which maximize user control over what information is received by individuals, families, and schools who use the Internet and other interactive computer services; (4) to remove disincentives for the development and utilization of blocking and filtering technologies that empower parents to restrict their children’s access to objectionable or inappropriate online material; and (5) to ensure vigorous enforcement of Federal criminal laws to deter and punish trafficking in obscenity, stalking, and harassment by means of computer. (c) Protection for “Good Samaritan” blocking and screening of offensive material (1) Treatment of publisher or speaker No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider. (2) Civil liability No provider or user of an interactive computer service shall be held liable on account of— (A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or (B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).1 (d) Obligations of interactive computer service A provider of interactive computer service shall, at the time of entering an agreement with a customer for the provision of interactive computer service and in a manner deemed appropriate by the provider, notify such customer that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist the customer in limiting access to material that is harmful to minors. Such notice shall identify, or provide the customer with access to information identifying, current providers of such protections. (e) Effect on other laws (1) No effect on criminal law Nothing in this section shall be construed to impair the enforcement of section 223 or 231 of this title, chapter 71 (relating to obscenity) or 110 (relating to sexual exploitation of children) of title 18, or any other Federal criminal statute. (2) No effect on intellectual property law Nothing in this section shall be construed to limit or expand any law pertaining to intellectual property. (3) State law Nothing in this section shall be construed to prevent any State from enforcing any State law that is consistent with this section. No cause of action may ...