S. 3021

119th CONGRESS  1st Session  S. 3021  IN THE SENATE OF THE UNITED STATES  AN ACT
To amend title 18, United States Code, to enhance enforcement with respect
  to material depicting obscene child sexual abuse or constituting child pornography, and
  for other purposes.
1.
Short title
This Act may be cited as the
  Enhancing Necessary Federal Offenses Regarding Child
  Exploitation Act   or the   ENFORCE
  Act  .
2.
Clarifying production with respect to material constituting or containing child
  pornography
Section 2252A of title 18, United States Code,
  is amended—
(1)
in subsection (a), by striking paragraph (7) and inserting the
  following:
(7)
knowingly produces child pornography, as defined in section
  2256(8)(C), that—
(A)
the person knows, or has reason to know, will be mailed, shipped,
  or transported using any means or facility of interstate or foreign
  commerce or in or affecting interstate or foreign commerce;
(B)
was produced using materials that have been mailed, shipped, or
  transported in or affecting interstate or foreign commerce;
  or
(C)
has been mailed, shipped, or transported using any means or
  facility of interstate or foreign commerce or in or affecting
  interstate or foreign commerce,
 ; and
(2)
in subsection (b)—
(A)
in paragraph (1), by striking  or (6)  and inserting
  (6), or (7) ; and
(B)
by striking paragraph (3).
3.
Enhancing enforcement with respect to obscene visual representations of child
  sexual abuse
(a)
Removing the statute of limitations for obscene visual representations of
  child sexual abuse
Section 3299 of title 18, United States Code, is amended by inserting
  1466A or  before  1591 .
(b)
Including crimes of obscene visual representations of child sexual abuse in
  sex offender registration
Section 111(5)(A)(iii) of the Adam Walsh Child Protection and Safety Act of
  2006 (34 U.S.C. 20911(5)(A)(iii)) is amended by inserting  1466A
  or  before  1591 .
(c)
Prohibition on reproduction of obscene visual representations of child
  sexual abuse in discovery
Section 1466A of title 18, United States Code, is amended—
(1)
by redesignating subsection (f) as
  subsection (g); and
(2)
by inserting after subsection (e) the
  following:
(f)
Prohibition on reproduction of obscene visual depictions of
  child sexual abuse
In any criminal proceeding brought under this section—
(1)
any visual depiction involved in a violation of this section
  shall remain in the care, custody, and control of either the
  Government or the court in the same manner specified for child
  pornography in paragraphs (1) and (2) of section 3509(m);
  and
(2)
any identifiable minor, as that term is defined in section
  2256(9), depicted in any visual depiction involved in a
  violation of this section may have access to such depiction in
  the same manner specified for a victim, with respect to child
  pornography depicting the victim, in section 3509(m)(3).
 .
(d)
Presumption of detention for violations of section 1466A pending
  trial
Section 3142 of title 18, United States Code, is amended—
(1)
in subsection (c)(1)(B), in the undesignated matter following clause
  (xiv), by striking  that involves  and all that follows through
  2425 of this title  and inserting  that involves an
  offense described in subsection (e)(3)(E) ; and
(2)
in subsection (e)(3), by striking subparagraph (E) and inserting the
  following:
(E)
an offense—
(i)
involving a minor victim under section 1201, 1591, 2241(a),
  2241(b), 2242, 2244(a)(1), 2245, 2421, or 2422(a) of this title;
  or
(ii)
under section 1466A(a), 2241(c), 2251A, 2252(a)(1),
  2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2), 2252A(a)(3),
  2252A(a)(4), 2260, 2422(b), 2423, or 2425 of this title.
 .
(e)
Supervised release for violations of section 1466A after
  imprisonment
Section 3583(k) of title 18, United States Code, is amended, in the first
  sentence, by inserting  1466A,  before  1591, .
    Passed the Senate December 16, 2025.    Secretary