ENFORCE Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3021 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                S. 3021

  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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 21, 2025

  Mr. Cornyn (for himself, Mr. Blumenthal, Mr. Lee, and Mr. Kennedy) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Enhancing Necessary Federal Offenses 
Regarding Child Exploitation Act'' or the ``ENFORCE Act''.

SEC. 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).

SEC. 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,''.
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