[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 539 Reported in Senate (RS)]
<DOC>
Calendar No. 80
119th CONGRESS
1st Session
S. 539
To reauthorize the PROTECT Our Children Act of 2008, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 12, 2025
Mr. Cornyn (for himself, Mr. Blumenthal, Mrs. Blackburn, Ms. Klobuchar,
Mr. Hawley, Mr. Durbin, Mrs. Moody, Mr. Grassley, Mr. Coons, and Ms.
Hirono) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
May 20, 2025
Reported by Mr. Grassley, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To reauthorize the PROTECT Our Children Act of 2008, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``PROTECT Our Children
Reauthorization Act of 2025''.</DELETED>
<DELETED>SEC. 2. REAUTHORIZATION.</DELETED>
<DELETED> (a) Establishment of National Strategy for Child
Exploitation Prevention and Interdiction.--Section 101 of the PROTECT
Our Children Act of 2008 (34 U.S.C. 21111) is amended--</DELETED>
<DELETED> (1) in subsection (b), by striking ``every second
year'' and inserting ``every fourth year''; and</DELETED>
<DELETED> (2) by striking subsection (c) and inserting the
following:</DELETED>
<DELETED> ``(c) Required Contents of National Strategy.--The
National Strategy established under subsection (a) shall include the
following:</DELETED>
<DELETED> ``(1) An analysis of current trends, challenges,
and the overall magnitude of the threat of child
exploitation.</DELETED>
<DELETED> ``(2) An analysis of future trends and challenges,
including new technologies, that will impact the efforts to
combat child exploitation.</DELETED>
<DELETED> ``(3) Goals and strategic solutions to prevent and
interdict child exploitation, including--</DELETED>
<DELETED> ``(A) plans for interagency
coordination;</DELETED>
<DELETED> ``(B) engagement with the judicial
branches of the Federal Government and State
governments;</DELETED>
<DELETED> ``(C) legislative recommendations for
combating child exploitation;</DELETED>
<DELETED> ``(D) cooperation with international,
State, local, and Tribal law enforcement agencies;
and</DELETED>
<DELETED> ``(E) engagement with the private sector
and other entities involved in efforts to combat child
exploitation.</DELETED>
<DELETED> ``(4) An analysis of Federal efforts dedicated to
combating child exploitation, including--</DELETED>
<DELETED> ``(A) a review of the policies and work of
the Department of Justice and other Federal programs
relating to the prevention and interdiction of child
exploitation crimes, including training programs, and
investigative and prosecution activity; and</DELETED>
<DELETED> ``(B) a description of the efforts of the
Department of Justice to cooperate and coordinate with,
and provide technical assistance and support to,
international, State, local, and Tribal law enforcement
agencies and private sector and nonprofit entities with
respect to child exploitation prevention and
interdiction efforts.</DELETED>
<DELETED> ``(5) An estimate of the resources required to
effectively respond to child exploitation crimes at scale by--
</DELETED>
<DELETED> ``(A) each ICAC task force;</DELETED>
<DELETED> ``(B) the Federal Bureau of Investigation,
including investigators, forensic interviewers, and
analysts of victims, witnesses, and
forensics;</DELETED>
<DELETED> ``(C) Homeland Security Investigations,
including forensic interviewers and analysts of
victims, witnesses, and forensics;</DELETED>
<DELETED> ``(D) the United States Marshals
Service;</DELETED>
<DELETED> ``(E) the United States Secret
Service;</DELETED>
<DELETED> ``(F) the United States Postal
Service;</DELETED>
<DELETED> ``(G) the criminal investigative offices
of the Department of Defense; and</DELETED>
<DELETED> ``(H) any component of an agency described
in this paragraph.</DELETED>
<DELETED> ``(6) A review of the Internet Crimes Against
Children Task Force Program, including--</DELETED>
<DELETED> ``(A) the number of ICAC task forces and
the location of each ICAC task force;</DELETED>
<DELETED> ``(B) the number of trained personnel at
each ICAC task force;</DELETED>
<DELETED> ``(C) the amount of Federal grants awarded
to each ICAC task force; and</DELETED>
<DELETED> ``(D) an assessment of the Federal, State,
and local cooperation with respect to each ICAC task
force, including--</DELETED>
<DELETED> ``(i) the number of arrests made
by each ICAC task force;</DELETED>
<DELETED> ``(ii) the number of criminal
referrals to United States attorneys for
prosecution;</DELETED>
<DELETED> ``(iii) the number of prosecutions
and convictions from the referrals described in
clause (ii);</DELETED>
<DELETED> ``(iv) the number, if available,
of local prosecutions and convictions based on
ICAC task force investigations; and</DELETED>
<DELETED> ``(v) any other information
determined by the Attorney General
demonstrating the level of Federal, State,
Tribal, and local coordination and
cooperation.</DELETED>
<DELETED> ``(7) An assessment of training needs for each
ICAC task force and affiliated agencies.</DELETED>
<DELETED> ``(8) An assessment of Federal investigative and
prosecution activity relating to reported incidents of child
exploitation crimes that include a number of factors,
including--</DELETED>
<DELETED> ``(A) the number of investigations,
arrests, prosecutions and convictions for a crime of
child exploitation; and</DELETED>
<DELETED> ``(B) the average sentence imposed and the
statutory maximum sentence that could be imposed for
each crime of child exploitation.</DELETED>
<DELETED> ``(9) A review of all available statistical data
indicating the overall magnitude of child pornography
trafficking in the United States and internationally,
including--</DELETED>
<DELETED> ``(A) the number of foreign and domestic
suspects observed engaging in accessing and sharing
child pornography;</DELETED>
<DELETED> ``(B) the number of tips or other
statistical data from the CyberTipline of the National
Center for Missing and Exploited Children and other
data indicating the magnitude of child pornography
trafficking; and</DELETED>
<DELETED> ``(C) any other statistical data
indicating the type, nature, and extent of child
exploitation crime in the United States and
abroad.''.</DELETED>
<DELETED> (b) Establishment of National ICAC Task Force Program.--
Section 102 of the PROTECT Our Children Act of 2008 (34 U.S.C. 21112)
is amended--</DELETED>
<DELETED> (1) in subsection (a)(1)--</DELETED>
<DELETED> (A) by inserting ``, Tribal, military,''
after ``State''; and</DELETED>
<DELETED> (B) by striking ``and child obscenity and
pornography cases'' and inserting ``child obscenity and
pornography cases, and the identification of child
victims'';</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (2), by striking
``consult with and consider'' and all that follows
through ``track record of success.'' and inserting ``,
evaluate the task forces funded under the ICAC Task
Force Program to determine if those task forces are
operating in an effective manner.'';</DELETED>
<DELETED> (B) in paragraph (3)(B)--</DELETED>
<DELETED> (i) by striking ``establish a new
task force'' and inserting ``establish a new or
continue an existing task force'';
and</DELETED>
<DELETED> (ii) by striking ``state'' and
inserting ``State''; and</DELETED>
<DELETED> (C) in paragraph (4)--</DELETED>
<DELETED> (i) in subparagraph (A), by
striking ``may'' and inserting
``shall'';</DELETED>
<DELETED> (ii) by striking subparagraph (B);
and</DELETED>
<DELETED> (iii) by redesignating
subparagraph (C) as subparagraph (B);
and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(c) Limited Liability for ICAC Task Forces.--</DELETED>
<DELETED> ``(1) In general.--Except as provided in paragraph
(2), a civil claim or criminal charge against an ICAC task
force established pursuant to this section and sections 103 and
104, including any law enforcement agency that participates on
such a task force or a director, officer, employee, or agent of
such a law enforcement agency, arising from the prioritization
decisions with respect to leads related to Internet crimes
against children described in section 104(8), may not be
brought in any Federal or State court.</DELETED>
<DELETED> ``(2) Intentional, reckless, or other
misconduct.--Paragraph (1) shall not apply to a claim if the
ICAC task force or law enforcement agency, or a director,
officer, employee, or agent of that law enforcement agency--
</DELETED>
<DELETED> ``(A) engaged in intentional misconduct;
or</DELETED>
<DELETED> ``(B) acted, or failed to act--</DELETED>
<DELETED> ``(i) with actual
malice;</DELETED>
<DELETED> ``(ii) with reckless disregard to
a substantial risk of causing physical injury
without legal justification; or</DELETED>
<DELETED> ``(iii) for a purpose unrelated to
the performance of any responsibility or
function under section 104(8).''.</DELETED>
<DELETED> (c) Purpose of ICAC Task Forces.--Section 103 of the
PROTECT Our Children Act of 2008 (34 U.S.C. 21113) is amended--
</DELETED>
<DELETED> (1) in paragraph (1), by inserting ``, and the
identification of child victims of those crimes'' before the
semicolon at the end;</DELETED>
<DELETED> (2) in paragraph (2), by inserting ``and
prioritizing investigations that task force personnel, through
the background, training and experience of those personnel and
the consideration of all relevant circumstances, determine to
be most likely to result in positive case outcomes and in the
rescue of children'' before the semicolon at the end;</DELETED>
<DELETED> (3) in paragraph (3)--</DELETED>
<DELETED> (A) by striking ``and local law
enforcement'' and inserting ``Tribal, military, and
local law enforcement''; and</DELETED>
<DELETED> (B) by inserting ``, including probation
and parole agencies, child advocacy centers, and child
protective services,'' after ``enforcement
agencies'';</DELETED>
<DELETED> (4) in paragraph (8), by striking ``and'' at the
end;</DELETED>
<DELETED> (5) in paragraph (9), by striking the period at
the end and inserting ``; and''; and</DELETED>
<DELETED> (6) by adding at the end the following:</DELETED>
<DELETED> ``(10) educating the judiciary on--</DELETED>
<DELETED> ``(A) the link between intrafamilial
contact offenses and technology-facilitated crimes;
and</DELETED>
<DELETED> ``(B) characteristics of internet
offenders, including the interest of online offenders
in incest-themed material, sadism, and other related
paraphilias or illegal activity.''.</DELETED>
<DELETED> (d) Duties and Functions of Task Forces.--Section 104 of
the PROTECT Our Children Act of 2008 (34 U.S.C. 21114) is amended--
</DELETED>
<DELETED> (1) in paragraph (3)--</DELETED>
<DELETED> (A) by inserting ``reactive and'' before
``proactive'';</DELETED>
<DELETED> (B) by inserting ``conduct digital''
before ``forensic examinations''; and</DELETED>
<DELETED> (C) by inserting ``engage in'' before
``effective prosecutions'';</DELETED>
<DELETED> (2) by striking paragraph (8) and inserting the
following:</DELETED>
<DELETED> ``(8) investigate, seek prosecution with respect
to, and identify child victims from leads relating to Internet
crimes against children, including CyberTipline reports, with
prioritization determined according to circumstances and by
each task force, as described in section 102;'';</DELETED>
<DELETED> (3) by striking paragraph (9); and</DELETED>
<DELETED> (4) by redesignating paragraphs (10) and (11) as
paragraphs (9) and (10), respectively.</DELETED>
<DELETED> (e) National Internet Crimes Against Children Data
System.--Section 105 of the PROTECT Our Children Act of 2008 (34 U.S.C.
21115) is amended--</DELETED>
<DELETED> (1) in subsection (a), by striking ``shall
establish'' and inserting ``may establish'';</DELETED>
<DELETED> (2) in subsection (b) by striking ``continue and
build upon Operation Fairplay developed by the Wyoming Attorney
General's office, which has established a secure, dynamic
undercover infrastructure that has facilitated'' and inserting
``facilitate''; and</DELETED>
<DELETED> (3) in subsection (g)--</DELETED>
<DELETED> (A) by striking paragraph (3);</DELETED>
<DELETED> (B) by redesignating paragraphs (4)
through (8) as paragraphs (3) through (7),
respectively; and</DELETED>
<DELETED> (C) in paragraph (7), as so redesignated,
by striking ``1 representative'' and inserting ``2
representatives''.</DELETED>
<DELETED> (f) ICAC Grant Program.--Section 106 of the PROTECT Our
Children Act of 2008 (34 U.S.C. 21116) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (2)(B)(ii)(II), by
striking ``Operation Fairplay,''; and</DELETED>
<DELETED> (B) in paragraph (3)--</DELETED>
<DELETED> (i) by striking subparagraph (A)
and inserting the following:</DELETED>
<DELETED> ``(A) Not less than 20 percent of the
total funds appropriated to carry out this section
shall be distributed to support the ICAC Task Force
Program through grants to--</DELETED>
<DELETED> ``(i) provide training and
technical assistance to members of the ICAC
Task Force Program;</DELETED>
<DELETED> ``(ii) maintain, enhance,
research, and develop tools and technology to
assist members of the ICAC Task Force
Program;</DELETED>
<DELETED> ``(iii) provide other support to
the ICAC Task Force Program determined by the
Attorney General;</DELETED>
<DELETED> ``(iv) conduct research;</DELETED>
<DELETED> ``(v) support the annual National
Law Enforcement Training on Child Exploitation
of the Office of Juvenile Justice and
Delin