--- Introduced (Senate)
+++ Reported (Senate)
@@ -1,8 +1,9 @@
[From the U.S. Government Publishing Office]
-[S. 539 Introduced in Senate (IS)]
+[S. 539 Reported in Senate (RS)]
<DOC>
+Calendar No. 80
119th CONGRESS
1st Session
S. 539
@@ -17,8 +18,15 @@
February 12, 2025
Mr. Cornyn (for himself, Mr. Blumenthal, Mrs. Blackburn, Ms. Klobuchar,
-Mr. Hawley, and Mr. Durbin) introduced the following bill; which was
-read twice and referred to the Committee on the Judiciary
+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]
_______________________________________________________________________
@@ -29,6 +37,332 @@
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
+Delinquency Prevention; and</DELETED>
+<DELETED> ``(vi) provide wellness
+training.''; and</DELETED>
+<DELETED> (2) in subsection (d)(1)--</DELETED>
+<DELETED> (A) in subparagraph (B)--</DELETED>
+<DELETED> (i) in clause (ii), by striking
+``and'' at the end;</DELETED>
+<DELETED> (ii) in clause (iii), by striking
+``, including'' and all that follows through
+``such crime under State law.'' and inserting
+``; and''; and</DELETED>
+<DELETED> (iii) by adding at the end the
+following:</DELETED>
+<DELETED> ``(iv) the number of child victims
+identified.'';</DELETED>
+<DELETED> (B) by striking subparagraph (D);
+and</DELETED>
+<DELETED> (C) by redesignating subparagraphs (E)
+through (G) as subparagraphs (D) through (F),
+respectively.</DELETED>
+<DELETED> (g) Authorization of Appropriations.--Section 107(a) of
+the PROTECT Our Children Act of 2008 (34 U.S.C. 21117(a)) is amended--
+</DELETED>
+<DELETED> (1) in paragraph (9), by striking ``and'' at the
+end;</DELETED>
+<DELETED> (2) in paragraph (10), by striking the period at
+the end and inserting a semicolon; and</DELETED>
+<DELETED> (3) by adding at the end the following:</DELETED>
+<DELETED> ``(11) $70,000,000 for fiscal year 2026;</DELETED>
+<DELETED> ``(12) $80,000,000 for fiscal year 2027;
+and</DELETED>
+<DELETED> ``(13) $90,000,000 for fiscal year
+2028.''.</DELETED>
+<DELETED> (h) Additional Regional Computer Forensic Labs.--The
+PROTECT Our Children Act of 2008 (34 U.S.C. 21101 et seq.) is amended
+by striking title II.</DELETED>
+<DELETED> (i) Reporting Requirements of Providers.--Section 2258A(c)
+of title 18, United States Code, is amended, in the matter preceding
+paragraph (1), by inserting ``and all supplemental data included in the
+report'' after ``each report made under subsection (a)(1)''.</DELETED>
SECTION 1. SHORT TITLE.
@@ -124,7 +458,7 @@
exploitation crimes that include a number of factors,
including--
``(A) the number of investigations, arrests,
-prosecutions and convictions for a crime of child
+prosecutions, and convictions for a crime of child
exploitation; and
``(B) the average sentence imposed and the
statutory maximum sentence that could be imposed for
@@ -189,12 +523,23 @@
``(A) engaged in intentional misconduct; or
``(B) acted, or failed to act--
``(i) with actual malice;
-``(ii) with reckless disregard to a
-substantial risk of causing physical injury
-without legal justification; or
+``(ii) with gross negligence or reckless
+disregard to a substantial risk of causing
+physical injury without legal justification; or
``(iii) for a purpose unrelated to the
performance of any responsibility or function
-under section 104(8).''.
+under section 104(8).
+``(3) Rule of construction.--Nothing in this section shall
+be construed to--
+``(A) create any independent basis of liability on
+behalf of, or any cause of action against--
+``(i) an ICAC task force; or
+``(ii) a law enforcement agency or a
+director, officer, employee, or agent of the
+law enforcement agency; or
+``(B) expand any liability otherwise imposed, or
+limit any defense to that liability, otherwise
+available under Federal or State law.''.
(c) Purpose of ICAC Task Forces.--Section 103 of the PROTECT Our
Children Act of 2008 (34 U.S.C. 21113) is amended--
(1) in paragraph (1), by inserting ``, and the
@@ -247,10 +592,10 @@
amended--
(1) in subsection (a), by striking ``shall establish'' and
inserting ``may establish'';
-(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
+(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
(3) in subsection (g)--
(A) by striking paragraph (3);
@@ -267,10 +612,10 @@
(B) in paragraph (3)--
(i) by striking subparagraph (A) and
inserting the following:
-``(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--
+``(A) In general.--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--
``(i) provide training and technical
assistance to members of the ICAC Task Force
Program;
@@ -316,4 +661,23 @@
18, United States Code, is amended, in the matter preceding paragraph
(1), by inserting ``and all supplemental data included in the report''
after ``each report made under subsection (a)(1)''.
-<all>
+Calendar No. 80
+
+119th CONGRESS
+
+1st Session
+
+S. 539
+
+_______________________________________________________________________
+
+A BILL
+
+To reauthorize the PROTECT Our Children Act of 2008, and for other
+purposes.
+
+_______________________________________________________________________
+
+May 20, 2025
+
+Reported with an amendment