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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5060 Engrossed in Senate (ES)]

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118th CONGRESS
  2d Session
                                S. 5060

_______________________________________________________________________

                                 AN ACT

 
  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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``PROTECT Our Children Reauthorization 
Act of 2024''.

SEC. 2. REAUTHORIZATION.

    (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--
            (1) in subsection (b), by striking ``every second year'' 
        and inserting ``every fourth year''; and
            (2) by striking subsection (c) and inserting the following:
    ``(c) Required Contents of National Strategy.--The National 
Strategy established under subsection (a) shall include the following:
            ``(1) An analysis of current trends, challenges, and the 
        overall magnitude of the threat of child exploitation.
            ``(2) An analysis of future trends and challenges, 
        including new technologies, that will impact the efforts to 
        combat child exploitation.
            ``(3) Goals and strategic solutions to prevent and 
        interdict child exploitation, including--
                    ``(A) plans for interagency coordination;
                    ``(B) engagement with the judicial branches of the 
                Federal Government and State governments;
                    ``(C) legislative recommendations for combating 
                child exploitation;
                    ``(D) cooperation with international, State, local, 
                and Tribal law enforcement agencies; and
                    ``(E) engagement with the private sector and other 
                entities involved in efforts to combat child 
                exploitation.
            ``(4) An analysis of Federal efforts dedicated to combating 
        child exploitation, including--
                    ``(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
                    ``(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.
            ``(5) An estimate of the resources required to effectively 
        respond to child exploitation crimes at scale by--
                    ``(A) each ICAC task force;
                    ``(B) the Federal Bureau of Investigation, 
                including investigators, forensic interviewers, and 
                analysts of victims, witnesses, and forensics;
                    ``(C) Homeland Security Investigations, including 
                forensic interviewers and analysts of victims, 
                witnesses, and forensics;
                    ``(D) the United States Marshals Service;
                    ``(E) the United States Secret Service;
                    ``(F) the United States Postal Service;
                    ``(G) the criminal investigative offices of the 
                Department of Defense; and
                    ``(H) any component of an agency described in this 
                paragraph;
            ``(6) A review of the Internet Crimes Against Children Task 
        Force Program, including--
                    ``(A) the number of ICAC task forces and the 
                location of each ICAC task force;
                    ``(B) the number of trained personnel at each ICAC 
                task force;
                    ``(C) the amount of Federal grants awarded to each 
                ICAC task force; and
                    ``(D) an assessment of the Federal, State, and 
                local cooperation with respect to each ICAC task force, 
                including--
                            ``(i) the number of arrests made by each 
                        ICAC task force;
                            ``(ii) the number of criminal referrals to 
                        United States attorneys for prosecution;
                            ``(iii) the number of prosecutions and 
                        convictions from the referrals described in 
                        clause (ii);
                            ``(iv) the number, if available, of local 
                        prosecutions and convictions based on ICAC task 
                        force investigations; and
                            ``(v) any other information determined by 
                        the Attorney General demonstrating the level of 
                        Federal, State, Tribal, and local coordination 
                        and cooperation.
            ``(7) An assessment of training needs for each ICAC task 
        force and affiliated agencies.
            ``(8) An assessment of Federal investigative and 
        prosecution activity relating to reported incidents of child 
        exploitation crimes that include a number of factors, 
        including--
                    ``(A) the number of investigations, arrests, 
                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 
                each crime of child exploitation.
            ``(9) A review of all available statistical data indicating 
        the overall magnitude of child pornography trafficking in the 
        United States and internationally, including--
                    ``(A) the number of foreign and domestic suspects 
                observed engaging in accessing and sharing child 
                pornography;
                    ``(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
                    ``(C) any other statistical data indicating the 
                type, nature, and extent of child exploitation crime in 
                the United States and abroad.''.
    (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--
            (1) in subsection (a)(1)--
                    (A) by inserting ``, Tribal, military,'' after 
                ``State''; and
                    (B) by striking ``and child obscenity and 
                pornography cases'' and inserting ``child obscenity and 
                pornography cases, and the identification of child 
                victims'';
            (2) in subsection (b)--
                    (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.'';
                    (B) in paragraph (3)(B)--
                            (i) by striking ``establish a new task 
                        force'' and inserting ``establish a new or 
                        continue an existing task force''; and
                            (ii) by striking ``state'' and inserting 
                        ``State''; and
                    (C) in paragraph (4)--
                            (i) in subparagraph (A), by striking 
                        ``may'' and inserting ``shall'';
                            (ii) by striking subparagraph (B); and
                            (iii) by redesignating subparagraph (C) as 
                        subparagraph (B); and
            (3) by adding at the end the following:
    ``(c) Limited Liability for ICAC Task Forces.--
            ``(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.
            ``(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--
                    ``(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
                            ``(iii) for a purpose unrelated to the 
                        performance of any responsibility or function 
                        under section 104(8).''.
    (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 
        identification of child victims of those crimes'' before the 
        semicolon at the end;
            (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;
            (3) in paragraph (3)--
                    (A) by striking ``and local law enforcement'' and 
                inserting ``Tribal, military, and local law 
                enforcement''; and
                    (B) by inserting ``, including probation and parole 
                agencies, child advocacy centers, and child protective 
                services,'' after ``enforcement agencies'';
            (4) in paragraph (8), by striking ``and'' at the end;
            (5) in paragraph (9), by striking the period at the end and 
        inserting ``; and''; and
            (6) by adding at the end the following:
            ``(10) educating the judiciary on--
                    ``(A) the link between intrafamilial contact 
                offenses and technology-facilitated crimes; and
                    ``(B) characteristics of internet offenders, 
                including the interest of online offenders in incest-
                themed material, sadism, and other related paraphilias 
                or illegal activity.''.
    (d) Duties and Functions of Task Forces.--Section 104 of the 
PROTECT Our Children Act of 2008 (34 U.S.C. 21114) is amended--
            (1) in paragraph (3)--
                    (A) by inserting ``conduct digital'' before 
                ``forensic examinations''; and
                    (B) by inserting ``engage in'' before ``effective 
                prosecutions'';
            (2) by striking paragraph (8) and inserting the following:
            ``(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(3);'';
            (3) by striking paragraph (9); and
            (4) by redesignating paragraphs (10) and (11) as paragraphs 
        (9) and (10), respectively.
    (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--
            (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 
        ``facilitate''; and
            (3) in subsection (g)--
                    (A) by striking paragraph (3);
                    (B) by redesignating paragraphs (4) through (8) as 
                paragraphs (3) through (7), respectively; and
                    (C) in paragraph (7), as so redesignated, by 
                striking ``1 representative'' and inserting ``2 
                representatives''.
    (f) ICAC Grant Program.--Section 106 of the PROTECT Our Children 
Act of 2008 (34 U.S.C. 21116) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)(B)(ii)(II), by striking 
                ``Operation Fairplay,''; and
                    (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--
                            ``(i) provide training and technical 
                        assistance to members of the ICAC Task Force 
                        Program;
                            ``(ii) maintain, enhance, research, and 
                        develop tools and technology to assist members 
                        of the ICAC Task Force Program;
                            ``(iii) provide other support to the ICAC 
                        Task Force Program determined by the Attorney 
                        General;
                            ``(iv) conduct research;
                            ``(v) support the annual National Law 
                        Enforcement Training on Child Exploitation of 
                        the Office of Juvenile Justice and Delinquency 
                        Prevention; and
                            ``(vi) provide wellness training.''; and
            (2) in subsection (d)(1)--
                    (A) in subparagraph (B)--
                            (i) in clause (ii), by striking ``and'' at 
                        the end;
                            (ii) in clause (iii), by striking ``, 
                        including'' and all that follows through ``such 
                        crime under State law.'' and inserting ``; 
                        and''; and
                            (iii) by adding at the end the following:
                            ``(iv) the number of child victims 
                        identified.'';
                    (B) by striking subparagraph (D); and
                    (C) by redesignating subparagraphs (E) through (G) 
                as subparagraphs (D) through (F), respectively.
    (g) Authorization of Appropriations.--Section 107(a) of the PROTECT 
Our Children Act of 2008 (34 U.S.C. 21117(a)) is amended--
            (1) in paragraph (9), by striking ``and'' at the end;
            (2) in paragraph (10), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(11) $70,000,000 for fiscal year 2025;
            ``(12) $80,000,000 for fiscal year 2026; and
            ``(13) $90,000,000 for fiscal year 2027.''.
    (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.
    (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)''.

            Passed the Senate December 11, 2024.

            Attest:

                                                             Secretary.
118th CONGRESS

  2d Session

                                S. 5060

_______________________________________________________________________

                                 AN ACT

  To reauthorize the PROTECT Our Children Act of 2008, and for other 
                               purposes.
```