PROTECT Our Children Reauthorization Act of 2025
This bill reauthorizes through FY2028 and updates (1) the National Strategy for Child Exploitation Prevention and Interdiction (National Strategy), and (2) the National Internet Crimes Against Children (ICAC) Task Force Program.
With respect to the National Strategy, current law requires the Department of Justice (DOJ) to update the strategy every two years and include 19 specific elements in the strategy (e.g., long-range goals, annual measurable objectives, and future trends). This bill requires DOJ to update the National Strategy every four years. The bill also revises and consolidates the 19 required elements into 9 required elements, including an analysis of current trends and challenges as well as the overall magnitude of the threat of child exploitation.
The ICAC Task Force Program is a national network of task forces that support state and local efforts to investigate and prosecute the online sexual exploitation of children. This bill requires ICAC task forces to increase the investigative capacity of law enforcement to identify child victims and report the number of child victims identified in their annual reports. The bill also limits the liability of ICAC task forces for civil claims or criminal charges in federal or state court arising from decisions with respect to leads related to internet crimes against children.
Finally, the bill requires the National Center for Missing & Exploited Children to provide additional information to law enforcement agencies when it refers a report of online sexual exploitation of children for investigation.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1274 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 1274
To reauthorize the PROTECT Our Children Act of 2008, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 12, 2025
Ms. Wasserman Schultz (for herself, Mr. Van Drew, Mr. Moskowitz, and
Mr. Moran) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``PROTECT Our Children Reauthorization
Act of 2025''.
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 ``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 ``reactive and'' before
``proactive'';
(B) by inserting ``conduct digital'' before
``forensic examinations''; and
(C) 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) 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 2026;
``(12) $80,000,000 for fiscal year 2027; and
``(13) $90,000,000 for fiscal year 2028.''.
(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)''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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