PROTECT Our Children Reauthorization Act of 2025 · Introduced in House (2025-02-12) · Congress.wiki

H.R. 1274

119th CONGRESS 1st Session

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

IN THE HOUSE OF REPRESENTATIVES · February 12, 2025 · Sponsor: Ms. Wasserman Schultz · Committee: Committee on the Judiciary

H.R. 1274
- SEC. 1. Short title
- SEC. 2. Reauthorization

SEC. 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 () is amended— 34 U.S.C. 21111
  - in subsection (b), by striking every second yearand inserting every fourth year; and
  - 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:
        
        An analysis of current trends, challenges, and the overall magnitude of the threat of child exploitation.
        
        An analysis of future trends and challenges, including new technologies, that will impact the efforts to combat child exploitation.
        
        Goals and strategic solutions to prevent and interdict child exploitation, including—
        
        plans for interagency coordination;
        
        engagement with the judicial branches of the Federal Government and State governments;
        
        legislative recommendations for combating child exploitation;
        
        cooperation with international, State, local, and Tribal law enforcement agencies; and
        
        engagement with the private sector and other entities involved in efforts to combat child exploitation.
        
        An analysis of Federal efforts dedicated to combating child exploitation, including—
        
        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
        
        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.
        
        An estimate of the resources required to effectively respond to child exploitation crimes at scale by—
        
        each ICAC task force;
        
        the Federal Bureau of Investigation, including investigators, forensic interviewers, and analysts of victims, witnesses, and forensics;
        
        Homeland Security Investigations, including forensic interviewers and analysts of victims, witnesses, and forensics;
        
        the United States Marshals Service;
        
        the United States Secret Service;
        
        the United States Postal Service;
        
        the criminal investigative offices of the Department of Defense; and
        
        any component of an agency described in this paragraph;
        
        A review of the Internet Crimes Against Children Task Force Program, including—
        
        the number of ICAC task forces and the location of each ICAC task force;
        
        the number of trained personnel at each ICAC task force;
        
        the amount of Federal grants awarded to each ICAC task force; and
        
        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.
        
        An assessment of training needs for each ICAC task force and affiliated agencies.
        
        An assessment of Federal investigative and prosecution activity relating to reported incidents of child exploitation crimes that include a number of factors, including—
        
        the number of investigations, arrests, prosecutions and convictions for a crime of child exploitation; and
        
        the average sentence imposed and the statutory maximum sentence that could be imposed for each crime of child exploitation.
        
        A review of all available statistical data indicating the overall magnitude of child pornography trafficking in the United States and internationally, including—
        
        the number of foreign and domestic suspects observed engaging in accessing and sharing child pornography;
        
        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
        
        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 () is amended— 34 U.S.C. 21112
  - in subsection (a)(1)—
    - by inserting after ; and
    - by striking and child obscenity and pornography casesand inserting child obscenity and pornography cases, and the identification of child victims;
  - in subsection (b)—
    - in paragraph (2), by striking consult with and considerand all that follows through and inserting track record of success.;
    - in paragraph (3)(B)—
      - (i) by striking establish a new task forceand inserting establish a new or continue an existing task force; and
      - (ii) by striking stateand inserting State; and
    - in paragraph (4)—
      - (i) in subparagraph (A), by striking mayand inserting shall;
      - (ii) by striking subparagraph (B); and
      - (iii) by redesignating subparagraph (C) as subparagraph (B); and
    - (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—
        
        engaged in intentional misconduct; or
        
        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).
  - by adding at the end the following:
(c) Purpose of ICAC task forces
- Section 103 of the PROTECT Our Children Act of 2008 () is amended— 34 U.S.C. 21113
  - in paragraph (1), by inserting before the semicolon at the end;
  - in paragraph (2), by inserting before the semicolon at the end;
  - in paragraph (3)—
    - by striking and local law enforcementand inserting Tribal, military, and local law enforcement; and
    - by inserting after ;
  - in paragraph (8), by striking and at the end;
  - in paragraph (9), by striking the period at the end and inserting ; and; and
    - educating the judiciary on—
      - the link between intrafamilial contact offenses and technology-facilitated crimes; and
      - characteristics of internet offenders, including the interest of online offenders in incest-themed material, sadism, and other related paraphilias or illegal activity.
  - by adding at the end the following:
(d) Duties and functions of task forces
- Section 104 of the PROTECT Our Children Act of 2008 () is amended— 34 U.S.C. 21114
  - in paragraph (3)—
    - by inserting before ;
    - by inserting before ; and
    - by inserting before ;
  - by striking paragraph (8) and inserting the following:
    - 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;
  - by striking paragraph (9); and
  - 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 () is amended— 34 U.S.C. 21115
  - in subsection (a), by striking shall establishand inserting may establish;
  - 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 facilitatedand inserting facilitate; and
  - in subsection (g)—
    - by striking paragraph (3);
    - by redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively; and
    - in paragraph (7), as so redesignated, by striking 1 representativeand inserting 2 representatives.
(f) ICAC grant program
- Section 106 of the PROTECT Our Children Act of 2008 () is amended— 34 U.S.C. 21116
  - in subsection (a)—
    - in paragraph (2)(B)(ii)(II), by striking ; and
    - in paragraph (3)—
      - (i) by striking subparagraph (A) and inserting the following:
        
        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.
  - in subsection (d)(1)—
    - in subparagraph (B)—
      - (i) in clause (ii), by striking and at the end;
      - (ii) in clause (iii), by striking , includingand all that follows through and inserting such crime under State law.; and
      - (iii) by adding at the end the following:
        
        (iv) the number of child victims identified.
    - by striking subparagraph (D); and
    - 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 () is amended— 34 U.S.C. 21117(a)
  - in paragraph (9), by striking and at the end;
  - in paragraph (10), by striking the period at the end and inserting a semicolon; and
    - $70,000,000 for fiscal year 2026;
    - $80,000,000 for fiscal year 2027; and
    - $90,000,000 for fiscal year 2028.
  - by adding at the end the following:
(h) Additional regional computer forensic labs
- The PROTECT Our Children Act of 2008 () is amended by striking title II. 34 U.S.C. 21101 et seq.
(i) Reporting requirements of providers
- Section 2258A(c) of title 18, United States Code, is amended, in the matter preceding paragraph (1), by inserting after .

H.R. 1274

Table of contents

SEC. 1. Short title

SEC. 2. Reauthorization