[Congressional Record Volume 170, Number 184 (Wednesday, December 11, 2024)]
[Senate]
[Pages S6975-S6976]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROTECT OUR CHILDREN REAUTHORIZATION ACT OF 2024
Mr. MANCHIN. Madam President, I ask unanimous consent that the
Committee on the Judiciary be discharged from further consideration of
S. 5060 and the Senate proceed to its immediate consideration.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 5060) to reauthorize the PROTECT Our Children
Act of 2008, and for other purposes.
There being no objection, the committee was discharged, and the
Senate proceeded to consider the bill.
Mr. MANCHIN. I ask unanimous consent that the bill be considered read
a third time and passed and the motion to reconsider be considered made
and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 5060) was ordered to be engrossed for a third reading,
was read the third time, and passed as follows:
S. 5060
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.
[[Page S6976]]
``(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)''.
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