USC Subchapter I

USC Subchapter I
in effect

34 U.S.C. § 21111 Establishment of National Strategy for Child Exploitation Prevention and Interdiction

(a) In generalThe Attorney General of the United States shall create and implement a National Strategy for Child Exploitation Prevention and Interdiction. (b) TimingNot later than 1 year after October 13, 2008, and on February 1 of every fourth year thereafter, the Attorney General shall submit to Congress the National Strategy established under subsection (a). (c) Required contents of National StrategyThe 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. (d) Appointment of high-level official(1) In generalThe Attorney General shall designate a senior official at the Department of Justice with experience in investigating or prosecuting child exploitation cases as the National Coordinator for Child Exploitation Prevention and Interdiction who shall be responsible for coordinating the development of the National Strategy established under subsection (a). The National Coordinator for Child Exploitation Prevention and Interdiction shall be a position in the Senior Executive Service. (2) DutiesThe duties of the official designated under paragraph (1) shall include—(A) acting as a liaison with all Federal agencies regarding the development of the National Strategy; (B) working to ensure that there is proper coordination among agencies in developing the National Strategy; (C) being knowledgeable about budget priorities and familiar with all efforts within the Department of Justice and the FBI related to child exploitation prevention and interdiction; and (D) communicating the National Strategy to Congress and being available to answer questions related to the strategy at congressional hearings, if requested by committees of appropriate jurisdictions, on the contents of the National Strategy and progress of the Department of Justice in implementing the National Strategy.

34 U.S.C. § 21112 Establishment of National ICAC Task Force Program

(a) Establishment(1) In generalThere is established within the Department of Justice, under the general authority of the Attorney General, a National Internet Crimes Against Children Task Force Program (hereinafter in this subchapter referred to as the “ICAC Task Force Program”), which shall consist of a national program of State, Tribal, military, and local law enforcement task forces dedicated to developing effective responses to online enticement of children by sexual predators, child exploitation, child obscenity and pornography cases, and the identification of child victims. (2) Intent of CongressIt is the purpose and intent of Congress that the ICAC Task Force Program established under paragraph (1) is intended to continue the ICAC Task Force Program authorized under title I of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998, and funded under title IV of the Juvenile Justice and Delinquency Prevention Act of 1974 [34 U.S.C. 11291 et seq.]. (b) National program(1) State representationThe ICAC Task Force Program established under subsection (a) shall include at least 1 ICAC task force in each State. (2) Capacity and continuity of investigationsIn order to maintain established capacity and continuity of investigations and prosecutions of child exploitation cases, the Attorney General, shall, in establishing the ICAC Task Force Program under subsection (a), evaluate the task forces funded under the ICAC Task Force Program to determine if those task forces are operating in an effective manner. (3) Ongoing reviewThe Attorney General shall—(A) conduct periodic reviews of the effectiveness of each ICAC task force established under this section; and (B) have the discretion to establish a new or continue an existing task force if the Attorney General determines that such decision will enhance the effectiveness of combating child exploitation provided that the Attorney General notifies Congress in advance of any such decision and that each State maintains at least 1 ICAC task force at all times. (4) Training(A) In generalThe Attorney General shall establish national training programs to support the mission of the ICAC task forces, including the effective use of the National Internet Crimes Against Children Data System. (B) ReviewThe Attorney General shall—(i) conduct periodic reviews of the effectiveness of each training session authorized by this paragraph; and (ii) consider outside reports related to the effective use of Federal funding in making future grant awards for training. (c) Limited liability for ICAC Task Forces(1) In generalExcept as provided in paragraph (2), a civil claim or criminal charge against an ICAC task force established pursuant to this section and sections 21113 and 21114 of this title, 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 21114(8) of this title, may not be brought in any Federal or State court. (2) Intentional, reckless, or other misconductParagraph (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 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 21114(8) of this title. (3) Rule of constructionNothing 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.

34 U.S.C. § 21113 Purpose of ICAC task forces

The ICAC Task Force Program, and each State or local ICAC task force that is part of the national program of task forces, shall be dedicated toward— (1) increasing the investigative capabilities of State and local law enforcement officers in the detection, investigation, and apprehension of Internet crimes against children offenses or offenders, including technology-facilitated child exploitation offenses, and the identification of child victims of those crimes; (2) conducting proactive and reactive Internet crimes against children investigations 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; (3) providing training and technical assistance to ICAC task forces and other Federal, State, Tribal, military, and local law enforcement agencies, including probation and parole agencies, child advocacy centers, and child protective services, in the areas of investigations, forensics, prosecution, community outreach, and capacity-building, using recognized experts to assist in the development and delivery of training programs; (4) increasing the number of Internet crimes against children offenses being investigated and prosecuted in both Federal and State courts; (5) creating a multiagency task force response to Internet crimes against children offenses within each State; (6) participating in the Department of Justice’s Project Safe Childhood initiative, the purpose of which is to combat technology-facilitated sexual exploitation crimes against children; (7) enhancing nationwide responses to Internet crimes against children offenses, including assisting other ICAC task forces, as well as other Federal, State, and local agencies with Internet crimes against children investigations and prosecutions; (8) developing and delivering Internet crimes against children public awareness and prevention programs; (9) participating in such other activities, both proactive and reactive, that will enhance investigations and prosecutions of Internet crimes against children; and (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.

34 U.S.C. § 21114 Duties and functions of task forces

Each State or local ICAC task force that is part of the national program of task forces shall— (1) consist of State and local investigators, prosecutors, forensic specialists, and education specialists who are dedicated to addressing the goals of such task force; (2) work consistently toward achieving the purposes described in section 21113 of this title; (3) engage in reactive and proactive investigations, conduct digital forensic examinations, and engage in effective prosecutions of Internet crimes against children; (4) provide forensic, preventive, and investigative assistance to parents, educators, prosecutors, law enforcement, and others concerned with Internet crimes against children; (5) develop multijurisdictional, multiagency responses and partnerships to Internet crimes against children offenses through ongoing informational, administrative, and technological support to other State and local law enforcement agencies, as a means for such agencies to acquire the necessary knowledge, personnel, and specialized equipment to investigate and prosecute such offenses; (6) participate in nationally coordinated investigations in any case in which the Attorney General determines such participation to be necessary, as permitted by the available resources of such task force; (7) establish or adopt investigative and prosecution standards, consistent with established norms, to which such task force shall comply; (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 21112 of this title; (9) maintain—(A) such reports and records as are required under this subchapter; and (B) such other reports and records as determined by the Attorney General; and (10) seek to comply with national standards regarding the investigation and prosecution of Internet crimes against children, as set forth by the Attorney General, to the extent such standards are consistent with the law of the State where the task force is located.

34 U.S.C. § 21115 National Internet Crimes Against Children Data System

(a) In generalThe Attorney General may establish, consistent with all existing Federal laws relating to the protection of privacy, a National Internet Crimes Against Children Data System. The system shall not be used to search for or obtain any information that does not involve the use of the Internet to facilitate child exploitation. (b) Intent of CongressIt is the purpose and intent of Congress that the National Internet Crimes Against Children Data System established in subsection (a) is intended to facilitate online law enforcement investigations of child exploitation, information sharing, and the capacity to collect and aggregate data on the extent of the problems of child exploitation. (c) Purpose of systemThe National Internet Crimes Against Children Data System established under subsection (a) shall be dedicated to assisting and supporting credentialed law enforcement agencies authorized to investigate child exploitation in accordance with Federal, State, local, and tribal laws, including by providing assistance and support to—(1) Federal agencies investigating and prosecuting child exploitation; (2) the ICAC Task Force Program established under section 21112 of this title; (3) State, local, and tribal agencies investigating and prosecuting child exploitation; and (4) foreign or international law enforcement agencies, subject to approval by the Attorney General. (d) Cyber safe deconfliction and information sharingThe National Internet Crimes Against Children Data System established under subsection (a)—(1) shall be housed and maintained within the Department of Justice or a credentialed law enforcement agency; (2) shall be made available for a nominal charge to support credentialed law enforcement agencies in accordance with subsection (c); and (3) shall—(A) allow Federal, State, local, and tribal agencies and ICAC task forces investigating and prosecuting child exploitation to contribute and access data for use in resolving case conflicts; (B) provide, directly or in partnership with a credentialed law enforcement agency, a dynamic undercover infrastructure to facilitate online law enforcement investigations of child exploitation; (C) facilitate the development of essential software and network capability for law enforcement participants; and (D) provide software or direct hosting and support for online investigations of child exploitation activities, or, in the alternative, provide users with a secure connection to an alternative system that provides such capabilities, provided that the system is hosted within a governmental agency or a credentialed law enforcement agency. (e) Collection and reporting of data(1) In generalThe National Internet Crimes Against Children Data System established under subsection (a) shall ensure the following:(A) Real-time reportingAll child exploitation cases involving local child victims that are reasonably detectable using available software and data are, immediately upon their detection, made available to participating law enforcement agencies. (B) High-priority suspectsEvery 30 days, at minimum, the National Internet Crimes Against Children Data System shall—(i) identify high-priority suspects, as such suspects are determined by indicators of seriousness of offense or dangerousness to the community or a potential local victim; and (ii) report all such identified high-priority suspects to participating law enforcement agencies. (C) Annual reportsAny statistical data indicating the overall magnitude of child pornography trafficking and child exploitation in the United States and internationally is made available and included in the National Strategy, as is required under section 21111(c)(16) of this title. (2) Rule of constructionNothing in this subsection shall be construed to limit the ability of participating law enforcement agencies to disseminate investigative leads or statistical information in accordance with State and local laws. (f) Mandatory requirements of networkThe National Internet Crimes Against Children Data System established under subsection (a) shall develop, deploy, and maintain an integrated technology and training program that provides—(1) a secure, online system for Federal law enforcement agencies, ICAC task forces, and other State, local, and tribal law enforcement agencies for use in resolving case conflicts, as provided in subsection (d); (2) a secure system enabling online communication and collaboration by Federal law enforcement agencies, ICAC task forces, and other State, local, and tribal law enforcement agencies regarding ongoing investigations, investigatory techniques, best practices, and any other relevant news and professional information; (3) a secure online data storage and analysis system for use by Federal law enforcement agencies, ICAC task forces, and other State, local, and tribal law enforcement agencies; (4) secure connections or interaction with State and local law enforcement computer networks, consistent with reasonable and established security protocols and guidelines; (5) guidelines for use of the National Internet Crimes Against Children Data System by Federal, State, local, and tribal law enforcement agencies and ICAC task forces; and (6) training and technical assistance on the use of the National Internet Crimes Against Children Data System by Federal, State, local, and tribal law enforcement agencies and ICAC task forces. (g) National Internet Crimes Against Children Data System Steering CommitteeThe Attorney General shall establish a National Internet Crimes Against Children Data System Steering Committee to provide guidance to the Network relating to the program under subsection (f), and to assist in the development of strategic plans for the System. The Steering Committee shall consist of 10 members with expertise in child exploitation prevention and interdiction prosecution, investigation, or prevention, including—(1) 3 representatives elected by the local directors of the ICAC task forces, such representatives shall represent different geographic regions of the country; (2) 1 representative of the Department of Justice Office of Information Services; (3) 1 representative from the law enforcement agency having primary responsibility for hosting and maintaining the National Internet Crimes Against Children Data System; (4) 1 representative of the Federal Bureau of Investigation’s Innocent Images National Initiative or Regional Computer Forensic Lab program; (5) 1 representative of the Immigration and Customs Enforcement’s Cyber Crimes Center; (6) 1 representative of the United States Postal Inspection Service; and (7) 2 representatives of the Department of Justice. (h) Authorization of appropriationsThere are authorized to be appropriated for each of the fiscal years 2009 through 2016, $2,000,000 to carry out the provisions of this section.

34 U.S.C. § 21116 ICAC grant program

(a) Establishment(1) In generalThe Attorney General is authorized to award grants to State and local ICAC task forces to assist in carrying out the duties and functions described under section 21114 of this title. (2) Formula grants(A) Development of formulaAt least 75 percent of the total funds appropriated to carry out this section shall be available to award or otherwise distribute grants pursuant to a funding formula established by the Attorney General in accordance with the requirements in subparagraph (B). (B) Formula requirementsAny formula established by the Attorney General under subparagraph (A) shall—(i) ensure that each State or local ICAC task force shall, at a minimum, receive an amount equal to 0.5 percent of the funds available to award or otherwise distribute grants under subparagraph (A); and (ii) take into consideration the following factors:(I) The population of each State, as determined by the most recent decennial census performed by the Bureau of the Census. (II) The number of investigative leads within the applicant’s jurisdiction generated by the ICAC Data Network, the CyberTipline, and other sources. (III) The number of criminal cases related to Internet crimes against children referred to a task force for Federal, State, or local prosecution. (IV) The number of successful prosecutions of child exploitation cases by a task force. (V) The amount of training, technical assistance, and public education or outreach by a task force related to the prevention, investigation, or prosecution of child exploitation offenses. (VI) Such other criteria as the Attorney General determines demonstrate the level of need for additional resources by a task force. (3) Distribution of remaining funds based on need(A) In generalNot 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. (B) Matching requirementA State or local ICAC task force shall contribute matching non-Federal funds in an amount equal to not less than 25 percent of the amount of funds received by the State or local ICAC task force under subparagraph (A). A State or local ICAC task force that is not able or willing to contribute matching funds in accordance with this subparagraph shall not be eligible for funds under subparagraph (A). (C) WaiverThe Attorney General may waive, in whole or in part, the matching requirement under subparagraph (B) if the State or local ICAC task force demonstrates good cause or financial hardship. (b) Application(1) In generalEach State or local ICAC task force seeking a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require. (2) ContentsEach application submitted pursuant to paragraph (1) shall—(A) describe the activities for which assistance under this section is sought; and (B) provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements of this subchapter. (c) Allowable usesGrants awarded under this section may be used to—(1) hire personnel, investigators, prosecutors, education specialists, and forensic specialists; (2) establish and support forensic laboratories utilized in Internet crimes against children investigations; (3) support investigations and prosecutions of Internet crimes against children; (4) conduct and assist with education programs to help children and parents protect themselves from Internet predators; (5) conduct and attend training sessions related to successful investigations and prosecutions of Internet crimes against children; and (6) fund any other activities directly related to preventing, investigating, or prosecuting Internet crimes against children. (d) Reporting requirements(1) ICAC reportsTo measure the results of the activities funded by grants under this section, and to assist the Attorney General in complying with the Government Performance and Results Act (Public Law 103–62; 107 Stat. 285), each State or local ICAC task force receiving a grant under this section shall, on an annual basis, submit a report to the Attorney General that sets forth the following:(A) Staffing levels of the task force, including the number of investigators, prosecutors, education specialists, and forensic specialists dedicated to investigating and prosecuting Internet crimes against children. (B) Investigation and prosecution performance measures of the task force, including—(i) the number of investigations initiated related to Internet crimes against children; (ii) the number of arrests related to Internet crimes against children; (iii) the number of prosecutions for Internet crimes against children; and (iv) the number of child victims identified. (C) The number of referrals made by the task force to the United States Attorneys office, including whether the referral was accepted by the United States Attorney. (D) The number of investigative technical assistance sessions that the task force provided to nonmember law enforcement agencies. (E) The number of computer forensic examinations that the task force completed. (F) The number of law enforcement agencies participating in Internet crimes against children program standards established by the task force. (2) Report to CongressNot later than 1 year after October 13, 2008, the Attorney General shall submit a report to Congress on—(A) the progress of the development of the ICAC Task Force Program established under section 21112 of this title; and (B) the number of Federal and State investigations, prosecutions, and convictions in the prior 12-month period related to child exploitation.

34 U.S.C. § 21117 Authorization of appropriations

(a) In generalThere are authorized to be appropriated to carry out this subchapter—(1) $60,000,000 for fiscal year 2009; (2) $60,000,000 for fiscal year 2010; (3) $60,000,000 for fiscal year 2011; (4) $60,000,000 for fiscal year 2012; (5) $60,000,000 for fiscal year 2013 11 So in original. Probably should be followed by a semicolon. (6) $60,000,000 for fiscal year 2014; (7) $60,000,000 for fiscal year 2015; (8) $60,000,000 for fiscal year 2016; (9) $60,000,000 for fiscal year 2017; (10) $60,000,000 for each of fiscal years 2018 through 2024; and (11) $60,000,000 for each of fiscal years 2026 through 2028. (b) AvailabilityFunds appropriated under subsection (a) shall remain available until expended.

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