34 U.S.C. § 21115 — National Internet Crimes Against Chil-

Page 533 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 21115 purpose of which is to combat technology-fa- cilitated sexual exploitation crimes against children; (7) enhancing nationwide responses to Inter- net crimes against children offenses, including assisting other ICAC task forces, as well as other Federal, State, and local agencies with Internet crimes against children investiga- tions and prosecutions; (8) developing and delivering Internet crimes against children public awareness and preven- tion programs; and (9) participating in such other activities, both proactive and reactive, that will enhance investigations and prosecutions of Internet crimes against children. (Pub. L. 110–401, title I, § 103, Oct. 13, 2008, 122 Stat. 4234.) Editorial Notes CODIFICATION Section was formerly classified to section 17613 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 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 edu- cation specialists who are dedicated to ad- dressing the goals of such task force; (2) work consistently toward achieving the purposes described in section 21113 of this title; (3) engage in proactive investigations, foren- sic examinations, and effective prosecutions of Internet crimes against children; (4) provide forensic, preventive, and inves- tigative assistance to parents, educators, pros- ecutors, law enforcement, and others con- cerned with Internet crimes against children; (5) develop multijurisdictional, multiagency responses and partnerships to Internet crimes against children offenses through ongoing in- formational, administrative, and techno- logical 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 inves- tigate and prosecute such offenses; (6) participate in nationally coordinated in- vestigations in any case in which the Attorney General determines such participation to be necessary, as permitted by the available re- sources of such task force; (7) establish or adopt investigative and pros- ecution standards, consistent with established norms, to which such task force shall comply; (8) investigate, and seek prosecution on, tips related to Internet crimes against children, in- cluding tips from Operation Fairplay, the Na- tional Internet Crimes Against Children Data System established in section 21115 of this title, the National Center for Missing and Ex- ploited Children’s CyberTipline, ICAC task forces, and other Federal, State, and local agencies, with priority being given to inves- tigative leads that indicate the possibility of identifying or rescuing child victims, includ- ing investigative leads that indicate a likeli- hood of seriousness of offense or dangerous- ness to the community; (9) develop procedures for handling seized evidence; (10) maintain— (A) such reports and records as are re- quired under this subchapter; and (B) such other reports and records as de- termined by the Attorney General; and (11) 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. (Pub. L. 110–401, title I, § 104, Oct. 13, 2008, 122 Stat. 4235.) Editorial Notes CODIFICATION Section was formerly classified to section 17614 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 21115. National Internet Crimes Against Chil- dren Data System (a) In general The Attorney General shall establish, con- sistent with all existing Federal laws relating to the protection of privacy, a National Internet Crimes Against Children Data System. The sys- tem 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 Congress It is the purpose and intent of Congress that the National Internet Crimes Against Children Data System established in subsection (a) is in- tended to continue and build upon Operation Fairplay developed by the Wyoming Attorney General’s office, which has established a secure, dynamic undercover infrastructure that has fa- cilitated 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 system The National Internet Crimes Against Chil- dren Data System established under subsection (a) shall be dedicated to assisting and sup- porting credentialed law enforcement agencies authorized to investigate child exploitation in accordance with Federal, State, local, and tribal laws, including by providing assistance and sup- port to— (1) Federal agencies investigating and pros- ecuting child exploitation; (2) the ICAC Task Force Program estab- lished under section 21112 of this title; (3) State, local, and tribal agencies inves- tigating and prosecuting child exploitation; and (4) foreign or international law enforcement agencies, subject to approval by the Attorney General. Page 534 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 21115 (d) Cyber safe deconfliction and information sharing The National Internet Crimes Against Chil- dren 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 enforce- ment 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 con- tribute 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 facili- tate online law enforcement investigations of child exploitation; (C) facilitate the development of essential software and network capability for law en- forcement participants; and (D) provide software or direct hosting and support for online investigations of child ex- ploitation activities, or, in the alternative, provide users with a secure connection to an alternative system that provides such capa- bilities, provided that the system is hosted within a governmental agency or a credentialed law enforcement agency. (e) Collection and reporting of data (1) In general The National Internet Crimes Against Chil- dren Data System established under sub- section (a) shall ensure the following: (A) Real-time reporting All child exploitation cases involving local child victims that are reasonably detectable using available software and data are, imme- diately upon their detection, made available to participating law enforcement agencies. (B) High-priority suspects Every 30 days, at minimum, the National Internet Crimes Against Children Data Sys- tem 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 vic- tim; and (ii) report all such identified high-pri- ority suspects to participating law en- forcement agencies. (C) Annual reports Any 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 re- quired under section 21111(c)(16) of this title. (2) Rule of construction Nothing in this subsection shall be con- strued to limit the ability of participating law enforcement agencies to disseminate inves- tigative leads or statistical information in ac- cordance with State and local laws. (f) Mandatory requirements of network The National Internet Crimes Against Chil- dren Data System established under subsection (a) shall develop, deploy, and maintain an inte- grated 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 commu- nication and collaboration by Federal law en- forcement agencies, ICAC task forces, and other State, local, and tribal law enforcement agencies regarding ongoing investigations, in- vestigatory techniques, best practices, and any other relevant news and professional in- formation; (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 es- tablished security protocols and guidelines; (5) guidelines for use of the National Inter- net Crimes Against Children Data System by Federal, State, local, and tribal law enforce- ment 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 Committee The Attorney General shall establish a Na- tional 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 ex- pertise in child exploitation prevention and interdiction prosecution, investigation, or pre- vention, including— (1) 3 representatives elected by the local di- rectors of the ICAC task forces, such rep- resentatives shall represent different geo- graphic regions of the country; (2) 1 representative of the Department of Justice Office of Information Services; (3) 1 representative from Operation Fairplay, currently hosted at the Wyoming Office of the Attorney General; (4) 1 representative from the law enforce- ment agency having primary responsibility for hosting and maintaining the National Internet Crimes Against Children Data System; (5) 1 representative of the Federal Bureau of Investigation’s Innocent Images National Ini- tiative or Regional Computer Forensic Lab program; (6) 1 representative of the Immigration and Customs Enforcement’s Cyber Crimes Center; Page 535 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 21116 (7) 1 representative of the United States Postal Inspection Service; and (8) 1 representative of the Department of Justice. (h) Authorization of appropriations There are authorized to be appropriated for each of the fiscal years 2009 through 2016, $2,000,000 to carry out the provisions of this sec- tion. (Pub. L. 110–401, title I, § 105, Oct. 13, 2008, 122 Stat. 4236; Pub. L. 112–206, § 8, Dec. 7, 2012, 126 Stat. 1493.) Editorial Notes CODIFICATION Section was formerly classified to section 17615 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2012—Subsec. (e)(1)(B)(i). Pub. L. 112–206 struck out ‘‘the volume of suspected criminal activity or other’’ before ‘‘indicators of seriousness’’. § 21116. ICAC grant program (a) Establishment (1) In general The 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 formula At least 75 percent of the total funds ap- propriated to carry out this section shall be available to award or otherwise distribute grants pursuant to a funding formula estab- lished by the Attorney General in accord- ance with the requirements in subparagraph (B). (B) Formula requirements Any 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 de- termined by the most recent decennial census performed by the Bureau of the Census. (II) The number of investigative leads within the applicant’s jurisdiction gen- erated by Operation Fairplay, the ICAC Data Network, the CyberTipline, and other sources. (III) The number of criminal cases re- lated to Internet crimes against children referred to a task force for Federal, State, or local prosecution. (IV) The number of successful prosecu- tions of child exploitation cases by a task force. (V) The amount of training, technical assistance, and public education or out- reach by a task force related to the pre- vention, investigation, or prosecution of child exploitation offenses. (VI) Such other criteria as the Attor- ney General determines demonstrate the level of need for additional resources by a task force. (3) Distribution of remaining funds based on need (A) In general Any funds remaining from the total funds appropriated to carry out this section after funds have been made available to award or otherwise distribute formula grants under paragraph (2)(A) shall be distributed to State and local ICAC task forces based upon need, as set forth by criteria established by the Attorney General. Such criteria shall in- clude the factors under paragraph (2)(B)(ii). (B) Matching requirement A State or local ICAC task force shall con- tribute 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 subpara- graph (A). (C) Waiver The 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 finan- cial hardship. (b) Application (1) In general Each State or local ICAC task force seeking a grant under this section shall submit an ap- plication to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require. (2) Contents Each application submitted pursuant to paragraph (1) shall— (A) describe the activities for which assist- ance under this section is sought; and (B) provide such additional assurances as the Attorney General determines to be es- sential to ensure compliance with the re- quirements of this subchapter. (c) Allowable uses Grants awarded under this section may be used to— (1) hire personnel, investigators, prosecu- tors, education specialists, and forensic spe- cialists; (2) establish and support forensic labora- tories utilized in Internet crimes against chil- dren investigations; (3) support investigations and prosecutions of Internet crimes against children; (4) conduct and assist with education pro- grams to help children and parents protect themselves from Internet predators;