34 U.S.C. § 21111 — Establishment of National Strategy for

Page 530 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 21111 1 So in original. The comma probably should not appear. 2 So in original. Probably should not be capitalized. Stat. 4229, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title of 2008 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was formerly classified to section 17601 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. SUBCHAPTER I—NATIONAL STRATEGY FOR CHILD EXPLOITATION PREVENTION AND INTERDICTION § 21111. Establishment of National Strategy for Child Exploitation Prevention and Interdic- tion (a) In general The Attorney General of the United States shall create and implement a National Strategy for Child Exploitation Prevention and Interdic- tion. (b) Timing Not later than 1 year after October 13, 2008, and on February 1 of every second year there- after, the Attorney General shall submit to Con- gress the National Strategy established under subsection (a). (c) Required contents of National Strategy The National Strategy established under sub- section (a) shall include the following: (1) Comprehensive long-range,1 goals for re- ducing child exploitation. (2) Annual measurable objectives and spe- cific targets to accomplish long-term, quan- tifiable goals that the Attorney General deter- mines may be achieved during each year be- ginning on the date when the National Strat- egy is submitted. (3) Annual budget priorities and Federal ef- forts dedicated to combating child exploi- tation, including resources dedicated to Inter- net Crimes Against Children task forces, Project Safe Childhood, FBI Innocent Images Initiative, the National Center for Missing and Exploited Children, regional forensic com- puter labs, Internet Safety 2 programs, and all other entities whose goal or mission is to com- bat the exploitation of children that receive Federal support. (4) A 5-year projection for program and budget goals and priorities. (5) A review of the policies and work of the Department of Justice related to the preven- tion and investigation of child exploitation crimes, including efforts at the Office of Jus- tice Programs, the Criminal Division of the Department of Justice, the Executive Office of United States Attorneys, the Federal Bureau of Investigation, the Office of the Attorney General, the Office of the Deputy Attorney General, the Office of Legal Policy, and any other agency or bureau of the Department of Justice whose activities relate to child exploi- tation. (6) A description of the Department’s efforts to coordinate with international, State, local, tribal law enforcement, and private sector en- tities on child exploitation prevention and interdiction efforts. (7) Plans for interagency coordination re- garding the prevention, investigation, and ap- prehension of individuals exploiting children, including cooperation and collaboration with— (A) Immigration and Customs Enforce- ment; (B) the United States Postal Inspection Service; (C) the Department of State; (D) the Department of Commerce; (E) the Department of Education; (F) the Department of Health and Human Services; and (G) other appropriate Federal agencies. (8) A review of the Internet Crimes Against Children Task Force Program, including— (A) the number of ICAC task forces and lo- cation 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; (D) an assessment of the Federal, State, and local cooperation in each task force, in- cluding— (i) the number of arrests made by each task force; (ii) the number of criminal referrals to United States attorneys for prosecution; (iii) the number of prosecutions and con- victions from the referrals made under clause (ii); (iv) the number, if available, of local prosecutions and convictions based on ICAC task force investigations; and (v) any other information demonstrating the level of Federal, State, and local co- ordination and cooperation, as such infor- mation is to be determined by the Attor- ney General; (E) an assessment of the training opportu- nities and technical assistance available to support ICAC task force grantees; and (F) an assessment of the success of the Internet Crimes Against Children Task Force Program at leveraging State and local resources and matching funds. (9) An assessment of the technical assistance and support available for Federal, State, local, and tribal law enforcement agencies, in the prevention, investigation, and prosecution of child exploitation crimes. (10) A review of the backlog of forensic anal- ysis for child exploitation cases at each FBI Regional Forensic lab and an estimate of the backlog at State and local labs. (11) Plans for reducing the forensic backlog described in paragraph (10), if any, at Federal, State and local forensic labs. (12) A review of the Federal programs re- lated to child exploitation prevention and edu- cation, including those related to Internet safety, including efforts by the private sector and nonprofit entities, or any other initia- tives, that have proven successful in pro- moting child safety and Internet safety. Page 531 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 21112 (13) An assessment of the future trends, chal- lenges, and opportunities, including new tech- nologies, that will impact Federal, State, local, and tribal efforts to combat child exploi- tation. (14) Plans for liaisons with the judicial branches of the Federal and State govern- ments on matters relating to child exploi- tation. (15) An assessment of Federal investigative and prosecution activity relating to reported incidents of child exploitation crimes, which shall include a number of factors, including— (A) the number of high-priority suspects (identified because of the volume of sus- pected criminal activity or because of the danger to the community or a potential vic- tim) who were investigated and prosecuted; (B) the number of investigations, arrests, prosecutions and convictions for a crime of child exploitation; and (C) the average sentence imposed and stat- utory maximum for each crime of child ex- ploitation. (16) A review of all available statistical data indicating the overall magnitude of child por- nography trafficking in the United States and internationally, including— (A) the number of computers or computer users, foreign and domestic, observed engag- ing in, or suspected by law enforcement agencies and other sources of engaging in, peer-to-peer file sharing of child pornog- raphy; (B) the number of computers or computer users, foreign and domestic, observed engag- ing in, or suspected by law enforcement agencies and other reporting sources of en- gaging in, buying and selling, or other com- mercial activity related to child pornog- raphy; (C) the number of computers or computer users, foreign and domestic, observed engag- ing in, or suspected by law enforcement agencies and other sources of engaging in, all other forms of activity related to child pornography; (D) the number of tips or other statistical data from the National Center for Missing and Exploited Children’s CyberTipline and other data indicating the magnitude of child pornography trafficking; and (E) any other statistical data indicating the type, nature, and extent of child exploi- tation crime in the United States and abroad. (17) Copies of recent relevant research and studies related to child exploitation, includ- ing— (A) studies related to the link between possession or trafficking of child pornog- raphy and actual abuse of a child; (B) studies related to establishing a link between the types of files being viewed or shared and the type of illegal activity; and (C) any other research, studies, and avail- able information related to child exploi- tation. (18) A review of the extent of cooperation, coordination, and mutual support between pri- vate sector and other entities and organiza- tions and Federal agencies, including the in- volvement of States, local and tribal govern- ment agencies to the extent Federal programs are involved. (19) The results of the Project Safe Child- hood Conference or other conferences or meet- ings convened by the Department of Justice related to combating child exploitation. (d) Appointment of high-level official (1) In general The Attorney General shall designate a sen- ior official at the Department of Justice with experience in investigating or prosecuting child exploitation cases as the National Coor- dinator for Child Exploitation Prevention and Interdiction who shall be responsible for co- ordinating 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) Duties The 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 pri- orities and familiar with all efforts within the Department of Justice and the FBI re- lated 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 congres- sional 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. (Pub. L. 110–401, title I, § 101, Oct. 13, 2008, 122 Stat. 4230; Pub. L. 112–206, § 6, Dec. 7, 2012, 126 Stat. 1493.) Editorial Notes CODIFICATION Section was formerly classified to section 17611 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2012—Subsec. (d)(1). Pub. L. 112–206 substituted ‘‘with experience in investigating or prosecuting child exploi- tation cases as the National Coordinator for Child Ex- ploitation Prevention and Interdiction who shall be re- sponsible’’ for ‘‘to be responsible’’ and inserted at end ‘‘The National Coordinator for Child Exploitation Pre- vention and Interdiction shall be a position in the Sen- ior Executive Service.’’ § 21112. Establishment of National ICAC Task Force Program (a) Establishment (1) In general There is established within the Department of Justice, under the general authority of the