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

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 Page 532 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 21113 1 So in original. Probably should be ‘‘ICAC task force’’. 2 So in original. Probably should be capitalized. Attorney General, a National Internet Crimes Against Children Task Force Program (herein- after in this subchapter referred to as the ‘‘ICAC Task Force Program’’), which shall consist of a national program of State and local law enforcement task forces dedicated to developing effective responses to online en- ticement of children by sexual predators, child exploitation, and child obscenity and pornog- raphy cases. (2) Intent of Congress It 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 De- linquency Prevention Act of 1974 [34 U.S.C. 11291 et seq.]. (b) National program (1) State representation The ICAC Task Force Program established under subsection (a) shall include at least 1 ICAC task force in each State. (2) Capacity and continuity of investigations In order to maintain established capacity and continuity of investigations and prosecu- tions of child exploitation cases, the Attorney General, shall, in establishing the ICAC Task Force Program under subsection (a) consult with and consider all 59 task forces in exist- ence on October 13, 2008. The Attorney General shall include all existing ICAC task forces in the ICAC Task Force Program, unless the At- torney General makes a determination that an existing ICAC 1 does not have a proven track record of success. (3) Ongoing review The Attorney General shall— (A) conduct periodic reviews of the effec- tiveness of each ICAC task force established under this section; and (B) have the discretion to establish a new task force if the Attorney General deter- mines that such decision will enhance the ef- fectiveness of combating child exploitation provided that the Attorney General notifies Congress in advance of any such decision and that each state 2 maintains at least 1 ICAC task force at all times. (4) Training (A) In general The Attorney General may establish na- tional training programs to support the mis- sion of the ICAC task forces, including the effective use of the National Internet Crimes Against Children Data System. (B) Limitation In establishing training courses under this paragraph, the Attorney General may not award any one entity other than a law en- forcement agency more than $4,000,000 annu- ally to establish and conduct training courses for ICAC task force members and other law enforcement officials. (C) Review The Attorney General shall— (i) conduct periodic reviews of the effec- tiveness of each training session author- ized by this paragraph; and (ii) consider outside reports related to the effective use of Federal funding in making future grant awards for training. (Pub. L. 110–401, title I, § 102, Oct. 13, 2008, 122 Stat. 4233; Pub. L. 112–206, § 5, Dec. 7, 2012, 126 Stat. 1493.) Editorial Notes REFERENCES IN TEXT Title I of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropria- tions Act, 1998, referred to in subsec. (a)(2), is title I of Pub. L. 105–119, Nov. 26, 1997, 111 Stat. 2440. For com- plete classification of title I to the Code, see Tables. The Juvenile Justice and Delinquency Prevention Act of 1974, referred to in subsec. (a)(2), is Pub. L. 93–415, Sept. 7, 1974, 88 Stat. 1109. Title IV of the Act is classified generally to subchapter IV (§ 11291 et seq.) of chapter 111 of this title. For complete classification of this Act to the Code, see Short Title of 1974 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was formerly classified to section 17612 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2012—Subsec. (b)(4)(B). Pub. L. 112–206 substituted ‘‘$4,000,000’’ for ‘‘$2,000,000’’. § 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 dedi- cated 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; (2) conducting proactive and reactive Inter- net crimes against children investigations; (3) providing training and technical assist- ance to ICAC task forces and other Federal, State, and local law enforcement agencies in the areas of investigations, forensics, prosecu- tion, community outreach, and capacity-build- ing, using recognized experts to assist in the development and delivery of training pro- grams; (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 re- sponse to Internet crimes against children of- fenses within each State; (6) participating in the Department of Jus- tice’s Project Safe Childhood initiative, the