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

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 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.