34 U.S.C. § 21101 — Definitions

Page 529 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 21101 (A) costs and benefits of such data collec- tion standards; (B) data collection standards currently employed by each State, Indian tribe, or po- litical subdivision of a State; (C) data collection standards that should be considered to establish a model of prom- ising practices; and (D) a due process procedure for a national registry. (2) Report Not later than 1 year after July 27, 2006, the Secretary of Homeland Security shall submit to the Committees on the Judiciary in the House of Representatives and the United States Senate and the Senate Committee on Health, Education, Labor and Pensions and the House Committee on Education and the Workforce a report containing the rec- ommendations and findings of the study on data collection standards for a national child abuse registry authorized under this sub- section. (3) Authorization of appropriations There is authorized to be appropriated $500,000 for the period of fiscal years 2006 and 2007 to carry out the study required by this subsection. (Pub. L. 109–248, title VI, § 633, July 27, 2006, 120 Stat. 642.) Editorial Notes REFERENCES IN TEXT Section 5106a(b)(2)(A) of title 42, referred to in sub- secs. (c)(2)(B) and (f), was redesignated section 5106a(b)(2)(B) of title 42 by Pub. L. 111–320, title I, § 115(c)(2)(A), Dec. 20, 2010, 124 Stat. 3469. CODIFICATION Section was formerly classified to section 16990 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20991. Annual report on enforcement of reg- istration requirements Not later than July 1 of each year, the Attor- ney General shall submit a report to Congress describing— (1) the use by the Department of Justice of the United States Marshals Service to assist jurisdictions in locating and apprehending sex offenders who fail to comply with sex offender registration requirements, as authorized by this chapter; (2) the use of section 2250 of title 18 to punish offenders for failure to register; (3) a detailed explanation of each jurisdic- tion’s compliance with subchapter I of this chapter; (4) a detailed description of Justice Depart- ment efforts to ensure compliance and any funding reductions, the basis for any decision to reduce funding or not to reduce funding under section 20927 of this title; and (5) the denial or grant of any extensions to comply with subchapter I of this chapter, and the reasons for such denial or grant. (Pub. L. 109–248, title VI, § 635, July 27, 2006, 120 Stat. 644.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in par. (1), was in the origi- nal ‘‘this Act’’, meaning Pub. L. 109–248, July 27, 2006, 120 Stat. 587, known as the Adam Walsh Child Protec- tion and Safety Act of 2006. For complete classification of this Act to the Code, see Short Title of 2006 Act note set out under section 10101 of this title and Tables. Subchapter I of this chapter, referred to in pars. (3) and (5), was in the original ‘‘the Sex Offender Registra- tion and Notification Act’’, meaning title I of Pub. L. 109–248, July 27, 2006, 120 Stat. 590. For complete classi- fication of title I to the Code, see Short Title of 2006 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was formerly classified to section 16991 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. CHAPTER 211—COMBATING CHILD EXPLOITATION Sec. 21101. Definitions. SUBCHAPTER I—NATIONAL STRATEGY FOR CHILD EXPLOITATION PREVENTION AND INTERDICTION 21111. Establishment of National Strategy for Child Exploitation Prevention and Interdiction. 21112. Establishment of National ICAC Task Force Program. 21113. Purpose of ICAC task forces. 21114. Duties and functions of task forces. 21115. National Internet Crimes Against Children Data System. 21116. ICAC grant program. 21117. Authorization of appropriations. SUBCHAPTER II—ADDITIONAL MEASURES TO COMBAT CHILD EXPLOITATION 21131. Additional regional computer forensic labs. § 21101. Definitions In this chapter, the following definitions shall apply: (1) Child exploitation The term ‘‘child exploitation’’ means any conduct, attempted conduct, or conspiracy to engage in conduct involving a minor that vio- lates section 1591, chapter 109A, chapter 110, and chapter 117 of title 18 or any sexual activ- ity involving a minor for which any person can be charged with a criminal offense. (2) Child obscenity The term ‘‘child obscenity’’ means any vis- ual depiction proscribed by section 1466A of title 18. (3) Minor The term ‘‘minor’’ means any person under the age of 18 years. (4) Sexually explicit conduct The term ‘‘sexually explicit conduct’’ has the meaning given such term in section 2256 of title 18. (Pub. L. 110–401, § 2, Oct. 13, 2008, 122 Stat. 4229.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 110–401, Oct. 13, 2008, 122 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.