34 U.S.C. § 21116 — ICAC grant program

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; Page 536 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 21117 1 So in original. Probably should be followed by a semicolon. (5) conduct and attend training sessions re- lated to successful investigations and prosecu- tions of Internet crimes against children; and (6) fund any other activities directly related to preventing, investigating, or prosecuting Internet crimes against children. (d) Reporting requirements (1) ICAC reports To measure the results of the activities funded by grants under this section, and to as- sist the Attorney General in complying with the Government Performance and Results Act (Public Law 103–62; 107 Stat. 285), each State or local ICAC task force receiving a grant under this section shall, on an annual basis, submit a report to the Attorney General that sets forth the following: (A) Staffing levels of the task force, in- cluding the number of investigators, pros- ecutors, education specialists, and forensic specialists dedicated to investigating and prosecuting Internet crimes against chil- dren. (B) Investigation and prosecution perform- ance measures of the task force, including— (i) the number of investigations initiated related to Internet crimes against chil- dren; (ii) the number of arrests related to Internet crimes against children; and (iii) the number of prosecutions for Internet crimes against children, includ- ing— (I) whether the prosecution resulted in a conviction for such crime; and (II) the sentence and the statutory maximum for such crime under State law. (C) The number of referrals made by the task force to the United States Attorneys of- fice, including whether the referral was ac- cepted by the United States Attorney. (D) Statistics that account for the disposi- tion of investigations that do not result in arrests or prosecutions, such as referrals to other law enforcement. (E) The number of investigative technical assistance sessions that the task force pro- vided to nonmember law enforcement agen- cies. (F) The number of computer forensic ex- aminations that the task force completed. (G) The number of law enforcement agen- cies participating in Internet crimes against children program standards established by the task force. (2) Report to Congress Not later than 1 year after October 13, 2008, the Attorney General shall submit a report to Congress on— (A) the progress of the development of the ICAC Task Force Program established under section 21112 of this title; and (B) the number of Federal and State inves- tigations, prosecutions, and convictions in the prior 12-month period related to child exploitation. (Pub. L. 110–401, title I, § 106, Oct. 13, 2008, 122 Stat. 4238.) Editorial Notes REFERENCES IN TEXT The Government Performance and Results Act, re- ferred to in subsec. (d)(1), probably means the Govern- ment Performance and Results Act of 1993, Pub. L. 103–62, Aug. 3, 1993, 107 Stat. 285, which enacted section 306 of Title 5, Government Organization and Employ- ees, sections 1115 to 1119, 9703, and 9704 of Title 31, Money and Finance, and sections 2801 to 2805 of Title 39, Postal Service, amended section 1105 of Title 31, and en- acted provisions set out as notes under sections 1101 and 1115 of Title 31. For complete classification of this Act to the Code, see Short Title of 1993 Amendment note set out under section 1101 of Title 31 and Tables. CODIFICATION Section was formerly classified to section 17616 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 21117. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this subchapter— (1) $60,000,000 for fiscal year 2009; (2) $60,000,000 for fiscal year 2010; (3) $60,000,000 for fiscal year 2011; (4) $60,000,000 for fiscal year 2012; (5) $60,000,000 for fiscal year 2013 1 (6) $60,000,000 for fiscal year 2014; (7) $60,000,000 for fiscal year 2015; (8) $60,000,000 for fiscal year 2016; (9) $60,000,000 for fiscal year 2017; and (10) $60,000,000 for each of fiscal years 2018 through 2024. (b) Availability Funds appropriated under subsection (a) shall remain available until expended. (Pub. L. 110–401, title I, § 107, Oct. 13, 2008, 122 Stat. 4241; Pub. L. 112–206, § 7, Dec. 7, 2012, 126 Stat. 1493; Pub. L. 115–82, § 2, Nov. 2, 2017, 131 Stat. 1266; Pub. L. 117–262, § 2, Dec. 21, 2022, 136 Stat. 2394.) Editorial Notes CODIFICATION Section was formerly classified to section 17617 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2022—Subsec. (a)(10). Pub. L. 117–262 substituted ‘‘2024’’ for ‘‘2022’’. 2017—Subsec. (a)(10). Pub. L. 115–82 substituted ‘‘each of fiscal years 2018 through 2022’’ for ‘‘fiscal year 2018’’. 2012—Subsec. (a)(6) to (10). Pub. L. 112–206 added pars. (6) to (10). SUBCHAPTER II—ADDITIONAL MEASURES TO COMBAT CHILD EXPLOITATION § 21131. Additional regional computer forensic labs (a) Additional resources The Attorney General shall establish addi- tional computer forensic capacity to address the current backlog for computer forensics, includ-