42 U.S.C. § 17611 (THE PUBLIC HEALTH AND WELFARE)
§ 17611. Establishment of National Strategy for Child Exploitation Prevention and Interdiction
(a) In general
The Attorney General of the United States shall create and implement a National Strategy for Child Exploitation Prevention and Interdiction.
(b) Timing
Not later than 1 year after October 13, 2008, and on February 1 of every second year thereafter, the Attorney General shall submit to Congress the National Strategy established under subsection (a).
(c) Required contents of National Strategy
The National Strategy established under subsection (a) shall include the following:
(1) Comprehensive long-range,1 goals for reducing child exploitation.
(2) Annual measurable objectives and specific targets to accomplish long-term, quantifiable goals that the Attorney General determines may be achieved during each year beginning on the date when the National Strategy is submitted.
(3) Annual budget priorities and Federal efforts dedicated to combating child exploitation, including resources dedicated to Internet Crimes Against Children task forces, Project Safe Childhood, FBI Innocent Images Initiative, the National Center for Missing and Exploited Children, regional forensic computer labs, Internet Safety 2 programs, and all other entities whose goal or mission is to combat 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 prevention and investigation of child exploitation crimes, including efforts at the Office of Justice 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 exploitation.
(6) A description of the Department’s efforts to coordinate with international, State, local, tribal law enforcement, and private sector entities on child exploitation prevention and interdiction efforts.
(7) Plans for interagency coordination regarding the prevention, investigation, and apprehension of individuals exploiting children, including cooperation and collaboration with—
(A) Immigration and Customs Enforcement;
(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 location 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, including—
(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 convictions 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 coordination and cooperation, as such information is to be determined by the Attorney General;
(E) an assessment of the training opportunities 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 analysis 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 related to child exploitation prevention and education, including those related to Internet safety, including efforts by the private sector and nonprofit entities, or any other initiatives, that have proven successful in promoting child safety and Internet safety.
(13) An assessment of the future trends, challenges, and opportunities, including new technologies, that will impact Federal, State, local, and tribal efforts to combat child exploitation.
(14) Plans for liaisons with the judicial branches of the Federal and State governments on matters relating to child exploitation.
(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 suspected criminal activity or because of the danger to the community or a potential victim) 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 statutory maximum for each crime of child exploitation.
(16) A review of all available statistical data indicating the overall magnitude of child pornography trafficking in the United States and internationally, including—
(A) the number of computers or computer users, foreign and domestic, observed engaging in, or suspected by law enforcement agencies and other sources of engaging in, peer-to-peer file sharing of child pornography;
(B) the number of computers or computer users, foreign and domestic, observed engaging in, or suspected by law enforcement agencies and other reporting sources of engaging in, buying and selling, or other commercial activity related to child pornography;
(C) the number of computers or computer users, foreign and domestic, observed engaging 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 exploitation crime in the United States and abroad.
(17) Copies of recent relevant research and studies related to child exploitation, including—
(A) studies related to the link between possession or trafficking of child pornography 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 available information related to child exploitation.
(18) A review of the extent of cooperation, coordination, and mutual support between private sector and other entities and organizations and Federal agencies, including the involvement of States, local and tribal government agencies to the extent Federal programs are involved.
(19) The results of the Project Safe Childhood Conference or other conferences or meetings 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 senior official at the Department of Justice with experience in investigating or prosecuting child exploitation cases as the National Coordinator for Child Exploitation Prevention and Interdiction who shall be responsible for coordinating 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 priorities and familiar with all efforts within the Department of Justice and the FBI related 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 congressional 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.)
heading: Amendments
text: 2012—Subsec. (d)(1). Pub. L. 112–206 substituted “with experience in investigating or prosecuting child exploitation cases as the National Coordinator for Child Exploitation Prevention and Interdiction who shall be responsible” for “to be responsible” and inserted at end “The National Coordinator for Child Exploitation Prevention and Interdiction shall be a position in the Senior Executive Service.”