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

submitted 18 years ago by Pub. L. 110-401 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 966 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Attorney General can give grants to state and local ICAC task forces. Most of the money is split by a formula considering population, leads, prosecutions, and need, while the rest funds training, technology, and research, usually requiring task forces to match 25% of the funds. Task forces that get grants must apply and report their results yearly, and the Attorney General must report to Congress.

(a) Establishment: (1) In general: The Attorney General can award grants to state and local ICAC task forces to help them carry out the duties in section 21114. (2) Formula grants: (A) Development of formula: At least 75 percent of the money appropriated for this section must be given out using a funding formula the Attorney General creates, following the rules in (B). (B) Formula requirements: The formula must guarantee each task force gets at least 0.5 percent of the funds available under (A). It must also consider: each state's population from the most recent census; the number of investigative leads in that area from the ICAC Data Network, CyberTipline, and other sources; the number of criminal cases referred to a task force for prosecution; the number of successful prosecutions; the amount of training, technical help, and public education the task force provides; and any other factor showing the task force needs more resources. (3) Distribution of remaining funds based on need: (A) In general: At least 20 percent of the appropriated funds must support the ICAC Task Force Program overall, through grants that: train and give technical help to task force members; maintain, improve, research, and develop tools and technology; give other Attorney General-approved support; fund research; support the annual National Law Enforcement Training on Child Exploitation; and provide wellness training. (B) Matching requirement: A task force must contribute matching non-federal funds equal to at least 25 percent of what it gets under (A). A task force that can't or won't match funds isn't eligible for this money. (C) Waiver: The Attorney General can waive all or part of the matching requirement if the task force shows good cause or financial hardship.

(b) Application: (1) In general: Each task force seeking a grant must apply to the Attorney General in the manner and with the information the Attorney General reasonably requires. (2) Contents: The application must describe the activities the grant would fund, and give any extra assurances the Attorney General decides are needed to ensure compliance.

(c) Allowable uses: Grant money can be used to: hire investigators, prosecutors, education specialists, and forensic specialists; set up forensic labs for these investigations; support investigations and prosecutions; run education programs to help children and parents protect themselves online; hold and attend training sessions; or fund any other activity directly tied to preventing, investigating, or prosecuting these crimes.

(d) Reporting requirements: (1) ICAC reports: To measure results and help the Attorney General comply with the Government Performance and Results Act, every task force getting a grant must submit an annual report covering: its staffing levels (investigators, prosecutors, education and forensic specialists); its investigation and prosecution numbers (investigations started, arrests, prosecutions, and child victims identified); the number of referrals it made to U.S. Attorneys and whether they were accepted; the number of technical assistance sessions given to other agencies; the number of computer forensic exams completed; and the number of agencies following the task force's program standards. (2) Report to Congress: Within 1 year after October 13, 2008, the Attorney General must report to Congress on the ICAC Task Force Program's progress and on the number of federal and state investigations, prosecutions, and convictions related to child exploitation in the prior 12 months.

the actual law source: uscode.house.gov ↗public domain
(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 appropriated to carry out this section shall be available to award or otherwise distribute grants pursuant to a funding formula established by the Attorney General in accordance 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 determined by the most recent decennial census performed by the Bureau of the Census.

(II)

The number of investigative leads within the applicant’s jurisdiction generated by the ICAC Data Network, the CyberTipline, and other sources.

(III)

The number of criminal cases related to Internet crimes against children referred to a task force for Federal, State, or local prosecution.

(IV)

The number of successful prosecutions of child exploitation cases by a task force.

(V)

The amount of training, technical assistance, and public education or outreach by a task force related to the prevention, investigation, or prosecution of child exploitation offenses.

(VI)

Such other criteria as the Attorney 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

Not less than 20 percent of the total funds appropriated to carry out this section shall be distributed to support the ICAC Task Force Program through grants to—

(i)

provide training and technical assistance to members of the ICAC Task Force Program;

(ii)

maintain, enhance, research, and develop tools and technology to assist members of the ICAC Task Force Program;

(iii)

provide other support to the ICAC Task Force Program determined by the Attorney General;

(iv)

conduct research;

(v)

support the annual National Law Enforcement Training on Child Exploitation of the Office of Juvenile Justice and Delinquency Prevention; and

(vi)

provide wellness training.

(B) Matching requirement

A State or local ICAC task force shall contribute 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 subparagraph (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 financial hardship.

(b) Application
(1) In general

Each State or local ICAC task force seeking a grant under this section shall submit an application 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 assistance under this section is sought; and

(B)

provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements of this subchapter.

(c) Allowable uses

Grants awarded under this section may be used to—

(1)

hire personnel, investigators, prosecutors, education specialists, and forensic specialists;

(2)

establish and support forensic laboratories utilized in Internet crimes against children investigations;

(3)

support investigations and prosecutions of Internet crimes against children;

(4)

conduct and assist with education programs to help children and parents protect themselves from Internet predators;

(5)

conduct and attend training sessions related to successful investigations and prosecutions 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 assist 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, including the number of investigators, prosecutors, education specialists, and forensic specialists dedicated to investigating and prosecuting Internet crimes against children.

(B)

Investigation and prosecution performance measures of the task force, including—

(i)

the number of investigations initiated related to Internet crimes against children;

(ii)

the number of arrests related to Internet crimes against children;

(iii)

the number of prosecutions for Internet crimes against children; and

(iv)

the number of child victims identified.

(C)

The number of referrals made by the task force to the United States Attorneys office, including whether the referral was accepted by the United States Attorney.

(D)

The number of investigative technical assistance sessions that the task force provided to nonmember law enforcement agencies.

(E)

The number of computer forensic examinations that the task force completed.

(F)

The number of law enforcement agencies 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 investigations, prosecutions, and convictions in the prior 12-month period related to child exploitation.

Source credit: (Pub. L. 110–401, title I, § 106, Oct. 13, 2008, 122 Stat. 4238; Pub. L. 119–60, div. H, title LXXXII, § 8202(f), Dec. 18, 2025, 139 Stat. 1844.)

history & why it existsrecord from the source credit
  • 2008Enacted · Pub. L. 110-401 · 122 Stat. 4238
  • 2025Amended · Pub. L. 119-60 · 139 Stat. 1844

A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-401 on 2008-10-13.

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