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United States Code Title 34 — Crime Control and Law Enforcement

§ 21112. Establishment of National ICAC Task Force Program

§ 21112.

Establishment of National ICAC Task Force Program

(a)

Establishment

(1)
In general

There is established within the Department of Justice, under the general authority of the Attorney General, a National Internet Crimes Against Children Task Force Program (hereinafter in this subchapter referred to as the “ICAC Task Force Program”), which shall consist of a national program of State, Tribal, military, and local law enforcement task forces dedicated to developing effective responses to online enticement of children by sexual predators, child exploitation, child obscenity and pornography cases, and the identification of child victims.

(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 Delinquency 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 prosecutions of child exploitation cases, the Attorney General, shall, in establishing the ICAC Task Force Program under subsection (a), evaluate the task forces funded under the ICAC Task Force Program to determine if those task forces are operating in an effective manner.

(3)
Ongoing review

The Attorney General shall—

(A)

conduct periodic reviews of the effectiveness of each ICAC task force established under this section; and

(B)

have the discretion to establish a new or continue an existing task force if the Attorney General determines that such decision will enhance the effectiveness of combating child exploitation provided that the Attorney General notifies Congress in advance of any such decision and that each State maintains at least 1 ICAC task force at all times.

(4)
Training
(A)
In general

The Attorney General shall establish national training programs to support the mission of the ICAC task forces, including the effective use of the National Internet Crimes Against Children Data System.

(B)
Review

The Attorney General shall—

(i)

conduct periodic reviews of the effectiveness of each training session authorized by this paragraph; and

(ii)

consider outside reports related to the effective use of Federal funding in making future grant awards for training.

(c)

Limited liability for ICAC Task Forces

(1)
In general

Except as provided in paragraph (2), a civil claim or criminal charge against an ICAC task force established pursuant to this section and sections 21113 and 21114 of this title, including any law enforcement agency that participates on such a task force or a director, officer, employee, or agent of such a law enforcement agency, arising from the prioritization decisions with respect to leads related to Internet crimes against children described in section 21114(8) of this title, may not be brought in any Federal or State court.

(2)
Intentional, reckless, or other misconduct

Paragraph (1) shall not apply to a claim if the ICAC task force or law enforcement agency, or a director, officer, employee, or agent of that law enforcement agency—

(A)

engaged in intentional misconduct; or

(B)

acted, or failed to act—

(i)

with actual malice;

(ii)

with gross negligence or reckless disregard to a substantial risk of causing physical injury without legal justification; or

(iii)

for a purpose unrelated to the performance of any responsibility or function under section 21114(8) of this title.

(3)
Rule of construction

Nothing in this section shall be construed to—

(A)

create any independent basis of liability on behalf of, or any cause of action against—

(i)

an ICAC task force; or

(ii)

a law enforcement agency or a director, officer, employee, or agent of the law enforcement agency; or

(B)

expand any liability otherwise imposed, or limit any defense to that liability, otherwise available under Federal or State law.