View Rule

View EO 12866 Meetings

Printer-Friendly Version Download RIN Data in XML

DOJ/LA

RIN: 1105-AA65

Publication ID: Spring 2009

Title: Designation of Agencies To Receive and Investigate Reports Required Under the Protection of Children From Sexual Predators Act
Abstract: On October 30, 1998, Congress passed the Protection of Children From Sexual Predators Act of 1998 (PCSPA). The PCSPA requires providers of an electronic communication service or a remote computing service to the public, through a facility or means of interstate or foreign commerce, to report incidents of child pornography as defined by sections 2251, 2251A, 2252, 2252A, or 2260 of title 18, United States Code, to the appropriate Federal agency. In order to facilitate effective reporting, the PCSPA requires the Attorney General to "designate an agency" to receive and investigate such reports of child pornography. The proposed rule previously published set forth the Attorney General's proposed designations and certain other matters covered by the PCSPA's reporting requirements. On November 29, 1999, as part of the Consolidated Appropriations Act, 2000, Public Law 106-113, 113 Stat. 1501, Congress amended 42 U.S.C. 13032 to require providers to report such incidents to the Cyber Tipline at the National Center for Missing and Exploited Children (NCMEC), which shall forward that report to a law enforcement agency or agencies designated by the Attorney General. As amended by the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003, Public Law No. 108-21, the PCSPA also requires providers to report incidents of child pornography involving violations of section 2252B of title 18, United States Code, and incidents of violations of section 1466A, title 18, United States Code, and permits NCMEC to forward reports to State and local law enforcement agencies where appropriate. On November 4, 2003, an interim final rule was published designating four Federal law enforcement agencies that will receive reports pursuant to 42 U.S.C. 13032. These include the Federal Bureau of Investigation, the Bureau of Immigration and Customs Enforcement, the U.S. Postal Inspection Service, and the U.S. Secret Service. In a related matter, RIN 1105-AB06, "Reporting Under the Protection of Children From Sexual Predators Act, as Amended," the Department is preparing a notice of proposed rulemaking to provide guidance to those law enforcement agencies and to the providers making the reports.
Agency: Department of Justice(DOJ)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Long-Term Actions
Major: No	Unfunded Mandates: No
CFR Citation: 28 CFR 81
Legal Authority: 42 USC 13032

Legal Deadline:

Action	Source	Description	Date
NPRM	Statutory		04/28/1999

Timetable:

Action	Date	FR Cite
NPRM	05/26/1999	64 FR 28422
NPRM Comment Period End	07/26/1999
Interim Final Rule	11/04/2003	68 FR 62370
Interim Final Rule Effective	12/04/2003
Interim Final Rule Comment Period End	01/05/2004
Final Action	To Be Determined

Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal
Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Andrew Oosterbaan Chief, Child Exploitation and Obscenity Section Department of Justice Legal Activities Suite 600, 1400 New York Avenue NW, Washington, DC 20530 Phone:202 514-5780 Fax:202 514-1793