HomeMy WebLinkAboutResolution - 2016-R0132 - MOU With FBI - 04/14/2016Resolution No.2016-RO132
Item No.5.17
April 14.2016
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Chief of Police of the City of Lubbock is hereby authorized and
directed to execute for and on behalf of the City of Lubbock and the Lubbock Police
Department,a Memorandum of Understanding with the Federal Bureau of Investigation
Child Exploitation Task Force (CETF). Said Memorandum of Understanding is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included
in the minutes of the City Council.
Passed by the City Council on April 14 ,2016.
ATTEST:
c£&xjexr*.
Rebecca Garza,City Secretary j
APPROVED AS TO CONTENT:
Greg^Sfevens.Qmef of Police
APPROVED AS TOFORM:
CKTF.20i6.doc
Resolution No. 2016-RO132
FEDERAL BUREAU OF INVESTIGATION
CHILD EXPLOITATION TASK FORCE (CETF)
Memorandum of Understanding (MOU)
PARTIES
1. This Memorandum of Understanding (MOU) is entered into by the following "Participating
Agencies':
a. Federal Bureau of Investigation (FBI)
C.
AUTHORITIES
. :Ts .�. ,.t rt•�•s
12
2. Authority for the FBI to enter into this agreement can be found at Title 28, United States Code
(U.S.C.), Section (§) 533; 42 U.S.C. § 3771; Title 28, Code of Federal Regulations (C.F.R.), §
0.85; and applicable United States Attorney General's Guidelines.
PURPOSE
3. The purpose of this MOU is to delineate the responsibilities of The City of I tihhnrk PnIIrP nPpartment
Child Exploitation Task Force (CETF) participants, maximize inter -agency cooperation, and
formalize relationships between the participating agencies for policy guidance, planning, training,
public and media relations This MOU is not intended, and should not be construed, to create
any right or benefit, substantive or procedural, enforceable at law or otherwise by any third party
against the parties, the United States, or the officers, employees, agents, or other associated
personnel thereof. The MOU also outlines the mission and procedures for the CETF, which are
described in greater detail in the Standard Operating Procedures (SOP) utilized by the CETF.
MISSION
4. The mission of the CETF is to provide a rapid, proactive, and intelligence -driven investigative
response to the sexual victimization of children and other crimes against children within the FBI's
jurisdiction; to identify and rescue child victims; to reduce the vulnerability of children to sexual
exploitation and abuse; to reduce the negative impact of domestic and international parental
rights disputes; and to strengthen the capabilities of the FBI and federal, state, local, and
international law enforcement through training, intelligence -sharing, technical support, and
investigative assistance.
SUPERVISION AND CONTROL
5. Overall management of the CETF shall be the responsibility of the Special Agent in Charge
(SAC) of the Lubbock. TX Division of the FBI and/or their designee.
6. The SAC shall designate one Supervisory Special Agent (SSA) to supervise day-to-day
operational and investigative matters pertaining to the CETF.
7. For the purposes of this MOU, a CETF member is considered full-time when that member is
primarily assigned duties aligned with the defined priority threats that are dedicated to the mission
of the CETF on a full-time basis. On a case -by -case basis, SSAs may authorize CETF members
to temporarily support other priority FBI matters as necessary.
Official Laiv Enforcement Use Only
Child Exploitation Task Force
Memorandum Of Understanding (211112)
This document contains neither recommendations nor conclusions (J'ihc F81 This document is the propeq)' of the
1,711 and is loaned to ,our agency; it and its contents are not to be distributed onside your agency.
Pagc 1 oft
8. Responsibility for conduct, not under the direction of the SAC or SSA, of each CETF member,
both personally and professionally, shall remain with the respective agency head and each
agency shall be responsible for the actions of its respective employees.
9. Each CETF member will be subject to the laws, regulations, policies, and personnel rules
applicable to those of his or her respective agency.
10. FBI participants will continue to adhere to the Bureau's ethical standards, including Department
of Justice (DOJ)/FBI regulations relating to outside employment and prepublication review
matters, and will remain subject to the Supplemental Standards of Ethical Conduct for employees
of the DOJ.
11. Each CETF member will continue to report to his or her respective agency head for non -
investigative administrative matters not detailed in this MOU or SOP.
12. Continued assignment to the CETF will be based on performance and at the discretion of each
CETF member's respective supervisor. The FBI SAC/SSA will also retain discretion to remove
any member from the CETF.
13. The defined priority threats that are aligned with the mission of the CETFs are:
a. Child Abductions
• Non -ransom child abductions
• Domestic parental kidnapping
b. Sexual Exploitation of Children Enterprises
• Domestic Child Prostitution
• Online Networks and Enterprises
c. Contact Offenses Against Children
• Domestic travel with intent to engage in illegal sexual activity with a minor
• Child Sex Tourism — travel abroad to engage in commercial sexual exploitation of a
child under the age of 18
• Production of Child Pornography
• Coercion/enticement of a minor
d. Trafficking of Child Pornography
• Mass Distribution of Child Pornography
• Possession of Child Pornography
e. International Parental Kidnapping
• International Parental Kidnapping
f. Other Crimes Against Children
• All other crimes against children violations within the FBI's jurisdiction should be
investigated in accordance with available resources
OfBctal Law Enrorcement Use Only Child Exploitation Task Force
Memorandum Of Understanding (2012)
This document contains neither recommendations nor conchccions o%the Flit. This document is the propeaY ofihe
Flit and is loaned to roar agency; it and its contents are not to he distrihared antside Your agency.
Puce 2 of 4
RESOURCE CONTROL
14. The head of each Participating Agency shall retain control of resources dedicated by that agency
to the CETF, including personnel, as well as the continued dedication of those resources. The
Participating Agency head or designee shall be kept fully apprised of all investigative
developments by his or her subordinates.
REPORTS AND RECORDS
15. All investigative reporting will be prepared in compliance with existing FBI policy. Subject to
pertinent legal and/or policy restrictions, copies of pertinent documents created by each member
of the CETF will be made available for inclusion in the respective investigative agencies' files as
appropriate.
SALARY/OVERTIME COMPENSATION
16. The FBI and Participating Agency agree to assume all personnel costs for their CETF
representatives, including salaries, overtime payments and fringe benefits consistent with their
respective agency.
17. Subject to funding availability and legislative authorization, the FBI may reimburse to Participating
Agency the cost of overtime worked by non-federal CETF members assigned full-time to CETF,
provided overtime expenses were incurred as a result of CETF-related duties. A separate Cost
Reimbursement Agreement (CRA) must be executed between the FBI and Participating Agency
for full-time employee(s) assigned to CETF, consistent with regulations and policy. Otherwise,
overtime shall be compensated in accordance with applicable Participating Agency overtime
provisions and shall be subject to the prior approval of appropriate personnel.
LIABILITY
18. The Participating Agencies acknowledge that this MOU does not alter the applicable law
governing civil liability, if any, arising from the conduct of personnel assigned to the CETF.
19. The Participating Agency shall immediately notify the FBI of any civil, administrative, or criminal
claim, complaint, discovery request, or other request for information of which the agency receives
notice, concerning or arising from the conduct of personnel assigned to the CETF or otherwise
relating to the CETF.
20. In the event that a civil claim or complaint is brought against a state or local officer assigned to
the CETF, the officer may request legal representation and/or defense by DOJ, under the
circumstances and pursuant to the statutes and regulations identified below.
DURATION
21. The term of this MOU is for the duration of the CETF's operations, contingent upon approval of
necessary funding, but may be terminated at any time upon written mutual consent of the agency
involved.
22. Any Participating Agency may withdraw from the CETF at any time by written notification to the
SSA with designated oversight for investigative and personnel matters or program manager of the
CETF Program (FBI HO) at least 30 days prior to withdrawal.
23. Upon termination of this MOU, all equipment provided to the CETF will be returned to the
supplying agency/agencies. In addition, when an entity withdraws from the MOU, the entity will
return equipment to the supplying agency/agencies. Similarly, remaining agencies will return to a
Official Law Enforcement Use Only Child Exploitation Task Force
Memorandum Of Understanding (2012)
phis dncunrenl c•nntuins neither recwnatendal/ors nnr c•wrelnsians of the !�B/. 'Phis dncuurem is the properh• n/'rhe
P'Bl and is loaned to roar agent•; it and its contents are not to be distributed oulside pour agencY
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withdrawing agency any unexpended equipment supplied by the withdrawing agency during any
CETF participation.
MODIFICATIONS
24. Modifications/amendments to this MOU and corresponding SOP shall be brought in writing to the
attention of each Participating Agency.
25. Participating Agencies and their assignees are bound by the terms of the MOU and SOP, as
modified from time to time, although a Participating Agency may terminate its participation with
the CETF pursuant to the terms related to the SOP.
26. Participating Agency will not be bound by any amended terms of the MOU or SOP during notice
period (currently 30 days) required by the MOU prior to terminating participation.
SIGNATORIES (to be signed by Individual field office SAC)
Print Name:
Title: SAC
Organization: FBI
Date:
Print Name:
Title: prograrf8a1�nager
OrganizID
Date:
Official Low Enrorcement Use Only
PriwrNamreg Stevens
Title: Chief of Police
Organization:City of Lubbock, on behalf of its Police Department
Date:
ATTEST:
Reb ca Garza 6ity Secretary
Approved as to Content:
Gr�eyens, CI . f of Police
Child Exploitation Task Force
Memorandum Or Understanding (2012)
Ibis document contains neither recommendations nor conclusions of the FBL This docionenl is the properlr of the
FR/ and is loured to pour ogenc r: it and its contents ore not to be distributed outside pour agenc r
Pnge 4 of 4
FEDERAL BUREAU OF
INVESTIGATION
CHILD EXPLOITATION TASK FORCE (CETF)
Standard Operating Procedures (SOP)
Official Law Enforcement Use Only Child Exploitation Task Force
Standard Operating Procedures (2012)
This document contains neither recommendations nor conclusions of the FBI. This document is the property of the
FBI and is loaned to your agency; it and its contents are not lobe distributed outside your agency.
Page 1 of 10
TABLE OF CONTENTS
I.
MISSION...........................................................................................
Page 3
II.
CASE ASSIGNMENTS.........................................................................
Page 3
III.
INVESTIGATIVE EXCLUSIVITY..........................................................
Page 3
IV.
INFORMANTS......................................................................................
Page 3
V.
REPORTS AND RECORDS.................................................................
Page 4
VI.
FORENSIC EXAMINATION PROCEDURES .......................................
Page 4
VII.
INFORMATION SHARING...................................................................
Page 6
VIII.
PROSECUTIONS.................................................................................
Page 6
IX.
INVESTIGATIVE METHODS/EVIDENCE ............................................
Page 7
X.
UNDERCOVER OPERATIONS...........................................................
Page 7
XI.
USE OF FORCE...................................................................................
Page 7
XII.
DEPUTATION......................................................................................
Page 7
XIII.
VEHICLES............................................................................................
Page 7
XIV.
PROPERTY AND EQUIPMENT...........................................................
Page 8
XV.
FUNDING.............................................................................................
Page 8
XVI.
FORFEITURES.....................................................................................
Page 8
XVII.
DISPUTE RESOLUTIONS...................................................................
Page 8
XVIII.
MEDIA RELEASES..............................................................................
Page 9
XIX.
SECURITY CLEARANCES..................................................................
Page 9
XX.
LIABILITY.............................................................................................
Page 9
XXI.
LEGAL CONSTRUCTION AND SEVERABILITY................................
Page 10
Official Law Enforcement Use Only Child Exploitation Task Force
Standard Operating Procedures (2012)
This document contains neither recommendations nor conclusions ofthe FBI. This document is the propertv of the
FBI and is loaned to your agency; it and its contents are not to be distributed outside your agency.
Page 2 of 10
1. MISSION
The mission of the Child Exploitation Task Force (CETF) is to provide a rapid, proactive, and
intelligence -driven investigative response to the sexual victimization of children and other crimes
against children within the FBI's jurisdiction; to identify and rescue child victims; to reduce the
vulnerability of children to sexual exploitation and abuse; to reduce the negative impact of
domestic and international parental rights disputes; and to strengthen the capabilities of the FBI
and federal, state, local, and international law enforcement through training, intelligence -sharing,
technical support, and investigative assistance.
H. CASE ASSIGNMENTS
A. The FBI SSA with designated oversight for operational and investigative matters will be
responsible for opening, monitoring, directing, and closing CETF investigations in accordance
with existing FBI policy and the applicable United States Attorney General's Guidelines.
B. Assignments of cases to CETF personnel will be based on, but not limited to, experience,
training and performance, in addition to the discretion of the SSA with designated oversight
for operational and investigative matters.
C. For FBI administrative purposes, CETF cases will be entered into the relevant FBI computer
system.
D. CETF members will have equal responsibility for each case assigned. CETF personnel will
be totally responsible for the complete investigation from predication to resolution.
III. INVESTIGATIVE EXCLUSIVITY
A. It is agreed that matters designated to be handled by the CETF will not knowingly be
subjected to non-CETF law enforcement efforts by any of the Participating Agencies. It is
incumbent on each participating agency to make proper internal notification regarding the
CETF's existence and areas of concern.
B. It is agreed that there will be no unilateral action taken on the part of the FBI or Participating
Agencies relating to CETF investigations or areas of concern. All law enforcement actions
will be coordinated and cooperatively carried out.
C. CETF investigative leads outside of the geographic areas of responsibility for the CETF will
be communicated and disseminated to other FBI offices for appropriate investigation.
IV. INFORMANTS
A. The disclosure of FBI informants to non-CETF members will be limited to those situations
where it is essential to the effective and optimal performance of the CETF. These
disclosures must be consistent with applicable FBI guidelines.
B. Non -FBI CETF members may not make any further disclosure of the identity of an FBI
informant, including to other members of the CETF. Documents which identify, tend to
identify, or may indirectly identify an FBI informant will not be released without prior FBI
approval.
C. In those instances where a Participating Agency provides an informant, the FBI may, at the
discretion of the SAC, become solely responsible for the informant's continued development,
operation, and compliance with necessary administrative procedures regarding operation and
payment as set forth by the FBI.
Official Law Enforcement Use Only Child Exploitation Task Force
Standard Operating Procedures(2012)
This document contains neither recommendations nor conclusions of the FBI.. This document is the property of the
FBI and is loaned to your agency; it and its contents are not to be distributed outside your agency.
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D. The United States Attorney General's Guidelines, and FBI policy and procedure for operating
FBI informants and confidential human sources (CHS) must be strictly adhered to when
opening and operating all FBI informants and CHSs in furtherance of CETF investigations.
Documentation of, and any payments made to, FBI informants and CHSs must be in
accordance with FBI policy and procedure.
E. Operation, documentation, and payment of solely state, county, or local informants and CHSs
opened and operated by non -FBI CETF members in furtherance of CETF investigations must
be in accordance with the United States Attorney General's Guidelines. Documentation of
state, county, or local informants and CHSs opened and operated in furtherance of CETF
investigations will be maintained at an agreed location.
V. REPORTS AND RECORDS
A. All investigative reporting will be prepared and documented in compliance with existing FBI
policy, and all CETF reports will be maintained at an approved FBI location.
B. All CETF reports prepared in cases assigned to state, county, or local participants will be
maintained at an FBI approved location; whereby all original documents will be maintained by
the FBI.
C. All records and reports generated in CETF cases that are opened and assigned by the FBI
SSA with designated oversight for investigative and personnel matters will be maintained in
the FBI investigative file for CETF.
D. All CETF investigative records maintained at the local Field Office of the FBI will be available
to all CETF members, as well as their supervisory and command staff subject to pertinent
legal, administrative, and/or policy restrictions.
E. All evidence and original tape recordings (audio and video) acquired by the FBI during the
course of the CETF investigations will be maintained by the FBI. CETF personnel will strictly
adhere to the FBI's rules and policies governing the submission, retrieval, and chain of
custody.
F. Subject to pertinent legal and/or policy restrictions and with SSA approval, copies of pertinent
investigative documents and reports created by each member of the CETF will be made
available for inclusion in the member's agency files.
G. Any classified information and/or documents containing information that identifies or tends to
identify an FBI informant must not be placed in the files of Participating Agencies unless
appropriate FBI policy has been satisfied.
VI. FORENSIC EXAMINATION PROCEDURES
A. Forensic Examinations are Restricted to CETF Evidence. The mission of the CETF is
investigative and not forensic. Any forensic acquisition and examination of evidence must be
authorized by the SSA, and shall only be conducted on evidence from an investigation
initiated or adopted by the CETF.
B. Procedures for Handling Digital Evidence Generated by CETF-Initiated Investigations. Digital
evidence accepted, seized, acquired or intercepted by the CETF pursuant to a criminal
investigation initiated or adopted as a CETF investigation, shall be forensically examined only
when expressly authorized by the SSA, and only as follows:
1. By any assignee to the CETF who:
Official Law Enforcement Use Only Child Exploitation Task Force
Standard Operating Procedures (2012)
This document contains neither recommendations nor conclusions of the FBI.. This document is the property of the
FBI and is loaned to your agency; it and its contents are not to be distributed outside your agency.
Page 4 of 10
a. Is affiliated with, certified, monitored or supervised by an established and
recognized crime "laboratory" of his or her respective Participating Agency; and
b. Conducts such examination in conformity with the written protocols, policies,
and procedures of such laboratory.
2. By any non-CETF personnel belonging to the criminal laboratory of a Participating
Agency who:
a. Is affiliated with, certified, monitored or supervised by an established and
recognized crime "laboratory" of a Participating Agency; and
b. Conducts such examination inconformity with the written protocols, policies, and
procedures of -- and onsite at -- the Participating Agency's laboratory.
3. By FBI Personnel who:
a. Are FBI Computer Analysis Response Team (CART) trained and certified (or
otherwise are trained and certified in a manner expressly accepted by CART);
and
b. Conducts such examination in conformity with the written Standard Operating
Protocols and Quality Assurance Manual requirements of FBI CART; or
c. Are FBI Forensic AudioNideo Image Analysis Unit (FAVIAU) trained and
certified; and
d. Conducts such examinations in conformity with the written Standard Operating
Protocols and Quality Assurance Manual requirements of FBI FAVIAU; or
e. Are FBI Digital Extraction Technicians (DExT) trained and certified; and
f. Conducts such examinations in conformity with the written Standard Operating
Protocols requirements of the DExT Program.
4. Any FBI CART trained and certified personnel (or personnel otherwise trained and
certified in a manner expressly accepted by CART) who:
a. Is assigned to an FBI -Affiliated Regional Computer Forensic Laboratory (RCFL);
and
b. Conducts such examinations in conformity with the written Standard Operating
Protocols and Quality Assurance Manual requirements of that RCFL.
C. Definition of the term "Laboratory". For purposes of inclusion but not exclusion under this
section, a "laboratory" shall be considered established and recognized if it has become
accredited in digital evidence examinations by a recognized accrediting body.
D. Digital Evidence Generated by FBI -Initiated Investigations. Digital evidence accepted,
seized, acquired or intercepted by FBI personnel which, at the time of its acceptance,
seizure, acquisition or interception related to a non-CETF designated, FBI -initiated
investigation shall be forensically examined by FBI personnel who:
Official Law Enforcement Use Only Child Exploitation Task Force
Standard Operating Procedures(2012)
This document contains neither recommendations nor conclusions ofthe FBI. This document is the property of the
FBI and is loaned to your agency; it and its contents are not to he distrihuted outside your agency.
Page 5 of 10
1. Are FBI Computer Analysis Response Team (CART) trained and certified, and will
conduct such examination in conformity with the written Standard Operating Protocols
and Quality Assurance Manual requirements of FBI CART, or
2. Are FBI Forensic AudiolVideo Image Analysis Unit (FAVIAU) trained and certified and
will conduct such examination in conformity with the written Standard Operating
Protocols and Quality Assurance Manual requirements of FBI FAVIAU, or
3. Are FBI Digital Extraction Technicians (DExT) trained and certified and will conduct such
examinations in conformity with the written Standard Operating Protocols requirements
of the DExT Program; or,
4. Are otherwise expressly authorized in advance by an appropriate FBI Supervisor of the
FBI Operational Technology Division-
E.
Protocols. All digital evidence examinations on either CETF or FBI -initiated or adopted
investigations which are conducted by FBI personnel shall be:
1. Conducted by FBI CART trained and certified personnel in conformity with the written
Standard Operating Protocols and Quality Assurance Manual requirements of FBI
CART, unless otherwise expressly authorized in writing by FBI -HQ CART, or
2. Conducted by FBI Digital Extraction Technicians (DExT) trained and certified personnel
in conformity with the written Standard Operating Protocols requirements of the DExT
Program; or,
3. In the case of digital audio/ video / image forensic analysis by FBI FAVIAU trained and
certified personnel who will conduct such examinations in conformity with the written
Standard Operating Protocols and Quality Assurance Manual requirements of FBI
FAVIAU.
F. Evidence Storage. The SSA may designate a volunteering Participating Agency to exercise
control over some or all of the evidence gathered by and in the course of CETF investigations
and, thereafter, the rules and policies of that Participating Agency relating to the submission
of evidence, retrieval, destruction and chain of custody shall apply. In the absence of a
designation, the FBI shall exercise control over all such evidence and its rules and policies
shall apply.
VII. INFORMATION SHARING
No information possessed by the FBI, to include information derived from informal
communications by the CETF member with personnel of the FBI, may be disseminated by the
CETF member to non-CETF personnel without the permission of the CETF member's designated
FBI CETF Supervisor and in accordance with the applicable laws and internal regulations,
procedures or agreements between the FBI and the Participating Agencies that would permit the
Participating Agencies to receive that information directly. Likewise, the CETF member will not
provide any Participating Agency information to the FBI that is not otherwise available to it unless
authorized by appropriate Participating Agency officials.
VIII. PROSECUTIONS
A. CETF investigative procedures, whenever practicable, are to conform to the requirements
which would allow for either federal or state prosecution.
Official Law Enforcement Use Only Child Exploitation Task Force
Standard Operating Procedures(2012)
This document contains neither recommendations nor conclusions ofthe FBI. This document is the property of the
FBI and is loaned to your agency; it and its contents are not to be distributed outside your agency.
Page 6 of 10
B. A determination will be made on a case -by -case basis whether the prosecution of CETF
cases will be at the state or federal level. This determination will be based on the evidence
obtained and a consideration of which level of prosecution would be of the greatest benefit to
the overall objectives of the CETF.
C. In the event that a state or local matter is developed that is outside the jurisdiction of the FBI
or it is decided to prosecute a CETF case at the state or local level, the FBI agrees to provide
all relevant information to state and local authorities.
IX. INVESTIGATIVE METHODS/EVIDENCE
A. For cases assigned to an FBI Special Agent or in which FBI informants or CHSs are utilized,
all parties agree to conform to federal standards concerning evidence collection, processing,
storage, and electronic surveillance. However, in situations where the investigation will be
prosecuted in the State Court where statutory or common law of the state is more restrictive
than the comparable federal law, the investigative methods employed by FBI case agents
shall conform to the requirements of such statutory or common law pending a decision as to
venue for prosecution.
B. In all cases assigned to state, county, or local law enforcement participants, all parties agree
to utilize federal standards pertaining to evidence handling and electronic surveillance
activities to the greatest extent possible. However, in situations where the statutory or
common law of the state is more restrictive than the comparable federal law, the investigative
methods employed by state and local law enforcement agencies shall conform to the
requirements of such statutory or common law pending a decision as to venue for
prosecution.
C. The use of other investigative methods (search warrants, interceptions of oral
communications, etc.) and reporting procedures in connection therewith will be consistent
with the policies and procedures of the FBI.
X. UNDERCOVER OPERATIONS
All CETF undercover operations will be conducted and reviewed in accordance with FBI
guidelines and the Attorney General's Guidelines on Federal Bureau of Investigation Undercover
Operations. All Participating Agencies may be requested to enter into an additional agreement if
a member of the Participating Agency is assigned duties which require the officer to act in an
undercover capacity.
XI. USE OF FORCE
A. Members of the CETF will follow their own agency's policy concerning firearms discharge and
use of deadly force.
B. Pursuant to Department of Justice Policy, all state/local officers participating in joint task force
operations must be made aware of and adhere to the Department of Justice Policy Statement
on the Use of Less -Than -Lethal -Devices.
XII. DEPUTATION
A. Local and state law enforcement personnel designated to the CETF, subject to a limited
background inquiry, may be sworn as federally deputized Special Deputy United States
Marshals, with the FBI securing the required deputation authorization. These deputations
shall remain in effect throughout the tenure of each investigator's assignment to the CETF or
until the termination of the CETF, whichever comes first.
Official Law Enforcement Use Only Child Exploitation Task Force
Standard Operating Procedures (2012)
This document contains neither recommendations nor conclusions ofthe FBI This document is the property of the
FBI and is loaned to your agency; it and its contents are not to be distributed outside your agency.
Page 7 of 10
B. Administrative and personnel policies imposed by the Participating Agencies will not be
voided by deputation of their respective personnel.
XIII. VEHICLES
A. In furtherance of the CETF MOU and SOP, employees of the Participating Agency may be
permitted to drive FBI owned or leased vehicles for official CETF business and only in
accordance with applicable FBI rules and regulations, including those outlined in the
Government Vehicle Use Policy, 0430D. The assignment of an FBI owned or leased vehicle
to a CETF member will require the execution of a separate Vehicle Use Agreement.
B. All Participating Agencies agree that FBI vehicles will not be used to transport passengers
unrelated to CETF business.
C. The FBI and the United States will not be responsible for any tortuous act or omission on the
part of a Participating Agency and/or its employees nor for any liability resulting from the use
of an FBI owned or leased vehicle utilized by a CETF member, except where liability may fall
under the provisions of the Federal Tort Claims Act (FTCA), as discussed in the Liability
Section herein below.
D. The FBI and the United States shall not be responsible for any civil liability arising from the
use of an FBI owned or leased vehicle by a CETF member while engaged in any conduct
other than his or her official duties and assignments under the CETF MOU and SOP.
E. To the extent permitted by applicable law, the Participating Agency agrees to hold harmless
the FBI and the United States, for any claim for property damage or personal injury arising
from any use of an FBI owned or leased vehicle by a CETF member which is outside the
scope of his or her official duties and assignments under the CETF MOU and SOP.
XIV. PROPERTY AND EQUIPMENT
Property utilized by the CETF in connection with authorized investigations and/or operations, and
is in the custody and control that is used at the direction of the CETF, will be maintained in
accordance with the policies and procedures of the agency supplying the equipment. Property
damaged or destroyed which was utilized by CETF in connection with authorized investigations
and/or operations and is in the custody and control and used at the direction of CETF, will be the
financial responsibility of the agency supplying said property.
XV. FUNDING
The CETF MOU and SOP are not an obligation or commitment of funds, nor a basis for transfer
of funds, but rather is a basic statement of the understanding between the parties hereto of the
tasks and methods for performing the tasks described herein. Unless otherwise agreed in
writing, each party shall bear its own costs in relation to the CETF MOU and SOP. Expenditures
by each party will be subject to its budgetary processes and to the availability of funds and
resources pursuant to applicable laws, regulations, and policies. The parties expressly
acknowledge that the above language in no way implies that Congress will appropriate funds
for such expenditures.
XVI. FORFEITURES
A. The FBI shall be responsible for processing assets seized for federal forfeiture in conjunction
with CETF operations.
Official Law Enforcement Use Only Child Exploitation Task Force
Standard Operating Procedures(2012)
This document contains neither recommendations nor conclusions of the FBI. This document is the property of the
FBI and is loaned to your agency; it and its contents are not to be distributed outside your agency.
Page 8 of 10
B. Asset forfeitures will be conducted in accordance with federal law, and the rules and
regulations set forth by the FBI and DOJ. Forfeitures attributable to CETF investigations may
be equitably shared with the agencies participating in the CETF.
XVII. DISPUTE RESOLUTION
A. In cases of overlapping jurisdiction, the Participating Agencies agree to work in concert to
achieve the CETF's objectives.
B. The Participating Agencies agree to attempt to resolve any disputes regarding jurisdiction,
case assignments, workload, etc., at the field level first before referring the matter to
supervisory personnel for resolution.
XVIII. MEDIA RELEASES
A. All media releases and statements will be mutually agreed upon and jointly handled
according to FBI and Participating Agency guidelines.
B. Press releases will conform to DOJ Guidelines. No press release will be issued without FBI
final approval.
XIX. SECURITY CLEARANCES
A. Thirty days prior to being assigned to the CETF, each candidate will be required to furnish
pages 1, 2, 3, 9 (certification only), and 10 of the Questionnaire for Sensitive Positions (SF-
86). Sometime thereafter, a representative from the FBI will conduct an interview of each
candidate.
B. If, for any reason, a candidate is not selected, the Participating Agency will be so advised and
a request will be made for another candidate.
C. Upon being selected, each candidate will receive a comprehensive briefing on FBI field office
security policies and procedures. During the briefing, each candidate will execute non-
disclosure agreements (SF-312 and FD-868), as may be necessary or required by the FBI.
D. When FBI space becomes available, before receiving access, CETF members will be
required to undergo a full background investigation and receive and maintain a "Top Secret'
security clearance. In addition, CETF members will also be required to fully complete the SF-
86 and the required fingerprint cards. In the interim, CETF members will not be allowed
unescorted access to FBI space.
E. Upon departure from the CETF, each candidate will be given a security debriefing and
reminded of the provisions contained in the non -disclosure agreement previously agreed to
by the CETF member.
XX. LIABILITY
A. The Participating Agencies acknowledge that the CETF MOU and SOP do not alter the
applicable law governing civil liability, if any, arising from the conduct of personnel assigned
to the CETF.
B. The Participating Agency shall immediately notify the FBI of any civil, administrative, or
criminal claim, complaint, discovery request, or other request for information of which the
agency receives notice, concerning or arising from the conduct of personnel assigned to the
CETF or otherwise relating to the CETF.
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C. In the event that a civil claim or complaint is brought against a state or local officer assigned
to the CETF, the officer may request legal representation and/or defense by DOJ, under the
circumstances and pursuant to the statutes and regulations identified below.
D. For the limited purpose of defending against a civil claim arising from alleged negligent or
wrongful conduct under common law under the FTCA, 28 U.S.C. § 1346(b), and §§ 2671-
2680: A CETF member who has been specially deputized and who is named as a defendant
in a civil action as a result of or in connection with the performance of his or her official duties
and assignments pursuant to the CETF MOU and SOP may request to be certified by the
Attorney General or his designee as having acted within the scope of federal employment at
the time of the incident giving rise to the suit. 28 U.S.C. § 2679(d) (2). Upon such
certification, the officer will be considered an "employee" of the United States government for
the limited purpose of defending the civil claim under the FTCA, and the claim will proceed
against the United States as sole defendant. 28 U.S.C. § 2679(d) (2). Once an individual is
certified as an employee of the United States for purposes of the FTCA, the United States is
substituted for the employee as the sole defendant with respect to any tort claims. Decisions
regarding certification of employment under the FTCA are made on a case -by -case basis,
and the FBI cannot guarantee such certification to any CETF member.
E. For the limited purpose of defending against a civil claim arising from an alleged violation of
the U.S. Constitution pursuant to 42 U.S.C. § 1983 or Bivens v. Six Unknown Named Agents
of the Federal Bureau of Narcotics, 403 U.S. 388 (1971): A CETF member who has been
specially deputized and who is named as a defendant in a civil action as a result of or in
connection with the performance of his or her official duties and assignments pursuant to the
CETF MOU and SOP may request individual -capacity representation by DOJ to defend
against the claims. 28 C.F.R. §§ 50.15, 50.16. Any such request for individual -capacity
representation must be made in the form of a letter from the individual defendant to the U.S.
Attorney General. The letter should be provided to the local FBI Chief Division Counsel
(CDC), who will then coordinate the request with the FBI Office of the General Counsel. In
the event of an adverse judgment against the individual officer, he or she may request
indemnification from DOJ. 28 C.F.R. § 50.15(c) (4). Requests for DOJ representation and
indemnification are determined by DOJ on a case -by -case basis. The FBI cannot guarantee
the United States will provide legal representation or indemnification to any federal, state or
local law enforcement officer.
F. Liability for any conduct by a CETF member undertaken outside of the scope of his or her
assigned duties and responsibilities under the CETF MOU and SOP shall not be the
responsibility of the FBI or the United States and shall be the sole responsibility of the
respective employee and/or agency involved.
XXII. LEGAL CONSTRUCTION AND SEVERABILITY
A. If any portion of this SOP or related MOU is declared invalid by a court of competent
jurisdiction, this SOP shall be construed as if such portion had never existed, unless such
construction would constitute a substantial deviation from the intent of the Participating
Agencies as reflected in this SOP or related MOU.
B. If any portion of this SOP or related MOU is found to be in conflict, the MOU shall be deemed
to control.
xxxx end
Official Law Enforcement Use Only Child Exploitation Task Force
Standard Operating Procedures(2012)
This document contains neither recommendations nor conclusions ofthe FBL This document is the property of the
FBI and is loaned to your agency; it and its contents are not to be distributed outside your agency.
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