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34 U.S.C. § 40104 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter—
(1) the term “authorized agency” means a division or office of a State designated by a State to report, receive, or disseminate information under this chapter;
(2) the term “child” means a person who is a child for purposes of the criminal child abuse law of a State;
(3) the term “child abuse crime” means a crime committed under any law of a State that involves the physical or mental injury, sexual abuse or exploitation, negligent treatment, or maltreatment of a child by any person;
(4) the term “child abuse crime information” means the following facts concerning a person who has been arrested for, or has been convicted of, a child abuse crime: full name, race, sex, date of birth, height, weight, fingerprints, a brief description of the child abuse crime or offenses for which the person has been arrested or has been convicted, the disposition of the charge, and any other information that the Attorney General determines may be useful in identifying persons arrested for, or convicted of, a child abuse crime;
(5) the term “care” means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities;
(6) the term “identifiable child abuse crime case” means a case that can be identified by the authorized criminal justice agency of the State as involving a child abuse crime by reference to the statutory citation or descriptive label of the crime as it appears in the criminal history record;
(7) the term “individuals with disabilities” means persons with a mental or physical impairment who require assistance to perform one or more daily living tasks;
(8) the term “national criminal history background check system” means the criminal history record
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Stable record: federal_law:legal_authorities:record_usc_83c4c850347f906db89d7e42
Source file: Laws/federal/codes/united-states-code/title-34/section-40104-definitions--f1fec4a105.md
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Source location: Title 34, Chapter 401, § 40104; chapter-401-child-abuse-crime-information-and-background-checks.md
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For the purposes of this chapter—
(1) the term “authorized agency” means a division or office of a State designated by a State to report, receive, or disseminate information under this chapter;
(2) the term “child” means a person who is a child for purposes of the criminal child abuse law of a State;
(3) the term “child abuse crime” means a crime committed under any law of a State that involves the physical or mental injury, sexual abuse or exploitation, negligent treatment, or maltreatment of a child by any person;
(4) the term “child abuse crime information” means the following facts concerning a person who has been arrested for, or has been convicted of, a child abuse crime: full name, race, sex, date of birth, height, weight, fingerprints, a brief description of the child abuse crime or offenses for which the person has been arrested or has been convicted, the disposition of the charge, and any other information that the Attorney General determines may be useful in identifying persons arrested for, or convicted of, a child abuse crime;
(5) the term “care” means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities;
(6) the term “identifiable child abuse crime case” means a case that can be identified by the authorized criminal justice agency of the State as involving a child abuse crime by reference to the statutory citation or descriptive label of the crime as it appears in the criminal history record;
(7) the term “individuals with disabilities” means persons with a mental or physical impairment who require assistance to perform one or more daily living tasks;
(8) the term “national criminal history background check system” means the criminal history record system maintained by the Federal Bureau of Investigation based on fingerprint identification or any other method of positive identification;
(9) the term “covered individual” means an individual—
(A) who has, seeks to have, or may have access to children, the elderly, or individuals with disabilities, served by a qualified entity; and
(B) who—
(i) is employed by or volunteers with, or seeks to be employed by or volunteer with, a qualified entity; or
(ii) owns or operates, or seeks to own or operate, a qualified entity;
(10) the term “qualified entity” means a business or organization, whether public, private, for-profit, not-for-profit, or voluntary, that provides care or care placement services, including a business or organization that licenses or certifies others to provide care or care placement services;
(11) the term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and the Trust Territories of the Pacific; and
(12) the term “designated entity” means an entity designated by the Attorney General under [section 40102(f)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40102/f/2/A&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Agreements** In any case in which a negotiated rulemaking process is established under [section 6571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571/b&num=0&edition=prelim), all published proposed regulations shall conform to agreements that result from the rulemaking described in [section 6571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571&num=0&edition=prelim) unless the Secretary reopens the negotiated rulemaking process.
**(b) Records** The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6301
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 5119c was editorially reclassified as [section 40104 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40104&num=0&edition=prelim), Crime Control and Law Enforcement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5119c
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Until Congress shall further provide for the government of the Trust Territory of the Pacific Islands, all executive, legislative, and judicial authority necessary for the civil administration of the Trust Territory shall continue to be vested in such person or persons and shall be exercised in such manner and through such agency or agencies as the President of the United States may direct or authorize.
**(b)** The head of any department, corporation, or other agency of the executive branch of the Government may, upon the request of the Secretary of the Interior, extend to the Trust Territory of the Pacific Islands, with or without reimbursement, scientific, technical, and other assistance under any program administered by such agency, or extend to the Trust Territory any Federal program administered by such agency, if the assistance or program will promote the welfare of the Trust Territory, notwithstanding any provision of law under which the Trust Territory may otherwise be ineligible for the assistance or program: Provided, That the Secretary of the Interior shall not request assistance pursuant to this subsection that involves, in the aggregate, an estimated nonreimbursable cost in any one fiscal year in excess of $150,000: Provided further, That the cost of any program extended to the Trust Territory under this subsection shall be reimbursable out of appropriations authorized and made for the government of the Trust Territory pursuant to section 2 of this Act, as amended. The provisions of this subsection shall not apply to financial assistance under a grant-in-aid program.
Source: Supplied U.S. Code snapshot — release unconfirmed · 48 U.S.C. § 1681
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) A State may have in effect procedures (established by State statute or regulation) that require qualified entities designated by the State to contact an authorized agency of the State to request a nationwide background check for the purpose of determining whether a covered individual has been convicted of a crime that bears upon the covered individual’s fitness to have responsibility for the safety and well-being of children, the elderly, or individuals with disabilities.
(2) The authorized agency shall access and review State and Federal criminal history records through the national criminal history background check system and shall make reasonable efforts to respond to the inquiry within 15 business days.
(3)
(A) The Attorney General shall establish a program, in accordance with this section, to provide qualified entities located in States that do not have in effect procedures described in paragraph (1), or qualified entities located in States that do not prohibit the use of the program established under this paragraph, with access to national criminal history background checks on, and criminal history reviews of, covered individuals. In any case where the use of a Federal national criminal history background check program is required pursuant to Federal law as of the effective date of this subparagraph, the program under this subparagraph may not be used.
(B) A qualified entity described in subparagraph (A) may submit to the appropriate designated entity a request for a national criminal history background check on, and a criminal history review of, a covered individual. Qualified entities making a request under this paragraph shall comply with the guidelines set forth in subsection (b), and with any additional applicable procedures se
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 40102
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Federal law — U.S. Code and appendices · legal_authorities
Page 590
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 40104
former section 3759(b) of Title 42, The Public Health
and Welfare.
Section was formerly classified to section 5119b of
Title 42, The Public Health and Welfare, prior to edi-
torial reclassification and renumbering as this section.
AMENDMENTS
1998—Subsec. (b)(2). Pub. L. 105–251 substituted ‘‘1999,
2000, 2001, and 2002’’ for ‘‘1994, 1995, 1996, and 1997’’.
1994—Subsec. (b)(1)(E). Pub. L. 103–322, which directed
the amendment of subsec. (b) by adding subpar. (E) at
the end, was executed by adding subpar. (E) at the end
of par. (1) of subsec. (b) to reflect the probable intent
of Congress.
Statutory Notes and Related Subsidiaries
AVAILABILITY
OF
VIOLENT
CRIME
REDUCTION
TRUST
FUND
TO
FUND
ACTIVITIES
AUTHORIZED
BY
THE
BRADY HANDGUN VIOLENCE PREVENTION ACT AND THE
NATIONAL CHILD PROTECTION ACT OF 1993
For appropriations for amounts authorized in subsec.
(b) of this section from the Violent Crime Reduction
Trust Fund established by section 12631 of this title, see
section 210603(a) of Pub. L. 103–322, set out as a note
under section 922 of Title 18, Crimes and Criminal Pro-
cedure.
§ 40104. Definitions
For the purposes of this chapter—
(1) the term ‘‘authorized agency’’ means a
division or office of a State designated by a
State to report, receive, or disseminate infor-
mation under this chapter;
(2) the term ‘‘child’’ means a person who is
a child for purposes of the criminal child abuse
law of a State;
(3) the term ‘‘child abuse crime’’ means a
crime committed under any law of a State
that involves the physical or mental injury,
sexual abuse or exploitation, negligent treat-
ment, or maltreatment of a child by any per-
son;
(4) the term ‘‘child abuse crime informa-
tion’’ means the fol
Source: Supplied 2024 U.S. Code historical extraction · 34 U.S.C. § 40104
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