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34 U.S.C. § 40101 — Reporting child abuse crime information
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** In each State, an authorized criminal justice agency of the State shall report child abuse crime information to, or index child abuse crime information in, the national criminal history background check system. A criminal justice agency may satisfy the requirement of this subsection by reporting or indexing all felony and serious misdemeanor arrests and dispositions.
**(b) Provision of State child abuse crime records through national criminal history background check system**
(1) Not later than 180 days after December 20, 1993, the Attorney General shall, subject to availability of appropriations—
(A) investigate the criminal history records system of each State and determine for each State a timetable by which the State should be able to provide child abuse crime records on an on-line basis through the national criminal history background check system;
(B) in consultation with State officials, establish guidelines for the reporting or indexing of child abuse crime information, including guidelines relating to the format, content, and accuracy of criminal history records and other procedures for carrying out this chapter; and
(C) notify each State of the determinations made pursuant to subparagraphs (A) and (B).
(2) The Attorney General shall require as a part of each State timetable that the State—
(A) by not later than the date that is 5 years after December 20, 1993, have in a computerized criminal history file at least 80 percent of the final dispositions that have been rendered in all identifiable child abuse crime cases in which there has been an event of activity within the last 5 years;
(B) continue to maintain a reporting rate of at least 80 percent for final dispositions in all identifiable child abuse crime cases in which
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 40101
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Source file: Laws/federal/codes/united-states-code/title-34/section-40101-reporting-child-abuse-crime-information--d5bfadefd0.md
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Source location: Title 34, Chapter 401, § 40101; chapter-401-child-abuse-crime-information-and-background-checks.md
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**(a) In general** In each State, an authorized criminal justice agency of the State shall report child abuse crime information to, or index child abuse crime information in, the national criminal history background check system. A criminal justice agency may satisfy the requirement of this subsection by reporting or indexing all felony and serious misdemeanor arrests and dispositions.
**(b) Provision of State child abuse crime records through national criminal history background check system**
(1) Not later than 180 days after December 20, 1993, the Attorney General shall, subject to availability of appropriations—
(A) investigate the criminal history records system of each State and determine for each State a timetable by which the State should be able to provide child abuse crime records on an on-line basis through the national criminal history background check system;
(B) in consultation with State officials, establish guidelines for the reporting or indexing of child abuse crime information, including guidelines relating to the format, content, and accuracy of criminal history records and other procedures for carrying out this chapter; and
(C) notify each State of the determinations made pursuant to subparagraphs (A) and (B).
(2) The Attorney General shall require as a part of each State timetable that the State—
(A) by not later than the date that is 5 years after December 20, 1993, have in a computerized criminal history file at least 80 percent of the final dispositions that have been rendered in all identifiable child abuse crime cases in which there has been an event of activity within the last 5 years;
(B) continue to maintain a reporting rate of at least 80 percent for final dispositions in all identifiable child abuse crime cases in which there has been an event of activity within the preceding 5 years; and
(C) take steps to achieve 100 percent disposition reporting, including data quality audits and periodic notices to criminal justice agencies identifying records that lack final dispositions and requesting those dispositions.
**(c) Liaison** An authorized agency of a State shall maintain close liaison with the National Center on Child Abuse and Neglect, the National Center for Missing and Exploited Children, and the National Center for the Prosecution of Child Abuse for the exchange of technical assistance in cases of child abuse.
**(d) Annual summary**
(1) The Attorney General shall publish an annual statistical summary of child abuse crimes.
(2) The annual statistical summary described in paragraph (1) shall not contain any information that may reveal the identity of any particular victim or alleged violator.
**(e) Annual report** The Attorney General shall, subject to the availability of appropriations, publish an annual summary of each State’s progress in reporting child abuse crime information to the national criminal history background check system.
**(f) Study of child abuse offenders**
(1) Not later than 180 days after December 20, 1993, the Administrator of the Office of Juvenile Justice and Delinquency Prevention shall begin a study based on a statistically significant sample of convicted child abuse offenders and other relevant information to determine—
(A) the percentage of convicted child abuse offenders who have more than 1 conviction for an offense involving child abuse;
(B) the percentage of convicted child abuse offenders who have been convicted of an offense involving child abuse in more than 1 State; and
(C) the extent to which and the manner in which instances of child abuse form a basis for convictions for crimes other than child abuse crimes.
(2) Not later than 2 years after December 20, 1993, the Administrator shall submit a report to the Chairman of the Committee on the Judiciary of the Senate and the Chairman of the Committee on the Judiciary of the House of Representatives containing a description of and a summary of the results of the study conducted pursuant to paragraph (1).
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 5119 was editorially reclassified as [section 40101 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40101&num=0&edition=prelim), Crime Control and Law Enforcement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5119
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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
**(a) Privacy Act of 1974** Nothing in the Compact shall affect the obligations and responsibilities of the FBI under [section 552a of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim) (commonly known as the “Privacy Act of 1974”).
**(b) Access to certain records not affected** Nothing in the Compact shall interfere in any manner with—
(1) access, direct or otherwise, to records pursuant to—
(A) [section 9101 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section9101&num=0&edition=prelim);
(B) the National Child Protection Act 11 See References in Text note below. [[34 U.S.C. 40101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40101&num=0&edition=prelim) et seq.];
(C) the Brady Handgun Violence Prevention Act (Public Law 103–159; 107 Stat. 1536);
(D) the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322; 108 Stat. 2074) or any amendment made by that Act;
(E) the United States Housing Act of 1937 ([42 U.S.C. 1437](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437&num=0&edition=prelim) et seq.); or
(F) the Native American Housing Assistance and Self-Determination Act of 1996 ([25 U.S.C. 4101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4101&num=0&edition=prelim) et seq.); or
(2) any direct access to Federal criminal history records authorized by law.
**(c) Authority of FBI under Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973** Nothing in the Compact shall be construed to affect the authority of the FBI under the Departments of State, Justice, and Commerce, the Judiciary, and Related Ag
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 40314
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Federal law — U.S. Code and appendices · legal_authorities
Page 584
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 40101
§ 40101. Reporting child abuse crime information
(a) In general
In each State, an authorized criminal justice
agency of the State shall report child abuse
crime information to, or index child abuse crime
information in, the national criminal history
background check system. A criminal justice
agency may satisfy the requirement of this sub-
section by reporting or indexing all felony and
serious misdemeanor arrests and dispositions.
(b) Provision of State child abuse crime records
through national criminal history back-
ground check system
(1) Not later than 180 days after December 20,
1993, the Attorney General shall, subject to
availability of appropriations—
(A) investigate the criminal history records
system of each State and determine for each
State a timetable by which the State should
be able to provide child abuse crime records on
an on-line basis through the national criminal
history background check system;
(B) in consultation with State officials, es-
tablish guidelines for the reporting or index-
ing of child abuse crime information, includ-
ing guidelines relating to the format, content,
and accuracy of criminal history records and
other procedures for carrying out this chapter;
and
(C) notify each State of the determinations
made pursuant to subparagraphs (A) and (B).
(2) The Attorney General shall require as a
part of each State timetable that the State—
(A) by not later than the date that is 5 years
after December 20, 1993, have in a computer-
ized criminal history file at least 80 percent of
the final dispositions that have been rendered
in all identifiable child abuse crime cases in
which there has been an event of activity
within the last 5 years;
(B) continue to
Source: Supplied 2024 U.S. Code historical extraction · 34 U.S.C. § 40101
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.