34 U.S.C. § 41309 — Reporting on human trafficking

Page 644 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 41309 1 So in original. Probably should be ‘‘Program’’. system, the National Crime Information Cen- ter computer database, or the NamUs data- bases based solely on the age of the person; (3) provide that each such report and all nec- essary and available information, which, with respect to each missing child report, shall in- clude— (A) the name, date of birth, sex, race, height, weight, and eye and hair color of the child; (B) a recent photograph of the child, if available; (C) the date and location of the last known contact with the child; and (D) the category under which the child is reported missing; is entered within 2 hours of receipt into the State law enforcement system, the National Crime Information Center computer networks, and the NamUs databases and made available to the Missing Children Information Clearing- house within the State or other agency des- ignated within the State to receive such re- ports; and (4) provide that after receiving reports as provided in paragraph (3), the law enforcement agency that entered the report into the Na- tional Crime Information Center or the NamUs databases shall— (A) no later than 30 days after the original entry of the record into the State law en- forcement system, National Crime Informa- tion Center computer networks, and the NamUs databases, verify and update such record with any additional information, in- cluding, where available, medical and dental records and a photograph taken during the previous 180 days; (B) institute or assist with appropriate search and investigative procedures; (C) notify the National Center for Missing and Exploited Children of each report re- ceived relating to a child reported missing from a foster care family home or childcare institution; (D) maintain close liaison with State and local child welfare systems and the National Center for Missing and Exploited Children for the exchange of information and tech- nical assistance in the missing children cases; and (E) grant permission to the National Crime Information Center Terminal Con- tractor for the State to update the missing person record in the National Crime Infor- mation Center computer networks with ad- ditional information learned during the in- vestigation relating to the missing person. (Pub. L. 101–647, title XXXVII, § 3702, Nov. 29, 1990, 104 Stat. 4967; Pub. L. 109–248, title I, § 154(a), July 27, 2006, 120 Stat. 611; Pub. L. 114–22, title I, § 116(b), May 29, 2015, 129 Stat. 244; Pub. L. 117–327, § 2(c)(2), Dec. 27, 2022, 136 Stat. 4455.) Editorial Notes CODIFICATION Section was formerly classified to section 5780 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2022—Par. (2). Pub. L. 117–327, § 2(c)(2)(A), substituted ‘‘, the National Crime Information Center computer database, or the NamUs databases’’ for ‘‘or the Na- tional Crime Information Center computer database’’. Par. (3). Pub. L. 117–327, § 2(c)(2)(B), substituted ‘‘, the National Crime Information Center computer net- works, and the NamUs databases’’ for ‘‘and the Na- tional Crime Information Center computer networks’’ in concluding provisions. 2022—Par. (4). Pub. L. 117–327, § 2(c)(2)(C)(i), inserted ‘‘or the NamUs databases’’ after ‘‘National Crime Infor- mation Center’’ in introductory provisions. Par. (4)(A). Pub. L. 117–327, § 2(c)(2)(C)(ii), substituted ‘‘, National Crime Information Center computer net- works, and the NamUs databases’’ for ‘‘and National Crime Information Center computer networks’’. 2015—Par. (2). Pub. L. 114–22, § 116(b)(1), struck out ‘‘and’’ at end. Par. (3)(B) to (D). Pub. L. 114–22, § 116(b)(2), added sub- par. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively. Par. (4). Pub. L. 114–22, § 116(b)(3)(A), substituted ‘‘paragraph (3)’’ for ‘‘paragraph (2)’’ in introductory provisions. Par. (4)(A). Pub. L. 114–22, § 116(b)(3)(B), substituted ‘‘30 days’’ for ‘‘60 days’’ and inserted ‘‘and a photograph taken during the previous 180 days’’ after ‘‘dental records’’. Par. (4)(B), (C). Pub. L. 114–22, § 116(b)(3)(C), (E), struck out ‘‘and’’ at end of subpar. (B) and added sub- par. (C). Former subpar. (C) redesignated (D). Par. (4)(D). Pub. L. 114–22, § 116(b)(3)(F), inserted ‘‘State and local child welfare systems and’’ before ‘‘the National Center for Missing and Exploited Chil- dren’’ and substituted ‘‘; and’’ for period at end. Pub. L. 114–22, § 116(b)(3)(D), redesignated subpar. (C) as (D). Par. (4)(E). Pub. L. 114–22, § 116(b)(3)(G), added subpar. (E). 2006—Pub. L. 109–248 added par. (2), redesignated former pars. (2) and (3) as (3) and (4), respectively, and substituted ‘‘within 2 hours of receipt’’ for ‘‘imme- diately’’ in concluding provisions of par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–327 applicable with re- spect to reports made before, on, or after Dec. 27, 2022, see section 40506(c)(3) of this title. § 41309. Reporting on human trafficking (a) Trafficking offense classification The Director of the Federal Bureau of Inves- tigation shall— (1) classify the offense of human trafficking as a Part I crime in the Uniform Crime Re- ports; (2) to the extent feasible, establish subcat- egories for State sex crimes that involve— (A) a person who is younger than 18 years of age; (B) the use of force, fraud or coercion; or (C) neither of the elements described in subparagraphs (A) and (B); and (3) classify the offense of human trafficking as a Group A offense for purpose of the Na- tional Incident-Based Reporting System. (b) Additional information The Director of the Federal Bureau of Inves- tigation shall revise the Uniform Crime Report- ing System 1 and the National Incident-Based Page 645 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 41310 Reporting System to distinguish between re- ports of— (1) incidents of assisting or promoting pros- titution, which shall include crimes com- mitted by persons who— (A) do not directly engage in commercial sex acts; and (B) direct, manage, or profit from such acts, such as State pimping and pandering crimes; (2) incidents of purchasing prostitution, which shall include crimes committed by per- sons who purchase or attempt to purchase or trade anything of value for commercial sex acts; (3) incidents of prostitution, which shall in- clude crimes committed by persons providing or attempting to provide commercial sex acts; (4) incidents of assisting or promoting pros- titution, child labor that is a violation of law, or forced labor of an individual under the age of 18 as described in paragraph (1); and (5) incidents of purchasing or soliciting com- mercial sex acts, child labor that is a violation of law, or forced labor with an individual under the age of 18 as described in paragraph (2). (Pub. L. 110–457, title II, § 237(a), (b), Dec. 23, 2008, 122 Stat. 5083; Pub. L. 115–392, § 17, Dec. 21, 2018, 132 Stat. 5257.) Editorial Notes CODIFICATION Section was formerly classified as a note under sec- tion 534 of Title 28, Judiciary and Judicial Procedure, prior to editorial reclassification and renumbering as this section. Section is comprised of subsecs. (a) and (b) of section 237 of Pub. L. 110–457. Subsec. (c) of section 237 is not classified to the Code. AMENDMENTS 2018—Subsec. (b)(4), (5). Pub. L. 115–392 added pars. (4) and (5). Statutory Notes and Related Subsidiaries CUMULATIVE BIENNIAL REPORT ON DATA COLLECTION AND STATISTICS Pub. L. 117–347, title IV, § 405, Jan. 5, 2023, 136 Stat. 6209, provided that: ‘‘Not later than 280 days after the date of enactment of this Act [Jan. 5, 2023], and every 2 years thereafter, the Attorney General and the Sec- retary of Health and Human Services shall each submit to the Committee on the Judiciary and the Committee on Health, Education, Labor, and Pensions of the Sen- ate and the Committee on the Judiciary and the Com- mittee on Energy and Commerce of the House of Rep- resentatives the status of the required data collection and reporting requirements of the Attorney General and the Secretary, respectively, related to trafficking, which shall include the status of— ‘‘(1) the study required under section 201(a)(1)(B)(ii) of the Trafficking Victims Protection Reauthoriza- tion Act of 2005 (34 U.S.C. 20701(a)(1)(B)(ii)); ‘‘(2) the State reports required under section 237(b) of the William Wilberforce Trafficking Victims Pro- tection Reauthorization Act of 2008 (34 U.S.C. 41309(b)) to be included in the Uniform Crime Report- ing Program and the National Incident-Based Report- ing System; ‘‘(3) the report required under section 237(c)(1)(A) of the William Wilberforce Trafficking Victims Protec- tion Reauthorization Act of 2008 (Public Law 110–457; 122 Stat. 5084 [5083]); ‘‘(4) the report required under section 237(c)(1)(B) of the William Wilberforce Trafficking Victims Protec- tion Reauthorization Act of 2008 (Public Law 110–457; 122 Stat. 5084 [5083]); ‘‘(5) the report required under section 237(c)(1)(C) of the William Wilberforce Trafficking Victims Protec- tion Reauthorization Act of 2008 (Public Law 110–457; 122 Stat. 5084 [5083]); and ‘‘(6) the comprehensive study required under sec- tion 237(c)(2) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (Pub- lic Law 110–457; 122 Stat. 5085 [5084]).’’ § 41310. Report on theft of trade secrets occur- ring abroad (a) Definitions In this section: (1) Director The term ‘‘Director’’ means the Under Sec- retary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. (2) Foreign instrumentality, etc. The terms ‘‘foreign instrumentality’’, ‘‘for- eign agent’’, and ‘‘trade secret’’ have the meanings given those terms in section 1839 of title 18. (3) State The term ‘‘State’’ includes the District of Columbia and any commonwealth, territory, or possession of the United States. (4) United States company The term ‘‘United States company’’ means an organization organized under the laws of the United States or a State or political sub- division thereof. (b) Reports Not later than 1 year after May 11, 2016, and biannually thereafter, the Attorney General, in consultation with the Intellectual Property En- forcement Coordinator, the Director, and the heads of other appropriate agencies, shall sub- mit to the Committees on the Judiciary of the House of Representatives and the Senate, and make publicly available on the Web site of the Department of Justice and disseminate to the public through such other means as the Attor- ney General may identify, a report on the fol- lowing: (1) The scope and breadth of the theft of the trade secrets of United States companies oc- curring outside of the United States. (2) The extent to which theft of trade secrets occurring outside of the United States is spon- sored by foreign governments, foreign instru- mentalities, or foreign agents. (3) The threat posed by theft of trade secrets occurring outside of the United States. (4) The ability and limitations of trade se- cret owners to prevent the misappropriation of trade secrets outside of the United States, to enforce any judgment against foreign entities for theft of trade secrets, and to prevent im- ports based on theft of trade secrets overseas. (5) A breakdown of the trade secret protec- tions afforded United States companies by each country that is a trading partner of the