34 U.S.C. § 11291 — Findings

Page 284 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 11281 1977—Subsec. (a). Pub. L. 95–115, § 7(d)(1), inserted pro- visions authorizing appropriations for fiscal years end- ing Sept. 30, 1978, 1979, and 1980. Subsec. (b). Pub. L. 95–115, § 7(d)(2), substituted provi- sions relating to consultative and coordinating require- ments for funded programs and activities, for provi- sions relating to authorization for funding surveys under part B of this subchapter. 1976—Pub. L. 94–273 substituted ‘‘June 30, 1975, and 1976, and September 30, 1977’’ for ‘‘June 30, 1975, 1976, and 1977’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–385 not applicable with re- spect to funds appropriated for any fiscal year that be- gins before Dec. 21, 2018, see section 3 of Pub. L. 115–385, set out as a note under section 11102 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–690 effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100–690, set out as a note under section 11101 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–473 effective Oct. 12, 1984, except that subsec. (c)(2), as enacted by section 657(d) of Pub. L. 98–473, not applicable with respect to any grant or payment made before Oct. 12, 1984, see section 670 of Pub. L. 98–473, set out as a note under section 11101 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–115 effective Oct. 1, 1977, see section 263(c) of Pub. L. 93–415, as added by Pub. L. 95–115 and repealed by Pub. L. 100–690, title VII, § 7266(2), Nov. 18, 1988, 102 Stat. 4449, formerly set out as a note under section 11101 of this title. § 11281. Restriction on use of funds (a) In general None of the funds contained in this subchapter may be used for any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug. (b) Separate accounting Any individual or entity who receives any funds contained in this subchapter and who car- ries out any program described in subsection (a) shall account for all funds used for such pro- gram separately from any funds contained in this subchapter. (Pub. L. 93–415, title III, § 389, as added Pub. L. 108–96, title I, § 120, Oct. 10, 2003, 117 Stat. 1171.) Editorial Notes CODIFICATION Section was formerly classified to section 5752 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. SUBCHAPTER IV—MISSING CHILDREN § 11291. Findings The Congress finds that— (1) each year tens of thousands of children run away, or are abducted or removed, from the control of a parent having legal custody without the consent of that parent, under cir- cumstances which immediately place the child in grave danger; (2) many missing children are at great risk of both physical harm and sexual exploitation; (3) many missing children are runaways; (4) growing numbers of children are the vic- tims of child sexual exploitation, including child sex trafficking and sextortion, increas- ingly involving the use of new technology to access the Internet; (5) children may be separated from their par- ents or legal guardians as a result of national disasters such as hurricanes and floods; (6) sex offenders pose a threat to children; and (7) the Office of Juvenile Justice and Delin- quency Prevention administers programs under this subchapter, including programs that prevent and address offenses committed against vulnerable children and support miss- ing children’s organizations, including the Na- tional Center for Missing and Exploited Chil- dren that— (A) serves as a nonprofit, national resource center and clearinghouse to provide assist- ance to victims, families, child-serving pro- fessionals, and the general public; (B) works with the Department of Justice, the Federal Bureau of Investigation, the United States Marshals Service, the Depart- ment of the Treasury, the Department of State, U.S. Immigration and Customs En- forcement, the United States Secret Service, the United States Postal Inspection Service, other agencies, and nongovernmental orga- nizations in the effort to find missing chil- dren and to prevent child victimization; and (C) coordinates with each of the missing children clearinghouses operated by the 50 States, the District of Columbia, Puerto Rico, and international organizations to transmit images and information regarding missing and exploited children to law en- forcement agencies, nongovernmental orga- nizations, and corporate partners across the United States and around the world in- stantly. (Pub. L. 93–415, title IV, § 402, as added Pub. L. 98–473, title II, § 660, Oct. 12, 1984, 98 Stat. 2125; amended Pub. L. 106–71, § 2(a), Oct. 12, 1999, 113 Stat. 1032; Pub. L. 108–96, title II, § 201, Oct. 10, 2003, 117 Stat. 1171; Pub. L. 110–240, § 2, June 3, 2008, 122 Stat. 1560; Pub. L. 113–38, § 2(a), Sept. 30, 2013, 127 Stat. 527; Pub. L. 115–267, § 2(a), Oct. 11, 2018, 132 Stat. 3756; Pub. L. 115–393, title II, § 202(a), Dec. 21, 2018, 132 Stat. 5267.) Editorial Notes CODIFICATION Section was formerly classified to section 5771 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 402 of Pub. L. 93–415 amended section 3888 of Title 42, The Public Health and Welfare, and re- pealed section 3889 of Title 42, and was repealed by Pub. L. 95–115, § 10, Oct. 3, 1977, 91 Stat. 1061, and Pub. L. 107–273, div. C, title II, § 12221(a)(4), Nov. 2, 2002, 116 Stat. 1894. AMENDMENTS 2018—Pub. L. 115–393 made amendments to this sec- tion substantially identical to those made by Pub. L. Page 285 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 11292 1 So in original. The semicolon probably should be a period. 115–267, § 2(a). See Amendment notes below. Text of sec- tion is based on amendments by Pub. L. 115–267. Par. (1). Pub. L. 115–267, § 2(a)(1), amended par. (1) gen- erally. Prior to amendment, par. (1) read as follows: ‘‘each year thousands of children are abducted or re- moved from the control of a parent having legal cus- tody without such parent’s consent, under cir- cumstances which immediately place the child in grave danger;’’. Par. (4). Pub. L. 115–267, § 2(a)(2)–(4), redesignated par. (6) as (4), inserted ‘‘, including child sex trafficking and sextortion’’ after ‘‘exploitation’’, and struck out former par. (4) which read as follows: ‘‘in many cases, parents and local law enforcement officials have neither the re- sources nor the expertise to mount expanded search ef- forts;’’. Par. (5). Pub. L. 115–267, § 2(a)(2), (3), redesignated par. (7) as (5) and struck out former par. (5) which read as follows: ‘‘abducted children are frequently moved from one locality to another, requiring the cooperation and coordination of local, State, and Federal law enforce- ment efforts;’’. Par. (6). Pub. L. 115–267, § 2(a)(3), (5), redesignated par. (8) as (6) and inserted ‘‘and’’ at end. Former par. (6) re- designated (4). Par. (7). Pub. L. 115–267, § 2(a)(3), (6), redesignated par. (10) as (7) and amended it generally. Prior to amend- ment, text related to the National Center for Missing and Exploited Children. Former par. (7) redesignated (5). Pars. (8) to (10). Pub. L. 115–267, § 2(a)(2), (3), redesig- nated pars. (8) and (10) as (6) and (7), respectively, and struck out par. (9) which read as follows: ‘‘the Office of Juvenile Justice and Delinquency Prevention admin- isters programs under this chapter through the Child Protection Division, including programs which prevent or address offenses committed against vulnerable chil- dren and which support missing children’s organiza- tions; and’’. 2013—Pub. L. 113–38 added par. (3) and redesignated former pars. (3) to (9) as (4) to (10), respectively. 2008—Pub. L. 110–240 amended section generally. Prior to amendment, section consisted of pars. (1) to (5) stat- ing findings of Congress concerning missing or ab- ducted children and the role of the National Center for Missing and Exploited Children. 2003—Pub. L. 108–96 amended section generally. Prior to amendment, section consisted of pars. (1) to (21) stating findings of Congress. 1999—Pars. (9) to (21). Pub. L. 106–71 added pars. (9) to (21). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–267, § 4, Oct. 11, 2018, 132 Stat. 3760, pro- vided that: ‘‘(a) EFFECTIVE DATE.—Except as provided in sub- section (b), this Act [see section 1 of Pub. L. 115–267, set out as a Short Title of 2018 Amendment note under sec- tion 10101 of this title] and the amendments made by this Act shall take effect on the date of the enactment of this Act [Oct. 11, 2018]. ‘‘(b) APPLICATION OF AMENDMENTS.—The amendments made by section 2 [enacting section 11295a of this title and amending this section and sections 11292 to 11294, 11296, and 11297 of this title] shall apply with respect to fiscal years that begin after September 30, 2018.’’ EFFECTIVE DATE Subchapter effective Oct. 12, 1984, see section 670(a) of Pub. L. 98–473, set out as an Effective Date of 1984 Amendment note under section 11101 of this title. SHORT TITLE For short title of title IV of Pub. L. 93–415, which is classified to this subchapter, as the ‘‘Missing Children’s Assistance Act’’, see section 401 of Pub. L. 93–415, set out as a Short Title of 1974 Act note under section 10101 of this title. § 11292. Definitions For the purpose of this subchapter— (1) the term ‘‘missing child’’ means any indi- vidual less than 18 years of age whose where- abouts are unknown to such individual’s par- ent; (2) the term ‘‘Administrator’’ means the Ad- ministrator of the Office of Juvenile Justice and Delinquency Prevention; (3) the term ‘‘Center’’ means the National Center for Missing and Exploited Children; (4) the term ‘‘parent’’ includes a legal guard- ian or other individual who may lawfully exer- cise parental rights with respect to the child; and (5) the term ‘‘child sexual abuse material’’ has the meaning given the term ‘‘child pornog- raphy’’ in section 2256 of title 18; 1 (Pub. L. 93–415, title IV, § 403, as added Pub. L. 98–473, title II, § 660, Oct. 12, 1984, 98 Stat. 2126; amended Pub. L. 106–71, § 2(b), Oct. 12, 1999, 113 Stat. 1034; Pub. L. 109–248, title I, § 154(b), July 27, 2006, 120 Stat. 611; Pub. L. 109–295, title VI, § 689b(c), Oct. 4, 2006, 120 Stat. 1450; Pub. L. 115–267, § 2(b), Oct. 11, 2018, 132 Stat. 3757; Pub. L. 115–393, title II, § 202(b), Dec. 21, 2018, 132 Stat. 5268; Pub. L. 118–65, § 2(a), June 17, 2024, 138 Stat. 1439.) Editorial Notes CODIFICATION Section was formerly classified to section 5772 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification. PRIOR PROVISIONS A prior section 403 of Pub. L. 93–415 amended section 3883 of Title 42, The Public Health and Welfare, and was repealed by Pub. L. 95–115, § 10, Oct. 3, 1977, 91 Stat. 1061, and Pub. L. 107–273, div. C, title II, § 12221(a)(4), Nov. 2, 2002, 116 Stat. 1894. AMENDMENTS 2024—Par. (5). Pub. L. 118–65 added par. (5). 2018—Par. (1). Pub. L. 115–267, § 2(b)(1), and Pub. L. 115–393, § 202(b)(1), amended section identically, adding par. (1) and striking out former par. (1) which read as follows: ‘‘the term ‘missing child’ means any individual less than 18 years of age whose whereabouts are un- known to such individual’s legal custodian;’’. Par. (4). Pub. L. 115–267, § 2(b)(2)–(4), and Pub. L. 115–393, § 202(b)(2)–(4), amended section identically, add- ing par. (4). 2006—Par. (1). Pub. L. 109–295, which directed amend- ment of par. (1) by striking out ‘‘or’’ at the end of sub- par. (A), inserting ‘‘or’’ after the semicolon in subpar. (B), and adding after subpar. (B) subpar. (C) ‘‘the indi- vidual is an individual under 21 years of age who is dis- placed from the habitual residence of that individual as a result of an emergency or major disaster (as those terms are defined in section 5122 of this title).’’, could not be executed because of the prior amendment by Pub. L. 109–248, see below. Pub. L. 109–248, which directed amendment of ‘‘Sec- tion 403(1) of the Comprehensive Crime Control Act of 1984 (42 U.S.C. 5772)’’ by substituting a semicolon at end for ‘‘if—’’ through subpar. (B), was executed by sub- stituting a semicolon for ‘‘if—’’and subpars. (A) and (B)