34 U.S.C. § 41306 — Report to Congress on banking law of-

Page 642 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 41305 shall collect and publish data that more accu- rately measures the extent of domestic violence in America, especially the physical and sexual abuse of children and the elderly. (c) Authorization of appropriations There are authorized to be appropriated in fis- cal years 1989, 1990, 1991, and 1992, such sums as are necessary to carry out the purposes of this section. (Pub. L. 100–690, title VII, § 7609, Nov. 18, 1988, 102 Stat. 4517.) 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. § 41305. Hate crime statistics (a) This Act may be cited as the ‘‘Hate Crime Statistics Act’’. (b)(1) Under the authority of section 534 of title 28, the Attorney General shall acquire data, for each calendar year, about crimes that mani- fest evidence of prejudice based on race, gender and gender identity, religion, disability, sexual orientation, or ethnicity, including where appro- priate the crimes of murder, non-negligent man- slaughter; forcible rape; aggravated assault, simple assault, intimidation; arson; and destruc- tion, damage or vandalism of property. (2) The Attorney General shall establish guide- lines for the collection of such data including the necessary evidence and criteria that must be present for a finding of manifest prejudice and procedures for carrying out the purposes of this section. (3) Nothing in this section creates a cause of action or a right to bring an action, including an action based on discrimination due to sexual orientation. As used in this section, the term ‘‘sexual orientation’’ means consensual homo- sexuality or heterosexuality. This subsection does not limit any existing cause of action or right to bring an action, including any action under the Administrative Procedure Act [5 U.S.C. 551 et seq., 701 et seq.] or the All Writs Act [28 U.S.C. 1651]. (4) Data acquired under this section shall be used only for research or statistical purposes and may not contain any information that may reveal the identity of an individual victim of a crime. (5) The Attorney General shall publish an an- nual summary of the data acquired under this section, including data about crimes committed by, and crimes directed against, juveniles. (c) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section through fiscal year 2002. (Pub. L. 101–275, § 1, Apr. 23, 1990, 104 Stat. 140; Pub. L. 103–322, title XXXII, § 320926, Sept. 13, 1994, 108 Stat. 2131; Pub. L. 104–155, § 7, July 3, 1996, 110 Stat. 1394; Pub. L. 111–84, div. E, § 4708, Oct. 28, 2009, 123 Stat. 2841.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a), is Pub. L. 101–275, Apr. 23, 1990, 104 Stat. 140, which enacted this section and provisions set out as a note under this section. The Administrative Procedure Act, referred to in sub- sec. (b)(3), is act June 11, 1946, ch. 324, 60 Stat. 237, which was classified to sections 1001 to 1011 of former title 5 and which was repealed and reenacted as sub- chapter II (§ 551 et seq.) of chapter 5, and chapter 7 (§ 701 et seq.), of Title 5, Government Organization and Em- ployees, by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378. See Short Title note preceding section 551 of Title 5. The All Writs Act, referred to in subsec. (b)(3), means section 1651 of Title 28, Judiciary and Judicial Proce- dure, which is popularly known as the ‘‘All Writs Act’’. CODIFICATION Section was formerly classified in a note under sec- tion 534 of Title 28, Judiciary and Judicial Procedure, prior to editorial reclassification and renumbering as this section. AMENDMENTS 2009—Subsec. (b)(1). Pub. L. 111–84, § 4708(a), inserted ‘‘gender and gender identity,’’ after ‘‘race,’’. Subsec. (b)(5). Pub. L. 111–84, § 4708(b), inserted ‘‘, including data about crimes committed by, and crimes directed against, juveniles’’ after ‘‘data ac- quired under this section’’. 1996—Subsec. (b)(1). Pub. L. 104–155, § 7(1), substituted ‘‘for each calendar year’’ for ‘‘for the calendar year 1990 and each of the succeeding 4 calendar years’’. Subsec. (c). Pub. L. 104–155, § 7(2), substituted ‘‘2002’’ for ‘‘1994’’. 1994—Subsec. (b)(1). Pub. L. 103–322 inserted ‘‘dis- ability,’’ after ‘‘religion,’’. Statutory Notes and Related Subsidiaries FINDINGS Pub. L. 101–275, § 2, Apr. 23, 1990, 104 Stat. 140, provided that: ‘‘(a) Congress finds that— ‘‘(1) the American family life is the foundation of American Society, ‘‘(2) Federal policy should encourage the well-being, financial security, and health of the American fam- ily, ‘‘(3) schools should not de-emphasize the critical value of American family life. ‘‘(b) Nothing in this Act [enacting this section] shall be construed, nor shall any funds appropriated to carry out the purpose of the Act be used, to promote or en- courage homosexuality.’’ § 41306. Report to Congress on banking law of- fenses (a) In general (1) Data collection The Attorney General shall compile and col- lect data concerning— (A) the nature and number of civil and criminal investigations, prosecutions, and related proceedings, and civil enforcement and recovery proceedings, in progress with respect to banking law offenses under sec- tions 981, 1008, 1032, and 3322(d) of title 18 and section 1833a of title 12 and conspiracies to commit any such offense, including inactive investigations of such offenses; (B) the number of— (i) investigations, prosecutions, and re- lated proceedings described in subpara- Page 643 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 41308 1 So in original. Probably should be ‘‘41501(c)(3)’’. 1 See References in Text note below. graph (A) which are inactive as of the close of the reporting period but have not been closed or declined; and (ii) unaddressed referrals which allege criminal misconduct involving offenses de- scribed in subparagraph (A), and the reasons such matters are inactive and the referrals unaddressed; (C) the nature and number of such matters closed, settled, or litigated to conclusion; and (D) the results achieved, including convic- tions and pretrial diversions, fines and pen- alties levied, restitution assessed and col- lected, and damages recovered, in such mat- ters. (2) Analysis and report The Attorney General shall analyze and re- port to the Congress on the data described in paragraph (1) and its coordination and other related activities named in section 41501(c)(2) 1 of this title and shall provide such report on the data monthly through December 31, 1991, and quarterly after such date. (b) Specifics of report The report required by subsection (a) shall— (1) categorize data as to various types of fi- nancial institutions and appropriate dollar loss categories; (2) disclose data for each Federal judicial district; (3) describe the activities of the Financial Institution Fraud Unit; and (4) list— (A) the number of institutions, categorized by failed and open institutions, in which evi- dence of significant fraud, unlawful activity, insider abuse or serious misconduct has been alleged or detected; (B) civil, criminal, and administrative en- forcement actions, including those of the Federal financial institutions regulatory agencies, brought against offenders; (C) any settlements or judgments obtained against offenders; (D) indictments, guilty pleas, or verdicts obtained against offenders; and (E) the resources allocated in pursuit of in- vestigations, prosecutions, and sentencings (including indictments, guilty pleas, or ver- dicts obtained against offenders) and related proceedings. (Pub. L. 101–647, title XXV, § 2546, Nov. 29, 1990, 104 Stat. 4885.) Editorial Notes CODIFICATION Section was formerly classified as a note under sec- tion 522 of Title 28, Judiciary and Judicial Procedure, prior to editorial reclassification and renumbering as this section. § 41307. Reporting requirement for missing chil- dren (a) In general Each Federal, State, and local law enforce- ment agency shall report each case of a missing child under the age of 21 reported to such agency to the National Crime Information Center of the Department of Justice and, consistent with sec- tion 40507 (including rules promulgated pursuant to section 40507(c)) of this title, shall also report such case, either directly or through authoriza- tion described in such section to transmit, enter, or share information on such case, to the NamUs databases. (b) Guidelines The Attorney General may establish guide- lines for the collection of such reports including procedures for carrying out the purposes of this section and section 41308 of this title.1 (c) Annual summary The Attorney General shall publish an annual statistical summary of the reports received under this section and section 41308 of this title. (Pub. L. 101–647, title XXXVII, § 3701, Nov. 29, 1990, 104 Stat. 4966; Pub. L. 108–21, title II, § 204, Apr. 30, 2003, 117 Stat. 660; Pub. L. 117–327, § 2(c)(1), Dec. 27, 2022, 136 Stat. 4455.) Editorial Notes REFERENCES IN TEXT This section and section 41308 of this title, referred to in subsec. (b), was in the original ‘‘this Act’’, and was translated as reading ‘‘this title’’, meaning title XXXVII of Pub. L. 101–647, which enacted this section and section 41308 of this title, to reflect the probable in- tent of Congress. CODIFICATION Section was formerly classified to section 5779 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2022—Subsec. (a). Pub. L. 117–327 inserted before pe- riod at end ‘‘and, consistent with section 40507 (includ- ing rules promulgated pursuant to section 40507(c)) of this title, shall also report such case, either directly or through authorization described in such section to transmit, enter, or share information on such case, to the NamUs databases’’. 2003—Subsec. (a). Pub. L. 108–21 substituted ‘‘age of 21’’ for ‘‘age of 18’’. 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. § 41308. State requirements for reporting missing children Each State reporting under the provisions of this section and section 41307 of this title shall— (1) ensure that no law enforcement agency within the State establishes or maintains any policy that requires the observance of any waiting period before accepting a missing child or unidentified person report; (2) ensure that no law enforcement agency within the State establishes or maintains any policy that requires the removal of a missing person entry from its State law enforcement