34 U.S.C. § 41305 — Hate crime statistics

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-