34 U.S.C. § 20301 — Findings

Page 466 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20145 claims that if aggregated would exceed $35,000,000, the Special Master shall, for purposes of this section, re- duce such claims on a pro rata basis such that in the aggregate such claims do not exceed $35,000,000. ‘‘(III) In the event that a United States person, or the immediate family member of such person, has an eligible claim under this section and has received an award or an award determination under section 405 of the Air Transportation Safety and System Stabiliza- tion Act (49 U.S.C. 40101 note), the amount of com- pensation to which such person, or the immediate family member of such person, was determined to be entitled under section 405 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) shall be considered controlling for the purposes of this section, notwithstanding any compensatory damages amounts such person, or immediate family member of such person, is deemed eligible for or enti- tled to pursuant to a final judgment described in sub- section (c)(2)(A).’’ Subsec. (d)(4). Pub. L. 116–69, § 1701(b)(1)(C)(ii), des- ignated existing provisions as subpar. (A), inserted heading, substituted ‘‘Except as provided in subpara- graph (B), on’’ for ‘‘On’’, and added subpar. (B). Subsec. (e)(2)(A)(ii). Pub. L. 116–69, § 1701(b)(1)(D)(i), substituted ‘‘Seventy-five percent’’ for ‘‘One-half’’ and ‘‘seventy-five percent’’ for ‘‘one-half’’. Subsec. (e)(6). Pub. L. 116–69, § 1701(b)(1)(D)(ii), sub- stituted ‘‘2030’’ for ‘‘2026’’ in subpars. (A) and (B). Subsec. (f)(1). Pub. L. 116–69, § 1701(b)(1)(E), inserted ‘‘representing a non-9/11 related victim of state spon- sored terrorism’’ after ‘‘No attorney’’ and ‘‘After No- vember 21, 2019, no attorney representing a 9/11 related victim of state sponsored terrorism shall charge, re- ceive, or collect, and the Special Master shall not ap- prove, any payment of fees and costs that in the aggre- gate exceeds 15 percent of any payment made under this section after November 21, 2019.’’ after ‘‘section.’’ Subsec. (j)(6). Pub. L. 116–69, § 1701(b)(1)(F)(i), struck out ‘‘(including payments from the September 11th Vic- tim Compensation Fund (49 U.S.C. 40101 note))’’ after ‘‘local governments’’. Subsec. (j)(9) to (14). Pub. L. 116–69, § 1701(b)(1)(F)(ii), added pars. (9) to (14). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2019 AMENDMENT Pub. L. 116–69, div. B, title VII, § 1701(d), Nov. 21, 2019, 133 Stat. 1143, provided that: ‘‘This section [amending this section and enacting provisions set out as a note below] and the amendments made by this section shall take effect on the date of enactment of this Act [Nov. 21, 2019].’’ CONSTRUCTION OF 2019 AMENDMENT Pub. L. 116–69, div. B, title VII, § 1701(c), Nov. 21, 2019, 133 Stat. 1143, provided that: ‘‘A determination by the Special Master before the date of enactment of the United States Victims of State Sponsored Terrorism Fund Clarification Act [Nov. 21, 2019] that an award or award determination under section 405 of the Air Transportation Safety and Stabilization Act [Pub. L. 107–42] (49 U.S.C. 40101 note) was controlling for pur- poses of the Fund (pursuant to subsection (d)(3)(A)(ii)(III) of the Justice for United States Vic- tims of State Sponsored Terrorism Act (34 U.S.C. 20144(d)(3)(A)(ii)(III)), as such section was in effect on the day before the date of enactment of this Act [Nov. 21, 2019]) shall not prejudice a claim of a 9/11 victim, 9/ 11 spouse, or 9/11 dependent.’’ § 20145. Elimination of barriers (a) Minors A Federal agency may not require a survivor of human trafficking who is less than 18 years of age or a homeless youth to obtain the consent or signature of the parent or guardian of the sur- vivor or homeless youth to receive a copy of a Government-issued identity card issued to the survivor or homeless youth. (b) Fees A Federal agency may not charge a survivor of human trafficking or a homeless youth a fee to obtain a copy of a Government-issued identity card issued to the survivor or homeless youth. (Pub. L. 117–347, title IV, § 402, Jan. 5, 2023, 136 Stat. 6208.) Statutory Notes and Related Subsidiaries DEFINITIONS Pub. L. 117–347, § 3, Jan. 5, 2023, 136 Stat. 6199, provided that: ‘‘In this Act [see section 1 of Pub. L. 117–347, set out as a Short Title of 2023 Amendment note under sec- tion 10101 of this title]: ‘‘(1) COMPUTER.—The term ‘computer’ includes a computer network and any interactive electronic de- vice. ‘‘(2) CYBERCRIME AGAINST INDIVIDUALS.—The term ‘cybercrime against individuals’ has the meaning given that term in section 1401(a) [of the] Violence Against Women Act Reauthorization Act of 2022 (34 U.S.C. 30107(a)). ‘‘(3) HOMELESS YOUTH.—The term ‘homeless youth’ has the meaning given the term ‘homeless children and youths’ in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).’’ CHAPTER 203—VICTIMS OF CHILD ABUSE SUBCHAPTER I—IMPROVING INVESTIGATION AND PROSECUTION OF CHILD ABUSE CASES Sec. 20301. Findings. 20302. Definitions. 20303. Regional children’s advocacy centers. 20304. Local children’s advocacy centers. 20305. Grants for specialized technical assistance and training programs. 20306. Authorization of appropriations. 20307. Accountability. SUBCHAPTER II—COURT-APPOINTED SPECIAL ADVOCATE PROGRAM 20321. Findings. 20322. Purpose. 20323. Strengthening of court-appointed special ad- vocate program. 20324. Authorization of appropriations. SUBCHAPTER III—CHILD ABUSE TRAINING PRO- GRAMS FOR JUDICIAL PERSONNEL AND PRAC- TITIONERS 20331. Findings and purpose. 20332. Grants for juvenile and family court per- sonnel. 20333. Specialized technical assistance and training programs. 20334. Authorization of appropriations. SUBCHAPTER IV—REPORTING REQUIREMENTS 20341. Child abuse reporting. 20342. Federal immunity. SUBCHAPTER V—CHILD CARE WORKER EMPLOYEE BACKGROUND CHECKS 20351. Requirement for background checks. SUBCHAPTER I—IMPROVING INVESTIGA- TION AND PROSECUTION OF CHILD ABUSE CASES § 20301. Findings The Congress finds that— Page 467 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20302 (1) over 3,400,000 reports of suspected child abuse and neglect are made each year; (2) the investigation and prosecution of child abuse cases is extremely complex, involving numerous agencies and dozens of personnel; (3) a key to a child victim healing from abuse is access to supportive and healthy fam- ilies and communities; (4) traditionally, community agencies and professionals have different roles in the pre- vention, investigation, and intervention proc- ess; (5) in such cases, too often the system does not pay sufficient attention to the needs and welfare of the child victim, aggravating the trauma that the child victim has already expe- rienced; (6) there is a national need to enhance co- ordination among community agencies and professionals involved in the intervention sys- tem; (7) multidisciplinary child abuse investiga- tion and prosecution programs have been de- veloped that increase the reporting of child abuse cases, reduce the trauma to the child victim, improve positive outcomes for the child, and increase the successful prosecution of child abuse offenders; (8) such programs have proven effective, and with targeted Federal assistance, have ex- panded dramatically throughout the United States; and (9) State chapters of children’s advocacy center networks are needed to— (A) assist local communities in coordi- nating their multidisciplinary child abuse investigation, prosecution, and intervention services; and (B) provide oversight of, and training and technical assistance in, the effective deliv- ery of evidence-informed programming, and operations of centers. (Pub. L. 101–647, title II, § 211, Nov. 29, 1990, 104 Stat. 4792; Pub. L. 102–586, § 6(a), Nov. 4, 1992, 106 Stat. 5029; Pub. L. 115–424, § 2(a), Jan. 7, 2019, 132 Stat. 5465; Pub. L. 117–354, § 3(1), Jan. 5, 2023, 136 Stat. 6274.) Editorial Notes CODIFICATION Section was formerly classified to section 13001 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2023—Par. (1). Pub. L. 117–354, § 3(1)(A), substituted ‘‘3,400,000’’ for ‘‘3,300,000’’ and struck out ‘‘, and drug abuse is associated with a significant portion of these’’ after ‘‘year’’. Pars. (3) to (9). Pub. L. 117–354, § 3(1)(B), (C), added par. (3) and redesignated former pars. (3) to (8) as (4) to (9), respectively. Par. (9)(B). Pub. L. 117–354, § 3(1)(D), inserted ‘‘, and operations of centers’’ after ‘‘programming’’. 2019—Par. (1). Pub. L. 115–424, § 2(a)(1), substituted ‘‘3,300,000’’ for ‘‘2,000,000’’. Par. (6). Pub. L. 115–424, § 2(a)(2), inserted ‘‘improve positive outcomes for the child,’’ before ‘‘and increase’’ and substituted semicolon for ‘‘; and’’ at end. Par. (7). Pub. L. 115–424, § 2(a)(3), substituted ‘‘have expanded dramatically throughout the United States; and’’ for ‘‘could be duplicated in many jurisdictions throughout the country.’’ Par. (8). Pub. L. 115–424, § 2(a)(4), added par. (8). 1992—Pars. (3) to (7). Pub. L. 102–586 added pars. (3) and (5) and redesignated former pars. (3), (4), and (5) as (4), (6), and (7), respectively. § 20302. Definitions For purposes of this subchapter— (1) the term ‘‘Administrator’’ means the agency head designated under section 11111(b) of this title; (2) the term ‘‘applicant’’ means a child pro- tective service, law enforcement, legal, med- ical and mental health agency or other agency that responds to child abuse cases; (3) the term ‘‘census region’’ means 1 of the 4 census regions (northeast, south, midwest, and west) that are designated as census re- gions by the Bureau of the Census as of No- vember 4, 1992; (4) the term ‘‘child abuse’’ means physical or sexual abuse or neglect of a child, including human trafficking and the production of child pornography; (5) the term ‘‘multidisciplinary response to child abuse’’ means a coordinated team re- sponse to child abuse that is based on mutu- ally agreed upon procedures among the com- munity agencies and professionals involved in the intervention, prevention, prosecution, and investigation systems that best meets the needs of child victims and their nonoffending family members; (6) the term ‘‘nonoffending family member’’ means a member of the family of a victim of child abuse other than a member who has been convicted or accused of committing an act of child abuse; (7) the term ‘‘regional children’s advocacy program’’ means the children’s advocacy pro- gram established under section 20303(a) of this title; and (8) the term ‘‘State chapter’’ means a mem- bership organization that provides technical assistance, training, coordination, grant ad- ministration, oversight, and organizational capacity support to local children’s advocacy centers, multidisciplinary teams, and commu- nities working to implement a multidisci- plinary response to child abuse in the provi- sion of evidence-informed initiatives, includ- ing mental health counseling, forensic inter- viewing, multidisciplinary team coordination, and victim advocacy. (Pub. L. 101–647, title II, § 212, as added Pub. L. 102–586, § 6(b)(2), Nov. 4, 1992, 106 Stat. 5029; amended Pub. L. 114–22, title I, § 104(1), May 29, 2015, 129 Stat. 236; Pub. L. 115–424, § 2(b), (h)(1), Jan. 7, 2019, 132 Stat. 5465, 5470; Pub. L. 117–354, § 3(2), Jan. 5, 2023, 136 Stat. 6274.) Editorial Notes CODIFICATION Section was formerly classified to section 13001a of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 212 of Pub. L. 101–647 was renumbered section 214 and is classified to section 20304 of this title. AMENDMENTS 2023—Par. (5). Pub. L. 117–354, § 3(2)(A), which directed insertion of ‘‘coordinated team’’ before ‘‘response’’, was