34 U.S.C. § 41302 — Acquisition of statistical data on child

Page 640 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 41107 prior to editorial reclassification and renumbering as this section. § 41107. Access to the national crime information databases by tribes (1) In general The Attorney General shall ensure that— (A) tribal law enforcement officials that meet applicable Federal or State requirements shall be permitted access to national crime in- formation databases; and (B) technical assistance and training is pro- vided to Bureau of Indian Affairs and tribal law enforcement agencies to gain access to, and the ability to use and input information into, the National Crime Information Center and other national crime information data- bases pursuant to section 534 of title 28. (2) Sanctions For purpose of sanctions for noncompliance with requirements of, or misuse of, national crime information databases and information obtained from those databases, a tribal law en- forcement agency or official shall be treated as Federal law enforcement agency or official. (3) NCIC Each tribal justice official serving an Indian tribe shall be considered to be an authorized law enforcement official for purposes of access to the National Crime Information Center of the Federal Bureau of Investigation. (Pub. L. 111–211, title II, § 233(b), July 29, 2010, 124 Stat. 2279; Pub. L. 117–103, div. W, title VIII, § 802(a), Mar. 15, 2022, 136 Stat. 897.) 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 subsec. (b) of section 233 of Pub. L. 111–211. Subsec. (a) of section 233 amended sec- tion 534 of Title 28, Judiciary and Judicial Procedure. AMENDMENTS 2022—Par. (1). Pub. L. 117–103, § 802(a)(1), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: ‘‘The Attorney General shall en- sure that tribal law enforcement officials that meet ap- plicable Federal or State requirements be permitted ac- cess to national crime information databases.’’ Par. (3). Pub. L. 117–103, § 802(a)(2), struck out ‘‘with criminal jurisdiction over Indian country’’ after ‘‘In- dian tribe’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade. DEFINITIONS For definition of ‘‘Indian tribe’’ used in this section, see section 203(a) of Pub. L. 111–211, set out as a note under section 2801 of Title 25, Indians. CHAPTER 413—CRIME REPORTS AND STATISTICS Sec. 41301. Report to Congress on sexual exploitation of children. 41302. Acquisition of statistical data on child abuse. 41303. Uniform Federal Crime Reporting Act of 1988. 41304. Family and domestic violence: data collec- tion and reporting. 41305. Hate crime statistics. 41306. Report to Congress on banking law offenses. 41307. Reporting requirement for missing children. 41308. State requirements for reporting missing children. 41309. Reporting on human trafficking. 41310. Report on theft of trade secrets occurring abroad. 41311. Improving Department of Justice data collec- tion on mental illness involved in crime. 41312. Report on female genital mutilation. 41313. GAO study on incidence of fatal and non-fatal physical and sexual assault of passengers, TNC drivers, and drivers of other for-hire vehicles. § 41301. Report to Congress on sexual exploi- tation of children Beginning one hundred and twenty days after May 21, 1984, and every year thereafter, the At- torney General shall report to the Congress on prosecutions, convictions, and forfeitures under chapter 110 of title 18. (Pub. L. 98–292, § 9, May 21, 1984, 98 Stat. 206.) 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. § 41302. Acquisition of statistical data on child abuse (a) Data acquisition for 1987 and 1988 The Attorney General shall acquire from criminal justice agencies statistical data, for the calendar years 1987 and 1988, about the inci- dence of child abuse, including child sexual abuse, and shall publish annually a summary of such data. (b) Modification of uniform crime reporting pro- gram (1) As soon as practicable, but in no case later than January 1, 1989, the Attorney General shall modify the uniform crime reporting program in the Federal Bureau of Investigation to include data on the age of the victim of the offense and the relationship, if any, of the victim to the of- fender, for types of offenses that may involve child abuse, including child sexual abuse. (2) The modification, once made, shall remain in effect until the later of— (A) 10 years after the date it is made; or (B) such ending date as may be set by the Attorney General. (Pub. L. 99–401, title I, § 105, Aug. 27, 1986, 100 Stat. 906.) Editorial Notes CODIFICATION Section was formerly classified as a note under sec- tion 5101 of Title 42, The Public Health and Welfare, Page 641 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 41304 prior to editorial reclassification and renumbering as this section. § 41303. Uniform Federal Crime Reporting Act of 1988 (a) Short title This section may be cited as the ‘‘Uniform Federal Crime Reporting Act of 1988’’. (b) Definitions For purposes of this section, the term ‘‘Uni- form Crime Reports’’ means the reports author- ized under section 534 of title 28 and adminis- tered by the Federal Bureau of Investigation which compiles nationwide criminal statistics for use in law enforcement administration, oper- ation, and management and to assess the nature and type of crime in the United States. (c) Establishment of system (1) In general The Attorney General shall acquire, collect, classify, and preserve national data on Federal criminal offenses as part of the Uniform Crime Reports. (2) Reporting by Federal agencies All departments and agencies within the Federal government (including the Depart- ment of Defense) which routinely investigate complaints of criminal activity, shall report details about crime within their respective ju- risdiction to the Attorney General in a uni- form manner and on a form prescribed by the Attorney General. The reporting required by this subsection shall be limited to the report- ing of those crimes comprising the Uniform Crime Reports. (3) Distribution of data The Attorney General shall distribute data received pursuant to paragraph (2), not less frequently than annually, to the President, Members of the Congress, State governments, and officials of localities and penal and other institutions participating in the Uniform Crime Reports program. (4) Interagency coordination (A) In general Not later than 90 days after December 21, 2018, the Director of the Federal Bureau of Investigation shall coordinate with the head of each department or agency within the Federal Government that is subject to the mandatory reporting requirements under paragraph (2) for the purpose of ensuring successful implementation of paragraph (2). (B) For report Not later than 6 months after December 21, 2018, the head of each department or agency within the Federal Government that is sub- ject to the mandatory reporting require- ments under paragraph (2) shall provide the Director of the Federal Bureau of Investiga- tion such information as the Director deter- mines is necessary to complete the first re- port required under paragraph (5). (5) Annual report by Federal Bureau of Inves- tigation Not later than 1 year after December 21, 2018, and annually thereafter, the Director of the Federal Bureau of Investigation shall pre- pare and submit to the Committee on the Ju- diciary of the Senate and the Committee on the Judiciary of the House of Representatives a report detailing the efforts of the depart- ments and agencies within the Federal Gov- ernment to come into compliance with para- graph (2). The report shall contain a list of all departments and agencies within the Federal Government subject to paragraph (2) and whether each department or agency is in com- pliance with paragraph (2). (d) Role of Federal Bureau of Investigation The Attorney General may designate the Fed- eral Bureau of Investigation as the lead agency for purposes of performing the functions author- ized by this section and may appoint or estab- lish such advisory and oversight boards as may be necessary to assist the Bureau in ensuring uniformity, quality, and maximum use of the data collected. (e) Inclusion of offenses involving illegal drugs The Director of the Federal Bureau of Inves- tigation is authorized to classify offenses involv- ing illegal drugs and drug trafficking as a part I crime in the Uniform Crime Reports. (f) Authorization of appropriations There are authorized to be appropriated $350,000 for fiscal year 1989 and such sums as may be necessary to carry out the provisions of this section after fiscal year 1989. (g) Effective date The provisions of this section shall be effec- tive on January 1, 1989. (Pub. L. 100–690, title VII, § 7332, Nov. 18, 1988, 102 Stat. 4468; Pub. L. 115–393, title IV, § 402, Dec. 21, 2018, 132 Stat. 5274.) 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. AMENDMENTS 2018—Subsec. (c)(3). Pub. L. 115–393, § 402(1), sub- stituted ‘‘not less frequently than annually’’ for ‘‘in the form of annual Uniform Crime Reports for the United States’’. Subsec. (c)(4), (5). Pub. L. 115–393, § 402(2), added pars. (4) and (5). § 41304. Family and domestic violence: data col- lection and reporting (a) Family violence reporting Under the authority of section 534 of title 28, the Attorney General shall require, and include in uniform crime reports, data that indicate— (1) the age of the victim; and (2) the relationship of the victim to the of- fender, for crimes of murder, aggravated as- sault, simple assault, rape, sexual offenses, and offenses against children. (b) National Crime Survey The Director of the Bureau of Justice Statis- tics, through the annual National Crime Survey,