34 U.S.C. § 41502 — Morgan P. Hardiman Child Abduction

Page 647 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 41502 CHAPTER 415—RESOURCE CENTERS, TASK FORCES, DATABASES, AND PROGRAMS Sec. 41501. Financial institutions fraud task forces. 41502. Morgan P. Hardiman Child Abduction and Se- rial Murder Investigative Resources Center. 41503. Fugitive Apprehension Task Forces. 41504. Project Safe Neighborhoods. 41505. Organized retail theft database. 41506. United States-Mexico Border Violence Task Force. 41507. National Gang Intelligence Center. 41508. Grants to States for threat assessment data- bases. § 41501. Financial institutions fraud task forces (a) Establishment The Attorney General shall establish such fi- nancial institutions fraud task forces as the At- torney General deems appropriate to ensure that adequate resources are made available to investigate and prosecute crimes in or against financial institutions and to recover the pro- ceeds of unlawful activities from persons who have committed fraud or have engaged in other criminal activity in or against the financial services industry. (b) Supervision The Attorney General shall determine how each task force shall be supervised and may pro- vide for the supervision of any task force by the Special Counsel. (c) Senior interagency group (1) Establishment The Attorney General shall establish a sen- ior interagency group to assist in identifying the most significant financial institution fraud cases and in allocating investigative and prosecutorial resources where they are most needed. (2) Membership The senior interagency group shall be chaired by the Special Counsel and shall in- clude senior officials from— (A) the Department of Justice, including representatives of the Federal Bureau of In- vestigation, the Advisory Committee of United States Attorneys, and other relevant entities; (B) the Department of the Treasury; (C) the Federal Deposit Insurance Corpora- tion; (D) the Office of the Comptroller of the Currency; (E) the Board of Governors of the Federal Reserve System; and (F) the National Credit Union Administra- tion. (3) Duties This senior interagency group shall enhance interagency coordination and assist in accel- erating the investigations and prosecution of financial institutions fraud. (Pub. L. 101–647, title XXV, § 2539, Nov. 29, 1990, 104 Stat. 4884; Pub. L. 111–203, title III, § 359(1), July 21, 2010, 124 Stat. 1548.) Editorial Notes CODIFICATION Section was formerly classified in a note under sec- tion 509 of Title 28, Judiciary and Judicial Procedure, prior to editorial reclassification and renumbering as this section. AMENDMENTS 2010—Subsec. (c)(2)(C) to (H). Pub. L. 111–203, which directed the amendment of subsec. (c)(2) by striking out subpars. (C) and (D) and redesignating subpars. (E) to (H) as ‘‘(C) through (G), respectively’’, was executed by striking subpars. (C) and (D) and redesignating sub- pars. (E) to (H) as (C) to (F), respectively, to reflect the probable intent of Congress. Former subpars. (C) and (D) related to the Office of Thrift Supervision and the Resolution Trust Corporation, respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–203 effective on the trans- fer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress. § 41502. Morgan P. Hardiman Child Abduction and Serial Murder Investigative Resources Center (a) Establishment Not later than 90 days after the October 30, 1998, the Attorney General shall establish within the Federal Bureau of Investigation a Child Ab- duction and Serial Murder Investigative Re- sources Center to be known as the ‘‘Morgan P. Hardiman Child Abduction and Serial Murder Investigative Resources Center’’ (in this section referred to as the ‘‘CASMIRC’’). (b) Purpose The CASMIRC shall be managed by the Na- tional Center for the Analysis of Violent Crime of the Critical Incident Response Group of the Federal Bureau of Investigation (in this section referred to as the ‘‘NCAVC’’), and by multidisci- plinary resource teams in Federal Bureau of In- vestigation field offices, in order to provide in- vestigative support through the coordination and provision of Federal law enforcement re- sources, training, and application of other mul- tidisciplinary expertise, to assist Federal, State, and local authorities in matters involving child abductions, mysterious disappearances of chil- dren, child homicide, and serial murder across the country. The CASMIRC shall be co-located with the NCAVC. (c) Duties of the CASMIRC The CASMIRC shall perform such duties as the Attorney General determines appropriate to carry out the purposes of the CASMIRC, includ- ing— (1) identifying, developing, researching, ac- quiring, and refining multidisciplinary infor- mation and specialities to provide for the most current expertise available to advance investigative knowledge and practices used in child abduction, mysterious disappearances of children, child homicide, and serial murder in- vestigations; (2) providing advice and coordinating the ap- plication of current and emerging technical, forensic, and other Federal assistance to Fed- Page 648 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 41502 eral, State, and local authorities in child ab- duction, mysterious disappearances of chil- dren, child homicide, and serial murder inves- tigations; (3) providing investigative support, research findings, and violent crime analysis to Fed- eral, State, and local authorities in child ab- duction, mysterious disappearances of chil- dren, child homicide, and serial murder inves- tigations; (4) providing, if requested by a Federal, State, or local law enforcement agency, on site consultation and advice in child abduc- tion, mysterious disappearances of children, child homicide and serial murder investiga- tions; (5) coordinating the application of resources of pertinent Federal law enforcement agen- cies, and other Federal entities including, but not limited to, the United States Customs Service, the Secret Service, the Postal Inspec- tion Service, and the United States Marshals Service, as appropriate, and with the concur- rence of the agency head to support Federal, State, and local law enforcement involved in child abduction, mysterious disappearance of a child, child homicide, and serial murder inves- tigations; (6) conducting ongoing research related to child abductions, mysterious disappearances of children, child homicides, and serial mur- der, including identification and investigative application of current and emerging tech- nologies, identification of investigative searching technologies and methods for phys- ically locating abducted children, investiga- tive use of offender behavioral assessment and analysis concepts, gathering statistics and in- formation necessary for case identification, trend analysis, and case linkages to advance the investigative effectiveness of outstanding abducted children cases, develop investigative systems to identify and track serious serial of- fenders that repeatedly victimize children for comparison to unsolved cases, and other inves- tigative research pertinent to child abduction, mysterious disappearance of a child, child homicide, and serial murder covered in this section; (7) working under the NCAVC in coordina- tion with the National Center For Missing and Exploited Children and the Office of Juvenile Justice and Delinquency Prevention of the De- partment of Justice to provide appropriate training to Federal, State, and local law en- forcement in matters regarding child abduc- tions, mysterious disappearances of children, child homicides; and (8) establishing a centralized repository based upon case data reflecting child abduc- tions, mysterious disappearances of children, child homicides and serial murder submitted by State and local agencies, and an automated system for the efficient collection, retrieval, analysis, and reporting of information regard- ing CASMIRC investigative resources, re- search, and requests for and provision of inves- tigative support services. (d) Appointment of personnel to the CASMIRC (1) Selection of members of the CASMIRC and participating State and local law enforce- ment personnel The Director of the Federal Bureau of Inves- tigation shall appoint the members of the CASMIRC. The CASMIRC shall be staffed with Federal Bureau of Investigation personnel and other necessary personnel selected for their expertise that would enable them to assist in the research, data collection, and analysis, and provision of investigative support in child abduction, mysterious disappearances of chil- dren, child homicide and serial murder inves- tigations. The Director may, with concurrence of the appropriate State or local agency, also appoint State and local law enforcement per- sonnel to work with the CASMIRC. (2) Status Each member of the CASMIRC (and each in- dividual from any State or local law enforce- ment agency appointed to work with the CASMIRC) shall remain as an employee of that member’s or individual’s respective agen- cy for all purposes (including the purpose of performance review), and service with the CASMIRC shall be without interruption or loss of civil service privilege or status and shall be on a nonreimbursable basis, except if appropriate to reimburse State and local law enforcement for overtime costs for an indi- vidual appointed to work with the resource team. Additionally, reimbursement of travel and per diem expenses will occur for State and local law enforcement participation in resi- dent fellowship programs at the NCAVC when offered. (3) Training CASMIRC personnel, under the guidance of the Federal Bureau of Investigation’s National Center for the Analysis of Violent Crime and in consultation with the National Center For Missing and Exploited Children, shall develop a specialized course of instruction devoted to training members of the CASMIRC consistent with the purpose of this section. The CASMIRC shall also work with the National Center For Missing and Exploited Children and the Office of Juvenile Justice and Delin- quency Prevention of the Department of Jus- tice to develop a course of instruction for State and local law enforcement personnel to facilitate the dissemination of the most cur- rent multidisciplinary expertise in the inves- tigation of child abductions, mysterious dis- appearances of children, child homicides, and serial murder of children. (e) Report to Congress One year after the establishment of the CASMIRC, the Attorney General shall submit to Congress a report, which shall include— (1) a description of the goals and activities of the CASMIRC; and (2) information regarding— (A) the number and qualifications of the members appointed to the CASMIRC; (B) the provision of equipment, adminis- trative support, and office space for the CASMIRC; and Page 649 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 41505 1 So in original. Probably should be ‘‘States’’. (C) the projected resource needs for the CASMIRC. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be nec- essary for each of fiscal years 1999, 2000, and 2001. (Pub. L. 105–314, title VII, § 703(a)–(f), Oct. 30, 1998, 112 Stat. 2987–2989.) Editorial Notes CODIFICATION Section was formerly classified as a note under sec- tion 531 of Title 28, Judiciary and Judicial Procedure, prior to editorial reclassification and renumbering as this section. Section is comprised of subsecs. (a) to (f) of section 703 of Pub. L. 105–314. Subsec. (g) of section 703 repealed section 5776a of Title 42, The Public Health and Wel- fare, and provisions set out as notes under sections 5601 and 5776a of Title 42. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, includ- ing the functions of the Secretary of the Treasury re- lating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganiza- tion Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 41503. Fugitive Apprehension Task Forces (a) In general The Attorney General shall, upon consultation with appropriate Department of Justice and De- partment of the Treasury law enforcement com- ponents, establish permanent Fugitive Appre- hension Task Forces consisting of Federal, State, and local law enforcement authorities in designated regions of the United States, to be directed and coordinated by the United States Marshals Service, for the purpose of locating and apprehending fugitives. (b) Authorization of appropriations There are authorized to be appropriated to the Attorney General for the United States Mar- shals Service to carry out the provisions of this section $30,000,000 for the fiscal year 2001, $5,000,000 for fiscal year 2002, $5,000,000 for fiscal year 2003, and $10,000,000 for each of fiscal years 2008 through 2012. (c) Other existing applicable law Nothing in this section shall be construed to limit any existing authority under any other provision of Federal or State law for law en- forcement agencies to locate or apprehend fugi- tives through task forces or any other means. (Pub. L. 106–544, § 6, Dec. 19, 2000, 114 Stat. 2718; Pub. L. 110–177, title V, § 507, Jan. 7, 2008, 121 Stat. 2543.) Editorial Notes CODIFICATION Section was formerly classified as a note under sec- tion 566 of Title 28, Judiciary and Judicial Procedure, prior to editorial reclassification and renumbering as this section. AMENDMENTS 2008—Subsec. (b). Pub. L. 110–177 struck out ‘‘and’’ after ‘‘fiscal year 2002,’’ and inserted before period at end ‘‘, and $10,000,000 for each of fiscal years 2008 through 2012’’. § 41504. Project Safe Neighborhoods (a) In general The Attorney General shall establish a pro- gram for each United States Attorney to provide for coordination with State and local law en- forcement officials in the identification and prosecution of violations of Federal firearms laws including school gun violence and juvenile gun offenses. (b) Authorization for hiring 94 additional Assist- ant United States Attorneys There are authorized to be appropriated to carry out this section $9,000,000 for fiscal year 2002 to hire an additional Assistant United States Attorney in each United States Attorney Office. (Pub. L. 107–273, div. A, title I, § 104, Nov. 2, 2002, 116 Stat. 1766.) Editorial Notes CODIFICATION Section was formerly classified as a note under sec- tion 509 of Title 28, Judiciary and Judicial Procedure, prior to editorial reclassification and renumbering as this section. § 41505. Organized retail theft database (a) National data (1) The Attorney General and the Federal Bu- reau of Investigation, in consultation with the retail community, shall establish a task force to combat organized retail theft and provide exper- tise to the retail community for the establish- ment of a national database or clearinghouse housed and maintained in the private sector to track and identify where organized retail theft type crimes are being committed in the United Sates.1 The national database shall allow Fed- eral, State, and local law enforcement officials as well as authorized retail companies (and au- thorized associated retail databases) to transmit information into the database electronically and to review information that has been submitted electronically. (2) The Attorney General shall make available funds to provide for the ongoing administrative