34 U.S.C. § 11292 — Definitions

Page 285 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 11292 1 So in original. The semicolon probably should be a period. 115–267, § 2(a). See Amendment notes below. Text of sec- tion is based on amendments by Pub. L. 115–267. Par. (1). Pub. L. 115–267, § 2(a)(1), amended par. (1) gen- erally. Prior to amendment, par. (1) read as follows: ‘‘each year thousands of children are abducted or re- moved from the control of a parent having legal cus- tody without such parent’s consent, under cir- cumstances which immediately place the child in grave danger;’’. Par. (4). Pub. L. 115–267, § 2(a)(2)–(4), redesignated par. (6) as (4), inserted ‘‘, including child sex trafficking and sextortion’’ after ‘‘exploitation’’, and struck out former par. (4) which read as follows: ‘‘in many cases, parents and local law enforcement officials have neither the re- sources nor the expertise to mount expanded search ef- forts;’’. Par. (5). Pub. L. 115–267, § 2(a)(2), (3), redesignated par. (7) as (5) and struck out former par. (5) which read as follows: ‘‘abducted children are frequently moved from one locality to another, requiring the cooperation and coordination of local, State, and Federal law enforce- ment efforts;’’. Par. (6). Pub. L. 115–267, § 2(a)(3), (5), redesignated par. (8) as (6) and inserted ‘‘and’’ at end. Former par. (6) re- designated (4). Par. (7). Pub. L. 115–267, § 2(a)(3), (6), redesignated par. (10) as (7) and amended it generally. Prior to amend- ment, text related to the National Center for Missing and Exploited Children. Former par. (7) redesignated (5). Pars. (8) to (10). Pub. L. 115–267, § 2(a)(2), (3), redesig- nated pars. (8) and (10) as (6) and (7), respectively, and struck out par. (9) which read as follows: ‘‘the Office of Juvenile Justice and Delinquency Prevention admin- isters programs under this chapter through the Child Protection Division, including programs which prevent or address offenses committed against vulnerable chil- dren and which support missing children’s organiza- tions; and’’. 2013—Pub. L. 113–38 added par. (3) and redesignated former pars. (3) to (9) as (4) to (10), respectively. 2008—Pub. L. 110–240 amended section generally. Prior to amendment, section consisted of pars. (1) to (5) stat- ing findings of Congress concerning missing or ab- ducted children and the role of the National Center for Missing and Exploited Children. 2003—Pub. L. 108–96 amended section generally. Prior to amendment, section consisted of pars. (1) to (21) stating findings of Congress. 1999—Pars. (9) to (21). Pub. L. 106–71 added pars. (9) to (21). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–267, § 4, Oct. 11, 2018, 132 Stat. 3760, pro- vided that: ‘‘(a) EFFECTIVE DATE.—Except as provided in sub- section (b), this Act [see section 1 of Pub. L. 115–267, set out as a Short Title of 2018 Amendment note under sec- tion 10101 of this title] and the amendments made by this Act shall take effect on the date of the enactment of this Act [Oct. 11, 2018]. ‘‘(b) APPLICATION OF AMENDMENTS.—The amendments made by section 2 [enacting section 11295a of this title and amending this section and sections 11292 to 11294, 11296, and 11297 of this title] shall apply with respect to fiscal years that begin after September 30, 2018.’’ EFFECTIVE DATE Subchapter effective Oct. 12, 1984, see section 670(a) of Pub. L. 98–473, set out as an Effective Date of 1984 Amendment note under section 11101 of this title. SHORT TITLE For short title of title IV of Pub. L. 93–415, which is classified to this subchapter, as the ‘‘Missing Children’s Assistance Act’’, see section 401 of Pub. L. 93–415, set out as a Short Title of 1974 Act note under section 10101 of this title. § 11292. Definitions For the purpose of this subchapter— (1) the term ‘‘missing child’’ means any indi- vidual less than 18 years of age whose where- abouts are unknown to such individual’s par- ent; (2) the term ‘‘Administrator’’ means the Ad- ministrator of the Office of Juvenile Justice and Delinquency Prevention; (3) the term ‘‘Center’’ means the National Center for Missing and Exploited Children; (4) the term ‘‘parent’’ includes a legal guard- ian or other individual who may lawfully exer- cise parental rights with respect to the child; and (5) the term ‘‘child sexual abuse material’’ has the meaning given the term ‘‘child pornog- raphy’’ in section 2256 of title 18; 1 (Pub. L. 93–415, title IV, § 403, as added Pub. L. 98–473, title II, § 660, Oct. 12, 1984, 98 Stat. 2126; amended Pub. L. 106–71, § 2(b), Oct. 12, 1999, 113 Stat. 1034; Pub. L. 109–248, title I, § 154(b), July 27, 2006, 120 Stat. 611; Pub. L. 109–295, title VI, § 689b(c), Oct. 4, 2006, 120 Stat. 1450; Pub. L. 115–267, § 2(b), Oct. 11, 2018, 132 Stat. 3757; Pub. L. 115–393, title II, § 202(b), Dec. 21, 2018, 132 Stat. 5268; Pub. L. 118–65, § 2(a), June 17, 2024, 138 Stat. 1439.) Editorial Notes CODIFICATION Section was formerly classified to section 5772 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification. PRIOR PROVISIONS A prior section 403 of Pub. L. 93–415 amended section 3883 of Title 42, The Public Health and Welfare, and was repealed by Pub. L. 95–115, § 10, Oct. 3, 1977, 91 Stat. 1061, and Pub. L. 107–273, div. C, title II, § 12221(a)(4), Nov. 2, 2002, 116 Stat. 1894. AMENDMENTS 2024—Par. (5). Pub. L. 118–65 added par. (5). 2018—Par. (1). Pub. L. 115–267, § 2(b)(1), and Pub. L. 115–393, § 202(b)(1), amended section identically, adding par. (1) and striking out former par. (1) which read as follows: ‘‘the term ‘missing child’ means any individual less than 18 years of age whose whereabouts are un- known to such individual’s legal custodian;’’. Par. (4). Pub. L. 115–267, § 2(b)(2)–(4), and Pub. L. 115–393, § 202(b)(2)–(4), amended section identically, add- ing par. (4). 2006—Par. (1). Pub. L. 109–295, which directed amend- ment of par. (1) by striking out ‘‘or’’ at the end of sub- par. (A), inserting ‘‘or’’ after the semicolon in subpar. (B), and adding after subpar. (B) subpar. (C) ‘‘the indi- vidual is an individual under 21 years of age who is dis- placed from the habitual residence of that individual as a result of an emergency or major disaster (as those terms are defined in section 5122 of this title).’’, could not be executed because of the prior amendment by Pub. L. 109–248, see below. Pub. L. 109–248, which directed amendment of ‘‘Sec- tion 403(1) of the Comprehensive Crime Control Act of 1984 (42 U.S.C. 5772)’’ by substituting a semicolon at end for ‘‘if—’’ through subpar. (B), was executed by sub- stituting a semicolon for ‘‘if—’’and subpars. (A) and (B) Page 286 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 11293 1 So in original. Probably should be ‘‘case.’’ of par. (1) of this section, which is section 403 of the Ju- venile Justice and Delinquency Prevention Act of 1974, Pub. L. 93–415, as added by section 660 of the Com- prehensive Crime Control Act of 1984, to reflect the probable intent of Congress. Prior to amendment, sub- pars. (A) and (B) read as follows: ‘‘(A) the circumstances surrounding such individual’s disappearance indicate that such individual may pos- sibly have been removed by another from the control of such individual’s legal custodian without such custodian’s consent; or ‘‘(B) the circumstances of the case strongly indicate that such individual is likely to be abused or sexually exploited;’’. 1999—Par. (3). Pub. L. 106–71 added par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–267 effective Oct. 11, 2018, and applicable to fiscal years beginning after Sept. 30, 2018, see section 4 of Pub. L. 115–267, set out as a note under section 11291 of this title. § 11293. Duties and functions of the Adminis- trator (a) Description of activities The Administrator shall— (1) issue such rules as the Administrator considers necessary or appropriate to carry out this subchapter; (2) make such arrangements as may be nec- essary and appropriate to facilitate effective coordination among all federally funded pro- grams relating to missing children (including the preparation of an annual comprehensive plan for facilitating such coordination); (3) provide for the furnishing of information derived from the national toll-free hotline, es- tablished under subsection (b)(1), to appro- priate entities; (4) coordinate with the United States Inter- agency Council on Homelessness to ensure that homeless services professionals are aware of educational resources and assistance pro- vided by the Center regarding child sexual ex- ploitation; (5) provide adequate staff and agency re- sources which are necessary to properly carry out the responsibilities pursuant to this sub- chapter; and (6) not later than 180 days after the end of each fiscal year, submit a report to the Presi- dent, Speaker of the House of Representatives, the Committee on Education and the Work- force of the House of Representatives, the President pro tempore of the Senate, and the Committee on the Judiciary of the Senate— (A) containing a comprehensive plan for facilitating cooperation and coordination in the succeeding fiscal year among all agen- cies and organizations with responsibilities related to missing children; (B) identifying and summarizing effective models of Federal, State, and local coordina- tion and cooperation in locating and recov- ering missing children; (C) identifying and summarizing effective program models that provide treatment, counseling, or other aid to parents of miss- ing children or to children who have been the victims of abduction; (D) describing how the Administrator sat- isfied the requirements of paragraph (4) in the preceding fiscal year; (E) describing in detail the number and types of telephone calls received in the pre- ceding fiscal year over the national toll-free hotline established under subsection (b)(1)(A), the number and types of commu- nications referred to the national commu- nications system established under section 11231 of this title, and the number and types of reports to the CyberTipline established under subsection (b)(1)(K)(i); (F) describing in detail the activities in the preceding fiscal year of the national re- source center and clearinghouse established under subsection (b)(2); (G) describing all the programs for which assistance was provided under section 11294 of this title in the preceding fiscal year; (H) summarizing the results of all research completed in the preceding year for which assistance was provided at any time under this subchapter; and (I)(i) identifying each clearinghouse with respect to which assistance is provided under section 11294(a)(9) of this title in the preceding fiscal year; (ii) describing the activities carried out by such clearinghouse in such fiscal year; (iii) specifying the types and amounts of assistance (other than assistance under sec- tion 11294(a)(9) of this title) received by such clearinghouse in such fiscal year; and (iv) specifying the number and types of missing children cases handled (and the number of such cases resolved) by such clearinghouse in such fiscal year and sum- marizing the circumstances of each such cases.1 (b) Annual grant to National Center for Missing and Exploited Children (1) In general The Administrator shall annually make a grant to the Center, which shall be used to— (A)(i) operate a national 24-hour toll-free call center to which individuals may— (I) report child sexual exploitation and the location of any missing child; and (II) request information pertaining to procedures necessary to reunite such child with such child’s parent; (ii) manage the AMBER Alert Secondary Distribution Program; and (iii) coordinate the operation of such hot- line with the operation of the national com- munications system referred to in part C of subchapter III; (B) operate the official national resource center and information clearinghouse for missing and exploited children; (C) provide to State and local govern- ments, public and private nonprofit agen- cies, State and local educational agencies, and individuals, information regarding— (i) free or low-cost legal, food, lodging, and transportation services that are avail-