
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5119]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 67--CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM
 
   SUBCHAPTER VI--CHILD ABUSE CRIME INFORMATION AND BACKGROUND CHECKS
 
Sec. 5119. Reporting child abuse crime information


(a) In general

    In each State, an authorized criminal justice agency of the State 
shall report child abuse crime information to, or index child abuse 
crime information in, the national criminal history background check 
system. A criminal justice agency may satisfy the requirement of this 
subsection by reporting or indexing all felony and serious misdemeanor 
arrests and dispositions.

(b) Provision of State child abuse crime records through national 
        criminal history background check system

    (1) Not later than 180 days after December 20, 1993, the Attorney 
General shall, subject to availability of appropriations--
        (A) investigate the criminal history records system of each 
    State and determine for each State a timetable by which the State 
    should be able to provide child abuse crime records on an on-line 
    basis through the national criminal history background check system;
        (B) in consultation with State officials, establish guidelines 
    for the reporting or indexing of child abuse crime information, 
    including guidelines relating to the format, content, and accuracy 
    of criminal history records and other procedures for carrying out 
    this subchapter; and
        (C) notify each State of the determinations made pursuant to 
    subparagraphs (A) and (B).

    (2) The Attorney General shall require as a part of each State 
timetable that the State--
        (A) by not later than the date that is 5 years after December 
    20, 1993, have in a computerized criminal history file at least 80 
    percent of the final dispositions that have been rendered in all 
    identifiable child abuse crime cases in which there has been an 
    event of activity within the last 5 years;
        (B) continue to maintain a reporting rate of at least 80 percent 
    for final dispositions in all identifiable child abuse crime cases 
    in which there has been an event of activity within the preceding 5 
    years; and
        (C) take steps to achieve 100 percent disposition reporting, 
    including data quality audits and periodic notices to criminal 
    justice agencies identifying records that lack final dispositions 
    and requesting those dispositions.

(c) Liaison

    An authorized agency of a State shall maintain close liaison with 
the National Center on Child Abuse and Neglect, the National Center for 
Missing and Exploited Children, and the National Center for the 
Prosecution of Child Abuse for the exchange of technical assistance in 
cases of child abuse.

(d) Annual summary

    (1) The Attorney General shall publish an annual statistical summary 
of child abuse crimes.
    (2) The annual statistical summary described in paragraph (1) shall 
not contain any information that may reveal the identity of any 
particular victim or alleged violator.

(e) Annual report

    The Attorney General shall, subject to the availability of 
appropriations, publish an annual summary of each State's progress in 
reporting child abuse crime information to the national criminal history 
background check system.

(f) Study of child abuse offenders

    (1) Not later than 180 days after December 20, 1993, the 
Administrator of the Office of Juvenile Justice and Delinquency 
Prevention shall begin a study based on a statistically significant 
sample of convicted child abuse offenders and other relevant information 
to determine--
        (A) the percentage of convicted child abuse offenders who have 
    more than 1 conviction for an offense involving child abuse;
        (B) the percentage of convicted child abuse offenders who have 
    been convicted of an offense involving child abuse in more than 1 
    State; and
        (C) the extent to which and the manner in which instances of 
    child abuse form a basis for convictions for crimes other than child 
    abuse crimes.

    (2) Not later than 2 years after December 20, 1993, the 
Administrator shall submit a report to the Chairman of the Committee on 
the Judiciary of the Senate and the Chairman of the Committee on the 
Judiciary of the House of Representatives containing a description of 
and a summary of the results of the study conducted pursuant to 
paragraph (1).

(Pub. L. 103-209, Sec. 2, Dec. 20, 1993, 107 Stat. 2490; Pub. L. 103-
322, title XXXII, Sec. 320928(b), (h), (i), Sept. 13, 1994, 108 Stat. 
2132, 2133.)

                       References in Text

    This subchapter, referred to in subsec. (b)(1)(B), was in the 
original ``this Act'', meaning Pub. L. 103-209, Dec. 20, 1993, 107 Stat. 
2490, which is classified generally to this subchapter. For complete 
classification of this Act to the Code, see Short Title of 1993 
Amendment note set out under section 5101 of this title and Tables.


                               Amendments

    1994--Subsec. (a). Pub. L. 103-322, Sec. 320928(b), inserted at end 
``A criminal justice agency may satisfy the requirement of this 
subsection by reporting or indexing all felony and serious misdemeanor 
arrests and dispositions.''
    Subsec. (b)(2)(A). Pub. L. 103-322, Sec. 320928(i), substituted ``5 
years after'' for ``3 years after''.
    Subsec. (f)(2). Pub. L. 103-322, Sec. 320928(h), substituted ``2 
years'' for ``1 year''.


 Guidelines for Adoption of Safeguards by Care Providers and States for 
Protecting Children, the Elderly, or Individuals With Disabilities From 
                                  Abuse

    Section 320928(g) of Pub. L. 103-322 provided that:
    ``(1) In general.--The Attorney General, in consultation with 
Federal, State, and local officials, including officials responsible for 
criminal history record systems, and representatives of public and 
private care organizations and health, legal, and social welfare 
organizations, shall develop guidelines for the adoption of appropriate 
safeguards by care providers and by States for protecting children, the 
elderly, or individuals with disabilities from abuse.
    ``(2) Matters to be addressed.--In developing guidelines under 
paragraph (1), the Attorney General shall address the availability, 
cost, timeliness, and effectiveness of criminal history background 
checks and recommend measures to ensure that fees for background checks 
do not discourage volunteers from participating in care programs.
    ``(3) Dissemination.--The Attorney General shall, subject to the 
availability of appropriations, disseminate the guidelines to State and 
local officials and to public and private care providers.''
