
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-110 Section 1075]
[CITE: 42USC5119c]

 
                 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. 5119c. Definitions

    For the purposes of this subchapter--
        (1) the term ``authorized agency'' means a division or office of 
    a State designated by a State to report, receive, or disseminate 
    information under this subchapter;
        (2) the term ``child'' means a person who is a child for 
    purposes of the criminal child abuse law of a State;
        (3) the term ``child abuse crime'' means a crime committed under 
    any law of a State that involves the physical or mental injury, 
    sexual abuse or exploitation, negligent treatment, or maltreatment 
    of a child by any person;
        (4) the term ``child abuse crime information'' means the 
    following facts concerning a person who has been arrested for, or 
    has been convicted of, a child abuse crime: full name, race, sex, 
    date of birth, height, weight, fingerprints, a brief description of 
    the child abuse crime or offenses for which the person has been 
    arrested or has been convicted, the disposition of the charge, and 
    any other information that the Attorney General determines may be 
    useful in identifying persons arrested for, or convicted of, a child 
    abuse crime;
        (5) the term ``care'' means the provision of care, treatment, 
    education, training, instruction, supervision, or recreation to 
    children, the elderly, or individuals with disabilities;
        (6) the term ``identifiable child abuse crime case'' means a 
    case that can be identified by the authorized criminal justice 
    agency of the State as involving a child abuse crime by reference to 
    the statutory citation or descriptive label of the crime as it 
    appears in the criminal history record;
        (7) the term ``individuals with disabilities'' means persons 
    with a mental or physical impairment who require assistance to 
    perform one or more daily living tasks;
        (8) the term ``national criminal history background check 
    system'' means the criminal history record system maintained by the 
    Federal Bureau of Investigation based on fingerprint identification 
    or any other method of positive identification;
        (9) the term ``provider'' means--
            (A) a person who--
                (i) is employed by or volunteers with a qualified 
            entity;
                (ii) who owns or operates a qualified entity; or
                (iii) who has or may have unsupervised access to a child 
            to whom the qualified entity provides child care; and

            (B) a person who--
                (i) seeks to be employed by or volunteer with a 
            qualified entity;
                (ii) seeks to own or operate a qualified entity; or
                (iii) seeks to have or may have unsupervised access to a 
            child to whom the qualified entity provides child care;

        (10) the term ``qualified entity'' means a business or 
    organization, whether public, private, for-profit, not-for-profit, 
    or voluntary, that provides care or care placement services, 
    including a business or organization that licenses or certifies 
    others to provide care or care placement services; and
        (11) the term ``State'' means a State, the District of Columbia, 
    the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, 
    Guam, and the Trust Territories of the Pacific.

(Pub. L. 103-209, Sec. 5, Dec. 20, 1993, 107 Stat. 2493; Pub. L. 103-
322, title XXXII, Sec. 320928(a)(3), (j), Sept. 13, 1994, 108 Stat. 
2132, 2133.)


                               Amendments

    1994--Par. (5). Pub. L. 103-322, Sec. 320928(a)(3)(A), amended par. 
(5) generally. Prior to amendment, par. (5) read as follows: ``the term 
`child care' means the provision of care, treatment, education, 
training, instruction, supervision, or recreation to children by persons 
having unsupervised access to a child;''.
    Pars. (6), (7). Pub. L. 103-322, Sec. 320928(j)(2), added pars. (6) 
and (7). Former pars. (6) and (7) redesignated (8) and (9), 
respectively.
    Par. (8). Pub. L. 103-322, Sec. 320928(j)(1), redesignated par. (6) 
as (8). Former par. (8) redesignated (10).
    Pub. L. 103-322, Sec. 320928(a)(3)(B), substituted ``care'' for 
``child care'' wherever appearing.
    Pars. (9) to (11). Pub. L. 103-322, Sec. 320928(j)(1), redesignated 
pars. (7) to (9) as (9) to (11), respectively.

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.
