--- kind: "section" citation: "34 U.S.C. § 40101" title: "34" title_heading: "Crime Control and Law Enforcement" number: "40101" heading: "Reporting child abuse crime information" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/34/40101" units: - "Subtitle IV — Criminal Records and Information" - "Chapter 401 — Child Abuse Crime Information and Background Checks" --- # §40101. Reporting child abuse crime information - (a) **In general—** In each [State](/usc/34/40104.md?p=11), an authorized criminal justice agency of the [State](/usc/34/40104.md?p=11) shall report [child abuse crime information](/usc/34/40104.md?p=4) to, or index [child abuse crime information](/usc/34/40104.md?p=4) in, the [national criminal history background check system](/usc/34/40104.md?p=8). 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](/usc/34/40104.md?p=11) and determine for each [State](/usc/34/40104.md?p=11) a timetable by which the [State](/usc/34/40104.md?p=11) should be able to provide [child abuse crime](/usc/34/40104.md?p=3) records on an on-line basis through the [national criminal history background check system](/usc/34/40104.md?p=8); - (B) in consultation with [State](/usc/34/40104.md?p=11) officials, establish guidelines for the reporting or indexing of [child abuse crime information](/usc/34/40104.md?p=4), including guidelines relating to the format, content, and accuracy of criminal history records and other procedures for carrying out this chapter; and - (C) notify each [State](/usc/34/40104.md?p=11) of the determinations made pursuant to subparagraphs [(A)](#b-1-A) and [(B)](#b-1-B). - (2) The Attorney General shall require as a part of each [State](/usc/34/40104.md?p=11) timetable that the [State](/usc/34/40104.md?p=11)— - (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](/usc/34/40104.md?p=6) 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](/usc/34/40104.md?p=6) 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](/usc/34/40104.md?p=1) of a [State](/usc/34/40104.md?p=11) shall maintain close liaison with the National Center on [Child](/usc/34/40104.md?p=2) Abuse and Neglect, the National Center for Missing and Exploited Children, and the National Center for the Prosecution of [Child](/usc/34/40104.md?p=2) Abuse for the exchange of technical assistance in cases of [child](/usc/34/40104.md?p=2) abuse. - (d) **Annual summary—** - (1) The Attorney General shall publish an annual statistical summary of [child abuse crimes](/usc/34/40104.md?p=3). - (2) The annual statistical summary described in [paragraph (1)](#d-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](/usc/34/40104.md?p=11)’s progress in reporting [child abuse crime information](/usc/34/40104.md?p=4) to the [national criminal history background check system](/usc/34/40104.md?p=8). - (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](/usc/34/40104.md?p=2) abuse offenders and other relevant information to determine— - (A) the percentage of convicted [child](/usc/34/40104.md?p=2) abuse offenders who have more than 1 conviction for an offense involving [child](/usc/34/40104.md?p=2) abuse; - (B) the percentage of convicted [child](/usc/34/40104.md?p=2) abuse offenders who have been convicted of an offense involving [child](/usc/34/40104.md?p=2) abuse in more than 1 [State](/usc/34/40104.md?p=11); and - (C) the extent to which and the manner in which instances of [child](/usc/34/40104.md?p=2) abuse form a basis for convictions for crimes other than [child abuse crimes](/usc/34/40104.md?p=3). - (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)](#f-1). ## Source credit (Pub. L. 103–209, § 2, Dec. 20, 1993, 107 Stat. 2490; Pub. L. 103–322, title XXXII, § 320928(b), (h), (i), Sept. 13, 1994, 108 Stat. 2132, 2133.) ## Notes ### Editorial Notes ### Codification Section was formerly classified to section 5119 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. ### Amendments 1994—Subsec. (a). Pub. L. 103–322, § 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, § 320928(i), substituted “5 years after” for “3 years after”. Subsec. (f)(2). Pub. L. 103–322, § 320928(h), substituted “2 years” for “1 year”. ### Statutory Notes and Related Subsidiaries ### Guidelines for Adoption of Safeguards by Care Providers and States for Protecting Children, the Elderly, or Individuals With Disabilities From Abuse Pub. L. 103–322, title XXXII, § 320928(g), Sept. 13, 1994, 108 Stat. 2132, provided that: 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. 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. 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.”