Title 34 — Crime Control and Law Enforcement
Chapter 401 — Child Abuse Crime Information and Background Checks
§ 40104. Definitions
Statutory text
For the purposes of this chapter—
the term “authorized agency” means a division or office of a State designated by a State to report, receive, or disseminate information under this chapter;
the term “child” means a person who is a child for purposes of the criminal child abuse law of a State;
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;
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;
the term “care” means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities;
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;
the term “individuals with disabilities” means persons with a mental or physical impairment who require assistance to perform one or more daily living tasks;
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;
the term “covered individual” means an individual—
who has, seeks to have, or may have access to children, the elderly, or individuals with disabilities, served by a qualified entity; and
who—
is employed by or volunteers with, or seeks to be employed by or volunteer with, a qualified entity; or
owns or operates, or seeks to own or operate, a qualified entity;
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;
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; and
the term “designated entity” means an entity designated by the Attorney General under section 40102(f)(2)(A) of this title.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
National Child Protection Act of 1993
Pub. L. 103–209 § 5 · 107 Stat. 2490
Enacted · 34 U.S.C. § 40104
Pub. L. 103–209, § 5, Dec. 20, 1993, 107 Stat. 2493
Source evidence
Code source credit
Pub. L. 103–209, § 5, Dec. 20, 1993, 107 Stat. 2493Enacted provision · exact public law section
SEC. 5. DEFINITIONS. For the purposes of this Act— (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 Act; (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 “child care” means the provision of care, treatment, education, training, instruction, supervision, or recreation to children by persons having unsupervised access to a child; (6) 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; (7) 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; (8) the term “qualified entity” means a business or organization, whether public, private, for-profit, not-for-profit, or voluntary, that provides child care or child care placement services, including a business or organization that licenses or certifies others to provide child care or child care placement services; and (9) 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.Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 § 320928(a)(3)(A) · 108 Stat. 1796
Amended · 34 U.S.C. § 40104(5)
Pub. L. 103–322, § 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;”
Source evidence
Code amendment note
Par. (5). Pub. L. 103–322, § 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;”.Enacted provision · exact public law section
(A) by amending paragraph (5) to read as follows: “(5) the term ‘care’ means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities;”; andViolent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 § 320928(j)(2) · 108 Stat. 1796
Redesignated · 34 U.S.C. § 40104(6); 34 U.S.C. § 40104(7)
Pub. L. 103–322, § 320928(j)(2), added pars. (6) and (7). Former pars. (6) and (7) redesignated (8) and (9), respectively
Source evidence
Code amendment note
Pars. (6), (7). Pub. L. 103–322, § 320928(j)(2), added pars. (6) and (7). Former pars. (6) and (7) redesignated (8) and (9), respectively.Enacted provision · exact public law section
(2) by inserting after paragraph (5) the following new paragraphs: “(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;”.Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 § 320928(j)(1) · 108 Stat. 1796
Redesignated · 34 U.S.C. § 40104(8)
Pub. L. 103–322, § 320928(j)(1), redesignated par. (6) as (8). Former par. (8) redesignated (10)
Source evidence
Code amendment note
Par. (8). Pub. L. 103–322, § 320928(j)(1), redesignated par. (6) as (8). Former par. (8) redesignated (10).Enacted provision · exact public law section
(1) by redesignating paragraphs (6), (7), (8), and (9) as paragraphs (8), (9), (10), and (11), respectively; andViolent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 § 320928(a)(3)(B) · 108 Stat. 1796
Substituted · 34 U.S.C. § 40104(8)
Pub. L. 103–322, § 320928(a)(3)(B), substituted “care” for “child care” wherever appearing
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–322, § 320928(a)(3)(B), substituted “care” for “child care” wherever appearing.Enacted provision · exact public law section
(B) in paragraph (8) by striking “child care” each place it appears and inserting “care”.Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 § 320928(j)(1) · 108 Stat. 1796
Redesignated · 34 U.S.C. § 40104(9)(11)
Pub. L. 103–322, § 320928(j)(1), redesignated pars. (7) to (9) as (9) to (11), respectively
Source evidence
Code amendment note
Pars. (9) to (11). Pub. L. 103–322, § 320928(j)(1), redesignated pars. (7) to (9) as (9) to (11), respectively.Enacted provision · exact public law section
(1) by redesignating paragraphs (6), (7), (8), and (9) as paragraphs (8), (9), (10), and (11), respectively; andPub. L. 107–110 § 1075(1) · 115 Stat. 1425
Inserted · 34 U.S.C. § 40104(9)(A)(i)
Pub. L. 107–110, § 1075(1), inserted before semicolon at end “(including an individual who is employed by a school in any capacity, including as a child care provider, a teacher, or another member of school personnel)”
Source evidence
Code amendment note
Par. (9)(A)(i). Pub. L. 107–110, § 1075(1), inserted before semicolon at end “(including an individual who is employed by a school in any capacity, including as a child care provider, a teacher, or another member of school personnel)”.Enacted provision · exact public law section
(1) in subparagraph (A)(i), by inserting “(including an individual who is employed by a school in any capacity, including as a child care provider, a teacher, or another member of school personnel)” before the semicolon at the end; andEffective date note
Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under section 6301 of Title 20, Education.Pub. L. 107–110 § 1075(2) · 115 Stat. 1425
Inserted · 34 U.S.C. § 40104(9)(B)(i)
Pub. L. 107–110, § 1075(2), inserted before semicolon at end “(including an individual who seeks to be employed by a school in any capacity, including as a child care provider, a teacher, or another member of school personnel)”
Source evidence
Code amendment note
Par. (9)(B)(i). Pub. L. 107–110, § 1075(2), inserted before semicolon at end “(including an individual who seeks to be employed by a school in any capacity, including as a child care provider, a teacher, or another member of school personnel)”.Enacted provision · exact public law section
(2) in subparagraph (B)(i), by inserting “(including an individual who seeks to be employed by a school in any capacity, including as a child care provider, a teacher, or another member of school personnel)” before the semicolon at the end.Effective date note
Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under section 6301 of Title 20, Education.Department of Commerce Appropriations Act, 2018
Pub. L. 115–141 § 101(a)(2)(A) · 132 Stat. 348
Amended · 34 U.S.C. § 40104(9)
Pub. L. 115–141, § 101(a)(2)(A), amended par. (9) generally. Prior to amendment, par. (9) defined the term “provider”
Source evidence
Code amendment note
Par. (9). Pub. L. 115–141, § 101(a)(2)(A), amended par. (9) generally. Prior to amendment, par. (9) defined the term “provider”.Enacted provision · exact public law section
Sec. 101. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments not otherwise authorized only upon the certification of officials designated by the Secretary of Commerce that such payments are in the public interest.Department of Commerce Appropriations Act, 2018
Pub. L. 115–141 § 101(a)(2)(B) · 132 Stat. 348
Added · 34 U.S.C. § 40104(12)
Pub. L. 115–141, § 101(a)(2)(B)–(D), added par. (12)
Source evidence
Code amendment note
Par. (12). Pub. L. 115–141, § 101(a)(2)(B)–(D), added par. (12).Enacted provision · exact public law section
Sec. 101. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments not otherwise authorized only upon the certification of officials designated by the Secretary of Commerce that such payments are in the public interest.
10 of 10 references resolved to an enrolled provision
Editorial Notes
Codification
Section was formerly classified to section 5119c of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments1994–2018 · 3 rounds
2018
Par. (9). Pub. L. 115–141, § 101(a)(2)(A), amended par. (9) generally. Prior to amendment, par. (9) defined the term “provider”.
Par. (12). Pub. L. 115–141, § 101(a)(2)(B)–(D), added par. (12).
2002
Par. (9)(A)(i). Pub. L. 107–110, § 1075(1), inserted before semicolon at end “(including an individual who is employed by a school in any capacity, including as a child care provider, a teacher, or another member of school personnel)”.
Par. (9)(B)(i). Pub. L. 107–110, § 1075(2), inserted before semicolon at end “(including an individual who seeks to be employed by a school in any capacity, including as a child care provider, a teacher, or another member of school personnel)”.
1994
Par. (5). Pub. L. 103–322, § 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, § 320928(j)(2), added pars. (6) and (7). Former pars. (6) and (7) redesignated (8) and (9), respectively.
Par. (8). Pub. L. 103–322, § 320928(j)(1), redesignated par. (6) as (8). Former par. (8) redesignated (10).
Pub. L. 103–322, § 320928(a)(3)(B), substituted “care” for “child care” wherever appearing.
Pars. (9) to (11). Pub. L. 103–322, § 320928(j)(1), redesignated pars. (7) to (9) as (9) to (11), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–110 effective , except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under section 6301 of Title 20, Education.
Executive Documents
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.
Credits
1993–2018 · 4 acts
- 1993Pub. L. 103–209, § 5, , 107 Stat. 2493
- 1994Pub. L. 103–322, title XXXII, § 320928(a)(3), (j), , 108 Stat. 2132, 2133
- 2002Pub. L. 107–110, title X, § 1075, , 115 Stat. 2090
- 2018Pub. L. 115–141, div. S, title I, § 101(a)(2), , 132 Stat. 1126.
Show as published
(Pub. L. 103–209, § 5, , 107 Stat. 2493; Pub. L. 103–322, title XXXII, § 320928(a)(3), (j), , 108 Stat. 2132, 2133; Pub. L. 107–110, title X, § 1075, , 115 Stat. 2090; Pub. L. 115–141, div. S, title I, § 101(a)(2), , 132 Stat. 1126.)