Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
type: "LegalText"
title: "34 U.S.C. § 20301"
description: "Findings"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
chapter_number: "203"
chapter_name: "VICTIMS OF CHILD ABUSE"
section: "20301"
citation: "34 U.S.C. § 20301"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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---
# 34 U.S.C. § 20301 - Findings
## Text
The Congress finds that—
(1) over 3,400,000 reports of suspected child abuse and neglect are made each year;
(2) the investigation and prosecution of child abuse cases is extremely complex, involving numerous agencies and dozens of personnel;
(3) a key to a child victim healing from abuse is access to supportive and healthy families and communities;
(4) traditionally, community agencies and professionals have different roles in the prevention, investigation, and intervention process;
(5) in such cases, too often the system does not pay sufficient attention to the needs and welfare of the child victim, aggravating the trauma that the child victim has already experienced;
(6) there is a national need to enhance coordination among community agencies and professionals involved in the intervention system;
(7) multidisciplinary child abuse investigation and prosecution programs have been developed that increase the reporting of child abuse cases, reduce the trauma to the child victim, improve positive outcomes for the child, and increase the successful prosecution of child abuse offenders;
(8) such programs have proven effective, and with targeted Federal assistance, have expanded dramatically throughout the United States; and
(9) State chapters of childrens advocacy center networks are needed to—
(A) assist local communities in coordinating their multidisciplinary child abuse investigation, prosecution, and intervention services; and
(B) provide oversight of, and training and technical assistance in, the effective delivery of evidence-informed programming, and operations of centers.
(Pub. L. 101647, title II, § 211, Nov. 29, 1990, 104 Stat. 4792; Pub. L. 102586, § 6(a), Nov. 4, 1992, 106 Stat. 5029; Pub. L. 115424, § 2(a), Jan. 7, 2019, 132 Stat. 5465; Pub. L. 117354, § 3(1), Jan. 5, 2023, 136 Stat. 6274.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13001 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2023—Par. (1). Pub. L. 117354, § 3(1)(A), substituted “3,400,000” for “3,300,000” and struck out “, and drug abuse is associated with a significant portion of these” after “year”. Pars. (3) to (9). Pub. L. 117354, § 3(1)(B), (C), added par. (3) and redesignated former pars. (3) to (8) as (4) to (9), respectively. Par. (9)(B). Pub. L. 117354, § 3(1)(D), inserted “, and operations of centers” after “programming”. 2019—Par. (1). Pub. L. 115424, § 2(a)(1), substituted “3,300,000” for “2,000,000”. Par. (6). Pub. L. 115424, § 2(a)(2), inserted “improve positive outcomes for the child,” before “and increase” and substituted semicolon for “; and” at end. Par. (7). Pub. L. 115424, § 2(a)(3), substituted “have expanded dramatically throughout the United States; and” for “could be duplicated in many jurisdictions throughout the country.” Par. (8). Pub. L. 115424, § 2(a)(4), added par. (8). 1992—Pars. (3) to (7). Pub. L. 102586 added pars. (3) and (5) and redesignated former pars. (3), (4), and (5) as (4), (6), and (7), respectively.
@@ -0,0 +1,61 @@
---
type: "LegalText"
title: "34 U.S.C. § 20302"
description: "Definitions"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
chapter_number: "203"
chapter_name: "VICTIMS OF CHILD ABUSE"
section: "20302"
citation: "34 U.S.C. § 20302"
status: "current"
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release_date: "2026-06-26"
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---
# 34 U.S.C. § 20302 - Definitions
## Text
For purposes of this subchapter—
(1) the term “Administrator” means the agency head designated under section 11111(b) of this title;
(2) the term “applicant” means a child protective service, law enforcement, legal, medical and mental health agency or other agency that responds to child abuse cases;
(3) the term “census region” means 1 of the 4 census regions (northeast, south, midwest, and west) that are designated as census regions by the Bureau of the Census as of November 4, 1992;
(4) the term “child abuse” means physical or sexual abuse or neglect of a child, including human trafficking and the production of child pornography;
(5) the term “multidisciplinary response to child abuse” means a coordinated team response to child abuse that is based on mutually agreed upon procedures among the community agencies and professionals involved in the intervention, prevention, prosecution, and investigation systems that best meets the needs of child victims and their nonoffending family members;
(6) the term “nonoffending family member” means a member of the family of a victim of child abuse other than a member who has been convicted or accused of committing an act of child abuse;
(7) the term “regional childrens advocacy program” means the childrens advocacy program established under section 20303(a) of this title; and
(8) the term “State chapter” means a membership organization that provides technical assistance, training, coordination, grant administration, oversight, and organizational capacity support to local childrens advocacy centers, multidisciplinary teams, and communities working to implement a multidisciplinary response to child abuse in the provision of evidence-informed initiatives, including mental health counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy.
(Pub. L. 101647, title II, § 212, as added Pub. L. 102586, § 6(b)(2), Nov. 4, 1992, 106 Stat. 5029; amended Pub. L. 11422, title I, § 104(1), May 29, 2015, 129 Stat. 236; Pub. L. 115424, § 2(b), (h)(1), Jan. 7, 2019, 132 Stat. 5465, 5470; Pub. L. 117354, § 3(2), Jan. 5, 2023, 136 Stat. 6274.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13001a of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 212 of Pub. L. 101647 was renumbered section 214 and is classified to section 20304 of this title.
Amendments2023—Par. (5). Pub. L. 117354, § 3(2)(A), which directed insertion of “coordinated team” before “response”, was executed by making the insertion before “response” the second time appearing, to reflect the probable intent of Congress. Par. (8). Pub. L. 117354, § 3(2)(B), inserted “organizational capacity” before “support”. 2019—Par. (1). Pub. L. 115424, § 2(h)(1), made technical amendment to reference in original act which appears in text as reference to section 11111(b) of this title. Pars. (3) to (9). Pub. L. 115424, § 2(b), redesignated pars. (4), (5), and (7) to (9) as (3) to (7), respectively, added par. (8), and struck out former pars. (3) and (6) which defined the terms “board” and “Director”, respectively. 2015—Par. (5). Pub. L. 11422 inserted “, including human trafficking and the production of child pornography” before semicolon at end.
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---
type: "LegalText"
title: "34 U.S.C. § 20305"
description: "Grants for specialized technical assistance and training programs"
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title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
chapter_number: "203"
chapter_name: "VICTIMS OF CHILD ABUSE"
section: "20305"
citation: "34 U.S.C. § 20305"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
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---
# 34 U.S.C. § 20305 - Grants for specialized technical assistance and training programs
## Text
(a) In general The Administrator shall make grants to national organizations to provide technical assistance and training to—
(1) prosecutors and other attorneys and allied professionals instrumental to the criminal prosecution of child abuse cases in State or Federal courts, for the purpose of improving the quality of criminal prosecution of such cases; and
(2) child abuse professionals instrumental to the protection of children, intervention in child abuse cases, and treatment of victims of child abuse, for the purpose of—
(A) improving the quality of such protection, intervention, and treatment; and
(B) promoting the effective delivery of the evidence-informed Childrens Advocacy Center Model and the multidisciplinary response to child abuse, including best practices in programmatic evaluation and financial oversight of Federal funding.
(b) Grantee organizations (1) Prosecutors An organization to which a grant is made for specific training and technical assistance for prosecutors under subsection (a)(1) shall be one that has—
(A) a significant connection to prosecutors who handle child abuse cases in State courts, such as a membership organization or support service providers; and
(B) demonstrated experience in providing training and technical assistance for prosecutors.
(2) Child abuse professionals An organization to which a grant is made for specific training and technical assistance for child abuse professionals under subsection (a)(2) shall be one that has—
(A) a diverse portfolio of training and technical resources for the diverse professionals responding to child abuse, including a digital library to promote evidence-informed practice; and
(B) demonstrated experience in providing training and technical assistance for child abuse professionals, especially law enforcement officers, child protective service workers, prosecutors, forensic interviewers, medical professionals, victim advocates, and mental health professionals.
(c) Grant criteria (1) The Administrator shall establish the criteria to be used for evaluating applications for grants under this section, consistent with sections 11183 and 11186 of this title.
(2) The grant criteria established pursuant to paragraph (1) shall require, in the case of a grant made under subsection (a)(1), that a program provide training and technical assistance that includes information regarding improved child interview techniques, thorough investigative methods, interagency coordination and effective presentation of evidence in court, including the use of alternative courtroom procedures described in this title.11 See References in Text note below.
(Pub. L. 101647, title II, § 214A, formerly § 213, Nov. 29, 1990, 104 Stat. 4793; renumbered § 214A and amended Pub. L. 102586, § 6(b)(1), (d), Nov. 4, 1992, 106 Stat. 5029, 5034; Pub. L. 107273, div. C, title II, § 12221(b)(1)(B), Nov. 2, 2002, 116 Stat. 1894; Pub. L. 115424, § 2(e), (h)(3), Jan. 7, 2019, 132 Stat. 5469, 5470; Pub. L. 117354, § 3(5), Jan. 5, 2023, 136 Stat. 6276.)
## Notes
Editorial Notes
References in TextThis title, referred to in subsec. (c)(2), means title II of Pub. L. 101647, known as the Victims of Child Abuse Act of 1990, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title of 1990 Act note set out under section 10101 of this title and Tables.
Codification Section was formerly classified to section 13003 of Title 42, The Public Health and Welfare, prior to editorial 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.
Amendments2023—Subsec. (a)(1). Pub. L. 117354, § 3(5)(A)(i), substituted “prosecutors and other attorneys and allied” for “attorneys and other allied”. Subsec. (a)(2)(B). Pub. L. 117354, § 3(5)(A)(ii), inserted “Center” after “Advocacy”. Subsec. (b)(1)(A). Pub. L. 117354, § 3(5)(B), added subpar. (A) and struck out former subpar. (A) which read as follows: “a broad representation of attorneys who prosecute criminal cases in State courts; and”. 2019—Subsec. (a). Pub. L. 115424, § 2(e)(1), substituted “to—” and pars. (1) and (2) for “to attorneys and others instrumental to the criminal prosecution of child abuse cases in State or Federal courts, for the purpose of improving the quality of criminal prosecution of such cases.” Subsec. (b). Pub. L. 115424, § 2(e)(2), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “An organization to which a grant is made pursuant to subsection (a) shall be one that has, or is affiliated with one that has, broad membership among attorneys who prosecute criminal cases in State courts and has demonstrated experience in providing training and technical assistance for prosecutors.” Subsec. (c)(1). Pub. L. 115424, § 2(h)(3), made technical amendment to reference in original act which appears in text as reference to sections 11183 and 11186 of this title. Subsec. (c)(2). Pub. L. 115424, § 2(e)(3), inserted “, in the case of a grant made under subsection (a)(1),” after “shall require”. 2002—Subsec. (c)(1). Pub. L. 107273 substituted “sections 5673 and 5676 of this title” for “sections 5665a, 5673, and 5676 of this title”. 1992—Subsecs. (a), (c)(1). Pub. L. 102586, § 6(d), substituted “Administrator” for “Director”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107273 effective on the first day of the first fiscal year that begins after Nov. 2, 2002, and applicable only with respect to fiscal years beginning on or after the first day of the first fiscal year that begins after Nov. 2, 2002, see section 12223 of Pub. L. 107273, as amended, set out as a note under section 11101 of this title.
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---
# 34 U.S.C. § 20306 - Authorization of appropriations
## Text
There are authorized to be appropriated to carry out sections 20303, 20304, and 20305 of this title, $40,000,000 for each of fiscal years 2022 through 2028.
(Pub. L. 101647, title II, § 214B, as added Pub. L. 117354, § 3(6), Jan. 5, 2023, 136 Stat. 6277.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 20306, Pub. L. 101647, title II, § 214B, formerly § 214, Nov. 29, 1990, 104 Stat. 4794; renumbered § 214B and amended Pub. L. 102586, § 6(b)(1), (e), Nov. 4, 1992, 106 Stat. 5029, 5034; Pub. L. 104235, title II, § 232, Oct. 3, 1996, 110 Stat. 3092; Pub. L. 10821, title III, § 381(b), Apr. 30, 2003, 117 Stat. 667; Pub. L. 113163, § 2(a), Aug. 8, 2014, 128 Stat. 1864; Pub. L. 115424, § 2(f), Jan. 7, 2019, 132 Stat. 5469, which authorized appropriations for sections 20303, 20304, and 20305 of this title for fiscal years 2019 through 2023, was repealed by Pub. L. 117354, § 3(6), Jan. 5, 2023, 136 Stat. 6277.
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# 34 U.S.C. § 20307 - Accountability
## Text
(a) In general All grants awarded by the Administrator under this subchapter shall be subject to the following accountability provisions:
(1) Audit requirement (A) Definition In this paragraph, the term “unresolved audit finding” means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued and any appeal has been completed.
(B) Audit The Inspector General of the Department of Justice shall conduct audits of recipients of grants under this subchapter to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year.
(C) Mandatory exclusion A recipient of grant funds under this subchapter that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this subchapter during the following 2 fiscal years.
(D) Priority In awarding grants under this subchapter, the Administrator shall give priority to eligible entities that did not have an unresolved audit finding during the 3 fiscal years prior to submitting an application for a grant under this subchapter.
(E) Reimbursement If an entity is awarded grant funds under this subchapter during the 2-fiscal-year period in which the entity is barred from receiving grants under paragraph (2), the Administrator shall—
(i) deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and
(ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds.
(2) Nonprofit organization requirements (A) Definition For purposes of this paragraph, the term “nonprofit organization” means an organization that is described in section 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of such title.
(B) Prohibition The Administrator may not award a grant under any grant program described in this subchapter to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of title 26.
(C) Disclosure Each nonprofit organization that is awarded a grant under this subchapter and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees, shall disclose to the Administrator, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Administrator shall make the information disclosed under this subparagraph available for public inspection.
(3) Conference expenditures (A) Limitation No amounts authorized to be appropriated to the Department of Justice under this subchapter may be used by the Administrator, or by any individual or organization awarded discretionary funds through a cooperative agreement under this Act, to host or support any expenditure for conferences that uses more than $20,000 in Department funds, unless the Deputy Attorney General or such Assistant Attorney Generals, Directors, or principal deputies as the Deputy Attorney General may designate, including the Administrator, provides prior written authorization through an award process or subsequent application that the funds may be expended to host a conference.
(B) Written approval Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audiovisual equipment, honoraria for speakers, and any entertainment.
(C) Report The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all approved conference expenditures referenced in this paragraph.
(b) Reporting Not later than March 1 of each year, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that—
(1) summarizes the efforts of the Administrator to monitor and evaluate the regional childrens advocacy program activities under section 20303(d) of this title;
(2) describes—
(A) the method by which amounts are allocated to grantees and subgrantees under this subchapter, including to local childrens advocacy centers, State chapters, and regional childrens advocacy program centers; and
(B) steps the Attorney General has taken to minimize duplication and overlap in the awarding of amounts under this subchapter; and
(3) analyzes the extent to which both rural and urban populations are served under the regional childrens advocacy program.
(Pub. L. 101647, title II, § 214C, as added Pub. L. 113163, § 2(b), Aug. 8, 2014, 128 Stat. 1864; amended Pub. L. 115424, § 2(g), Jan. 7, 2019, 132 Stat. 5469.)
## Notes
Editorial Notes
References in TextThis Act, referred to in subsec. (a)(3)(A), probably means the Victims of Child Abuse Act of 1990, title II of Pub. L. 101647, Nov. 29, 1990, 104 Stat. 4792, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title of 1990 Act note set out under section 10101 of this title and Tables.
Codification Section was formerly classified to section 13005 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2019—Pub. L. 115424 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
@@ -0,0 +1,47 @@
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title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
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chapter_name: "VICTIMS OF CHILD ABUSE"
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citation: "34 U.S.C. § 20321"
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---
# 34 U.S.C. § 20321 - Findings
## Text
The Congress finds that—
(1) Court Appointed Special Advocates, who may serve as guardians ad litem, are trained volunteers appointed by courts to advocate for the best interests of children who are involved in the juvenile and family court system due to abuse or neglect; and
(2) in 2003, Court Appointed Special Advocate volunteers represented 288,000 children, more than 50 percent of the estimated 540,000 children in foster care because of substantiated cases of child abuse or neglect.
(Pub. L. 101647, title II, § 215, Nov. 29, 1990, 104 Stat. 4794; Pub. L. 109162, title I, § 112(a), Jan. 5, 2006, 119 Stat. 2985.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13011 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2006—Pars. (1), (2). Pub. L. 109162 added pars. (1) and (2) and struck out former pars. (1) and (2), which read as follows: “(1) the National Court-Appointed Special Advocate provides training and technical assistance to a network of 13,000 volunteers in 377 programs operating in 47 States; and “(2) in 1988, these volunteers represented 40,000 children, representing approximately 15 percent of the estimated 270,000 cases of child abuse and neglect in juvenile and family courts.”
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# 34 U.S.C. § 20322 - Purpose
## Text
The purpose of this subchapter is to ensure that by January 1, 2015, a court-appointed special advocate shall be available to every victim of child abuse or neglect in the United States that needs such an advocate.
(Pub. L. 101647, title II, § 216, Nov. 29, 1990, 104 Stat. 4794; Pub. L. 103322, title IV, § 40156(a)(2), Sept. 13, 1994, 108 Stat. 1923; Pub. L. 109162, title I, § 112(b), Jan. 5, 2006, 119 Stat. 2986; Pub. L. 1134, title I, § 106(1), Mar. 7, 2013, 127 Stat. 77.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13012 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2013—Pub. L. 1134 substituted “January 1, 2015” for “January 1, 2010”. 2006—Pub. L. 109162 substituted “January 1, 2010” for “January 1, 1995”. 1994—Pub. L. 103322 made technical amendment to reference to this subchapter to correct reference to corresponding provision of original act.
Statutory Notes and Related Subsidiaries
Effective Date of 2013 AmendmentAmendment by Pub. L. 1134 not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of Pub. L. 1134, set out as a note under section 2261 of Title 18, Crimes and Criminal Procedure.
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# 34 U.S.C. § 20323 - Strengthening of court-appointed special advocate program
## Text
(a) In general The Administrator of the Office of Juvenile Justice and Delinquency Prevention shall make grants to initiate, sustain, and expand the court-appointed special advocate program.
(b) Grantee organizations (1) An organization to which a grant is made pursuant to subsection (a)—
(A) shall be a national organization that has broad membership among court-appointed special advocates and has demonstrated experience in grant administration of court-appointed special advocate programs and in providing training and technical assistance to court-appointed special advocate program; or
(B) may be a local public or not-for-profit agency that has demonstrated the willingness to initiate, sustain, and expand a court-appointed special advocate program.
(2) An organization described in paragraph (1)(A) that receives a grant may be authorized to make subgrants and enter into contracts with public and not-for-profit agencies to initiate, sustain, and expand the court-appointed special advocate program. Should a grant be made to a national organization for this purpose, the Administrator shall specify an amount not exceeding 5 percent that can be used for administrative purposes by the national organization.
(c) Grant criteria (1) The Administrator shall establish criteria to be used in evaluating applications for grants under this section, consistent with sections 11183 and 11186 of this title.
(2) In general, the grant criteria established pursuant to paragraph (1) shall require that a court-appointed special advocate program provide screening, training, and supervision of court-appointed special advocates in accordance with standards developed by the National Court-Appointed Special Advocate Association. Such criteria may include the requirements that—
(A) a court-appointed special advocate association program have a mission and purpose in keeping with the mission and purpose of the National Court-Appointed Special Advocate Association and that it abide by the National Court-Appointed Special Advocate Association Standards for Programs;
(B) a court-appointed special advocate association program operate with access to legal counsel;
(C) the management and operation of a court-appointed special advocate program assure adequate supervision of court-appointed special advocate volunteers;
(D) a court-appointed special advocate program keep written records on the operation of the program in general and on each applicant, volunteer, and case;
(E) a court-appointed special advocate program have written management and personnel policies and procedures, screening requirements, and training curriculum;
(F) a court-appointed special advocate program not accept volunteers who have been convicted of, have charges pending for, or have in the past been charged with, a felony or misdemeanor involving a sex offense, violent act, child abuse or neglect, or related acts that would pose risks to children or to the court-appointed special advocate programs credibility;
(G) a court-appointed special advocate program have an established procedure to allow the immediate reporting to a court or appropriate agency of a situation in which a court-appointed special advocate volunteer has reason to believe that a child is in imminent danger;
(H) a court-appointed special advocate volunteer be an individual who has been screened and trained by a recognized court-appointed special advocate program and appointed by the court to advocate for children who come into the court system primarily as a result of abuse or neglect; and
(I) a court-appointed special advocate volunteer serve the function of reviewing records, facilitating prompt, thorough review of cases, and interviewing appropriate parties in order to make recommendations on what would be in the best interests of the child.
(3) In awarding grants under this section, the Administrator shall ensure that grants are distributed to localities that have no existing court-appointed special advocate program and to programs in need of expansion.
(d) Background checks State and local Court Appointed Special Advocate programs are authorized to request fingerprint-based criminal background checks from the Federal Bureau of Investigations criminal history database for prospective volunteers. The requesting program is responsible for the reasonable costs associated with the Federal records check.
(e) Reporting An organization that receives a grant under this section for a fiscal year shall submit to the Administrator a report regarding the use of the grant for the fiscal year, including a discussion of outcome performance measures (which shall be established by the Administrator) to determine the effectiveness of the programs of the organization in meeting the needs of children in the child welfare system.
(Pub. L. 101647, title II, § 217, Nov. 29, 1990, 104 Stat. 4794; Pub. L. 107273, div. C, title II, § 12221(b)(1)(C), Nov. 2, 2002, 116 Stat. 1894; Pub. L. 109162, title I, § 112(c), Jan. 5, 2006, 119 Stat. 2986; Pub. L. 1134, title I, § 106(2), Mar. 7, 2013, 127 Stat. 77; Pub. L. 115424, § 2(h)(4), Jan. 7, 2019, 132 Stat. 5470.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13013 of Title 42, The Public Health and Welfare, prior to editorial 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.
Amendments2019—Subsec. (c)(1). Pub. L. 115424 made technical amendment to reference in original act which appears in text as reference to sections 11183 and 11186 of this title. 2013—Subsec. (c)(2)(A). Pub. L. 1134, § 106(2)(A), substituted “Standards for Programs” for “Code of Ethics”. Subsec. (e). Pub. L. 1134, § 106(2)(B), added subsec. (e). 2006—Subsec. (a). Pub. L. 109162, § 112(c)(1), substituted “to initiate, sustain, and expand” for “to expand”. Subsec. (b)(1). Pub. L. 109162, § 112(c)(2)(A), substituted “subsection (a)—” for “subsection (a)”, inserted subpar. (A) designation before “shall be”, and substituted “(B) may be” for “(2) may be” and “to initiate, sustain, and expand” for “to initiate or expand”. Subsec. (b)(2). Pub. L. 109162, § 112(c)(2)(B), substituted “(1)(A)” for “(1)(a)” and “to initiate, sustain, and expand” for “to initiate and to expand”. Subsec. (d). Pub. L. 109162, § 112(c)(3), added subsec. (d). 2002—Subsec. (c)(1). Pub. L. 107273 substituted “sections 5673 and 5676 of this title” for “sections 5665a, 5673, and 5676 of this title”.
Statutory Notes and Related Subsidiaries
Effective Date of 2013 AmendmentAmendment by Pub. L. 1134 not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of Pub. L. 1134, set out as a note under section 2261 of Title 18, Crimes and Criminal Procedure.
Effective Date of 2002 AmendmentAmendment by Pub. L. 107273 effective on the first day of the first fiscal year that begins after Nov. 2, 2002, and applicable only with respect to fiscal years beginning on or after the first day of the first fiscal year that begins after Nov. 2, 2002, see section 12223 of Pub. L. 107273, as amended, set out as a note under section 11101 of this title.
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# 34 U.S.C. § 20324 - Authorization of appropriations
## Text
(a) Authorization There is authorized to be appropriated to carry out this subchapter $12,000,000 for each of fiscal years 2023 through 2027.
(b) Limitation No funds are authorized to be appropriated for a fiscal year to carry out this subchapter unless the aggregate amount appropriated to carry out title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) 11 See References in Text note below. for such fiscal year is not less than the aggregate amount appropriated to carry out such title for the preceding fiscal year.
(c) Prohibition on lobbying No funds authorized under this subchapter may be used for lobbying activities in contravention of OMB Circular No. A122.
(Pub. L. 101647, title II, § 219, formerly § 218, Nov. 29, 1990, 104 Stat. 4796; Pub. L. 103322, title IV, § 40156(a)(1), Sept. 13, 1994, 108 Stat. 1922; Pub. L. 106386, div. B, title III, § 1302(a), Oct. 28, 2000, 114 Stat. 1511; renumbered § 219 and amended Pub. L. 109162, title I, § 112(d)(1), (e), Jan. 5, 2006, 119 Stat. 2986; Pub. L. 1134, title I, § 106(3), Mar. 7, 2013, 127 Stat. 77; Pub. L. 117103, div. W, title XIII, § 1305, Mar. 15, 2022, 136 Stat. 928.)
## Notes
Editorial Notes
References in TextThe Juvenile Justice and Delinquency Prevention Act of 1974, referred to in subsec. (b), is Pub. L. 93415, Sept. 7, 1974, 88 Stat. 1109. Title II of the Act was classified principally to subchapter II (§ 5611 et seq.) of chapter 72 of Title 42, The Public Health and Welfare, prior to editorial reclassification as subchapter II (§ 11111 et seq.) of chapter 111 of this title. For complete classification of this Act to the Code, see Tables.
Codification Section was formerly classified to section 13014 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2022—Subsec. (a). Pub. L. 117103 substituted “2023 through 2027” for “2014 through 2018”. 2013—Subsec. (a). Pub. L. 1134 substituted “fiscal years 2014 through 2018” for “fiscal years 2007 through 2011”. 2006—Subsec. (a). Pub. L. 109162, § 112(e)(1), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “There is authorized to be appropriated to carry out this subchapter $12,000,000 for each of fiscal years 2001 through 2005.” Subsec. (c). Pub. L. 109162, § 112(e)(2), added subsec. (c). 2000—Subsec. (a). Pub. L. 106386 added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “There are authorized to be appropriated to carry out this subchapter— “(1) $6,000,000 for fiscal year 1996; “(2) $6,000,000 for fiscal year 1997; “(3) $7,000,000 for fiscal year 1998; “(4) $9,000,000 for fiscal year 1999; and “(5) $10,000,000 for fiscal year 2000.” 1994—Subsec. (a). Pub. L. 103322 amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “There are authorized to be appropriated to carry out this chapter— “(1) $5,000,000 in fiscal year 1991; and “(2) such sums as may be necessary to carry out this subchapter in each of fiscal years 1992, 1993, and 1994.”
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentAmendment by Pub. L. 117103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.
Effective Date of 2013 AmendmentAmendment by Pub. L. 1134 not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of Pub. L. 1134, set out as a note under section 2261 of Title 18, Crimes and Criminal Procedure.
Dissemination of InformationPub. L. 106386, div. B, title III, § 1302(d), Oct. 28, 2000, 114 Stat. 1511, provided that: “The Attorney General shall— “(1) annually compile and disseminate information (including through electronic publication) about the use of amounts expended and the projects funded under section 218(a) [now 219(a)] of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13014(a)) [now 34 U.S.C. 20324(a)], section 224(a) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13024(a)) [now 34 U.S.C. 20334(a)], and section 1007(a)(7) [1001(a)(7)] of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(7)) [now 34 U.S.C. 10261(a)(7)], including any evaluations of the projects and information to enable replication and adoption of the strategies identified in the projects; and “(2) focus dissemination of the information described in paragraph (1) toward community-based programs, including domestic violence and sexual assault programs.” [For definitions of terms used in section 1302(d)(2) of Pub. L. 106386, set out above, see section 1002 of Pub. L. 106386, set out as a note under section 10447 of this title.]
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# 34 U.S.C. § 20331 - Findings and purpose
## Text
(a) Findings The Congress finds that—
(1) a large number of juvenile and family courts are inundated with increasing numbers of cases due to increased reports of abuse and neglect, increasing drug-related maltreatment, and insufficient court resources;
(2) the amendments made to the Social Security Act [42 U.S.C. 301 et seq.] by the Adoption Assistance and Child Welfare Act of 1980 make substantial demands on the courts handling abuse and neglect cases, but provide no assistance to the courts to meet those demands;
(3) the Adoption 11 So in original. Probably should be “Adoption Assistance”. and Child Welfare Act of 1980 requires courts to—
(A) determine whether the agency made reasonable efforts to prevent foster care placement;
(B) approve voluntary nonjudicial placement; and
(C) provide procedural safeguards for parents when their parent-child relationship is affected;
(4) social welfare agencies press the courts to meet such requirements, yet scarce resources often dictate that courts comply pro forma without undertaking the meaningful judicial inquiry contemplated by Congress in the Adoption 1 and Child Welfare Act of 1980;
(5) compliance with the Adoption 1 and Child Welfare Act of 1980 and overall improvements in the judicial response to abuse and neglect cases can best come about through action by top level court administrators and judges with administrative functions who understand the unique aspects of decisions required in child abuse and neglect cases; and
(6) the Adoption 1 and Child Welfare Act of 1980 provides financial incentives to train welfare agency staff to meet the requirements, but provides no resources to train judges.
(b) Purpose The purpose of this subchapter is to provide expanded technical assistance and training to judicial personnel and attorneys, particularly personnel and practitioners in juvenile and family courts, to improve the judicial systems handling of child abuse and neglect cases with specific emphasis on the role of the courts in addressing reasonable efforts that can safely avoid unnecessary and unnecessarily prolonged foster care placement.
(Pub. L. 101647, title II, § 221, Nov. 29, 1990, 104 Stat. 4796; Pub. L. 103322, title IV, § 40156(b)(2), Sept. 13, 1994, 108 Stat. 1923.)
## Notes
Editorial Notes
References in TextThe Social Security Act, referred to in subsec. (a)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. The Adoption Assistance and Child Welfare Act of 1980, referred to in subsec. (a), is Pub. L. 96272, June 17, 1980, 94 Stat. 500. For complete classification of this Act to the Code, see Short Title of 1980 Amendments note set out under section 1305 of Title 42, The Public Health and Welfare, and Tables.
Codification Section was formerly classified to section 13021 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments1994—Subsec. (b). Pub. L. 103322 made technical amendment to reference to this subchapter to correct reference to corresponding provision of original act.
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# 34 U.S.C. § 20332 - Grants for juvenile and family court personnel
## Text
In order to improve the judicial systems handling of child abuse and neglect cases, the Administrator of the Office of Juvenile Justice and Delinquency Prevention shall make grants for the purpose of providing—
(1) technical assistance and training to judicial personnel and attorneys, particularly personnel and practitioners in juvenile and family courts; and
(2) administrative reform in juvenile and family courts.
(Pub. L. 101647, title II, § 222, Nov. 29, 1990, 104 Stat. 4797.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13022 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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# 34 U.S.C. § 20333 - Specialized technical assistance and training programs
## Text
(a) Grants to develop model programs (1) The Administrator shall make grants to national organizations to develop 1 or more model technical assistance and training programs to improve the judicial systems handling of child abuse and neglect cases.
(2) An organization to which a grant is made pursuant to paragraph (1) shall be one that has broad membership among juvenile and family court judges and has demonstrated experience in providing training and technical assistance for judges, attorneys, child welfare personnel, and lay child advocates.
(b) Grants to juvenile and family courts (1) In order to improve the judicial systems handling of child abuse and neglect cases, the Administrator shall make grants to State courts or judicial administrators for programs that provide or contract for, the implementation of—
(A) training and technical assistance to judicial personnel and attorneys in juvenile and family courts; and
(B) administrative reform in juvenile and family courts.
(2) The criteria established for the making of grants pursuant to paragraph (1) shall give priority to programs that improve—
(A) procedures for determining whether child service agencies have made reasonable efforts to prevent placement of children in foster care;
(B) procedures for determining whether child service agencies have, after placement of children in foster care, made reasonable efforts to reunite the family;
(C) procedures for coordinating information and services among health professionals, social workers, law enforcement professionals, prosecutors, defense attorneys, and juvenile and family court personnel, consistent with subchapter I; and
(D) procedures for improving the judicial response to children who are vulnerable to human trafficking, to the extent an appropriate screening tool exists.
(c) Grant criteria The Administrator shall make grants under subsections (a) and (b) consistent with sections 11172, 11183, and 11186 of this title.
(Pub. L. 101647, title II, § 223, Nov. 29, 1990, 104 Stat. 4797; Pub. L. 107273, div. C, title II, § 12221(b)(1)(D), Nov. 2, 2002, 116 Stat. 1894; Pub. L. 115393, title V, § 503, Dec. 21, 2018, 132 Stat. 5277; Pub. L. 115424, § 2(h)(5), Jan. 7, 2019, 132 Stat. 5470.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13023 of Title 42, The Public Health and Welfare, prior to editorial 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.
Amendments2019—Subsec. (c). Pub. L. 115424 made technical amendment to reference in original act which appears in text as reference to sections 11183 and 11186 of this title. 2018—Subsec. (b)(2)(D). Pub. L. 115393 added subpar. (D). 2002—Subsec. (c). Pub. L. 107273 substituted “sections 5666, 5673, and 5676 of this title” for “section 5665a, 5673, and 5676 of this title”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107273 effective on the first day of the first fiscal year that begins after Nov. 2, 2002, and applicable only with respect to fiscal years beginning on or after the first day of the first fiscal year that begins after Nov. 2, 2002, see section 12223 of Pub. L. 107273, as amended, set out as a note under section 11101 of this title.
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# 34 U.S.C. § 20334 - Authorization of appropriations
## Text
(a) Authorization There is authorized to be appropriated to carry out this subchapter $2,300,000 for each of fiscal years 2023 through 2027 11 So in original. Probably should be followed by a period.
(b) Use of funds Of the amounts appropriated in subsection (a), not less than 80 percent shall be used for grants under section 20333(b) of this title.
(c) Limitation No funds are authorized to be appropriated for a fiscal year to carry out this subchapter unless the aggregate amount appropriated to carry out title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) 22 See References in Text note below. for such fiscal year is not less than the aggregate amount appropriated to carry out such title for the preceding fiscal year.
(Pub. L. 101647, title II, § 224, Nov. 29, 1990, 104 Stat. 4798; Pub. L. 103322, title IV, § 40156(b)(1), Sept. 13, 1994, 108 Stat. 1923; Pub. L. 106386, div. B, title III, § 1302(b), Oct. 28, 2000, 114 Stat. 1511; Pub. L. 1134, title XI, § 1105, Mar. 7, 2013, 127 Stat. 135; Pub. L. 117103, div. W, title XIII, § 1303, Mar. 15, 2022, 136 Stat. 927.)
## Notes
Editorial Notes
References in TextThe Juvenile Justice and Delinquency Prevention Act of 1974, referred to in subsec. (c), is Pub. L. 93415, Sept. 7, 1974, 88 Stat. 1109. Title II of the Act was classified principally to subchapter II (§ 5611 et seq.) of chapter 72 of Title 42, The Public Health and Welfare, prior to editorial reclassification as subchapter II (§ 11111 et seq.) of chapter 111 of this title. For complete classification of this Act to the Code, see Tables.
Codification Section was formerly classified to section 13024 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2022—Subsec. (a). Pub. L. 117103 substituted “subchapter $2,300,000 for each of fiscal years 2023 through 2027” for “subchapter $2,300,000 for each of fiscal years 2014 through 2018.” 2013—Subsec. (a). Pub. L. 1134 substituted “$2,300,000 for each of fiscal years 2014 through 2018.” for “$2,300,000 for each of fiscal years 2001 through 2005.” 2000—Subsec. (a). Pub. L. 106386 added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “There are authorized to be appropriated to carry out this subchapter— “(1) $750,000 for fiscal year 1996; “(2) $1,000,000 for fiscal year 1997; “(3) $2,000,000 for fiscal year 1998; “(4) $2,000,000 for fiscal year 1999; and “(5) $2,300,000 for fiscal year 2000.” 1994—Subsec. (a). Pub. L. 103322 amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “There are authorized to be appropriated to carry out this chapter— “(1) $10,000,000 in fiscal year 1991; and “(2) such sums as may be necessary to carry out this chapter in each of fiscal years 1992, 1993, and 1994.”
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentAmendment by Pub. L. 117103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.
@@ -0,0 +1,117 @@
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# 34 U.S.C. § 20341 - Child abuse reporting
## Text
(a) In general (1) Covered professionals A person who, while engaged in a professional capacity or activity described in subsection (b) on Federal land or in a federally operated (or contracted) facility, learns of facts that give reason to suspect that a child has suffered an incident of child abuse, shall as soon as possible make a report of the suspected abuse to the agency designated under subsection (d) and to the agency or agencies provided for in subsection (e), if applicable.
(2) Covered individuals A covered individual who learns of facts that give reason to suspect that a child has suffered an incident of child abuse, including sexual abuse, shall as soon as possible make a report of the suspected abuse to the agency designated by the Attorney General under subsection (d).
(b) Covered professionals Persons engaged in the following professions and activities are subject to the requirements of subsection (a)(1):
(1) Physicians, dentists, medical residents or interns, hospital personnel and administrators, nurses, health care practitioners, chiropractors, osteopaths, pharmacists, optometrists, podiatrists, emergency medical technicians, ambulance drivers, undertakers, coroners, medical examiners, alcohol or drug treatment personnel, and persons performing a healing role or practicing the healing arts.
(2) Psychologists, psychiatrists, and mental health professionals.
(3) Social workers, licensed or unlicensed marriage, family, and individual counselors.
(4) Teachers, teachers aides or assistants, school counselors and guidance personnel, school officials, and school administrators.
(5) Child care workers and administrators.
(6) Law enforcement personnel, probation officers, criminal prosecutors, and juvenile rehabilitation or detention facility employees.
(7) Foster parents.
(8) Commercial film and photo processors.
(c) Definitions For the purposes of this section—
(1) the term “child abuse” means the physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child;
(2) the term “physical injury” includes but is not limited to lacerations, fractured bones, burns, internal injuries, severe bruising or serious bodily harm;
(3) the term “mental injury” means harm to a childs psychological or intellectual functioning which may be exhibited by severe anxiety, depression, withdrawal or outward aggressive behavior, or a combination of those behaviors, which may be demonstrated by a change in behavior, emotional response or cognition;
(4) the term “sexual abuse” includes the employment, use, persuasion, inducement, enticement, or coercion of a child to engage in, or assist another person to engage in, sexually explicit conduct or the rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children;
(5) the term “sexually explicit conduct” means actual or simulated—
(A) sexual intercourse, including sexual contact in the manner of genital-genital, oral-genital, anal-genital, or oral-anal contact, whether between persons of the same or of opposite sex; sexual contact means the intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify sexual desire of any person;
(B) bestiality;
(C) masturbation;
(D) lascivious exhibition of the genitals or pubic area of a person or animal; or
(E) sadistic or masochistic abuse;
(6) the term “exploitation” means child pornography or child prostitution;
(7) the term “negligent treatment” means the failure to provide, for reasons other than poverty, adequate food, clothing, shelter, or medical care so as to seriously endanger the physical health of the child;
(8) the term “child abuse” shall not include discipline administered by a parent or legal guardian to his or her child provided it is reasonable in manner and moderate in degree and otherwise does not constitute cruelty;
(9) the term “covered individual” means an adult who—
(A) is authorized, by a national governing body, a member of a national governing body, or an amateur sports organization that participates in interstate or international amateur athletic competition, to interact with a minor or amateur athlete at an amateur sports organization facility or at any event sanctioned by a national governing body, a member of a national governing body, or such an amateur sports organization; or
(B) is an employee or representative of the United States Center for SafeSport;
(10) the term “event” includes travel, lodging, practice, competition, and health or medical treatment;
(11) the terms “amateur athlete”, “amateur athletic competition”, “amateur sports organization”, “international amateur athletic competition”, and “national governing body” have the meanings given the terms in section 220501(b) of title 36; and
(12) the term “as soon as possible” means within a 24-hour period.
(d) Agency designated to receive report and action to be taken For all Federal lands and all federally operated (or contracted) facilities in which children are cared for or reside and for all covered individuals, the Attorney General shall designate an agency to receive and investigate the reports described in subsection (a). By formal written agreement, the designated agency may be a non-Federal agency. When such reports are received by social services or health care agencies, and involve allegations of sexual abuse, serious physical injury, or life-threatening neglect of a child, there shall be an immediate referral of the report to a law enforcement agency with authority to take emergency action to protect the child. All reports received shall be promptly investigated, and whenever appropriate, investigations shall be conducted jointly by social services and law enforcement personnel, with a view toward avoiding unnecessary multiple interviews with the child.
(e) Reporters and recipient of report involving children and homes of members of the Armed Forces (1) Recipients of reports In the case of an incident described in subsection (a) involving a child in the family or home of member of the Armed Forces (regardless of whether the incident occurred on or off a military installation), the report required by subsection (a) shall be made to the appropriate child welfare services agency or agencies of the State in which the child resides. The Attorney General, the Secretary of Defense, and the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy) shall jointly, in consultation with the chief executive officers of the States, designate the child welfare service agencies of the States that are appropriate recipients of reports pursuant to this subsection. Any report on an incident pursuant to this subsection is in addition to any other report on the incident pursuant to this section.
(2) Makers of reports For purposes of the making of reports under this section pursuant to this subsection, the persons engaged in professions and activities described in subsection (b) shall include members of the Armed Forces who are engaged in such professions and activities for members of the Armed Forces and their dependents.
(f) Reporting form In every federally operated (or contracted) facility, on all Federal lands, and for all covered individuals, a standard written reporting form, with instructions, shall be disseminated to all mandated reporter groups. Use of the form shall be encouraged, but its use shall not take the place of the immediate making of oral reports, telephonically or otherwise, when circumstances dictate.
(g) Immunity for good faith reporting and associated actions All persons who, acting in good faith, make a report by subsection (a), or otherwise provide information or assistance in connection with a report, investigation, or legal intervention pursuant to a report, shall be immune from civil and criminal liability arising out of such actions. There shall be a presumption that any such persons acted in good faith. If a person is sued because of the persons performance of one of the above functions, and the defendant prevails in the litigation, the court may order that the plaintiff pay the defendants legal expenses. Immunity shall not be accorded to persons acting in bad faith.
(h) Training of prospective reporters All individuals in the occupations listed in subsection (b)(1) who work on Federal lands, or are employed in federally operated (or contracted) facilities, and all covered individuals, shall receive periodic training in the obligation to report, as well as in the identification of abused and neglected children.
(i) Rule of construction Nothing in this section shall be construed to require a victim of child abuse to self-report the abuse.
(Pub. L. 101647, title II, § 226, Nov. 29, 1990, 104 Stat. 4806; Pub. L. 114328, div. A, title V, § 575(b), Dec. 23, 2016, 130 Stat. 2142; Pub. L. 115126, title I, § 101(a), Feb. 14, 2018, 132 Stat. 318; Pub. L. 116189, § 10, Oct. 30, 2020, 134 Stat. 970.)
## Notes
Editorial Notes
Codification Another subsec. (g) of section 226 of Pub. L. 101647 enacted section 2258 of Title 18, Crimes and Criminal Procedure, and amended analysis for part I and heading and analysis of chapter 110 of Title 18. Section was formerly classified to section 13031 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2020—Subsec. (c)(9). Pub. L. 116189 substituted “adult who—” for “adult who”, inserted subpar. (A) designation before “is authorized”, and added subpar. (B). 2018—Subsec. (a). Pub. L. 115126, § 101(a)(1), designated existing provisions as par. (1), inserted heading, and added par. (2). Subsec. (b). Pub. L. 115126, § 101(a)(2), substituted “subsection (a)(1)” for “subsection (a)” in introductory provisions. Subsec. (c)(9) to (12). Pub. L. 115126, § 101(a)(3), added pars. (9) to (12). Subsec. (d). Pub. L. 115126, § 101(a)(4), inserted “and for all covered individuals” after “reside”. Subsec. (f). Pub. L. 115126, § 101(a)(5), substituted “on all” for “and on all” and inserted “and for all covered individuals,” after “lands,”. Subsec. (h). Pub. L. 115126, § 101(a)(6), inserted “and all covered individuals,” after “facilities,”. Subsec. (i). Pub. L. 115126, § 101(a)(7), added subsec. (i). 2016—Subsec. (a). Pub. L. 114328, § 575(b)(1), inserted before period at end “and to the agency or agencies provided for in subsection (e), if applicable”. Subsecs. (e) to (g). Pub. L. 114328, § 575(b)(2), (3), added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively.
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# 34 U.S.C. § 20342 - Federal immunity
## Text
(1) In general Notwithstanding any other provision of law, any individual making a good faith report to appropriate authorities of a suspected or known instance of child abuse or neglect, or who otherwise, in good faith, provides information or assistance, including medical evaluations or consultations, in connection with a report, investigation, or legal intervention pursuant to a good faith report of child abuse or neglect shall not be subject to civil liability or criminal prosecution, under any Federal law, rising from making such report or providing such information or assistance.
(2) Presumption of good faith In a Federal civil action or criminal prosecution brought against a person based on the persons reporting a suspected or known instance of child abuse or neglect, or providing information or assistance with respect to such a report, as described in paragraph (1), there shall be a presumption that the person acted in good faith.
(3) Costs If the defendant prevails in a Federal civil action described in paragraph (2), the court may award costs and reasonable attorneys fees incurred by the defendant.
(Pub. L. 115424, § 3(b), Jan. 7, 2019, 132 Stat. 5470.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Victims of Child Abuse Act Reauthorization Act of 2018, and not as part of the Victims of Child Abuse Act of 1990 which comprises this chapter.
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# 34 U.S.C. § 20351 - Requirement for background checks
## Text
(a) In general (1) Each agency of the Federal Government, and every facility operated by the Federal Government (or operated under contract with the Federal Government), that hires (or contracts for hire) individuals involved with the provision to children under the age of 18 of child care services shall assure that all existing and newly-hired employees undergo a criminal history background check. All existing staff shall receive such checks not later than May 29, 1991. Except as provided in subsection (b)(3), no additional staff shall be hired without a check having been completed.
(2) For the purposes of this section, the term “child care services” means child protective services (including the investigation of child abuse and neglect reports), social services, health and mental health care, child (day) care, education (whether or not directly involved in teaching), foster care, residential care, recreational or rehabilitative programs, and detention, correctional, or treatment services.
(b) Criminal history check (1) A background check required by subsection (a) shall be—
(A) based on a set of the employees fingerprints obtained by a law enforcement officer and on other identifying information;
(B) conducted through the Identification Division of the Federal Bureau of Investigation and through the State criminal history repositories of all States that an employee or prospective employee lists as current and former residences in an employment application; and
(C) initiated through the personnel programs of the applicable Federal agencies.
(2) The results of the background check shall be communicated to the employing agency.
(3) An agency or facility described in subsection (a)(1) may hire a staff person provisionally prior to the completion of a background check if, at all times prior to receipt of the background check during which children are in the care of the person, the person is within the sight and under the supervision of a staff person with respect to whom a background check has been completed.
(c) Applicable criminal histories Any conviction for a sex crime, an offense involving a child victim, or a drug felony, may be ground for denying employment or for dismissal of an employee in any of the positions listed in subsection (a)(2). In the case of an incident in which an individual has been charged with one of those offenses, when the charge has not yet been disposed of, an employer may suspend an employee from having any contact with children while on the job until the case is resolved. Conviction of a crime other than a sex crime may be considered if it bears on an individuals fitness to have responsibility for the safety and well-being of children.
(d) Employment applications (1) Employment applications for individuals who are seeking work for an agency of the Federal Government, or for a facility or program operated by (or through contract with) the Federal Government, in any of the positions listed in subsection (a)(1), shall contain a question asking whether the individual has ever been arrested for or charged with a crime involving a child, and if so requiring a description of the disposition of the arrest or charge. An application shall state that it is being signed under penalty of perjury, with the applicable Federal punishment for perjury stated on the application.
(2) A Federal agency seeking a criminal history record check shall first obtain the signature of the employee or prospective employee indicating that the employee or prospective employee has been notified of the employers obligation to require a record check as a condition of employment and the employees right to obtain a copy of the criminal history report made available to the employing Federal agency and the right to challenge the accuracy and completeness of any information contained in the report.
(e) Encouragement of voluntary criminal history checks for others who may have contact with children Federal agencies and facilities are encouraged to submit identifying information for criminal history checks on volunteers working in any of the positions listed in subsection (a) and on adult household members in places where child care or foster care services are being provided in a home.
(Pub. L. 101647, title II, § 231, Nov. 29, 1990, 104 Stat. 4808; Pub. L. 102190, div. A, title X, § 1094(a), Dec. 5, 1991, 105 Stat. 1488.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13041 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments1991—Subsec. (a)(1). Pub. L. 102190, § 1094(a)(1), substituted “May 29, 1991. Except as provided in subsection (b)(3), no additional staff” for “6 months after November 29, 1990, and no additional staff”. Subsec. (b)(3). Pub. L. 102190, § 1094(a)(2), added par. (3).