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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title: "34 U.S.C. § 40101"
description: "Reporting child abuse crime information"
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title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
chapter_number: "401"
chapter_name: "CHILD ABUSE CRIME INFORMATION AND BACKGROUND CHECKS"
section: "40101"
citation: "34 U.S.C. § 40101"
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---
# 34 U.S.C. § 40101 - Reporting child abuse crime information
## Text
(a) In general In each State, an authorized criminal justice agency of the State shall report child abuse crime information to, or index child abuse crime information in, the national criminal history background check system. A criminal justice agency may satisfy the requirement of this subsection by reporting or indexing all felony and serious misdemeanor arrests and dispositions.
(b) Provision of State child abuse crime records through national criminal history background check system (1) Not later than 180 days after December 20, 1993, the Attorney General shall, subject to availability of appropriations—
(A) investigate the criminal history records system of each State and determine for each State a timetable by which the State should be able to provide child abuse crime records on an on-line basis through the national criminal history background check system;
(B) in consultation with State officials, establish guidelines for the reporting or indexing of child abuse crime information, including guidelines relating to the format, content, and accuracy of criminal history records and other procedures for carrying out this chapter; and
(C) notify each State of the determinations made pursuant to subparagraphs (A) and (B).
(2) The Attorney General shall require as a part of each State timetable that the State—
(A) by not later than the date that is 5 years after December 20, 1993, have in a computerized criminal history file at least 80 percent of the final dispositions that have been rendered in all identifiable child abuse crime cases in which there has been an event of activity within the last 5 years;
(B) continue to maintain a reporting rate of at least 80 percent for final dispositions in all identifiable child abuse crime cases in which there has been an event of activity within the preceding 5 years; and
(C) take steps to achieve 100 percent disposition reporting, including data quality audits and periodic notices to criminal justice agencies identifying records that lack final dispositions and requesting those dispositions.
(c) Liaison An authorized agency of a State shall maintain close liaison with the National Center on Child Abuse and Neglect, the National Center for Missing and Exploited Children, and the National Center for the Prosecution of Child Abuse for the exchange of technical assistance in cases of child abuse.
(d) Annual summary (1) The Attorney General shall publish an annual statistical summary of child abuse crimes.
(2) The annual statistical summary described in paragraph (1) shall not contain any information that may reveal the identity of any particular victim or alleged violator.
(e) Annual report The Attorney General shall, subject to the availability of appropriations, publish an annual summary of each States progress in reporting child abuse crime information to the national criminal history background check system.
(f) Study of child abuse offenders (1) Not later than 180 days after December 20, 1993, the Administrator of the Office of Juvenile Justice and Delinquency Prevention shall begin a study based on a statistically significant sample of convicted child abuse offenders and other relevant information to determine—
(A) the percentage of convicted child abuse offenders who have more than 1 conviction for an offense involving child abuse;
(B) the percentage of convicted child abuse offenders who have been convicted of an offense involving child abuse in more than 1 State; and
(C) the extent to which and the manner in which instances of child abuse form a basis for convictions for crimes other than child abuse crimes.
(2) Not later than 2 years after December 20, 1993, the Administrator shall submit a report to the Chairman of the Committee on the Judiciary of the Senate and the Chairman of the Committee on the Judiciary of the House of Representatives containing a description of and a summary of the results of the study conducted pursuant to paragraph (1).
(Pub. L. 103209, § 2, Dec. 20, 1993, 107 Stat. 2490; Pub. L. 103322, 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.
Amendments1994—Subsec. (a). Pub. L. 103322, § 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. 103322, § 320928(i), substituted “5 years after” for “3 years after”. Subsec. (f)(2). Pub. L. 103322, § 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 AbusePub. L. 103322, title XXXII, § 320928(g), Sept. 13, 1994, 108 Stat. 2132, provided that: “(1) In general.—The Attorney General, in consultation with Federal, State, and local officials, including officials responsible for criminal history record systems, and representatives of public and private care organizations and health, legal, and social welfare organizations, shall develop guidelines for the adoption of appropriate safeguards by care providers and by States for protecting children, the elderly, or individuals with disabilities from abuse. “(2) Matters to be addressed.—In developing guidelines under paragraph (1), the Attorney General shall address the availability, cost, timeliness, and effectiveness of criminal history background checks and recommend measures to ensure that fees for background checks do not discourage volunteers from participating in care programs. “(3) Dissemination.—The Attorney General shall, subject to the availability of appropriations, disseminate the guidelines to State and local officials and to public and private care providers.”
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description: "Funding for improvement of child abuse crime information"
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title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
chapter_number: "401"
chapter_name: "CHILD ABUSE CRIME INFORMATION AND BACKGROUND CHECKS"
section: "40103"
citation: "34 U.S.C. § 40103"
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# 34 U.S.C. § 40103 - Funding for improvement of child abuse crime information
## Text
(a) Omitted
(b) Additional funding grants for improvement of child abuse crime information (1) The Attorney General shall, subject to appropriations and with preference to States that, as of December 20, 1993, have in computerized criminal history files the lowest percentages of charges and dispositions of identifiable child abuse cases, make a grant to each State to be used—
(A) for the computerization of criminal history files for the purposes of this chapter;
(B) for the improvement of existing computerized criminal history files for the purposes of this chapter;
(C) to improve accessibility to the national criminal history background check system for the purposes of this chapter;
(D) to assist the State in the transmittal of criminal records to, or the indexing of criminal history record in, the national criminal history background check system for the purposes of this chapter; and
(E) to assist the State in paying all or part of the cost to the State of conducting background checks on persons who are employed by or volunteer with a public, not-for-profit, or voluntary qualified entity to reduce the amount of fees charged for such background checks.
(2) There are authorized to be appropriated for grants under paragraph (1) a total of $20,000,000 for fiscal years 1999, 2000, 2001, and 2002.
(c) Withholding State funds Effective 1 year after December 20, 1993, the Attorney General may reduce, by up to 10 percent, the allocation to a State for a fiscal year under title I of the Omnibus Crime Control and Safe Streets Act of 1968 [34 U.S.C. 10101 et seq.] that is not in compliance with the requirements of this chapter.
(Pub. L. 103209, § 4, Dec. 20, 1993, 107 Stat. 2493; Pub. L. 103322, title XXXII, § 320928(d), Sept. 13, 1994, 108 Stat. 2132; Pub. L. 105251, title II, § 222(c), Oct. 9, 1998, 112 Stat. 1885.)
## Notes
Editorial Notes
References in TextThe Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (c), is Pub. L. 90351, June 19, 1968, 82 Stat. 197. Title I of the Act is classified principally to chapter 101 (§ 10101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title of 1968 Act note set out under section 10101 of this title and Tables.
Codification Section is comprised of section 4 of Pub. L. 103209. Subsec. (a) of section 4 of Pub. L. 103209 amended former section 3759(b) of Title 42, The Public Health and Welfare. Section was formerly classified to section 5119b of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments1998—Subsec. (b)(2). Pub. L. 105251 substituted “1999, 2000, 2001, and 2002” for “1994, 1995, 1996, and 1997”. 1994—Subsec. (b)(1)(E). Pub. L. 103322, which directed the amendment of subsec. (b) by adding subpar. (E) at the end, was executed by adding subpar. (E) at the end of par. (1) of subsec. (b) to reflect the probable intent of Congress.
Statutory Notes and Related Subsidiaries
Availability of Violent Crime Reduction Trust Fund To Fund Activities Authorized by the Brady Handgun Violence Prevention Act and the National Child Protection Act of 1993For appropriations for amounts authorized in subsec. (b) of this section from the Violent Crime Reduction Trust Fund established by section 12631 of this title, see section 210603(a) of Pub. L. 103322, set out as a note under section 922 of Title 18, Crimes and Criminal Procedure.
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# 34 U.S.C. § 40104 - Definitions
## Text
For the purposes of this chapter—
(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 chapter;
(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 “covered individual” means an individual—
(A) who has, seeks to have, or may have access to children, the elderly, or individuals with disabilities, served by a qualified entity; and
(B) who—
(i) is employed by or volunteers with, or seeks to be employed by or volunteer with, a qualified entity; or
(ii) owns or operates, or seeks to own or operate, a qualified entity;
(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;
(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; and
(12) the term “designated entity” means an entity designated by the Attorney General under section 40102(f)(2)(A) of this title.
(Pub. L. 103209, § 5, Dec. 20, 1993, 107 Stat. 2493; Pub. L. 103322, title XXXII, § 320928(a)(3), (j), Sept. 13, 1994, 108 Stat. 2132, 2133; Pub. L. 107110, title X, § 1075, Jan. 8, 2002, 115 Stat. 2090; Pub. L. 115141, div. S, title I, § 101(a)(2), Mar. 23, 2018, 132 Stat. 1126.)
## Notes
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.
Amendments2018—Par. (9). Pub. L. 115141, § 101(a)(2)(A), amended par. (9) generally. Prior to amendment, par. (9) defined the term “provider”. Par. (12). Pub. L. 115141, § 101(a)(2)(B)(D), added par. (12). 2002—Par. (9)(A)(i). Pub. L. 107110, § 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. 107110, § 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. 103322, § 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. 103322, § 320928(j)(2), added pars. (6) and (7). Former pars. (6) and (7) redesignated (8) and (9), respectively. Par. (8). Pub. L. 103322, § 320928(j)(1), redesignated par. (6) as (8). Former par. (8) redesignated (10). Pub. L. 103322, § 320928(a)(3)(B), substituted “care” for “child care” wherever appearing. Pars. (9) to (11). Pub. L. 103322, § 320928(j)(1), redesignated pars. (7) to (9) as (9) to (11), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107110, 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.