Collapse to view only § 41309. Reporting on human trafficking
- § 41301. Report to Congress on sexual exploitation of children
- § 41302. Acquisition of statistical data on child abuse
- § 41303. Uniform Federal Crime Reporting Act of 1988
- § 41304. Family and domestic violence: data collection and reporting
- § 41305. Hate crime statistics
- § 41306. Report to Congress on banking law offenses
- § 41307. Reporting requirement for missing children
- § 41308. State requirements for reporting missing children
- § 41309. Reporting on human trafficking
- § 41310. Report on theft of trade secrets occurring abroad
- § 41311. Improving Department of Justice data collection on mental illness involved in crime
- § 41312. Report on female genital mutilation
- § 41313. GAO study on incidence of fatal and non-fatal physical and sexual assault of passengers, TNC drivers, and drivers of other for-hire vehicles
§ 41301. Report to Congress on sexual exploitation of children
Beginning one hundred and twenty days after May 21, 1984, and every year thereafter, the Attorney General shall report to the Congress on prosecutions, convictions, and forfeitures under chapter 110 of title 18.
(Pub. L. 98–292, § 9, May 21, 1984, 98 Stat. 206.)
§ 41302. Acquisition of statistical data on child abuse
(a) Data acquisition for 1987 and 1988
(b) Modification of uniform crime reporting program
(1) As soon as practicable, but in no case later than January 1, 1989, the Attorney General shall modify the uniform crime reporting program in the Federal Bureau of Investigation to include data on the age of the victim of the offense and the relationship, if any, of the victim to the offender, for types of offenses that may involve child abuse, including child sexual abuse.
(2) The modification, once made, shall remain in effect until the later of—
(A) 10 years after the date it is made; or
(B) such ending date as may be set by the Attorney General.
(Pub. L. 99–401, title I, § 105, Aug. 27, 1986, 100 Stat. 906.)
§ 41303. Uniform Federal Crime Reporting Act of 1988
(a) Short title
(b) Definitions
(c) Establishment of system
(1) In general
(2) Reporting by Federal agencies
(3) Distribution of data
(4) Interagency coordination
(A) In general
(B) For report
(5) Annual report by Federal Bureau of Investigation
(d) Role of Federal Bureau of Investigation
(e) Inclusion of offenses involving illegal drugs
(f) Authorization of appropriations
(g) Effective date
(Pub. L. 100–690, title VII, § 7332, Nov. 18, 1988, 102 Stat. 4468; Pub. L. 115–393, title IV, § 402, Dec. 21, 2018, 132 Stat. 5274.)
§ 41304. Family and domestic violence: data collection and reporting
(a) Family violence reporting
Under the authority of section 534 of title 28, the Attorney General shall require, and include in uniform crime reports, data that indicate—
(1) the age of the victim; and
(2) the relationship of the victim to the offender, for crimes of murder, aggravated assault, simple assault, rape, sexual offenses, and offenses against children.
(b) National Crime Survey
(c) Authorization of appropriations
(Pub. L. 100–690, title VII, § 7609, Nov. 18, 1988, 102 Stat. 4517.)
§ 41305. Hate crime statistics
(a) This Act may be cited as the “Hate Crime Statistics Act”.
(b)
(1) Under the authority of section 534 of title 28, the Attorney General shall acquire data, for each calendar year, about crimes that manifest evidence of prejudice based on race, gender and gender identity, religion, disability, sexual orientation, or ethnicity, including where appropriate the crimes of murder, non-negligent manslaughter; forcible rape; aggravated assault, simple assault, intimidation; arson; and destruction, damage or vandalism of property.
(2) The Attorney General shall establish guidelines for the collection of such data including the necessary evidence and criteria that must be present for a finding of manifest prejudice and procedures for carrying out the purposes of this section.
(3) Nothing in this section creates a cause of action or a right to bring an action, including an action based on discrimination due to sexual orientation. As used in this section, the term “sexual orientation” means consensual homosexuality or heterosexuality. This subsection does not limit any existing cause of action or right to bring an action, including any action under the Administrative Procedure Act [5 U.S.C. 551 et seq., 701 et seq.] or the All Writs Act [28 U.S.C. 1651].
(4) Data acquired under this section shall be used only for research or statistical purposes and may not contain any information that may reveal the identity of an individual victim of a crime.
(5) The Attorney General shall publish an annual summary of the data acquired under this section, including data about crimes committed by, and crimes directed against, juveniles.
(c) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section through fiscal year 2002.
(Pub. L. 101–275, § 1, Apr. 23, 1990, 104 Stat. 140; Pub. L. 103–322, title XXXII, § 320926, Sept. 13, 1994, 108 Stat. 2131; Pub. L. 104–155, § 7, July 3, 1996, 110 Stat. 1394; Pub. L. 111–84, div. E, § 4708, Oct. 28, 2009, 123 Stat. 2841.)
§ 41306. Report to Congress on banking law offenses
(a) In general
(1) Data collectionThe Attorney General shall compile and collect data concerning—
(A) the nature and number of civil and criminal investigations, prosecutions, and related proceedings, and civil enforcement and recovery proceedings, in progress with respect to banking law offenses under sections 981, 1008, 1032, and 3322(d) of title 18 and section 1833a of title 12 and conspiracies to commit any such offense, including inactive investigations of such offenses;
(B) the number of—
(i) investigations, prosecutions, and related proceedings described in subparagraph (A) which are inactive as of the close of the reporting period but have not been closed or declined; and
(ii) unaddressed referrals which allege criminal misconduct involving offenses described in subparagraph (A),
and the reasons such matters are inactive and the referrals unaddressed;
(C) the nature and number of such matters closed, settled, or litigated to conclusion; and
(D) the results achieved, including convictions and pretrial diversions, fines and penalties levied, restitution assessed and collected, and damages recovered, in such matters.
(2) Analysis and report
(b) Specifics of reportThe report required by subsection (a) shall—
(1) categorize data as to various types of financial institutions and appropriate dollar loss categories;
(2) disclose data for each Federal judicial district;
(3) describe the activities of the Financial Institution Fraud Unit; and
(4) list—
(A) the number of institutions, categorized by failed and open institutions, in which evidence of significant fraud, unlawful activity, insider abuse or serious misconduct has been alleged or detected;
(B) civil, criminal, and administrative enforcement actions, including those of the Federal financial institutions regulatory agencies, brought against offenders;
(C) any settlements or judgments obtained against offenders;
(D) indictments, guilty pleas, or verdicts obtained against offenders; and
(E) the resources allocated in pursuit of investigations, prosecutions, and sentencings (including indictments, guilty pleas, or verdicts obtained against offenders) and related proceedings.
(Pub. L. 101–647, title XXV, § 2546, Nov. 29, 1990, 104 Stat. 4885.)
§ 41307. Reporting requirement for missing children
(a) In general
(b) Guidelines
(c) Annual summary
(Pub. L. 101–647, title XXXVII, § 3701, Nov. 29, 1990, 104 Stat. 4966; Pub. L. 108–21, title II, § 204, Apr. 30, 2003, 117 Stat. 660; Pub. L. 117–327, § 2(c)(1), Dec. 27, 2022, 136 Stat. 4455.)
§ 41308. State requirements for reporting missing childrenEach State reporting under the provisions of this section and section 41307 of this title shall—
(1) ensure that no law enforcement agency within the State establishes or maintains any policy that requires the observance of any waiting period before accepting a missing child or unidentified person report;
(2) ensure that no law enforcement agency within the State establishes or maintains any policy that requires the removal of a missing person entry from its State law enforcement system, the National Crime Information Center computer database, or the NamUs databases based solely on the age of the person;
(3) provide that each such report and all necessary and available information, which, with respect to each missing child report, shall include—
(A) the name, date of birth, sex, race, height, weight, and eye and hair color of the child;
(B) a recent photograph of the child, if available;
(C) the date and location of the last known contact with the child; and
(D) the category under which the child is reported missing;
is entered within 2 hours of receipt into the State law enforcement system, the National Crime Information Center computer networks, and the NamUs databases and made available to the Missing Children Information Clearinghouse within the State or other agency designated within the State to receive such reports; and
(4) provide that after receiving reports as provided in paragraph (3), the law enforcement agency that entered the report into the National Crime Information Center or the NamUs databases shall—
(A) no later than 30 days after the original entry of the record into the State law enforcement system, National Crime Information Center computer networks, and the NamUs databases, verify and update such record with any additional information, including, where available, medical and dental records and a photograph taken during the previous 180 days;
(B) institute or assist with appropriate search and investigative procedures;
(C) notify the National Center for Missing and Exploited Children of each report received relating to a child reported missing from a foster care family home or childcare institution;
(D) maintain close liaison with State and local child welfare systems and the National Center for Missing and Exploited Children for the exchange of information and technical assistance in the missing children cases; and
(E) grant permission to the National Crime Information Center Terminal Contractor for the State to update the missing person record in the National Crime Information Center computer networks with additional information learned during the investigation relating to the missing person.
(Pub. L. 101–647, title XXXVII, § 3702, Nov. 29, 1990, 104 Stat. 4967; Pub. L. 109–248, title I, § 154(a), July 27, 2006, 120 Stat. 611; Pub. L. 114–22, title I, § 116(b), May 29, 2015, 129 Stat. 244; Pub. L. 117–327, § 2(c)(2), Dec. 27, 2022, 136 Stat. 4455.)
§ 41309. Reporting on human trafficking
(a) Trafficking offense classificationThe Director of the Federal Bureau of Investigation shall—
(1) classify the offense of human trafficking as a Part I crime in the Uniform Crime Reports;
(2) to the extent feasible, establish subcategories for State sex crimes that involve—
(A) a person who is younger than 18 years of age;
(B) the use of force, fraud or coercion; or
(C) neither of the elements described in subparagraphs (A) and (B); and
(3) classify the offense of human trafficking as a Group A offense for purpose of the National Incident-Based Reporting System.
(b) Additional informationThe Director of the Federal Bureau of Investigation shall revise the Uniform Crime Reporting System 1
1 So in original. Probably should be “Program”.
and the National Incident-Based Reporting System to distinguish between reports of—(1) incidents of assisting or promoting prostitution, which shall include crimes committed by persons who—
(A) do not directly engage in commercial sex acts; and
(B) direct, manage, or profit from such acts, such as State pimping and pandering crimes;
(2) incidents of purchasing prostitution, which shall include crimes committed by persons who purchase or attempt to purchase or trade anything of value for commercial sex acts;
(3) incidents of prostitution, which shall include crimes committed by persons providing or attempting to provide commercial sex acts;
(4) incidents of assisting or promoting prostitution, child labor that is a violation of law, or forced labor of an individual under the age of 18 as described in paragraph (1); and
(5) incidents of purchasing or soliciting commercial sex acts, child labor that is a violation of law, or forced labor with an individual under the age of 18 as described in paragraph (2).
(Pub. L. 110–457, title II, § 237(a), (b), Dec. 23, 2008, 122 Stat. 5083;
§ 41310. Report on theft of trade secrets occurring abroad
(a) DefinitionsIn this section:
(1) Director
(2) Foreign instrumentality, etc.
(3) State
(4) United States company
(b) ReportsNot later than 1 year after May 11, 2016, and biannually thereafter, the Attorney General, in consultation with the Intellectual Property Enforcement Coordinator, the Director, and the heads of other appropriate agencies, shall submit to the Committees on the Judiciary of the House of Representatives and the Senate, and make publicly available on the Web site of the Department of Justice and disseminate to the public through such other means as the Attorney General may identify, a report on the following:
(1) The scope and breadth of the theft of the trade secrets of United States companies occurring outside of the United States.
(2) The extent to which theft of trade secrets occurring outside of the United States is sponsored by foreign governments, foreign instrumentalities, or foreign agents.
(3) The threat posed by theft of trade secrets occurring outside of the United States.
(4) The ability and limitations of trade secret owners to prevent the misappropriation of trade secrets outside of the United States, to enforce any judgment against foreign entities for theft of trade secrets, and to prevent imports based on theft of trade secrets overseas.
(5) A breakdown of the trade secret protections afforded United States companies by each country that is a trading partner of the United States and enforcement efforts available and undertaken in each such country, including a list identifying specific countries where trade secret theft, laws, or enforcement is a significant problem for United States companies.
(6) Instances of the Federal Government working with foreign countries to investigate, arrest, and prosecute entities and individuals involved in the theft of trade secrets outside of the United States.
(7) Specific progress made under trade agreements and treaties, including any new remedies enacted by foreign countries, to protect against theft of trade secrets of United States companies outside of the United States.
(8) Recommendations of legislative and executive branch actions that may be undertaken to—
(A) reduce the threat of and economic impact caused by the theft of the trade secrets of United States companies occurring outside of the United States;
(B) educate United States companies regarding the threats to their trade secrets when taken outside of the United States;
(C) provide assistance to United States companies to reduce the risk of loss of their trade secrets when taken outside of the United States; and
(D) provide a mechanism for United States companies to confidentially or anonymously report the theft of trade secrets occurring outside of the United States.
(Pub. L. 114–153, § 4, May 11, 2016, 130 Stat. 382.)
§ 41311. Improving Department of Justice data collection on mental illness involved in crime
(a) In general
(b) Regulations
(Pub. L. 114–255, div. B, title XIV, § 14015, Dec. 13, 2016, 130 Stat. 1306.)
§ 41312. Report on female genital mutilation
Not later than one year after January 5, 2021, and annually thereafter, the Attorney General, in consultation with the Secretary of Homeland Security, the Secretary of State, the Secretary of Health and Human Services, and the Secretary of Education, shall submit to Congress a report that includes—
(1) an estimate of the number of women and girls in the United States at risk of or who have been subjected to female genital mutilation;
(2) the protections available and actions taken, if any, by Federal, State, and local agencies to protect such women and girls; and
(3) the actions taken by Federal agencies to educate and assist communities and key stakeholders about female genital mutilation.
(Pub. L. 116–309, § 4, Jan. 5, 2021, 134 Stat. 4924.)
§ 41313. GAO study on incidence of fatal and non-fatal physical and sexual assault of passengers, TNC drivers, and drivers of other for-hire vehicles
(a) GAO reportNot later than 1 year after January 5, 2023, and every 2 years thereafter, the Comptroller General of the United States shall submit to Congress a report that includes the results of a study regarding—
(1) the incidence of fatal and non-fatal physical assault and sexual assault perpetrated in the preceding 2 calendar years (starting with calendar years 2019 and 2020 for the first study)—
(A) against TNC drivers and drivers of other for-hire vehicles (including taxicabs) by passengers and riders of for-hire vehicles; and
(B) against passengers and riders by other passengers and TNC drivers or drivers of other for-hire vehicles (including taxicabs), including the incidences that are committed by individuals who are not TNC drivers or drivers of other for-hire vehicles but who pose as TNC drivers or drivers of other for-hire vehicles;
(2) the nature and specifics of any background checks conducted on prospective TNC drivers and drivers of other for-hire vehicles (including taxicabs), including any State and local laws requiring those background checks; and
(3) the safety steps taken by transportation network companies and other for-hire vehicle services (including taxicab companies) related to rider and driver safety.
(b) Sexual assault defined
(Pub. L. 117–330, § 2, Jan. 5, 2023, 136 Stat. 6114.)