The Congress finds that—
(1) each year thousands of children are abducted or removed from the control of a parent having legal custody without such parent's consent, under circumstances which immediately place the child in grave danger;
(2) many missing children are at great risk of both physical harm and sexual exploitation;
(3) in many cases, parents and local law enforcement officials have neither the resources nor the expertise to mount expanded search efforts;
(4) abducted children are frequently moved from one locality to another, requiring the cooperation and coordination of local, State, and Federal law enforcement efforts;
(5) growing numbers of children are the victims of child sexual exploitation, increasingly involving the use of new technology to access the Internet;
(6) children may be separated from their parents or legal guardians as a result of national disasters such as hurricanes and floods;
(7) sex offenders pose a threat to children;
(8) the Office of Juvenile Justice and Delinquency Prevention administers programs under this chapter through the Child Protection Division, including programs which prevent or address offenses committed against vulnerable children and which support missing children's organizations; and
(9) a key component of such programs is the National Center for Missing and Exploited Children, which—
(A) serves as a national resource center and clearinghouse;
(B) works in partnership with the Department of Justice, the Federal Bureau of Investigation, the United States Marshals Service, the Department of the Treasury, the Department of State, the Bureau of Immigration and Customs Enforcement, the United States Secret Service, the United States Postal Inspection Service, and many other agencies in the effort to find missing children and prevent child victimization; and
(C) operates a national network, linking the Center online with each of the missing children clearinghouses operated by the 50 States, the District of Columbia, and Puerto Rico, as well as with international organizations, including Scotland Yard in the United Kingdom, the Royal Canadian Mounted Police, INTERPOL headquarters in Lyon, France, and others, which enable the Center to transmit images and information regarding missing and exploited children to law enforcement across the United States and around the world instantly.
(Pub. L. 93–415, title IV, §402, as added Pub. L. 98–473, title II, §660, Oct. 12, 1984, 98 Stat. 2125; amended Pub. L. 106–71, §2(a), Oct. 12, 1999, 113 Stat. 1032; Pub. L. 108–96, title II, §201, Oct. 10, 2003, 117 Stat. 1171; Pub. L. 110–240, §2, June 3, 2008, 122 Stat. 1560.)
This chapter, referred to in par. (8), was in the original “this Act”, meaning Pub. L. 93–415, Sept. 7, 1974, 88 Stat. 1109, known as the Juvenile Justice and Delinquency Prevention Act of 1974, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5601 of this title and Tables.
A prior section 402 of Pub. L. 93–415 amended section 3888 of this title and repealed section 3889 of this title, and was repealed by Pub. L. 95–115, §10, Oct. 3, 1977, 91 Stat. 1061, and Pub. L. 107–273, div. C, title II, §12221(a)(4), Nov. 2, 2002, 116 Stat. 1894.
2008—Pub. L. 110–240 amended section generally. Prior to amendment, section consisted of pars. (1) to (5) stating findings of Congress concerning missing or abducted children and the role of the National Center for Missing and Exploited Children.
2003—Pub. L. 108–96 amended section generally. Prior to amendment, section consisted of pars. (1) to (21) stating findings of Congress.
1999—Pars. (9) to (21). Pub. L. 106–71 added pars. (9) to (21).
Subchapter effective Oct. 12, 1984, see section 670(a) of Pub. L. 98–473, set out as an Effective Date of 1984 Amendment note under section 5601 of this title.
For short title of title IV of Pub. L. 93–415, which enacted this subchapter, as the “Missing Children's Assistance Act”, see section 401 of Pub. L. 93–415, as added by Pub. L. 98–473, set out as a note under section 5601 of this title.
For the purpose of this subchapter—
(1) the term “missing child” means any individual less than 18 years of age whose whereabouts are unknown to such individual's legal custodian;
(2) the term “Administrator” means the Administrator of the Office of Juvenile Justice and Delinquency Prevention; and
(3) the term “Center” means the National Center for Missing and Exploited Children.
(Pub. L. 93–415, title IV, §403, as added Pub. L. 98–473, title II, §660, Oct. 12, 1984, 98 Stat. 2126; amended Pub. L. 106–71, §2(b), Oct. 12, 1999, 113 Stat. 1034; Pub. L. 109–248, title I, §154(b), July 27, 2006, 120 Stat. 611; Pub. L. 109–295, title VI, §689b(c), Oct. 4, 2006, 120 Stat. 1450.)
A prior section 403 of Pub. L. 93–415 amended section 3883 of this title, and was repealed by Pub. L. 95–115, §10, Oct. 3, 1977, 91 Stat. 1061, and Pub. L. 107–273, div. C, title II, §12221(a)(4), Nov. 2, 2002, 116 Stat. 1894.
2006—Par. (1). Pub. L. 109–295, which directed amendment of par. (1) by striking out “or” at the end of subpar. (A), inserting “or” after the semicolon in subpar. (B), and adding after subpar. (B) subpar. (C) “the individual is an individual under 21 years of age who is displaced from the habitual residence of that individual as a result of an emergency or major disaster (as those terms are defined in section 5122 of this title).”, could not be executed because of the prior amendment by Pub. L. 109–248, see below.
Pub. L. 109–248, which directed amendment of “Section 403(1) of the Comprehensive Crime Control Act of 1984 (42 U.S.C. 5772)” by substituting a semicolon at end for “if—” through subpar. (B), was executed by substituting a semicolon for “if—”and subpars. (A) and (B) of par. (1) of this section, which is section 403 of the Juvenile Justice and Delinquency Prevention Act of 1974, Pub. L. 93–415, as added by section 660 of the Comprehensive Crime Control Act of 1984, to reflect the probable intent of Congress. Prior to amendment, subpars. (A) and (B) read as follows:
“(A) the circumstances surrounding such individual's disappearance indicate that such individual may possibly have been removed by another from the control of such individual's legal custodian without such custodian's consent; or
“(B) the circumstances of the case strongly indicate that such individual is likely to be abused or sexually exploited;”.
1999—Par. (3). Pub. L. 106–71 added par. (3).
The Administrator shall—
(1) issue such rules as the Administrator considers necessary or appropriate to carry out this subchapter;
(2) make such arrangements as may be necessary and appropriate to facilitate effective coordination among all federally funded programs relating to missing children (including the preparation of an annual comprehensive plan for facilitating such coordination);
(3) provide for the furnishing of information derived from the national toll-free telephone line, established under subsection (b)(1) of this section, to appropriate entities;
(4) provide adequate staff and agency resources which are necessary to properly carry out the responsibilities pursuant to this subchapter; and
(5) not later than 180 days after the end of each fiscal year, submit a report to the President, Speaker of the House of Representatives, and the President pro tempore of the Senate—
(A) containing a comprehensive plan for facilitating cooperation and coordination in the succeeding fiscal year among all agencies and organizations with responsibilities related to missing children;
(B) identifying and summarizing effective models of Federal, State, and local coordination and cooperation in locating and recovering missing children;
(C) identifying and summarizing effective program models that provide treatment, counseling, or other aid to parents of missing children or to children who have been the victims of abduction;
(D) describing how the Administrator satisfied the requirements of paragraph (4) in the preceding fiscal year;
(E) describing in detail the number and types of telephone calls received in the preceding fiscal year over the national toll-free telephone line established under subsection (b)(1)(A) of this section and the number and types of communications referred to the national communications system established under section 5714–11 of this title;
(F) describing in detail the activities in the preceding fiscal year of the national resource center and clearinghouse established under subsection (b)(2) of this section;
(G) describing all the programs for which assistance was provided under section 5775 of this title in the preceding fiscal year;
(H) summarizing the results of all research completed in the preceding year for which assistance was provided at any time under this subchapter; and
(I)(i) identifying each clearinghouse with respect to which assistance is provided under section 5775(a)(9) of this title in the preceding fiscal year;
(ii) describing the activities carried out by such clearinghouse in such fiscal year;
(iii) specifying the types and amounts of assistance (other than assistance under section 5775(a)(9) of this title) received by such clearinghouse in such fiscal year; and
(iv) specifying the number and types of missing children cases handled (and the number of such cases resolved) by such clearinghouse in such fiscal year and summarizing the circumstances of each such cases.1
The Administrator shall annually make a grant to the Center, which shall be used to—
(A)(i) operate a national 24-hour toll-free telephone line by which individuals may report information regarding the location of any missing child, and request information pertaining to procedures necessary to reunite such child with such child's legal custodian; and
(ii) coordinate the operation of such telephone line with the operation of the national communications system referred to in part C of subchapter III;
(B) operate the official national resource center and information clearinghouse for missing and exploited children;
(C) provide to State and local governments, and public and private nonprofit agencies, and individuals, information regarding—
(i) free or low-cost legal, restaurant, lodging, and transportation services that are available for the benefit of missing and exploited children and their families; and
(ii) the existence and nature of programs being carried out by Federal agencies to assist missing and exploited children and their families;
(D) coordinate public and private programs that locate, recover, or reunite missing children with their families;
(E) disseminate, on a national basis, information relating to innovative and model programs, services, and legislation that benefit missing and exploited children;
(F) based solely on reports received by the National Center for Missing and Exploited Children (NCMEC), and not involving any data collection by NCMEC other than the receipt of those reports, annually provide to the Department of Justice's Office of Juvenile Justice and Delinquency Prevention—
(i) the number of children nationwide who are reported to NCMEC as missing;
(ii) the number of children nationwide who are reported to NCMEC as victims of non-family abductions;
(iii) the number of children nationwide who are reported to NCMEC as victims of parental kidnappings; and
(iv) the number of children recovered nationwide whose recovery was reported to NCMEC;
(G) provide, at the request of State and local governments, and public and private nonprofit agencies, guidance on how to facilitate the lawful use of school records and birth certificates to identify and locate missing children;
(H) provide technical assistance and training to law enforcement agencies, State and local governments, elements of the criminal justice system, public and private nonprofit agencies, and individuals in the prevention, investigation, prosecution, and treatment of cases involving missing and exploited children;
(I) provide assistance to families and law enforcement agencies in locating and recovering missing and exploited children, both nationally and, in cooperation with the Department of State, internationally;
(J) provide analytical support and technical assistance to law enforcement agencies through searching public records databases in locating and recovering missing and exploited children and helping to locate and identify abductors;
(K) provide direct on-site technical assistance and consultation to law enforcement agencies in child abduction and exploitation cases;
(L) provide forensic technical assistance and consultation to law enforcement and other agencies in the identification of unidentified deceased children through facial reconstruction of skeletal remains and similar techniques;
(M) track the incidence of attempted child abductions in order to identify links and patterns, and provide such information to law enforcement agencies;
(N) provide training and assistance to law enforcement agencies in identifying and locating non-compliant sex offenders;
(O) facilitate the deployment of the National Emergency Child Locator Center to assist in reuniting missing children with their families during periods of national disasters;
(P) operate a cyber tipline to provide online users and electronic service providers an effective means of reporting Internet-related child sexual exploitation in the areas of—
(i) possession, manufacture, and distribution of child pornography;
(ii) online enticement of children for sexual acts;
(iii) child prostitution;
(iv) sex tourism involving children;
(v) extrafamilial child sexual molestation;
(vi) unsolicited obscene material sent to a child;
(vii) misleading domain names; and
(viii) misleading words or digital images on the Internet,
and subsequently to transmit such reports, including relevant images and information, to the appropriate international, Federal, State or local law enforcement agency for investigation;
(Q) work with law enforcement, Internet service providers, electronic payment service providers, and others on methods to reduce the distribution on the Internet of images and videos of sexually exploited children;
(R) operate a child victim identification program in order to assist the efforts of law enforcement agencies in identifying victims of child pornography and other sexual crimes; and
(S) develop and disseminate programs and information to the general public, schools, public officials, youth-serving organizations, and nonprofit organizations, directly or through grants or contracts with public agencies and public and private nonprofit organizations, on—
(i) the prevention of child abduction and sexual exploitation; and
(ii) internet safety.
There is authorized to be appropriated to the Administrator to carry out this subsection, $40,000,000 for fiscal year 2008 and such sums as may be necessary for fiscal years 2009 through 2013.
The Administrator, either by making grants to or entering into contracts with public agencies or nonprofit private agencies, shall—
(1) periodically conduct national incidence studies to determine for a given year the actual number of children reported missing each year, the number of children who are victims of abduction by strangers, the number of children who are the victims of parental kidnapings, and the number of children who are recovered each year; and
(2) provide to State and local governments, public and private nonprofit agencies, and individuals information to facilitate the lawful use of school records and birth certificates to identify and locate missing children.
Nothing contained in this subchapter shall be construed to grant to the Administrator any law enforcement responsibility or supervisory authority over any other Federal agency.
(Pub. L. 93–415, title IV, §404, as added Pub. L. 98–473, title II, §660, Oct. 12, 1984, 98 Stat. 2126; amended Pub. L. 100–690, title VII, §7285, Nov. 18, 1988, 102 Stat. 4459; Pub. L. 101–204, title X, §1004(2), Dec. 7, 1989, 103 Stat. 1828; Pub. L. 106–71, §2(c), Oct. 12, 1999, 113 Stat. 1034; Pub. L. 107–273, div. C, title II, §12221(b)(2), Nov. 2, 2002, 116 Stat. 1894; Pub. L. 108–21, title III, §§321(b), 323, Apr. 30, 2003, 117 Stat. 664, 665; Pub. L. 108–96, title II, §202(a), Oct. 10, 2003, 117 Stat. 1172; Pub. L. 110–240, §3, June 3, 2008, 122 Stat. 1561.)
A prior section 404 of Pub. L. 93–415 amended section 3882 of this title, and was repealed by Pub. L. 95–115, §10, Oct. 3, 1977, 91 Stat. 1061, and Pub. L. 107–273, div. C, title II, §12221(a)(4), Nov. 2, 2002, 116 Stat. 1894.
2008—Subsec. (b)(1). Pub. L. 110–240, §3(1), amended par. (1) generally. Prior to amendment, par. (1) consisted of subpars. (A) to (H) relating to annual grants to Center.
Subsec. (b)(2). Pub. L. 110–240, §3(2), substituted “$40,000,000 for fiscal year 2008 and such sums as may be necessary for fiscal years 2009 through 2013” for “$20,000,000 for each of the fiscal years 2004 through 2008”.
2003—Subsec. (b)(1)(H). Pub. L. 108–21, §323, added subpar. (H).
Subsec. (b)(2). Pub. L. 108–96 substituted “2008” for “2005”.
Pub. L. 108–21, §321(b), substituted “$20,000,000 for each of the fiscal years 2004 through 2005” for “$10,000,000 for each of fiscal years 2000, 2001, 2002, and 2003”.
2002—Subsec. (a)(5)(E). Pub. L. 107–273 substituted “section 5714–11” for “section 5712a”.
1999—Subsecs. (b) to (d). Pub. L. 106–71 added subsecs. (b) and (c), redesignated former subsec. (c) as (d), and struck out former subsec. (b) which related to the establishment of toll-free telephone line and national resource center and clearinghouse, conduct of national incidence studies, and use of school records and birth certificates.
1989—Subsec. (a)(5)(C). Pub. L. 101–204, §1004(2)(A), substituted semicolon for comma at end.
Subsec. (b)(2)(A). Pub. L. 101–204, §1004(2)(B), inserted “to” before “provide to State”.
1988—Subsec. (a)(3). Pub. L. 100–690, §7285(a)(1), struck out “law enforcement” before “entities”.
Subsec. (a)(4). Pub. L. 100–690, §7285(a)(2), inserted “and” at end.
Subsec. (a)(5). Pub. L. 100–690, §7285(a)(3), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “analyze, compile, publish, and disseminate an annual summary of recently completed research, research being conducted, and Federal, State, and local demonstration projects relating to missing children with particular emphasis on—
“(A) effective models of local, State, and Federal coordination and cooperation in locating missing children;
“(B) effective programs designed to promote community awareness of the problem of missing children;
“(C) effective programs to prevent the abduction and sexual exploitation of children (including parent, child, and community education); and
“(D) effective program models which provide treatment, counseling, or other aid to parents of missing children or to children who have been the victims of abduction or sexual exploitation; and”.
Subsec. (a)(6). Pub. L. 100–690, §7285(a)(4), struck out par. (6), which read as follows: “prepare, in conjunction with and with the final approval of the Advisory Board on Missing Children, an annual comprehensive plan for facilitating cooperation and coordination among all agencies and organizations with responsibilities related to missing children.”
Subsec. (b)(1). Pub. L. 100–690, §7285(b)(1), designated existing provisions as subpar. (A), inserted “24-hour” after “national” and “and” at end, and added subpar. (B).
Subsec. (b)(2)(A). Pub. L. 100–690, §7285(b)(2)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “to provide technical assistance to local and State governments, public and private nonprofit agencies, and individuals in locating and recovering missing children;”.
Subsec. (b)(2)(D). Pub. L. 100–690, §7285(b)(2)(B), inserted “and training” after “assistance” and “and in locating and recovering missing children” before semicolon.
Subsec. (b)(4). Pub. L. 100–690, §7285(b)(3), (4), added par. (4).
Amendment by Pub. L. 107–273 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. 107–273, as amended, set out as a note under section 5601 of this title.
Amendment by Pub. L. 100–690 effective Oct. 1, 1988, with the report required by subsec. (a)(5) of this section with respect to fiscal year 1988 to be submitted not later than Aug. 1, 1989, notwithstanding the 180-day period provided in subsec. (a)(5) of this section, see section 7296(a), (b)(3) of Pub. L. 100–690, as amended, set out as a note under section 5601 of this title.
For termination, effective May 15, 2000, of provisions in subsec. (a)(5) of this section relating to submittal of annual report to the Speaker of the House of Representatives and the President pro tempore of the Senate, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 2nd item on page 122 of House Document No. 103–7.
1 So in original. Probably should be “case.”
Section, Pub. L. 93–415, title IV, §405, as added Pub. L. 98–473, title II, §660, Oct. 12, 1984, 98 Stat. 2127, provided for an Advisory Board on Missing Children.
Repeal effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100–690, set out as an Effective Date of 1988 Amendment note under section 5601 of this title.
The Administrator is authorized to make grants to and enter into contracts with the Center and with public agencies or nonprofit private organizations, or combinations thereof, for research, demonstration projects, or service programs designed—
(1) to educate parents, children, and community agencies and organizations in ways to prevent the abduction and sexual exploitation of children;
(2) to provide information to assist in the locating and return of missing children;
(3) to aid communities in the collection of materials which would be useful to parents in assisting others in the identification of missing children;
(4) to increase knowledge of and develop effective treatment pertaining to the psychological consequences, on both parents and children, of—
(A) the abduction of a child, both during the period of disappearance and after the child is recovered; and
(B) the sexual exploitation of a missing child;
(5) to collect detailed data from selected States or localities on the actual investigative practices utilized by law enforcement agencies in missing children's cases;
(6) to address the particular needs of missing children by minimizing the negative impact of judicial and law enforcement procedures on children who are victims of abuse or sexual exploitation and by promoting the active participation of children and their families in cases involving abuse or sexual exploitation of children;
(7) to address the needs of missing children (as defined in section 5772(1)(A) of this title) and their families following the recovery of such children;
(8) to reduce the likelihood that individuals under 18 years of age will be removed from the control of such individuals’ legal custodians without such custodians’ consent; and
(9) to establish or operate statewide clearinghouses to assist in locating and recovering missing children.
In considering grant applications under this subchapter, the Administrator shall give priority to applicants who—
(1) have demonstrated or demonstrate ability in—
(A) locating missing children or locating and reuniting missing children with their legal custodians;
(B) providing other services to missing children or their families; or
(C) conducting research relating to missing children; and
(2) with respect to subparagraphs (A) and (B) of paragraph (1), substantially utilize volunteer assistance.
The Administrator shall give first priority to applicants qualifying under subparagraphs (A) and (B) of paragraph (1).
In order to receive assistance under this subchapter for a fiscal year, applicants shall give assurance that they will expend, to the greatest extent practicable, for such fiscal year an amount of funds (without regard to any funds received under any Federal law) that is not less than the amount of funds they received in the preceding fiscal year from State, local, and private sources.
(Pub. L. 93–415, title IV, §405, formerly §406, as added Pub. L. 98–473, title II, §660, Oct. 12, 1984, 98 Stat. 2128; renumbered §405 and amended Pub. L. 100–690, title VII, §§7287, 7290(a), Nov. 18, 1988, 102 Stat. 4460, 4461; Pub. L. 101–204, title X, §1004(3), Dec. 7, 1989, 103 Stat. 1828; Pub. L. 106–71, §2(d), Oct. 12, 1999, 113 Stat. 1035.)
A prior section 405 of Pub. L. 93–415 was classified to section 5774 of this title prior to repeal by Pub. L. 100–690, title VII, §7286, Nov. 18, 1988, 102 Stat. 4460.
1999—Subsec. (a). Pub. L. 106–71 inserted “the Center and with” before “public agencies” in introductory provisions.
1989—Subsec. (a)(9). Pub. L. 101–204 substituted “clearinghouses” for “clearinghouse”.
1988—Subsec. (a)(7) to (9). Pub. L. 100–690, §7287, added pars. (7) to (9).
Amendment by Pub. L. 100–690 effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100–690, set out as a note under section 5601 of this title.
In carrying out the programs authorized by this subchapter, the Administrator shall establish—
(1) annual research, demonstration, and service program priorities for making grants and contracts pursuant to section 5775 of this title; and
(2) criteria based on merit for making such grants and contracts.
Not less than 60 days before establishing such priorities and criteria, the Administrator shall publish in the Federal Register for public comment a statement of such proposed priorities and criteria.
No grant or contract exceeding $50,000 shall be made under this subchapter unless the grantee or contractor has been selected by a competitive process which includes public announcement of the availability of funds for such grant or contract, general criteria for the selection of recipients or contractors, and a description of the application process and application review process.
Multiple grants or contracts to the same grantee or contractor within any 1 year to support activities having the same general purpose shall be deemed to be a single grant for the purpose of this subsection, but multiple grants or contracts to the same grantee or contractor to support clearly distinct activities shall be considered separate grants or contractors.1
(Pub. L. 93–415, title IV, §406, formerly §407, as added Pub. L. 98–473, title II, §660, Oct. 12, 1984, 98 Stat. 2129; renumbered §406 and amended Pub. L. 100–690, title VII, §§7288, 7290, Nov. 18, 1988, 102 Stat. 4461.)
A prior section 406 of Pub. L. 93–415 was renumbered section 405 and is classified to section 5775 of this title.
1988—Pub. L. 100–690, §7290(b), which purported to make technical amendment to reference to section 5775 of this title to reflect renumbering of corresponding section of original act, could not be executed to text because of general amendment of section by Pub. L. 100–690, §7288, see below.
Pub. L. 100–690, §7288, amended section generally. Prior to amendment, section read as follows: “The Administrator, in consultation with the Advisory Board, shall establish annual research, demonstration, and service program priorities for making grants and contracts pursuant to section 5775 of this title and, not less than 60 days before establishing such priorities, shall publish in the Federal Register for public comment a statement of such proposed priorities.”
Amendment by Pub. L. 100–690 effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100–690, set out as a note under section 5601 of this title.
1 So in original. Probably should be “contracts.”
Section, Pub. L. 93–415, title IV, §407, as added Pub. L. 103–322, title XVII, §170303(2), Sept. 13, 1994, 108 Stat. 2043, established the Missing and Exploited Children's Task Force.
To carry out the provisions of this subchapter, there are authorized to be appropriated such sums as may be necessary for fiscal years 2008 through 2013.
The Administrator may use not more than 5 percent of the amount appropriated for a fiscal year under subsection (a) of this section to conduct an evaluation of the effectiveness of the programs and activities established and operated under this subchapter.
(Pub. L. 93–415, title IV, §407, formerly §408, as added Pub. L. 98–473, title II, §660, Oct. 12, 1984, 98 Stat. 2129; renumbered §407 and amended Pub. L. 100–690, title VII, §§7289, 7290(a), Nov. 18, 1988, 102 Stat. 4461; Pub. L. 101–204, title X, §1001(e)(3), Dec. 7, 1989, 103 Stat. 1827; Pub. L. 102–586, §4, Nov. 4, 1992, 106 Stat. 5027; renumbered §408, Pub. L. 103–322, title XVII, §170303(1), Sept. 13, 1994, 108 Stat. 2043; Pub. L. 104–235, title II, §231(a), Oct. 3, 1996, 110 Stat. 3092; Pub. L. 106–71, §2(e), Oct. 12, 1999, 113 Stat. 1035; Pub. L. 108–21, title III, §321(a), Apr. 30, 2003, 117 Stat. 664; Pub. L. 108–96, title II, §202(b), Oct. 10, 2003, 117 Stat. 1172; renumbered §407 and amended Pub. L. 110–240, §§4, 5(2), June 3, 2008, 122 Stat. 1563, 1564.)
A prior section 407 of Pub. L. 93–415 was classified to section 5776a prior to repeal by Pub. L. 110–240, §5(1), June 3, 2008, 122 Stat. 1564.
2008—Subsec. (a). Pub. L. 110–240, §4, which directed substitution of “2008 through 2013” for “2007 through 2008”, was executed by making the substitution for “2004 through 2008”, to reflect the probable intent of Congress.
2003—Subsec. (a). Pub. L. 108–96 substituted “2008” for “2005.”
Pub. L. 108–21 substituted “fiscal years 2004 through 2005.” for “fiscal years 2000 through 2003”.
1999—Subsec. (a). Pub. L. 106–71 substituted “2000 through 2003” for “1997 through 2001”.
1996—Pub. L. 104–235 designated existing provisions as subsec. (a), inserted heading, substituted “1997 through 2001” for “1993, 1994, 1995, and 1996”, and added subsec. (b).
1992—Pub. L. 102–586 substituted “fiscal years 1993, 1994, 1995, and 1996” for “fiscal years 1989, 1990, 1991, and 1992”.
1989—Pub. L. 101–204 amended directory language of Pub. L. 100–690, §7289(3), see 1988 Amendment note below.
1988—Pub. L. 100–690, §7289, as amended by Pub. L. 101–204, struck out “$10,000,000 for fiscal year 1985, and” after “appropriated” and “1986, 1987, and 1988” after “fiscal years” and inserted “1989, 1990, 1991, and 1992”.
Amendment by Pub. L. 100–690 effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100–690, set out as a note under section 5601 of this title.
Section, Pub. L. 93–415, title IV, §409, formerly §408, as added Pub. L. 100–690, title VII, §7291, Nov. 18, 1988, 102 Stat. 4461; renumbered §409, Pub. L. 103–322, title XVII, §170303(1), Sept. 13, 1994, 108 Stat. 2043, related to special study and report to determine obstacles that prevent or impede individuals who have legal custody of children from recovering children from parents who have removed children from such individuals in violation of law.
Each Federal, State, and local law enforcement agency shall report each case of a missing child under the age of 21 reported to such agency to the National Crime Information Center of the Department of Justice.
The Attorney General may establish guidelines for the collection of such reports including procedures for carrying out the purposes of this section and section 5780 of this title.1
The Attorney General shall publish an annual statistical summary of the reports received under this section and section 5780 of this title.
(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.)
This section and section 5780 of this title, referred to in subsec. (b), was in the original “this Act”, and was translated as reading “this title”, meaning title XXXVII of Pub. L. 101–647, which enacted this section and section 5780 of this title, to reflect the probable intent of Congress.
Section was enacted as part of the Crime Control Act of 1990, and not as part of the Missing Children's Assistance Act which comprises this subchapter, nor as part of the Juvenile Justice and Delinquency Prevention Act of 1974 which comprises this chapter.
2003—Subsec. (a). Pub. L. 108–21 substituted “age of 21” for “age of 18”.
1 See References in Text note below.
Each State reporting under the provisions of this section and section 5779 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 or the National Crime Information Center computer database based solely on the age of the person; and 1
(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) the date and location of the last known contact with the child; and
(C) the category under which the child is reported missing;
is entered within 2 hours of receipt into the State law enforcement system and the National Crime Information Center computer networks 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 (2), the law enforcement agency that entered the report into the National Crime Information Center shall—
(A) no later than 60 days after the original entry of the record into the State law enforcement system and National Crime Information Center computer networks, verify and update such record with any additional information, including, where available, medical and dental records;
(B) institute or assist with appropriate search and investigative procedures; and
(C) maintain close liaison with the National Center for Missing and Exploited Children for the exchange of information and technical assistance in the missing children cases.
(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.)
Section was enacted as part of the Crime Control Act of 1990, and not as part of the Missing Children's Assistance Act which comprises this subchapter, nor as part of the Juvenile Justice and Delinquency Prevention Act of 1974 which comprises this chapter.
2006—Pub. L. 109–248 added par. (2), redesignated former pars. (2) and (3) as (3) and (4), respectively, and substituted “within 2 hours of receipt” for “immediately” in concluding provisions of par. (3).
1 So in original. The word “and” probably should not appear.
An Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.) may authorize staff to assist the National Center for Missing and Exploited Children—
(1) by conducting reviews of inactive case files to develop recommendations for further investigations; and
(2) by engaging in similar activities.
An Inspector General may not permit staff to engage in activities described in subsection (a) if such activities will interfere with the duties of the Inspector General under the Inspector General Act of 1978 (5 U.S.C. App.).
No additional funds are authorized to be appropriated to carry out this section.
(Pub. L. 101–647, title XXXVII, §3703, as added Pub. L. 110–344, §9, Oct. 7, 2008, 122 Stat. 3936.)
The Inspector General Act of 1978, referred to in text, is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, which is set out in the Appendix to Title 5, Government Organization and Employees.
Section was enacted as part of the Crime Control Act of 1990, and not as part of the Missing Children's Assistance Act which comprises this subchapter, nor as part of the Juvenile Justice and Delinquency Prevention Act of 1974 which comprises this chapter.