Text: H.R.3092 — 113th Congress (2013-2014)All Information (Except Text)
Public Law No: 113-38 (09/30/2013)
[113th Congress Public Law 38]
[From the U.S. Government Printing Office]
[[Page 127 STAT. 527]]
Public Law 113-38
To amend the Missing Children's Assistance Act, and for other
purposes. <<NOTE: Sept. 30, 2013 - [H.R. 3092]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: E. Clay Shaw,
Jr. Missing Children's Assistance Reauthorization Act of 2013. 42 USC
SECTION 1. SHORT TITLE.
This Act may be cited as the ``E. Clay Shaw, Jr. Missing Children's
Assistance Reauthorization Act of 2013''.
SEC. 2. AMENDMENTS.
(a) Findings.--Section 402 of the Missing Children's Assistance Act
(42 U.S.C. 5771) is amended--
(1) by redesignating paragraphs (3) through (9) as
paragraphs (4) through (10), respectively, and
(2) by inserting after paragraph (2) the following:
``(3) many missing children are runaways;''.
(b) Duties and Functions of Administrator.--Section 404 of the
Missing Children's Assistance Act (42 U.S.C. 5773) is amended--
(1) in subsection (a)--
(A) in paragraph(5)--
(i) by striking ``Representatives, and'' and
inserting ``Representatives, the Committee on
Education and the Workforce of the House of
(ii) by inserting ``, and the Committee on the
Judiciary of the Senate'' after ``Senate'',
(B) by redesignating paragraphs (4) and (5) as (5)
and (6), respectively, and
(C) by inserting after paragraph (3) the following:
``(4) coordinate with the United States Interagency Council
on Homelessness to ensure that homeless services professionals
are aware of educational resources and assistance provided by
the Center regarding child sexual exploitation;'',
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (C)--
(I) by striking ``and'' after
(II) by inserting ``State and local
educational agencies,'' after
(ii) in subparagraph (R) by striking ``and''
at the end,
(iii) in subparagraph (S) by striking the
period at the end and inserting a semicolon, and
(iv) by adding at the end the following:
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``(T) provide technical assistance and training to
State and local law enforcement agencies and statewide
clearinghouses to coordinate with State and local
educational agencies in identifying and recovering
``(U) assist the efforts of law enforcement agencies
in coordinating with child welfare agencies to respond
to foster children missing from the State welfare
``(V) provide technical assistance to law
enforcement agencies and first responders in
identifying, locating, and recovering victims of, and
children at risk for, child sex trafficking.'', and
(B) by amending paragraph (2) to read as follows:
``(A) In general.--Notwithstanding any other
provision of law, no Federal funds may be used to pay
the compensation of an individual employed by the Center
if such compensation, as determined at the beginning of
each grant year, exceeds 110 percent of the maximum
annual salary payable to a member of the Federal
Government's Senior Executive Service (SES) for that
year. The Center may compensate an employee at a higher
rate provided the amount in excess of this limitation is
paid with non-Federal funds.
``(B) Definition of compensation.--For the purpose
of this paragraph, the term `compensation'--
``(i) includes salary, bonuses, periodic
payments, severance pay, the value of a
compensatory or paid leave benefit not excluded by
clause (ii), and the fair market value of any
employee perquisite or benefit not excluded by
clause (ii); and
``(ii) excludes any Center expenditure for
health, medical, or life insurance, or disability
or retirement pay, including pensions benefits.'',
(3) in subsection (c)(1)--
(A) by striking ``periodically'' and inserting
(B) by striking ``kidnapings'' and inserting
(4) in subsection (c)(2) by inserting ``, in compliance with
the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
1232g)'' after ``birth certificates''.
(c) Grants.--Section 405(a) of the Missing Children's Assistance Act
(42 U.S.C. 5775(a)) is amended--
(1) in paragraph (1) by inserting ``schools, school leaders,
teachers, State and local educational agencies, homeless
shelters and service providers,'' after ``children,'', and
(2) in paragraph (3) by inserting ``and schools'' after
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
Section 407 of the Missing Children's Assistance Act (42 U.S.C.
5777) is amended--
(1) in subsection (a) by striking ``such'' and all that
follows through the period at the end, and inserting
``$40,000,000 for each of the fiscal years 2014 through 2018, up
to $32,200,000 of which shall be used to carry out section
404(b) for each such fiscal year.'', and
[[Page 127 STAT. 529]]
(2) by striking ``sec. 407'' and inserting ``sec. 408''.
SEC. 4. OVERSIGHT AND ACCOUNTABILITY.
The Missing Children's Assistance Act (42 U.S.C. 5771 et seq.) is
amended by inserting after section 406 the following:
``SEC. 407. <<NOTE: 42 USC 5776a.>> OVERSIGHT AND ACCOUNTABILITY.
``All grants <<NOTE: Grants.>> awarded by the Department of Justice
that are authorized under this title shall be subject to the following:
``(1) <<NOTE: Time period.>> Audit requirement.--For 2 of
the fiscal years in the period of fiscal years 2014 through
2018, the Inspector General of the Department of Justice shall
conduct audits of the recipient of grants under this title to
prevent waste, fraud, and abuse by the grantee.
``(2) Mandatory exclusion.--If the recipient of grant funds
under this title is found to have an unresolved audit finding,
then that entity shall not be eligible to receive grant funds
under this title during the 2 fiscal years beginning after the
12-month period described in paragraph (4).
``(3) Repayment of grant funds.--If an entity is awarded
grant funds under this title during the 2-fiscal-year period in
which the entity is barred from receiving grants under paragraph
(2), the Attorney General shall--
``(A) deposit an amount equal to the grant funds
that were improperly awarded to the grantee into the
General Fund of the Treasury; and
``(B) seek to recoup the costs of the repayment to
the fund from the grant recipient that was erroneously
awarded grant funds.
``(4) <<NOTE: Time period.>> Defined term.--In this
section, the term `unresolved audit finding' means an audit
report finding in the final report of the Inspector General of
the Department of Justice that the grantee has utilized grant
funds for an unauthorized expenditure or otherwise unallowable
cost that is not closed or resolved within a 12-month period
beginning on the date when the final audit report is issued.
``(5) Nonprofit organization requirements.--
``(A) Definition.--For purposes of this section and
the grant programs described in this title, the term
`nonprofit', relating to an entity, means the entity is
described in section 501(c)(3) of the Internal Revenue
Code of 1986 and is exempt from taxation under section
501(a) of such Code.
``(B) Prohibition.--The Attorney General shall not
award a grant under any grant program described in this
title to a nonprofit organization that holds money in
off-shore accounts for the purpose of avoiding paying
the tax described in section 511(a) of the Internal
Revenue Code of 1986.
``(C) Disclosure.--Each nonprofit organization that
is awarded a grant under this title and uses the
procedures prescribed in regulations under section
53.4958-6 of title 26 of the Code of Federal Regulations
to create a rebuttable presumption of reasonableness of
the compensation for its officers, directors, trustees
and key employees, shall disclose to the Attorney
General the process for determining such compensation,
including the independent persons involved in reviewing
and approving such compensation,
[[Page 127 STAT. 530]]
the comparability data used, and contemporaneous
substantiation of the deliberation and decision. Upon
request, the Attorney General shall make the information
available for public inspection.
``(6) Conference expenditures.--
``(A) Limitation.--No amounts authorized to be
appropriated under this title may be used to host or
support any expenditure for conferences that uses more
than $20,000 unless the Deputy Attorney General or the
appropriate Assistant Attorney General, Director, or
principal deputy director as the Deputy Attorney General
may designate, provides prior written authorization that
the funds may be expended to host a conference.
``(B) <<NOTE: Estimate.>> 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, audio/visual 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, the Committee on the Judiciary
of the House of Representatives, and the Committee on
Education and the Workforce of the House of
Representatives on all conference expenditures approved
by operation of this paragraph.
``(7) Prohibition on lobbying activity.--
``(A) In general.--Amounts authorized to be
appropriated under this title may not be utilized by any
grant recipient to--
``(i) lobby any representative of the
Department of Justice regarding the award of any
grant funding; or
``(ii) lobby any representative of a Federal,
State, local, or tribal government regarding the
award of grant funding.
``(B) Penalty.--If the Attorney General determines
that any recipient of a grant under this title has
violated subparagraph (A), the Attorney General shall--
``(i) require the grant recipient to repay the
grant in full; and
``(ii) prohibit the grant recipient from
receiving another grant under this title for not
less than 5 years.
``(C) Clarification.--For purposes of this
paragraph, submitting an application for a grant under
this title shall
[[Page 127 STAT. 531]]
not be considered lobbying activity in violation of
Approved September 30, 2013.
LEGISLATIVE HISTORY--H.R. 3092:
CONGRESSIONAL RECORD, Vol. 159 (2013):
Sept. 17, considered and passed House.
Sept. 24, considered and passed Senate.