[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3092 Engrossed in House (EH)]

113th CONGRESS
  1st Session
                                H. R. 3092

_______________________________________________________________________

                                 AN ACT


 
To amend the Missing Children's Assistance Act, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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 
                        Representatives,'', and
                            (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 
                                ``governments,'', and
                                    (II) by inserting ``State and local 
                                educational agencies,'' after 
                                ``agencies,'',
                            (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:
                    ``(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 
                missing children;
                    ``(U) assist the efforts of law enforcement 
                agencies in coordinating with child welfare agencies to 
                respond to foster children missing from the State 
                welfare system; and
                    ``(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:
            ``(2) Limitation.--
                    ``(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 
                ``triennially'', and
                    (B) by striking ``kidnapings'' and inserting 
                ``kidnappings'', and
            (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 
        ``communities''.

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
            (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. OVERSIGHT AND ACCOUNTABILITY.

    ``All grants awarded by the Department of Justice that are 
authorized under this title shall be subject to the following:
            ``(1) 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) 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, 
                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) 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 not be considered lobbying activity in 
                violation of subparagraph (A).''.

            Passed the House of Representatives September 17, 2013.

            Attest:

                                                                 Clerk.
113th CONGRESS

  1st Session

                               H. R. 3092

_______________________________________________________________________

                                 AN ACT

To amend the Missing Children's Assistance Act, and for other purposes.