[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.