[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3092 Enrolled Bill (ENR)]
H.R.3092
One Hundred Thirteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and thirteen
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).''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.