[113th Congress Public Law 38]
[From the U.S. Government Printing Office]



[[Page 127 STAT. 527]]

Public Law 113-38
113th Congress

                                 An Act


 
     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 
5601 note.>> 
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:

[[Page 127 STAT. 528]]

                    ``(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

[[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,

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                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

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                not be considered lobbying activity in violation of 
                subparagraph (A).''.

    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.

                                  <all>