E. Clay Shaw, Jr. Missing Children's Assistance Reauthorization Act of 2013

Summary: (This measure has not been amended since it passed the House on September 17, 2013.  E. Clay Shaw, Jr. Missing Children's Assistance Reauthorization Act of 2013 - (Sec. 2) Amends the Missing Children's Assistance to declare that many missing children are runaways. Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice (DOJ) to send the Office's annual report to the President and Congress specifically to the Committee on Education and the Workforce of the House of Representatives and the Committee on the Judiciary of the Senate. Requires the Administrator also to coordinate with the U.S. 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. Adds to the authorized uses of the annual grant to National Center for Missing and Exploited Children: (1) giving 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; (2) assisting the efforts of law enforcement agencies in coordinating with child welfare agencies to respond to foster children missing from the state welfare system; and (3) giving technical assistance to law enforcement agencies and first responders in identifying, locating, and recovering victims of, and children at risk for, child sex trafficking. Prohibits the use of federal funds to pay the compensation of any Center employee exceeding 110% of the maximum annual salary payable to a member of the federal government's Senior Executive Service (SES) for that year. Allows the Center to compensate an employee at a higher rate provided the amount exceeding this limitation is paid with non-federal funds. Excludes from the meaning of such compensation any health, medical, or life insurance payments, disability or retirement pay, or pensions benefits. Requires the Administrator to conduct national incidence studies triennially (currently, periodically) to determine for a given year the actual number of children reported missing, the number who are victims of abduction by strangers, the number who are the victims of parental kidnappings, and the number who are recovered each year. Requires that the Administrator's duty to provide to state and local governments, public and private nonprofit agencies, and individuals information to facilitate the lawful use of school records and birth certificates to identify and locate missing children be performed in compliance with the Family Educational Rights and Privacy Act of 1974. Authorizes the Administration to make grants or enter into contracts with the Center and with public agencies or nonprofit private organizations for research, demonstration projects, or service programs designed to: (1) educate schools, school leaders, teachers, state and local educational agencies, homeless shelters, and service providers in ways to prevent the abduction and sexual exploitation of children; and (2) aid schools in the collection of materials useful to parents in assisting others in the identification of missing children. (Sec. 3) Authorizes appropriations for FY2014-FY2018, including specified funds each year for the annual grant to the Center. (Sec. 4) Subjects grant recipients to audits by the DOJ Inspector General for two of the fiscal years between FY2014 and FY2018. Bars eligibility to receive grant funds for two fiscal years for any grant recipient found to have an unresolved audit finding that it has used grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months after the final audit report is issued. Requires the Attorney General to seek repayment from a debarred grantee of any grant funds awarded during the two-fiscal year debarment. Prohibits the Attorney General from awarding a grant to a nonprofit organization that holds money in off-shore accounts to avoid paying the tax on unrelated business income of charitable and other tax-exempt organizations. Prohibits the use of more than $20,000 of authorized funds to host or support any expenditure for conferences without prior written authorization by the Deputy Attorney General or a specified designee. Prohibits the use of authorized funds by any grant recipient to lobby: (1) any DOJ representative regarding the award of any grant funding; or (2) any representative of a federal, state, local, or tribal government regarding the award of grant funding. Requires any recipient violating this prohibition to repay the grant in full, and denies the recipient eligibility for another grant for five years.

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.