PUBLIC LAW 113–38—SEPT. 30, 2013 127 STAT. 527 

Public Law 113–38 

113th Congress 

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: 

E. Clay Shaw, Jr. 

Missing 

Children’s 

Assistance 

Reauthorization 

Act of 2013. 

42 USC 5601 

note. 

Sept. 30, 2013 

[H.R. 3092] 


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127 STAT. 528 PUBLIC LAW 113–38—SEPT. 30, 2013 

‘‘(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 


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PUBLIC LAW 113–38—SEPT. 30, 2013 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. 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 offshore 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, 

Time period. 

Time period. 

Grants. 

42 USC 5776a. 


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127 STAT. 530 PUBLIC LAW 113–38—SEPT. 30, 2013 

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 

Estimate. 


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PUBLIC LAW 113–38—SEPT. 30, 2013 127 STAT. 531 

LEGISLATIVE HISTORY—H.R. 3092: 

CONGRESSIONAL RECORD, Vol. 159 (2013): 

Sept. 17, considered and passed House. 

Sept. 24, considered and passed Senate. 

Æ 

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

Approved September 30, 2013. 


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