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[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.
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