II 

113TH CONGRESS 

1ST SESSION H. R. 3092 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 18, 2013 

Received 

AN ACT 

To amend the Missing Children’s Assistance Act, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘E. Clay Shaw, Jr. 

3 Missing Children’s Assistance Reauthorization Act of 

4 2013’’. 

5 SEC. 2. AMENDMENTS. 

6 (a) FINDINGS.—Section 402 of the Missing Chil7 dren’s Assistance Act (42 U.S.C. 5771) is amended— 

8 (1) by redesignating paragraphs (3) through 

9 (9) as paragraphs (4) through (10), respectively, 

10 and 

11 (2) by inserting after paragraph (2) the fol12 lowing: 

13 ‘‘(3) many missing children are runaways;’’. 

14 (b) DUTIES AND FUNCTIONS OF ADMINISTRATOR.— 

15 Section 404 of the Missing Children’s Assistance Act (42 

16 U.S.C. 5773) is amended— 

17 (1) in subsection (a)— 

18 (A) in paragraph(5)— 

19 (i) by striking ‘‘Representatives, and’’ 

20 and inserting ‘‘Representatives, the Com21 mittee on Education and the Workforce of 

22 the House of Representatives,’’, and 

23 (ii) by inserting ‘‘, and the Committee 

24 on the Judiciary of the Senate’’ after 

25 ‘‘Senate’’, 


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1 (B) by redesignating paragraphs (4) and 

2 (5) as (5) and (6), respectively, and 

3 (C) by inserting after paragraph (3) the 

4 following: 

5 ‘‘(4) coordinate with the United States Inter6 agency Council on Homelessness to ensure that 

7 homeless services professionals are aware of edu8 cational resources and assistance provided by the 

9 Center regarding child sexual exploitation;’’, 

10 (2) in subsection (b)— 

11 (A) in paragraph (1)— 

12 (i) in subparagraph (C)— 

13 (I) by striking ‘‘and’’ after ‘‘gov14 ernments,’’, and 

15 (II) by inserting ‘‘State and local 

16 educational agencies,’’ after ‘‘agen17 cies,’’, 

18 (ii) in subparagraph (R) by striking 

19 ‘‘and’’ at the end, 

20 (iii) in subparagraph (S) by striking 

21 the period at the end and inserting a semi22 colon, and 

23 (iv) by adding at the end the fol24 lowing: 


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1 ‘‘(T) provide technical assistance and 

2 training to State and local law enforcement 

3 agencies and statewide clearinghouses to coordi4 nate with State and local educational agencies 

5 in identifying and recovering missing children; 

6 ‘‘(U) assist the efforts of law enforcement 

7 agencies in coordinating with child welfare 

8 agencies to respond to foster children missing 

9 from the State welfare system; and 

10 ‘‘(V) provide technical assistance to law en11 forcement agencies and first responders in iden12 tifying, locating, and recovering victims of, and 

13 children at risk for, child sex trafficking.’’, and 

14 (B) by amending paragraph (2) to read as 

15 follows: 

16 ‘‘(2) LIMITATION.— 

17 ‘‘(A) IN GENERAL.—Notwithstanding any 

18 other provision of law, no Federal funds may be 

19 used to pay the compensation of an individual 

20 employed by the Center if such compensation, 

21 as determined at the beginning of each grant 

22 year, exceeds 110 percent of the maximum an23 nual salary payable to a member of the Federal 

24 Government’s Senior Executive Service (SES) 

25 for that year. The Center may compensate an 


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1 employee at a higher rate provided the amount 

2 in excess of this limitation is paid with non3 Federal funds. 

4 ‘‘(B) DEFINITION OF COMPENSATION.— 

5 For the purpose of this paragraph, the term 

6 ‘compensation’— 

7 ‘‘(i) includes salary, bonuses, periodic 

8 payments, severance pay, the value of a 

9 compensatory or paid leave benefit not ex10 cluded by clause (ii), and the fair market 

11 value of any employee perquisite or benefit 

12 not excluded by clause (ii); and 

13 ‘‘(ii) excludes any Center expenditure 

14 for health, medical, or life insurance, or 

15 disability or retirement pay, including pen16 sions benefits.’’, 

17 (3) in subsection (c)(1)— 

18 (A) by striking ‘‘periodically’’ and inserting 

19 ‘‘triennially’’, and 

20 (B) by striking ‘‘kidnapings’’ and inserting 

21 ‘‘kidnappings’’, and 

22 (4) in subsection (c)(2) by inserting ‘‘, in com23 pliance with the Family Educational Rights and Pri24 vacy Act of 1974 (20 U.S.C. 1232g)’’ after ‘‘birth 

25 certificates’’. 


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1 (c) GRANTS.—Section 405(a) of the Missing Chil2 dren’s Assistance Act (42 U.S.C. 5775(a)) is amended— 

3 (1) in paragraph (1) by inserting ‘‘schools, 

4 school leaders, teachers, State and local educational 

5 agencies, homeless shelters and service providers,’’ 

6 after ‘‘children,’’, and 

7 (2) in paragraph (3) by inserting ‘‘and schools’’ 

8 after ‘‘communities’’. 

9 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

10 Section 407 of the Missing Children’s Assistance Act 

11 (42 U.S.C. 5777) is amended— 

12 (1) in subsection (a) by striking ‘‘such’’ and all 

13 that follows through the period at the end, and in14 serting ‘‘$40,000,000 for each of the fiscal years 

15 2014 through 2018, up to $32,200,000 of which 

16 shall be used to carry out section 404(b) for each 

17 such fiscal year.’’, and 

18 (2) by striking ‘‘SEC. 407’’ and inserting ‘‘SEC. 

19 408’’. 

20 SEC. 4. OVERSIGHT AND ACCOUNTABILITY. 

21 The Missing Children’s Assistance Act (42 U.S.C. 

22 5771 et seq.) is amended by inserting after section 406 

23 the following: 


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1 ‘‘SEC. 407. OVERSIGHT AND ACCOUNTABILITY. 

2 ‘‘All grants awarded by the Department of Justice 

3 that are authorized under this title shall be subject to the 

4 following: 

5 ‘‘(1) AUDIT REQUIREMENT.—For 2 of the fiscal 

6 years in the period of fiscal years 2014 through 

7 2018, the Inspector General of the Department of 

8 Justice shall conduct audits of the recipient of 

9 grants under this title to prevent waste, fraud, and 

10 abuse by the grantee. 

11 ‘‘(2) MANDATORY EXCLUSION.—If the recipient 

12 of grant funds under this title is found to have an 

13 unresolved audit finding, then that entity shall not 

14 be eligible to receive grant funds under this title 

15 during the 2 fiscal years beginning after the 12- 

16 month period described in paragraph (4). 

17 ‘‘(3) REPAYMENT OF GRANT FUNDS.—If an en18 tity is awarded grant funds under this title during 

19 the 2-fiscal-year period in which the entity is barred 

20 from receiving grants under paragraph (2), the At21 torney General shall— 

22 ‘‘(A) deposit an amount equal to the grant 

23 funds that were improperly awarded to the 

24 grantee into the General Fund of the Treasury; 

25 and 


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1 ‘‘(B) seek to recoup the costs of the repay2 ment to the fund from the grant recipient that 

3 was erroneously awarded grant funds. 

4 ‘‘(4) DEFINED TERM.—In this section, the term 

5 ‘unresolved audit finding’ means an audit report 

6 finding in the final report of the Inspector General 

7 of the Department of Justice that the grantee has 

8 utilized grant funds for an unauthorized expenditure 

9 or otherwise unallowable cost that is not closed or 

10 resolved within a 12-month period beginning on the 

11 date when the final audit report is issued. 

12 ‘‘(5) NONPROFIT ORGANIZATION REQUIRE13 MENTS.— 

14 ‘‘(A) DEFINITION.—For purposes of this 

15 section and the grant programs described in 

16 this title, the term ‘nonprofit’, relating to an 

17 entity, means the entity is described in section 

18 501(c)(3) of the Internal Revenue Code of 1986 

19 and is exempt from taxation under section 

20 501(a) of such Code. 

21 ‘‘(B) PROHIBITION.—The Attorney Gen22 eral shall not award a grant under any grant 

23 program described in this title to a nonprofit 

24 organization that holds money in off-shore ac25 counts for the purpose of avoiding paying the 


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1 tax described in section 511(a) of the Internal 

2 Revenue Code of 1986. 

3 ‘‘(C) DISCLOSURE.—Each nonprofit orga4 nization that is awarded a grant under this title 

5 and uses the procedures prescribed in regula6 tions under section 53.4958-6 of title 26 of the 

7 Code of Federal Regulations to create a rebut8 table presumption of reasonableness of the com9 pensation for its officers, directors, trustees and 

10 key employees, shall disclose to the Attorney 

11 General the process for determining such com12 pensation, including the independent persons 

13 involved in reviewing and approving such com14 pensation, the comparability data used, and 

15 contemporaneous substantiation of the delibera16 tion and decision. Upon request, the Attorney 

17 General shall make the information available 

18 for public inspection. 

19 ‘‘(6) CONFERENCE EXPENDITURES.— 

20 ‘‘(A) LIMITATION.—No amounts author21 ized to be appropriated under this title may be 

22 used to host or support any expenditure for 

23 conferences that uses more than $20,000 unless 

24 the Deputy Attorney General or the appropriate 

25 Assistant Attorney General, Director, or prinVerDate Mar 15 2010 02:27 Sep 26, 2013 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3092.RDS H3092

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1 cipal deputy director as the Deputy Attorney 

2 General may designate, provides prior written 

3 authorization that the funds may be expended 

4 to host a conference. 

5 ‘‘(B) WRITTEN APPROVAL.—Written ap6 proval under subparagraph (A) shall include a 

7 written estimate of all costs associated with the 

8 conference, including the cost of all food and 

9 beverages, audio/visual equipment, honoraria 

10 for speakers, and any entertainment. 

11 ‘‘(C) REPORT.—The Deputy Attorney Gen12 eral shall submit an annual report to the Com13 mittee on the Judiciary of the Senate, the Com14 mittee on the Judiciary of the House of Rep15 resentatives, and the Committee on Education 

16 and the Workforce of the House of Representa17 tives on all conference expenditures approved by 

18 operation of this paragraph. 

19 ‘‘(7) PROHIBITION ON LOBBYING ACTIVITY.— 

20 ‘‘(A) IN GENERAL.—Amounts authorized 

21 to be appropriated under this title may not be 

22 utilized by any grant recipient to— 

23 ‘‘(i) lobby any representative of the 

24 Department of Justice regarding the 

25 award of any grant funding; or 


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1 ‘‘(ii) lobby any representative of a 

2 Federal, state, local, or tribal government 

3 regarding the award of grant funding. 

4 ‘‘(B) PENALTY.—If the Attorney General 

5 determines that any recipient of a grant under 

6 this title has violated subparagraph (A), the At7 torney General shall— 

8 ‘‘(i) require the grant recipient to 

9 repay the grant in full; and 

10 ‘‘(ii) prohibit the grant recipient from 

11 receiving another grant under this title for 

12 not less than 5 years. 

13 ‘‘(C) CLARIFICATION.—For purposes of 

14 this paragraph, submitting an application for a 

15 grant under this title shall not be considered 

16 lobbying activity in violation of subparagraph 

17 (A).’’. 

Passed the House of Representatives September 17, 

2013. 

Attest: KAREN L. HAAS, 

Clerk. 


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