SUBCHAPTER IV—MISSING CHILDREN
§11291. Findings
The Congress finds that—
(1) each year tens of thousands of children run away, or are abducted or removed, from the control of a parent having legal custody without the consent of that parent, under circumstances which immediately place the child in grave danger;
(2) many missing children are at great risk of both physical harm and sexual exploitation;
(3) many missing children are runaways;
(4) growing numbers of children are the victims of child sexual exploitation, including child sex trafficking and sextortion, increasingly involving the use of new technology to access the Internet;
(5) children may be separated from their parents or legal guardians as a result of national disasters such as hurricanes and floods;
(6) sex offenders pose a threat to children; and
(7) the Office of Juvenile Justice and Delinquency Prevention administers programs under this subchapter, including programs that prevent and address offenses committed against vulnerable children and support missing children's organizations, including the National Center for Missing and Exploited Children that—
(A) serves as a nonprofit, national resource center and clearinghouse to provide assistance to victims, families, child-serving professionals, and the general public;
(B) works with the Department of Justice, the Federal Bureau of Investigation, the United States Marshals Service, the Department of the Treasury, the Department of State, U.S. Immigration and Customs Enforcement, the United States Secret Service, the United States Postal Inspection Service, other agencies, and nongovernmental organizations in the effort to find missing children and to prevent child victimization; and
(C) coordinates with each of the missing children clearinghouses operated by the 50 States, the District of Columbia, Puerto Rico, and international organizations to transmit images and information regarding missing and exploited children to law enforcement agencies, nongovernmental organizations, and corporate partners across the United States and around the world instantly.
(Pub. L. 93–415, title IV, §402, as added Pub. L. 98–473, title II, §660, Oct. 12, 1984, 98 Stat. 2125; amended Pub. L. 106–71, §2(a), Oct. 12, 1999, 113 Stat. 1032; Pub. L. 108–96, title II, §201, Oct. 10, 2003, 117 Stat. 1171; Pub. L. 110–240, §2, June 3, 2008, 122 Stat. 1560; Pub. L. 113–38, §2(a), Sept. 30, 2013, 127 Stat. 527; Pub. L. 115–267, §2(a), Oct. 11, 2018, 132 Stat. 3756; Pub. L. 115–393, title II, §202(a), Dec. 21, 2018, 132 Stat. 5267.)
Editorial Notes
Codification
Section was formerly classified to section 5771 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior Provisions
A prior section 402 of Pub. L. 93–415 amended section 3888 of Title 42, The Public Health and Welfare, and repealed section 3889 of Title 42, and was repealed by Pub. L. 95–115, §10, Oct. 3, 1977, 91 Stat. 1061, and Pub. L. 107–273, div. C, title II, §12221(a)(4), Nov. 2, 2002, 116 Stat. 1894.
Amendments
2018—Pub. L. 115–393 made amendments to this section substantially identical to those made by Pub. L. 115–267, §2(a). See Amendment notes below. Text of section is based on amendments by Pub. L. 115–267.
Par. (1). Pub. L. 115–267, §2(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "each year thousands of children are abducted or removed from the control of a parent having legal custody without such parent's consent, under circumstances which immediately place the child in grave danger;".
Par. (4). Pub. L. 115–267, §2(a)(2)–(4), redesignated par. (6) as (4), inserted ", including child sex trafficking and sextortion" after "exploitation", and struck out former par. (4) which read as follows: "in many cases, parents and local law enforcement officials have neither the resources nor the expertise to mount expanded search efforts;".
Par. (5). Pub. L. 115–267, §2(a)(2), (3), redesignated par. (7) as (5) and struck out former par. (5) which read as follows: "abducted children are frequently moved from one locality to another, requiring the cooperation and coordination of local, State, and Federal law enforcement efforts;".
Par. (6). Pub. L. 115–267, §2(a)(3), (5), redesignated par. (8) as (6) and inserted "and" at end. Former par. (6) redesignated (4).
Par. (7). Pub. L. 115–267, §2(a)(3), (6), redesignated par. (10) as (7) and amended it generally. Prior to amendment, text related to the National Center for Missing and Exploited Children. Former par. (7) redesignated (5).
Pars. (8) to (10). Pub. L. 115–267, §2(a)(2), (3), redesignated pars. (8) and (10) as (6) and (7), respectively, and struck out par. (9) which read as follows: "the Office of Juvenile Justice and Delinquency Prevention administers programs under this chapter through the Child Protection Division, including programs which prevent or address offenses committed against vulnerable children and which support missing children's organizations; and".
2013—Pub. L. 113–38 added par. (3) and redesignated former pars. (3) to (9) as (4) to (10), respectively.
2008—Pub. L. 110–240 amended section generally. Prior to amendment, section consisted of pars. (1) to (5) stating findings of Congress concerning missing or abducted children and the role of the National Center for Missing and Exploited Children.
2003—Pub. L. 108–96 amended section generally. Prior to amendment, section consisted of pars. (1) to (21) stating findings of Congress.
1999—Pars. (9) to (21). Pub. L. 106–71 added pars. (9) to (21).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Pub. L. 115–267, §4, Oct. 11, 2018, 132 Stat. 3760, provided that:
"(a) Effective Date.—Except as provided in subsection (b), this Act [see section 1 of Pub. L. 115–267, set out as a Short Title of 2018 Amendment note under section 10101 of this title] and the amendments made by this Act shall take effect on the date of the enactment of this Act [Oct. 11, 2018].
"(b) Application of Amendments.—The amendments made by section 2 [enacting section 11295a of this title and amending this section and sections 11292 to 11294, 11296, and 11297 of this title] shall apply with respect to fiscal years that begin after September 30, 2018."
Effective Date
Subchapter effective Oct. 12, 1984, see section 670(a) of Pub. L. 98–473, set out as an Effective Date of 1984 Amendment note under section 11101 of this title.
Short Title
For short title of title IV of Pub. L. 93–415, which is classified to this subchapter, as the "Missing Children's Assistance Act", see section 401 of Pub. L. 93–415, set out as a Short Title of 1974 Act note under section 10101 of this title.
§11292. Definitions
For the purpose of this subchapter—
(1) the term "missing child" means any individual less than 18 years of age whose whereabouts are unknown to such individual's parent;
(2) the term "Administrator" means the Administrator of the Office of Juvenile Justice and Delinquency Prevention;
(3) the term "Center" means the National Center for Missing and Exploited Children;
(4) the term "parent" includes a legal guardian or other individual who may lawfully exercise parental rights with respect to the child; and
(5) the term "child sexual abuse material" has the meaning given the term "child pornography" in section 2256 of title 18; 1
(Pub. L. 93–415, title IV, §403, as added Pub. L. 98–473, title II, §660, Oct. 12, 1984, 98 Stat. 2126; amended Pub. L. 106–71, §2(b), Oct. 12, 1999, 113 Stat. 1034; Pub. L. 109–248, title I, §154(b), July 27, 2006, 120 Stat. 611; Pub. L. 109–295, title VI, §689b(c), Oct. 4, 2006, 120 Stat. 1450; Pub. L. 115–267, §2(b), Oct. 11, 2018, 132 Stat. 3757; Pub. L. 115–393, title II, §202(b), Dec. 21, 2018, 132 Stat. 5268; Pub. L. 118–65, §2(a), June 17, 2024, 138 Stat. 1439.)
Editorial Notes
Codification
Section was formerly classified to section 5772 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.
Prior Provisions
A prior section 403 of Pub. L. 93–415 amended section 3883 of Title 42, The Public Health and Welfare, and was repealed by Pub. L. 95–115, §10, Oct. 3, 1977, 91 Stat. 1061, and Pub. L. 107–273, div. C, title II, §12221(a)(4), Nov. 2, 2002, 116 Stat. 1894.
Amendments
2024—Par. (5). Pub. L. 118–65 added par. (5).
2018—Par. (1). Pub. L. 115–267, §2(b)(1), and Pub. L. 115–393, §202(b)(1), amended section identically, adding par. (1) and striking out former par. (1) which read as follows: "the term 'missing child' means any individual less than 18 years of age whose whereabouts are unknown to such individual's legal custodian;".
Par. (4). Pub. L. 115–267, §2(b)(2)–(4), and Pub. L. 115–393, §202(b)(2)–(4), amended section identically, adding par. (4).
2006—Par. (1). Pub. L. 109–295, which directed amendment of par. (1) by striking out "or" at the end of subpar. (A), inserting "or" after the semicolon in subpar. (B), and adding after subpar. (B) subpar. (C) "the individual is an individual under 21 years of age who is displaced from the habitual residence of that individual as a result of an emergency or major disaster (as those terms are defined in section 5122 of this title).", could not be executed because of the prior amendment by Pub. L. 109–248, see below.
Pub. L. 109–248, which directed amendment of "Section 403(1) of the Comprehensive Crime Control Act of 1984 (42 U.S.C. 5772)" by substituting a semicolon at end for "if—" through subpar. (B), was executed by substituting a semicolon for "if—"and subpars. (A) and (B) of par. (1) of this section, which is section 403 of the Juvenile Justice and Delinquency Prevention Act of 1974, Pub. L. 93–415, as added by section 660 of the Comprehensive Crime Control Act of 1984, to reflect the probable intent of Congress. Prior to amendment, subpars. (A) and (B) read as follows:
"(A) the circumstances surrounding such individual's disappearance indicate that such individual may possibly have been removed by another from the control of such individual's legal custodian without such custodian's consent; or
"(B) the circumstances of the case strongly indicate that such individual is likely to be abused or sexually exploited;".
1999—Par. (3). Pub. L. 106–71 added par. (3).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–267 effective Oct. 11, 2018, and applicable to fiscal years beginning after Sept. 30, 2018, see section 4 of Pub. L. 115–267, set out as a note under section 11291 of this title.
§11293. Duties and functions of the Administrator
(a) Description of activities
The Administrator shall—
(1) issue such rules as the Administrator considers necessary or appropriate to carry out this subchapter;
(2) make such arrangements as may be necessary and appropriate to facilitate effective coordination among all federally funded programs relating to missing children (including the preparation of an annual comprehensive plan for facilitating such coordination);
(3) provide for the furnishing of information derived from the national toll-free hotline, established under subsection (b)(1), to appropriate entities;
(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;
(5) provide adequate staff and agency resources which are necessary to properly carry out the responsibilities pursuant to this subchapter; and
(6) not later than 180 days after the end of each fiscal year, submit a report to the President, Speaker of the House of Representatives, the Committee on Education and the Workforce of the House of Representatives, the President pro tempore of the Senate, and the Committee on the Judiciary of the Senate—
(A) containing a comprehensive plan for facilitating cooperation and coordination in the succeeding fiscal year among all agencies and organizations with responsibilities related to missing children;
(B) identifying and summarizing effective models of Federal, State, and local coordination and cooperation in locating and recovering missing children;
(C) identifying and summarizing effective program models that provide treatment, counseling, or other aid to parents of missing children or to children who have been the victims of abduction;
(D) describing how the Administrator satisfied the requirements of paragraph (4) in the preceding fiscal year;
(E) describing in detail the number and types of telephone calls received in the preceding fiscal year over the national toll-free hotline established under subsection (b)(1)(A), the number and types of communications referred to the national communications system established under section 11231 of this title, and the number and types of reports to the CyberTipline established under subsection (b)(1)(K)(i);
(F) describing in detail the activities in the preceding fiscal year of the national resource center and clearinghouse established under subsection (b)(2);
(G) describing all the programs for which assistance was provided under section 11294 of this title in the preceding fiscal year;
(H) summarizing the results of all research completed in the preceding year for which assistance was provided at any time under this subchapter; and
(I)(i) identifying each clearinghouse with respect to which assistance is provided under section 11294(a)(9) of this title in the preceding fiscal year;
(ii) describing the activities carried out by such clearinghouse in such fiscal year;
(iii) specifying the types and amounts of assistance (other than assistance under section 11294(a)(9) of this title) received by such clearinghouse in such fiscal year; and
(iv) specifying the number and types of missing children cases handled (and the number of such cases resolved) by such clearinghouse in such fiscal year and summarizing the circumstances of each such cases.1
(b) Annual grant to National Center for Missing and Exploited Children
(1) In general
The Administrator shall annually make a grant to the Center, which shall be used to—
(A)(i) operate a national 24-hour toll-free call center to which individuals may—
(I) report child sexual exploitation and the location of any missing child; and
(II) request information pertaining to procedures necessary to reunite such child with such child's parent;
(ii) manage the AMBER Alert Secondary Distribution Program; and
(iii) coordinate the operation of such hotline with the operation of the national communications system referred to in part C of subchapter III;
(B) operate the official national resource center and information clearinghouse for missing and exploited children;
(C) provide to State and local governments, public and private nonprofit agencies, State and local educational agencies, and individuals, information regarding—
(i) free or low-cost legal, food, lodging, and transportation services that are available for the benefit of missing and exploited children and their families;
(ii) the existence and nature of programs being carried out by Federal agencies to assist missing and exploited children and their families; and
(iii) innovative and model programs, services, and legislation that benefit missing and exploited children;
(D) coordinate public and private programs that locate, recover, or reunite missing children with their parents;
(E) provide technical assistance and training to families, law enforcement agencies, State and local governments, elements of the criminal justice system, nongovernmental agencies, local educational agencies, and the general public—
(i) in the prevention, investigation, prosecution, and treatment of cases involving missing and exploited children;
(ii) to respond to foster children missing from the State child welfare system in coordination with child welfare agencies and courts handling juvenile justice and dependency matters; and
(iii) in the identification, location, and recovery of victims of, and children at risk for, child sex trafficking;
(F) provide assistance to parents, law enforcement agencies, State and local governments, nongovernmental agencies, child-serving professionals, and other individuals involved in the location and recovery of missing and abducted children nationally and, in cooperation with the Department of State, internationally;
(G) provide technical assistance and case-related resources, including—
(i) referrals to—
(I) child-serving professionals involved in helping to recover missing and exploited children; and
(II) law enforcement officers in their efforts to identify, locate, and recover missing and exploited children; and
(ii) searching public records databases and publicly accessible open source data to—
(I) locate and identify potential abductors and offenders involved in attempted or actual abductions; and
(II) identify, locate, and recover abducted children;
(H) provide forensic and direct on-site technical assistance and consultation to families, law enforcement agencies, child-serving professionals, and nongovernmental organizations in child abduction and exploitation cases, including facial reconstruction of skeletal remains and similar techniques to assist on long-term missing child cases in the identification of unidentified deceased children;
(I) provide education, technical assistance, and information to—
(i) nongovernmental organizations with respect to procedures and resources to conduct background checks on individuals working with children; and
(ii) law enforcement agencies with respect to identifying and locating noncompliant sex offenders;
(J) facilitate the deployment of the National Emergency Child Locator Center to assist in reuniting missing children with their parents during periods of national disasters;
(K) work with families, law enforcement agencies, electronic service providers, electronic payment service providers, technology companies, nongovernmental organizations, and others on methods to reduce the existence and distribution of online images and videos of sexually exploited children—
(i) by operating a CyberTipline to—
(I) provide to individuals and electronic service providers an effective means of reporting internet-related and other instances of child sexual exploitation in the areas of—
(aa) possession, manufacture, and distribution of child sexual abuse material;
(bb) online enticement of children for sexual acts;
(cc) child sex trafficking;
(dd) extraterritorial child sexual abuse and exploitation;
(ee) child sexual molestation;
(ff) unsolicited obscene material sent to a child;
(gg) misleading domain names; and
(hh) misleading words or digital images on the internet; and
(II) make reports received through the CyberTipline available to the appropriate law enforcement agency for its review and potential investigation; and
(ii) by operating a child victim identification program to assist law enforcement agencies in identifying victims of child sexual abuse material and other sexual crimes and to support the recovery of children from sexually exploitative situations, including by providing information on legal remedies available to such victims;
(L) provide support services, consultation, and assistance to missing and sexually exploited children, parents, their families, and child-serving professionals on—
(i) recovery support, including counseling recommendations and community support;
(ii) family and peer support;
(iii) requesting the removal of child sexual abuse material and sexually exploitive content depicting children from the internet, including by assisting with requests to providers (as defined in section 2258E of title 18) to remove visual depictions of victims that—
(I) constitute or are associated with child sexual abuse material; or
(II) do not constitute child sexual abuse material but are sexually suggestive;
(M) develop and disseminate programs and educational information to families, child-serving professionals, law enforcement agencies, State and local governments, nongovernmental organizations, schools, local educational agencies, child-serving organizations, and the general public on—
(i) the prevention of missing children and child sexual exploitation; and
(ii) internet safety, including tips and strategies to promote safety for children using technology (including social media) and reduce risk relating to—
(I) cyberbullying;
(II) child sex trafficking;
(III) youth-produced child sexual abuse material or sexting;
(IV) sextortion; and
(V) online enticement;
(N) provide technical assistance and training to local educational agencies, schools, State and local law enforcement agencies, individuals, and other nongovernmental organizations that assist with finding missing and abducted children in identifying and recovering such children and preventing child sexual exploitation;
(O) coordinate with and provide technical assistance to Federal, State, and local government agencies relating to cases of children missing from a State or Tribal child welfare system and assist the efforts of law enforcement agencies and State and Tribal child welfare agencies in—
(i) coordinating to ensure the reporting, documentation, and resolution of cases involving children missing from a State or Tribal child welfare system; and
(ii) responding to foster children missing from a State or Tribal child welfare system; and
(P) provide technical assistance and recovery support services to law enforcement agencies and first responders in identifying, locating, and recovering victims of, and children at risk for, child sex trafficking.
(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.
(c) National incidence studies
The Administrator, either by making grants to or entering into contracts with public agencies or nonprofit private agencies, shall—
(1) triennially conduct national incidence studies to determine for a given year the actual number of children reported missing each year, the number of children who are victims of abduction by strangers, the number of children who are the victims of parental kidnappings, and the number of children who are recovered each year;
(2) 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, in compliance with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g) 2 to identify and locate missing children 3
(3) publish an analysis of the information determined under paragraph (1) that includes disaggregated demographic data and comparison of such data to demographic data from the census.
(d) Independent status of other Federal agencies
Nothing contained in this subchapter shall be construed to grant to the Administrator any law enforcement responsibility or supervisory authority over any other Federal agency.
(Pub. L. 93–415, title IV, §404, as added Pub. L. 98–473, title II, §660, Oct. 12, 1984, 98 Stat. 2126; amended Pub. L. 100–690, title VII, §7285, Nov. 18, 1988, 102 Stat. 4459; Pub. L. 101–204, title X, §1004(2), Dec. 7, 1989, 103 Stat. 1828; Pub. L. 106–71, §2(c), Oct. 12, 1999, 113 Stat. 1034; Pub. L. 107–273, div. C, title II, §12221(b)(2), Nov. 2, 2002, 116 Stat. 1894; Pub. L. 108–21, title III, §§321(b), 323, Apr. 30, 2003, 117 Stat. 664, 665; Pub. L. 108–96, title II, §202(a), Oct. 10, 2003, 117 Stat. 1172; Pub. L. 110–240, §3, June 3, 2008, 122 Stat. 1561; Pub. L. 113–38, §2(b), Sept. 30, 2013, 127 Stat. 527; Pub. L. 114–22, title II, §211, May 29, 2015, 129 Stat. 249; Pub. L. 115–141, div. Q, title II, §201, Mar. 23, 2018, 132 Stat. 1120; Pub. L. 115–267, §2(c), Oct. 11, 2018, 132 Stat. 3757; Pub. L. 115–393, title II, §202(c), Dec. 21, 2018, 132 Stat. 5268; Pub. L. 118–65, §2(b), June 17, 2024, 138 Stat. 1439.)
Editorial Notes
References in Text
The Family Educational Rights and Privacy Act of 1974, referred to in subsec. (c)(2), is section 513 of Pub. L. 93–380, title V, Aug. 21, 1974, 88 Stat. 571, which enacted section 1232g of Title 20, Education, and provisions set out as notes under sections 1221 and 1232g of Title 20. For complete classification of this Act to the Code, see Short Title of 1974 Amendment note set out under section 1221 of Title 20 and Tables.
Codification
Section was formerly classified to section 5773 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.
Prior Provisions
A prior section 404 of Pub. L. 93–415 amended section 3882 of Title 42, The Public Health and Welfare, and was repealed by Pub. L. 95–115, §10, Oct. 3, 1977, 91 Stat. 1061, and Pub. L. 107–273, div. C, title II, §12221(a)(4), Nov. 2, 2002, 116 Stat. 1894.
Amendments
2024—Subsec. (a)(6)(E). Pub. L. 118–65, §2(b)(1), substituted "the CyberTipline established" for "the tipline established".
Subsec. (b)(1)(A)(i). Pub. L. 118–65, §2(b)(2)(A)(i), substituted "call center to which individuals may—" and subcls. (I) and (II) for "hotline by which individuals may report information regarding the location of any missing child, and request information pertaining to procedures necessary to reunite such child with such child's parent; and".
Subsec. (b)(1)(A)(ii), (iii). Pub. L. 118–65, §2(b)(2)(A)(ii), (iii), added cl. (ii) and redesignated former cl. (ii) as (iii).
Subsec. (b)(1)(D). Pub. L. 118–65, §2(b)(2)(B), substituted "with their parents" for "with their families".
Subsec. (b)(1)(F). Pub. L. 118–65, §2(b)(2)(C), substituted "to parents" for "to families".
Subsec. (b)(1)(G). Pub. L. 118–65, §2(b)(2)(D), added subpar. (G) and struck out former subpar. (G) which read as follows: "provide support and technical assistance to child-serving professionals involved in helping to recover missing and exploited children by searching public records databases to help in the identification, location, and recovery of such children, and help in the location and identification of potential abductors and offenders;".
Subsec. (b)(1)(H). Pub. L. 118–65, §2(b)(2)(E), inserted "on long-term missing child cases" after "techniques to assist".
Subsec. (b)(1)(I). Pub. L. 118–65, §2(b)(2)(F), added subpar. (I) and struck out former subpar. (I) which read as follows: "provide training, technical assistance, and information to nongovernmental organizations relating to non-compliant sex offenders and to law enforcement agencies in identifying and locating such individuals;".
Subsec. (b)(1)(J). Pub. L. 118–65, §2(b)(2)(G), substituted "with their parents" for "with their families".
Subsec. (b)(1)(K)(i). Pub. L. 118–65, §2(b)(2)(H)(i)(I), substituted "CyberTipline" for "tipline" in introductory provisions.
Subsec. (b)(1)(K)(i)(I)(aa). Pub. L. 118–65, §2(b)(2)(H)(i)(II)(aa), substituted "child sexual abuse material" for "child pornography".
Subsec. (b)(1)(K)(i)(I)(dd). Pub. L. 118–65, §2(b)(2)(H)(i)(II)(bb), substituted "extraterritorial child sexual abuse and exploitation" for "sex tourism involving children".
Subsec. (b)(1)(K)(i)(I)(ee). Pub. L. 118–65, §2(b)(2)(H)(i)(II)(cc), struck out "extra-familial" before "child".
Subsec. (b)(1)(K)(i)(II). Pub. L. 118–65, §2(b)(2)(H)(i)(III), substituted "CyberTipline" for "tipline" and inserted "and" at end.
Subsec. (b)(1)(K)(ii). Pub. L. 118–65, §2(b)(2)(H)(ii), substituted "child sexual abuse material and other sexual crimes and" for "child pornography and other sexual crimes" and ", including by providing information on legal remedies available to such victims;" for "; and".
Subsec. (b)(1)(K)(iii). Pub. L. 118–65, §2(b)(2)(H)(iii), struck out cl. (iii) which read as follows: "by utilizing emerging technologies to provide additional outreach and educational materials to parents and families;".
Subsec. (b)(1)(L). Pub. L. 118–65, §2(b)(2)(J), added subpar. (L). Former subpar. (L) redesignated (M).
Subsec. (b)(1)(M). Pub. L. 118–65, §2(b)(2)(I), (K)(i), redesignated subpar. (L) as (M) and inserted "educational" before "information to families" in introductory provisions. Former subpar. (M) redesignated (N).
Subsec. (b)(1)(M)(i). Pub. L. 118–65, §2(b)(2)(K)(ii), substituted "missing children and child" for "child abduction and" and inserted "and" at end.
Subsec. (b)(1)(M)(ii), (iii). Pub. L. 118–65, §2(b)(2)(K)(iii), added cl. (ii) and struck out former cls. (ii) and (iii) which read as follows:
"(ii) internet safety, including tips for social media and cyberbullying; and
"(iii) sexting and sextortion;".
Subsec. (b)(1)(N). Pub. L. 118–65, §2(b)(2)(I), (L), redesignated subpar. (M) as (N) and inserted "and preventing child sexual exploitation" after "recovering such children". Former subpar. (N) redesignated (O).
Subsec. (b)(1)(O). Pub. L. 118–65, §2(b)(2)(M), added subpar. (O) and struck out former subpar. (O) which read as follows: "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".
Pub. L. 118–65, §2(b)(2)(I), redesignated subpar. (N) as (O). Former subpar. (O) redesignated (P).
Subsec. (b)(1)(P). Pub. L. 118–65, §2(b)(2)(I), (N), redesignated subpar. (O) as (P) and inserted "and recovery support services" after "technical assistance".
Subsec. (c)(3). Pub. L. 118–65, §2(b)(3), added par. (3).
2018—Subsec. (a)(3). Pub. L. 115–267, §2(c)(1)(A), and Pub. L. 115–393, §202(c)(1)(A), amended par. (3) identically, substituting "hotline" for "telephone line".
Subsec. (a)(6)(E). Pub. L. 115–267, §2(c)(1)(B), and Pub. L. 115–393, §202(c)(1)(B), amended subpar. (E) identically, substituting "hotline" for "telephone line" and "(b)(1)(A)," for "(b)(1)(A) and" and inserting ", and the number and types of reports to the tipline established under subsection (b)(1)(K)(i)" before semicolon at end.
Subsec. (b)(1)(A)(i). Pub. L. 115–267, §2(c)(2)(A), and Pub. L. 115–393, §202(c)(2)(A), amended cl. (i) identically, substituting "hotline" for "telephone line" and "parent" for "legal custodian".
Subsec. (b)(1)(A)(ii). Pub. L. 115–267, §2(c)(2)(A)(i), and Pub. L. 115–393, §202(c)(2)(A)(i), amended cl. (ii) identically, substituting "hotline" for "telephone line".
Subsec. (b)(1)(C)(i). Pub. L. 115–267, §2(c)(2)(B)(i), and Pub. L. 115–393, §202(c)(2)(B)(i), amended cl. (i) identically, substituting "food" for "restaurant" and striking out "and" at end.
Subsec. (b)(1)(C)(iii). Pub. L. 115–267, §2(c)(2)(B)(ii), (iii), and Pub. L. 115–393, §202(c)(2)(B)(ii), (iii), amended subsec. (b)(1)(C) identically, adding cl. (iii).
Subsec. (b)(1)(E) to (V). Pub. L. 115–393, §202(c)(2)(C)–(L), made amendments to subpars. (E) to (V) substantially identical to those made by Pub. L. 115–267, §2(c)(2)(C)–(L). See Amendment notes below. Text of subsec. (b)(1)(E) to (V) is based on amendments by Pub. L. 115–267.
Subsec. (b)(1)(E). Pub. L. 115–267, §2(c)(2)(D), (H), redesignated subpar. (H) as (E) and amended it generally. Prior to amendment, text read as follows: "provide technical assistance and training to law enforcement agencies, State and local governments, elements of the criminal justice system, public and private nonprofit agencies, and individuals in the prevention, investigation, prosecution, and treatment of cases involving missing and exploited children, including cases involving children with developmental disabilities such as autism;".
Pub. L. 115–267, §2(c)(2)(C), struck out subpar. (E) which read as follows: "disseminate, on a national basis, information relating to innovative and model programs, services, and legislation that benefit missing and exploited children;".
Subsec. (b)(1)(F). Pub. L. 115–267, §2(c)(2)(D), (I), redesignated subpar. (I) as (F) and amended it generally. Prior to amendment, text read as follows: "provide assistance to families and law enforcement agencies in locating and recovering missing and exploited children, both nationally and, in cooperation with the Department of State, internationally;".
Pub. L. 115–267, §2(c)(2)(C), struck out subpar. (F) which related to requirement to annually provide the Office of Juvenile Justice and Delinquency Prevention certain information based on reports received by the National Center for Missing and Exploited Children.
Subsec. (b)(1)(G). Pub. L. 115–267, §2(c)(2)(D), (I), redesignated subpar. (J) as (G) and amended it generally. Prior to amendment, text read as follows: "provide analytical support and technical assistance to law enforcement agencies through searching public records databases in locating and recovering missing and exploited children and helping to locate and identify abductors;".
Pub. L. 115–267, §2(c)(2)(C), struck out subpar. (G) which read as follows: "provide, at the request of State and local governments, and public and private nonprofit agencies, guidance on how to facilitate the lawful use of school records and birth certificates to identify and locate missing children;".
Subsec. (b)(1)(H). Pub. L. 115–267, §2(c)(2)(D), (I), redesignated subpar. (K) as (H) and amended it generally. Prior to amendment, text read as follows: "provide direct on-site technical assistance and consultation to law enforcement agencies in child abduction and exploitation cases;". Former subpar. (H) redesignated (E).
Pub. L. 115–141 inserted ", including cases involving children with developmental disabilities such as autism" before semicolon at end.
Subsec. (b)(1)(I). Pub. L. 115–267, §2(c)(2)(E), (J), redesignated subpar. (N) as (I) and amended it generally. Prior to amendment, text read as follows: "provide training and assistance to law enforcement agencies in identifying and locating non-compliant sex offenders;". Former subpar. (I) redesignated (F).
Subsec. (b)(1)(J). Pub. L. 115–267, §2(c)(2)(E), redesignated subpar. (O) as (J). Former subpar. (J) redesignated (G).
Subsec. (b)(1)(K). Pub. L. 115–267, §2(c)(2)(F), (K), redesignated subpar. (Q) as (K) and amended it generally. Prior to amendment, text read as follows: "work with law enforcement, Internet service providers, electronic payment service providers, and others on methods to reduce the distribution on the Internet of images and videos of sexually exploited children;". Former subpar. (K) redesignated (H).
Subsec. (b)(1)(L). Pub. L. 115–267, §2(c)(2)(G), (L), redesignated subpar. (S) as (L), and amended it generally. Prior to amendment, text related to development and dissemination of programs and information on prevention of child abduction and sexual exploitation and internet safety.
Pub. L. 115–267, §2(c)(2)(C), struck out subpar. (L) which read as follows: "provide forensic technical assistance and consultation to law enforcement and other agencies in the identification of unidentified deceased children through facial reconstruction of skeletal remains and similar techniques;".
Subsec. (b)(1)(M). Pub. L. 115–267, §2(c)(2)(G), (L), redesignated subpar. (T) as (M) and amended it generally. Prior to amendment, text read as follows: "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;".
Pub. L. 115–267, §2(c)(2)(C), struck out subpar. (M) which read as follows: "track the incidence of attempted child abductions in order to identify links and patterns, and provide such information to law enforcement agencies;".
Subsec. (b)(1)(N). Pub. L. 115–267, §2(c)(2)(G), redesignated subpar. (U) as (N). Former subpar. (N) redesignated (I).
Subsec. (b)(1)(O). Pub. L. 115–267, §2(c)(2)(G), redesignated subpar. (V) as (O). Former subpar. (O) redesignated (J).
Subsec. (b)(1)(P). Pub. L. 115–267, §2(c)(2)(C), struck out subpar. (P) which related to cyber tipline for reporting Internet-related child sexual exploitation.
Subsec. (b)(1)(Q). Pub. L. 115–267, §2(c)(2)(F), redesignated subpar. (Q) as (K).
Subsec. (b)(1)(R). Pub. L. 115–267, §2(c)(2)(C), struck out subpar. (R) which read as follows: "operate a child victim identification program in order to assist the efforts of law enforcement agencies in identifying victims of child pornography and other sexual crimes;".
Subsec. (b)(1)(S) to (V). Pub. L. 115–267, §2(c)(2)(G), redesignated subpars. (S) to (V) as (L) to (O), respectively.
2015—Subsec. (b)(1)(P)(iii). Pub. L. 114–22 substituted "child sex trafficking, including child prostitution" for "child prostitution".
2013—Subsec. (a)(4). Pub. L. 113–38, §2(b)(1)(C), added par. (4). Former par. (4) redesignated (5).
Subsec. (a)(5). Pub. L. 113–38, §2(b)(1)(B), redesignated par. (4) as (5). Former par. (5) redesignated (6).
Pub. L. 113–38, §2(b)(1)(A), in introductory provisions, substituted "Representatives, the Committee on Education and the Workforce of the House of Representatives," for "Representatives, and" and inserted ", and the Committee on the Judiciary of the Senate" after "Senate".
Subsec. (a)(6). Pub. L. 113–38, §2(b)(1)(B), redesignated par. (5) as (6).
Subsec. (b)(1)(C). Pub. L. 113–38, §2(b)(2)(A)(i), in introductory provisions, struck out "and" after "governments," and inserted "State and local educational agencies," after "nonprofit agencies,".
Subsec. (b)(1)(T) to (V). Pub. L. 113–38, §2(b)(2)(A)(ii)–(iv), added subpars. (T) to (V).
Subsec. (b)(2). Pub. L. 113–38, §2(b)(2)(B), amended par. (2) generally. Prior to amendment, text read as follows: "There is authorized to be appropriated to the Administrator to carry out this subsection, $40,000,000 for fiscal year 2008 and such sums as may be necessary for fiscal years 2009 through 2013."
Subsec. (c)(1). Pub. L. 113–38, §2(b)(3), substituted "triennially" for "periodically" and "kidnappings" for "kidnapings".
Subsec. (c)(2). Pub. L. 113–38, §2(b)(4), inserted ", in compliance with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g)" after "birth certificates".
2008—Subsec. (b)(1). Pub. L. 110–240, §3(1), amended par. (1) generally. Prior to amendment, par. (1) consisted of subpars. (A) to (H) relating to annual grants to Center.
Subsec. (b)(2). Pub. L. 110–240, §3(2), substituted "$40,000,000 for fiscal year 2008 and such sums as may be necessary for fiscal years 2009 through 2013" for "$20,000,000 for each of the fiscal years 2004 through 2008".
2003—Subsec. (b)(1)(H). Pub. L. 108–21, §323, added subpar. (H).
Subsec. (b)(2). Pub. L. 108–96 substituted "2008" for "2005".
Pub. L. 108–21, §321(b), substituted "$20,000,000 for each of the fiscal years 2004 through 2005" for "$10,000,000 for each of fiscal years 2000, 2001, 2002, and 2003".
2002—Subsec. (a)(5)(E). Pub. L. 107–273 substituted "section 5714–11" for "section 5712a".
1999—Subsecs. (b) to (d). Pub. L. 106–71 added subsecs. (b) and (c), redesignated former subsec. (c) as (d), and struck out former subsec. (b) which related to the establishment of toll-free telephone line and national resource center and clearinghouse, conduct of national incidence studies, and use of school records and birth certificates.
1989—Subsec. (a)(5)(C). Pub. L. 101–204, §1004(2)(A), substituted semicolon for comma at end.
Subsec. (b)(2)(A). Pub. L. 101–204, §1004(2)(B), inserted "to" before "provide to State".
1988—Subsec. (a)(3). Pub. L. 100–690, §7285(a)(1), struck out "law enforcement" before "entities".
Subsec. (a)(4). Pub. L. 100–690, §7285(a)(2), inserted "and" at end.
Subsec. (a)(5). Pub. L. 100–690, §7285(a)(3), amended par. (5) generally. Prior to amendment, par. (5) read as follows: "analyze, compile, publish, and disseminate an annual summary of recently completed research, research being conducted, and Federal, State, and local demonstration projects relating to missing children with particular emphasis on—
"(A) effective models of local, State, and Federal coordination and cooperation in locating missing children;
"(B) effective programs designed to promote community awareness of the problem of missing children;
"(C) effective programs to prevent the abduction and sexual exploitation of children (including parent, child, and community education); and
"(D) effective program models which provide treatment, counseling, or other aid to parents of missing children or to children who have been the victims of abduction or sexual exploitation; and".
Subsec. (a)(6). Pub. L. 100–690, §7285(a)(4), struck out par. (6), which read as follows: "prepare, in conjunction with and with the final approval of the Advisory Board on Missing Children, an annual comprehensive plan for facilitating cooperation and coordination among all agencies and organizations with responsibilities related to missing children."
Subsec. (b)(1). Pub. L. 100–690, §7285(b)(1), designated existing provisions as subpar. (A), inserted "24-hour" after "national" and "and" at end, and added subpar. (B).
Subsec. (b)(2)(A). Pub. L. 100–690, §7285(b)(2)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "to provide technical assistance to local and State governments, public and private nonprofit agencies, and individuals in locating and recovering missing children;".
Subsec. (b)(2)(D). Pub. L. 100–690, §7285(b)(2)(B), inserted "and training" after "assistance" and "and in locating and recovering missing children" before semicolon.
Subsec. (b)(4). Pub. L. 100–690, §7285(b)(3), (4), added par. (4).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–267 effective Oct. 11, 2018, and applicable to fiscal years beginning after Sept. 30, 2018, see section 4 of Pub. L. 115–267, set out as a note under section 11291 of this title.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–273 effective on the first day of the first fiscal year that begins after Nov. 2, 2002, and applicable only with respect to fiscal years beginning on or after the first day of the first fiscal year that begins after Nov. 2, 2002, see section 12223 of Pub. L. 107–273, set out as a note under section 11101 of this title.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100–690 effective Oct. 1, 1988, with the report required by subsec. (a)(6) of this section with respect to fiscal year 1988 to be submitted not later than Aug. 1, 1989, notwithstanding the 180-day period provided in subsec. (a)(6) of this section, see section 7296(a), (b)(3) of Pub. L. 100–690, set out as a note under section 11101 of this title.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec. (a)(6) of this section relating to submittal of annual report to the Speaker of the House of Representatives and the President pro tempore of the Senate, see section 3003 of Pub. L. 104–66, set out as a note under section 1113 of Title 31, Money and Finance, and the 2nd item on page 122 of House Document No. 103–7.
§11294. Grants
(a) Authority of Administrator; description of research, demonstration projects, and service programs
The Administrator is authorized to make grants to and enter into contracts with the Center and with public agencies or nonprofit private organizations, or combinations thereof, for research, demonstration projects, or service programs designed—
(1) to educate parents, children, schools, school leaders, teachers, State and local educational agencies, homeless shelters and service providers, and community agencies and organizations in ways to prevent the abduction and sexual exploitation of children;
(2) to provide information to assist in the locating and return of missing children;
(3) to aid communities and schools in the collection of materials which would be useful to parents in assisting others in the identification of missing children;
(4) to increase knowledge of and develop effective treatment pertaining to the psychological consequences, on both parents and children, of—
(A) the abduction of a child, both during the period of disappearance and after the child is recovered; and
(B) the sexual exploitation of a missing child;
(5) to collect detailed data from selected States or localities on the actual investigative practices utilized by law enforcement agencies in missing children's cases;
(6) to address the particular needs of missing children by minimizing the negative impact of judicial and law enforcement procedures on children who are victims of abuse or sexual exploitation and by promoting the active participation of children and their families in cases involving abuse or sexual exploitation of children;
(7) to address the needs of missing children and their families following the recovery of such children;
(8) to reduce the likelihood that individuals under 18 years of age will be removed from the control of such individuals' parents without such parents' consent; and
(9) to establish or operate statewide clearinghouses to assist in locating and recovering missing children.
(b) Priorities of grant applicants
In considering grant applications under this subchapter, the Administrator shall give priority to applicants who—
(1) have demonstrated or demonstrate ability in—
(A) locating missing children or locating and reuniting missing children with their parents;
(B) providing other services to missing children or their families; or
(C) conducting research relating to missing children; and
(2) with respect to subparagraphs (A) and (B) of paragraph (1), substantially utilize volunteer assistance.
The Administrator shall give first priority to applicants qualifying under subparagraphs (A) and (B) of paragraph (1).
(c) Non-Federal fund expenditures requisite for receipt of Federal assistance
In order to receive assistance under this subchapter for a fiscal year, applicants shall give assurance that they will expend, to the greatest extent practicable, for such fiscal year an amount of funds (without regard to any funds received under any Federal law) that is not less than the amount of funds they received in the preceding fiscal year from State, local, and private sources.
(Pub. L. 93–415, title IV, §405, formerly §406, as added Pub. L. 98–473, title II, §660, Oct. 12, 1984, 98 Stat. 2128; renumbered §405 and amended Pub. L. 100–690, title VII, §§7287, 7290(a), Nov. 18, 1988, 102 Stat. 4460, 4461; Pub. L. 101–204, title X, §1004(3), Dec. 7, 1989, 103 Stat. 1828; Pub. L. 106–71, §2(d), Oct. 12, 1999, 113 Stat. 1035; Pub. L. 113–38, §2(c), Sept. 30, 2013, 127 Stat. 528; Pub. L. 115–267, §2(d), Oct. 11, 2018, 132 Stat. 3759; Pub. L. 115–393, title II, §202(d), Dec. 21, 2018, 132 Stat. 5270.)
Editorial Notes
Codification
Section was formerly classified to section 5775 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior Provisions
A prior section 405 of Pub. L. 93–415 was classified to section 5774 of Title 42, The Public Health and Welfare, prior to repeal by Pub. L. 100–690, title VII, §7286, Nov. 18, 1988, 102 Stat. 4460.
Amendments
2018—Subsec. (a)(7). Pub. L. 115–267, §2(d)(1)(A), and Pub. L. 115–393, §202(d)(1)(A), amended par. (7) identically, striking out "(as defined in section 11292(1)(A) of this title)" after "missing children".
Subsec. (a)(8). Pub. L. 115–267, §2(d)(1)(B), and Pub. L. 115–393, §202(d)(1)(B), amended par. (8) identically, substituting "parents" for "legal custodians" and "parents' " for "custodians' ".
Subsec. (b)(1)(A). Pub. L. 115–267, §2(d)(2), and Pub. L. 115–393, §202(d)(2), amended subpar. (A) identically, substituting "parents" for "legal custodians".
2013—Subsec. (a)(1). Pub. L. 113–38, §2(c)(1), inserted "schools, school leaders, teachers, State and local educational agencies, homeless shelters and service providers," after "children,".
Subsec. (a)(3). Pub. L. 113–38, §2(c)(2), inserted "and schools" after "communities".
1999—Subsec. (a). Pub. L. 106–71 inserted "the Center and with" before "public agencies" in introductory provisions.
1989—Subsec. (a)(9). Pub. L. 101–204 substituted "clearinghouses" for "clearinghouse".
1988—Subsec. (a)(7) to (9). Pub. L. 100–690, §7287, added pars. (7) to (9).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–267 effective Oct. 11, 2018, and applicable to fiscal years beginning after Sept. 30, 2018, see section 4 of Pub. L. 115–267, set out as a note under section 11291 of this title.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100–690 effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100–690, set out as a note under section 11101 of this title.
§11295. Criteria for grants
(a) Establishment of priorities and criteria; publication in Federal Register
In carrying out the programs authorized by this subchapter, the Administrator shall establish—
(1) annual research, demonstration, and service program priorities for making grants and contracts pursuant to section 11294 of this title; and
(2) criteria based on merit for making such grants and contracts.
Not less than 60 days before establishing such priorities and criteria, the Administrator shall publish in the Federal Register for public comment a statement of such proposed priorities and criteria.
(b) Competitive selection process for grant or contract exceeding $50,000
No grant or contract exceeding $50,000 shall be made under this subchapter unless the grantee or contractor has been selected by a competitive process which includes public announcement of the availability of funds for such grant or contract, general criteria for the selection of recipients or contractors, and a description of the application process and application review process.
(c) Multiple grants or contracts to same grantee or contractor
Multiple grants or contracts to the same grantee or contractor within any 1 year to support activities having the same general purpose shall be deemed to be a single grant for the purpose of this subsection, but multiple grants or contracts to the same grantee or contractor to support clearly distinct activities shall be considered separate grants or contractors.1
(Pub. L. 93–415, title IV, §406, formerly §407, as added Pub. L. 98–473, title II, §660, Oct. 12, 1984, 98 Stat. 2129; renumbered §406 and amended Pub. L. 100–690, title VII, §§7288, 7290, Nov. 18, 1988, 102 Stat. 4461.)
Editorial Notes
Codification
Section was formerly classified to section 5776 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.
Prior Provisions
A prior section 406 of Pub. L. 93–415 was renumbered section 405 and is classified to section 11294 of this title.
Amendments
1988—Pub. L. 100–690, §7290(b), which purported to make technical amendment to reference to section 5775 of this title to reflect renumbering of corresponding section of original act, could not be executed to text because of general amendment of section by Pub. L. 100–690, §7288, see below.
Pub. L. 100–690, §7288, amended section generally. Prior to amendment, section read as follows: "The Administrator, in consultation with the Advisory Board, shall establish annual research, demonstration, and service program priorities for making grants and contracts pursuant to section 5775 of this title and, not less than 60 days before establishing such priorities, shall publish in the Federal Register for public comment a statement of such proposed priorities."
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Amendment by Pub. L. 100–690 effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100–690, set out as a note under section 11101 of this title.
§11295a. Reporting
(a) Required reporting
As a condition of receiving funds under section 11293(b) of this title, the grant recipient shall, based solely on reports received by the grantee and not involving any data collection by the grantee other than those reports, annually provide to the Administrator and make available to the general public, as appropriate—
(1) the number of children nationwide who are reported to the grantee as missing;
(2) the number of children nationwide who are reported to the grantee as victims of non-family abductions;
(3) the number of children nationwide who are reported to the grantee as victims of family abductions;
(4) the number of missing children recovered nationwide whose recovery was reported to the grantee;
(5) the number of children nationwide who are reported to the grantee as missing from State-sponsored care;
(6) the number of children nationwide who are reported to the grantee as missing from State-sponsored care whose recovery was reported to the grantee; and
(7) the number of children nationwide who are reported to the grantee as missing from State-sponsored care and are likely victims of child sex trafficking.
(b) Incidence of attempted child abductions
As a condition of receiving funds under section 11293(b) of this title, the grant recipient shall—
(1) track the incidence of attempted child abductions in order to identify links and patterns;
(2) provide such information to law enforcement agencies; and
(3) make such information available to the general public, as appropriate.
(c) Criteria for forensic partnerships
As a condition of receiving funds under section 11293(b) of this title, the grant recipient shall annually provide to the Administrator and make available to the general public, as appropriate, the criteria and processes the grantee uses to establish forensic partnerships and recommend forensic resources to law enforcement and shall annually review these forensic partnerships and forensic referrals against the criteria and review new advancements in technology.
(Pub. L. 93–415, title IV, §407, as added Pub. L. 115–267, §2(e)(2), Oct. 11, 2018, 132 Stat. 3760, and Pub. L. 115–393, title II, §202(e)(2), Dec. 21, 2018, 132 Stat. 5271; amended Pub. L. 118–65, §2(c), June 17, 2024, 138 Stat. 1442.)
Editorial Notes
Codification
Pub. L. 115–267 and Pub. L. 115–393 enacted identical sections.
Prior Provisions
A prior section 407 of Pub. L. 93–415 was renumbered section 408 and is classified to section 11296 of this title.
Another prior section 407 of title IV of Pub. L. 93–415, as added Pub. L. 103–322, title XVII, §170303(2), Sept. 13, 1994, 108 Stat. 2043, established the Missing and Exploited Children's Task Force, prior to repeal by Pub. L. 110–240, §5(1), June 3, 2008, 122 Stat. 1564.
Amendments
2024—Subsec. (a)(5) to (7). Pub. L. 118–65, §2(c)(1), added pars. (5) to (7).
Subsec. (c). Pub. L. 118–65, §2(c)(2), added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 11, 2018, and applicable to fiscal years beginning after Sept. 30, 2018, see section 4 of Pub. L. 115–267, set out as an Effective Date of 2018 Amendment note under section 11291 of this title.
§11296. Oversight and accountability
All grants awarded by the Department of Justice that are authorized under this subchapter shall be subject to the following:
(1) Audit requirement
For 2 of the fiscal years in the period of fiscal years 2014 through 2023, the Inspector General of the Department of Justice shall conduct audits of the recipient of grants under this subchapter to prevent waste, fraud, and abuse by the grantee.
(2) Mandatory exclusion
If the recipient of grant funds under this subchapter is found to have an unresolved audit finding, then that entity shall not be eligible to receive grant funds under this subchapter 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 subchapter 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 subchapter, the term "nonprofit", relating to an entity, means the entity is described in section 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of such title.
(B) Prohibition
The Attorney General shall not award a grant under any grant program described in this subchapter 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 title 26.
(C) Disclosure
Each nonprofit organization that is awarded a grant under this subchapter 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 subchapter 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 subchapter 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 subchapter 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 subchapter for not less than 5 years.
(C) Clarification
For purposes of this paragraph, submitting an application for a grant under this subchapter shall not be considered lobbying activity in violation of subparagraph (A).
(Pub. L. 93–415, title IV, §408, formerly §407, as added Pub. L. 113–38, §4, Sept. 30, 2013, 127 Stat. 529; renumbered §408, Pub. L. 115–267, §2(e)(1), Oct. 11, 2018, 132 Stat. 3760, and Pub. L. 115–393, title II, §202(e)(1), Dec. 21, 2018, 132 Stat. 5271; amended Pub. L. 115–267, §3(b), Oct. 11, 2018, 132 Stat. 3760.)
Editorial Notes
Codification
Pub. L. 115–267, §2(e)(1), and Pub. L. 115–393, §202(e)(1), identically renumbered section 407 of Pub. L. 93–415 as section 408.
Section was formerly classified to section 5776a of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior Provisions
A prior section 408 of Pub. L. 93–415 was renumbered section 409 and is classified to section 11297 of this title.
Amendments
2018—Par. (1). Pub. L. 115–267, §3(b), substituted "2023" for "2018".
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–267 effective Oct. 11, 2018, with amendment by section 2 of Pub. L. 115–267 applicable to fiscal years beginning after Sept. 30, 2018, see section 4 of Pub. L. 115–267, set out as a note under section 11291 of this title.
§11297. Authorization of appropriations
(a) In general
To carry out the provisions of this subchapter, there are authorized to be appropriated $49,300,000 for each of fiscal years 2024 through 2028, up to $41,500,000 of which shall be used to carry out section 11293(b) of this title for each such fiscal year.
(b) Evaluation
The Administrator may use not more than 5 percent of the amount appropriated for a fiscal year under subsection (a) to conduct an evaluation of the effectiveness of the programs and activities established and operated under this subchapter.
(Pub. L. 93–415, title IV, §409, formerly §408, as added Pub. L. 98–473, title II, §660, Oct. 12, 1984, 98 Stat. 2129; renumbered §407 and amended Pub. L. 100–690, title VII, §§7289, 7290(a), Nov. 18, 1988, 102 Stat. 4461; Pub. L. 101–204, title X, §1001(e)(3), Dec. 7, 1989, 103 Stat. 1827; Pub. L. 102–586, §4, Nov. 4, 1992, 106 Stat. 5027; renumbered §408, Pub. L. 103–322, title XVII, §170303(1), Sept. 13, 1994, 108 Stat. 2043; Pub. L. 104–235, title II, §231(a), Oct. 3, 1996, 110 Stat. 3092; Pub. L. 106–71, §2(e), Oct. 12, 1999, 113 Stat. 1035; Pub. L. 108–21, title III, §321(a), Apr. 30, 2003, 117 Stat. 664; Pub. L. 108–96, title II, §202(b), Oct. 10, 2003, 117 Stat. 1172; renumbered §407 and amended Pub. L. 110–240, §§4, 5(2), June 3, 2008, 122 Stat. 1563, 1564; renumbered §408 and amended Pub. L. 113–38, §3, Sept. 30, 2013, 127 Stat. 528; renumbered §409, Pub. L. 115–267, §2(e)(1), Oct. 11, 2018, 132 Stat. 3760, and Pub. L. 115–393, title II, §202(e)(1), Dec. 21, 2018, 132 Stat. 5271; Pub. L. 115–267, §3(a), Oct. 11, 2018, 132 Stat. 3760; Pub. L. 118–65, §2(d), June 17, 2024, 138 Stat. 1442.)
Editorial Notes
Codification
Pub. L. 115–267, §2(e)(1), and Pub. L. 115–393, §202(e)(1), identically renumbered section 408 of Pub. L. 93–415 as section 409.
Section was formerly classified to section 5777 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.
Amendments
2024—Subsec. (a). Pub. L. 118–65 substituted "$49,300,000 for each of fiscal years 2024 through 2028, up to $41,500,000" for "$40,000,000 for each of the fiscal years 2014 through 2023, up to $32,200,000".
2018—Subsec. (a). Pub. L. 115–267, §3(a), substituted "2023" for "2018".
2013—Subsec. (a). Pub. L. 113–38, §3(1), substituted "$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 5773(b) of this title for each such fiscal year." for "such sums as may be necessary for fiscal years 2008 through 2013."
2008—Subsec. (a). Pub. L. 110–240, §4, which directed substitution of "2008 through 2013" for "2007 through 2008", was executed by making the substitution for "2004 through 2008", to reflect the probable intent of Congress.
2003—Subsec. (a). Pub. L. 108–96 substituted "2008" for "2005."
Pub. L. 108–21 substituted "fiscal years 2004 through 2005." for "fiscal years 2000 through 2003".
1999—Subsec. (a). Pub. L. 106–71 substituted "2000 through 2003" for "1997 through 2001".
1996—Pub. L. 104–235 designated existing provisions as subsec. (a), inserted heading, substituted "1997 through 2001" for "1993, 1994, 1995, and 1996", and added subsec. (b).
1992—Pub. L. 102–586 substituted "fiscal years 1993, 1994, 1995, and 1996" for "fiscal years 1989, 1990, 1991, and 1992".
1989—Pub. L. 101–204 amended directory language of Pub. L. 100–690, §7289(3), see 1988 Amendment note below.
1988—Pub. L. 100–690, §7289, as amended by Pub. L. 101–204, struck out "$10,000,000 for fiscal year 1985, and" after "appropriated" and "1986, 1987, and 1988" after "fiscal years" and inserted "1989, 1990, 1991, and 1992".
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–267 effective Oct. 11, 2018, with amendment by section 2 of Pub. L. 115–267 applicable to fiscal years beginning after Sept. 30, 2018, see section 4 of Pub. L. 115–267, set out as a note under section 11291 of this title.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100–690 effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100–690, set out as a note under section 11101 of this title.
§11298. Authority of Inspectors General
(a) In general
An Inspector General appointed under section 403 or 415 of title 5 may authorize staff to assist the National Center for Missing and Exploited Children—
(1) by conducting reviews of inactive case files to develop recommendations for further investigations; and
(2) by engaging in similar activities.
(b) Limitations
(1) Priority
An Inspector General may not permit staff to engage in activities described in subsection (a) if such activities will interfere with the duties of the Inspector General under chapter 4 of title 5.
(2) Funding
No additional funds are authorized to be appropriated to carry out this section.
(Pub. L. 101–647, title XXXVII, §3703, as added Pub. L. 110–344, §9, Oct. 7, 2008, 122 Stat. 3936; amended Pub. L. 117–286, §4(b)(59), Dec. 27, 2022, 136 Stat. 4349.)
Editorial Notes
Codification
Section was formerly classified to section 5780a of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Section was enacted as part of the Crime Control Act of 1990, and not as part of the Missing Children's Assistance Act which comprises this subchapter, nor as part of the Juvenile Justice and Delinquency Prevention Act of 1974 which comprises this chapter.
Amendments
2022—Subsec. (a). Pub. L. 117–286, §4(b)(59)(A), substituted "section 403 or 415 of title 5" for "section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.)" in introductory provisions.
Subsec. (b)(1). Pub. L. 117–286, §4(b)(59)(B), substituted "chapter 4 of title 5." for "the Inspector General Act of 1978 (5 U.S.C. App.)."