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34 U.S.C. § 11293 — Duties and functions of the Administrator

Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 11293 — Duties and functions of the Administrator

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Source location: Title 34, Chapter 111, § 11293; chapter-111-juvenile-justice-and-delinquency-prevention.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section11231&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section11294&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section11294/a/9&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section11294/a/9&num=0&edition=prelim)) 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.11 So in original. Probably should be “case.” **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2258E&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1232g&num=0&edition=prelim)) 22 So in original. Probably should be followed by a comma. to identify and locate missing children 33 So in original. Probably should be followed by “; and”. (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.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1232g — Labor standards

All laborers and mechanics employed by contractors or subcontractors on all construction and minor remodeling projects assisted under any applicable program shall be paid wages at rates not less than those prevailing on similar construction and minor remodeling in the locality as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40. The Secretary of Labor shall have, with respect to the labor standards specified in this section, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 and [section 3145 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3145&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 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 tha

Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 11294

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 11101 — Findings

**(a)** The Congress finds the following: (1) Although the juvenile violent crime arrest rate in 1999 was the lowest in the decade, there remains a consensus that the number of crimes and the rate of offending by juveniles nationwide is still too high. (2) According to the Office of Juvenile Justice and Delinquency Prevention, allowing 1 youth to leave school for a life of crime and of drug abuse costs society $1,700,000 to $2,300,000 annually. (3) One in every 6 individuals (16.2 percent) arrested for committing violent crime in 1999 was less than 18 years of age. In 1999, juveniles accounted for 9 percent of murder arrests, 17 percent of forcible rape arrests, 25 percent of robbery arrest, 14 percent of aggravated assault arrests, and 24 percent of weapons arrests. (4) More than ½ of juvenile murder victims are killed with firearms. Of the nearly 1,800 murder victims less than 18 years of age, 17 percent of the victims less than 13 years of age were murdered with a firearm, and 81 percent of the victims 13 years of age or older were killed with a firearm. (5) Juveniles accounted for 13 percent of all drug abuse violation arrests in 1999. Between 1990 and 1999, juvenile arrests for drug abuse violations rose 132 percent. (6) Over the last 3 decades, youth gang problems have increased nationwide. In the 1970’s, 19 States reported youth gang problems. By the late 1990’s, all 50 States and the District of Columbia reported gang problems. For the same period, the number of cities reporting youth gang problems grew 843 percent, and the number of counties reporting gang problems increased more than 1,000 percent. (7) According to a national crime survey of individuals 12 years of age or older during 1999, those 12 to 19 years old are victims of violent crime at higher

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1113 — Congressional information

**(a)** (1) When requested by a committee of Congress having jurisdiction over receipts or appropriations, the President shall provide the committee with assistance and information. (2) When requested by a committee of Congress, additional information related to the amount of an appropriation originally requested by an Office of Inspector General shall be submitted to the committee. **(b)** When requested by a committee of Congress, by the Comptroller General, or by the Director of the Congressional Budget Office, the Secretary of the Treasury, the Director of the Office of Management and Budget, and the head of each executive agency shall— (1) provide information on the location and kind of available fiscal, budget, and program information; (2) to the extent practicable, prepare summary tables of that fiscal, budget, and program information and related information the committee, the Comptroller General, or the Director of the Congressional Budget Office considers necessary; and (3) provide a program evaluation carried out or commissioned by an executive agency. **(c)** In cooperation with the Director of the Congressional Budget Office, the Secretary, and the Director of the Office of Management and Budget, the Comptroller General shall— (1) establish and maintain a current directory of sources of, and information systems for, fiscal, budget, and program information and a brief description of the contents of each source and system; (2) when requested, provide assistance to committees of Congress and members of Congress in obtaining information from the sources in the directory; and (3) when requested, provide assistance to committees and, to the extent practicable, to members of Congress in evaluating the information obtained from the sources in the directory

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 11291

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1221 — Judicial review

**(a) Recipients entitled to review; stay of action by Secretary** Any recipient of funds under an applicable program that would be adversely affected by a final agency action under section 1234a, 1234d, or 1234e of this title, and any State entitled to receive funds under a program described in [section 1232d(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1232d/a&num=0&edition=prelim) whose application has been disapproved by the Secretary, shall be entitled to judicial review of such action in accordance with the provisions of this section. The Secretary may not take any action on the basis of a final agency action until judicial review is completed. **(b) Petition for review; filing of record** A recipient that desires judicial review of an action described in subsection (a) shall, within 60 days of that action, file with the United States Court of Appeals for the circuit in which that recipient is located, a petition for review of such action. A copy of the petition shall be transmitted by the clerk of the court to the Secretary. The Secretary shall file in the court the record of the proceedings on which the action was based, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim). **(c) Findings of fact** The findings of fact by the Office, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Office to take further evidence, and the Office may make new or modified findings of fact and may modify its previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if suppor

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5773 — Transferred

### Statutory Notes #### Codification Section 5773 was editorially reclassified as [section 11293 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section11293&num=0&edition=prelim), Crime Control and Law Enforcement.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 11231 — Authority for program

The Secretary is authorized to make grants and to provide technical assistance to public and nonprofit private entities to establish and operate transitional living youth projects for homeless youth.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 2258E — Definitions

In sections 2258A through 2258E— (1) the terms “attorney for the government” and “State” have the meanings given those terms in rule 1 of the Federal Rules of Criminal Procedure; (2) the term “electronic communication service” has the meaning given that term in section 2510; (3) the term “electronic mail address” has the meaning given that term in section 3 of the CAN–SPAM Act of 2003 ([15 U.S.C. 7702](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7702&num=0&edition=prelim)); (4) the term “Internet” has the meaning given that term in section 1101 of the Internet Tax Freedom Act ([47 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section151&num=0&edition=prelim) note); (5) the term “remote computing service” has the meaning given that term in section 2711; (6) the term “provider” means an electronic communication service provider or remote computing service; (7) the term “NCMEC” means the National Center for Missing & Exploited Children; and (8) the term “website” means any collection of material placed in a computer server-based file archive so that it is publicly accessible, over the Internet, using hypertext transfer protocol or any successor protocol.

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 2258E

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 2258D — Limited liability for NCMEC

**(a) In General.—** Pursuant to its clearinghouse role as a private, nonprofit organization and its mission to help find missing children, reduce online sexual exploitation of children and prevent future victimization, and except as provided in subsections (b) and (c), a civil claim or criminal charge against NCMEC, including any director, officer, employee, or agent of NCMEC, arising from the performance of the CyberTipline responsibilities or functions of NCMEC, as described in this section, section 2258A or 2258C of this title, or section 404 of the Missing Children’s Assistance Act ([34 U.S.C. 11293](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section11293&num=0&edition=prelim)), or from the efforts of NCMEC to identify child victims may not be brought in any Federal or State court. **(b) Intentional, Reckless, or Other Misconduct.—** Subsection (a) shall not apply to a claim or charge if NCMEC, or a director, officer, employee, or agent of NCMEC— (1) engaged in intentional misconduct; or (2) acted, or failed to act— (A) with actual malice; (B) with reckless disregard to a substantial risk of causing injury without legal justification; or (C) for a purpose unrelated to the performance of any responsibility or function under this section, section 2258A or 2258C of this title, or section 404 of the Missing Children’s Assistance Act ([34 U.S.C. 11293](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section11293&num=0&edition=prelim)). **(c) Ordinary Business Activities.—** Subsection (a) shall not apply to an act or omission relating to an ordinary business activity, including general administration or operations, the use of motor vehicles, or personnel management. **(d) Minimizing Access.—** NCMEC shall— (1

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 2258D

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