Description of activities
Annual grant to National Center for Missing and Exploited Children
In general
Limitation
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.
Definition of compensation
National incidence studies
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, § 404Pub. L. 98–473, title II, § 66098 Stat. 2126Pub. L. 100–690, title VII, § 7285102 Stat. 4459Pub. L. 101–204, title X, § 1004(2)103 Stat. 1828Pub. L. 106–71, § 2(c)113 Stat. 1034Pub. L. 107–273, div. C, title II, § 12221(b)(2)116 Stat. 1894Pub. L. 108–21, title III117 Stat. 664Pub. L. 108–96, title II, § 202(a)117 Stat. 1172Pub. L. 110–240, § 3122 Stat. 1561Pub. L. 113–38, § 2(b)127 Stat. 527Pub. L. 114–22, title II, § 211129 Stat. 249Pub. L. 115–141, div. Q, title II, § 201132 Stat. 1120Pub. L. 115–267, § 2(c)132 Stat. 3757Pub. L. 115–393, title II, § 202(c)132 Stat. 5268Pub. L. 118–65, § 2(b)138 Stat. 1439(, as added , , ; amended , , ; , , ; , , ; , , ; , §§ 321(b), 323, , , 665; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)
Editorial Notes
References in Text
section 513 of Pub. L. 93–38088 Stat. 571section 1232g of Title 20section 1221 of Title 20The Family Educational Rights and Privacy Act of 1974, referred to in subsec. (c)(2), is , title V, , , which enacted , 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 and Tables.
Codification
section 5773 of Title 42Section was formerly classified to , 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
section 404 of Pub. L. 93–415section 3882 of Title 42Pub. L. 95–115, § 1091 Stat. 1061Pub. L. 107–273, div. C, title II, § 12221(a)(4)116 Stat. 1894A prior amended , The Public Health and Welfare, and was repealed by , , , and , , .
Amendments
Pub. L. 118–65, § 2(b)(1)2024—Subsec. (a)(6)(E). , substituted “the CyberTipline established” for “the tipline established”.
Pub. L. 118–65, § 2(b)(2)(A)(i)Subsec. (b)(1)(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”.
Pub. L. 118–65, § 2(b)(2)(A)(ii)Subsec. (b)(1)(A)(ii), (iii). , (iii), added cl. (ii) and redesignated former cl. (ii) as (iii).
Pub. L. 118–65, § 2(b)(2)(B)Subsec. (b)(1)(D). , substituted “with their parents” for “with their families”.
Pub. L. 118–65, § 2(b)(2)(C)Subsec. (b)(1)(F). , substituted “to parents” for “to families”.
Pub. L. 118–65, § 2(b)(2)(D)Subsec. (b)(1)(G). , 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;”.
Pub. L. 118–65, § 2(b)(2)(E)Subsec. (b)(1)(H). , inserted “on long-term missing child cases” after “techniques to assist”.
Pub. L. 118–65, § 2(b)(2)(F)Subsec. (b)(1)(I). , 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;”.
Pub. L. 118–65, § 2(b)(2)(G)Subsec. (b)(1)(J). , substituted “with their parents” for “with their families”.
Pub. L. 118–65, § 2(b)(2)(H)(i)(I)Subsec. (b)(1)(K)(i). , substituted “CyberTipline” for “tipline” in introductory provisions.
Pub. L. 118–65, § 2(b)(2)(H)(i)(II)(aa)Subsec. (b)(1)(K)(i)(I)(aa). , substituted “child sexual abuse material” for “child pornography”.
Pub. L. 118–65, § 2(b)(2)(H)(i)(II)(bb)Subsec. (b)(1)(K)(i)(I)(dd). , substituted “extraterritorial child sexual abuse and exploitation” for “sex tourism involving children”.
Pub. L. 118–65, § 2(b)(2)(H)(i)(II)(cc)Subsec. (b)(1)(K)(i)(I)(ee). , struck out “extra-familial” before “child”.
Pub. L. 118–65, § 2(b)(2)(H)(i)(III)Subsec. (b)(1)(K)(i)(II). , substituted “CyberTipline” for “tipline” and inserted “and” at end.
Pub. L. 118–65, § 2(b)(2)(H)(ii)Subsec. (b)(1)(K)(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”.
Pub. L. 118–65, § 2(b)(2)(H)(iii)Subsec. (b)(1)(K)(iii). , struck out cl. (iii) which read as follows: “by utilizing emerging technologies to provide additional outreach and educational materials to parents and families;”.
Pub. L. 118–65, § 2(b)(2)(J)Subsec. (b)(1)(L). , added subpar. (L). Former subpar. (L) redesignated (M).
Pub. L. 118–65, § 2(b)(2)(I)Subsec. (b)(1)(M). , (K)(i), redesignated subpar. (L) as (M) and inserted “educational” before “information to families” in introductory provisions. Former subpar. (M) redesignated (N).
Pub. L. 118–65, § 2(b)(2)(K)(ii)Subsec. (b)(1)(M)(i). , substituted “missing children and child” for “child abduction and” and inserted “and” at end.
Pub. L. 118–65, § 2(b)(2)(K)(iii)Subsec. (b)(1)(M)(ii), (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;”.
Pub. L. 118–65, § 2(b)(2)(I)Subsec. (b)(1)(N). , (L), redesignated subpar. (M) as (N) and inserted “and preventing child sexual exploitation” after “recovering such children”. Former subpar. (N) redesignated (O).
Pub. L. 118–65, § 2(b)(2)(M)Subsec. (b)(1)(O). , 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).
Pub. L. 118–65, § 2(b)(2)(I)Subsec. (b)(1)(P). , (N), redesignated subpar. (O) as (P) and inserted “and recovery support services” after “technical assistance”.
Pub. L. 118–65, § 2(b)(3)Subsec. (c)(3). , added par. (3).
Pub. L. 115–267, § 2(c)(1)(A)Pub. L. 115–393, § 202(c)(1)(A)2018—Subsec. (a)(3). , and , amended par. (3) identically, substituting “hotline” for “telephone line”.
Pub. L. 115–267, § 2(c)(1)(B)Pub. L. 115–393, § 202(c)(1)(B)Subsec. (a)(6)(E). , and , 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.
Pub. L. 115–267, § 2(c)(2)(A)Pub. L. 115–393, § 202(c)(2)(A)Subsec. (b)(1)(A)(i). , and , amended cl. (i) identically, substituting “hotline” for “telephone line” and “parent” for “legal custodian”.
Pub. L. 115–267, § 2(c)(2)(A)(i)Pub. L. 115–393, § 202(c)(2)(A)(i)Subsec. (b)(1)(A)(ii). , and , amended cl. (ii) identically, substituting “hotline” for “telephone line”.
Pub. L. 115–267, § 2(c)(2)(B)(i)Pub. L. 115–393, § 202(c)(2)(B)(i)Subsec. (b)(1)(C)(i). , and , amended cl. (i) identically, substituting “food” for “restaurant” and striking out “and” at end.
Pub. L. 115–267, § 2(c)(2)(B)(ii)Pub. L. 115–393, § 202(c)(2)(B)(ii)Subsec. (b)(1)(C)(iii). , (iii), and , (iii), amended subsec. (b)(1)(C) identically, adding cl. (iii).
Pub. L. 115–393, § 202(c)(2)(C)Pub. L. 115–267, § 2(c)(2)(C)Pub. L. 115–267Subsec. (b)(1)(E) to (V). –(L), made amendments to subpars. (E) to (V) substantially identical to those made by –(L). See Amendment notes below. Text of subsec. (b)(1)(E) to (V) is based on amendments by .
Pub. L. 115–267, § 2(c)(2)(D)Subsec. (b)(1)(E). , (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;”.
Pub. L. 115–267, § 2(c)(2)(D)Subsec. (b)(1)(F). , (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.
Pub. L. 115–267, § 2(c)(2)(D)Subsec. (b)(1)(G). , (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;”.
Pub. L. 115–267, § 2(c)(2)(D)Subsec. (b)(1)(H). , (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.
Pub. L. 115–267, § 2(c)(2)(E)Subsec. (b)(1)(I). , (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).
Pub. L. 115–267, § 2(c)(2)(E)Subsec. (b)(1)(J). , redesignated subpar. (O) as (J). Former subpar. (J) redesignated (G).
Pub. L. 115–267, § 2(c)(2)(F)Subsec. (b)(1)(K). , (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).
Pub. L. 115–267, § 2(c)(2)(G)Subsec. (b)(1)(L). , (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;”.
Pub. L. 115–267, § 2(c)(2)(G)Subsec. (b)(1)(M). , (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;”.
Pub. L. 115–267, § 2(c)(2)(G)Subsec. (b)(1)(N). , redesignated subpar. (U) as (N). Former subpar. (N) redesignated (I).
Pub. L. 115–267, § 2(c)(2)(G)Subsec. (b)(1)(O). , redesignated subpar. (V) as (O). Former subpar. (O) redesignated (J).
Pub. L. 115–267, § 2(c)(2)(C)Subsec. (b)(1)(P). , struck out subpar. (P) which related to cyber tipline for reporting Internet-related child sexual exploitation.
Pub. L. 115–267, § 2(c)(2)(F)Subsec. (b)(1)(Q). , redesignated subpar. (Q) as (K).
Pub. L. 115–267, § 2(c)(2)(C)Subsec. (b)(1)(R). , 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;”.
Pub. L. 115–267, § 2(c)(2)(G)Subsec. (b)(1)(S) to (V). , redesignated subpars. (S) to (V) as (L) to (O), respectively.
Pub. L. 114–222015—Subsec. (b)(1)(P)(iii). substituted “child sex trafficking, including child prostitution” for “child prostitution”.
Pub. L. 113–38, § 2(b)(1)(C)2013—Subsec. (a)(4). , added par. (4). Former par. (4) redesignated (5).
Pub. L. 113–38, § 2(b)(1)(B)Subsec. (a)(5). , 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”.
Pub. L. 113–38, § 2(b)(1)(B)Subsec. (a)(6). , redesignated par. (5) as (6).
Pub. L. 113–38, § 2(b)(2)(A)(i)Subsec. (b)(1)(C). , in introductory provisions, struck out “and” after “governments,” and inserted “State and local educational agencies,” after “nonprofit agencies,”.
Pub. L. 113–38, § 2(b)(2)(A)(ii)Subsec. (b)(1)(T) to (V). –(iv), added subpars. (T) to (V).
Pub. L. 113–38, § 2(b)(2)(B)Subsec. (b)(2). , 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.”
Pub. L. 113–38, § 2(b)(3)Subsec. (c)(1). , substituted “triennially” for “periodically” and “kidnappings” for “kidnapings”.
Pub. L. 113–38, § 2(b)(4)20 U.S.C. 1232gSubsec. (c)(2). , inserted “, in compliance with the Family Educational Rights and Privacy Act of 1974 ()” after “birth certificates”.
Pub. L. 110–240, § 3(1)2008—Subsec. (b)(1). , amended par. (1) generally. Prior to amendment, par. (1) consisted of subpars. (A) to (H) relating to annual grants to Center.
Pub. L. 110–240, § 3(2)Subsec. (b)(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”.
Pub. L. 108–21, § 3232003—Subsec. (b)(1)(H). , added subpar. (H).
Pub. L. 108–96Subsec. (b)(2). 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”.
Pub. L. 107–2732002—Subsec. (a)(5)(E). substituted “section 5714–11” for “section 5712a”.
Pub. L. 106–711999—Subsecs. (b) to (d). 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.
Pub. L. 101–204, § 1004(2)(A)1989—Subsec. (a)(5)(C). , substituted semicolon for comma at end.
Pub. L. 101–204, § 1004(2)(B)Subsec. (b)(2)(A). , inserted “to” before “provide to State”.
Pub. L. 100–690, § 7285(a)(1)1988—Subsec. (a)(3). , struck out “law enforcement” before “entities”.
Pub. L. 100–690, § 7285(a)(2)Subsec. (a)(4). , inserted “and” at end.
Pub. L. 100–690, § 7285(a)(3)Subsec. (a)(5). , 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”.
Pub. L. 100–690, § 7285(a)(4)Subsec. (a)(6). , 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.”
Pub. L. 100–690, § 7285(b)(1)Subsec. (b)(1). , designated existing provisions as subpar. (A), inserted “24-hour” after “national” and “and” at end, and added subpar. (B).
Pub. L. 100–690, § 7285(b)(2)(A)Subsec. (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;”.
Pub. L. 100–690, § 7285(b)(2)(B)Subsec. (b)(2)(D). , inserted “and training” after “assistance” and “and in locating and recovering missing children” before semicolon.
Pub. L. 100–690, § 7285(b)(3)Subsec. (b)(4). , (4), added par. (4).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Pub. L. 115–267section 4 of Pub. L. 115–267section 11291 of this titleAmendment by effective , and applicable to fiscal years beginning after , see , set out as a note under .
Effective Date of 2002 Amendment
Pub. L. 107–273section 12223 of Pub. L. 107–273section 11101 of this titleAmendment by effective on the first day of the first fiscal year that begins after , and applicable only with respect to fiscal years beginning on or after the first day of the first fiscal year that begins after , see , set out as a note under .
Effective Date of 1988 Amendment
Pub. L. 100–690Pub. L. 100–690section 11101 of this titleAmendment by effective , with the report required by subsec. (a)(6) of this section with respect to fiscal year 1988 to be submitted not later than , notwithstanding the 180-day period provided in subsec. (a)(6) of this section, see section 7296(a), (b)(3) of , set out as a note under .
Termination of Reporting Requirements
section 3003 of Pub. L. 104–66section 1113 of Title 31For termination, effective , 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 , set out as a note under , Money and Finance, and the 2nd item on page 122 of House Document No. 103–7.