
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5773]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 72--JUVENILE JUSTICE AND DELINQUENCY PREVENTION
 
                     SUBCHAPTER IV--MISSING CHILDREN
 
Sec. 5773. 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 telephone line, established under subsection 
    (b)(1) of this section, to appropriate entities;
        (4) provide adequate staff and agency resources which are 
    necessary to properly carry out the responsibilities pursuant to 
    this subchapter; and
        (5) not later than 180 days after the end of each fiscal year, 
    submit a report to the President, Speaker of the House of 
    Representatives, and the President pro tempore 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 telephone line established under subsection (b)(1)(A) 
        of this section and the number and types of communications 
        referred to the national communications system established under 
        section 5712a \1\ of this title;
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    \1\ See References in Text note below.
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            (F) describing in detail the activities in the preceding 
        fiscal year of the national resource center and clearinghouse 
        established under subsection (b)(2) of this section;
            (G) describing all the programs for which assistance was 
        provided under section 5775 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 5775(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 5775(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.\2\
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    \2\ So in original. Probably should be ``case.''
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(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 telephone line 
        by which individuals may report information regarding the 
        location of any missing child, or other child 13 years of age or 
        younger whose whereabouts are unknown to such child's legal 
        custodian, and request information pertaining to procedures 
        necessary to reunite such child with such child's legal 
        custodian; and
            (ii) coordinate the operation of such telephone line with 
        the operation of the national communications system referred to 
        in part C of subchapter III of this chapter;
            (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, and individuals, information 
        regarding--
                (i) free or low-cost legal, restaurant, lodging, and 
            transportation services that are available for the benefit 
            of missing and exploited children and their families; and
                (ii) the existence and nature of programs being carried 
            out by Federal agencies to assist missing and exploited 
            children and their families;

            (D) coordinate public and private programs that locate, 
        recover, or reunite missing children with their families;
            (E) disseminate, on a national basis, information relating 
        to innovative and model programs, services, and legislation that 
        benefit missing and exploited children;
            (F) 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; and
            (G) provide assistance to families and law enforcement 
        agencies in locating and recovering missing and exploited 
        children, both nationally and internationally.

                 (2) Authorization of appropriations

        There is authorized to be appropriated to the Administrator to 
    carry out this subsection, $10,000,000 for each of fiscal years 
    2000, 2001, 2002, and 2003.

(c) National incidence studies

    The Administrator, either by making grants to or entering into 
contracts with public agencies or nonprofit private agencies, shall--
        (1) periodically 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 
    kidnapings, and the number of children who are recovered each year; 
    and
        (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 to identify and 
    locate missing children.

(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, Sec. 404, as added Pub. L. 98-473, title II, 
Sec. 660, Oct. 12, 1984, 98 Stat. 2126; amended Pub. L. 100-690, title 
VII, Sec. 7285, Nov. 18, 1988, 102 Stat. 4459; Pub. L. 101-204, title X, 
Sec. 1004(2), Dec. 7, 1989, 103 Stat. 1828; Pub. L. 106-71, Sec. 2(c), 
Oct. 12, 1999, 113 Stat. 1034.)

                       References in Text

    Section 5712a of this title, referred to in subsec. (a)(5)(E), was 
repealed by Pub. L. 102-586, Sec. 3(g)(2)(A), Nov. 4, 1992, 106 Stat. 
5025. See section 5714-11 of this title.


                               Amendments

    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, Sec. 1004(2)(A), 
substituted semicolon for comma at end.
    Subsec. (b)(2)(A). Pub. L. 101-204, Sec. 1004(2)(B), inserted ``to'' 
before ``provide to State''.
    1988--Subsec. (a)(3). Pub. L. 100-690, Sec. 7285(a)(1), struck out 
``law enforcement'' before ``entities''.
    Subsec. (a)(4). Pub. L. 100-690, Sec. 7285(a)(2), inserted ``and'' 
at end.
    Subsec. (a)(5). Pub. L. 100-690, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 7285(b)(3), (4), added par. 
(4).


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-690 effective Oct. 1, 1988, with the report 
required by subsec. (a)(5) 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)(5) of this section, see section 
7296(a), (b)(3) of Pub. L. 100-690, as amended, set out as a note under 
section 5601 of this title.
