Kevin and Avonte's Law of 2016
TITLE I--MISSING ALZHEIMER'S DISEASE PATIENT ALERT PROGRAM REAUTHORIZATION
Missing Americans Alert Program Act of 2016
(Sec. 102) This bill amends the Violent Crime Control and Law Enforcement Act of 1994 to revise and rename the Missing Alzheimer's Disease Patient Alert Program as the Missing Americans Alert Program and to reauthorize it through FY2021.
It directs the Department of Justice's (DOJ's) Bureau of Justice Assistance (BJA) to award competitive grants to health care, law enforcement, or public safety agencies, and nonprofit organizations, to develop or operate locally based proactive programs to prevent wandering and locate missing individuals with dementia or children with developmental disabilities. The BJA must give preference to law enforcement or public safety agencies partnering with nonprofit organizations that use person-centered plans and are directly linked to individuals, and families of individuals, with dementia or developmental disabilities.
Additionally, it directs the BJA to award grants to health care, law enforcement, or public safety agencies to develop tracking technology programs to locate missing individuals with dementia or children with developmental disabilities.
The bill subjects grants under the Missing Americans Program to accountability provisions. DOJ's Office of Inspector General must conduct annual audits of selected grant recipients. The bill prohibits grants to nonprofit organizations that hold money in an offshore account to avoid tax liability. It also limits the use of grants under this bill for conferences that use more than $20,000 in DOJ funds.
DOJ must identify and report on duplicative grant awards. DOJ must also report annually to Congress certain information regarding the Missing Americans Alert Program.
TITLE II--EDUCATION AND OUTREACH
(Sec. 201) The bill amends the Missing Children's Assistance Act to specify that, with respect to training and technical assistance provided by the National Center for Missing and Exploited Children, cases involving missing and exploited children include cases involving children with developmental disabilities such as autism.
TITLE III--PRIVACY PROTECTIONS
(Sec. 302) DOJ must establish and certain grant recipients must comply with standards and best practices related to the use of tracking technology to locate missing individuals with dementia or developmental disabilities.
The bill prohibits the use of data from tracking devices to create a federal database. It also prohibits construing this bill to require a parent or guardian to use a tracking device.
TITLE IV--MISCELLANEOUS
(Sec. 401) This provision prohibits the authorization of FY2017 funds for the Byrne Criminal Justice Innovation Program.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4919 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 4919
To amend the Violent Crime Control and Law Enforcement Act of 1994, to
reauthorize the Missing Alzheimer's Disease Patient Alert Program, and
to promote initiatives that will reduce the risk of injury and death
relating to the wandering characteristics of some children with autism.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 12, 2016
Mr. Smith of New Jersey (for himself, Ms. Maxine Waters of California,
Mr. Michael F. Doyle of Pennsylvania, Mr. Hastings, Mr. Chabot, Mr.
King of New York, Ms. Brown of Florida, Mr. Larson of Connecticut, Mr.
Aderholt, Ms. Norton, Mr. Joyce, Mr. Meehan, Mr. Rangel, Mr. Brendan F.
Boyle of Pennsylvania, Mr. Costello of Pennsylvania, Mr. Garamendi, Mr.
Sean Patrick Maloney of New York, and Mr. Carson of Indiana) introduced
the following bill; which was referred to the Committee on the
Judiciary, and in addition to the Committee on Education and the
Workforce, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Violent Crime Control and Law Enforcement Act of 1994, to
reauthorize the Missing Alzheimer's Disease Patient Alert Program, and
to promote initiatives that will reduce the risk of injury and death
relating to the wandering characteristics of some children with autism.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kevin and Avonte's Law of 2016''.
TITLE I--MISSING ALZHEIMER'S DISEASE PATIENT ALERT PROGRAM
REAUTHORIZATION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Missing Americans Alert Program
Act of 2016''.
SEC. 102. REAUTHORIZATION OF THE MISSING ALZHEIMER'S DISEASE PATIENT
ALERT PROGRAM.
(a) Amendments.--Section 240001 of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 14181) is amended--
(1) in the section header, by striking ``alzheimer's
disease patient'' and inserting ``americans'';
(2) by striking subsection (a) and inserting the following:
``(a) Grant Program To Reduce Injury and Death of Missing Americans
With Dementia and Developmental Disabilities.--Subject to the
availability of appropriations to carry out this section, the Attorney
General, through the Bureau of Justice Assistance and in consultation
with the Secretary of Health and Human Services--
``(1) shall award grants to State and local law enforcement
or public safety agencies to assist such agencies in designing,
establishing, and operating locative tracking technology
programs for individuals with forms of dementia, such as
Alzheimer's Disease, or children with developmental
disabilities, such as autism, who have wandered from safe
environments; and
``(2) shall award competitive grants to State and local law
enforcement or public safety agencies and nonprofit
organizations to assist such entities in planning, designing,
establishing, or operating locally based, proactive programs to
prevent wandering and locate missing individuals with forms of
dementia, such as Alzheimer's Disease, or developmental
disabilities, such as autism, who, due to their condition,
wander from safe environments, including programs that--
``(A) provide prevention and response information,
including online training resources, and referrals to
families or guardians of such individuals who, due to
their condition, wander from a safe environment;
``(B) provide education and training, including
online training resources, to first responders, school
personnel, clinicians, and the public in order to--
``(i) increase personal safety and survival
skills for such individuals who, due to their
dementia or developmental disabilities, wander
from safe environments;
``(ii) facilitate the rescue and recovery
of individuals who, due to their dementia or
developmental disabilities, wander from safe
environments; and
``(iii) recognize and respond to endangered
missing individuals with dementia or
developmental disabilities who, due to their
condition, wander from safe environments;
``(C) provide prevention and response training and
emergency protocols for school administrators, staff,
and families or guardians of individuals with dementia,
such as Alzheimer's Disease, or developmental
disabilities, such as autism, to help reduce the risk
of wandering by such individuals; and
``(D) develop, operate, or enhance a notification
or communications systems for alerts, advisories, or
dissemination of other information for the recovery of
missing individuals with forms of dementia, such as
Alzheimer's Disease, or with developmental
disabilities, such as autism.'';
(3) in subsection (b)--
(A) by inserting ``competitive'' after ``to receive
a'';
(B) by inserting ``agency or'' before
``organization'' each place it appears; and
(C) by adding at the end the following: ``The
Attorney General shall periodically solicit
applications for grants under this section by
publishing a request for applications in the Federal
Register and by posting such a request on the website
of the Department of Justice.''; and
(4) by striking subsections (c) and (d) and inserting the
following:
``(c) Preference.--In awarding grants under subsection (a)(1), the
Attorney General shall give preference to law enforcement or public
safety agencies that partner with nonprofit organizations that have a
direct link to individuals, and families of individuals, with forms of
dementia, such as Alzheimer's Disease, or developmental disabilities,
such as autism.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $2,000,000 for each of fiscal
years 2017 through 2021.
``(e) Grant Accountability.--All grants awarded by the Attorney
General under this section shall be subject to the following
accountability provisions:
``(1) Audit requirement.--
``(A) Definition.--In this paragraph, the term
`unresolved audit finding' means a finding in the final
audit report of the Inspector General of the Department
of Justice that the audited grantee has utilized grant
funds for an unauthorized expenditure or otherwise
unallowable cost that is not closed or resolved within
12 months from the date when the final audit report is
issued.
``(B) Audits.--Beginning in the first fiscal year
beginning after the date of enactment of this
subsection, and in each fiscal year thereafter, the
Inspector General of the Department of Justice shall
conduct audits of recipients of grants under this
section to prevent waste, fraud, and abuse of funds by
grantees. The Inspector General shall determine the
appropriate number of grantees to be audited each year.
``(C) Mandatory exclusion.--A recipient of grant
funds under this section that is found to have an
unresolved audit finding shall not be eligible to
receive grant funds under this section during the first
2 fiscal years beginning after the end of the 12-month
period described in subparagraph (A).
``(D) Priority.--In awarding grants under this
section, the Attorney General shall give priority to
eligible applicants that did not have an unresolved
audit finding during the 3 fiscal years before
submitting an application for a grant under this
section.
``(E) Reimbursement.--If an entity is awarded grant
funds under this section during the 2-fiscal-year
period during which the entity is barred from receiving
grants under subparagraph (C), the Attorney General
shall--
``(i) deposit an amount equal to the amount
of the grant funds that were improperly awarded
to the grantee into the General Fund of the
Treasury; and
``(ii) seek to recoup the costs of the
repayment to the fund from the grant recipient
that was erroneously awarded grant funds.
``(2) Nonprofit organization requirements.--
``(A) Definition of nonprofit organization.--For
purposes of this paragraph and the grant programs under
this part, the term `nonprofit organization' means an
organization that is described in section 501(c)(3) of
the Internal Revenue Code of 1986 and is exempt from
taxation under section 501(a) of such Code.
``(B) Prohibition.--The Attorney General may not
award a grant under this part to a nonprofit
organization that holds money in offshore accounts for
the purpose of avoiding paying the tax described in
section 511(a) of the Internal Revenue Code of 1986.
``(C) Disclosure.--Each nonprofit organization that
is awarded a grant under this section and uses the
procedures prescribed in regulations to create a
rebuttable presumption of reasonableness for the
compensation of its officers, directors, trustees, and
key employees, shall disclose to the Attorney General,
in the application for the grant, 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 disclosed under this subparagraph
available for public inspection.
``(3) Conference expenditures.--
``(A) Limitation.--No amounts made available to the
Department of Justice under this section may be used by
the Attorney General, or by any individual or entity
awarded discretionary funds through a cooperative
agreement under this section, to host or support any
expenditure for conferences that uses more than $20,000
in funds made available by the Department of Justice,
unless the head of the relevant agency or department,
provides prior written authorization that the funds may
be expended to host the 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, beverages, audio-visual equipment,
honoraria for speakers, and entertainment.
``(C) Report.--The Deputy Attorney General shall
submit an annual report to the Committee on the
Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives on all
conference expenditures approved under this paragraph.
``(4) Annual certification.--Beginning in the first fiscal
year beginning after the date of enactment of this subsection,
the Attorney General shall submit, to the Committee on the
Judiciary and the Committee on Appropriations of the Senate and
the Committee on the Judiciary and the Committee on
Appropriations of the House of Representatives, an annual
certification--
``(A) indicating whether--
``(i) all audits issued by the Office of
the Inspector General under paragraph (1) have
been completed and reviewed by the appropriate
Assistant Attorney General or Director;
``(ii) all mandatory exclusions required
under paragraph (1)(C) have been issued; and
``(iii) all reimbursements required under
paragraph (1)(E) have been made; and
``(B) that includes a list of any grant recipients
excluded under paragraph (1) from the previous year.
``(f) Preventing Duplicative Grants.--
``(1) In general.--Before the Attorney General awards a
grant to an applicant under this section, the Attorney General
shall compare potential grant awards with other grants awarded
by the Attorney General to determine if grant awards are or
have been awarded for a similar purpose.
``(2) Report.--If the Attorney General awards grants to the
same applicant for a similar purpose the Attorney General shall
submit to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives a
report that includes--
``(A) a list of all such grants awarded, including
the total dollar amount of any such grants awarded; and
``(B) the reason the Attorney General awarded
multiple grants to the same applicant for a similar
purpose.''.
(b) Table of Contents.--The table of contents in section 2 of the
Violent Crime Control and Law Enforcement Act of 1994 is amended by
striking the item relating to section 240001 and inserting the
following:
``Sec. 240001. Missing Americans Alert Program.''.
TITLE II--EDUCATION AND OUTREACH
SEC. 201. ACTIVITIES BY THE NATIONAL CENTER FOR MISSING AND EXPLOITED
CHILDREN.
Section 404(b)(1)(H) of the Missing Children's Assistance Act (42
U.S.C. 5773(b)(1)(H)) is amended by inserting ``, including cases
involving children with developmental disabilities such as autism''
before the semicolon.
TITLE III--PRIVACY PROTECTIONS
SEC. 301. DEFINITIONS.
In this title:
(1) Child.--The term ``child'' means an individual who is
less than 18 years of age.
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e)).
(3) Law enforcement agency.--The term ``law enforcement
agency'' means an agency of a State, unit of local government,
or Indian tribe that is authorized by law or by a government
agency to engage in or supervise the prevention, detection,
investigation, or prosecution of any violation of criminal law.
(4) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands.
(5) Unit of local government.--The term ``unit of local
government'' means a county, municipality, town, township,
village, parish, borough, or other unit of general government
below the State level.
SEC. 302. STANDARDS AND BEST PRACTICES FOR USE OF TRACKING DEVICES.
(a) Establishment.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Attorney General, in consultation
with the Secretary of Health and Human Services and leading
research, advocacy, self-advocacy, and service organizations,
shall establish standards and best practices relating to the
use of tracking technology to locate individuals as described
in subsection (a)(2) of section 240001 of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 14181), as
added by this Act.
(2) Requirements.--In establishing the standards and best
practices required under paragraph (1), the Attorney General
shall--
(A) determine--
(i) the criteria used to determine which
individuals would benefit from the use of a
tracking device;
(ii) who should have direct access to the
tracking system; and
(iii) which types of tracking devices can
be used in compliance with the standards and
best practices; and
(B) establish standards and best practices the
Attorney General determines are necessary to the
administration of a tracking system, including
procedures to--
(i) safeguard the privacy of the data used
by the tracking device such that--
(I) access to the data is
restricted to agencies determined
necessary by the Attorney General; and
(II) use of the data is solely for
the purpose of preventing injury or
death;
(ii) establish criteria to determine
whether use of the tracking device is the least
restrictive alternative in order to prevent
risk of injury or death before issuing the
tracking device, including the previous
consideration of less restrictive alternatives;
(iii) provide training for law enforcement
agencies to recognize signs of abuse during
interactions with applicants for tracking
devices;
(iv) protect the civil rights and liberties
of the individuals who use tracking devices,
including their rights under the Fourth
Amendment to the Constitution of the United
States;
(v) establish a complaint and investigation
process to address--
(I) incidents of noncompliance by
recipients of grants under subsection
(a)(2) of section 240001 of the Violent
Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 14181), as added by
this Act, with the best practices
established by the Attorney General or
other applicable law; and
(II) use of a tracking device over
the objection of an individual; and
(vi) determine the role that State agencies
should have in the administration of a tracking
system.
(b) Required Compliance.--
(1) In general.--Each entity that receives a grant under
subsection (a)(2) of section 240001 of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 14181), as
added by this Act, shall comply with any standards and best
practices relating to the use of tracking devices established
by the Attorney General in accordance with subsection (a).
(2) Determination of compliance.--The Attorney General, in
consultation with the Secretary of Health and Human Services,
shall determine whether an entity that receives a grant under
subsection (a)(2) of section 240001 of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 14181), as
added by this Act, acts in compliance with the requirement
described in paragraph (1).
(c) Applicability of Standards and Best Practices.--The standards
and best practices established by the Attorney General under subsection
(a) shall apply only to the grant programs authorized under subsection
(a)(2) of section 240001 of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14181), as added by this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Referred to the Subcommittee on Early Childhood, Elementary, and Secondary Education.
Mr. Goodlatte moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H7333-7340; text of measure as introduced: CR H7333-7335)
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DEBATE - The House proceeded with forty minutes of debate on H.R. 4919.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H7412)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 346 - 66 (Roll no. 619).(text: CR 12/7/2016 H7333-7335)
Roll Call #619 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 346 - 66 (Roll no. 619). (text: CR 12/7/2016 H7333-7335)
Roll Call #619 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.