In the Senate of the United States, 

December 21, 2017. 

Resolved, That the bill from the House of Representatives (H.R. 195) entitled ‘‘An Act to amend title 44, United 

States Code, to restrict the distribution of free printed copies 

of the Federal Register to Members of Congress and other 

officers and employees of the United States, and for other 

purposes.’’, do pass with the following 

AMENDMENT: 

At the end, add the following: 

1 TITLE II—KEVIN AND AVONTE’S 

2 LAW OF 2017 

3 SEC. 201. SHORT TITLE. 

4 This title may be cited as the ‘‘Kevin and Avonte’s 

5 Law of 2017’’. 
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1 Subtitle A—Missing Alzheimer’s 

2 Disease Patient Alert Program 

3 Reauthorization 

4 SEC. 211. SHORT TITLE. 

5 This subtitle may be cited as the ‘‘Missing Americans 

6 Alert Program Act of 2017’’. 

7 SEC. 212. REAUTHORIZATION OF THE MISSING ALZ8 HEIMER’S DISEASE PATIENT ALERT PRO9 GRAM. 

10 (a) AMENDMENTS.—Section 240001 of the Violent 

11 Crime Control and Law Enforcement Act of 1994 (34 

12 U.S.C. 12621) is amended— 

13 (1) in the section header, by striking ‘‘ALZ14 HEIMER’S DISEASE PATIENT’’ and inserting 

15 ‘‘AMERICANS’’; 

16 (2) by striking subsection (a) and inserting the 

17 following: 

18 ‘‘(a) GRANT PROGRAM TO REDUCE INJURY AND

19 DEATH OF MISSING AMERICANS WITH DEMENTIA AND DE20 VELOPMENTAL DISABILITIES.—Subject to the availability 

21 of appropriations to carry out this section, the Attorney 

22 General, through the Bureau of Justice Assistance and in 

23 consultation with the Secretary of Health and Human 

24 Services— 
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1 ‘‘(1) shall award competitive grants to health 

2 care agencies, State and local law enforcement agen3 cies, or public safety agencies and nonprofit organiza4 tions to assist such entities in planning, designing, 

5 establishing, or operating locally based, proactive pro6 grams to prevent wandering and locate missing indi7 viduals with forms of dementia, such as Alzheimer’s 

8 Disease, or developmental disabilities, such as autism, 

9 who, due to their condition, wander from safe envi10 ronments, including programs that— 

11 ‘‘(A) provide prevention and response infor12 mation, including online training resources, and 

13 referrals to families or guardians of such indi14 viduals who, due to their condition, wander from 

15 a safe environment; 

16 ‘‘(B) provide education and training, in17 cluding online training resources, to first re18 sponders, school personnel, clinicians, and the 

19 public in order to— 

20 ‘‘(i) increase the safety and reduce the 

21 incidence of wandering of persons, who, due 

22 to their dementia or developmental disabil23 ities, may wander from safe environments; 

24 ‘‘(ii) facilitate the rescue and recovery 

25 of individuals who, due to their dementia or 
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1 developmental disabilities, wander from safe 

2 environments; and 

3 ‘‘(iii) recognize and respond to and ap4 propriately interact with endangered miss5 ing individuals with dementia or develop6 mental disabilities who, due to their condi7 tion, wander from safe environments; 

8 ‘‘(C) provide prevention and response train9 ing and emergency protocols for school adminis10 trators, staff, and families or guardians of indi11 viduals with dementia, such as Alzheimer’s Dis12 ease, or developmental disabilities, such as au13 tism, to help reduce the risk of wandering by 

14 such individuals; and 

15 ‘‘(D) develop, operate, or enhance a notifi16 cation or communications systems for alerts, 

17 advisories, or dissemination of other information 

18 for the recovery of missing individuals with 

19 forms of dementia, such as Alzheimer’s Disease, 

20 or with developmental disabilities, such as au21 tism; and 

22 ‘‘(2) shall award grants to health care agencies, 

23 State and local law enforcement agencies, or public 

24 safety agencies to assist such agencies in designing, 

25 establishing, and operating locative tracking tech-
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1 nology programs for individuals with forms of demen2 tia, such as Alzheimer’s Disease, or children with de3 velopmental disabilities, such as autism, who have 

4 wandered from safe environments.’’; 

5 (3) in subsection (b)— 

6 (A) by inserting ‘‘competitive’’ after ‘‘to re7 ceive a’’; 

8 (B) by inserting ‘‘agency or’’ before ‘‘orga9 nization’’ each place it appears; and 

10 (C) by adding at the end the following: 

11 ‘‘The Attorney General shall periodically solicit 

12 applications for grants under this section by 

13 publishing a request for applications in the Fed14 eral Register and by posting such a request on 

15 the website of the Department of Justice.’’; and 

16 (4) by striking subsections (c) and (d) and in17 serting the following: 

18 ‘‘(c) PREFERENCE.—In awarding grants under sub19 section (a)(1), the Attorney General shall give preference to 

20 law enforcement or public safety agencies that partner with 

21 nonprofit organizations that appropriately use person-cen22 tered plans minimizing restrictive interventions and that 

23 have a direct link to individuals, and families of individ24 uals, with forms of dementia, such as Alzheimer’s Disease, 

25 or developmental disabilities, such as autism. 
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1 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this section 

3 $2,000,000 for each of fiscal years 2018 through 2022. 

4 ‘‘(e) GRANT ACCOUNTABILITY.—All grants awarded by 

5 the Attorney General under this section shall be subject to 

6 the following accountability provisions: 

7 ‘‘(1) AUDIT REQUIREMENT.— 

8 ‘‘(A) DEFINITION.—In this paragraph, the 

9 term ‘unresolved audit finding’ means a finding 

10 in the final audit report of the Inspector General 

11 of the Department of Justice that the audited 

12 grantee has utilized grant funds for an unau13 thorized expenditure or otherwise unallowable 

14 cost that is not closed or resolved within 12 

15 months from the date when the final audit report 

16 is issued. 

17 ‘‘(B) AUDITS.—Beginning in the first fiscal 

18 year beginning after the date of enactment of 

19 this subsection, and in each fiscal year there20 after, the Inspector General of the Department of 

21 Justice shall conduct audits of recipients of 

22 grants under this section to prevent waste, fraud, 

23 and abuse of funds by grantees. The Inspector 

24 General shall determine the appropriate number 

25 of grantees to be audited each year. 
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1 ‘‘(C) MANDATORY EXCLUSION.—A recipient 

2 of grant funds under this section that is found 

3 to have an unresolved audit finding shall not be 

4 eligible to receive grant funds under this section 

5 during the first 2 fiscal years beginning after the 

6 end of the 12-month period described in subpara7 graph (A). 

8 ‘‘(D) PRIORITY.—In awarding grants under 

9 this section, the Attorney General shall give pri10 ority to eligible applicants that did not have an 

11 unresolved audit finding during the 3 fiscal 

12 years before submitting an application for a 

13 grant under this section. 

14 ‘‘(E) REIMBURSEMENT.—If an entity is 

15 awarded grant funds under this section during 

16 the 2-fiscal-year period during which the entity 

17 is barred from receiving grants under subpara18 graph (C), the Attorney General shall— 

19 ‘‘(i) deposit an amount equal to the 

20 amount of the grant funds that were im21 properly awarded to the grantee into the 

22 General Fund of the Treasury; and 

23 ‘‘(ii) seek to recoup the costs of the re24 payment to the fund from the grant recipi-
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1 ent that was erroneously awarded grant 

2 funds. 

3 ‘‘(2) NONPROFIT ORGANIZATION REQUIRE4 MENTS.— 

5 ‘‘(A) DEFINITION OF NONPROFIT ORGANIZA6 TION.—For purposes of this paragraph and the 

7 grant programs under this section, the term 

8 ‘nonprofit organization’ means an organization 

9 that is described in section 501(c)(3) of the Inter10 nal Revenue Code of 1986 and is exempt from 

11 taxation under section 501(a) of such Code. 

12 ‘‘(B) PROHIBITION.—The Attorney General 

13 may not award a grant under this section to a 

14 nonprofit organization that holds money in off15 shore accounts for the purpose of avoiding pay16 ing the tax described in section 511(a) of the In17 ternal Revenue Code of 1986. 

18 ‘‘(C) DISCLOSURE.—Each nonprofit organi19 zation that is awarded a grant under this section 

20 and uses the procedures prescribed in regulations 

21 to create a rebuttable presumption of reasonable22 ness for the compensation of its officers, direc23 tors, trustees, and key employees, shall disclose to 

24 the Attorney General, in the application for the 

25 grant, the process for determining such com-
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† HR 195 EAS 

1 pensation, including the independent persons in2 volved in reviewing and approving such com3 pensation, the comparability data used, and con4 temporaneous substantiation of the deliberation 

5 and decision. Upon request, the Attorney General 

6 shall make the information disclosed under this 

7 subparagraph available for public inspection. 

8 ‘‘(3) CONFERENCE EXPENDITURES.— 

9 ‘‘(A) LIMITATION.—No amounts made 

10 available to the Department of Justice under this 

11 section may be used by the Attorney General, or 

12 by any individual or entity awarded discre13 tionary funds through a cooperative agreement 

14 under this section, to host or support any ex15 penditure for conferences that uses more than 

16 $20,000 in funds made available by the Depart17 ment of Justice, unless the head of the relevant 

18 agency or department, provides prior written 

19 authorization that the funds may be expended to 

20 host the conference. 

21 ‘‘(B) WRITTEN APPROVAL.—Written ap22 proval under subparagraph (A) shall include a 

23 written estimate of all costs associated with the 

24 conference, including the cost of all food, bev-
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1 erages, audio-visual equipment, honoraria for 

2 speakers, and entertainment. 

3 ‘‘(C) REPORT.—The Deputy Attorney Gen4 eral shall submit an annual report to the Com5 mittee on the Judiciary of the Senate and the 

6 Committee on the Judiciary of the House of Rep7 resentatives on all conference expenditures ap8 proved under this paragraph. 

9 ‘‘(4) ANNUAL CERTIFICATION.—Beginning in the 

10 first fiscal year beginning after the date of enactment 

11 of this subsection, the Attorney General shall submit, 

12 to the Committee on the Judiciary and the Committee 

13 on Appropriations of the Senate and the Committee 

14 on the Judiciary and the Committee on Appropria15 tions of the House of Representatives, an annual cer16 tification— 

17 ‘‘(A) indicating whether— 

18 ‘‘(i) all audits issued by the Office of 

19 the Inspector General under paragraph (1) 

20 have been completed and reviewed by the 

21 appropriate Assistant Attorney General or 

22 Director; 

23 ‘‘(ii) all mandatory exclusions required 

24 under paragraph (1)(C) have been issued; 

25 and 
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1 ‘‘(iii) all reimbursements required 

2 under paragraph (1)(E) have been made; 

3 and 

4 ‘‘(B) that includes a list of any grant re5 cipients excluded under paragraph (1) from the 

6 previous year. 

7 ‘‘(f) PREVENTING DUPLICATIVE GRANTS.— 

8 ‘‘(1) IN GENERAL.—Before the Attorney General 

9 awards a grant to an applicant under this section, 

10 the Attorney General shall compare potential grant 

11 awards with other grants awarded by the Attorney 

12 General to determine if grant awards are or have 

13 been awarded for a similar purpose. 

14 ‘‘(2) REPORT.—If the Attorney General awards 

15 grants to the same applicant for a similar purpose 

16 the Attorney General shall submit to the Committee 

17 on the Judiciary of the Senate and the Committee on 

18 the Judiciary of the House of Representatives a report 

19 that includes— 

20 ‘‘(A) a list of all such grants awarded, in21 cluding the total dollar amount of any such 

22 grants awarded; and 

23 ‘‘(B) the reason the Attorney General 

24 awarded multiple grants to the same applicant 

25 for a similar purpose.’’. 
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1 (b) ANNUAL REPORT.—Not later than 2 years after the 

2 date of enactment of this Act and every year thereafter, the 

3 Attorney General shall submit to the Committee on the Ju4 diciary and the Committee on Appropriations of the Senate 

5 and the Committee on the Judiciary and the Committee on 

6 Appropriations of the House of Representatives a report on 

7 the Missing Americans Alert Program, as amended by sub8 section (a), which shall address— 

9 (1) the number of individuals who benefitted 

10 from the Missing Americans Alert Program, including 

11 information such as the number of individuals with 

12 reduced unsafe wandering, the number of people who 

13 were trained through the program, and the estimated 

14 number of people who were impacted by the program; 

15 (2) the number of State, local, and tribal law en16 forcement or public safety agencies that applied for 

17 funding under the Missing Americans Alert Program; 

18 (3) the number of State, local, and tribal local 

19 law enforcement or public safety agencies that re20 ceived funding under the Missing Americans Alert 

21 Program, including— 

22 (A) the number of State, local, and tribal 

23 law enforcement or public safety agencies that 

24 used such funding for training; and 
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1 (B) the number of State, local, and tribal 

2 law enforcement or public safety agencies that 

3 used such funding for designing, establishing, or 

4 operating locative tracking technology; 

5 (4) the companies, including the location (city 

6 and State) of the headquarters and local offices of 

7 each company, for which their locative tracking tech8 nology was used by State, local, and tribal law en9 forcement or public safety agencies; 

10 (5) the nonprofit organizations, including the lo11 cation (city and State) of the headquarters and local 

12 offices of each organization, that State, local, and 

13 tribal law enforcement or public safety agencies 

14 partnered with and the result of each partnership; 

15 (6) the number of missing children with autism 

16 or another developmental disability with wandering 

17 tendencies or adults with Alzheimer’s being served by 

18 the program who went missing and the result of the 

19 search for each such individual; and 

20 (7) any recommendations for improving the 

21 Missing Americans Alert Program. 

22 (c) TABLE OF CONTENTS.—The table of contents in 

23 section 2 of the Violent Crime Control and Law Enforce24 ment Act of 1994 is amended by striking the item relating 

25 to section 240001 and inserting the following: 

‘‘Sec. 240001. Missing Americans Alert Program.’’. 
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1 Subtitle B—Education and 

2 Outreach 

3 SEC. 231. ACTIVITIES BY THE NATIONAL CENTER FOR MISS4 ING AND EXPLOITED CHILDREN. 

5 Section 404(b)(1)(H) of the Missing Children’s Assist6 ance Act (34 U.S.C. 11293(b)(1)(H)) is amended by insert7 ing ‘‘, including cases involving children with develop8 mental disabilities such as autism’’ before the semicolon. 

9 Subtitle C—Privacy Protections 

10 SEC. 241. DEFINITIONS. 

11 In this subtitle: 

12 (1) CHILD.—The term ‘‘child’’ means an indi13 vidual who is less than 18 years of age. 

14 (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has 

15 the meaning given that term in section 4(e) of the In16 dian Self-Determination and Education Assistance 

17 Act (25 U.S.C. 5304(e)). 

18 (3) LAW ENFORCEMENT AGENCY.—The term 

19 ‘‘law enforcement agency’’ means an agency of a 

20 State, unit of local government, or Indian tribe that 

21 is authorized by law or by a government agency to 

22 engage in or supervise the prevention, detection, in23 vestigation, or prosecution of any violation of crimi24 nal law. 
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1 (4) NON-INVASIVE AND NON-PERMANENT.—The 

2 term ‘‘non-invasive and non-permanent’’ means, with 

3 regard to any technology or device, that the procedure 

4 to install the technology or device does not create an 

5 external or internal marker or implant a device, such 

6 as a microchip, or other trackable items. 

7 (5) STATE.—The term ‘‘State’’ means each of the 

8 50 States, the District of Columbia, the Common9 wealth of Puerto Rico, the United States Virgin Is10 lands, American Samoa, Guam, and the Common11 wealth of the Northern Mariana Islands. 

12 (6) UNIT OF LOCAL GOVERNMENT.—The term 

13 ‘‘unit of local government’’ means a county, munici14 pality, town, township, village, parish, borough, or 

15 other unit of general government below the State level. 

16 SEC. 242. STANDARDS AND BEST PRACTICES FOR USE OF 

17 NON-INVASIVE AND NON-PERMANENT TRACK18 ING DEVICES. 

19 (a) ESTABLISHMENT.— 

20 (1) IN GENERAL.—Not later than 180 days after 

21 the date of enactment of this Act, the Attorney Gen22 eral, in consultation with the Secretary of Health and 

23 Human Services and leading research, advocacy, self24 advocacy, and service organizations, shall establish 

25 standards and best practices relating to the use of 
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1 non-invasive and non-permanent tracking technology, 

2 where a guardian or parent has determined that a 

3 non-invasive and non-permanent tracking device is 

4 the least restrictive alternative, to locate individuals 

5 as described in subsection (a)(2) of section 240001 of 

6 the Violent Crime Control and Law Enforcement Act 

7 of 1994 (34 U.S.C. 12621), as added by this title. 

8 (2) REQUIREMENTS.—In establishing the stand9 ards and best practices required under paragraph (1), 

10 the Attorney General shall— 

11 (A) determine— 

12 (i) the criteria used to determine which 

13 individuals would benefit from the use of a 

14 tracking device; 

15 (ii) the criteria used to determine who 

16 should have direct access to the tracking 

17 system; and 

18 (iii) which non-invasive and non-per19 manent types of tracking devices can be 

20 used in compliance with the standards and 

21 best practices; and 

22 (B) establish standards and best practices 

23 the Attorney General determines are necessary to 

24 the administration of a tracking system, includ25 ing procedures to— 
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1 (i) safeguard the privacy of the data 

2 used by the tracking device such that— 

3 (I) access to the data is restricted 

4 to law enforcement and health agencies 

5 determined necessary by the Attorney 

6 General; and 

7 (II) collection, use, and retention 

8 of the data is solely for the purpose of 

9 preventing injury to or death of the in10 dividual wearing the tracking device; 

11 (ii) establish criteria to determine 

12 whether use of the tracking device is the 

13 least restrictive alternative in order to pre14 vent risk of injury or death before issuing 

15 the tracking device, including the previous 

16 consideration of less restrictive alternatives; 

17 (iii) provide training for law enforce18 ment agencies to recognize signs of abuse 

19 during interactions with applicants for 

20 tracking devices; 

21 (iv) protect the civil rights and lib22 erties of the individuals who use tracking 

23 devices, including their rights under the 

24 Fourth Amendment to the Constitution of 

25 the United States; 
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1 (v) establish a complaint and inves2 tigation process to address— 

3 (I) incidents of noncompliance by 

4 recipients of grants under subsection 

5 (a)(2) of section 240001 of the Violent 

6 Crime Control and Law Enforcement 

7 Act of 1994 (34 U.S.C. 12621), as 

8 added by this title, with the best prac9 tices established by the Attorney Gen10 eral or other applicable law; and 

11 (II) use of a tracking device over 

12 the objection of an individual; and 

13 (vi) determine the role that State agen14 cies should have in the administration of a 

15 tracking system. 

16 (3) EFFECTIVE DATE.—The standards and best 

17 practices established pursuant to paragraph (1) shall 

18 take effect 90 days after publication of such standards 

19 and practices by the Attorney General. 

20 (b) REQUIRED COMPLIANCE.— 

21 (1) IN GENERAL.—Each entity that receives a 

22 grant under subsection (a)(2) of section 240001 of the 

23 Violent Crime Control and Law Enforcement Act of 

24 1994 (34 U.S.C. 12621), as added by this title, shall 

25 comply with any standards and best practices relat-
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1 ing to the use of tracking devices established by the 

2 Attorney General in accordance with subsection (a). 

3 (2) DETERMINATION OF COMPLIANCE.—The At4 torney General, in consultation with the Secretary of 

5 Health and Human Services, shall determine whether 

6 an entity that receives a grant under subsection 

7 (a)(2) of section 240001 of the Violent Crime Control 

8 and Law Enforcement Act of 1994 (34 U.S.C. 12621), 

9 as added by this title, acts in compliance with the 

10 standards and best practices described in paragraph 

11 (1). 

12 (c) APPLICABILITY OF STANDARDS AND BEST PRAC13 TICES.—The standards and best practices established by the 

14 Attorney General under subsection (a) shall apply only to 

15 the grant programs authorized under subsection (a)(2) of 

16 section 240001 of the Violent Crime Control and Law En17 forcement Act of 1994 (34 U.S.C. 12621), as added by this 

18 title. 

19 (d) LIMITATIONS ON PROGRAM.— 

20 (1) DATA STORAGE.—Any tracking data pro21 vided by tracking devices issued under this program 

22 may not be used by a Federal entity to create a data23 base. 

24 (2) VOLUNTARY PARTICIPATION.—Nothing in 

25 this title may be construed to require that a parent 
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1 or guardian use a tracking device to monitor the loca2 tion of a child or adult under that parent or guard3 ian’s supervision if the parent or guardian does not 

4 believe that the use of such device is necessary or in 

5 the interest of the child or adult under supervision. 

Attest: 

Secretary. 

115TH CONGRESS 

1ST SESSION H.R. 195 

AMENDMENT