II 

114TH CONGRESS 

2D SESSION H. R. 4919 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 8, 2016 

Received 

AN ACT 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Kevin and Avonte’s 

3 Law of 2016’’. 

4 TITLE I—MISSING ALZHEIMER’S 

5 DISEASE PATIENT ALERT 

6 PROGRAM REAUTHORIZA7 TION 

8 SEC. 101. SHORT TITLE. 

9 This title may be cited as the ‘‘Missing Americans 

10 Alert Program Act of 2016’’. 

11 SEC. 102. REAUTHORIZATION OF THE MISSING ALZ12 HEIMER’S DISEASE PATIENT ALERT PRO13 GRAM. 

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

15 Crime Control and Law Enforcement Act of 1994 (42 

16 U.S.C. 14181) is amended— 

17 (1) in the section header, by striking ‘‘ALZ18 HEIMER’S DISEASE PATIENT’’ and inserting 

19 ‘‘AMERICANS’’; and 

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

21 following: 

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

23 DEATH OF MISSING AMERICANS WITH DEMENTIA AND

24 DEVELOPMENTAL DISABILITIES.—Subject to the avail25 ability of appropriations to carry out this section, the At26 torney General, through the Bureau of Justice Assistance 


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1 and in consultation with the Secretary of Health and 

2 Human Services— 

3 ‘‘(1) shall award competitive grants to health 

4 care agencies, State and local law enforcement agen5 cies, or public safety agencies and nonprofit organi6 zations to assist such entities in planning, designing, 

7 establishing, or operating locally based, proactive 

8 programs to prevent wandering and locate missing 

9 individuals with forms of dementia, such as Alz10 heimer’s Disease, or developmental disabilities, such 

11 as autism, who, due to their condition, wander from 

12 safe environments, including programs that— 

13 ‘‘(A) provide prevention and response in14 formation, including online training resources, 

15 and referrals to families or guardians of such 

16 individuals who, due to their condition, wander 

17 from a safe environment; 

18 ‘‘(B) provide education and training, in19 cluding online training resources, to first re20 sponders, school personnel, clinicians, and the 

21 public in order to— 

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

23 incidence of wandering of persons, who, 

24 due to their dementia or developmental 


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1 disabilities, may wander from safe environ2 ments; 

3 ‘‘(ii) facilitate the rescue and recovery 

4 of individuals who, due to their dementia 

5 or developmental disabilities, wander from 

6 safe environments; and 

7 ‘‘(iii) recognize and respond to and 

8 appropriately interact with endangered 

9 missing individuals with dementia or devel10 opmental disabilities who, due to their con11 dition, wander from safe environments; 

12 ‘‘(C) provide prevention and response 

13 training and emergency protocols for school ad14 ministrators, staff, and families or guardians of 

15 individuals with dementia, such as Alzheimer’s 

16 Disease, or developmental disabilities, such as 

17 autism, to help reduce the risk of wandering by 

18 such individuals; and 

19 ‘‘(D) develop, operate, or enhance a notifi20 cation or communications systems for alerts, 

21 advisories, or dissemination of other informa22 tion for the recovery of missing individuals with 

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

24 or with developmental disabilities, such as au25 tism; and 


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

2 State and local law enforcement agencies, or public 

3 safety agencies to assist such agencies in designing, 

4 establishing, and operating locative tracking tech5 nology programs for individuals with forms of de6 mentia, such as Alzheimer’s Disease, or children 

7 with developmental disabilities, such as autism, who 

8 have wandered from safe environments.’’; 

9 (3) in subsection (b)— 

10 (A) by inserting ‘‘competitive’’ after ‘‘to re11 ceive a’’; 

12 (B) by inserting ‘‘agency or’’ before ‘‘orga13 nization’’ each place it appears; and 

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

15 ‘‘The Attorney General shall periodically solicit 

16 applications for grants under this section by 

17 publishing a request for applications in the 

18 Federal Register and by posting such a request 

19 on the website of the Department of Justice.’’; 

20 and 

21 (4) by striking subsections (c) and (d) and in22 serting the following: 

23 ‘‘(c) PREFERENCE.—In awarding grants under sub24 section (a)(1), the Attorney General shall give preference 

25 to law enforcement or public safety agencies that partner 


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1 with nonprofit organizations that appropriately use per2 son-centered plans minimizing restrictive interventions 

3 and that have a direct link to individuals, and families of 

4 individuals, with forms of dementia, such as Alzheimer’s 

5 Disease, or developmental disabilities, such as autism. 

6 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to carry out this section 

8 $2,000,000 for each of fiscal years 2017 through 2021. 

9 ‘‘(e) GRANT ACCOUNTABILITY.—All grants awarded 

10 by the Attorney General under this section shall be subject 

11 to the following accountability provisions: 

12 ‘‘(1) AUDIT REQUIREMENT.— 

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

14 term ‘unresolved audit finding’ means a finding 

15 in the final audit report of the Inspector Gen16 eral of the Department of Justice that the au17 dited grantee has utilized grant funds for an 

18 unauthorized expenditure or otherwise unallow19 able cost that is not closed or resolved within 

20 12 months from the date when the final audit 

21 report is issued. 

22 ‘‘(B) AUDITS.—Beginning in the first fis23 cal year beginning after the date of enactment 

24 of this subsection, and in each fiscal year there25 after, the Inspector General of the Department 


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1 of Justice shall conduct audits of recipients of 

2 grants under this section to prevent waste, 

3 fraud, and abuse of funds by grantees. The In4 spector General shall determine the appropriate 

5 number of grantees to be audited each year. 

6 ‘‘(C) MANDATORY EXCLUSION.—A recipi7 ent of grant funds under this section that is 

8 found to have an unresolved audit finding shall 

9 not be eligible to receive grant funds under this 

10 section during the first 2 fiscal years beginning 

11 after the end of the 12-month period described 

12 in subparagraph (A). 

13 ‘‘(D) PRIORITY.—In awarding grants 

14 under this section, the Attorney General shall 

15 give priority to eligible applicants that did not 

16 have an unresolved audit finding during the 3 

17 fiscal years before submitting an application for 

18 a grant under this section. 

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

20 awarded grant funds under this section during 

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

22 is barred from receiving grants under subpara23 graph (C), the Attorney General shall— 

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

25 amount of the grant funds that were imVerDate Sep 11 2014 01:03 Dec 11, 2016 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4919.RDS H4919

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1 properly awarded to the grantee into the 

2 General Fund of the Treasury; and 

3 ‘‘(ii) seek to recoup the costs of the 

4 repayment to the fund from the grant re5 cipient that was erroneously awarded grant 

6 funds. 

7 ‘‘(2) NONPROFIT ORGANIZATION REQUIRE8 MENTS.— 

9 ‘‘(A) DEFINITION OF NONPROFIT ORGANI10 ZATION.—For purposes of this paragraph and 

11 the grant programs under this part, the term 

12 ‘nonprofit organization’ means an organization 

13 that is described in section 501(c)(3) of the In14 ternal Revenue Code of 1986 and is exempt 

15 from taxation under section 501(a) of such 

16 Code. 

17 ‘‘(B) PROHIBITION.—The Attorney Gen18 eral may not award a grant under this part to 

19 a nonprofit organization that holds money in 

20 offshore accounts for the purpose of avoiding 

21 paying the tax described in section 511(a) of 

22 the Internal Revenue Code of 1986. 

23 ‘‘(C) DISCLOSURE.—Each nonprofit orga24 nization that is awarded a grant under this sec25 tion and uses the procedures prescribed in reguVerDate Sep 11 2014 01:03 Dec 11, 2016 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4919.RDS H4919

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1 lations to create a rebuttable presumption of 

2 reasonableness for the compensation of its offi3 cers, directors, trustees, and key employees, 

4 shall disclose to the Attorney General, in the 

5 application for the grant, the process for deter6 mining such compensation, including the inde7 pendent persons involved in reviewing and ap8 proving such compensation, the comparability 

9 data used, and contemporaneous substantiation 

10 of the deliberation and decision. Upon request, 

11 the Attorney General shall make the informa12 tion disclosed under this subparagraph available 

13 for public inspection. 

14 ‘‘(3) CONFERENCE EXPENDITURES.— 

15 ‘‘(A) LIMITATION.—No amounts made 

16 available to the Department of Justice under 

17 this section may be used by the Attorney Gen18 eral, or by any individual or entity awarded dis19 cretionary funds through a cooperative agree20 ment under this section, to host or support any 

21 expenditure for conferences that uses more than 

22 $20,000 in funds made available by the Depart23 ment of Justice, unless the head of the relevant 

24 agency or department, provides prior written 


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1 authorization that the funds may be expended 

2 to host the conference. 

3 ‘‘(B) WRITTEN APPROVAL.—Written ap4 proval under subparagraph (A) shall include a 

5 written estimate of all costs associated with the 

6 conference, including the cost of all food, bev7 erages, audio-visual equipment, honoraria for 

8 speakers, and entertainment. 

9 ‘‘(C) REPORT.—The Deputy Attorney Gen10 eral shall submit an annual report to the Com11 mittee on the Judiciary of the Senate and the 

12 Committee on the Judiciary of the House of 

13 Representatives on all conference expenditures 

14 approved under this paragraph. 

15 ‘‘(4) ANNUAL CERTIFICATION.—Beginning in 

16 the first fiscal year beginning after the date of en17 actment of this subsection, the Attorney General 

18 shall submit, to the Committee on the Judiciary and 

19 the Committee on Appropriations of the Senate and 

20 the Committee on the Judiciary and the Committee 

21 on Appropriations of the House of Representatives, 

22 an annual certification— 

23 ‘‘(A) indicating whether— 

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

25 the Inspector General under paragraph (1) 


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1 have been completed and reviewed by the 

2 appropriate Assistant Attorney General or 

3 Director; 

4 ‘‘(ii) all mandatory exclusions required 

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

6 and 

7 ‘‘(iii) all reimbursements required 

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

9 and 

10 ‘‘(B) that includes a list of any grant re11 cipients excluded under paragraph (1) from the 

12 previous year. 

13 ‘‘(f) PREVENTING DUPLICATIVE GRANTS.— 

14 ‘‘(1) IN GENERAL.—Before the Attorney Gen15 eral awards a grant to an applicant under this sec16 tion, the Attorney General shall compare potential 

17 grant awards with other grants awarded by the At18 torney General to determine if grant awards are or 

19 have been awarded for a similar purpose. 

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

21 grants to the same applicant for a similar purpose 

22 the Attorney General shall submit to the Committee 

23 on the Judiciary of the Senate and the Committee 

24 on the Judiciary of the House of Representatives a 

25 report that includes— 


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1 ‘‘(A) a list of all such grants awarded, in2 cluding the total dollar amount of any such 

3 grants awarded; and 

4 ‘‘(B) the reason the Attorney General 

5 awarded multiple grants to the same applicant 

6 for a similar purpose.’’. 

7 (b) ANNUAL REPORT.—Not later than 2 years after 

8 the date of enactment of this Act and every year there9 after, the Attorney General shall submit to the Committee 

10 on the Judiciary and the Committee on Appropriations of 

11 the Senate and the Committee on the Judiciary and the 

12 Committee on Appropriations of the House of Representa13 tives a report on the Missing Americans Alert Program, 

14 as amended by subsection (a), which shall address— 

15 (1) the number of individuals who benefitted 

16 from the Missing Americans Alert Program, includ17 ing information such as the number of individuals 

18 with reduced unsafe wandering, the number of peo19 ple who were trained through the program, and the 

20 estimated number of people who were impacted by 

21 the program; 

22 (2) the number of State, local, and tribal law 

23 enforcement or public safety agencies that applied 

24 for funding under the Missing Americans Alert Pro25 gram; 


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

2 law enforcement or public safety agencies that re3 ceived funding under the Missing Americans Alert 

4 Program, including— 

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

6 law enforcement or public safety agencies that 

7 used such funding for training; and 

8 (B) the number of State, local, and tribal 

9 law enforcement or public safety agencies that 

10 used such funding for designing, establishing, 

11 or operating locative tracking technology; 

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

13 and State) of the headquarters and local offices of 

14 each company, for which their locative tracking tech15 nology was used by State, local, and tribal law en16 forcement or public safety agencies; 

17 (5) the nonprofit organizations, including the 

18 location (city and State) of the headquarters and 

19 local offices of each organization, that State, local, 

20 and tribal law enforcement or public safety agencies 

21 partnered with and the result of each partnership; 

22 (6) the number of missing children with autism 

23 or another developmental disability with wandering 

24 tendencies or adults with Alzheimer’s being served 


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1 by the program who went missing and the result of 

2 the search for each such individual; and 

3 (7) any recommendations for improving the 

4 Missing Americans Alert Program. 

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

6 section 2 of the Violent Crime Control and Law Enforce7 ment Act of 1994 is amended by striking the item relating 

8 to section 240001 and inserting the following: 

‘‘Sec. 240001. Missing Americans Alert Program.’’. 

9 TITLE II—EDUCATION AND 

10 OUTREACH 

11 SEC. 201. ACTIVITIES BY THE NATIONAL CENTER FOR MISS12 ING AND EXPLOITED CHILDREN. 

13 Section 404(b)(1)(H) of the Missing Children’s As14 sistance Act (42 U.S.C. 5773(b)(1)(H)) is amended by in15 serting ‘‘, including cases involving children with develop16 mental disabilities such as autism’’ before the semicolon. 

17 TITLE III—PRIVACY 

18 PROTECTIONS 

19 SEC. 301. DEFINITIONS. 

20 In this title: 

21 (1) CHILD.—The term ‘‘child’’ means an indi22 vidual who is less than 18 years of age. 

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

24 has the meaning given that term in section 4(e) of 


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1 the Indian Self-Determination and Education Assist2 ance Act (25 U.S.C. 450b(e)). 

3 (3) LAW ENFORCEMENT AGENCY.—The term 

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

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

6 is authorized by law or by a government agency to 

7 engage in or supervise the prevention, detection, in8 vestigation, or prosecution of any violation of crimi9 nal law. 

10 (4) STATE.—The term ‘‘State’’ means each of 

11 the 50 States, the District of Columbia, the Com12 monwealth of Puerto Rico, the United States Virgin 

13 Islands, American Samoa, Guam, and the Common14 wealth of the Northern Mariana Islands. 

15 (5) UNIT OF LOCAL GOVERNMENT.—The term 

16 ‘‘unit of local government’’ means a county, munici17 pality, town, township, village, parish, borough, or 

18 other unit of general government below the State 

19 level. 

20 (6) NON-INVASIVE AND NON-PERMANENT.—The 

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

22 regard to any technology or device, that the proce23 dure to install the technology or device does not cre24 ate an external or internal marker or implant a de25 vice or other trackable items. 


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1 SEC. 302. STANDARDS AND BEST PRACTICES FOR USE OF 

2 NON-INVASIVE AND NON-PERMANENT TRACK3 ING DEVICES. 

4 (a) ESTABLISHMENT.— 

5 (1) IN GENERAL.—Not later than 120 days 

6 after the date of enactment of this Act, the Attorney 

7 General, in consultation with the Secretary of 

8 Health and Human Services and leading research, 

9 advocacy, self-advocacy, and service organizations, 

10 shall establish standards and best practices relating 

11 to the use of non-invasive and non-permanent track12 ing technology, where a guardian or parent, in con13 sultation with the individual’s health care provider, 

14 has determined that a non-invasive and non-perma15 nent tracking device is the least restrictive alter16 native, to locate individuals as described in sub17 section (a)(2) of section 240001 of the Violent 

18 Crime Control and Law Enforcement Act of 1994 

19 (42 U.S.C. 14181), as added by this Act. 

20 (2) REQUIREMENTS.—In establishing the 

21 standards and best practices required under para22 graph (1), the Attorney General shall— 

23 (A) determine— 

24 (i) the criteria used to determine 

25 which individuals would benefit from the 

26 use of a tracking device; 


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1 (ii) the criteria used to determine who 

2 should have direct access to the tracking 

3 system; and 

4 (iii) which non-invasive and non-per5 manent types of tracking devices can be 

6 used in compliance with the standards and 

7 best practices; and 

8 (B) establish standards and best practices 

9 the Attorney General determines are necessary 

10 to the administration of a tracking system, in11 cluding procedures to— 

12 (i) safeguard the privacy of the data 

13 used by the tracking device such that— 

14 (I) access to the data is re15 stricted to law enforcement and health 

16 agencies determined necessary by the 

17 Attorney General; and 

18 (II) collection, use, and retention 

19 of the data is solely for the purpose of 

20 preventing injury or death to the pa21 tient assigned the tracking device or 

22 caused by the patient assigned the 

23 tracking device; 

24 (ii) establish criteria to determine 

25 whether use of the tracking device is the 


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1 least restrictive alternative in order to pre2 vent risk of injury or death before issuing 

3 the tracking device, including the previous 

4 consideration of less restrictive alter5 natives; 

6 (iii) provide training for law enforce7 ment agencies to recognize signs of abuse 

8 during interactions with applicants for 

9 tracking devices; 

10 (iv) protect the civil rights and lib11 erties of the individuals who use tracking 

12 devices, including their rights under the 

13 Fourth Amendment to the Constitution of 

14 the United States; 

15 (v) establish a complaint and inves16 tigation process to address— 

17 (I) incidents of noncompliance by 

18 recipients of grants under subsection 

19 (a)(2) of section 240001 of the Vio20 lent Crime Control and Law Enforce21 ment Act of 1994 (42 U.S.C. 14181), 

22 as added by this Act, with the best 

23 practices established by the Attorney 

24 General or other applicable law; and 


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1 (II) use of a tracking device over 

2 the objection of an individual; and 

3 (vi) determine the role that State 

4 agencies should have in the administration 

5 of a tracking system. 

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

7 practices established pursuant to paragraph (1) shall 

8 take effect 90 days after publication of such stand9 ards and practices by the Attorney General, unless 

10 Congress enacts a joint resolution disapproving of 

11 the standards and practices. 

12 (b) REQUIRED COMPLIANCE.— 

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

14 grant under subsection (a)(2) of section 240001 of 

15 the Violent Crime Control and Law Enforcement 

16 Act of 1994 (42 U.S.C. 14181), as added by this 

17 Act, shall comply with any standards and best prac18 tices relating to the use of tracking devices estab19 lished by the Attorney General in accordance with 

20 subsection (a). 

21 (2) DETERMINATION OF COMPLIANCE.—The 

22 Attorney General, in consultation with the Secretary 

23 of Health and Human Services, shall determine 

24 whether an entity that receives a grant under sub25 section (a)(2) of section 240001 of the Violent 


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1 Crime Control and Law Enforcement Act of 1994 

2 (42 U.S.C. 14181), as added by this Act, acts in 

3 compliance with the requirement described in para4 graph (1). 

5 (c) APPLICABILITY OF STANDARDS AND BEST PRAC6 TICES.—The standards and best practices established by 

7 the Attorney General under subsection (a) shall apply only 

8 to the grant programs authorized under subsection (a)(2) 

9 of section 240001 of the Violent Crime Control and Law 

10 Enforcement Act of 1994 (42 U.S.C. 14181), as added 

11 by this Act. 

12 (d) LIMITATIONS ON PROGRAM.— 

13 (1) DATA STORAGE.—Any tracking data pro14 vided by tracking devices issued under this program 

15 may not be used by a Federal entity to create a 

16 database. 

17 (2) VOLUNTARY PARTICIPATION.—Nothing in 

18 this Act may be construed to require that a parent 

19 or guardian use a tracking device to monitor the lo20 cation of a child or adult under that parent or 

21 guardian’s supervision if the parent or guardian 

22 does not believe that the use of such device is nec23 essary or in the interest of the child or adult under 

24 supervision. 


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1 TITLE IV—MISCELLANEOUS 

2 SEC. 401. NO FUNDS AUTHORIZED FOR BYRNE CRIMINAL 

3 JUSTICE INNOVATION PROGRAM. 

4 For fiscal year 2017, no funds are authorized to be 

5 appropriated for an Edward Byrne Memorial criminal jus6 tice innovation program. 

Passed the House of Representatives December 8, 

2016. 

Attest: KAREN L. HAAS, 

Clerk. 


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