I 

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. 

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’’; 

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 grants to State and local law 

4 enforcement or public safety agencies to assist such 

5 agencies in designing, establishing, and operating 

6 locative tracking technology programs for individuals 

7 with forms of dementia, such as Alzheimer’s Dis8 ease, or children with developmental disabilities, 

9 such as autism, who have wandered from safe envi10 ronments; and 

11 ‘‘(2) shall award competitive grants to State 

12 and local law enforcement or public safety agencies 

13 and nonprofit organizations to assist such entities in 

14 planning, designing, establishing, or operating locally 

15 based, proactive programs to prevent wandering and 

16 locate missing individuals with forms of dementia, 

17 such as Alzheimer’s Disease, or developmental dis18 abilities, such as autism, who, due to their condition, 

19 wander from safe environments, including programs 

20 that— 

21 ‘‘(A) provide prevention and response in22 formation, including online training resources, 

23 and referrals to families or guardians of such 

24 individuals who, due to their condition, wander 

25 from a safe environment; 


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1 ‘‘(B) provide education and training, in2 cluding online training resources, to first re3 sponders, school personnel, clinicians, and the 

4 public in order to— 

5 ‘‘(i) increase personal safety and sur6 vival skills for such individuals who, due to 

7 their dementia or developmental disabil8 ities, wander from safe environments; 

9 ‘‘(ii) facilitate the rescue and recovery 

10 of individuals who, due to their dementia 

11 or developmental disabilities, wander from 

12 safe environments; and 

13 ‘‘(iii) recognize and respond to endan14 gered missing individuals with dementia or 

15 developmental disabilities who, due to their 

16 condition, wander from safe environments; 

17 ‘‘(C) provide prevention and response 

18 training and emergency protocols for school ad19 ministrators, staff, and families or guardians of 

20 individuals with dementia, such as Alzheimer’s 

21 Disease, or developmental disabilities, such as 

22 autism, to help reduce the risk of wandering by 

23 such individuals; and 

24 ‘‘(D) develop, operate, or enhance a notifi25 cation or communications systems for alerts, 


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1 advisories, or dissemination of other informa2 tion for the recovery of missing individuals with 

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

4 or with developmental disabilities, such as au5 tism.’’; 

6 (3) in subsection (b)— 

7 (A) by inserting ‘‘competitive’’ after ‘‘to re8 ceive a’’; 

9 (B) by inserting ‘‘agency or’’ before ‘‘orga10 nization’’ each place it appears; and 

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

12 ‘‘The Attorney General shall periodically solicit 

13 applications for grants under this section by 

14 publishing a request for applications in the 

15 Federal Register and by posting such a request 

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

17 and 

18 (4) by striking subsections (c) and (d) and in19 serting the following: 

20 ‘‘(c) PREFERENCE.—In awarding grants under sub21 section (a)(1), the Attorney General shall give preference 

22 to law enforcement or public safety agencies that partner 

23 with nonprofit organizations that have a direct link to in24 dividuals, and families of individuals, with forms of deVerDate Sep 11 2014 00:12 Apr 16, 2016 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4919.IH H4919

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1 mentia, such as Alzheimer’s Disease, or developmental dis2 abilities, such as autism. 

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

4 are authorized to be appropriated to carry out this section 

5 $2,000,000 for each of fiscal years 2017 through 2021. 

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

7 by the Attorney General under this section shall be subject 

8 to the following accountability provisions: 

9 ‘‘(1) AUDIT REQUIREMENT.— 

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

11 term ‘unresolved audit finding’ means a finding 

12 in the final audit report of the Inspector Gen13 eral of the Department of Justice that the au14 dited grantee has utilized grant funds for an 

15 unauthorized expenditure or otherwise unallow16 able cost that is not closed or resolved within 

17 12 months from the date when the final audit 

18 report is issued. 

19 ‘‘(B) AUDITS.—Beginning in the first fis20 cal year beginning after the date of enactment 

21 of this subsection, and in each fiscal year there22 after, the Inspector General of the Department 

23 of Justice shall conduct audits of recipients of 

24 grants under this section to prevent waste, 

25 fraud, and abuse of funds by grantees. The InVerDate Sep 11 2014 00:12 Apr 16, 2016 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4919.IH H4919

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1 spector General shall determine the appropriate 

2 number of grantees to be audited each year. 

3 ‘‘(C) MANDATORY EXCLUSION.—A recipi4 ent of grant funds under this section that is 

5 found to have an unresolved audit finding shall 

6 not be eligible to receive grant funds under this 

7 section during the first 2 fiscal years beginning 

8 after the end of the 12-month period described 

9 in subparagraph (A). 

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

11 under this section, the Attorney General shall 

12 give priority to eligible applicants that did not 

13 have an unresolved audit finding during the 3 

14 fiscal years before submitting an application for 

15 a grant under this section. 

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

17 awarded grant funds under this section during 

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

19 is barred from receiving grants under subpara20 graph (C), the Attorney General shall— 

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

22 amount of the grant funds that were im23 properly awarded to the grantee into the 

24 General Fund of the Treasury; and 


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

2 repayment to the fund from the grant re3 cipient that was erroneously awarded grant 

4 funds. 

5 ‘‘(2) NONPROFIT ORGANIZATION REQUIRE6 MENTS.— 

7 ‘‘(A) DEFINITION OF NONPROFIT ORGANI8 ZATION.—For purposes of this paragraph and 

9 the grant programs under this part, the term 

10 ‘nonprofit organization’ means an organization 

11 that is described in section 501(c)(3) of the In12 ternal Revenue Code of 1986 and is exempt 

13 from taxation under section 501(a) of such 

14 Code. 

15 ‘‘(B) PROHIBITION.—The Attorney Gen16 eral may not award a grant under this part to 

17 a nonprofit organization that holds money in 

18 offshore accounts for the purpose of avoiding 

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

20 the Internal Revenue Code of 1986. 

21 ‘‘(C) DISCLOSURE.—Each nonprofit orga22 nization that is awarded a grant under this sec23 tion and uses the procedures prescribed in regu24 lations to create a rebuttable presumption of 

25 reasonableness for the compensation of its offiVerDate Sep 11 2014 00:12 Apr 16, 2016 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4919.IH H4919

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1 cers, directors, trustees, and key employees, 

2 shall disclose to the Attorney General, in the 

3 application for the grant, the process for deter4 mining such compensation, including the inde5 pendent persons involved in reviewing and ap6 proving such compensation, the comparability 

7 data used, and contemporaneous substantiation 

8 of the deliberation and decision. Upon request, 

9 the Attorney General shall make the informa10 tion disclosed under this subparagraph available 

11 for public inspection. 

12 ‘‘(3) CONFERENCE EXPENDITURES.— 

13 ‘‘(A) LIMITATION.—No amounts made 

14 available to the Department of Justice under 

15 this section may be used by the Attorney Gen16 eral, or by any individual or entity awarded dis17 cretionary funds through a cooperative agree18 ment under this section, to host or support any 

19 expenditure for conferences that uses more than 

20 $20,000 in funds made available by the Depart21 ment of Justice, unless the head of the relevant 

22 agency or department, provides prior written 

23 authorization that the funds may be expended 

24 to host the conference. 


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1 ‘‘(B) WRITTEN APPROVAL.—Written ap2 proval under subparagraph (A) shall include a 

3 written estimate of all costs associated with the 

4 conference, including the cost of all food, bev5 erages, audio-visual equipment, honoraria for 

6 speakers, and entertainment. 

7 ‘‘(C) REPORT.—The Deputy Attorney Gen8 eral shall submit an annual report to the Com9 mittee on the Judiciary of the Senate and the 

10 Committee on the Judiciary of the House of 

11 Representatives on all conference expenditures 

12 approved under this paragraph. 

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

14 the first fiscal year beginning after the date of en15 actment of this subsection, the Attorney General 

16 shall submit, to the Committee on the Judiciary and 

17 the Committee on Appropriations of the Senate and 

18 the Committee on the Judiciary and the Committee 

19 on Appropriations of the House of Representatives, 

20 an annual certification— 

21 ‘‘(A) indicating whether— 

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

23 the Inspector General under paragraph (1) 

24 have been completed and reviewed by the 


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1 appropriate Assistant Attorney General or 

2 Director; 

3 ‘‘(ii) all mandatory exclusions required 

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

5 and 

6 ‘‘(iii) all reimbursements required 

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

8 and 

9 ‘‘(B) that includes a list of any grant re10 cipients excluded under paragraph (1) from the 

11 previous year. 

12 ‘‘(f) PREVENTING DUPLICATIVE GRANTS.— 

13 ‘‘(1) IN GENERAL.—Before the Attorney Gen14 eral awards a grant to an applicant under this sec15 tion, the Attorney General shall compare potential 

16 grant awards with other grants awarded by the At17 torney General to determine if grant awards are or 

18 have been awarded for a similar purpose. 

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

20 grants to the same applicant for a similar purpose 

21 the Attorney General shall submit to the Committee 

22 on the Judiciary of the Senate and the Committee 

23 on the Judiciary of the House of Representatives a 

24 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) TABLE OF CONTENTS.—The table of contents in 

8 section 2 of the Violent Crime Control and Law Enforce9 ment Act of 1994 is amended by striking the item relating 

10 to section 240001 and inserting the following: 

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

11 TITLE II—EDUCATION AND 

12 OUTREACH 

13 SEC. 201. ACTIVITIES BY THE NATIONAL CENTER FOR MISS14 ING AND EXPLOITED CHILDREN. 

15 Section 404(b)(1)(H) of the Missing Children’s As16 sistance Act (42 U.S.C. 5773(b)(1)(H)) is amended by in17 serting ‘‘, including cases involving children with develop18 mental disabilities such as autism’’ before the semicolon. 

19 TITLE III—PRIVACY 

20 PROTECTIONS 

21 SEC. 301. DEFINITIONS. 

22 In this title: 

23 (1) CHILD.—The term ‘‘child’’ means an indi24 vidual who is less than 18 years of age. 


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

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

3 the Indian Self-Determination and Education Assist4 ance Act (25 U.S.C. 450b(e)). 

5 (3) LAW ENFORCEMENT AGENCY.—The term 

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

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

8 is authorized by law or by a government agency to 

9 engage in or supervise the prevention, detection, in10 vestigation, or prosecution of any violation of crimi11 nal law. 

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

13 the 50 States, the District of Columbia, the Com14 monwealth of Puerto Rico, the United States Virgin 

15 Islands, American Samoa, Guam, and the Common16 wealth of the Northern Mariana Islands. 

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

18 ‘‘unit of local government’’ means a county, munici19 pality, town, township, village, parish, borough, or 

20 other unit of general government below the State 

21 level. 

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

23 TRACKING DEVICES. 

24 (a) ESTABLISHMENT.— 


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

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

3 General, in consultation with the Secretary of 

4 Health and Human Services and leading research, 

5 advocacy, self-advocacy, and service organizations, 

6 shall establish standards and best practices relating 

7 to the use of tracking technology to locate individ8 uals as described in subsection (a)(2) of section 

9 240001 of the Violent Crime Control and Law En10 forcement Act of 1994 (42 U.S.C. 14181), as added 

11 by this Act. 

12 (2) REQUIREMENTS.—In establishing the 

13 standards and best practices required under para14 graph (1), the Attorney General shall— 

15 (A) determine— 

16 (i) the criteria used to determine 

17 which individuals would benefit from the 

18 use of a tracking device; 

19 (ii) who should have direct access to 

20 the tracking system; and 

21 (iii) which types of tracking devices 

22 can be used in compliance with the stand23 ards and best practices; and 

24 (B) establish standards and best practices 

25 the Attorney General determines are necessary 


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1 to the administration of a tracking system, in2 cluding procedures to— 

3 (i) safeguard the privacy of the data 

4 used by the tracking device such that— 

5 (I) access to the data is re6 stricted to agencies determined nec7 essary by the Attorney General; and 

8 (II) use of the data is solely for 

9 the purpose of preventing injury or 

10 death; 

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 alter17 natives; 

18 (iii) provide training for law enforce19 ment agencies to recognize signs of abuse 

20 during interactions with applicants for 

21 tracking devices; 

22 (iv) protect the civil rights and lib23 erties of the individuals who use tracking 

24 devices, including their rights under the 


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1 Fourth Amendment to the Constitution of 

2 the United States; 

3 (v) establish a complaint and inves4 tigation process to address— 

5 (I) incidents of noncompliance by 

6 recipients of grants under subsection 

7 (a)(2) of section 240001 of the Vio8 lent Crime Control and Law Enforce9 ment Act of 1994 (42 U.S.C. 14181), 

10 as added by this Act, with the best 

11 practices established by the Attorney 

12 General or other applicable law; and 

13 (II) use of a tracking device over 

14 the objection of an individual; and 

15 (vi) determine the role that State 

16 agencies should have in the administration 

17 of a tracking system. 

18 (b) REQUIRED COMPLIANCE.— 

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

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

21 the Violent Crime Control and Law Enforcement 

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

23 Act, shall comply with any standards and best prac24 tices relating to the use of tracking devices estabVerDate Sep 11 2014 00:12 Apr 16, 2016 Jkt 059200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H4919.IH H4919

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1 lished by the Attorney General in accordance with 

2 subsection (a). 

3 (2) DETERMINATION OF COMPLIANCE.—The 

4 Attorney General, in consultation with the Secretary 

5 of Health and Human Services, shall determine 

6 whether an entity that receives a grant under sub7 section (a)(2) of section 240001 of the Violent 

8 Crime Control and Law Enforcement Act of 1994 

9 (42 U.S.C. 14181), as added by this Act, acts in 

10 compliance with the requirement described in para11 graph (1). 

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

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

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

16 of section 240001 of the Violent Crime Control and Law 

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

18 by this Act. 

Æ 


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