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 Dis-
ease 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 Representa-
tives of the United States of America in Congress assembled, 
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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 
REAUTHORIZA-
TION 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Missing Americans 
Alert Program Act of 2016’’. 
SEC. 
102. 
REAUTHORIZATION 
OF 
THE 
MISSING 
ALZ-
HEIMER’S DISEASE PATIENT ALERT PRO-
GRAM. 
(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 ‘‘ALZ-
HEIMER’S
DISEASE
PATIENT’’ and inserting 
‘‘AMERICANS’’; and 
(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 avail-
ability of appropriations to carry out this section, the At-
torney General, through the Bureau of Justice Assistance 
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and in consultation with the Secretary of Health and 
Human Services— 
‘‘(1) shall award competitive grants to health 
care agencies, State and local law enforcement agen-
cies, or public safety agencies and nonprofit organi-
zations 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 Alz-
heimer’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 in-
formation, 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, in-
cluding online training resources, to first re-
sponders, school personnel, clinicians, and the 
public in order to— 
‘‘(i) increase the safety and reduce the 
incidence of wandering of persons, who, 
due to their dementia or developmental 
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disabilities, may wander from safe environ-
ments; 
‘‘(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 and 
appropriately interact with endangered 
missing individuals with dementia or devel-
opmental disabilities who, due to their con-
dition, wander from safe environments; 
‘‘(C) provide prevention and response 
training and emergency protocols for school ad-
ministrators, 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 notifi-
cation or communications systems for alerts, 
advisories, or dissemination of other informa-
tion for the recovery of missing individuals with 
forms of dementia, such as Alzheimer’s Disease, 
or with developmental disabilities, such as au-
tism; and 
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‘‘(2) shall award grants to health care agencies, 
State and local law enforcement agencies, or public 
safety agencies to assist such agencies in designing, 
establishing, and operating locative tracking tech-
nology programs for individuals with forms of de-
mentia, such as Alzheimer’s Disease, or children 
with developmental disabilities, such as autism, who 
have wandered from safe environments.’’; 
(3) in subsection (b)— 
(A) by inserting ‘‘competitive’’ after ‘‘to re-
ceive a’’; 
(B) by inserting ‘‘agency or’’ before ‘‘orga-
nization’’ 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 in-
serting the following: 
‘‘(c) PREFERENCE.—In awarding grants under sub-
section (a)(1), the Attorney General shall give preference 
to law enforcement or public safety agencies that partner 
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with nonprofit organizations that appropriately use per-
son-centered plans minimizing restrictive interventions 
and 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 Gen-
eral of the Department of Justice that the au-
dited grantee has utilized grant funds for an 
unauthorized expenditure or otherwise unallow-
able 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 fis-
cal year beginning after the date of enactment 
of this subsection, and in each fiscal year there-
after, the Inspector General of the Department 
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of Justice shall conduct audits of recipients of 
grants under this section to prevent waste, 
fraud, and abuse of funds by grantees. The In-
spector General shall determine the appropriate 
number of grantees to be audited each year. 
‘‘(C) MANDATORY EXCLUSION.—A recipi-
ent 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 subpara-
graph (C), the Attorney General shall— 
‘‘(i) deposit an amount equal to the 
amount of the grant funds that were im-
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properly 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 re-
cipient that was erroneously awarded grant 
funds. 
‘‘(2) 
NONPROFIT
ORGANIZATION
REQUIRE-
MENTS.— 
‘‘(A) DEFINITION OF NONPROFIT ORGANI-
ZATION.—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 In-
ternal Revenue Code of 1986 and is exempt 
from taxation under section 501(a) of such 
Code. 
‘‘(B) PROHIBITION.—The Attorney Gen-
eral 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 orga-
nization that is awarded a grant under this sec-
tion and uses the procedures prescribed in regu-
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lations to create a rebuttable presumption of 
reasonableness for the compensation of its offi-
cers, directors, trustees, and key employees, 
shall disclose to the Attorney General, in the 
application for the grant, the process for deter-
mining such compensation, including the inde-
pendent persons involved in reviewing and ap-
proving such compensation, the comparability 
data used, and contemporaneous substantiation 
of the deliberation and decision. Upon request, 
the Attorney General shall make the informa-
tion 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 Gen-
eral, or by any individual or entity awarded dis-
cretionary funds through a cooperative agree-
ment under this section, to host or support any 
expenditure for conferences that uses more than 
$20,000 in funds made available by the Depart-
ment of Justice, unless the head of the relevant 
agency or department, provides prior written 
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authorization that the funds may be expended 
to host the conference. 
‘‘(B) WRITTEN
APPROVAL.—Written ap-
proval under subparagraph (A) shall include a 
written estimate of all costs associated with the 
conference, including the cost of all food, bev-
erages, audio-visual equipment, honoraria for 
speakers, and entertainment. 
‘‘(C) REPORT.—The Deputy Attorney Gen-
eral shall submit an annual report to the Com-
mittee 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 en-
actment 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) 
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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 re-
cipients excluded under paragraph (1) from the 
previous year. 
‘‘(f) PREVENTING DUPLICATIVE GRANTS.— 
‘‘(1) IN GENERAL.—Before the Attorney Gen-
eral awards a grant to an applicant under this sec-
tion, the Attorney General shall compare potential 
grant awards with other grants awarded by the At-
torney 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— 
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‘‘(A) a list of all such grants awarded, in-
cluding 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) ANNUAL REPORT.—Not later than 2 years after 
the date of enactment of this Act and every year there-
after, 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 Representa-
tives a report on the Missing Americans Alert Program, 
as amended by subsection (a), which shall address— 
(1) the number of individuals who benefitted 
from the Missing Americans Alert Program, includ-
ing information such as the number of individuals 
with reduced unsafe wandering, the number of peo-
ple who were trained through the program, and the 
estimated number of people who were impacted by 
the program; 
(2) the number of State, local, and tribal law 
enforcement or public safety agencies that applied 
for funding under the Missing Americans Alert Pro-
gram; 
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by the program who went missing and the result of 
the search for each such individual; and 
(7) any recommendations for improving the 
Missing Americans Alert Program. 
(c) TABLE OF CONTENTS.—The table of contents in 
section 2 of the Violent Crime Control and Law Enforce-
ment 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 MISS-
ING AND EXPLOITED CHILDREN. 
Section 404(b)(1)(H) of the Missing Children’s As-
sistance Act (42 U.S.C. 5773(b)(1)(H)) is amended by in-
serting ‘‘, including cases involving children with develop-
mental disabilities such as autism’’ before the semicolon. 
TITLE III—PRIVACY 
PROTECTIONS 
SEC. 301. DEFINITIONS. 
In this title: 
(1) CHILD.—The term ‘‘child’’ means an indi-
vidual 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 
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the Indian Self-Determination and Education Assist-
ance 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, in-
vestigation, or prosecution of any violation of crimi-
nal law. 
(4) STATE.—The term ‘‘State’’ means each of 
the 50 States, the District of Columbia, the Com-
monwealth of Puerto Rico, the United States Virgin 
Islands, American Samoa, Guam, and the Common-
wealth of the Northern Mariana Islands. 
(5) UNIT OF LOCAL GOVERNMENT.—The term 
‘‘unit of local government’’ means a county, munici-
pality, town, township, village, parish, borough, or 
other unit of general government below the State 
level. 
(6) NON-INVASIVE AND NON-PERMANENT.—The 
term ‘‘non-invasive and non-permanent’’ means, with 
regard to any technology or device, that the proce-
dure to install the technology or device does not cre-
ate an external or internal marker or implant a de-
vice or other trackable items. 
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SEC. 302. STANDARDS AND BEST PRACTICES FOR USE OF 
NON-INVASIVE AND NON-PERMANENT TRACK-
ING 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 non-invasive and non-permanent track-
ing technology, where a guardian or parent, in con-
sultation with the individual’s health care provider, 
has determined that a non-invasive and non-perma-
nent tracking device is the least restrictive alter-
native, to locate individuals as described in sub-
section (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 para-
graph (1), the Attorney General shall— 
(A) determine— 
(i) the criteria used to determine 
which individuals would benefit from the 
use of a tracking device; 
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(ii) the criteria used to determine who 
should have direct access to the tracking 
system; and 
(iii) which non-invasive and non-per-
manent 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, in-
cluding procedures to— 
(i) safeguard the privacy of the data 
used by the tracking device such that— 
(I) access to the data is re-
stricted to law enforcement and health 
agencies determined necessary by the 
Attorney General; and 
(II) collection, use, and retention 
of the data is solely for the purpose of 
preventing injury or death to the pa-
tient assigned the tracking device or 
caused by the patient assigned the 
tracking device; 
(ii) establish criteria to determine 
whether use of the tracking device is the 
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least restrictive alternative in order to pre-
vent risk of injury or death before issuing 
the tracking device, including the previous 
consideration of less restrictive alter-
natives; 
(iii) provide training for law enforce-
ment agencies to recognize signs of abuse 
during interactions with applicants for 
tracking devices; 
(iv) protect the civil rights and lib-
erties 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 inves-
tigation process to address— 
(I) incidents of noncompliance by 
recipients of grants under subsection 
(a)(2) of section 240001 of the Vio-
lent Crime Control and Law Enforce-
ment 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 
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