[Senate Report 114-397]
[From the U.S. Government Publishing Office]
114th Congress } { Report
SENATE
2d Session } { 114-397
======================================================================
KEVIN AND AVONTE'S LAW OF 2016
_______
December 9, 2016.--Ordered to be printed
_______
Mr. Grassley, from the Committee on the Judiciary,
submitted the following
R E P O R T
[To accompany S. 2614]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to which was referred the
bill (S. 2614) 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, having
considered the same, reports favorably thereon, without
amendment, and recommends that the bill do pass.
CONTENTS
Page
I. Background and Purpose of Kevin and Avonte's Law.................1
II. History of the Bill and Committee Consideration..................3
III. Section-by-Section Summary of the Bill...........................4
IV. Congressional Budget Office Cost Estimate........................5
V. Regulatory Impact Evaluation.....................................6
VI. Conclusion.......................................................6
VII. Changes to Existing Law Made by the Bill, as Reported............6
I. Background and Purpose of Kevin and Avonte's Law
Autism, dementia, and other developmental conditions affect
numerous families in the United States. Many such families have
experienced a loved one wandering away from a supervised
setting due to these conditions. The Centers for Disease
Control and Prevention (CDC) identified one in sixty-eight
children as having autism spectrum disorder, and CDC survey
data was used in a widely-cited 2016 study that concluded about
a third of these children wander away from a supervised setting
in any given year.\1\ The Alzheimer's Association estimates as
many as one in three seniors will die with some form of
dementia.\2\ Kevin and Avonte's Law of 2016 would enhance
support for the many American families who have loved ones that
go missing due to autism, Alzheimer's disease, or related
conditions. The bill extends a program designed to assist in
locating Alzheimer's disease and dementia patients; it also
adds new support for people with autism or other developmental
disabilities.
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\1\Centers for Disease Control and Prevention, Prevalence and
Characteristics of Autism Spectrum Disorder Among Children Aged 8
Years--Autism and Developmental Disabilities Monitoring Network, 11
Sites, United States, 2012 (April 1, 2016), http://www.cdc.gov/mmwr/
volumes/65/ss/ss6503al.htm; Bridget Kiely et al., Prevalence and
Correlates of Elopement in a Nationally Representative Sample of
Children with Developmental Disabilities in the United States. PLoS ONE
11(2): e0148337 (Feb. 4, 2016), http://journals.plos.org/plosone/
article?id=10.1371/ journal.pone.0148337; see also Autism Speaks, Study
Finds A Third of Schoolkids With Autism Wander from Safety Each Year
(Feb. 4, 2016), http://www.autismspeaks.org/science/science-news/study-
finds-third-schoolkids-autism-wander-safety-each-year.
\2\Press Release, Alzheimer's Association, New Alzheimer's
Association Report Reveals 1 in 3 Seniors Dies With Alzheimer's or
Another Dementia (March 19, 2013), https://www.alz.org/national/
documents/facts_and_figures_2013_press_release.pdf.
---------------------------------------------------------------------------
Families with developmentally disabled children and aging
parents often experience challenges that others do not face on
a daily basis. It is common for many children with autism or
seniors with Alzheimer's disease to wander away from their
caregiver's supervision, sometimes with tragic results. To help
meet the needs of Alzheimer's patients who go missing, Congress
years ago authorized $900,000 annually to establish the Missing
Alzheimer's Disease Patient Alert program,\3\ a ``locally
based, proactive program to protect and locate missing patients
with Alzheimer's disease and related dementias.''
---------------------------------------------------------------------------
\3\42 U.S.C. 14181.
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Kevin and Avonte's Law updates and expands this expired
program, authorizing $2 million per year to cover not only
those with dementia but also those with developmental
disabilities. The legislation calls for the Attorney General to
award grants to assist eligible applicants in developing and
operating locative tracking technology programs. The locative
tracking technology would be used solely to assist in the
recovery of children with developmental disabilities in the
event of separation from parents or caregivers. The bill also
would change the name of the program to the ``Missing Americans
Alert Program.''
Under this legislation, participation in such a locative
tracking technology program would remain entirely voluntary.
The Committee intends that a guardian or parent, in
consultation with that child's health care provider, would make
any decisions about whether or not to accept a tracking device
for their child, and any such device should be the least
restrictive option available to help locate the child in the
event of a crisis. (Nothing in this Act would require use of
tracking technology if a parent or guardian does not believe
that use of such a device is not necessary or in the child's
interest.) The Committee further intends that tracking devices
assigned to children under this program should be limited to
non-invasive, non-permanent devices that do not create an
external or internal marker or involve the implantation of a
device or other trackable items.
The bill includes additional provisions designed to
safeguard the privacy of children who are assigned tracking
devices, including a requirement that the Attorney General must
develop privacy standards and best practices within 120 days
after enactment of this legislation. In developing such
standards and best practices, the Attorney General is strongly
encouraged to ensure that: (1) any collection, use, and
retention of data under this program is solely for the purpose
of preventing injury or death to the child assigned a tracking
device; (2) any tracking data generated by tracking devices
issued under this program may not be used by a Federal entity
to create a database; and (3) continued participation in this
program shall remain entirely voluntary for the participants.
The legislation also authorizes the Attorney General to
award competitive grants to State and local law enforcement or
public safety agencies and nonprofit organizations to ``assist
in planning, designing, establishing, or operating locally
based, proactive programs to prevent wandering and locate
missing individuals with forms of dementia.'' Such grants might
be used, for example, to develop training and emergency
protocols for school officials and first responders; to
increase personal safety and survival skills of vulnerable
children with developmental disabilities and adults with
dementia; or to operate notification systems for alerts and
advisories to aid in the recovery of an endangered missing
child with developmental disabilities or an adult with
dementia.
The bill is named in honor of two young boys from Iowa and
New York, each diagnosed with autism. Each boy wandered away
from a supervised setting and drowned. One of the two, nine-
year-old Kevin Curtis Wills, died in 2008 after jumping into
the Raccoon River near his home town of Jefferson, Iowa. The
other, fourteen-year-old Avonte Oquendo of Queens, New York,
drowned in New York's East River in 2014. The purpose of the
legislation is to equip families and communities with
additional tools and resources to help avoid similar tragedies.
II. History of the Bill and Committee Consideration
A. INTRODUCTION OF THE BILL
On March 1, 2016, Senator Charles Schumer introduced Kevin
and Avonte's Law of 2016. Senators Chuck Grassley and Thom
Tillis were original cosponsors, and Senators Richard Burr,
Chris Coons, Richard Durbin, Amy Klobuchar, and Bill Nelson
later joined as cosponsors of the legislation. The bill was
referred to the Committee on the Judiciary.
B. COMMITTEE CONSIDERATION
On April 14, 2016, the Committee voted to report Kevin and
Avonte's Law of 2016, without amendment, favorably to the
Senate. The Committee proceeded by roll call vote as follows:
Tally: 15 Yeas, 5 Nays
Yeas (15): Hatch (R-UT), Graham (R-SC), Cornyn (R-TX),
Vitter (R-LA), Tillis (R-NC), Leahy (D-VT), Feinstein (D-CA),
Schumer (D-NY), Durbin (D-IL), Whitehouse (D-RI), Klobuchar (D-
MN), Franken (D-MN), Coons (D-DE), Blumenthal (D-CT), Grassley
(R-IA).
Nays (5): Sessions (R-AL), Cruz (R-TX), Flake (R-AZ),
Perdue (R-GA), Lee (R-UT).
III. Section-by-Section Summary of the Bill
Section 1. Short title
This section provides that the legislation 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 section provides that 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
This section adds a grant program support for individuals
with autism and other developmental disabilities to the
existing Missing Alzheimer's Disease Patient Alert Program. It
provides that grants to reduce injury and death of such
individuals shall be awarded to State and local law
enforcement, public safety agencies, or nonprofit agencies.
Such grants may be used to develop, establish, and operate
tracking technology programs for individuals with dementia or
developmental disabilities. These programs may include
informational resources and other necessary training tools for
families and guardians of individuals who wander away from a
supervised setting due to their condition. The Attorney General
shall solicit applications for grants by posting a request on
the Department of Justice's website. The program also calls for
priority in grant making to be accorded to agencies that
partner with nonprofits having a direct link to individuals or
families of individuals with dementia or developmental
disabilities.
This section authorizes $2 million to be appropriated to
the program annually in each of fiscal years 2017 through 2021.
In that time period, the Inspector General of the Department of
Justice will conduct audits of the program. This section also
specifies certain requirements for nonprofit organizations
seeking a grant award; imposes specified limits on conference
expenditures; and requires the Attorney General to take steps
to avoid duplicative grants.
TITLE II--EDUCATION AND OUTREACH
Sec. 201. Activities by the National Center for Missing and Exploited
Children
This section clarifies that the National Center for Missing
and Exploited Children may use a portion of its annual grant
from the Department of Justice to provide technical assistance
and training to agencies and individuals in the prevention,
investigation, prosecution and treatment of cases involving
missing children who have developmental disabilities such as
autism.
TITLE III--PRIVACY PROTECTIONS
Sec. 301. Definitions
This section defines terms and phrases used in the Act,
including ``child,'' ``Indian tribe,'' ``law enforcement
agency,'' ``State,'' and ``unit of local government.''
Sec. 302. Standards and best practices for use of tracking devices
This section outlines the process the Attorney General must
follow to determine best practices and standards for the
locative tracking technology program authorized under this
legislation. (Such a process must include establishing a
complaint and investigation process; establishing privacy
protection procedures; adopting measures to protect the civil
rights and liberties of individuals who are assigned tracking
devices; establishing criteria to ensure use of the tracking
device is the least restrictive alternative to prevent the risk
of a child's injury or death; developing training for law
enforcement personnel to recognize signs of child abuse; and
determining who may have direct access to the tracking system,
among other requirements.) This section also mandates that each
entity that receives grant funds must comply with any such
standards and best practices established by the Attorney
General.
IV. Congressional Budget Office Cost Estimate
The Committee sets forth, with respect to the bill, S.
2614, the following estimate and comparison prepared by the
Director of the Congressional Budget Office under section 402
of the Congressional Budget Act of 1974:
May 3, 2016.
Hon. Chuck Grassley,
Chairman, Committee on the Judiciary
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2614, the Kevin and
Avonte's Law of 2016.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Keith Hall, Director
Enclosure.
S.2614--Kevin and Avonte's Law of 2016
Summary: S. 2614 would authorize the appropriation of $2
million annually over the 2017-2021 period for the Department
of Justice (DOJ) to make grants to State and local governments
and non-profit organizations for programs to locate missing
persons with dementia or developmental disabilities. Assuming
appropriation of the authorized amounts and the historical rate
of spending for similar activities, CBO estimates that
implementing S. 2614 would cost $7 million over the 2017-2021
period.
Pay-as-you-go procedures do not apply to this legislation
because enacting it would not affect direct spending or
revenues. CBO estimates that enacting S. 2614 would not
increase net direct spending or on-budget deficits in any of
the four consecutive 10-year periods beginning in 2027.
S. 2614 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary effects of S. 2614 are shown in the following table.
The costs of this legislation fall within budget function 750
(administration of justice).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2017 2018 2019 2020 2021 2017-2021
----------------------------------------------------------------------------------------------------------------
Increase In Spending Subject To Appropriations:
Authorization Level..................................... 2 2 2 2 2 10
Estimated Outlays....................................... * 1 2 2 2 7
----------------------------------------------------------------------------------------------------------------
Note: * = less than $500,000.
Pay-As-You-Go-considerations: None.
Increase in long term direct spending and deficits: CBO
estimates that enacting S. 2614 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
Intergovernmental and private sector impact: S. 2614
contains no intergovernmental or private-sector mandates as
defined in UMRA. State and local governments would benefit from
grants authorized in the bill. Any costs to those governments
would result from complying with conditions of assistance.
Estimate prepared by: Federal Costs: Mark Grabowicz; Impact
on State, Local, and Tribal Governments: Rachel Austin; Impact
on the Private Sector: Paige Piper/Bach.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
V. Regulatory Impact Evaluation
In compliance with rule XXVI of the Standing Rules of the
Senate, the Committee finds that no significant regulatory
impact will result from the enactment of S. 2614.
VI. Conclusion
Kevin and Avonte's Law of 2016, S.2614, addresses the need
for tracking technology for individuals with dementia and
developmental disabilities such as autism. It would add
additional funding of $2 million a year to the Missing
Alzheimer's Diseases Patient Alert Program, now called the
Missing Americans Alert Program, to plan, design, establish, or
operate tracking technology programs for individuals and
families of individuals who wander away from a supervised
setting due to their condition. This reauthorization measure
also seeks to bolster oversight and accountability for the
grant program.
VII. Changes to Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
S.2614, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
UNITED STATES CODE
* * * * * * *
TITLE 42
CHAPTER 136--VIOLENT CRIME CONTROL AND LAW ENFORCEMENT
Subchapter XI--Protections for the Elderly
* * * * * * *
SUBCHAPTER XI--PROTECTIONS FOR THE ELDERLY
[SEC. 240001. MISSING ALZHEIMER'S DISEASE PATIENT ALERT PROGRAM]
SEC. 240001. MISSING AMERICANS ALERT PROGRAM.
Sec. 14181. MISSING [ALZHEIMER'S DISEASE PATIENT] AMERICANS ALERT
PROGRAM
[(a) Grant
[The Attorney General shall, subject to the availability of
appropriations, award a grant to an eligible organization to
assist the organization in paying for the costs of planning,
designing, establishing, and operating a Missing Alzheimer's
Disease Patient Alert Program, which shall be a locally based,
proactive program to protect and locate missing patients with
Alzheimer's disease and related dementias.]
(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.
(b) Application.--To be eligible to receive a competitive
grant under subsection (a) of this section, an agency or
organization shall submit an application to the Attorney
General at such time, in such manner, and containing such
information as the Attorney General may require, including, at
a minimum, an assurance that the agency or organization will
obtain and use assistance from private nonprofit organizations
to support the program. 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.
[(c) Eligible organization
[The Attorney General shall award the grant described in
subsection (a) of this section to a national voluntary
organization that has a direct link to patients, and families
of patients, with Alzheimer's disease and related dementias.
[(d) Authorization of appropriations
[There are authorized to be appropriated to carry out this
section
[(1) $900,000 for fiscal year 1996;
[(2) $900,000 for fiscal year 1997; and
[(3) $900,000 for fiscal year 1998.]
(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.
* * * * * * *
TITLE 42
CHAPTER 72--JUVENILE JUSTICE AND DELINQUENCY PREVENTION
Subchapter IV--Missing Children
* * * * * * *
Sec. 5773. Duties and Functions of the Administrator
(b) Annual Grant to National Center for Missing and
Exploited Children.--
(1) In general.--The Administrator shall annually
make a grant to the Center, which shall be used to--
* * * * * * *
(H) Provide technical assistance and training
to law enforcement agencies, State and local
governments, elements of the criminal justice
system, public and private nonprofit agencies,
and individuals in the prevention,
investigation, prosecution, and treatment of
cases involving missing and exploited children,
including cases involving children with
developmental disabilities such as autism.
[all]