[Congressional Record Volume 162, Number 114 (Thursday, July 14, 2016)]
[Senate]
[Pages S5178-S5181]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4974. Mrs. ERNST submitted an amendment intended to be proposed by 
her to the bill H.R. 5293, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2017, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  None of the funds appropriated or otherwise made 
     available under this Act may be used to procure a Drug 
     Enforcement Administration aircraft that is designated for 
     use in Afghanistan unless--
       (1) the Secretary of Defense submits a report to Congress 
     on the use of such aircraft; and
       (2) Congress does not adopt a joint resolution of 
     disapproval of the report described in paragraph (1) during 
     the 90-day period beginning on the date on which such report 
     was submitted to Congress.
                                 ______
                                 
  SA 4975. Mr. BURR (for himself, Mrs. McCaskill, Mr. Leahy, and Mr. 
Blunt) proposed an amendment to the bill S. 2854, to reauthorize the 
Emmett Till Unsolved Civil Rights Crime Act of 2007; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Emmett Till Unsolved Civil 
     Rights Crimes Reauthorization Act of 2016''.

     SEC. 2. INVESTIGATION OF UNSOLVED CIVIL RIGHTS CRIMES.

       The Emmett Till Unsolved Civil Rights Crime Act of 2007 (28 
     U.S.C. 509 note) is amended--
       (1) in section 2--
       (A) in paragraph (1), by striking ``and'' at the end;
       (B) in paragraph (2), by striking the period at the end and 
     inserting a semicolon; and
       (C) by inserting after paragraph (2) the following:
       ``(3) coordinate the sharing of information between the 
     Federal Bureau of Investigation, the civil rights community, 
     and other entities;
       ``(4) support the full accounting of all victims whose 
     deaths or disappearances were the result of racially 
     motivated crimes;
       ``(5) hold accountable under Federal and State law all 
     individuals who were perpetrators of, or accomplices in, 
     unsolved civil rights murders and such disappearances;
       ``(6) express the condolences of the authority to the 
     communities affected by unsolved civil rights murders, and to 
     the families of the victims of such murders and such 
     disappearances;
       ``(7) keep families regularly informed about the status of 
     the investigations of such murders and such disappearances of 
     their loved ones; and
       ``(8) expeditiously comply with requests for information 
     received pursuant to section 552 of title 5, United States 
     Code, (commonly known as the `Freedom of Information Act') 
     and develop a singular, publicly accessible repository of 
     these disclosed documents.'';
       (2) in section 3--
       (A) in subsection (b)--
       (i) in paragraph (1), by striking ``occurred not later than 
     December 31, 1969, and'';
       (ii) in paragraph (2), by inserting before the period at 
     the end the following: ``, and eligible entities''; and
       (iii) by adding after paragraph (2) the following:
       ``(3) Review of closed cases.--The Deputy Chief shall, to 
     the extent practicable, reopen and review any case involving 
     a violation described in paragraph (1) that was closed prior 
     to the date of the enactment of the Emmett Till Unsolved 
     Civil Rights Crimes Reauthorization Act of 2016 without an 
     in-person investigation conducted by an officer or employee 
     of the Criminal Section of the Civil Rights Division of the 
     Department of Justice or by an agent of the Federal Bureau of 
     Investigation.
       ``(4) Task force.--

[[Page S5179]]

       ``(A) In general.--The Deputy Chief shall establish a task 
     force that includes representatives from the Federal Bureau 
     of Investigation, the Community Relations Service of the 
     Department of Justice, State and local law enforcement 
     agencies, and eligible entities to assist, as appropriate, 
     with conducting a thorough investigation of, and to make 
     recommendations to the Deputy Chief regarding, the cases 
     involving violations described in paragraph (1).
       ``(B) Authorization of appropriations.--In addition to 
     amounts made available to carry out this Act under section 6, 
     there is authorized to be appropriated to the Attorney 
     General $1,500,000 for fiscal year 2017 and each subsequent 
     fiscal year to carry out this paragraph.''; and
       (B) in subsection (c)--
       (i) in paragraph (1)--

       (I) in subparagraph (A), by striking ``that occurred not 
     later than December 31, 1969'';
       (II) in subparagraph (F), by striking ``and'' at the end;
       (III) in subparagraph (G), by striking the period at the 
     end and inserting ``; and''; and
       (IV) by inserting after subparagraph (G) the following:

       ``(H) the number of cases referred by an eligible entity or 
     a State or local law enforcement agency or prosecutor to the 
     Department within the study period, the number of such cases 
     that resulted in Federal charges being filed, the date the 
     charges were filed, and if the Department declines to 
     prosecute or participate in an investigation of a case so 
     referred, the fact that it did so, and the outreach, 
     collaboration, and support for investigations and 
     prosecutions of violations of criminal civil rights statutes, 
     including murders and including disappearances described in 
     section 2(4), within Federal, State, and local 
     jurisdictions.''; and
       (ii) in paragraph (2), by inserting before the period at 
     the end the following: ``and a description of the activities 
     conducted under subsection (b)(3)'';
       (3) in section 4(b)--
       (A) in paragraph (1), by striking ``occurred not later than 
     December 31, 1969, and''; and
       (B) in paragraph (2), by inserting before the period at the 
     end the following: ``, and eligible entities'';
       (4) in section 5--
       (A) in subsection (a), by striking ``occurred not later 
     than December 31, 1969, and''; and
       (B) in subsection (b), by striking ``each of the fiscal 
     years 2008 through 2017'' and inserting ``fiscal year 2017 
     and each subsequent fiscal year'';
       (5) in section 6--
       (A) in subsection (a)--
       (i) by striking ``each of the fiscal years 2008 through 
     2017'' and inserting ``fiscal year 2017 and each subsequent 
     fiscal year''; and
       (ii) by striking ``occurred not later than December 31, 
     1969, and''; and
       (B) by amending subsection (b) to read as follows:
       ``(b) Community Relations Service of the Department of 
     Justice.--Using funds appropriated under section 3(b)(4)(B), 
     the Community Relations Service of the Department of Justice 
     shall provide technical assistance by bringing together law 
     enforcement agencies and communities in the investigation of 
     violations described in section 4(b).'';
       (6) in section 7--
       (A) in the heading, by striking ``definition of `criminal 
     civil rights statutes''' and inserting ``definitions'';
       (B) in paragraph (6), by redesignating subparagraphs (A) 
     and (B) as clauses (i) and (ii), respectively, and indenting 
     the clauses accordingly;
       (C) by redesignating paragraphs (1) through (6) as 
     subparagraphs (A) through (F), respectively, and indenting 
     the subparagraphs accordingly;
       (D) by striking ``In this Act, the term'' and inserting: 
     ``In this Act:
       ``(1) Criminal civil rights statutes.--The term''; and
       (E) by inserting at the end the following:
       ``(2) Eligible entity.--The term `eligible entity' means an 
     organization whose primary purpose is to promote civil 
     rights, an institution of higher education, or another 
     entity, determined by the Attorney General to be 
     appropriate.''; and
       (7) by striking section 8.
                                 ______
                                 
  SA 4976. Mr. GRASSLEY (for himself, Mr. Schumer, Mr. Tillis, Mr. 
Thune, and Mr. Burr) proposed an amendment to 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; 
as follows:

       Strike all after the enacting clause and insert the 
     following:

     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 
                            REAUTHORIZATION

     SEC. 101. SHORT TITLE.

       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.

       (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 ``alzheimer'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 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.'';
       (3) in subsection (b)--
       (A) by inserting ``competitive'' after ``to receive a'';
       (B) by inserting ``agency or'' before ``organization'' 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 inserting the 
     following:
       ``(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

[[Page S5180]]

     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.''.
       (b) Annual Report.--Not later than 1 year after the date of 
     enactment of this Act and every year thereafter, 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 a report on 
     the Missing Americans Alert Program, as amended by subsection 
     (a), which shall address--
       (1) the number of individuals who benefited from the 
     Missing Americans Alert Program, including information such 
     as the number of individuals who used tracking devices under 
     the program, the number of people 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 Program;
       (3) the number of State, local, and tribal local law 
     enforcement or public safety agencies that received funding 
     under the Missing Americans Alert Program, including--
       (A) the number of State, local, and tribal law enforcement 
     or public safety agencies that used such funding for 
     training; and
       (B) the number of State, local, and tribal law enforcement 
     or public safety agencies that used such funding for 
     designing, establishing, or operating locative tracking 
     technology;
       (4) the companies, including the location (city and State) 
     of the headquarters and local offices of each company, for 
     which their locative tracking technology was used by State, 
     local, and tribal law enforcement or public safety agencies;
       (5) the nonprofit organizations, including the location 
     (city and State) of the headquarters and local offices of 
     each organization, that State, local, and tribal law 
     enforcement or public safety agencies partnered with and the 
     result of each partnership;
       (6) the number of missing children with autism or another 
     developmental disability with wandering tendencies or adults 
     with Alzheimer's being served 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 Enforcement 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 MISSING AND 
                   EXPLOITED CHILDREN.

       Section 404(b)(1)(H) of the Missing Children's Assistance 
     Act (42 U.S.C. 5773(b)(1)(H)) is amended by inserting ``, 
     including cases involving children with developmental 
     disabilities such as autism'' before the semicolon.

                     TITLE III--PRIVACY PROTECTIONS

     SEC. 301. DEFINITIONS.

       In this title:
       (1) Child.--The term ``child'' means an individual 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 the Indian Self-
     Determination and Education Assistance 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, investigation, or prosecution of any violation of 
     criminal law.
       (4) State.--The term ``State'' means each of the 50 States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     the United States Virgin Islands, American Samoa, Guam, and 
     the Commonwealth of the Northern Mariana Islands.
       (5) Unit of local government.--The term ``unit of local 
     government'' means a county, municipality, town, township, 
     village, parish, borough, or other unit of general government 
     below the State level.

     SEC. 302. STANDARDS AND BEST PRACTICES FOR USE OF TRACKING 
                   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 tracking technology to locate individuals as described 
     in subsection (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 paragraph (1), the Attorney General 
     shall--
       (A) determine--
       (i) the criteria used to determine which individuals would 
     benefit from the use of a tracking device;
       (ii) who should have direct access to the tracking system; 
     and
       (iii) which 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, including procedures to--
       (i) safeguard the privacy of the data used by the tracking 
     device such that--

       (I) access to the data is restricted to agencies determined 
     necessary by the Attorney General; and
       (II) use of the data is solely for the purpose of 
     preventing injury or death;

       (ii) establish criteria to determine whether use of the 
     tracking device is the least restrictive alternative in order 
     to prevent risk of injury or death before issuing the 
     tracking

[[Page S5181]]

     device, including the previous consideration of less 
     restrictive alternatives;
       (iii) provide training for law enforcement agencies to 
     recognize signs of abuse during interactions with applicants 
     for tracking devices;
       (iv) protect the civil rights and liberties 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 investigation process to 
     address--

       (I) incidents of noncompliance by recipients of grants 
     under subsection (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, with the best practices 
     established by the Attorney General or other applicable law; 
     and
       (II) use of a tracking device over the objection of an 
     individual; and

       (vi) determine the role that State agencies should have in 
     the administration of a tracking system.
       (b) Required Compliance.--
       (1) In general.--Each entity that receives a grant under 
     subsection (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, shall comply with any standards and best 
     practices relating to the use of tracking devices established 
     by the Attorney General in accordance with subsection (a).
       (2) Determination of compliance.--The Attorney General, in 
     consultation with the Secretary of Health and Human Services, 
     shall determine whether an entity that receives a grant under 
     subsection (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, acts in compliance with the requirement 
     described in paragraph (1).
       (c) Applicability of Standards and Best Practices.--The 
     standards and best practices established by the Attorney 
     General under subsection (a) shall apply only to the grant 
     programs authorized under subsection (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.
                                 ______
                                 
  SA 4977. Mr. RUBIO proposed an amendment to the resolution S. Res. 
486, commemorating ``Cruise Travel Professional Month'' in October 
2016; as follows:

       Strike the first whereas clause.
       In the second whereas clause, strike ``Cruise Lines 
     International Association supports'' and insert ``cruise 
     travel professionals support''.
       In the second whereas clause, strike ``is'' and insert 
     ``are''.
       In the third whereas clause, strike ``are members of Cruise 
     Lines International Association and''.
       In the seventh whereas clause, strike ``Cruise Lines 
     International Association and''.

                          ____________________