[Congressional Record Volume 162, Number 176 (Wednesday, December 7, 2016)]
[House]
[Pages H7333-H7340]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1800
KEVIN AND AVONTE'S LAW OF 2016
Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and pass the
bill (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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4919
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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--
[[Page H7334]]
``(1) shall award competitive grants to health care
agencies, State and local law enforcement agencies, 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 the safety and reduce the incidence of
wandering of persons, who, due to their dementia or
developmental disabilities, may 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 and appropriately interact
with 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; and
``(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 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.'';
(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 appropriately use person-
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 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.''.
(b) Annual Report.--Not later than 2 years 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 benefitted from the
Missing Americans Alert Program, including information such
as the number of individuals with reduced unsafe wandering,
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;
[[Page H7335]]
(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.
(6) Non-invasive and non-permanent.--The term ``non-
invasive and non-permanent'' means, with regard to any
technology or device, that the procedure to install the
technology or device does not create an external or internal
marker or implant a device or other trackable items.
SEC. 302. STANDARDS AND BEST PRACTICES FOR USE OF NON-
INVASIVE AND NON-PERMANENT 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 non-invasive and non-permanent tracking technology,
where a guardian or parent, in consultation with the
individual's health care provider, has determined that a non-
invasive and non-permanent tracking device is the least
restrictive alternative, 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) the criteria used to determine who should have direct
access to the tracking system; and
(iii) which non-invasive and non-permanent 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 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 patient
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 least restrictive alternative in order
to prevent risk of injury or death before issuing the
tracking 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.
(3) Effective date.--The standards and best practices
established pursuant to paragraph (1) shall take effect 90
days after publication of such standards and practices by the
Attorney General, unless Congress enacts a joint resolution
disapproving of the standards and practices.
(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.
(d) Limitations on Program.--
(1) Data storage.--Any tracking data provided by tracking
devices issued under this program may not be used by a
Federal entity to create a database.
(2) Voluntary participation.--Nothing in this Act may be
construed to require that a parent or guardian use a tracking
device to monitor the location of a child or adult under that
parent or guardian's supervision if the parent or guardian
does not believe that the use of such device is necessary or
in the interest of the child or adult under supervision.
TITLE IV--MISCELLANEOUS
SEC. 401. NO FUNDS AUTHORIZED FOR BYRNE CRIMINAL JUSTICE
INNOVATION PROGRAM.
For fiscal year 2017, no funds are authorized to be
appropriated for an Edward Byrne Memorial criminal justice
innovation program.
The SPEAKER pro tempore (Mr. Hultgren). Pursuant to the rule, the
gentleman from Virginia (Mr. Goodlatte) and the gentlewoman from Texas
(Ms. Jackson Lee) each will control 20 minutes.
Parliamentary Inquiry
Mr. GOHMERT. Mr. Speaker, I am inquiring whether anyone is in
opposition to the bill. If not, I would like to claim the time.
The SPEAKER pro tempore. The Chair would inquire if the gentlewoman
from Texas (Ms. Jackson Lee) is opposed to the bill.
Ms. JACKSON LEE. Mr. Speaker, I support the bill.
The SPEAKER pro tempore. The gentleman from Texas will control 20
minutes in opposition to the bill.
The Chair recognizes the gentleman from Virginia.
General Leave
Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous materials on H.R. 4919, currently under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, it is estimated that 60 percent of the 5.3 million
individuals
[[Page H7336]]
with Alzheimer's disease and 49 percent of children with autism are
susceptible to wandering or leaving safe areas and the protection of a
responsible caregiver. The results of wandering can be devastating to
individuals with Alzheimer's disease and children with developmental
disabilities.
The legislation we are considering today is named in honor of two
boys with autism who wandered away from their caregivers and tragically
drowned. The special circumstances surrounding cases of wandering
individuals are circumstances that people in local communities such as
first responders and school personnel are often not specifically
trained to handle.
The cost to local communities for a search for a missing person is
extremely expensive, even in instances where the local law enforcement
agency is trained. That is why we are considering Kevin and Avonte's
Law of 2016. It reauthorizes the Missing Alzheimer's Disease Patient
Alert Program and broadens the program to protect children with autism.
This legislation authorizes DOJ to make grants to law enforcement
agencies, public safety agencies, and nonprofit organizations to
provide educational wandering prevention programming to families and
caretakers of individuals who wander, as well as training to first
responders and school personnel to facilitate rescue and recovery.
The bill also enables parents and caregivers to apply for voluntary,
noninvasive tracking technology that can be used to help locate a
person who has wandered away from the care and safety of his or her
home. While these devices are already in widespread use, there are many
families that simply can't afford them. The result is oftentimes an
expensive search borne by State and local enforcement agencies that all
too frequently results in tragic consequences.
We have worked hard to address the privacy concerns that some have
raised about this bill. The updated language makes it explicitly clear
that this is a completely voluntary program, that all tracking devices
must be noninvasive, and that the Federal Government may not store
location data related to the devices.
Finally, we make it clear that such devices are only to be
recommended where they are the least restrictive alternative. American
communities are safer when they are equipped with the training to
prevent tragedies from happening. This legislation will assist
communities in receiving valuable education on how to prevent
individuals with Alzheimer's disease and children with autism from
wandering and to respond quickly and appropriately in cases in which
they do. I urge all Members to support this important legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. GOHMERT. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise, but I actually do so with a heavy heart. The
level of respect I have for the people involved in this bill is really
off the charts. These are wonderful people. I appreciate their mental
clarity, their intellect, and their big hearts all involved in pushing
this legislation in Congress. I can't attribute motive outside
Congress, but in Congress, I know it is with the best of intentions and
best of hearts.
When we start a Federal program, things that will be only temporary--
things that were going to be only temporary come to mind like the
income tax, and it was going to be small and temporary. Well, it is
still going on, and it has gotten bigger. I have read the bill, and I
want to thank the people involved. I have ultimate respect for both
Chairman Goodlatte and my friend Chris Smith. I just couldn't have
stronger feelings for people. And my friend across the aisle, it would
surprise some people, but we get along quite well, and I appreciate the
care she has for people.
Though there have been provisions added--there have been changes made
to try to deal with some of the concerns that people like me have had--
it is still a problem. If you look at page 21, the last page of the
bill, it has this language added: ``Voluntary participation. Nothing in
this Act may be construed to require that a parent or guardian use a
tracking device to monitor the location of a child or adult under that
parent or guardian's supervision if the parent or guardian does not
believe the use of such device is necessary.''
Frankly, I looked at making a provision like that and asking that it
be in the bill, and then I realized: Wait a minute. There are back
doors. There are things the Attorney General could do that could
satisfy the language we have for ``voluntary.'' Okay. No, the parent or
guardian won't have to do that or monitor that, but we have the system
in place. It is a Federal system.
So now we have the capability to monitor and track people so, you
know, gee, this person is a problem. The definition of who could have
this procedure or implement used is, as we are told, people with
Alzheimer's, people with autism, people who may wander off or, and the
words are, a developmental disability. Well, developmental disability,
that is a severe or chronic disability of an individual 5 years or
older that is attributable to a mental or physical impairment or
combination of those. And so then we get over into the Diagnostic and
Statistical Manual of Mental Disorders, and we have seen the evolution
of the DSM through 1, 2, 3--major changes at 3--4, 5. Personality
disorders like antisocial disorder were once called sociopath or
psychopath, but there is an argument that they are a developmental
disorder, and they are chronic for so many people.
So then you begin to see, well, we don't have a very tight definition
of what a developmentally disabled person is, and we look to the bill,
and of course in trying to make this bill broader so it would include
autism and other developmental disabilities, we see, on page 2, in the
section header, we want to make clear this isn't just Alzheimer's
disease patients so we insert the word ``Americans,'' which is a little
broader than ``Alzheimer's disease patient.''
Again, that is in the header, so it is not necessarily language, and
people like me that have had to review language as a judge or a chief
justice and write opinions on what words mean, how they apply to these
circumstances, I see where this goes. We will have a Federal tracking
program, but it is only for people with Alzheimer's or autism that
wander off. Well, yeah, or developmental disabilities, and that is
pretty far reaching where we go with that. But it is just a mental
health issue and it is a physical issue because we know--and I know
this is what has driven my friend supporting this bill, we have had
people wander off and be found dead. All of us have seen stories like
that.
The question is: Is it the job of the Federal Government to start a
tracking program? And since it is mental disease, obviously the person
who would be in charge of such a wonderful program that would help us
track people with Alzheimer's, autism, or other developmental
disability, it would be the Secretary of Health and Human Services. But
wait. The bill gives the authority to the Attorney General of the
United States. We are talking Department of Justice.
It does say a couple of places the AG will get with the Secretary of
Health and Human Services and collaborate, but ultimately these
decisions are the decisions of the Attorney General. The Attorney
General will make the call. The bill specifically says that the
Attorney General will also, basically, make all the rules and
regulations with regard to this tracking system. And then it also says
that the Attorney General will formulate the ``best practices.'' So
maybe to me or someone in this body, developmental disability would
mean one thing, and we do have definition in Federal law, but there,
too, it is quite broad.
I so much appreciate the insertion of the word ``noninvasive'' for
the tracking device or system, and nonpermanent. Well, I know tattoos
are nonpermanent if you go through what I understand is a pretty
painful process. I had felony judge friends who would order people to
have tattoos removed, so I guess you could say those were nonpermanent.
But when you look at definitions of what noninvasive is--and I don't
find it in the bill. Perhaps it is somewhere in Federal law. But even
then, you have the word ``noninvasive'' subject to interpretation.
Whose interpretation? The Attorney General, the Department of Justice's
head, to make the determination of what is noninvasive.
[[Page H7337]]
A definition in medicine, this or some similar are often used, that
noninvasive would be a process that does not violate the integrity of
the mucocutaneous barriers. Well, if you insert a chip just above the
subcutaneous barriers, would that be noninvasive? If you go a little
bit under the subcutaneous barriers, would that be noninvasive? Well,
there is only one way to find out, and that is once the Attorney
General formulates the regulations and the best practices, then we find
out what is actually noninvasive.
There is a procedure, and this indicates the people who prepared this
bill--and I am not being sarcastic. They were really trying to figure
out a way to protect an overoppressive government. You have to have a
procedure of appeal, and the Attorney General will help set that up. If
you have a complaint, you think something is not being done properly,
well, the Attorney General is going to help create the rules that allow
you to complain or appeal on that.
{time} 1815
Oh, and by the way, I never wanted to be in a football, basketball,
or baseball game--and I love all those sports and played them all--but
I never wanted to be in the game where the referee is the one that
wrote the rules for our league, because they didn't yield and their
opinion was better than the rules on the page, no matter what the page
said. So the Attorney General can tell us what he really meant or she
really meant.
Voluntary, I appreciate that part, but we have a Federal tracking
system and it says here in the bill it is to prevent violence or injury
or even death to one's self, to the person, or injury to someone else.
Now, why would this be a concern today, other than the fact that we
have seen reports come out of the U.S. Commission on Civil Rights and
the Department of Homeland Security who think that people who deny
manmade climate change are committing, basically, a law against nature.
They are violating a law against nature.
We see now where there are people who just put in your search engine
religious beliefs, mental disorders, and you will have all kinds of
investigations come up. There are people in this government, like those
in the U.S. Commission on Civil Rights, that think that those who claim
to be Christians and use code words like `religious liberty,' that that
is code for Islamophobia, homophobia, xenophobia, not understanding
that a true Christian is basing their beliefs and their trust in Jesus
Christ, who is love incarnate.
Nonetheless, we have government officials that think that religious
beliefs are a problem, and that the even bigger problem is, if you are
a veteran--that is what Homeland Security has said--and you believe in
the strict interpretation of the words on the pages of the
Constitution, that makes you a bigger threat.
So when we are talking about terms that we have seen change over the
years, we have seen the Diagnostic and Statistical Manual have massive
change. Why? Sometimes it is because medicine, psychology, or
psychiatry has made great discoveries and improvements, and sometimes
it is because one group has a better lobbying group than others.
Mr. Speaker, by the way, other good language here is that none of the
money can be used for conferences that may cost more than $20,000,
unless they do certain things. Another good provision is that none of
the money may be used to create a Federal database, but the money will
be used for State, local, nonprofit organizations.
I can't find anything that says that we in the Federal Government
cannot fund State and local databases of individuals that have
developmental disabilities such as they are too religious and,
therefore, they are deemed to have a developmental disability,
antisocial personalities. It is just too open and there are too many
loopholes.
I like the idea; and the more I thought about it, the more I read the
language, the more I saw the open loopholes that could result in a
Federal tracking system that George Orwell would have been embarrassed
about.
So, with brotherly and appeared appreciation for those pursuing this
bill out of the best of intentions--just wanting to stop death and harm
to one's self because you have autism, Alzheimer's--Mr. Speaker, I
humbly submit this is a dangerous door for any government to open, a
door that Orwell would have warned about.
People told me, well, gee, there is ink that you can use in a tattoo
that can be tracked. I don't know. It is a door that we should not open
at the Federal level to begin a program of tracking, no matter whether
it is State or local officials that have the database and we get it and
look at it or what.
So I hope that the bill doesn't pass and we can work together to find
ways to help those who cannot help themselves.
I reserve the balance of my time.
Mr. GOODLATTE. Mr. Speaker, may I inquire how much time remains on
each side.
The SPEAKER pro tempore. The gentleman from Virginia has 17 minutes
remaining. The gentleman from Texas has 4\1/2\ minutes remaining.
Mr. GOODLATTE. Mr. Speaker, I yield 5 minutes to the gentlewoman from
Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Mr. Speaker, let me thank the gentleman from
Virginia for yielding and let me thank the sponsor of this bill.
Five minutes certainly will not be enough time to refute my good
friend from Texas, but let me start by saying to my colleagues that
this bill is about saving lives. Let me say it again. It is squarely,
on its face, simply about saving lives.
I support this bipartisan measure because it addresses an urgent
need, one with which I have had firsthand experience. As a Member of
the United States Congress, I take great concern, as we all do, with
the individual lives of our constituents. I have had at least two
occasions to deal with missing adults whose families have been in pain.
Those adults have been missing because of dementia or Alzheimer's. Out
of their plight, we have sought law enforcement to be of help to look
for these loved ones.
This bill would amend the Violent Crime Control and Law Enforcement
Act of 1994 to reauthorize and expand the Missing Alzheimer's Disease
Patient Alert Program. Across our Nation, there are millions of
children who suffer from autism or mental developmental disorders, as
well as individuals suffering from Alzheimer's disease or other forms
of dementia.
What is the crux of this bill? A few years ago, Congresswoman Waters
and myself introduced amendments to the Elder Justice Act and Elder
Abuse Victims Act, which reauthorized and expanded the Missing
Alzheimer's Disease Patient Alert Program's key provisions.
The Department of Justice program supports the use of new
technologies to help local communities and law enforcement officials
quickly locate and identify people with Alzheimer's disease who wander
or are missing and reunite them with their families, providing vital
assistance to a vulnerable population.
Again, Mr. Speaker, it is about saving lives. We know, in 2016, one
in nine older Americans have Alzheimer's disease; 6 in 10 people with
dementia will wander. Alzheimer's was the sixth leading cause of death
in 2013 in Texas alone.
As it relates to children and autism, nearly half of the children
with autism engage in wandering behavior. More than one-third of
children with autism who wander are never or rarely able to communicate
their name, address, or phone number. Accidental drowning accounts for
approximately 90 percent of lethal outcomes as relate to children with
autism who wander.
Let me speak specifically to the legislation before us and answer the
concerns. There is no evidence in this bill that any invasive activity
will occur. No chip will be put in an adult or a child who is suffering
either from autism as a child--a wanderer--or an adult.
It clearly says that this is a collaboration between the Attorney
General and the Secretary of Health and Human Services, who will only
focus on leading research advocacy, self-advocacy, and service
organizations to help establish standards and best practices relating
to the use of noninvasive, nonpermanent tracking technology where the
guardian or parent, in consultation with the individual's
[[Page H7338]]
healthcare provider, has determined that a noninvasive and nonpermanent
tracking device is the least restrictive alternative to locate
individuals. Nothing will occur, Mr. Speaker, to any loved ones without
the permission of that loved one's guardian or parent, and it is only
to be able to save lives. The Attorney General and the Secretary of
Health and Human Services will have no further input, other than to
make sure that whatever is utilized is noninvasive, best practices, and
will do no harm.
What is the role of the Federal Government? It is to solve problems.
We are attempting to come here today for the loved ones all over
America. Meet the family of an autistic child--a loving child, a loving
family. They know that is a talented and wonderful, beautiful child,
but they have a tendency to wander.
Come, for example, and stand in the shoes of a family in Houston,
Texas. During a wonderful holiday season, the Thanksgiving season, a
time of joy and family gathering, a beautiful little 9-year-old boy
walked out of the house. They said he may have his iPad with him, he
may have his earphones, he might not have any shoes on, but don't call
his name, don't bother to chase him, because the likelihood is he will
run away from you.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. GOODLATTE. Mr. Speaker, I yield the gentlewoman from Texas an
additional 1 minute.
Ms. JACKSON LEE. Just think, if there had been that acceptable
tracking device, noninvasive.
Mr. Speaker, I am as concerned about privacy as my good friend from
Texas. We have sat on the Judiciary Committee together and we have
supported, first, when we were dealing with the issues of terrorism
after 9/11, the PATRIOT Act. We came together. We were standing strong
against the invasiveness that violates the privacy of the American
people and violates the Constitution. This is not that case.
There are families out there who are suffering the loss of their
loved ones, whether it is an elderly person or whether it is that
beautiful, young child who happens to be autistic, who is in a world of
their own and who decided to wander. Just think of the wonderful device
that would help save lives.
I ask my colleagues to vote on this bill as a lifesaving bill that
needs the love and affection of every Member of Congress to give love
and affection to those families that are suffering and need our help.
We are problem solvers.
Mr. Speaker, I rise in support of H.R. 4919, the ``Kevin and Avonte's
Law of 2016,'' as amended.
I support this bipartisan measure because it addresses an urgent
need. The bill would amend the Violent Crime Control and Law
Enforcement Act of 1994 to reauthorize and expand the Missing
Alzheimer's Disease Patient Alert Program.
Across our Nation, there are millions of children who suffer from
autism or mental developmental disorders as well as individuals
suffering from Alzheimer's disease or other forms of dementia.
These children and adults are often at serious risk of injury or even
death when they wander away from their caregivers. In many cases, they
are disoriented and unable to seek help for themselves. They may not
even remember their name or where they live. Worse yet, they can be
seriously injured or worse.
This bill, in fact, is named for two young boys--Kevin and Avonte--
who died tragically after wandering away from their caregivers.
To address this problem, H.R. 4919 would significantly improve the
Missing Alzheimer's Disease Patient Alert Program in several
significant respects.
First, the bill would expand the scope of the Program to authorize
grants to locally based organizations to fund initiatives, activities,
and services related to children with autism and developmental
disabilities.
Second, the bill would authorize grants for the development and
operation of location tracking services in appropriate circumstances.
H.R. 4919 also expands the grant program authorized by the Missing
Children's Assistance Act specifically for the National Center for
Missing and Exploited Children to provide technical assistance and
training in cases involving children with developmental disorders.
Although H.R. 4919 expands the existing grant system and renames it
as the Missing Americans Alert Program, the central purpose of the
Program will remain the same.
Grants would continue to be provided to the many agencies and
organizations that protect and locate missing individuals suffering
from disorders that result in wandering with the goal of reducing
incidences of wandering and the resultant risk of injury and death.
To ensure these efforts are done effectively, prevent abuse with
respect to any use of tracking technology, and protect privacy
interests, the bill establishes standards and best practices.
While H.R. 4919 will help address an important issue, I am concerned
that the suspension version of the bill will reduces the authorization
for funding for another grant program in order to satisfy the ``cut-
go'' requirements of the Majority.
I do not see the need to reduce the authorization for one good
program to fund another, and I hope we will be able to address this
issue as we work with the Senate on final legislation for enactment.
Nevertheless, H.R. 4919 overall is an important measure that will
provide real assistance to those who are among the most vulnerable in
our society.
As this Congress comes to a close, I am pleased that my colleagues on
both sides of the aisle have worked together in a spirit of compromise
to address a critical issue that unfortunately affects so many
Americans.
It is my hope that this spirit of cooperation will continue into the
next Congress, particularly in the area of criminal justice reform.
I am pleased to support H.R. 4919 because this bill would reauthorize
and expand the Missing Alzheimer's Disease Patient Alert Program and
authorize grants to establish and operate programs that provide
location tracking services for children with autism or other
developmental and adults with Alzheimer's or dementia--something I have
long advocated for and worked to make law.
Thousands of adults and children go missing each year.
While we must be concerned for all individuals who go missing, adults
and children, with mental deficiencies or disabilities, require more
particularized consideration due to their vulnerability.
Adults who suffer from Alzheimer's or dementia and children with
autism spectrum disorders, or other developmental disorders, are prone
to wander away from safe places.
A study published this year by researchers at Cohen Children's
Medical Center of New York reported that more than 250,000 school-age
children with autism or other developmental disorders wander away from
adult supervision each year.
The National Crime Information Center reported that, between 2011 and
2015, roughly 16-17 percent of adults reported missing suffered from a
mental or physical disability or senility.
When these individuals wander away, they are oftentimes at great risk
of serious injury or even death.
This bill is named for two children who wandered away and drowned.
Sadly, each one of us has a similar story about a constituent.
I have pushed so hard for this type of legislation so that we do not
have to tell more stories like the one of Mr. Sammy Kirk, a native of
Houston, whose family called me for help in locating him.
Mr. Kirk was 76 years old and suffered from dementia when he wandered
away.
His family searched for him for days to no avail.
In their desperation, they called on me to lend my services to them
to help find him.
We searched together for Mr. Kirk for three days and nights.
When we found him, he had succumbed to dehydration.
His body lay alongside a bayou, many miles away from his home.
I have advocated for so long, along with my colleague, Rep. Maxine
Waters, in attempting to establish a pilot program during the 109th and
110th Congresses to provide voluntary electronic monitoring services to
elderly individuals to assist in locating such individuals when they
are reported missing.
Mr. Kirk and many others might have been saved if such a program
already existed.
The need for individual location tracking is just as critical as it
was in 2008, when I and Congresswoman Waters offered amendments to
several bills providing for such programs, including the Elder Justice
Act and the Elder Abuse Victims Act.
I am pleased that the key provisions of the Jackson Lee-Waters
Amendments have been incorporated into the bill before us today.
More than 5 million Americans suffer from Alzheimer's disease and 1
in 68 children has an autism spectrum disorder.
Almost half of wandering Alzheimer's patients will be seriously
injured or die if they are not found within 24 hours of their
departure.
Like their older counterparts, almost half of autistic children are
expected to wander away from their caregivers.
Several studies predict that many of these children will be at risk
of drowning or sustaining a traffic injury.
[[Page H7339]]
The number of citizens suffering from Alzheimer's, dementia, autism,
or developmental disorders is expected to grow rapidly and
exponentially.
The time has come for us to offer all that we have available to
prevent any more stories like that of Kevin Curtis Wills, or Avonte
Oquendo, Mr. Sammy Kirk, or just as recently as this Thanksgiving
holiday, Marcus McGhee.
Let us focus our efforts on assisting state and local governments in
the development of alert systems and technology to protect some of our
most vulnerable constituents and locate them, if the time ever comes.
This bill would provide for a host of entities and measures that work
together to protect, locate, and recover loved ones, including
education and training.
This bill would also expand the grants that can be awarded to the
National Center for Missing and Exploited Children to provide technical
assistance and training in the prevention, investigation, prosecution,
and treatment of cases to also include children with developmental
disabilities.
Mr. Speaker, I am glad to see this bill before us today.
It is a good piece of legislation that responds to a need that has
reached a tipping point.
I am concerned about the cutting of funds for the Byrne Innovation
program for 2017, however the Continuing Resolution will provide
funding until April 2017.
children with autism fact sheet
Autism is one of the fastest-growing developmental
disorders in the U.S.
Nearly half of children with autism engage in wandering
behavior.
More than 1/3 of children with autism who wander are never
or rarely able to communicate their name, address or phone
number.
Accidental drowning accounts for approximately 90% of
lethal outcomes among children with autism who wander.
Other dangers include dehydration; heat stroke;
hypothermia; traffic injuries; falls; physical restraint
encounters with a stranger.
After intellectual disabilities, autism is the most common
developmental disorder.
A white child with autism is almost 3 times more likely to
receive an accurate diagnosis of autism on their first visit
to a specialist, than a black child.
Children diagnosed as early as 18 months to 3 years have
the benefit of preschool intervention programs in their most
formative years.
The average African-American child with autism is not
diagnosed until they are 5 years old.
Recently, the Centers for Disease Control released a 2016
report, announcing an increase in autism from one child in 88
to one in 42.
Autism costs a family $60,000 a year on average.
Boys are nearly five times more likely than girls to have
autism.
Half of families report they have never received advice or
guidance about elopement from a professional.
____
americans with alzheimer's fact sheet
In 2016, 1 in 9 older Americans had Alzheimer's disease.
6 in 10 people with dementia will wander.
Alzheimer's was the 6th leading cause of death in 2013 in
Texas.
Of the 5.4 million Americans with Alzheimer's, an estimated
5.2 million people are age 65 and older, and approximately
200,000 individuals are under age 65 (younger-onset
Alzheimer's).
Almost 2/3 of Americans with Alzheimer's were women in
2014.
Among people age 70, 61% of those with Alzheimer's are
expected to die before the age of 80 compared with 30% of
people with Alzheimer's--a rate twice as high.
In 2015, 15.9 million family and friends provided 18.1
billion hours of unpaid care to those with Alzheimer's and
other dementias--an estimated $221.3 billion.
In 2016, Alzheimer's and other dementias will cost the
nation $236 billion.
Studies have shown that early diagnosis and the creation of
a stimulating and supportive environment can be beneficial in
slowing the progression of Alzheimer's.
In addition to looking for a cure, researchers are focusing
more and more on supporting the caregivers who spend upwards
of 13 hours a day caring for loved ones.
Mr. GOODLATTE. Mr. Speaker, I yield 4 minutes to the gentleman from
New Jersey (Mr. Smith), the chief sponsor of this legislation.
Mr. SMITH of New Jersey. Mr. Speaker, I thank the chairman of the
Judiciary Committee, Mr. Goodlatte, for his enormous efforts and those
of his staff to, out of an abundance of caution, address some of the
issues that were raised by my friend from Texas. I don't think some of
his concerns were included or at risk in the bill, but we clarified and
made very clear about voluntary participation and the issue of
noninvasiveness and nonpermanent, which is now clearly defined in the
legislation. So it is an improvement. Mr. Goodlatte was the one who
came up with that language. The language that deals with the
collection, use, and retention of data is solely for the purpose of
preventing injury or death to the patient.
Mr. Speaker, in the year 2000, I cofounded two caucuses: the Autism
Caucus and the Alzheimer's Caucus. I wrote three laws on autism,
including the most recent Autism CARES Act, which not only provides
$1.3 billion for autism and research at NIH, CDC, and HRSA, but also
looks at the aging out issue.
Law enforcement is not ready to deal with severely autistic children
who, when you approach them, need a certain approach so that they don't
react violently, especially if they have a sense of threat.
As my good friend and colleague from Virginia, the distinguished
chairman said, about 50 percent of autistic children wander. We know at
least 100 children since 2011 have died. The bill is named after two of
them who drowned.
{time} 1830
A benign tracking device that is noninvasive, there is no collection
or use other than for the prevention of injury or death, and, of
course, there is no national storage. If you ask, I say to my
colleagues, your local sheriffs, your law enforcement about the
lifesaving program, some have it, some don't. Within about one-half
hour of an Alzheimer's patient or an autistic patient being lost,
wandering, they find them. Those who are not found in 24 hours, not
only have got a 50 percent chance of getting hurt themselves, but can
hurt other people. About 60 percent of the Alzheimer's community wander
at some point. This is a way of protecting and preventing injury.
I say to my colleague, my good friend from Texas, he is reading into
the things that are not there. One of the groups put out an alert
suggesting a vote against this and hadn't even read the clarifications
out of an abundance of caution, again, put in there by Mr. Goodlatte.
So I would hope that Members would support this. This will save
lives. And we are not reinventing the wheel. The Alzheimer's program
was in effect without any parade of horribles occurring as a result.
I check with Alzheimer's patients all the time, Alzheimer's
Association and, of course, Autism Speaks, and others who are all for
this. They want this desperately because wandering is a serious
problem.
We want to get our loved ones, find our loved ones who have
developmental disabilities or have Alzheimer's, and make sure they get
back to a safe and secure environment as quickly as possible. That is
all this does.
So I urge my colleagues to support it. I, again, thank the chairman.
I thank Mr. Conyers and others. This is a bipartisan bill. Senators
Grassley and Schumer sponsored it on the Senate side, Ms. Maxine
Waters--it is the left, right, middle, everybody in between. This is
about helping people who are at grave risk when they wander.
Mr. GOODLATTE. Mr. Speaker, I have no other speakers other than
myself, and I believe I have the right to close, so I will reserve the
balance of my time.
Mr. GOHMERT. Mr. Speaker, I yield myself such time as I may consume.
I will not bow to anyone who may think they have greater love or care
or commitment to people who suffer from dementia or other developmental
disabilities. I have spent an awful lot of time with people I love.
But let me just tell you, Mr. Speaker--let me finish that. The people
I love, I don't know if they knew where they were. I have spent time
with family and people I love who struggle with these very issues. I
know there is a danger of death. There is a danger of injury.
Whether Franklin said it or not, those who will give up a little
liberty to get security deserve neither. Whoever said it, I think it
was Franklin, some say it wasn't, but it is true.
We are told, this is strictly for all those people out there that
have autistic kids or people with developmental disability. Well, they
haven't used--nobody here has used developmental disability but me.
But the truth is, the reason I heard about this bill, my staff tells
me, is we
[[Page H7340]]
just got a call from someone who has an autistic child, and they are
scared to death that the Federal Government is going to start a
tracking program for kids with autism.
And yeah, they will provision in here that it is supposed to be
voluntary, but once you have the system in place--I can guarantee you,
I have seen programs like this get started. And when I am a judge and
law officers come in and say, this person is a threat, they swear to
it, the evidence is in the affidavit then, yes, I will give them a
warrant to go use whatever they say they believe will be the best way
to handle the situation.
Once it is in place, it is going to be used by more than parents; you
can count on it. And if you look at Page 17: The Attorney General shall
determine the criteria. The Attorney General shall determine the
criteria for determining who should have direct access to the tracking
system and determine what is noninvasive, what is nonpermanent. The
Attorney General shall make sure that the tracking device access to
data is restricted to law enforcement and health agencies, but whoever
the Attorney General determines.
I am telling you, this is opening Pandora's box. And as a parent said
to us, we can track our child using our own resources. And if we don't
have the resources, there are charities that will help us. Please don't
let the government start a tracking program because people in this room
could end up being on the list of people who end up having
developmental disabilities; and they are a threat, as Homeland Security
says, so many of our veterans and our constitutionalists are today.
This is about using resources that people have, and if they don't
then let's use charitable money so that the government doesn't invade
our privacy any more than it already has, already does.
I care about the injuries. I have devoted so much of my life to
punishing those who violate people's space; that harm others; that kill
others. I have not backed away from that commitment. But the
government's job is not to be a dictator or to be a big brother. We
never do that well.
I yield back the balance of my time.
Mr. GOODLATTE. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I would say to my good friend from Texas, and he is my
good friend from Texas, that I know that he loves people with
developmental disabilities, people with Alzheimer's, families that face
the challenge of autism, and I know that his heart is in the right
place. But I also know that we have just an honest difference of
opinion about what we are doing here and the best way to save the lives
of people when they are lost.
I know in my community of Roanoke, Virginia, that we have people,
both with Alzheimer's and with autism, who wander off. Sometimes
families are able to provide other means of keeping them safe, and
sometimes they are not.
But I would argue to you that a tracking device that is not federally
administered, that does not have data that is stored by the Federal
Government, that is simply a program that already exists and is simply
being changed to allow it to apply to families with autistic members of
the family who want to voluntarily participate in this, and is
something that not only saves lives but also creates more freedom, not
more government surveillance or more government intervention in
people's lives, as the gentleman is concerned about, but actually more
freedom, more freedom so that people can move about a little more
freely, and others can know, family members can know where they are.
I think that this is an important change in this law that is going to
make life better for families and give them peace of mind, more freedom
of movement, and the ability to find them if they do wander off, as has
happened so often, as happened in the case of Kevin and Avonte, the
children for whom this legislation is named.
I want to thank the gentleman from New Jersey for his hard work over
a long period of time on this. I think the Judiciary Committee has done
good work to improve this.
I want to thank the ranking member. I want to thank the gentlewoman
from Texas. I want to thank the staff on both sides of the aisle for
their hard work to make this bill, a good bill, even better.
To address the concerns raised by the gentleman from Texas, again,
this is voluntary. We are not starting a program. It already exists.
And the authority of the Attorney General, in conjunction with the
Department of Health and Human Services, because it is primarily a
training and education program to State and local law enforcement, so
that when first responders and law enforcement personnel and so on are
called to look for someone whose life is endangered, as it happens
every day, unfortunately, somewhere in this great country, they will
have a new, good, noninvasive tool to help protect the lives of the
innocent, the lives of those who don't know where they might be headed
or where they might be and, therefore, can help families find them,
help first responders find them, bring them back to safety, save their
lives. That is what this bill is about.
I urge my colleagues to support this legislation.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Virginia (Mr. Goodlatte) that the House suspend the
rules and pass the bill, H.R. 4919, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. GOHMERT. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________