[Congressional Record Volume 163, Number 209 (Thursday, December 21, 2017)]
[Senate]
[Pages S8265-S8267]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1864. Mr. McCONNELL (for Mr. Grassley (for himself, Ms. Klobuchar, 
Mr. Tillis, and Mr. Schumer)) proposed an amendment to the bill H.R. 
195, to amend title 44, United States Code, to restrict the 
distribution of free printed copies of the Federal Register to Members 
of Congress and other officers and employees of the United States, and 
for other purposes; as follows:

       At the end, add the following:

                TITLE II--KEVIN AND AVONTE'S LAW OF 2017

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Kevin and Avonte's Law of 
     2017''.

     Subtitle A--Missing Alzheimer's Disease Patient Alert Program 
                            Reauthorization

     SEC. 211. SHORT TITLE.

       This subtitle may be cited as the ``Missing Americans Alert 
     Program Act of 2017''.

     SEC. 212. 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 (34 U.S.C. 12621) is 
     amended--
       (1) in the section header, by striking ``alzheimer's 
     disease patient'' and inserting ``americans'';
       (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 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 2018 through 2022.
       ``(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 section, 
     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 section 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

[[Page S8266]]

     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;
       (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.''.

                   Subtitle B--Education and Outreach

     SEC. 231. ACTIVITIES BY THE NATIONAL CENTER FOR MISSING AND 
                   EXPLOITED CHILDREN.

       Section 404(b)(1)(H) of the Missing Children's Assistance 
     Act (34 U.S.C. 11293(b)(1)(H)) is amended by inserting ``, 
     including cases involving children with developmental 
     disabilities such as autism'' before the semicolon.

                    Subtitle C--Privacy Protections

     SEC. 241. DEFINITIONS.

       In this subtitle:
       (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. 
     5304(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) 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, such as a microchip, or other 
     trackable items.
       (5) 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.
       (6) 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. 242. STANDARDS AND BEST PRACTICES FOR USE OF NON-
                   INVASIVE AND NON-PERMANENT TRACKING DEVICES.

       (a) Establishment.--
       (1) In general.--Not later than 180 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 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 (34 U.S.C. 12621), as added by this 
     title.
       (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 to or death of the 
     individual wearing 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 (34 U.S.C. 
     12621), as added by this title, 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.

[[Page S8267]]

       (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.
       (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 (34 U.S.C. 12621), as 
     added by this title, 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 (34 U.S.C. 12621), as 
     added by this title, acts in compliance with the standards 
     and best practices 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 
     (34 U.S.C. 12621), as added by this title.
       (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 title 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.
                                 ______
                                 
  SA 1865. Mr. McCONNELL (for Mr. Grassley) proposed an amendment to 
the bill S. 2070, 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:

       On page 8, line 11, strike ``part'' and insert ``section''.
       On page 8, line 18, strike ``part'' and insert ``section''.
       On page 15, between lines 9 and 10, insert the following:
       (4) 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, such as a microchip, or other 
     trackable items.
       On page 15, line 10, strike ``(4)'' and insert ``(5)''.
       On page 15, line 15, strike ``(5)'' and insert ``(6)''.
       On page 15, strike lines 20 through 25.
       On page 17, beginning on line 20, strike ``injury or death 
     to the individual'' and insert ``injury to or death of the 
     individual''.
       On page 19, line 24, strike ``requirement'' and insert 
     ``standards and best practices''.
                                 ______
                                 
  SA 1866. Mr. McCONNELL (for Ms. Warren) proposed an amendment to the 
resolution S. Res. 336, recognizing the seriousness of Polycystic Ovary 
Syndrome and expressing support for the designation of the month of 
September 2018 as ``Polycystic Ovary Syndrome Awareness Month''; as 
follows:

       On page 4, line 5, insert ``and'' after the semicolon.
       On page 4, strike lines 6 through 7.
       On page 4, line 8, strike ``(D)'' and insert ``(C)''.
       On page 4, line 15, strike ``are afflicted with PCOS;'' and 
     insert ``have PCOS; and''.
       On page 4, strike lines 16 through 19.
       On page 4, line 20, strike ``(6)'' and insert ``(5)''.
                                 ______
                                 
  SA 1867. Mr. McCONNELL (for Ms. Warren) proposed an amendment to the 
resolution S. Res. 336, recognizing the seriousness of Polycystic Ovary 
Syndrome and expressing support for the designation of the month of 
September 2018 as ``Polycystic Ovary Syndrome Awareness Month''; as 
follows:

       In the seventh whereas clause of the preamble, strike 
     ``which'' and insert ``and''.
       In the thirteenth whereas clause of the preamble, strike 
     ``up to 80 percent of'' and insert ``many''.
       In the fifteenth whereas clause of the preamble, strike the 
     semicolon at the end and insert ``, which does not include 
     the costs associated with treatment of comorbidities;''.
       Strike the sixteenth whereas clause of the preamble.

                          ____________________