[Congressional Record (Bound Edition), Volume 162 (2016), Part 12]
[House]
[Pages 16078-16085]
[From the U.S. 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--
       ``(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

[[Page 16079]]

     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;
       (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;

[[Page 16080]]

       (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 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

[[Page 16081]]

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.
  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

[[Page 16082]]

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 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.

[[Page 16083]]

  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.
  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

[[Page 16084]]

     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 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.

[[Page 16085]]

  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.

                          ____________________