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house Bill H.R. 4919

Kevin and Avonte's Law of 2016

bill Progress


  • Not enacted
    The President has not signed this bill
  • The senate has not voted
  • The house Passed December 8th, 2016
    Roll Call Vote 346 Yea / 66 Nay
      house Committees
      Committee on Education and Labor
      Early Childhood, Elementary, and Secondary Education
      Committee on the Judiciary
      Crime, Terrorism, and Homeland Security
    IntroducedApril 12th, 2016

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Bill Details

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Title

Kevin and Avonte's Law of 2016

Official Title

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.

Summary

Kevin and Avonte's Law of 2016 Missing Americans Alert Program Act of 2016 This bill amends the Violent Crime Control and Law Enforcement Act of 1994 to revise and rename the Missing Alzheimer's Disease Patient Alert Program as the Missing Americans Alert Program and to reauthorize it through FY2021. It directs the Department of Justice's (DOJ's) Bureau of Justice Assistance to award grants to state and local law enforcement or public safety agencies and nonprofit organizations to prevent wandering and locate missing individuals with dementia or developmental disabilities. DOJ must establish and certain grant recipients must comply with standards and best practices related to the use of tracking technology to locate missing individuals with dementia or developmental disabilities. The bill amends the Missing Children's Assistance Act to specify that, with respect to training and technical assistance provided by the National Center for Missing and Exploited Children, cases involving missing and exploited children include cases involving children with developmental disabilities such as autism.
    NOT AS WRITTEN! Not when the AG gets to make the call, and not when the phrase "developmental disabilities" is continually being expanded to cover more people. It's too broad in scope! You might want to watch this video of Rep. Louie Gohmert, in which he talks about a Federal Tracking Program that would allow the federal government (specifically, the ATTORNEY GENERAL!) to make the decision to implant a tracking chip into Americans with dementia and/or "developmental disabilities": https://youtu.be/ABCbdo9RvNA Rep. Gohmert sees a program that George Orwell would be afraid of! Excerpts from the bill: 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”; (2) by striking subsection (a) and inserting the following: “(a) Grant Program To Reduce Injury And Death Of Missing Americans With Dementia And Developmental Disabilities.—Subject to the availability of appropriations to carry out this section, the Attorney General, through the Bureau of Justice Assistance and in consultation with the Secretary of Health and Human Services— “(1) shall award grants to State and local law enforcement or public safety agencies to assist such agencies in designing, establishing, and operating locative tracking technology programs for individuals with forms of dementia, such as Alzheimer's Disease, or children with developmental disabilities, such as autism, who have wandered from safe environments; and “(2) shall award competitive grants to State and local law enforcement or public safety agencies and nonprofit organizations to assist such entities in planning, designing, establishing, or operating locally based, proactive programs to prevent wandering and locate missing individuals with forms of dementia, such as Alzheimer’s Disease, or developmental disabilities, such as autism, who, due to their condition, wander from safe environments, including programs that— “(A) provide prevention and response information, including online training resources, and referrals to families or guardians of such individuals who, due to their condition, wander from a safe environment; “(B) provide education and training, including online training resources, to first responders, school personnel, clinicians, and the public in order to— “(i) increase personal safety and survival skills for such individuals who, due to their dementia or developmental disabilities, wander from safe environments; “(ii) facilitate the rescue and recovery of individuals who, due to their dementia or developmental disabilities, wander from safe environments; and “(iii) recognize and respond to endangered missing individuals with dementia or developmental disabilities who, due to their condition, wander from safe environments; “(C) provide prevention and response training and emergency protocols for school administrators, staff, and families or guardians of individuals with dementia, such as Alzheimer’s Disease, or developmental disabilities, such as autism, to help reduce the risk of wandering by such individuals; and “(D) develop, operate, or enhance a notification or communications systems for alerts, advisories, or dissemination of other information for the recovery of missing individuals with forms of dementia, such as Alzheimer’s Disease, or with developmental disabilities, such as autism.”; ...... SEC. 302. STANDARDS AND BEST PRACTICES FOR USE OF TRACKING DEVICES. (a) Establishment.— 1) IN GENERAL.—Not later than 120 days after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of Health and Human Services and leading research, advocacy, self-advocacy, and service organizations, shall establish standards and best practices relating to the use of tracking technology to locate individ- uals as described in subsection (a)(2) of section 240001 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14181), as added by this Act. (2) REQUIREMENTS.—In establishing the standards and best practices required under paragraph (1), the Attorney General shall— (A) determine— (i) the criteria used to determine which individuals would benefit from the use of a tracking device; (ii) who should have direct access to the tracking system; and (iii) which types of tracking devices can be used in compliance with the standards and best practices; and (B) establish standards and best practices the Attorney General determines are necessary used by the tracking device such that— (I) access to the data is restricted to agencies determined necessary by the Attorney General; and (II) use of the data is solely for the purpose of preventing injury or death; (ii) establish criteria to determine whether use of the tracking device is the least restrictive alternative in order to prevent risk of injury or death before issuing the tracking 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. Text of bill: https://www.congress.gov/bill/114th-congress/house-bill/4919/text Cosponsors: Rep. Waters, Maxine [D-CA-43]* Rep. Doyle, Michael F. [D-PA-14]* Rep. Hastings, Alcee L. [D-FL-20]* Rep. Chabot, Steve [R-OH-1]* Rep. King, Peter T. [R-NY-2]* Rep. Brown, Corrine [D-FL-5]* Rep. Larson, John B. [D-CT-1]* Rep. Aderholt, Robert B. [R-AL-4]* Rep. Norton, Eleanor Holmes [D-DC-At Large]* Rep. Joyce, David P. [R-OH-14]* Rep. Meehan, Patrick [R-PA-7]* Rep. Rangel, Charles B. [D-NY-13]* Rep. Boyle, Brendan F. [D-PA-13]* Rep. Costello, Ryan A. [R-PA-6]* Rep. Garamendi, John [D-CA-3]* Rep. Maloney, Sean Patrick [D-NY-18]* Rep. Carson, Andre [D-IN-7]* Rep. Donovan, Daniel M., Jr. [R-NY-11] Rep. Higgins, Brian [D-NY-26] Rep. Blum, Rod [R-IA-1] Rep. Lofgren, Zoe [D-CA-19] Rep. Schiff, Adam B. [D-CA-28] Rep. McKinley, David B. [R-WV-1] Rep. Cohen, Steve [D-TN-9] Rep. Harper, Gregg [R-MS-3] Rep. Duffy, Sean P. [R-WI-7] Rep. Peters, Scott H. [D-CA-52] Rep. Tiberi, Patrick J. [R-OH-12] Rep. Lance, Leonard [R-NJ-7] Rep. Price, David E. [D-NC-4] Rep. Comstock, Barbara [R-VA-10] Rep. Jenkins, Lynn [R-KS-2] Rep. Honda, Michael M. [D-CA-17] Rep. Richmond, Cedric L. [D-LA-2] Rep. Crenshaw, Ander [R-FL-4] Rep. Sessions, Pete [R-TX-32] Rep. Matsui, Doris O. [D-CA-6] Rep. Israel, Steve [D-NY-3] Rep. Yoder, Kevin [R-KS-3] Rep. Gutierrez, Luis V. [D-IL-4] Rep. Grijalva, Raul M. [D-AZ-3] Rep. Watson Coleman, Bonnie [D-NJ-12] Rep. Davis, Danny K. [D-IL-7] Rep. Deutch, Theodore E. [D-FL-21] Rep. Napolitano, Grace F. [D-CA-32] Rep. Sensenbrenner, F. James, Jr. [R-WI-5] Rep. Heck, Joseph J. [R-NV-3] Rep. Brownley, Julia [D-CA-26] Rep. Van Hollen, Chris [D-MD-8] Rep. Butterfield, G. K. [D-NC-1] Rep. Keating, William R. [D-MA-9] Rep. Rice, Kathleen M. [D-NY-4] Rep. Wilson, Frederica S. [D-FL-24] Rep. Blumenauer, Earl [D-OR-3] Rep. Beatty, Joyce [D-OH-3] Rep. Lee, Barbara [D-CA-13] Rep. Stivers, Steve [R-OH-15] Rep. Langevin, James R. [D-RI-2] Rep. Schakowsky, Janice D. [D-IL-9] Rep. Chu, Judy [D-CA-27] Rep. Jackson Lee, Sheila [D-TX-18] Rep. Clarke, Yvette D. [D-NY-9] Rep. Conyers, John, Jr. [D-MI-13] Rep. DelBene, Suzan K. [D-WA-1] Rep. Wasserman Schultz, Debbie [D-FL-23] Rep. Lieu, Ted [D-CA-33] Rep. Loebsack, David [D-IA-2] Rep. Jeffries, Hakeem S. [D-NY-8] Rep. Nadler, Jerrold [D-NY-10] Rep. Serrano, Jose E. [D-NY-15] Rep. Franks, Trent [R-AZ-8] Rep. Collins, Chris [R-NY-27] Rep. McGovern, James P. [D-MA-2] Rep. Bilirakis, Gus M. [R-FL-12] Rep. Fitzpatrick, Michael G. [R-PA-8] Rep. LoBiondo, Frank A. [R-NJ-2] Rep. Pingree, Chellie [D-ME-1] Rep. Young, David [R-IA-3] Rep. DeSaulnier, Mark [D-CA-11] Rep. Ryan, Tim [D-OH-13] Rep. Ashford, Brad [D-NE-2] Rep. Meeks, Gregory W. [D-NY-5] Rep. Cardenas, Tony [D-CA-29] Rep. Lewis, John [D-GA-5] Rep. Cummings, Elijah E. [D-MD-7] Rep. Scott, David [D-GA-13] Rep. Ribble, Reid J. [R-WI-8] Rep. Roybal-Allard, Lucille [D-CA-40] Rep. Titus, Dina [D-NV-1] Rep. McMorris Rodgers, Cathy [R-WA-5] Rep. Bass, Karen [D-CA-37] Rep. Hartzler, Vicky [R-MO-4] Rep. Meng, Grace [D-NY-6]
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    Did you seriously vote Yea on a bill that will make it legal for people, I'll say that again, PEOPLE, to be tracked? It starts with people with dementia and alzheimers and will progress to everyone. If it were you or your family would you want the government to be able to track you or would you rather it be a choice of your family?
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    Let's just go ahead and start tattooing numbers on our arms! Then everyone week be required to go through a physical exam, and those that don't pass muster, they should be "taken care of". It's looking more and more like that is where we are heading.
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    As a "high functioning" autistic person this bill worries me. Of course I don't want anything bad happening to my autistic brothers and sisters but there are too many cases of people abusing this kind of power usually due to a fundamental misunderstanding of autistic people. For example, being high functioning I do not wander. But if I found myself in an abusive situation this could be used to control me unfairly. I worry for other people with developmental disorders should this bill come into play.
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    Not as written. Way to open ended
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    Human rights are not open to debate, and the right to protection under the law is one of the fundamental pillars of our society. We cannot allow criminal injustice to continue, and this would forward that cause another step.
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    It's all about money folks. Rich get richer and we are losing our say over what happens in our country. Democrats, please unite and start working on our behalf.
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    This bill is startling in that it opens the door to using tracking implants in US citizens. A clear violation of privacy and a very slippery slope.
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    Conspiracy theories aside, this bill is critical for continuing and expanding services that help those who wander, specifically those with dementia.
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    The use of tracking devices coupled with the broad scope of the language of the bill is problematic to me.
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    Because it leaves too many loopholes open for them to expand upon it after its passed
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