Avonte's Law Act of 2014 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to law enforcement agencies to: (1) reduce the risk of injury and death relating to the wandering characteristics of some individuals with autism and other disabilities, and (2) safeguard the well-being of individuals with disabilities during interactions with law enforcement.
Requires grant awards to be used to: (1) provide education and resources to law enforcement agencies, first responders, schools, clinicians, and the public in order to reduce the risk of wandering by such individuals, help to identify signs of abuse in such individuals, increase their personal safety and survival skills, and facilitate effective communication with individuals who have communication-related disabilities; (2) provide training and emergency protocols for school administrators, staff, and families; (3) provide response tools and training for law enforcement and search-and-rescue agencies, including tracking technology; or (4) provide response tools and training to law enforcement agencies in order to recognize and respond to individuals with intellectual and developmental disabilities.
Directs the Attorney General to establish standards and best practices relating to the use of tracking technology to monitor children with autism and other disabilities. Requires each law enforcement agency that receives a grant to comply with any such standards and best practices.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2386 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2386
To establish a grant program to help State and local law enforcement
agencies reduce the risk of injury and death relating to the wandering
characteristics of some children with autism and other disabilities.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 22, 2014
Mr. Schumer (for himself and Mr. Donnelly) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To establish a grant program to help State and local law enforcement
agencies reduce the risk of injury and death relating to the wandering
characteristics of some children with autism and other disabilities.
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 ``Avonte's Law Act of 2014''.
SEC. 2. GRANT PROGRAM TO REDUCE INJURY AND DEATH RELATING TO THE
WANDERING AND SAFETY OF INDIVIDUALS WITH DISABILITIES.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) is amended by adding at the end the following:
``PART LL--GRANT PROGRAM TO REDUCE INJURY AND DEATH RELATING TO THE
WANDERING AND SAFETY OF INDIVIDUALS WITH DISABILITIES
``SEC. 3021. PROGRAM AUTHORIZED.
``(a) In General.--The Attorney General may make grants to law
enforcement agencies to--
``(1) reduce the risk of injury and death relating to the
wandering characteristics of some individuals with autism and
other disabilities; and
``(2) safeguard the well-being of individuals with
disabilities during interactions with law enforcement.
``(b) Uses of Funds.--A grant awarded under this section shall be--
``(1) distributed directly to a law enforcement agency; and
``(2) used to--
``(A) provide education and resources to law
enforcement agencies, first responders, schools,
clinicians, and the public in order to--
``(i) reduce the risk of wandering by
individuals with autism or other disabilities;
``(ii) help to identify signs of abuse in
individuals with autism or other disabilities;
``(iii) increase personal safety and
survival skills for individuals with autism or
other disabilities; and
``(iv) facilitate effective communication
with individuals who have communication-related
disabilities, including the use of assistive
communication techniques and technology;
``(B) provide training and emergency protocols for
school administrators, staff, and families;
``(C) provide response tools and training for law
enforcement and search-and-rescue agencies, including--
``(i) tracking technology;
``(ii) reverse 911 technology;
``(iii) assistive communication technology;
``(iv) Endangered Missing Advisories; and
``(v) Federal search-and-rescue guidelines
for special needs children; or
``(D) provide response tools and training to law
enforcement agencies in order to recognize and respond
to individuals with intellectual and developmental
disabilities.
``(c) Standards and Best Practices for Use of Tracking Devices.--
``(1) Establishment.--
``(A) In general.--Not later than 120 days after
the date of enactment of this part, 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 monitor children with
autism and other disabilities.
``(B) Requirements.--In establishing the standards
and best practices required under subparagraph (A), the
Attorney General--
``(i) shall determine--
``(I) the criteria used to
determine which individuals would
benefit from the use of a tracking
device; and
``(II) who should have direct
access to the tracking system; and
``(ii) may establish standards and best
practices the Attorney General determines are
necessary to the administration of a tracking
system, including procedures in order to--
``(I) safeguard the privacy of the
data used by the tracking device such
that--
``(aa) access to the data
is restricted to agencies
determined necessary by the
Attorney General; and
``(bb) use of the data is
solely for the purpose of
preventing injury or death;
``(II) develop criteria to
determine whether use of the tracking
device is the least restrictive
alternative in order to prevent risk of
injury or death prior to issuing the
tracking device, including the previous
consideration of less restrictive
alternatives;
``(III) provide training for law
enforcement agencies to recognize signs
of abuse in their interactions with
applicants;
``(IV) protecting the civil rights
and liberties of children with
disabilities who use tracking devices,
including their rights under the Fourth
Amendment of the Constitution of the
United States;
``(V) establish a complaint and
investigation process to address--
``(aa) incidents of
noncompliance by grant
recipients with the best
practices established by the
Attorney General or other
applicable law; and
``(bb) use of a tracking
device over the objection of a
child with a disability; and
``(VI) the role which State
agencies responsible for providing
services to children with developmental
disabilities and State agencies
responsible for child protective
services should have in the
administration of a tracking system.
``(2) Required compliance.--
``(A) In general.--Each law enforcement agency that
receives a grant under this section shall comply with
any standards and best practices relating to the use of
tracking devices as established by the Attorney General
under paragraph (1), in consultation with the Secretary
of Health and Human Services and leading research,
advocacy, self-advocacy, and service organizations.
``(B) Determination of compliance.--The Attorney
General, in consultation with the Secretary of Health
and Human Services, shall determine whether a law
enforcement agency that receives a grant under this
section acts in compliance with the requirement
described in paragraph (1).
``(3) Applicability of standards and best practices.--The
standards and best practices established by the Attorney
General under paragraph (1) shall apply only to the grant
program authorized under this part.
``SEC. 3022. APPLICATIONS.
``To request a grant under section 3021, the head of a law
enforcement agency shall submit an application to the Attorney General
in such form and containing such information as the Attorney General
may reasonably require.
``SEC. 3023. DEFINITIONS.
``In this part--
``(1) the term `child' means an individual who is less than
18 years of age;
``(2) the term `Indian tribe' has the same meaning as in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e));
``(3) 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) 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
Northern Mariana Islands; and
``(5) 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. 3024. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$10,000,000 for each of fiscal years 2015 through 2019.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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