I 111th CONGRESS 2d Session H. R. 6235 IN THE HOUSE OF REPRESENTATIVES September 28, 2010 Mr. McMahon (for himself, Mr. Hoyer, Mr. Cummings, Mr. Hall of New York, Mr. Patrick J. Murphy of Pennsylvania, Mrs. Maloney, Ms. Bordallo, Mrs. Christensen, Mr. Faleomavaega, and Mr. Pierluisi) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To encourage, enhance, and integrate Blue Alert plans throughout the United States in order to disseminate information when a law enforcement officer is seriously injured or killed in the line of duty.

1.

Short title

This Act may be cited as the National Blue Alert Act of 2010.

2.

Blue alert communications network

The Attorney General shall, subject to the availability of appropriations pursuant to section 6, establish a national Blue Alert communications network within the Department of Justice to disseminate information when a law enforcement officer is seriously injured or killed in the line of duty through the initiation, facilitation, and promotion of local elements of the network (known as Blue Alert plans) in coordination with States, units of local government, law enforcement agencies, and other appropriate entities.

3.

Blue Alert Coordinator; guidelines

(a)

Coordination within Department of Justice

The Attorney General shall assign an officer of the Department of Justice to act as the national coordinator of the Blue Alert communications network. The officer so designated shall be known as the Blue Alert Coordinator of the Department of Justice (referred to in this Act as the Coordinator). (b)

Duties of the coordinator

In acting as the national coordinator of the Blue Alert communications network, the Coordinator shall— (1)work with States to encourage the development of additional Blue Alert plans in the network; (2)establish voluntary guidelines for States to use in developing Blue Alert plans that will promote compatible and integrated Blue Alert plans throughout the United States, including— (A)a list of the resources necessary to establish a Blue Alert plan; (B)criteria for evaluating whether a situation warrants issuing a Blue Alert; (C)guidelines to protect the privacy, dignity, independence, and autonomy of any law enforcement officer who may be the subject of a Blue Alert or family of such law enforcement officer; (D)guidelines that, before a Blue Alert is issued and with respect to a law enforcement officer who is seriously injured or killed in the line of duty— (i)the law enforcement agency involved confirms the death, injury, or attack on of the law enforcement officer; (ii)there is an indication of serious injury to or death of the law enforcement officer; (iii)the suspect involved has not been apprehended; and (iv)there is sufficient descriptive information of the suspect involved and any relevant vehicle and tag numbers; (E)guidelines— (i)that information related to a law enforcement officer who is seriously injured or killed in the line of duty would be provided to the National Crime Information Center database operated by the Federal Bureau of Investigation pursuant to section 534 of title 28, United States Code, and any relevant crime information repository of the State involved; (ii)that a Blue Alert would be, to the maximum extent practicable (as determined by the Coordinator in consultation with State and local law enforcement agencies) limited to the geographic areas most likely to facilitate the apprehension of the suspect involved or which such suspect could reasonably reach, but not limited to State lines; (iii)for State law enforcement agencies to develop plans to communicate information to neighboring States to provide for seamless communication of Blue Alert; and (iv)providing that a Blue Alert will be suspended when the suspect involved is apprehended or when the law enforcement agency involved determines that the Blue Alert is no longer effective; and (F)guidelines for— (i)the issuance of alerts through the Blue Alert communications network; and (ii)the extent of the dissemination of alerts issued through the network; (3)develop proposed protocols for efforts to apprehend suspects, including protocols that are needed from the time of the initial notification of a law enforcement agency that a suspect has not been apprehended through the time of apprehension of a suspect or when the law enforcement agency involved determines that the Blue Alert is no longer effective, including— (A)public safety communications; (B)command center operations; and (C)incident review, evaluation, debriefing, and public information procedures; (4)work with States to ensure appropriate regional coordination of various elements of the network; (5)establish an advisory group to assist States, units of local government, law enforcement agencies, and other entities involved in the Blue Alert communications network with initiating, facilitating, and promoting Blue Alert plans, which shall include— (A)to the maximum extent practicable, representation from the various geographic regions of the United States; and (B)members who are— (i)representatives of law enforcement organizations, law enforcement agencies, and public safety communications, (ii)broadcasters, first responders, dispatchers, and radio station personnel; and (iii)representatives of any other individuals or organizations that the Coordinator determines are necessary to the success of the Blue Alert communications network; and (6)act as the nationwide point of contact for— (A)the development of the network; and (B)regional coordination of alerts through the network for law enforcement officers who are seriously injured or killed in the line of duty. (c)

Limitations applicable to guidelines and other duties

In establishing the guidelines and carrying out other duties under subsection (b), the following shall apply: (1)

Voluntary participation

The guidelines established under paragraph (2) of such subsection, protocols developed under paragraph (3) of such subsection, and other programs established under such subsection, shall be adoptable by a State on a voluntary basis only. (2)

Dissemination of information

The guidelines shall, to the maximum extent practicable (as determined by the Coordinator in consultation with State and local law enforcement agencies), provide that appropriate information relating to a wounding assault or fatal injury on a law enforcement officer is disseminated to the appropriate law enforcement, public health, and other public officials. (3)

Privacy and civil liberties protections

The guidelines shall— (A)ensure that alerts issued through the Blue Alert communications network comply with all applicable Federal, State, and local privacy laws and regulations; and (B)include standards that specifically provide for the protection of the civil liberties, including the privacy, of law enforcement officers who are seriously injured or killed in the line of duty and the families of such officers. (d)

Cooperation with other agencies

The Coordinator shall cooperate with the Secretary of Homeland Security, the Secretary of Transportation, the Federal Communications Commission, and appropriate offices of the Department of Justice in carrying out activities under this Act. (e)

Reports

Not later than one year after the date of the enactment of this Act, and annually thereafter, the Coordinator shall submit to Congress a report on the activities of the Coordinator and the effectiveness and status of the Blue Alert plans of each State that has established or is in the process of establishing such a plan.

4.

Grant program for support of Blue Alert plans

(a)

Grant program

Subject to the availability of appropriations to carry out this section, the Attorney General shall carry out a program to provide grants to States for the development or enhancement of programs and activities for the support of Blue Alert plans and the Blue Alert communications network. (b)

Activities

Activities funded by grants under the program under subsection (a) may include— (1)the development and implementation of education and training programs, and associated materials, relating to Blue Alert plans; (2)the development and implementation of law enforcement programs, and associated equipment, relating to Blue Alert plans; (3)the development and implementation of new technologies to improve Blue Alert communications; and (4)such other activities as the Attorney General considers appropriate for supporting the Blue Alert communications network. (c)

Federal share

The Federal share of the cost of any activities funded by a grant under the program under subsection (a) may not exceed 50 percent. (d)

Distribution of grant amounts on geographic basis

The Attorney General shall, to the maximum extent practicable, ensure the distribution of grants under the program under subsection (a) on an equitable basis throughout the various regions of the United States. (e)

Administration

The Attorney General shall prescribe requirements, including application requirements, for grants under the program under subsection (a).

5.

Definition

For purposes of this Act, the term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any federally recognized Indian tribe.

6.

Authorization of appropriations

(a)

In general

There is authorized to be appropriated such sums as may be necessary to carry out this Act (other than for purposes described in subparagraph (A) or (B) of subsection (b)(1)). (b)

Grant funding

(1)

In general

There is authorized to be appropriated for fiscal year 2011— (A)$5,000,000 for grants under section 4; and (B)an additional $5,000,000 for such grants to carry out activities described in section 4(b)(3). (2)

Availability of funds

Amounts appropriated pursuant to paragraph (1) shall remain available until expended.