[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 657 Reported in Senate (RS)]

                                                       Calendar No. 160
112th CONGRESS
  1st Session
                                 S. 657

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 28, 2011

  Mr. Cardin (for himself, Mr. Graham, Mr. Leahy, Ms. Klobuchar, Mr. 
Coons, Mr. Whitehouse, Mr. Blumenthal, Mr. Kyl, Mr. Brown of Ohio, and 
 Mr. Portman) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

                           September 8, 2011

                Reported by Mr. Leahy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``National Blue Alert Act of 
2011''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Coordinator.--The term ``Coordinator'' means 
        the Blue Alert Coordinator of the Department of Justice 
        designated under section 4(a).</DELETED>
        <DELETED>    (2) Blue Alert.--The term ``Blue Alert'' means 
        information relating to the serious injury or death of a law 
        enforcement officer in the line of duty sent through the 
        network.</DELETED>
        <DELETED>    (3) Blue Alert plan.--The term ``Blue Alert plan'' 
        means the plan of a State, unit of local government, or Federal 
        agency participating in the network for the dissemination of 
        information received as a Blue Alert.</DELETED>
        <DELETED>    (4) Network.--The term ``network'' means the Blue 
        Alert communications network established by the Attorney 
        General under section 3.</DELETED>
        <DELETED>    (5) State.--The term ``State'' means each of the 
        50 States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the United States Virgin Islands, Guam, American Samoa, 
        and the Commonwealth of the Northern Mariana Islands.</DELETED>

<DELETED>SEC. 3. BLUE ALERT COMMUNICATIONS NETWORK.</DELETED>

<DELETED>    The Attorney General shall establish a national Blue Alert 
communications network within the Department of Justice to issue Blue 
Alerts through the initiation, facilitation, and promotion of Blue 
Alert plans, in coordination with States, units of local government, 
law enforcement agencies, and other appropriate entities.</DELETED>

<DELETED>SEC. 4. BLUE ALERT COORDINATOR; GUIDELINES.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Duties of the Coordinator.--The Coordinator shall--
</DELETED>
        <DELETED>    (1) encourage States and units of local government 
        to develop additional Blue Alert plans;</DELETED>
        <DELETED>    (2) establish voluntary guidelines for States and 
        units of local government to use in developing Blue Alert plans 
        that will promote compatible and integrated Blue Alert plans 
        throughout the United States, including--</DELETED>
                <DELETED>    (A) a list of the resources necessary to 
                establish a Blue Alert plan;</DELETED>
                <DELETED>    (B) criteria for evaluating whether a 
                situation warrants issuing a Blue Alert;</DELETED>
                <DELETED>    (C) guidelines to protect the privacy, 
                dignity, independence, and autonomy of any law 
                enforcement officer who may be the subject of a Blue 
                Alert and the family of the law enforcement 
                officer;</DELETED>
                <DELETED>    (D) guidelines that a Blue Alert should 
                only be issued with respect to a law enforcement 
                officer if--</DELETED>
                        <DELETED>    (i) the law enforcement agency 
                        involved--</DELETED>
                                <DELETED>    (I) confirms--</DELETED>
                                        <DELETED>    (aa) the death or 
                                        serious injury of the law 
                                        enforcement officer; 
                                        or</DELETED>
                                        <DELETED>    (bb) the attack on 
                                        the law enforcement officer and 
                                        that there is an indication of 
                                        the death or serious injury of 
                                        the officer; or</DELETED>
                                <DELETED>    (II) concludes that the 
                                law enforcement officer is missing in 
                                the line of duty;</DELETED>
                        <DELETED>    (ii) there is an indication of 
                        serious injury to or death of the law 
                        enforcement officer;</DELETED>
                        <DELETED>    (iii) the suspect involved has not 
                        been apprehended; and</DELETED>
                        <DELETED>    (iv) there is sufficient 
                        descriptive information of the suspect involved 
                        and any relevant vehicle and tag 
                        numbers;</DELETED>
                <DELETED>    (E) guidelines--</DELETED>
                        <DELETED>    (i) that information relating to a 
                        law enforcement officer who is seriously 
                        injured or killed in the line of duty should be 
                        provided to the National Crime Information 
                        Center database operated by the Federal Bureau 
                        of Investigation under section 534 of title 28, 
                        United States Code, and any relevant crime 
                        information repository of the State 
                        involved;</DELETED>
                        <DELETED>    (ii) that a Blue Alert should, to 
                        the maximum extent practicable (as determined 
                        by the Coordinator in consultation with law 
                        enforcement agencies of States and units of 
                        local governments), be limited to the 
                        geographic areas most likely to facilitate the 
                        apprehension of the suspect involved or which 
                        the suspect could reasonably reach, which 
                        should not be limited to State lines;</DELETED>
                        <DELETED>    (iii) for law enforcement agencies 
                        of States or units of local government to 
                        develop plans to communicate information to 
                        neighboring States to provide for seamless 
                        communication of a Blue Alert; and</DELETED>
                        <DELETED>    (iv) providing that a Blue Alert 
                        should 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</DELETED>
                <DELETED>    (F) guidelines for--</DELETED>
                        <DELETED>    (i) the issuance of Blue Alerts 
                        through the network; and</DELETED>
                        <DELETED>    (ii) the extent of the 
                        dissemination of alerts issued through the 
                        network;</DELETED>
        <DELETED>    (3) develop protocols for efforts to apprehend 
        suspects that address activities during the period beginning at 
        the time of the initial notification of a law enforcement 
        agency that a suspect has not been apprehended and ending at 
        the time of apprehension of a suspect or when the law 
        enforcement agency involved determines that the Blue Alert is 
        no longer effective, including protocols regulating--</DELETED>
                <DELETED>    (A) the use of public safety 
                communications;</DELETED>
                <DELETED>    (B) command center operations; 
                and</DELETED>
                <DELETED>    (C) incident review, evaluation, 
                debriefing, and public information 
                procedures;</DELETED>
        <DELETED>    (4) work with States to ensure appropriate 
        regional coordination of various elements of the 
        network;</DELETED>
        <DELETED>    (5) establish an advisory group to assist States, 
        units of local government, law enforcement agencies, and other 
        entities involved in the network with initiating, facilitating, 
        and promoting Blue Alert plans, which shall include--</DELETED>
                <DELETED>    (A) to the maximum extent practicable, 
                representation from the various geographic regions of 
                the United States; and</DELETED>
                <DELETED>    (B) members who are--</DELETED>
                        <DELETED>    (i) representatives of law 
                        enforcement organizations, law enforcement 
                        agencies, and public safety 
                        communications;</DELETED>
                        <DELETED>    (ii) broadcasters, first 
                        responders, dispatchers, and radio station 
                        personnel; and</DELETED>
                        <DELETED>    (iii) representatives of any other 
                        individuals or organizations that the 
                        Coordinator determines are necessary to the 
                        success of the network; and</DELETED>
        <DELETED>    (6) act as the nationwide point of contact for--
        </DELETED>
                <DELETED>    (A) the development of the network; 
                and</DELETED>
                <DELETED>    (B) regional coordination of Blue Alerts 
                through the network.</DELETED>
<DELETED>    (c) Limitations.--</DELETED>
        <DELETED>    (1) Voluntary participation.--The guidelines 
        established under subsection (b)(2), protocols developed under 
        subsection (b)(3), and other programs established under 
        subsection (b), shall not be mandatory.</DELETED>
        <DELETED>    (2) Dissemination of information.--The guidelines 
        established under subsection (b)(2) shall, to the maximum 
        extent practicable (as determined by the Coordinator in 
        consultation with law enforcement agencies of States and units 
        of local government), provide that appropriate information 
        relating to a Blue Alert is disseminated to the appropriate 
        officials of law enforcement agencies, public health agencies, 
        and other agencies.</DELETED>
        <DELETED>    (3) Privacy and civil liberties protections.--The 
        guidelines established under subsection (b) shall--</DELETED>
                <DELETED>    (A) provide mechanisms that ensure that 
                Blue Alerts comply with all applicable Federal, State, 
                and local privacy laws and regulations; and</DELETED>
                <DELETED>    (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 the officers.</DELETED>
<DELETED>    (d) Cooperation With Other Agencies.--The Coordinator 
shall cooperate with the Secretary of Homeland Security, the Secretary 
of Transportation, the Chairman of the Federal Communications 
Commission, and appropriate offices of the Department of Justice in 
carrying out activities under this Act.</DELETED>
<DELETED>    (e) Reports.--Not later than 1 year after the date of 
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 that are in effect 
or being developed.</DELETED>

<DELETED>SEC. 5. GRANT PROGRAM FOR SUPPORT OF BLUE ALERT 
              PLANS.</DELETED>

<DELETED>    Section 1701(b) of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3796dd(b)) is amended--
</DELETED>
        <DELETED>    (1) in paragraph (16), by striking ``and'' at the 
        end;</DELETED>
        <DELETED>    (2) by redesignating paragraph (17) as paragraph 
        (18); and</DELETED>
        <DELETED>    (3) by inserting after paragraph (16) the 
        following:</DELETED>
        <DELETED>    ``(17) to assist a State in the development or 
        enhancement of programs and activities in support of a Blue 
        Alert plan and the network (as those terms are defined in 
        section 2 of the National Blue Alert Act of 2010), including--
        </DELETED>
                <DELETED>    ``(A) developing and implementing 
                education and training programs, and associated 
                materials, relating to Blue Alert plans;</DELETED>
                <DELETED>    ``(B) developing and implementing law 
                enforcement programs, and associated equipment, 
                relating to Blue Alert plans; and</DELETED>
                <DELETED>    ``(C) developing and implementing new 
                technologies to improve the communication of Blue 
                Alerts; and''.</DELETED>

<DELETED>SEC. 6. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    Section 1001(a)(11) of the Omnibus Crime Control and Safe 
Streets Act of 1968 is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(C)(i) Of amounts authorized to be appropriated to carry 
out part Q in any fiscal year, $10,000,000 is authorized to be 
appropriated for grants for the purposes described in section 
1701(b)(17).</DELETED>
<DELETED>    ``(ii) Amounts appropriated pursuant to clause (i) shall 
remain available until expended.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Blue Alert Act of 2011''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Coordinator.--The term ``Coordinator'' means the Blue 
        Alert Coordinator of the Department of Justice designated under 
        section 4(a).
            (2) Blue alert.--The term ``Blue Alert'' means information 
        relating to the serious injury or death of a law enforcement 
        officer in the line of duty sent through the network.
            (3) Blue alert plan.--The term ``Blue Alert plan'' means 
        the plan of a State, unit of local government, or Federal 
        agency participating in the network for the dissemination of 
        information received as a Blue Alert.
            (4) Law enforcement officer.--The term ``law enforcement 
        officer'' shall have the same meaning as in section 1204 of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3796b(6)).
            (5) Network.--The term ``network'' means the Blue Alert 
        communications network established by the Attorney General 
        under section 3.
            (6) State.--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, and the 
        Commonwealth of the Northern Mariana Islands.

SEC. 3. BLUE ALERT COMMUNICATIONS NETWORK.

    The Attorney General shall establish a national Blue Alert 
communications network within the Department of Justice to issue Blue 
Alerts through the initiation, facilitation, and promotion of Blue 
Alert plans, in coordination with States, units of local government, 
law enforcement agencies, and other appropriate entities.

SEC. 4. BLUE ALERT COORDINATOR; GUIDELINES.

    (a) Coordination Within Department of Justice.--The Attorney 
General shall assign an existing officer of the Department of Justice 
to act as the national coordinator of the Blue Alert communications 
network.
    (b) Duties of the Coordinator.--The Coordinator shall--
            (1) provide assistance to States and units of local 
        government that are using Blue Alert plans;
            (2) establish voluntary guidelines for States and units of 
        local government 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 and the 
                family of the law enforcement officer;
                    (D) guidelines that a Blue Alert should only be 
                issued with respect to a law enforcement officer if--
                            (i) the law enforcement agency involved--
                                    (I) confirms--
                                            (aa) the death or serious 
                                        injury of the law enforcement 
                                        officer; or
                                            (bb) the attack on the law 
                                        enforcement officer and that 
                                        there is an indication of the 
                                        death or serious injury of the 
                                        officer; or
                                    (II) concludes that the law 
                                enforcement officer is missing in the 
                                line of duty;
                            (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 relating to a law 
                        enforcement officer who is seriously injured or 
                        killed in the line of duty should be provided 
                        to the National Crime Information Center 
                        database operated by the Federal Bureau of 
                        Investigation under section 534 of title 28, 
                        United States Code, and any relevant crime 
                        information repository of the State involved;
                            (ii) that a Blue Alert should, to the 
                        maximum extent practicable (as determined by 
                        the Coordinator in consultation with law 
                        enforcement agencies of States and units of 
                        local governments), be limited to the 
                        geographic areas most likely to facilitate the 
                        apprehension of the suspect involved or which 
                        the suspect could reasonably reach, which 
                        should not be limited to State lines;
                            (iii) for law enforcement agencies of 
                        States or units of local government to develop 
                        plans to communicate information to neighboring 
                        States to provide for seamless communication of 
                        a Blue Alert; and
                            (iv) providing that a Blue Alert should 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 Blue Alerts through the 
                        network; and
                            (ii) the extent of the dissemination of 
                        alerts issued through the network;
            (3) develop protocols for efforts to apprehend suspects 
        that address activities during the period beginning at the time 
        of the initial notification of a law enforcement agency that a 
        suspect has not been apprehended and ending at the time of 
        apprehension of a suspect or when the law enforcement agency 
        involved determines that the Blue Alert is no longer effective, 
        including protocols regulating--
                    (A) the use of 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 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 a law enforcement 
                        organization representing rank-and-file 
                        officers;
                            (ii) representatives of other law 
                        enforcement agencies and public safety 
                        communications;
                            (iii) broadcasters, first responders, 
                        dispatchers, and radio station personnel; and
                            (iv) representatives of any other 
                        individuals or organizations that the 
                        Coordinator determines are necessary to the 
                        success of the network;
            (6) act as the nationwide point of contact for--
                    (A) the development of the network; and
                    (B) regional coordination of Blue Alerts through 
                the network; and
            (7) determine--
                    (A) what procedures and practices are in use for 
                notifying law enforcement and the public when a law 
                enforcement officer is killed or seriously injured in 
                the line of duty; and
                    (B) which of the procedures and practices are 
                effective and that do not require the expenditure of 
                additional resources to implement.
    (c) Limitations.--
            (1) Voluntary participation.--The guidelines established 
        under subsection (b)(2), protocols developed under subsection 
        (b)(3), and other programs established under subsection (b), 
        shall not be mandatory.
            (2) Dissemination of information.--The guidelines 
        established under subsection (b)(2) shall, to the maximum 
        extent practicable (as determined by the Coordinator in 
        consultation with law enforcement agencies of States and units 
        of local government), provide that appropriate information 
        relating to a Blue Alert is disseminated to the appropriate 
        officials of law enforcement agencies, public health agencies, 
        and other agencies.
            (3) Privacy and civil liberties protections.--The 
        guidelines established under subsection (b) shall--
                    (A) provide mechanisms that ensure that Blue Alerts 
                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 the officers.
    (d) Cooperation With Other Agencies.--The Coordinator shall 
cooperate with the Secretary of Homeland Security, the Secretary of 
Transportation, the Chairman of the Federal Communications Commission, 
and appropriate offices of the Department of Justice in carrying out 
activities under this Act.
    (e) Restrictions on Coordinator.--The Coordinator may not--
            (1) perform any official travel for the sole purpose of 
        carrying out the duties of the Coordinator;
            (2) lobby any officer of a State regarding the funding or 
        implementation of a Blue Alert plan; or
            (3) host a conference focused solely on the Blue Alert 
        program that requires the expenditure of Federal funds.
    (f) Reports.--Not later than 1 year after the date of 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 that are in effect or 
being developed.

SEC. 5. GRANT PROGRAM FOR SUPPORT OF BLUE ALERT PLANS.

    Section 1701(b) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796dd(b)) is amended--
            (1) in paragraph (16), by striking ``and'' at the end;
            (2) by redesignating paragraph (17) as paragraph (18); and
            (3) by inserting after paragraph (16) the following:
            ``(17) to assist a State in the development or enhancement 
        of programs and activities in support of a Blue Alert plan and 
        the network (as those terms are defined in section 2 of the 
        National Blue Alert Act of 2011), including--
                    ``(A) developing and implementing education and 
                training programs, and associated materials, relating 
                to Blue Alert plans;
                    ``(B) developing and implementing law enforcement 
                programs, and associated equipment, relating to Blue 
                Alert plans; and
                    ``(C) developing and implementing new technologies 
                to improve the communication of Blue Alerts; and.''.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    Section 1001(a)(11) of the Omnibus Crime Control and Safe Streets 
Act of 1968 is amended by adding at the end the following:
                    ``(C)(i) Of amounts authorized to be appropriated 
                to carry out part Q in any fiscal year, $10,000,000 is 
                authorized to be appropriated for grants for the 
                purposes described in section 1701(b)(17).
                    ``(ii) Amounts appropriated pursuant to clause (i) 
                shall remain available until expended.''.
                                                       Calendar No. 160

112th CONGRESS

  1st Session

                                 S. 657

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 8, 2011

                       Reported with an amendment