[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5075 Engrossed Amendment Senate (EAS)]
<DOC>
In the Senate of the United States,
December 6, 2018.
Resolved, That the bill from the House of Representatives (H.R.
5075) entitled ``An Act to encourage, enhance, and integrate Ashanti
Alert plans throughout the United States, and for other purposes.'', do
pass with the following
AMENDMENT:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ashanti Alert Act of 2018''.
SEC. 2. ESTABLISHMENT OF ASHANTI ALERT COMMUNICATIONS NETWORK.
Kristen's Act (Public Law 106-468; 114 Stat. 2027) is amended--
(1) by inserting before section 2 (34 U.S.C. 40504) the
following:
``TITLE I--GRANTS'';
(2) by redesignating sections 2 (34 U.S.C. 40504) and 3 (34
U.S.C. 40504 note) as sections 101 and 102, respectively;
(3) in section 101(b), as so redesignated, by striking
``this Act'' and inserting ``this title'';
(4) in section 102, as so redesignated, by striking ``this
Act'' and inserting ``this title''; and
(5) by adding at the end the following:
``TITLE II--ASHANTI ALERT COMMUNICATIONS NETWORK
``SEC. 201. DEFINITIONS.
``In this title:
``(1) AMBER alert communications network.--The term `AMBER
Alert communications network' means the AMBER Alert
communications network established under subtitle A of title
III of the PROTECT Act (34 U.S.C. 20501 et seq.).
``(2) Ashanti alert.--The term `Ashanti Alert' means an
alert issued through the Ashanti Alert communications network,
related to a missing adult.
``(3) Ashanti alert communications network.--The term
`Ashanti Alert communications network' means the national
communications network established by the Attorney General
under section 202(a).
``(4) Ashanti alert coordinator of the department of
justice; coordinator.--The term `Ashanti Alert Coordinator of
the Department of Justice' or `Coordinator' means the employee
designated by the Attorney General to act as the national
coordinator of the Ashanti Alert communications network under
section 203(a).
``(5) Ashanti alert plan.--The term `Ashanti Alert plan'
means a local element of the Ashanti Alert communications
network.
``(6) Indian tribe.--The term `Indian Tribe' means a
federally recognized Indian Tribe or a Native village, Regional
Corporation, or Village Corporation (as those terms are defined
in section 3 of the Alaska Native Claims Settlement Act (43
U.S.C. 1602)).
``(7) Missing adult.--The term `missing adult' means an
individual who--
``(A) is older than the age for which an alert may
be issued through the AMBER Alert communications
network in the State or territory of an Indian Tribe in
which the individual is identified as a missing
individual;
``(B) is identified by a law enforcement agency as
a missing individual; and
``(C) meets the requirements to be designated as a
missing adult, as determined by the State in which, or
the Indian Tribe in the territory of which, the
individual is identified as a missing individual.
``(8) 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. 202. ASHANTI ALERT COMMUNICATIONS NETWORK.
``(a) In General.--The Attorney General shall, subject to the
availability of appropriations, establish a national communications
network within the Office of Justice Programs of the Department of
Justice to provide assistance to regional and local search efforts for
missing adults through the initiation, facilitation, and promotion of
local elements of the network, in coordination with States, Indian
Tribes, units of local government, law enforcement agencies, and other
concerned entities with expertise in providing services to adults.
``(b) Integration With Existing Communications Network.--In
establishing the Ashanti Alert communications network under subsection
(a), the Attorney General shall coordinate, when advisable, with
missing person alert systems in existence as of the date of enactment
of this title, such as the AMBER Alert communications network and
Silver Alert communications networks.
``SEC. 203. ASHANTI ALERT COORDINATOR.
``(a) National Coordinator Within Department of Justice.--The
Attorney General shall designate an employee of the Office of Justice
Programs of the Department of Justice to act as the national
coordinator of the Ashanti Alert communications network.
``(b) Duties of the Coordinator.--In acting as the national
coordinator of the Ashanti Alert communications network, the
Coordinator shall--
``(1) work with States and Indian Tribes to encourage the
development of additional Ashanti Alert plans in the network;
``(2) establish voluntary guidelines for States and Indian
Tribes to use in developing Ashanti Alert plans that will
promote compatible and integrated Ashanti Alert plans
throughout the United States, including--
``(A) a list of the resources necessary to
establish an Ashanti Alert plan;
``(B) criteria for evaluating whether a situation
warrants issuing an Ashanti Alert, taking into
consideration the need for the use of Ashanti Alerts to
be limited in scope because the effectiveness of the
Ashanti Alert communications network may be affected by
overuse, including criteria to determine--
``(i) whether the mental capacity of an
adult who is missing, and the circumstances of
his or her disappearance, including any history
of domestic violence, sexual assault, child
abuse, or human trafficking, warrant the
issuance of an Ashanti Alert; and
``(ii) whether the individual who reports
that an adult is missing is an appropriate and
credible source on which to base the issuance
of an Ashanti Alert;
``(C) a description of the appropriate uses of the
Ashanti Alert name to readily identify the nature of
search efforts for missing adults; and
``(D) recommendations on how to protect the
privacy, dignity, independence, autonomy, and safety of
any missing adult who may be the subject of an Ashanti
Alert;
``(3) develop proposed protocols for efforts to recover
missing adults and to reduce the number of adults who are
reported missing, including protocols for procedures that are
needed from the time of initial notification of a law
enforcement agency that the adult is missing through the time
of the return of the adult to family, guardian, or domicile, as
appropriate, including--
``(A) public safety communications protocol;
``(B) case management protocol;
``(C) command center operations;
``(D) reunification protocol;
``(E) incident review, evaluation, debriefing, and
public information procedures; and
``(F) protocols for declining to issue an Ashanti
Alert;
``(4) work with States and Indian Tribes to ensure
appropriate regional coordination of various elements of the
network;
``(5) establish an advisory group to assist States, Indian
Tribes, units of local government, law enforcement agencies,
and other entities involved in the Ashanti Alert communications
network with initiating, facilitating, and promoting Ashanti
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 adult citizen
advocacy groups, law enforcement agencies,
victim service providers (as defined in section
40002(a) of the Violence Against Women Act of
1994 (34 U.S.C. 12291(a)), 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 Ashanti 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 for missing
adults through the network.
``(c) Coordination.--
``(1) Coordination with other agencies.--The Coordinator
shall coordinate and consult with the Secretary of
Transportation, the Federal Communications Commission, the
Assistant Secretary for Aging of the Department of Health and
Human Services, and other appropriate offices of the Department
of Justice, including the Office on Violence Against Women, in
carrying out activities under this title.
``(2) State, tribal, and local coordination.--The
Coordinator shall consult with local broadcasters and State,
Tribal, and local law enforcement agencies in establishing
minimum standards under section 204 and in carrying out other
activities under this title, as appropriate.
``(d) Annual Reports.--
``(1) In general.--Not later than 1 year after the date of
enactment of this title, and annually thereafter, the
Coordinator shall submit to Congress a report on--
``(A) the activities of the Coordinator; and
``(B) the effectiveness and status of the Ashanti
Alert plan of each State or Indian Tribe that has
established or is in the process of establishing such a
plan.
``(2) Contents.--Each report under paragraph (1) shall
include--
``(A) a list of each State or Indian Tribe that has
established an Ashanti Alert plan;
``(B) a list of each State or Indian Tribe that is
in the process of establishing an Ashanti Alert plan;
``(C) for each State or Indian Tribe that has
established an Ashanti Alert plan, to the extent the
data is available--
``(i) the number of Ashanti Alerts issued;
``(ii) the number of missing adults located
successfully;
``(iii) the average period of time between
the issuance of an Ashanti Alert and the
location of the missing adult for whom the
Alert was issued;
``(iv) the State or Tribal agency or
authority issuing Ashanti Alerts, and the
process by which Ashanti Alerts are
disseminated;
``(v) the cost of establishing and
operating the Ashanti Alert plan;
``(vi) the criteria used by the State or
Indian Tribe to determine whether to issue an
Ashanti Alert; and
``(vii) the extent to which missing adults
for whom Ashanti Alerts were issued crossed
State lines or territorial borders of an Indian
Tribe;
``(D) actions States and Indian Tribes have taken
to protect the privacy and dignity of the missing
adults for whom Ashanti Alerts are issued;
``(E) ways that States and Indian Tribes have
facilitated and improved communication about missing
adults between families, caregivers, law enforcement
officials, and other authorities; and
``(F) any other information the Coordinator
determines to be appropriate.
``SEC. 204. MINIMUM STANDARDS FOR ISSUANCE AND DISSEMINATION OF ALERTS
THROUGH ASHANTI ALERT COMMUNICATIONS NETWORK.
``(a) Establishment of Minimum Standards.--Subject to subsection
(b), the Coordinator shall establish minimum standards for--
``(1) the issuance of alerts through the Ashanti Alert
communications network; and
``(2) the extent of the dissemination of alerts issued
through the Ashanti Alert communications network.
``(b) Limitations.--
``(1) Dissemination of information.--The minimum standards
established under subsection (a) shall, to the maximum extent
practicable (as determined by the Coordinator in consultation
with State, Tribal, and local law enforcement agencies),
provide for the dissemination of appropriate information
relating to the special needs of a missing adult (including
health care needs) to the appropriate law enforcement, public
health, and other public officials.
``(2) Geographic areas.--The minimum standards established
under subsection (a) shall, to the maximum extent practicable
(as determined by the Coordinator in consultation with State,
Tribal, and local law enforcement agencies), provide that the
dissemination of an alert through the Ashanti Alert
communications network shall be limited to the geographic areas
that the missing adult could reasonably reach, considering--
``(A) the circumstances and physical and mental
condition of the missing adult;
``(B) the modes of transportation available to the
missing adult; and
``(C) the circumstances of the disappearance.
``(3) Other requirements.--The minimum standards
established under subsection (a) shall require that, in order
for an Ashanti Alert to be issued for a missing adult, the
missing adult--
``(A) suffers from a proven mental or physical
disability, as documented by a source determined
credible by an appropriate law enforcement agency; or
``(B) be missing under circumstances that indicate,
as determined by an appropriate law enforcement
agency--
``(i) that the physical safety of the
missing adult may be endangered; or
``(ii) that the disappearance of the
missing adult may not have been voluntary,
including an abduction or kidnapping.
``(4) Safety, privacy, and civil liberties protections.--
The minimum standards established under subsection (a) shall--
``(A) ensure that alerts issued through the Ashanti
Alert communications network comply with all applicable
Federal, State, Tribal, and local privacy laws and
regulations;
``(B) include standards that specifically provide
for the protection of the civil liberties and sensitive
medical information of missing adults; and
``(C) include standards requiring, as appropriate,
a review of relevant court records, prior contacts with
law enforcement, and other information relevant to the
missing adult or the individual reporting, in order to
provide protections against domestic violence.
``(5) State, tribal, and local voluntary coordination.--In
establishing minimum standards under subsection (a), the
Coordinator may not interfere with the system of voluntary
coordination between local broadcasters and State, Tribal, and
local law enforcement agencies for purposes of regional and
local search efforts for missing adults that was in effect on
the day before the date of enactment of this title.
``SEC. 205. VOLUNTARY PARTICIPATION.
``The minimum standards established under section 204(a), and any
other guidelines and programs established under section 203, shall be
adoptable on a voluntary basis only.
``SEC. 206. TRAINING AND EDUCATIONAL PROGRAMS.
``The Coordinator shall make available to States, Indian Tribes,
units of local government, law enforcement agencies, and other
concerned entities that are involved in initiating, facilitating, or
promoting Ashanti Alert plans, including broadcasters, first
responders, dispatchers, public safety communications personnel, and
radio station personnel--
``(1) training and educational programs related to the
Ashanti Alert communications network and the capabilities,
limitations, and anticipated behaviors of missing adults, which
the Coordinator shall update regularly to encourage the use of
new tools, technologies, and resources in Ashanti Alert plans;
and
``(2) informational materials, including brochures, videos,
posters, and websites to support and supplement the training
and educational programs described in paragraph (1).
``SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to the Attorney General
$3,000,000 to carry out the Ashanti Alert communications network as
authorized under this title for each of fiscal years 2019 through
2022.''.
SEC. 3. EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE.
Section 609Y(a) of the Justice Assistance Act of 1984 (34 U.S.C.
50112(a)) is amended by striking ``September 30, 2021'' and inserting
``September 30, 2022''.
Attest:
Secretary.
115th CONGRESS
2d Session
H.R. 5075
_______________________________________________________________________
AMENDMENT