[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5075 Engrossed Amendment Senate (EAS)]

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                  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