[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5075 Enrolled Bill (ENR)]
H.R.5075
One Hundred Fifteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen
An Act
To encourage, enhance, and integrate Ashanti Alert plans throughout the
United States, and for other purposes.
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 ``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''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.