[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.