[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5075 Introduced in House (IH)]
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115th CONGRESS
2d Session
H. R. 5075
To encourage, enhance, and integrate Ashanti Alert plans throughout the
United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 20, 2018
Mr. Taylor (for himself, Mr. Cicilline, Mr. Raskin, and Mr. Smith of
Texas) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
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. DEFINITIONS.
In this Act:
(1) Missing adult.--The term ``missing adult'' means an
individual who--
(A) is reported to, or identified by, a law
enforcement agency as a missing person; and
(B) meets the requirements to be designated as a
missing adult, as determined by the State in which the
individual is reported or identified as a missing
person.
(2) 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.
(3) Ashanti alert.--The term ``Ashanti Alert'' means an
alert issued through the Ashanti Alert communications network,
related to a missing adult.
SEC. 3. ASHANTI ALERT COMMUNICATIONS NETWORK.
(a) In General.--The Attorney General shall, subject to the
availability of appropriations, establish a national communications
network, to be known as the Ashanti Alert communications network,
within 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 (referred
to in this Act as ``Ashanti Alert plans''), in coordination with
States, units of local government, law enforcement agencies, and other
concerned entities with expertise in providing services to adults.
(b) Coordination With Amber Alert Network.--In establishing the
Ashanti Alert communications network under subsection (a), the Attorney
General shall ensure that, when feasible, the Ashanti Alert
communications network is able to operate in coordination with the
AMBER Alert communications network, established under subtitle A of
title III of the PROTECT Act (42 U.S.C. 5791 et seq.), to maximize the
efficiency of both networks.
SEC. 4. ASHANTI ALERT COORDINATOR.
(a) National Coordinator Within Department of Justice.--The
Attorney General shall designate an individual of the Department of
Justice to act as the national coordinator of the Ashanti Alert
communications network. The individual so designated shall be known as
the Ashanti Alert Coordinator of the Department of Justice (referred to
in this Act as the ``Coordinator'').
(b) Duties of the Coordinator.--In acting as the national
coordinator of the Ashanti Alert communications network, the
Coordinator shall--
(1) work with States to encourage the development of
additional Ashanti Alert plans in the network;
(2) establish voluntary guidelines for States 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 such 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, 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, and autonomy 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; and
(E) 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 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, 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 in carrying out activities under this Act.
(2) State and local coordination.--The Coordinator shall
consult with local broadcasters and State and local law
enforcement agencies in establishing minimum standards under
section 5 and in carrying out other activities under this Act,
as appropriate.
(d) Annual Reports.--Not later than one 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 Ashanti Alert plans of each State
that has established or is in the process of establishing such a plan.
Each such report shall include--
(1) a list of States that have established Ashanti Alert
plans;
(2) a list of States that are in the process of
establishing Ashanti Alert plans;
(3) for each State that has established such a plan, to the
extent the data is available--
(A) the number of Ashanti Alerts issued;
(B) the number of individuals located successfully;
(C) the average period of time between the issuance
of an Ashanti Alert and the location of the individual
for whom such Alert was issued;
(D) the State agency or authority issuing Ashanti
Alerts, and the process by which Ashanti Alerts are
disseminated;
(E) the cost of establishing and operating such a
plan;
(F) the criteria used by the State to determine
whether to issue an Ashanti Alert; and
(G) the extent to which missing individuals for
whom Ashanti Alerts were issued crossed State lines;
(4) actions States have taken to protect the privacy and
dignity of the individuals for whom Ashanti Alerts are issued;
(5) ways that States have facilitated and improved
communication about missing individuals between families,
caregivers, law enforcement officials, and other authorities;
and
(6) any other information the Coordinator determines to be
appropriate.
SEC. 5. 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 network.
(b) Limitations.--
(1) Voluntary participation.--The minimum standards
established under subsection (a) of this section, and any other
guidelines and programs established under section 4, shall be
adoptable on a voluntary basis only.
(2) Dissemination of information.--The minimum standards
shall, to the maximum extent practicable (as determined by the
Coordinator in consultation with State and local law
enforcement agencies), provide that appropriate information
relating to the special needs of a missing adult (including
health care needs) are disseminated to the appropriate law
enforcement, public health, and other public officials.
(3) Geographic areas.--The minimum standards shall, to the
maximum extent practicable (as determined by the Coordinator in
consultation with State and local law enforcement agencies),
provide that the dissemination of an alert through the Ashanti
Alert communications network be limited to the geographic areas
which the missing adult could reasonably reach, considering the
missing adult's circumstances and physical and mental
condition, the modes of transportation available to the missing
adult, and the circumstances of the disappearance.
(4) Age requirements.--The minimum standards shall not
include any specific age requirement for an individual to be
classified as a missing adult for purposes of the Ashanti Alert
communications network. Age requirements for determinations of
whether an individual is a missing adult shall be determined by
each State, and may vary from State to State.
(5) Privacy and civil liberties protections.--The minimum
standards shall--
(A) ensure that alerts issued through the Ashanti
Alert communications network 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 and sensitive
medical information of missing adults.
(6) State and local voluntary coordination.--In carrying
out the activities under subsection (a), the Coordinator may
not interfere with the current system of voluntary coordination
between local broadcasters and State and local law enforcement
agencies for purposes of the Ashanti Alert communications
network.
SEC. 6. TRAINING AND OTHER RESOURCES.
(a) Training and Educational Programs.--The Coordinator shall make
available to States, 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
shall be updated regularly to encourage the use of new tools,
technologies, and resources in Ashanti Alert plans; and
(2) informational materials, including brochures, videos,
posters, and web sites to support and supplement such training
and educational programs.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR THE ASHANTI ALERT
COMMUNICATIONS NETWORK.
There are authorized to be appropriated to the Attorney General
$500,000 to carry out the Ashanti Alert communications network as
authorized under this Act.
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