[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5075 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  2d Session
                                H. R. 5075


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 26, 2018

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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. DEFINITIONS.

    In this Act:
            (1) Missing adult.--The term ``missing adult'' means an 
        individual who--
                    (A) is older than the age for which an AMBER alert 
                may be issued in the State in which the individual is 
                identified as a missing person;
                    (B) is identified by a law enforcement agency as a 
                missing person; and
                    (C) meets the requirements to be designated as a 
                missing adult, as determined by the State in which the 
                individual is 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) Integration With Blue Alert Communications Network.--In 
establishing the Ashanti Alert communications network under subsection 
(a), the Attorney General shall integrate the Ashanti Alert 
communications network into the Blue Alert communications network 
established under the Rafael Ramos and Wenjian Liu National Blue Alert 
Act of 2015 (34 U.S.C. 50501 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) Other requirements.--The minimum standards shall 
        include requirements that the missing person--
                    (A) suffers from a proven mental or physical 
                disability, as documented by a source determined 
                credible to an appropriate law enforcement entity; or
                    (B) is missing under circumstances that indicate, 
                as determined by an appropriate law enforcement 
                entity--
                            (i) that the person's physical safety may 
                        be endangered; or
                            (ii) that the person's disappearance may 
                        not have been voluntary, including an abduction 
                        or kidnapping.
            (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 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.

    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 Act for each of fiscal years 2019 through 2022.

SEC. 8. 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''.

            Passed the House of Representatives September 25, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.