[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2211 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 2211

  To establish a national endangered missing advisory communications 
                    network, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 7, 2017

 Mr. Manchin (for himself, Mr. Casey, Mr. Cornyn, Mr. Blumenthal, Mr. 
Tillis, and Ms. Collins) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To establish a national endangered missing advisory communications 
                    network, 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 ``Skylar's Law''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Coordinator.--The term ``Coordinator'' means the EMA 
        Network Coordinator designated under section 4(a).
            (2) EMA network.--The term ``EMA Network'' means the 
        national endangered missing advisory communications network 
        established under subsection (a).
            (3) Missing individual.--The term ``missing individual'' 
        refers to any individual who--
                    (A) is reported to, or identified by, a law 
                enforcement agency as a missing person; and
                    (B) may be in danger of death or serious bodily 
                injury.
            (4) State.--The term ``State'' means each of the 50 States, 
        the District of Columbia, each Indian tribe (as defined in 
        section 4(e) of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 5304(e))), the Commonwealth of Puerto 
        Rico, the United States Virgin Islands, Guam, American Samoa, 
        and the Commonwealth of the Northern Mariana Islands.

SEC. 3. NATIONAL ENDANGERED MISSING ADVISORY COMMUNICATIONS NETWORK.

    (a) In General.--The Attorney General shall, subject to the 
availability of appropriations, establish a national endangered missing 
advisory communications network within the Department of Justice to 
provide assistance to regional and local search efforts for missing 
individuals through the initiation, facilitation, and promotion of 
local elements of the network (known as ``EMA plans'') in coordination 
with States, units of local government, law enforcement agencies, and 
other concerned entities with expertise in providing services to 
families of missing individuals.
    (b) Coordination With AMBER Alert Network.--In establishing the EMA 
Network under subsection (a), the Attorney General shall ensure that, 
when feasible, the EMA Network is able to operate in coordination with 
the AMBER Alert communications network, established under subtitle A of 
title III of the PROTECT Act (34 U.S.C. 20501 et seq.), to maximize the 
efficiency of both networks.

SEC. 4. EMA NETWORK 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 EMA Network. The 
individual so designated shall be known as the EMA Network Coordinator 
of the Department of Justice.
    (b) Duties of the Coordinator.--In acting as the national 
coordinator of the EMA Network, the Coordinator shall--
            (1) work with States to encourage the development of 
        additional EMA plans in the network;
            (2) establish voluntary guidelines for States to use in 
        developing EMA plans that will promote compatible and 
        integrated EMA plans throughout the United States, including--
                    (A) a list of the resources necessary to establish 
                an EMA plan;
                    (B) criteria for evaluating whether a situation 
                warrants issuing an endangered missing advisory, taking 
                into consideration both the need for immediate 
                community notification and the need for the use of such 
                advisories to be limited in scope because the 
                effectiveness of the EMA Network may be affected by 
                overuse, including criteria to determine--
                            (i) whether the circumstances surrounding 
                        the disappearance of an individual warrant the 
                        issuance of an endangered missing advisory; and
                            (ii) whether the individual who reports 
                        that an individual is missing is an appropriate 
                        and credible source on which to base the 
                        issuance of an endangered missing advisory;
                    (C) a description of the appropriate uses of the 
                EMA Network name to readily identify the nature of 
                search efforts for missing individuals; and
                    (D) recommendations on how to protect the privacy, 
                dignity, independence, and autonomy of any missing 
                individual who may be the subject of an endangered 
                missing advisory;
            (3) work with States to ensure appropriate regional 
        coordination of various elements of the network;
            (4) establish an advisory group to assist States, units of 
        local government, law enforcement agencies, and other entities 
        involved in the EMA Network with initiating, facilitating, and 
        promoting EMA 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 missing individual 
                        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 EMA Network; and
            (5) act as the nationwide point of contact for--
                    (A) the development of the network; and
                    (B) regional coordination of alerts for missing 
                individuals 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, 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.--
            (1) In general.--Not later than 2 years 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 EMA plans 
        of each State that has established or is in the process of 
        establishing EMA plans.
            (2) Contents.--Each report submitted under paragraph (2) 
        shall include--
                    (A) a list of States that have established EMA 
                plans;
                    (B) a list of States that are in the process of 
                establishing EMA plans;
                    (C) for each State that has established EMA plans, 
                to the extent the data is available--
                            (i) the number of endangered missing 
                        advisories issued;
                            (ii) the number of individuals located 
                        successfully;
                            (iii) the average period of time between 
                        the issuance of an endangered missing advisory 
                        and the location of the individual for whom 
                        such advisory was issued;
                            (iv) the State agency or authority issuing 
                        endangered missing advisories, and the process 
                        by which endangered missing advisories are 
                        disseminated;
                            (v) the cost of establishing and operating 
                        such EMA plans;
                            (vi) the criteria used by the State to 
                        determine whether to issue an endangered 
                        missing advisory; and
                            (vii) the extent to which missing 
                        individuals for whom endangered missing 
                        advisories were issued crossed State lines;
                    (D) actions States have taken to protect the 
                privacy and dignity of the individuals for whom 
                endangered missing advisories are issued;
                    (E) ways that States have facilitated and improved 
                communication about missing individuals between 
                families, caregivers, law enforcement officials, and 
                other authorities; and
                    (F) any other information the Coordinator 
                determines to be appropriate.

SEC. 5. MINIMUM STANDARDS FOR ISSUANCE AND DISSEMINATION OF ALERTS 
              THROUGH EMA NETWORK.

    (a) Establishment of Minimum Standards.--Subject to subsection (b), 
the Coordinator shall establish minimum standards for--
            (1) the issuance of alerts through the EMA Network; and
            (2) the extent of the dissemination of alerts issued 
        through the EMA 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 individual 
        (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 EMA 
        Network be limited to the geographic areas which the missing 
        individual could reasonably reach, considering the missing 
        individual's circumstances and physical and mental condition, 
        the modes of transportation available to the missing 
        individual, 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 individual for purposes of the EMA 
        Network.
            (5) Privacy and civil liberties protections.--The minimum 
        standards shall--
                    (A) ensure that alerts issued through the EMA 
                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 individuals.
            (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 EMA Network.

SEC. 6. TRAINING AND OTHER RESOURCES.

    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 EMA plans, 
including broadcasters, first responders, dispatchers, public safety 
communications personnel, and radio station personnel--
            (1) training and educational programs related to the EMA 
        Network and the capabilities, limitations, and anticipated 
        behaviors of missing individuals, which shall be updated 
        regularly to encourage the use of new tools, technologies, and 
        resources in EMA plans; and
            (2) informational materials, including brochures, videos, 
        posters, and web sites to support and supplement such training 
        and educational programs.

SEC. 7. USE OF AMOUNTS PREVIOUSLY APPROPRIATED.

    This Act shall be carried out using amounts appropriated to the 
Department of Justice to carry out the Missing and Exploited Children 
Program, including amounts appropriated to carry out the Missing 
Children's Assistance Act (34 U.S.C. 11291 et seq.), the PROTECT Act 
(Public Law 108-21; 117 Stat. 650), and the Victims of Child Abuse Act 
of 1990 (34 U.S.C. 20301 et seq.). No additional amounts are authorized 
to be appropriated to carry out this Act.
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