[Congressional Record Volume 164, Number 158 (Tuesday, September 25, 2018)]
[House]
[Pages H8817-H8820]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ASHANTI ALERT ACT OF 2018
Mr. CHABOT. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 5075) to encourage, enhance, and integrate Ashanti Alert
plans throughout the United States, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5075
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;
[[Page H8818]]
(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''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Ohio (Mr. Chabot) and the gentlewoman from Texas (Ms. Jackson Lee) each
will control 20 minutes.
The Chair recognizes the gentleman from Ohio.
General Leave
Mr. CHABOT. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous materials on H.R. 5075, currently under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Ohio?
There was no objection.
Mr. CHABOT. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, we will vote today on H.R. 5075, the Ashanti Alert Act
of 2018. This bill establishes a national alert network for missing
adults at the Department of Justice. It will allow law enforcement to
coordinate the use of communication systems to alert the public that an
adult is missing.
In order to issue an alert, the missing adult must either suffer from
a proven mental or physical disability, or law enforcement must certify
the person's physical safety may be in danger, or their disappearance
was not voluntary.
This Ashanti national alert network will be integrated into the
existing Blue Alert system. The Blue Alert system issues alerts to
notify the public of nearby suspects or threats to their community's
law enforcement officials.
This legislation will also allow the Attorney General to designate a
national coordinator to work with States to establish alert systems for
missing adults and to develop voluntary guidelines States may use in
creating their networks.
Mr. Speaker, I want to thank Scott Taylor for introducing this
legislation. We appreciate Mr. Taylor being here today and appreciate
his leadership in this effort.
I ask my colleagues to support this bill, and I reserve the balance
of my time.
Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, let me say to the manager of this bill that I am
delighted to stand with him on this very important legislative
initiative. Having been in this body for a period of time, I am
reminded of the AMBER Alert. I was here when it was initiated and
passed by my friend Martin Frost, who was formerly in this body. And
then I believe a lot of work was done on the Silver Alert by our
colleague Maxine Waters. We all worked together, I remember, on
amendments in the House Judiciary Committee on these very issues.
So I rise in support of H.R. 5075, the Ashanti Alert Act of 2018. It
is a commonsense initiative to realize that whoever is missing, we need
to help find those individuals.
[[Page H8819]]
This bill seeks to establish a national communications network within
the Department of Justice to help locate missing adults by providing
assistance to regional and local search efforts.
For our colleagues, obviously, the AMBER Alert dealt with children,
and the Silver Alert dealt with senior citizens over, I believe, the
age of 65. This bill would initiate, facilitate, and promote 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. These are laudable goals and, as a
Congress, ones which we have a duty to facilitate.
As of December 31, 2017, the National Crime Information Center
database included records of 55,968 missing adults. In my own hometown,
in the last 3 weeks, two adults went missing who were brother and
sister. First, the brother went missing, and there was absolutely no
sign of that individual. The sister went to look for that individual,
and, of course, then they were both missing.
Tragically, we found, ultimately, that a relative had disposed of and
killed both of them. If we had an alert system, maybe we would have
been able to find them sooner.
In fact, many adults go missing each year who are not found until it
is too late. Such was the case after whom this bill was named, Ashanti
Billie.
At 19 years of age, she was abducted from her workplace in Virginia,
taken across State lines, and later found dead in North Carolina.
Ashanti Billie was too old for the issuance of an AMBER Alert on her
behalf and too young for a Silver Alert.
This bill fills in the gap for people like Ashanti Billie, missing
adults between the ages of 18 and 64, and it does so in coordination
with the Blue Alert communications network, which Congress established.
The Blue Alert establishes a nationwide network of Blue Alerts to warn
about threats to police officers and help track down the suspects who
carry them out.
While drawing on the Blue Alert Network, the Ashanti Alert Act
requires implementing jurisdictions to the established plans and
includes minimum standards and resources that help in this case. Had
these resources been available when Ashanti was abducted, she may still
be here with us today.
For these reasons, I support this legislation, and I reserve the
balance of my time.
Mr. CHABOT. Mr. Speaker, I yield such time as he may consume to the
gentleman from Virginia (Mr. Taylor).
Mr. TAYLOR. Mr. Speaker, I rise today in support of my bill, H.R.
5075, the Ashanti Alert Act, named for Ashanti Billie, who was
tragically taken from this world too soon last September at the hands
of a violent criminal. And so now we have undertaken this action with
this bill, a bipartisan one, because this is not a partisan issue.
The United States does not currently have an alert system for missing
adults. If a child or a senior citizen goes missing, law enforcement is
authorized to broadcast alerts on major channels or radio stations, and
participating citizens share alerts across social media platforms,
bringing much-needed attention and resources to bear. But still, no
such alert exists for missing adults ages 18 to 65.
History shows that programs like the AMBER Alert are successful and
help save lives. In 2016 alone, there were 179 AMBER Alerts issued in
the United States. Over 85 of those cases resulted in recovery, and 43
of them were the direct result of an AMBER Alert. These programs are
proven to work, and with the Ashanti Alert, we can close the gap,
better protect our family, friends, and neighbors, and save lives with
a legacy given to us by Ashanti Billie's sacrifice.
Like other alert systems, the Ashanti Alert lets law enforcement use
the tools at their disposal to broadcast information about missing
adults on such things as TV, radio, and social media. It also sets a
minimum standard for issuing alerts: one, the person suffers from a
proven mental or physical disability; two, if law enforcement believes
their physical safety is in danger; or three, if they believe their
disappearance may not have been voluntary.
The Ashanti Alert also integrates with the Blue Alert Network instead
of AMBER so that information about missing adults and children are kept
separate. This ensures that law enforcement efforts are not duplicated,
which could mean the difference between locating a person and saving
them.
The Commonwealth of Virginia, has already taken steps to address this
issue. Last April, the Governor signed a bill into law in honor of
Ashanti that establishes a statewide alert system for missing adults.
But in order to save lives, the search for missing adults cannot end at
a State line.
Indeed, according to the FBI's National Crime Information Center,
there are still over 55,000 missing adults in this country. This is a
national challenge, and it most definitely demands a national response.
Mr. Speaker, Ashanti Billie was a beautiful, young Black woman with a
beaming smile. She was a hard worker. She would wake up before sunrise
and head to the naval base and start her job. At night, she attended
culinary classes at the Virginia Beach Art Institute. She had hopes and
dreams and aspirations, and she was passionate about life and brought
that positive energy to everyone who met her.
Mr. Speaker, 1 year ago today, early in the morning, I met with local
constituents, Kimberly Wimbush and Michael Muhammad; the Billie
family--parents, Tony and Brandy; and Dyotha Sweat from the NAACP.
Being military veterans themselves, the Billie family didn't understand
how this could happen. They were confused and very much worried.
{time} 1830
Their young daughter, Ashanti, was missing, abducted from the Little
Creek naval base.
Mr. Speaker, I knew right then that fateful morning, in my gut and in
my heart, that this family would soon receive some tragic news. I knew
this family and these friends needed my help. My heart and my team's
hearts were with them.
Mr. Speaker, there are no words, no wishes, or no whispers that can
bring back or ease the Billie family burden. But make no mistake about
it, no amount of darkness can ever keep out a bright light.
I may have met with a shaken family that day, but on this day, they
sit before us today, in this Chamber, strong, determined, and ready to
solidify Ashanti's legacy.
Today's vote on Ashanti's legacy will give law enforcement all across
our great Nation a new tool to bring resources to bear to locate
missing adults who may be in danger, and will, no doubt, save lives.
Mr. Speaker, I encourage my colleagues' support.
Ms. JACKSON LEE. Mr. Speaker, could I inquire if the gentleman has
any further speakers.
Mr. CHABOT. Mr. Speaker, I have no further speakers. It was my
understanding that the gentlewoman would like to participate in a
colloquy.
Ms. JACKSON LEE. Will the gentleman yield?
Mr. CHABOT. I yield to the gentlewoman from Texas.
Ms. JACKSON LEE. Mr. Speaker, I am concerned that H.R. 5075 does not
explicitly include Native American tribes in the missing adult
communications network that the bill would establish. It is my
understanding that this network would be established and implemented by
the same office at the Department of Justice that implements the Blue
Alert system, which includes outreach to tribal partners to educate
them on that network.
I would like to confirm with the chairman that it is the intent of
Congress that this same outreach to tribes be conducted with respect to
the missing adult communications network.
Mr. CHABOT. The gentlewoman is correct. This outreach to tribes shall
be conducted in the same manner as the Blue Alert program, yes.
Ms. JACKSON LEE. I thank the gentleman.
Mr. Speaker, I yield myself the remainder of my time.
Mr. Speaker, in closing, let me thank the proponent of this
legislation, Mr. Taylor, for a very thoughtful initiative, one that is
needed. It is tragic when we lose our constituents, but more
importantly, when the families lose their loved ones.
Mr. Speaker, I support this legislation. By coordinating with
existing
[[Page H8820]]
networks, H.R. 5075 will facilitate the establishment of a
communications network for alerts concerning missing adults and have an
impact far beyond what it will take to establish it.
I am heartened by Mr. Chabot's clarification that this bill is
intended to extend to tribal entities and Native American reservations.
This past May, we commemorated the second National Day of Awareness
for Missing and Murdered Native Women and Girls to bring awareness
about how this problem specifically affects Native American
communities. I am hopeful that this bill can help address this very
serious problem, and the overall bill that addresses the need for
families to find their loved ones after the ages of children and before
the ages of senior citizen. We can always do more to help local missing
adults and to save them. There are families in my district right now
who are suffering from the loss of their brother or sister.
Mr. Speaker, I rise in support of H.R. 5075, the ``Ashanti Alert Act
of 2018.''
This bill seeks to establish a national communications network within
the Department of Justice to help locate missing adults by providing
assistance to regional and local search efforts. The bill would
initiate, facilitate, and promote 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.
These are laudable goals and, as a Congress, ones which we have a
duty to facilitate. As of December 31, 2017, the National Crime
Information Center database included records of 55,968 missing adults.
In fact, many adults go missing each year who are not found--until it
is too late.
Such was the case of the young woman after whom this bill is named--
Ashanti Billie. At 19 years of age, she was abducted from her workplace
in Virginia, taken across state lines, and later found dead in North
Carolina. Ashanti Billie was too old for the issuance of an Amber Alert
on her behalf, and too young for a Silver Alert.
The Ashanti Alert Act seeks to fill in the gap for people like
Ashanti Billie--missing adults between the ages of 18 and 64. And it
does so in coordination with the Blue Alert Communications Network,
which Congress established in 2015, under the Blue Alert Act. The Blue
Alert Act established a nationwide network of ``blue alerts'' to warn
about threats to police officers and help track down the suspects who
carry them out.
While drawing on the Blue Alert network, the Ashanti Alert Act
requires implementing jurisdictions to establish plans that include
minimum standards to ensure that resources are used adequately,
accurately and efficiently. Had these resources been available when
Ashanti Billie was abducted, she may still be here today.
For all these reasons, I enthusiastically support this legislation
and encourage my colleagues to support it.
Mr. Speaker, I support this legislation. By coordinating with
existing networks, H.R. 5075 will facilitate the establishment of a
communications network for alerts concerning missing adults and have an
impact far beyond what it will take to establish it.
And I am heartened by Mr. Goodlatte's clarification that this bill is
intended to extend to tribal entities and Native American reservations.
This past May, we commemorated the second National Day of Awareness
for Missing and Murdered Native Women and Girls--to bring awareness
about how this problem specifically affects Native American
communities. I am hopeful that this bill can help address this very
serious problem.
We can always do more to help locate missing adults and to save
lives.
Mr. Speaker, I urge my colleagues to support the Ashanti Alert Act of
2018, and I yield back the balance of my time.
Mr. CHABOT. Mr. Speaker, I yield myself the remainder of my time.
Mr. Speaker, in closing, on behalf of all Members of the House, I
would like to offer my condolences to the family of Ashanti.
Mr. Speaker, I thank Mr. Taylor for his leadership in proposing this
very important legislation. Hopefully, other people will benefit from
its passage.
Mr. Speaker, I urge all my colleagues on both sides of the aisle to
support it, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Ohio (Mr. Chabot) that the House suspend the rules and
pass the bill, H.R. 5075, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________