[Congressional Record Volume 164, Number 201 (Thursday, December 20, 2018)]
[House]
[Pages H10393-H10395]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1200
                       ASHANTI ALERT ACT OF 2018

  Mr. COLLINS of Georgia. Mr. Speaker, I move to suspend the rules and 
concur in the Senate amendment to the bill (H.R. 5075) to encourage, 
enhance, and integrate Ashanti Alert plans throughout the United 
States, and for other purposes.
  The Clerk read the title of the bill.
  The text of the Senate amendment is as follows:
  Senate amendment:

       Strike all after the enacting clause and insert the 
     following:

     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

[[Page H10394]]

     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.''.

[[Page H10395]]

  


     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''.
  The SPEAKER pro tempore (Mr. Rogers of Kentucky). Pursuant to the 
rule, the gentleman from Georgia (Mr. Collins) and the gentlewoman from 
Texas (Ms. Jackson Lee) each will control 20 minutes.
  The Chair recognizes the gentleman from Georgia.


                             General Leave

  Mr. COLLINS of Georgia. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days within which 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 Georgia?
  There was no objection.
  Mr. COLLINS of Georgia. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I strongly urge my colleagues to support H.R. 5075, the 
Ashanti Alert Act of 2018.
  This bill directs the Department of Justice to establish a national 
communications network, the Ashanti Alert Communications Network, to 
support the regional and local search efforts for missing adults. It 
fills the gap between the AMBER Alert and the Silver Alert.
  Mr. Speaker, I want to thank Congressman Scott Taylor for championing 
this bill.
  Mr. Speaker, I reserve the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, this is H.R. 5075, the Ashanti Alert Act of 2018. I rise 
to support the Senate amendment to H.R. 5075, the Ashanti Alert Act of 
2018.
  This bill seeks to establish a national communications network to 
help locate missing adults by providing assistance to State, Tribal, 
and local search efforts. This bill would initiate, facilitate, and 
promote Ashanti Alert plans in coordination with States, Indian Tribes, 
units of local government, law enforcement agencies, and other 
concerned entities with expertise in providing services to adults.
  I was pleased when we initially passed this bill last September, and 
I am even more pleased with the Senate amendment, and so I rise to 
support this legislation and indicate that 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 that are not 
found until it is too late.
  In particular, the young woman who the bill is named after, Ashanti 
Billie, was too old for the assistance of an AMBER Alert on her behalf 
and too young for a Silver Alert. Had these resources been available 
when Ashanti Billie was abducted, she may be here today.
  Mr. Speaker, I enthusiastically support this legislation, and I yield 
back the balance of my time.
  Mr. COLLINS of Georgia. Mr. Speaker, I urge adoption of H.R. 5075, 
and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Georgia (Mr. Collins) that the House suspend the rules 
and concur in the Senate amendment to the bill, H.R. 5075.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. MASSIE. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________