[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.
____________________