    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 115-401
    115th Congress

    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. 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).

    [[Page 5337]]

    ``(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 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--

    [[Page 5338]]

    ``(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

    [[Page 5339]]

    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;

    [[Page 5340]]

    ``(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.

    [[Page 5341]]

    ``(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 5342]]

    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''.

    Approved December 31, 2018.

    LEGISLATIVE HISTORY--H.R. 5075:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD, Vol. 164 (2018):
    Sept. 25, considered and passed House.
    Dec. 6, considered and passed Senate, amended.
    Dec. 20, House concurred in Senate amendment.