[115th Congress Public Law 401]
[From the U.S. Government Publishing Office]
[[Page 5335]]
ASHANTI ALERT ACT OF 2018
[[Page 132 STAT. 5336]]
Public Law 115-401
115th Congress
An Act
To encourage, enhance, and integrate Ashanti Alert plans throughout the
United States, and for other purposes. <<NOTE: Dec. 31, 2018 - [H.R.
5075]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Ashanti Alert
Act of 2018. 34 USC 10101 note.>>
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. <<NOTE: 34 USC 21901.>> 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 132 STAT. 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. <<NOTE: Coordination. 34 USC 21902.>> 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. <<NOTE: 34 USC 21903.>> ASHANTI ALERT COORDINATOR.
``(a) National Coordinator Within Department of Justice.--The
Attorney General <<NOTE: Designation.>> 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 132 STAT. 5338]]
``(1) work with States and Indian Tribes to encourage the
development of additional Ashanti Alert plans in the network;
``(2) <<NOTE: Guidelines.>> 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) <<NOTE: Lists.>> a list of the resources
necessary to establish an Ashanti Alert plan;
``(B) <<NOTE: Criteria.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Protocols. Procedures.>> 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) <<NOTE: Coordination.>> 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 132 STAT. 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) <<NOTE: Consultation.>> 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) <<NOTE: Lists.>> a list of each State or
Indian Tribe that has established an Ashanti Alert plan;
``(B) <<NOTE: Lists.>> 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 132 STAT. 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. <<NOTE: 34 USC 21904.>> 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) <<NOTE: Determination. Consultation.>> 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) <<NOTE: Determination. Consultation.>> 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 132 STAT. 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. <<NOTE: 34 USC 21905.>> 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. <<NOTE: 34 USC 21906.>> 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. <<NOTE: 34 USC 21907.>> 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 132 STAT. 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:
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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.
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