OLL18793 S.L.C.

AMENDMENT NO.llll Calendar No.lll

Purpose: In the nature of a substitute.

IN THE SENATE OF THE UNITED STATES—115th Cong., 2d Sess.

H. R. 5075

To encourage, enhance, and integrate Ashanti Alert plans

throughout the United States, and for other purposes.
Referred to the Committee on llllllllll and
ordered to be printed
Ordered to lie on the table and to be printed
AMENDMENT IN THE NATURE OF A SUBSTITUTE intended
to be proposed by Mr. WARNER
Viz:
1 Strike all after the enacting clause and insert the fol-
2 lowing:
3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Ashanti Alert Act of

5 2018’’.
6 SEC. 2. ESTABLISHMENT OF ASHANTI ALERT COMMUNICA-

7 TIONS NETWORK.

8 Kristen’s Act (Public Law 106–468; 114 Stat. 2027)

9 is amended—
10 (1) by inserting before section 2 (34 U.S.C.
11 40504) the following:
OLL18793 S.L.C.

2
1 ‘‘TITLE I—GRANTS’’;
2 (2) by redesignating sections 2 (34 U.S.C.
3 40504) and 3 (34 U.S.C. 40504 note) as sections
4 101 and 102, respectively;
5 (3) in section 101(b), as so redesignated, by
6 striking ‘‘this Act’’ and inserting ‘‘this title’’;
7 (4) in section 102, as so redesignated, by strik-
8 ing ‘‘this Act’’ and inserting ‘‘this title’’; and
9 (5) by adding at the end the following:
10 ‘‘TITLE II—ASHANTI ALERT
11 COMMUNICATIONS NETWORK
12 ‘‘SEC. 201. DEFINITIONS.

13 ‘‘In this title:

14 ‘‘(1) AMBER ALERT COMMUNICATIONS NET-

15 WORK.—The term ‘AMBER Alert communications

16 network’ means the AMBER Alert communications
17 network established under subtitle A of title III of
18 the PROTECT Act (34 U.S.C. 20501 et seq.).
19 ‘‘(2) ASHANTI ALERT.—The term ‘Ashanti
20 Alert’ means an alert issued through the Ashanti
21 Alert communications network, related to a missing
22 adult.
23 ‘‘(3) ASHANTI ALERT COMMUNICATIONS NET-

24 WORK.—The term ‘Ashanti Alert communications

25 network’ means the national communications net-
OLL18793 S.L.C.

3
1 work established by the Attorney General under sec-
2 tion 202(a).
3 ‘‘(4) ASHANTI ALERT COORDINATOR OF THE

4 DEPARTMENT OF JUSTICE; COORDINATOR.—The

5 term ‘Ashanti Alert Coordinator of the Department

6 of Justice’ or ‘Coordinator’ means the employee des-
7 ignated by the Attorney General to act as the na-
8 tional coordinator of the Ashanti Alert communica-
9 tions network under section 203(a).
10 ‘‘(5) ASHANTI ALERT PLAN.—The term
11 ‘Ashanti Alert plan’ means a local element of the
12 Ashanti Alert communications network.
13 ‘‘(6) INDIAN TRIBE.—The term ‘Indian Tribe’
14 means a federally recognized Indian Tribe or a Na-
15 tive village, Regional Corporation, or Village Cor-
16 poration (as those terms are defined in section 3 of
17 the Alaska Native Claims Settlement Act (43 U.S.C.
18 1602)).
19 ‘‘(7) MISSING ADULT.—The term ‘missing
20 adult’ means an individual who—
21 ‘‘(A) is older than the age for which an
22 alert may be issued through the AMBER Alert
23 communications network in the State or terri-
24 tory of an Indian Tribe in which the individual
25 is identified as a missing individual;
OLL18793 S.L.C.

4
1 ‘‘(B) is identified by a law enforcement
2 agency as a missing individual; and
3 ‘‘(C) meets the requirements to be des-
4 ignated as a missing adult, as determined by
5 the State in which, or the Indian Tribe in the
6 territory of which, the individual is identified as
7 a missing individual.
8 ‘‘(8) STATE.—The term ‘State’ means each of
9 the 50 States, the District of Columbia, the Com-
10 monwealth of Puerto Rico, the United States Virgin
11 Islands, Guam, American Samoa, and the Common-
12 wealth of the Northern Mariana Islands.
13 ‘‘SEC. 202. ASHANTI ALERT COMMUNICATIONS NETWORK.

14 ‘‘(a) IN GENERAL.—The Attorney General shall, sub-

15 ject to the availability of appropriations, establish a na-
16 tional communications network within the Office of Jus-
17 tice Programs of the Department of Justice to provide as-
18 sistance to regional and local search efforts for missing
19 adults through the initiation, facilitation, and promotion
20 of local elements of the network, in coordination with
21 States, Indian Tribes, units of local government, law en-
22 forcement agencies, and other concerned entities with ex-
23 pertise in providing services to adults.
24 ‘‘(b) INTEGRATION WITH EXISTING COMMUNICA-
25 TIONS NETWORK.—In establishing the Ashanti Alert com-
OLL18793 S.L.C.

5
1 munications network under subsection (a), the Attorney
2 General shall coordinate, when advisable, with missing
3 person alert systems in existence as of the date of enact-
4 ment of this title, such as the AMBER Alert communica-
5 tions network and Silver Alert communications networks.
6 ‘‘SEC. 203. ASHANTI ALERT COORDINATOR.

7 ‘‘(a) NATIONAL COORDINATOR WITHIN DEPART-

8 MENT OF JUSTICE.—The Attorney General shall designate
9 an employee of the Office of Justice Programs of the De-
10 partment of Justice to act as the national coordinator of
11 the Ashanti Alert communications network.
12 ‘‘(b) DUTIES OF THE COORDINATOR.—In acting as
13 the national coordinator of the Ashanti Alert communica-
14 tions network, the Coordinator shall—
15 ‘‘(1) work with States and Indian Tribes to en-
16 courage the development of additional Ashanti Alert
17 plans in the network;
18 ‘‘(2) establish voluntary guidelines for States
19 and Indian Tribes to use in developing Ashanti Alert
20 plans that will promote compatible and integrated
21 Ashanti Alert plans throughout the United States,
22 including—
23 ‘‘(A) a list of the resources necessary to es-
24 tablish an Ashanti Alert plan;
OLL18793 S.L.C.

6
1 ‘‘(B) criteria for evaluating whether a situ-
2 ation warrants issuing an Ashanti Alert, taking
3 into consideration the need for the use of
4 Ashanti Alerts to be limited in scope because
5 the effectiveness of the Ashanti Alert commu-
6 nications network may be affected by overuse,
7 including criteria to determine—
8 ‘‘(i) whether the mental capacity of an
9 adult who is missing, and the cir-
10 cumstances of his or her disappearance, in-
11 cluding any history of domestic violence,
12 sexual assault, child abuse, or human traf-
13 ficking, warrant the issuance of an Ashanti
14 Alert; and
15 ‘‘(ii) whether the individual who re-
16 ports that an adult is missing is an appro-
17 priate and credible source on which to base
18 the issuance of an Ashanti Alert;
19 ‘‘(C) a description of the appropriate uses
20 of the Ashanti Alert name to readily identify
21 the nature of search efforts for missing adults;
22 and
23 ‘‘(D) recommendations on how to protect
24 the privacy, dignity, independence, autonomy,
OLL18793 S.L.C.

7
1 and safety of any missing adult who may be the
2 subject of an Ashanti Alert;
3 ‘‘(3) develop proposed protocols for efforts to
4 recover missing adults and to reduce the number of
5 adults who are reported missing, including protocols
6 for procedures that are needed from the time of ini-
7 tial notification of a law enforcement agency that
8 the adult is missing through the time of the return
9 of the adult to family, guardian, or domicile, as ap-
10 propriate, including—
11 ‘‘(A) public safety communications pro-
12 tocol;
13 ‘‘(B) case management protocol;
14 ‘‘(C) command center operations;
15 ‘‘(D) reunification protocol;
16 ‘‘(E) incident review, evaluation, debrief-
17 ing, and public information procedures; and
18 ‘‘(F) protocols for declining to issue an
19 Ashanti Alert;
20 ‘‘(4) work with States and Indian Tribes to en-
21 sure appropriate regional coordination of various ele-
22 ments of the network;
23 ‘‘(5) establish an advisory group to assist
24 States, Indian Tribes, units of local government, law
25 enforcement agencies, and other entities involved in
OLL18793 S.L.C.

8
1 the Ashanti Alert communications network with ini-
2 tiating, facilitating, and promoting Ashanti Alert
3 plans, which shall include—
4 ‘‘(A) to the maximum extent practicable,
5 representation from the various geographic re-
6 gions of the United States; and
7 ‘‘(B) members who are—
8 ‘‘(i) representatives of adult citizen
9 advocacy groups, law enforcement agen-
10 cies, victim service providers (as defined in
11 section 40002(a) of the Violence Against
12 Women Act of 1994 (34 U.S.C. 12291(a)),
13 and public safety communications;
14 ‘‘(ii) broadcasters, first responders,
15 dispatchers, and radio station personnel;
16 and
17 ‘‘(iii) representatives of any other in-
18 dividuals or organizations that the Coordi-
19 nator determines are necessary to the suc-
20 cess of the Ashanti Alert communications
21 network; and
22 ‘‘(6) act as the nationwide point of contact
23 for—
24 ‘‘(A) the development of the network; and
OLL18793 S.L.C.

9
1 ‘‘(B) regional coordination of alerts for
2 missing adults through the network.
3 ‘‘(c) COORDINATION.—
4 ‘‘(1) COORDINATION WITH OTHER AGENCIES.—

5 The Coordinator shall coordinate and consult with

6 the Secretary of Transportation, the Federal Com-
7 munications Commission, the Assistant Secretary for
8 Aging of the Department of Health and Human
9 Services, and other appropriate offices of the De-
10 partment of Justice, including the Office on Violence
11 Against Women, in carrying out activities under this
12 title.
13 ‘‘(2) STATE, TRIBAL, AND LOCAL COORDINA-

14 TION.—The Coordinator shall consult with local

15 broadcasters and State, Tribal, and local law en-
16 forcement agencies in establishing minimum stand-
17 ards under section 204 and in carrying out other ac-
18 tivities under this title, as appropriate.
19 ‘‘(d) ANNUAL REPORTS.—
20 ‘‘(1) IN GENERAL.—Not later than 1 year after
21 the date of enactment of this title, and annually
22 thereafter, the Coordinator shall submit to Congress
23 a report on—
24 ‘‘(A) the activities of the Coordinator; and
OLL18793 S.L.C.

10
1 ‘‘(B) the effectiveness and status of the
2 Ashanti Alert plan of each State or Indian
3 Tribe that has established or is in the process
4 of establishing such a plan.
5 ‘‘(2) CONTENTS.—Each report under para-
6 graph (1) shall include—
7 ‘‘(A) a list of each State or Indian Tribe
8 that has established an Ashanti Alert plan;
9 ‘‘(B) a list of each State or Indian Tribe
10 that is in the process of establishing an Ashanti
11 Alert plan;
12 ‘‘(C) for each State or Indian Tribe that
13 has established an Ashanti Alert plan, to the
14 extent the data is available—
15 ‘‘(i) the number of Ashanti Alerts
16 issued;
17 ‘‘(ii) the number of missing adults lo-
18 cated successfully;
19 ‘‘(iii) the average period of time be-
20 tween the issuance of an Ashanti Alert and
21 the location of the missing adult for whom
22 the Alert was issued;
23 ‘‘(iv) the State or Tribal agency or
24 authority issuing Ashanti Alerts, and the
OLL18793 S.L.C.

11
1 process by which Ashanti Alerts are dis-
2 seminated;
3 ‘‘(v) the cost of establishing and oper-
4 ating the Ashanti Alert plan;
5 ‘‘(vi) the criteria used by the State or
6 Indian Tribe to determine whether to issue
7 an Ashanti Alert; and
8 ‘‘(vii) the extent to which missing
9 adults for whom Ashanti Alerts were
10 issued crossed State lines or territorial bor-
11 ders of an Indian Tribe;
12 ‘‘(D) actions States and Indian Tribes
13 have taken to protect the privacy and dignity of
14 the missing adults for whom Ashanti Alerts are
15 issued;
16 ‘‘(E) ways that States and Indian Tribes
17 have facilitated and improved communication
18 about missing adults between families, care-
19 givers, law enforcement officials, and other au-
20 thorities; and
21 ‘‘(F) any other information the Coordi-
22 nator determines to be appropriate.
OLL18793 S.L.C.

12
1 ‘‘SEC. 204. MINIMUM STANDARDS FOR ISSUANCE AND DIS-

2 SEMINATION OF ALERTS THROUGH ASHANTI

3 ALERT COMMUNICATIONS NETWORK.

4 ‘‘(a) ESTABLISHMENT OF MINIMUM STANDARDS.—

5 Subject to subsection (b), the Coordinator shall establish
6 minimum standards for—
7 ‘‘(1) the issuance of alerts through the Ashanti
8 Alert communications network; and
9 ‘‘(2) the extent of the dissemination of alerts
10 issued through the Ashanti Alert communications
11 network.
12 ‘‘(b) LIMITATIONS.—
13 ‘‘(1) DISSEMINATION OF INFORMATION.—The

14 minimum standards established under subsection (a)

15 shall, to the maximum extent practicable (as deter-
16 mined by the Coordinator in consultation with State,
17 Tribal, and local law enforcement agencies), provide
18 for the dissemination of appropriate information re-
19 lating to the special needs of a missing adult (in-
20 cluding health care needs) to the appropriate law en-
21 forcement, public health, and other public officials.
22 ‘‘(2) GEOGRAPHIC AREAS.—The minimum
23 standards established under subsection (a) shall, to
24 the maximum extent practicable (as determined by
25 the Coordinator in consultation with State, Tribal,
26 and local law enforcement agencies), provide that
OLL18793 S.L.C.

13
1 the dissemination of an alert through the Ashanti
2 Alert communications network shall be limited to the
3 geographic areas that the missing adult could rea-
4 sonably reach, considering—
5 ‘‘(A) the circumstances and physical and
6 mental condition of the missing adult;
7 ‘‘(B) the modes of transportation available
8 to the missing adult; and
9 ‘‘(C) the circumstances of the disappear-
10 ance.
11 ‘‘(3) OTHER REQUIREMENTS.—The minimum
12 standards established under subsection (a) shall re-
13 quire that, in order for an Ashanti Alert to be issued
14 for a missing adult, the missing adult—
15 ‘‘(A) suffers from a proven mental or phys-
16 ical disability, as documented by a source deter-
17 mined credible by an appropriate law enforce-
18 ment agency; or
19 ‘‘(B) be missing under circumstances that
20 indicate, as determined by an appropriate law
21 enforcement agency—
22 ‘‘(i) that the physical safety of the
23 missing adult may be endangered; or
24 ‘‘(ii) that the disappearance of the
25 missing adult may not have been vol-
OLL18793 S.L.C.

14
1 untary, including an abduction or kidnap-
2 ping.
3 ‘‘(4) SAFETY, PRIVACY, AND CIVIL LIBERTIES

4 PROTECTIONS.—The minimum standards established

5 under subsection (a) shall—
6 ‘‘(A) ensure that alerts issued through the
7 Ashanti Alert communications network comply
8 with all applicable Federal, State, Tribal, and
9 local privacy laws and regulations;
10 ‘‘(B) include standards that specifically
11 provide for the protection of the civil liberties
12 and sensitive medical information of missing
13 adults; and
14 ‘‘(C) include standards requiring, as appro-
15 priate, a review of relevant court records, prior
16 contacts with law enforcement, and other infor-
17 mation relevant to the missing adult or the in-
18 dividual reporting, in order to provide protec-
19 tions against domestic violence.
20 ‘‘(5) STATE, TRIBAL, AND LOCAL VOLUNTARY

21 COORDINATION.—In establishing minimum stand-

22 ards under subsection (a), the Coordinator may not
23 interfere with the system of voluntary coordination
24 between local broadcasters and State, Tribal, and
25 local law enforcement agencies for purposes of re-
OLL18793 S.L.C.

15
1 gional and local search efforts for missing adults
2 that was in effect on the day before the date of en-
3 actment of this title.
4 ‘‘SEC. 205. VOLUNTARY PARTICIPATION.

5 ‘‘The minimum standards established under section

6 204(a), and any other guidelines and programs established
7 under section 203, shall be adoptable on a voluntary basis
8 only.
9 ‘‘SEC. 206. TRAINING AND EDUCATIONAL PROGRAMS.

10 ‘‘The Coordinator shall make available to States, In-

11 dian Tribes, units of local government, law enforcement
12 agencies, and other concerned entities that are involved
13 in initiating, facilitating, or promoting Ashanti Alert
14 plans, including broadcasters, first responders, dis-
15 patchers, public safety communications personnel, and
16 radio station personnel—
17 ‘‘(1) training and educational programs related
18 to the Ashanti Alert communications network and
19 the capabilities, limitations, and anticipated behav-
20 iors of missing adults, which the Coordinator shall
21 update regularly to encourage the use of new tools,
22 technologies, and resources in Ashanti Alert plans;
23 and
24 ‘‘(2) informational materials, including bro-
25 chures, videos, posters, and websites to support and
OLL18793 S.L.C.

16
1 supplement the training and educational programs
2 described in paragraph (1).
3 ‘‘SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

4 ‘‘There is authorized to be appropriated to the Attor-

5 ney General $3,000,000 to carry out the Ashanti Alert
6 communications network as authorized under this title for
7 each of fiscal years 2019 through 2022.’’.
8 SEC. 3. EMERGENCY FEDERAL LAW ENFORCEMENT ASSIST-

9 ANCE.

10 Section 609Y(a) of the Justice Assistance Act of

11 1984 (34 U.S.C. 50112(a)) is amended by striking ‘‘Sep-
12 tember 30, 2021’’ and inserting ‘‘September 30, 2022’’.