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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 365 Received in Senate (RDS)]

112th CONGRESS
  2d Session
                                H. R. 365

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 16, 2012

                                Received

_______________________________________________________________________

                                 AN ACT

 
 To encourage, enhance, and integrate Blue Alert plans throughout the 
     United States in order to disseminate information when a law 
enforcement officer is seriously injured or killed in the line of duty.

    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 ``National Blue Alert Act of 2012''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Coordinator.--The term ``Coordinator'' means the Blue 
        Alert Coordinator of the Department of Justice designated under 
        section 4(a).
            (2) Blue alert.--The term ``Blue Alert'' means information 
        relating to the serious injury or death of a law enforcement 
        officer in the line of duty sent through the network.
            (3) Blue alert plan.--The term ``Blue Alert plan'' means 
        the plan of a State, unit of local government, or Federal 
        agency participating in the network for the dissemination of 
        information received as a Blue Alert.
            (4) Law enforcement officer.--The term ``law enforcement 
        officer'' shall have the same meaning as in section 1204 of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3796b(6)).
            (5) Network.--The term ``network'' means the Blue Alert 
        communications network established by the Attorney General 
        under section 3.
            (6) 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. 3. BLUE ALERT COMMUNICATIONS NETWORK.

    The Attorney General shall establish a national Blue Alert 
communications network within the Department of Justice to issue Blue 
Alerts through the initiation, facilitation, and promotion of Blue 
Alert plans, in coordination with States, units of local government, 
law enforcement agencies, and other appropriate entities.

SEC. 4. BLUE ALERT COORDINATOR; GUIDELINES.

    (a) Coordination Within Department of Justice.--The Attorney 
General shall assign an existing officer of the Department of Justice 
to act as the national coordinator of the Blue Alert communications 
network.
    (b) Duties of the Coordinator.--The Coordinator shall--
            (1) provide assistance to States and units of local 
        government that are using Blue Alert plans;
            (2) establish voluntary guidelines for States and units of 
        local government to use in developing Blue Alert plans that 
        will promote compatible and integrated Blue Alert plans 
        throughout the United States, including--
                    (A) a list of the resources necessary to establish 
                a Blue Alert plan;
                    (B) criteria for evaluating whether a situation 
                warrants issuing a Blue Alert;
                    (C) guidelines to protect the privacy, dignity, 
                independence, and autonomy of any law enforcement 
                officer who may be the subject of a Blue Alert and the 
                family of the law enforcement officer;
                    (D) guidelines that a Blue Alert should only be 
                issued with respect to a law enforcement officer if--
                            (i) the law enforcement agency involved--
                                    (I) confirms--
                                            (aa) the death or serious 
                                        injury of the law enforcement 
                                        officer; or
                                            (bb) the attack on the law 
                                        enforcement officer and that 
                                        there is an indication of the 
                                        death or serious injury of the 
                                        officer; or
                                    (II) concludes that the law 
                                enforcement officer is missing in the 
                                line of duty;
                            (ii) there is an indication of serious 
                        injury to or death of the law enforcement 
                        officer;
                            (iii) the suspect involved has not been 
                        apprehended; and
                            (iv) there is sufficient descriptive 
                        information of the suspect involved and any 
                        relevant vehicle and tag numbers;
                    (E) guidelines--
                            (i) that information relating to a law 
                        enforcement officer who is seriously injured or 
                        killed in the line of duty should be provided 
                        to the National Crime Information Center 
                        database operated by the Federal Bureau of 
                        Investigation under section 534 of title 28, 
                        United States Code, and any relevant crime 
                        information repository of the State involved;
                            (ii) that a Blue Alert should, to the 
                        maximum extent practicable (as determined by 
                        the Coordinator in consultation with law 
                        enforcement agencies of States and units of 
                        local governments), be limited to the 
                        geographic areas most likely to facilitate the 
                        apprehension of the suspect involved or which 
                        the suspect could reasonably reach, which 
                        should not be limited to State lines;
                            (iii) for law enforcement agencies of 
                        States or units of local government to develop 
                        plans to communicate information to neighboring 
                        States to provide for seamless communication of 
                        a Blue Alert; and
                            (iv) providing that a Blue Alert should be 
                        suspended when the suspect involved is 
                        apprehended or when the law enforcement agency 
                        involved determines that the Blue Alert is no 
                        longer effective; and
                    (F) guidelines for--
                            (i) the issuance of Blue Alerts through the 
                        network; and
                            (ii) the extent of the dissemination of 
                        alerts issued through the network;
            (3) develop protocols for efforts to apprehend suspects 
        that address activities during the period beginning at the time 
        of the initial notification of a law enforcement agency that a 
        suspect has not been apprehended and ending at the time of 
        apprehension of a suspect or when the law enforcement agency 
        involved determines that the Blue Alert is no longer effective, 
        including protocols regulating--
                    (A) the use of public safety communications;
                    (B) command center operations; and
                    (C) incident review, evaluation, debriefing, and 
                public information procedures;
            (4) work with States to ensure appropriate regional 
        coordination of various elements of the network;
            (5) establish an advisory group to assist States, units of 
        local government, law enforcement agencies, and other entities 
        involved in the network with initiating, facilitating, and 
        promoting Blue 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 a law enforcement 
                        organization representing rank-and-file 
                        officers;
                            (ii) representatives of other law 
                        enforcement agencies and public safety 
                        communications;
                            (iii) broadcasters, first responders, 
                        dispatchers, and radio station personnel; and
                            (iv) representatives of any other 
                        individuals or organizations that the 
                        Coordinator determines are necessary to the 
                        success of the network;
            (6) act as the nationwide point of contact for--
                    (A) the development of the network; and
                    (B) regional coordination of Blue Alerts through 
                the network; and
            (7) determine--
                    (A) what procedures and practices are in use for 
                notifying law enforcement and the public when a law 
                enforcement officer is killed or seriously injured in 
                the line of duty; and
                    (B) which of the procedures and practices are 
                effective and that do not require the expenditure of 
                additional resources to implement.
    (c) Limitations.--
            (1) Voluntary participation.--The guidelines established 
        under subsection (b)(2), protocols developed under subsection 
        (b)(3), and other programs established under subsection (b), 
        shall not be mandatory.
            (2) Dissemination of information.--The guidelines 
        established under subsection (b)(2) shall, to the maximum 
        extent practicable (as determined by the Coordinator in 
        consultation with law enforcement agencies of States and units 
        of local government), provide that appropriate information 
        relating to a Blue Alert is disseminated to the appropriate 
        officials of law enforcement agencies, public health agencies, 
        and other agencies.
            (3) Privacy and civil liberties protections.--The 
        guidelines established under subsection (b) shall--
                    (A) provide mechanisms that ensure that Blue Alerts 
                comply with all applicable Federal, State, and local 
                privacy laws and regulations; and
                    (B) include standards that specifically provide for 
                the protection of the civil liberties, including the 
                privacy, of law enforcement officers who are seriously 
                injured or killed in the line of duty and the families 
                of the officers.
    (d) Cooperation With Other Agencies.--The Coordinator shall 
cooperate with the Secretary of Homeland Security, the Secretary of 
Transportation, the Chairman of the Federal Communications Commission, 
and appropriate offices of the Department of Justice in carrying out 
activities under this Act.
    (e) Restrictions on Coordinator.--The Coordinator may not--
            (1) perform any official travel for the sole purpose of 
        carrying out the duties of the Coordinator;
            (2) lobby any officer of a State regarding the funding or 
        implementation of a Blue Alert plan; or
            (3) host a conference focused solely on the Blue Alert 
        program that requires the expenditure of Federal funds.
    (f) Reports.--Not later than 1 year after the date of enactment of 
this Act, and annually thereafter, the Coordinator shall submit to 
Congress a report on the activities of the Coordinator and the 
effectiveness and status

              

of the Blue Alert plans that are in effect or being developed.

            Passed the House of Representatives May 15, 2012.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
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