19–006 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 112–478 

NATIONAL BLUE ALERT ACT OF 2012 

MAY 11, 2012.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. SMITH of Texas, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

[To accompany H.R. 365] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on the Judiciary, to whom was referred the bill 

(H.R. 365) 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, having considered the same, reports favorably thereon 

with an amendment and recommends that the bill as amended do 

pass. 

CONTENTS 

Page 

The Amendment ...................................................................................................... 1 

Purpose and Summary ............................................................................................ 4 

Background and Need for the Legislation ............................................................. 4 

Hearings ................................................................................................................... 5 

Committee Consideration ........................................................................................ 5 

Committee Votes ...................................................................................................... 5 

Committee Oversight Findings ............................................................................... 5 

New Budget Authority and Tax Expenditures ...................................................... 5 

Congressional Budget Office Cost Estimate .......................................................... 6 

Performance Goals and Objectives ......................................................................... 8 

Advisory on Earmarks ............................................................................................. 8 

Section-by-Section Analysis .................................................................................... 8 

Changes in Existing Law Made by the Bill, as Reported ..................................... 8 

The Amendment 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 


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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 


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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— 


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(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. 

SEC. 5. GRANT PROGRAM FOR SUPPORT OF BLUE ALERT PLANS. 

Section 1701(b) of title I of the Omnibus Crime Control and Safe Streets Act of 

1968 (42 U.S.C. 3796dd(b)) is amended— 

(1) in paragraph (16), by striking ‘‘and’’ at the end; 

(2) by redesignating paragraph (17) as paragraph (18); and 

(3) by inserting after paragraph (16) the following: 

‘‘(17) to assist a State in the development or enhancement of programs and 

activities in support of a Blue Alert plan and the network (as those terms are 

defined in section 2 of the National Blue Alert Act of 2012), including— 

‘‘(A) developing and implementing education and training programs, and 

associated materials, relating to Blue Alert plans; 

‘‘(B) developing and implementing law enforcement programs, and associated equipment, relating to Blue Alert plans; and 

‘‘(C) developing and implementing new technologies to improve the communication of Blue Alerts; and.’’. 

SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

Section 1001(a)(11) of the Omnibus Crime Control and Safe Streets Act of 1968 

is amended by adding at the end the following: 

‘‘(C)(i) Of amounts authorized to be appropriated to carry out part Q in any fiscal 

year, $10,000,000 is authorized to be appropriated for grants for the purposes described in section 1701(b)(17). 

‘‘(ii) Amounts appropriated pursuant to clause (i) shall remain available until expended.’’. 

Purpose and Summary 

H.R. 365 directs the formation of a national Blue Alert communications network within the Department of Justice (DOJ) to disseminate information when a law enforcement officer is seriously 

injured or killed in the line of duty and a suspect has not been apprehended. An existing DOJ officer shall act as the national coordinator of the Blue Alert communications network. The bill sets forth 

the duties of the national coordinator, including 1) encouraging 

states and local governments to develop additional Blue Alert 

plans, 2) establishing voluntary guidelines for states and local governments to use in developing such plans, 3) developing protocols 

for efforts to apprehend suspects, and 4) establishing an advisory 

group to assist states, local governments, law enforcement agencies, and other entities in initiating, facilitating, and promoting 

Blue Alert plans. The bill amends the Omnibus Crime Control and 

Safe Streets Act to require the use of public safety and community 

policing grants to assist states in developing and enhancing a Blue 

Alert plan and communications network. 

Background and Need for the Legislation 

This bill would encourage and enhance an integrated Blue Alert 

communications network throughout the United States in order to 

disseminate information and speed apprehension of violent criminals when a law enforcement officer is seriously injured or killed 

in the line of duty. Blue Alerts would use the same infrastructure 


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as Amber Alerts (missing children) and Silver Alerts (missing seniors). 

Each year, hundreds of law enforcement officers are killed or seriously injured in the line of duty. Despite this, law enforcement 

officers put their lives on the line every day, working long and irregular hours in demanding and dangerous conditions. These officers run a high risk of being injured or killed by the same criminals that prey on us. Since 1791, nearly 21,000 law enforcement officers have been killed in the line of duty in the United States. 

The Blue Alert system is a cooperative effort among local, state 

and Federal authorities, law enforcement agencies and the general 

public. A Blue Alert provides a description of an offender who is 

still at large and may include a description of the offender’s vehicle 

and license plate information. 

The bill directs the Department of Justice to designate a Blue 

Alert national coordinator who will encourage states that have not 

already done so to develop Blue Alert plans and establish voluntary 

guidelines. 

Like Amber Alerts, Blue Alerts help hinder the offender’s ability 

to flee and will facilitate a speedy capture. However, Blue Alerts 

further help to eliminate the grave threat which each offender 

poses to the general public and to law enforcement personnel. 

Fourteen states currently have Blue Alert networks in place, and 

Ohio will implement its network in June. 

The bill authorizes the use of existing COPS funding to the 

states for Blue Alert implementation, and therefore does not increase costs to carry out the program. 

Hearings 

The Committee on the Judiciary held no hearings on H.R. 365. 

Committee Consideration 

On April 25, 2012, the Committee met in open session and ordered the bill H.R. 365 favorably reported with an amendment in 

the nature of a substitute by voice vote, a quorum being present. 

Committee Votes 

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that there were 

no recorded votes during the Committee’s consideration of H.R. 

365. 

Committee Oversight Findings 

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 


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New Budget Authority and Tax Expenditures 

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new 

budgetary authority or increased tax expenditures. 

Congressional Budget Office Cost Estimate 

In compliance with clause 3(c)(3) of rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, H.R. 365, the following estimate and comparison prepared 

by the Director of the Congressional Budget Office under section 

402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, May 10, 2012. 

Hon. LAMAR SMITH, CHAIRMAN, 

Committee on the Judiciary, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 365, the ‘‘National Blue 

Alert Act of 2012.’’ 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Mark Grabowicz, who 

can be reached at 226-2860. 

Sincerely, 

DOUGLAS W. ELMENDORF, 

DIRECTOR. 

Enclosure 

cc: Honorable John Conyers, Jr. 

Ranking Member 

H.R. 365—National Blue Alert Act of 2012. 

As ordered reported by the House Committee on the Judiciary on 

April 25, 2012. 

SUMMARY

H.R. 365 would require the Department of Justice (DOJ) to establish a national communications network to issue alerts (that 

would be known as ‘‘blue alerts’’) when a law enforcement officer 

is killed or seriously injured. The bill also would authorize the appropriation of $10 million annually for DOJ to make grants to 

States to cover costs relating to participation in the blue alert program. 

Assuming appropriation of the necessary amounts, CBO estimates that implementing H.R. 365 would cost $36 million over the 

2013-2017 period. Pay-as-you-go procedures do not apply to this 

legislation because it would not affect direct spending or revenues. 

H.R. 365 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on State, local, or tribal governments. 


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ESTIMATED COST TO THE FEDERAL GOVERNMENT

The estimated budgetary impact of H.R. 365 is shown in the following table. The costs of this legislation fall within budget function 750 (administration of justice). 

By Fiscal Year, in Millions of Dollars 

2013 2014 2015 2016 2017 2013– 

2017 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

DOJ Grants 

Authorization Level 10 10 10 10 10 50 

Estimated Outlays 1 4 7 9 10 31 

DOJ Administrative Costs 

Estimated Authorization Level 1 1 1 1 1 5 

Estimated Outlays 1 1 1 1 1 5 

Total 

Estimated Authorization Level 11 11 11 11 11 55 

Estimated Outlays 2 5 8 10 11 36 

Note: DOJ = Department of Justice. 

BASIS OF ESTIMATE

For this estimate, CBO assumes that H.R. 365 will be enacted 

by the end of fiscal year 2012. We assume that the necessary 

amounts will be appropriated near the start of each fiscal year and 

that spending will follow historical patterns for similar activities. 

H.R. 365 would authorize the appropriation of $10 million for 

each fiscal year for DOJ to make grants to States to fund activities 

that would support participation in the blue alert program. Grants 

could be used to develop training and education programs and to 

improve communications technologies for the new alert program. 

H.R. 365 would require DOJ to establish and promote a national 

communications network to issue alerts when a law enforcement 

officer is seriously injured or killed. Under the bill’s provisions, the 

department would develop guidelines and protocols for State and 

local governments that participate in the program and provide assistance as necessary to those participants. Based on the costs of 

similar activities, CBO estimates that it would cost about $1 million annually for DOJ to establish and administer the new program. 

PAY-AS-YOU-GO CONSIDERATIONS: NONE. 

INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

H.R. 365 contains no intergovernmental or private-sector mandates as defined in UMRA and would impose no costs on State, 

local, or tribal governments. 

ESTIMATE PREPARED BY: 

Federal Costs: Mark Grabowicz 


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Impact on State, Local, and Tribal Governments: Melissa 

Merrell 

Impact on the Private Sector: Paige Piper/Bach 

ESTIMATE APPROVED BY: 

Theresa Gullo 

Deputy Assistant Director for Budget Analysis 

Performance Goals and Objectives 

The Committee states that pursuant to clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, H.R. 365 will encourage and enhance an integrated Blue Alert communications network 

throughout the United States in order to disseminate information 

and speed apprehension of violent criminals when a law enforcement officer is seriously injured or killed in the line of duty. 

Advisory on Earmarks 

In accordance with clause 9 of rule XXI of the Rules of the House 

of Representatives, H.R. 365 does not contain any congressional 

earmarks, limited tax benefits, or limited tariff benefits as defined 

in clause 9(e), 9(f), or 9(g) of Rule XXI. 

Section-by-Section Analysis 

The following discussion describes the bill as reported by the 

Committee. 

Sec. 1: Short Title 

Section 1 provides that the short title of H.R. 365 is the ‘‘National Blue Alert Act of 2012.’’ 

Sec. 2: Definitions 

Section 2 defines certain terms as used in the bill. 

Sec. 3: Blue Alert Communications Network 

Section 3 directs the Attorney General to establish a national 

Blue Alert communications network within the Department of Justice. 

Sec. 4: Blue Alert Coordinator; Guidelines 

Section 4 requires the Attorney General to assign an existing officer of the Department of Justice to act as the national coordinator 

of the Blue Alert communications network. The Section also sets 

forth the coordinator’s duties and limitations. 

Sec. 5: Grant Program for Support of Blue Alert Plans 

Section 5 allows the issuance of grants in furtherance of Blue 

Alert plans. 

Sec. 6: Authorization of Appropriations 

Section 6 authorizes $10 million per fiscal year to be appropriated from existing COPS funding for grants to develop and implement training and new technologies related to Blue Alert plans. 


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Changes in Existing Law Made by the Bill, as Reported 

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

existing law in which no change is proposed is shown in roman): 

OMNIBUS CRIME CONTROL AND SAFE STREETS ACT 

OF 1968 

* * * * * * * 

TITLE I—JUSTICE SYSTEM IMPROVEMENT 

* * * * * * * 

PART J—FUNDING

AUTHORIZATION OF APPROPRIATIONS

SEC. 1001. (a)(1) * * * 

* * * * * * * 

(11)(A) * * * 

* * * * * * * 

(C)(i) Of amounts authorized to be appropriated to carry out part 

Q in any fiscal year, $10,000,000 is authorized to be appropriated 

for grants for the purposes described in section 1701(b)(17). 

(ii) Amounts appropriated pursuant to clause (i) shall remain 

available until expended. 

* * * * * * * 

PART Q—PUBLIC SAFETY AND COMMUNITY 

POLICING; ‘‘COPS ON THE BEAT’’ 

SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND COMMUNITY POLICING GRANTS. 

(a) * * * 

(b) USES OF GRANT AMOUNTS.—The purposes for which grants 

made under subsection (a) may be made are— 

(1) * * * 

* * * * * * * 

(16) to support the purchase by a law enforcement agency of 

no more than 1 service weapon per officer, upon hiring for deployment in community-oriented policing or, if necessary, upon 

existing officers’ initial redeployment to community-oriented 

policing; øand¿ 

(17) to assist a State in the development or enhancement of 

programs and activities in support of a Blue Alert plan and the 

network (as those terms are defined in section 2 of the National 

Blue Alert Act of 2012), including— 


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(A) developing and implementing education and training 

programs, and associated materials, relating to Blue Alert 

plans; 

(B) developing and implementing law enforcement programs, and associated equipment, relating to Blue Alert 

plans; and 

(C) developing and implementing new technologies to improve the communication of Blue Alerts; and 

ø(17)¿ (18) to permit tribal governments receiving direct law 

enforcement services from the Bureau of Indian Affairs to access the program under this section for use in accordance with 

paragraphs (1) through (16). 

* * * * * * * 

Æ 


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