[House Report 112-478]
[From the U.S. Government Publishing Office]
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:
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.
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 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.
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.
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
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.
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;
[and]
(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
[(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).
* * * * * * *