34 U.S.C. § 21901 — Definitions

Page 549 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 21901 (A) physical, sexual, and psychological abuse of elders; (B) exploitation of elders, including finan- cial abuse and scams targeting elders; and (C) neglect of elders; and (2) assessing, addressing, and mitigating the physical and psychological trauma to victims of elder abuse. (Pub. L. 115–70, title IV, § 403, Oct. 18, 2017, 131 Stat. 1214.) § 21742. Interstate initiatives (a) Interstate agreements and compacts The consent of Congress is given to any two or more States (acting through State agencies with jurisdiction over adult protective services) to enter into agreements or compacts for coopera- tive effort and mutual assistance— (1) in promoting the safety and well-being of elders; and (2) in enforcing their respective laws and policies to promote such safety and well-being. (b) Recommendations on interstate communica- tion The Executive Director of the State Justice Institute, in consultation with State or local adult protective services, aging, social, and human services and law enforcement agencies, nationally recognized nonprofit associations with expertise in data sharing among criminal justice agencies and familiarity with the issues raised in elder abuse cases, and the Secretary of Health and Human Services, shall submit to Congress legislative proposals relating to the fa- cilitation of interstate agreements and com- pacts. (Pub. L. 115–70, title IV, § 404, Oct. 18, 2017, 131 Stat. 1215.) SUBCHAPTER V—MISCELLANEOUS § 21751. Model power of attorney legislation The Attorney General shall publish model power of attorney legislation for the purpose of preventing elder abuse. (Pub. L. 115–70, title V, § 504, Oct. 18, 2017, 131 Stat. 1217.) § 21752. Best practices and model legislation for guardianship proceedings The Attorney General shall publish best prac- tices for improving guardianship proceedings and model legislation relating to guardianship proceedings for the purpose of preventing elder abuse. (Pub. L. 115–70, title V, § 505, Oct. 18, 2017, 131 Stat. 1217.) CHAPTER 219—ASHANTI ALERT COMMUNICATIONS NETWORK Sec. 21901. Definitions. 21902. Ashanti Alert communications network. 21903. Ashanti Alert Coordinator. 21904. Minimum standards for issuance and dissemi- nation of alerts through Ashanti Alert com- munications network. Sec. 21905. Voluntary participation. 21906. Training and educational programs. 21907. Authorization of appropriations. § 21901. Definitions In this chapter: (1) AMBER Alert communications network The term ‘‘AMBER Alert communications network’’ means the AMBER Alert commu- nications 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 communica- tions 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 21902(a) of this title. (4) Ashanti Alert Coordinator of the Depart- ment of Justice; Coordinator The term ‘‘Ashanti Alert Coordinator of the Department of Justice’’ or ‘‘Coordinator’’ means the employee designated by the Attor- ney General to act as the national coordinator of the Ashanti Alert communications network under section 21903(a) of this title. (5) Ashanti Alert plan The term ‘‘Ashanti Alert plan’’ means a local element of the Ashanti Alert commu- nications 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 1602 of title 43). (7) Missing adult The term ‘‘missing adult’’ means an indi- vidual 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 in- dividual 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 des- ignated 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 Common- wealth of Puerto Rico, the United States Vir- gin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Is- lands. (Pub. L. 106–468, title II, § 201, as added Pub. L. 115–401, § 2(5), Dec. 31, 2018, 132 Stat. 5336.) Page 550 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 21902 Editorial Notes REFERENCES IN TEXT The PROTECT Act, referred to in par. (1), is Pub. L. 108–21, Apr. 30, 2003, 117 Stat. 650, also known as the Prosecutorial Remedies and Other Tools to end the Ex- ploitation of Children Today Act of 2003. Subtitle A of title III of the Act is classified generally to chapter 205 (§ 20501 et seq.) of this title. For complete classification of this Act to the Code, see Short Title of 2003 Amend- ment note set out under section 1 of Title 18, Crimes and Criminal Procedure, and Tables. § 21902. Ashanti Alert communications network (a) In general The Attorney General shall, subject to the availability of appropriations, establish a na- tional communications network within the Of- fice 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 govern- ment, law enforcement agencies, and other con- cerned entities with expertise in providing serv- ices to adults. (b) Integration with existing communications network In establishing the Ashanti Alert communica- tions network under subsection (a), the Attor- ney General shall coordinate, when advisable, with missing person alert systems in existence as of December 31, 2018, such as the AMBER Alert communications network and Silver Alert communications networks. (Pub. L. 106–468, title II, § 202, as added Pub. L. 115–401, § 2(5), Dec. 31, 2018, 132 Stat. 5337.) § 21903. Ashanti Alert Coordinator (a) National coordinator within Department of Justice The Attorney General shall designate an em- ployee of the Office of Justice Programs of the Department of Justice to act as the national co- ordinator of the Ashanti Alert communications network. (b) Duties of the Coordinator In acting as the national coordinator of the Ashanti Alert communications network, the Co- ordinator shall— (1) work with States and Indian Tribes to en- courage the development of additional Ashanti Alert plans in the network; (2) 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) a list of the resources necessary to es- tablish an Ashanti Alert plan; (B) criteria for evaluating whether a situa- tion warrants issuing an Ashanti Alert, tak- ing into consideration the need for the use of Ashanti Alerts to be limited in scope be- cause 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 cir- cumstances of his or her disappearance, in- cluding any history of domestic violence, sexual assault, child abuse, or human traf- ficking, 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) recommendations on how to protect the privacy, dignity, independence, auton- omy, and safety of any missing adult who may be the subject of an Ashanti Alert; (3) develop proposed protocols for efforts to recover missing adults and to reduce the num- ber of adults who are reported missing, includ- ing 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 pro- tocol; (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) work with States and Indian Tribes to en- sure appropriate regional coordination of var- ious elements of the network; (5) establish an advisory group to assist States, Indian Tribes, units of local govern- ment, law enforcement agencies, and other en- tities involved in the Ashanti Alert commu- nications network with initiating, facili- tating, 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 advo- cacy groups, law enforcement agencies, victim service providers (as defined in sec- tion 12291(a) of this title), and public safe- ty communications; (ii) broadcasters, first responders, dis- patchers, and radio station personnel; and (iii) representatives of any other individ- uals or organizations that the Coordinator determines are necessary to the success of the Ashanti Alert communications net- work; 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) Coordination (1) Coordination with other agencies The Coordinator shall coordinate and con- sult with the Secretary of Transportation, the