115th CONGRESS
2d Session
S. 3461
AN ACT
To amend the PROTECT Act to expand the national AMBER Alert system to territories of the United States, and for other purposes.
Short title
This Act may be cited as the AMBER Alert Nationwide Act of 2018
.
Cooperation with Department of Homeland Security
Subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq.) is amended—
in section 301—
in subsection (b)—
in paragraph (1), by inserting after gaps in areas of interstate travel
the following: (including airports, maritime ports, border crossing areas and checkpoints, and ports of exit from the United States)
; and
in paragraphs (2) and (3), by inserting , territories of the United States, and tribal governments
after States
; and
in subsection (d), by inserting after Secretary of Transportation
the following: , the Secretary of Homeland Security,
; and
in section 302—
in subsection (b), in paragraphs (2), (3), and (4) by inserting , territorial, tribal,
after State
; and
in subsection (c)—
in paragraph (1), by inserting after Secretary of Transportation
the following: ‘‘, the Secretary of Homeland Security,”; and
in paragraph (2), by inserting , territorial, tribal,
after State
.
AMBER Alerts along major transportation routes
In general
Section 303 of the PROTECT Act (34 U.S.C. 20503) is amended—
in the section heading, by inserting after along highways
the following: and major transportation routes
;
in subsection (a)—
by inserting after Secretary of Transportation
the following: (referred to in this section as the
; andSecretary
)
by inserting after along highways
the following: and at airports, maritime ports, border crossing areas and checkpoints, and ports of exit from the United States
;
in subsection (b)—
in paragraph (1)—
by striking other motorist information systems to notify motorists
and inserting other information systems to notify motorists, aircraft passengers, ship passengers, and travelers
; and
by inserting after necessary to notify motorists
the following: , aircraft passengers, ship passengers, and travelers
;
in paragraph (2)—
in subparagraph (A), by striking other motorist information systems to notify motorists
and inserting other information systems to notify motorists, aircraft passengers, ship passengers, and travelers
;
in subparagraph (D), by inserting after support the notification of motorists
the following: , aircraft passengers, ship passengers, and travelers
;
in subparagraph (E), by inserting after motorists
, each place it appears, the following: , aircraft passengers, ship passengers, and travelers
;
in subparagraph (F), by inserting after motorists
the following: , aircraft passengers, ship passengers, and travelers
; and
in subparagraph (G), by inserting after motorists
the following: , aircraft passengers, ship passengers, and travelers
;
in subsection (c), by striking other motorist information systems to notify motorists
, each place it appears, and inserting other information systems to notify motorists, aircraft passengers, ship passengers, and travelers
;
by amending subsection (d) to read as follows:
Federal share
In general
Except as provided in paragraph (2), the Federal share of the cost of any activities funded by a grant under this section may not exceed 80 percent.
Waiver
If the Secretary determines that American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, or the Virgin Islands of the United States is unable to comply with the requirement under paragraph (1), the Secretary shall waive such requirement.
;
in subsection (g)—
by striking In this section
and inserting In this subtitle
; and
by striking or Puerto Rico
and inserting American Samoa, Guam, Puerto Rico, the Northern Mariana Islands, the Virgin Islands of the United States, and any other territory of the United States
; and
in subsection (h), by striking fiscal year 2004
and inserting each of fiscal years 2018 through 2022
.
Technical and conforming amendment
The table of contents in section 1(b) of the PROTECT Act (Public Law 108–21) is amended by striking the item relating to section 303 and inserting the following:
Sec. 303. Grant program for notification and communications systems along highways and major transportation routes for recovery of abducted children.
.
AMBER Alert communication plans in the territories
Section 304 of the PROTECT Act (34 U.S.C. 20504) is amended—
in subsection (b)(4), by inserting after with
the following: a territorial government or
;
by amending subsection (c) to read as follows:
Federal share
In general
Except as provided in paragraph (2), the Federal share of the cost of any activities funded by a grant under this section may not exceed 50 percent.
Waiver
If the Attorney General determines that American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States, or an Indian tribe is unable to comply with the requirement under paragraph (1), the Attorney General shall waive such requirement.
; and
in subsection (d), by inserting before the period at the end the following: , including territories of the United States
.
Government Accountability Office report
In general
Not later than 5 years after the date of the enactment of this Act, the Comptroller General shall conduct a study assessing—
the implementation of the amendments made by this Act;
any challenges related to integrating the territories of the United States into the AMBER Alert system;
the readiness, educational, technological, and training needs of territorial law enforcement agencies in responding to cases involving missing, abducted, or exploited children; and
any other related matters the Attorney General or the Secretary of Transportation determines appropriate.
Report required
The Comptroller General shall submit a report on the findings of the study required under subsection (a) to—
the Committees on the Judiciary of the Senate and the House of Representatives;
the Committee on Environment and Public Works of the Senate;
the Committee on Transportation and Infrastructure of the House of Representatives; and
each of the delegates or resident commissioner to the House of Representatives from American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States.
Public availability
The Comptroller General shall make the report required under subsection (b) available on a public Government website.
Obtaining official data
In general
The Comptroller General may secure information necessary to conduct the study under subsection (a) directly from any Federal agency and from any territorial government receiving grant funding under the PROTECT Act. Upon request of the Comptroller General, the head of a Federal agency or territorial government shall furnish the requested information to the Comptroller General.
Agency records
Notwithstanding paragraph (1), nothing in this subsection shall require a Federal agency or any territorial government to produce records subject to a common law evidentiary privilege. Records and information shared with the Comptroller General shall continue to be subject to withholding under sections 552 and 552a of title 5, United States Code. The Comptroller General is obligated to give the information the same level of confidentiality and protection required of the Federal agency or territorial government. The Comptroller General may be requested to sign a nondisclosure or other agreement as a condition of gaining access to sensitive or proprietary data to which the Comptroller General is entitled.
Privacy of personal information
The Comptroller General, and any Federal agency and any territorial government that provides information to the Comptroller General, shall take such actions as are necessary to ensure the protection of the personal information of a minor.
Passed the Senate December 13, 2018.
Secretary