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34 U.S.C. § 50503Blue Alert Coordinator; guidelines

submitted 11 years ago by Pub. L. 114-12 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 1,213 words · no verdicts yet

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The Attorney General must appoint a Blue Alert Coordinator at the Department of Justice. The Coordinator builds voluntary guidelines, protocols, and an advisory group for Blue Alert plans nationwide. The Coordinator faces limits and must report to Congress yearly.

(a) Coordination within Department of Justice. The Attorney General must assign an existing Department of Justice officer to serve as the national coordinator of the Blue Alert communications network. (b) Duties of the Coordinator. The Coordinator must: (1) help states and local governments that use Blue Alert plans; (2) create voluntary guidelines for states and local governments to use when building Blue Alert plans, aimed at making plans compatible and coordinated across the country. These guidelines must cover: (A) a list of resources needed to set up a Blue Alert plan; (B) how to judge whether a situation calls for a Blue Alert; (C) how to protect the privacy, dignity, independence, and autonomy of any officer who might be the subject of a Blue Alert, and that officer's family; (D) rules for when a Blue Alert about an officer should be issued — only if: (i) the law enforcement agency either (I) confirms the officer's death or serious injury, or confirms an attack with signs of death or serious injury, or (II) concludes the officer is missing while on duty; (ii) there are signs the officer was seriously hurt or killed; (iii) the suspect hasn't been caught; and (iv) there's enough descriptive information about the suspect and any relevant vehicle and license plate; (E) rules for when a Blue Alert about a threat should be issued — only if: (i) a law enforcement agency confirms the threat is imminent and credible; (ii) at the time of the threat, the suspect is already wanted by a law enforcement agency; (iii) the suspect hasn't been caught; and (iv) there's enough descriptive information about the suspect and any relevant vehicle and license plate; (F) rules that: (i) information about an officer seriously hurt or killed on duty, or about an imminent credible threat to an officer, should go to the FBI's National Crime Information Center database and any relevant state crime database; (ii) a Blue Alert should, as much as practical (as the Coordinator decides after talking with state and local law enforcement), stay within the geographic area most likely to help catch the suspect or that the suspect could reasonably reach — not limited by state lines; (iii) state and local law enforcement should develop plans to share information with neighboring states, so Blue Alerts communicate seamlessly across state lines; and (iv) a Blue Alert should be called off once the suspect is caught, or once the law enforcement agency decides the Alert is no longer useful; and (G) guidelines for: (i) issuing Blue Alerts through the network; and (ii) how widely alerts issued through the network should be shared; (3) develop protocols for efforts to catch suspects, covering the period from the first notice that a suspect hasn't been caught until the suspect is caught or the alert is called off as no longer useful. These protocols must regulate: (A) use of public safety communications; (B) command center operations; and (C) reviewing, evaluating, debriefing, and handling public information after an incident; (4) work with states to make sure the network is properly coordinated by region; (5) set up an advisory group to help states, local governments, law enforcement agencies, and others start, run, and promote Blue Alert plans. This group must include, as much as practical, representation from different U.S. regions, and members who are: (i) representatives of a rank-and-file law enforcement organization; (ii) representatives of other law enforcement agencies and public safety communications; (iii) broadcasters, first responders, dispatchers, and radio station staff; and (iv) representatives of any other people or groups the Coordinator thinks the network needs; (6) act as the single nationwide point of contact for: (A) developing the network; and (B) coordinating Blue Alerts across regions; and (7) figure out: (A) what current procedures and practices exist for notifying law enforcement and the public when (i) an officer is killed or seriously hurt on duty, (ii) an officer goes missing while on duty, and (iii) there's an imminent credible threat to kill or seriously hurt an officer; and (B) which of those procedures and practices work well without needing more resources to use. (c) Limitations. (1) Voluntary participation. The guidelines under (b)(2), the protocols under (b)(3), and other programs set up under (b) are not mandatory. (2) Dissemination of information. The guidelines under (b)(2) must, as much as practical (as the Coordinator decides after consulting state and local law enforcement), make sure that relevant Blue Alert information reaches the right officials at law enforcement agencies, public health agencies, and other agencies. (3) Privacy and civil liberties protections. The guidelines under (b) must: (A) include ways to make sure Blue Alerts follow all applicable federal, state, and local privacy laws; and (B) include standards specifically protecting the civil liberties — including privacy — of officers who are seriously hurt or killed on duty, go missing on duty, or are threatened with death or serious injury, along with their families. (d) Cooperation with other agencies. The Coordinator must work with the Secretary of Homeland Security, the Secretary of Transportation, the Chairman of the FCC, and the right Department of Justice offices to carry out this chapter's work. (e) Restrictions on Coordinator. The Coordinator may not: (1) take any official trip solely to carry out Coordinator duties; (2) lobby any state officer about funding or running a Blue Alert plan; or (3) host a conference focused only on the Blue Alert program that spends federal money. (f) Reports. Within 1 year of May 19, 2015, and every year after that, the Coordinator must send Congress a report on the Coordinator's activities and on how effective and active the Blue Alert plans are.
the actual law source: uscode.house.gov ↗public domain
(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 connection with the officer’s official duties;

(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 that a Blue Alert should only be issued with respect to a threat to cause death or serious injury to a law enforcement officer if—

(i)

a law enforcement agency involved confirms that the threat is imminent and credible;

(ii)

at the time of receipt of the threat, the suspect is wanted by a law enforcement agency;

(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;

(F)

guidelines—

(i)

that information should be provided to the National Crime Information Center database operated by the Federal Bureau of Investigation under section 534 of title 28, and any relevant crime information repository of the State involved, relating to—

(I)

a law enforcement officer who is seriously injured or killed in the line of duty; or

(II)

an imminent and credible threat to cause the serious injury or death of a law enforcement officer;

(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

(G)

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—

(i)

a law enforcement officer is killed or seriously injured in the line of duty;

(ii)

a law enforcement officer is missing in connection with the officer’s official duties; and

(iii)

an imminent and credible threat to kill or seriously injure a law enforcement officer is received; 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, is missing in connection with the officer’s official duties, or who are threatened with death or serious injury, 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 chapter.

(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 May 19, 2015, 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.

Source credit: (Pub. L. 114–12, § 4, May 19, 2015, 129 Stat. 193.)

history & why it existsrecord from the source credit
  • 2015Enacted · Pub. L. 114-12 · 129 Stat. 193

A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-12 on 2015-05-19.

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