[House Report 110-825]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-825
======================================================================
TO ENCOURAGE, ENHANCE, AND INTEGRATE SILVER ALERT PLANS THROUGHOUT THE
UNITED STATES, TO AUTHORIZE GRANTS FOR THE ASSISTANCE OF ORGANIZATIONS
TO FIND MISSING ADULTS, AND FOR OTHER PURPOSES
_______
September 8, 2008.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Conyers, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 6064]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 6064) to encourage, enhance, and integrate Silver Alert
plans throughout the United States, having considered the same,
reports favorably thereon with amendments and recommends that
the bill as amended do pass.
CONTENTS
Page
The Amendments................................................... 1
Purpose and Summary.............................................. 6
Background and Need for the Legislation.......................... 6
Hearings......................................................... 7
Committee Consideration.......................................... 7
Committee Votes.................................................. 7
Committee Oversight Findings..................................... 8
New Budget Authority and Tax Expenditures........................ 8
Congressional Budget Office Cost Estimate........................ 8
Performance Goals and Objectives................................. 10
Constitutional Authority Statement............................... 10
Advisory on Earmarks............................................. 10
Section-by-Section Analysis...................................... 10
The Amendments
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
TITLE I--SILVER ALERT COMMUNICATIONS NETWORK
SECTION 101. SHORT TITLE.
This title may be cited as the ``National Silver Alert Act''.
SEC. 102. DEFINITIONS.
For purposes of this title:
(1) 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.
(2) Missing senior.--The term ``missing senior'' refers to
any individual who--
(A) is reported to, or identified by, a law
enforcement agency as a missing person; and
(B) meets the requirements to be designated as a
missing senior, as determined by the State in which the
individual is reported or identified as a missing
person.
SEC. 103. SILVER ALERT COMMUNICATIONS NETWORK.
The Attorney General shall, subject to the availability of
appropriations under section 107, establish a national Silver Alert
communications network within the Department of Justice to provide
assistance to regional and local search efforts for missing seniors
through the initiation, facilitation, and promotion of local elements
of the network (known as Silver Alert plans) in coordination with
States, units of local government, law enforcement agencies, and other
concerned entities with expertise in providing services to seniors.
SEC. 104. SILVER ALERT COORDINATOR.
(a) National Coordinator Within Department of Justice.--The
Attorney General shall designate an individual of the Department of
Justice to act as the national coordinator of the Silver Alert
communications network. The individual so designated shall be known as
the Silver Alert Coordinator of the Department of Justice (referred to
in this title as the ``Coordinator'').
(b) Duties of the Coordinator.--In acting as the national
coordinator of the Silver Alert communications network, the Coordinator
shall--
(1) work with States to encourage the development of
additional Silver Alert plans in the network;
(2) establish voluntary guidelines for States to use in
developing Silver Alert plans that will promote compatible and
integrated Silver Alert plans throughout the United States,
including--
(A) a list of the resources necessary to establish
a Silver Alert plan;
(B) criteria for evaluating whether a situation
warrants issuing a Silver Alert, taking into
consideration the need for the use of such Alerts to be
limited in scope because the effectiveness of the
Silver Alert communications network may be affected by
overuse, including criteria to determine--
(i) whether the mental capacity of a senior
who is missing, and the circumstances of his or
her disappearance, warrant the issuance a
Silver Alert; and
(ii) whether the individual who reports
that a senior is missing is an appropriate and
credible source on which to base the issuance
of a Silver Alert;
(C) a description of the appropriate uses of the
Silver Alert name to readily identify the nature of
search efforts for missing seniors; and
(D) recommendations on how to protect the privacy,
dignity, independence, and autonomy of any missing
senior who may be the subject of a Silver Alert;
(3) develop proposed protocols for efforts to recover
missing seniors and to reduce the number of seniors who are
reported missing, including protocols for procedures that are
needed from the time of initial notification of a law
enforcement agency that the senior is missing through the time
of the return of the senior to family, guardian, or domicile,
as appropriate, including--
(A) public safety communications protocol;
(B) case management protocol;
(C) command center operations;
(D) reunification protocol; and
(E) 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 Silver Alert communications network with
initiating, facilitating, and promoting Silver 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 senior citizen
advocacy groups, law enforcement agencies, and
public safety communications;
(ii) broadcasters, first responders,
dispatchers, and radio station personnel; and
(iii) representatives of any other
individuals or organizations that the
Coordinator determines are necessary to the
success of the Silver Alert communications
network; and
(6) act as the nationwide point of contact for--
(A) the development of the network; and
(B) regional coordination of alerts for missing
seniors through the network.
(c) Coordination.--
(1) Coordination with other agencies.--The Coordinator
shall coordinate and consult with the Secretary of
Transportation, the Federal Communications Commission, the
Assistant Secretary for Aging of the Department of Health and
Human Services, the head of the Missing Alzheimer's Disease
Patient Alert Program, and other appropriate offices of the
Department of Justice in carrying out activities under this
title.
(2) State and local coordination.--The Coordinator shall
consult with local broadcasters and State and local law
enforcement agencies in establishing minimum standards under
section 105 and in carrying out other activities under this
title, as appropriate.
(d) Annual Reports.--Not later than one 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 Silver Alert plans of each State
that has established or is in the process of establishing such a plan.
Each such report shall include--
(1) a list of States that have established Silver Alert
plans;
(2) a list of States that are in the process of
establishing Silver Alert plans;
(3) for each State that has established such a plan, to the
extent the data is available--
(A) the number of Silver Alerts issued;
(B) the number of individuals located successfully;
(C) the average period of time between the issuance
of a Silver Alert and the location of the individual
for whom such Alert was issued;
(D) the State agency or authority issuing Silver
Alerts, and the process by which Silver Alerts are
disseminated;
(E) the cost of establishing and operating such a
plan;
(F) the criteria used by the State to determine
whether to issue a Silver Alert; and
(G) the extent to which missing individuals for
whom Silver Alerts were issued crossed State lines;
(4) actions States have taken to protect the privacy and
dignity of the individuals for whom Silver Alerts are issued;
(5) ways that States have facilitated and improved
communication about missing individuals between families,
caregivers, law enforcement officials, and other authorities;
and
(6) any other information the Coordinator determines to be
appropriate.
SEC. 105. MINIMUM STANDARDS FOR ISSUANCE AND DISSEMINATION OF ALERTS
THROUGH SILVER ALERT COMMUNICATIONS NETWORK.
(a) Establishment of Minimum Standards.--Subject to subsection (b),
the Coordinator shall establish minimum standards for--
(1) the issuance of alerts through the Silver Alert
communications network; and
(2) the extent of the dissemination of alerts issued
through the network.
(b) Limitations.--
(1) Voluntary participation.--The minimum standards
established under subsection (a) of this section, and any other
guidelines and programs established under section 104, shall be
adoptable on a voluntary basis only.
(2) Dissemination of information.--The minimum standards
shall, to the maximum extent practicable (as determined by the
Coordinator in consultation with State and local law
enforcement agencies), provide that appropriate information
relating to the special needs of a missing senior (including
health care needs) are disseminated to the appropriate law
enforcement, public health, and other public officials.
(3) Geographic areas.--The minimum standards shall, to the
maximum extent practicable (as determined by the Coordinator in
consultation with State and local law enforcement agencies),
provide that the dissemination of an alert through the Silver
Alert communications network be limited to the geographic areas
which the missing senior could reasonably reach, considering
the missing senior's circumstances and physical and mental
condition, the modes of transportation available to the missing
senior, and the circumstances of the disappearance.
(4) Age requirements.--The minimum standards shall not
include any specific age requirement for an individual to be
classified as a missing senior for purposes of the Silver Alert
communication network. Age requirements for determinations of
whether an individual is a missing senior shall be determined
by each State, and may vary from State to State.
(5) Privacy and civil liberties protections.--The minimum
standards shall--
(A) ensure that alerts issued through the Silver
Alert communications network 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 and sensitive
medical information of missing seniors.
(6) State and local voluntary coordination.--In carrying
out the activities under subsection (a), the Coordinator may
not interfere with the current system of voluntary coordination
between local broadcasters and State and local law enforcement
agencies for purposes of the Silver Alert communications
network.
SEC. 106. TRAINING AND OTHER RESOURCES.
(a) Training and Educational Programs.--The Coordinator shall make
available to States, units of local government, law enforcement
agencies, and other concerned entities that are involved in initiating,
facilitating, or promoting Silver Alert plans, including broadcasters,
first responders, dispatchers, public safety communications personnel,
and radio station personnel--
(1) training and educational programs related to the Silver
Alert communication network and the capabilities, limitations,
and anticipated behaviors of missing seniors, which shall be
updated regularly to encourage the use of new tools,
technologies, and resources in Silver Alert plans; and
(2) informational materials, including brochures, videos,
posters, and web sites to support and supplement such training
and educational programs.
(b) Coordination.--The Coordinator shall coordinate--
(1) with the Assistant Secretary for Aging of the
Department of Health and Human Services in developing the
training and educational programs and materials under
subsection (a); and
(2) with the head of the Missing Alzheimer's Disease
Patient Alert Program within the Department of Justice, to
determine if any existing material with respect to training
programs or educational materials developed or used as part of
such Patient Alert Program are appropriate and may be used for
the programs under subsection (a).
SEC. 107. AUTHORIZATION OF APPROPRIATIONS FOR THE SILVER ALERT
COMMUNICATIONS NETWORK.
There are authorized to be appropriated to the Department of
Justice such sums as may be necessary to carry out the Silver Alert
communications network as authorized under this title.
SEC. 108. GRANT PROGRAM FOR SUPPORT OF SILVER ALERT PLANS.
(a) Grant Program.--Subject to the availability of appropriations
to carry out this section, the Attorney General shall carry out a
program to provide grants to States for the development and enhancement
of programs and activities for the support of Silver Alert plans and
the Silver Alert communications network.
(b) Activities.--Activities funded by grants under the program
under subsection (a) may include--
(1) the development and implementation of education and
training programs, and associated materials, relating to Silver
Alert plans;
(2) the development and implementation of law enforcement
programs, and associated equipment, relating to Silver Alert
plans;
(3) the development and implementation of new technologies
to improve Silver Alert communications; and
(4) such other activities as the Attorney General considers
appropriate for supporting the Silver Alert communications
network.
(c) Federal Share.--The Federal share of the cost of any activities
funded by a grant under the program under subsection (a) may not exceed
50 percent.
(d) Distribution of Grants on Geographic Basis.--The Attorney
General shall, to the maximum extent practicable, ensure the
distribution of grants under the program under subsection (a) on an
equitable basis throughout the various regions of the United States.
(e) Administration.--The Attorney General shall prescribe
requirements, including application requirements, for grants under the
program under subsection (a).
(f) Authorization of Appropriations.--
(1) There is authorized to be appropriated to the
Department of Justice $5,000,000 for each of the fiscal years
2009 through 2013 to carry out this section and, in addition,
$5,000,000 for each of the fiscal years 2009 through 2013 to
carry out subsection (b)(3).
(2) Amounts appropriated pursuant to the authorization of
appropriations in paragraph (1) shall remain available until
expended.
SEC. 109. SAMMY KIRK VOLUNTARY ELECTRONIC MONITORING PROGRAM.
(a) Program Authorized.--The Attorney General, after consultation
with the Secretary of Health and Human Services, is authorized to award
grants to States and units of local government to carry out programs to
provide voluntary electronic monitoring services to elderly individuals
to assist in the location of such individuals if such individuals are
reported as missing.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $2,000,000 for each of the
fiscal years 2009 through 2014.
(c) Designation.--The grant program authorized under this section
shall be referred to as the ``Sammy Kirk Voluntary Electronic
Monitoring Program''.
TITLE II--KRISTEN'S ACT REAUTHORIZATION
SEC. 201. SHORT TITLE.
This title may be cited as ``Kristen's Act Reauthorization of
2008''.
SEC. 202. FINDINGS.
Congress finds the following:
(1) Every year thousands of adults become missing due to
advanced age, diminished mental capacity, or foul play. Often
there is no information regarding the whereabouts of these
adults and many of them are never reunited with their families.
(2) Missing adults are at great risk of both physical harm
and sexual exploitation.
(3) In most cases, families and local law enforcement
officials have neither the resources nor the expertise to
undertake appropriate search efforts for a missing adult.
(4) The search for a missing adult requires cooperation and
coordination among Federal, State, and local law enforcement
agencies and assistance from distant communities where the
adult may be located.
(5) Federal assistance is urgently needed to help with
coordination among such agencies.
SEC. 203. GRANTS FOR THE ASSISTANCE OF ORGANIZATIONS TO FIND MISSING
ADULTS.
(a) Grants.--
(1) Grant program.--Subject to the availability of
appropriations to carry out this section, the Attorney General
shall make competitive grants to public agencies or nonprofit
private organizations, or combinations thereof, to--
(A) maintain a national resource center and
information clearinghouse for missing and unidentified
adults;
(B) maintain a national, interconnected database
for the purpose of tracking missing adults who are
determined by law enforcement to be endangered due to
age, diminished mental capacity, or the circumstances
of disappearance, when foul play is suspected or
circumstances are unknown;
(C) coordinate public and private programs that
locate or recover missing adults or reunite missing
adults with their families;
(D) provide assistance and training to law
enforcement agencies, State and local governments,
elements of the criminal justice system, nonprofit
organizations, and individuals in the prevention,
investigation, prosecution, and treatment of cases
involving missing adults;
(E) provide assistance to families in locating and
recovering missing adults; and
(F) assist in public notification and victim
advocacy related to missing adults.
(2) Applications.--The Attorney General shall periodically
solicit applications for grants under this section by
publishing a request for applications in the Federal Register
and by posting such a request on the website of the Department
of Justice.
(b) Other Duties.--The Attorney General shall--
(1) coordinate programs relating to missing adults that are
funded by the Federal Government; and
(2) encourage coordination between State and local law
enforcement and public agencies and nonprofit private
organizations receiving a grant pursuant to subsection (a).
SEC. 204. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title
$4,000,000 for each of fiscal years 2009 through 2019.
Amend the title so as to read:
A bill to encourage, enhance, and integrate Silver Alert
plans throughout the United States, to authorize grants for the
assistance of organizations to find missing adults, and for
other purposes.
Purpose and Summary
H.R. 6064 consists of two separate proposals to improve
capabilities to locate older adults who have ``gone missing''
as a result of dementia, diminished capacity, foul play, or
other unusual circumstances. Title I, the ``National Silver
Alert Act,'' establishes a national Silver Alert program, based
on the successful Amber Alert program for children. It
authorizes the Attorney General to provide grants to States for
local Silver Alert plans and communications networks. It also
authorizes the Attorney General to award grants under the Sammy
Kirk Electronic Monitoring Program to States and local
governments for programs providing voluntary electronic
monitoring services to elderly individuals. Title II, the
``Kristen's Act Reauthorization of 2008,'' reauthorizes an
existing grant program, and directs the Attorney General to
make competitive grants to public agencies and nonprofit
private organizations for maintenance of a national resourse
center and information clearinghouse, a national database for
tracking missing adults, training, and other related
activities.
Background and Need for the Legislation
Thousands of vulnerable older adults go missing each year
as a result of dementia, diminished capacity, foul play, or
other unusual circumstances. The Alzheimer's Foundation of
America estimates that over five million Americans suffer from
Alzheimer's disease, and that sixty percent of these are likely
to wander from their homes. Alzheimer's disease and other
dementia-related illnesses often leave their victims
disoriented and confused and unable to find their way home.
According to the Alzheimer's Association, up to 50% of
wanderers risk serious illness, injury, or death if not found
within 24 hours.\1\ The problem can be exacerbated greatly by
national disasters, such as Hurricane Katrina, that can, in a
matter of hours, increase the number of missing persons by the
thousands.
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\1\ Alzheimer's Association, ``Issue Kit: Public Policy Response to
Wandering Behavior,'' Washington Public Policy Office, Alzheimer's
Association, Sept. 2006.
---------------------------------------------------------------------------
At least eight States, along with non-profit organizations
such as the National Center for Missing Adults, Project
Lifesaver International, and the Alzheimer's Foundation of
America, have developed programs to address various aspects of
the problem of missing adults, but the need for a coordinated
national approach, similar to the Amber Alert Program for
children, still exists. In addition, financial support is
needed for existing and new local and State programs.
The Missing Alzheimer's Disease Patient Alert Program,
administered by the Department of Justice, is the only Federal
program that currently provides grant funding to locate
vulnerable elderly individuals who go missing. Authorization
for this program ceased in 1998, though Congress has continued
to appropriate some monies for it through fiscal year 2008,
when it appropriated $940,000.\2\ Another Federal law,
Kristen's Act, had authorized annual grants in the amount of $1
million for fiscal years 2001 through 2004 to assist law
enforcement agencies in locating missing adults and for other
purposes. During fiscal years 2002 through 2006, Kristen's Act
grants were made through the Edward Byrne Discretionary Grants
Program. In 2006, Congress appropriated $150,000 for this
purpose.\3\
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\2\H. Rept. 107-278 (FY 2002); H. Rept. 108-10 (FY 2003); H. Rept.
108-401 (FY 2004); H. Rept. 108-792 (FY 2005); H. Rept. 109-272 (FY
2006); P.L. 110-5 (FY 2007); U.S. House, Committee on Appropriations,
Joint Explanatory Statement to Accompany FY 2008 Consolidated
Appropriations Amendment to H.R. 2764 (P.L. 110-161), Division B (FY
2008).
\3\H. Rept. 107-278 (FY 2002); H. Rept. 108-10 (FY 2003); H. Rept.
108-401 (FY 2004); H. Rept. 108-792 (FY 2005); H. Rept. 109-272 (FY
2006).
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Hearings
The Subcommittee on Crime, Terrorism, and Homeland Security
held 1 day of hearings on H.R. 6064, and related bills H.R.
5898, the ``Silver Alert Grant Program Act of 2008,'' and H.R.
423, ``Kristen's Act Reauthorization of 2007,'' on July 15,
2008. Testimony was received from the Honorable Lloyd Doggett,
the Honorable Gus Bilirakis, and the Honorable Sue Wilkins
Myrick, with additional letters submitted by the Alzheimer's
Foundation of America and Project Lifesaver.
Committee Consideration
On July 30, 2008, the Committee met in open session and
ordered the bill, H.R. 6064, favorably reported with an
amendment, 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. 6064.
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. 6064, 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, September 4, 2008.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
completed the enclosed cost estimate for H.R. 6064, the
National Silver Alert Act.
The CBO staff contacts for this estimate are Mark Grabowicz
(for federal costs), who can be reached at 226-2860, and
Melissa Merrell (for the impact on State and local
governments), who can be reached at 225-3220.
Sincerely,
Peter R. Orszag,
Director.
Enclosure
cc:
Honorable Lamar S. Smith.
Ranking Member
H.R. 6064--National Silver Alert Act.
SUMMARY
H.R. 6064 would direct the Department of Justice (DOJ) to
establish a national communications network to assist efforts
to locate missing senior citizens. The bill would authorize the
appropriation of $10 million annually over the 2009-2013 period
for DOJ to make grants to States for activities to support the
network, to be known as the Silver Alert program. In addition,
the legislation would authorize the appropriation of $2 million
annually over the 2009-2014 period and another $4 million
annually over the 2009-2019 period for DOJ to make grants to
State and local governments and other organizations for
programs to locate missing adults.
Assuming appropriation of the necessary amounts, CBO
estimates that implementing H.R. 6064 would cost $59 million
over the 2009-2013 period, with remaining amounts spent in
subsequent years. Enacting the legislation would not affect
direct spending or revenues.
H.R. 6064 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. 6064 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
----------------------------------------------------------------------------------------------------------------
2009 2010 2011 2012 2013 2009-2013
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
DOJ Grant Programs
Authorization Level 16 16 16 16 16 80
Estimated Outlays 4 8 12 14 16 54
DOJ Costs for Silver Alert Program
Estimated Authorization Level 1 1 1 1 1 5
Estimated Outlays 1 1 1 1 1 5
Total Changes
Estimated Authorization Level 17 17 17 17 17 85
Estimated Outlays 5 9 13 15 17 59
----------------------------------------------------------------------------------------------------------------
BASIS OF ESTIMATE
Assuming appropriation of the necessary amounts, CBO
estimates that implementing H.R. 6064 would cost $59 million
over the 2009-2013 period, with additional amounts spent in
subsequent years. Based on information from DOJ, we estimate
that it would cost about $1 million annually to establish and
administer the Silver Alert program. CBO assumes that the
authorized and estimated amounts will be appropriated near the
start of each fiscal year and that spending will follow
historical spending patterns for similar activities.
INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT
H.R. 6064 contains no intergovernmental or private-sector
mandates as defined in UMRA and would impose no costs on State,
local, or tribal governments. Assuming appropriation of
authorized amounts, State and local governments would benefit
from grants for training, education, and equipment to locate
missing senior citizens. Any costs to those governments,
including matching funds, would be incurred voluntarily.
ESTIMATE PREPARED BY:
Federal Costs: Mark Grabowicz (226-2860)
Impact on State, Local, and Tribal Governments: Melissa Merrell
(225-3220)
Impact on the Private Sector: MarDestinee C. Perez (226-2940)
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.
6064 establishes a national Silver Alert program to assist
local efforts regarding missing adults, authorizes to the
Department of Justice such sums as necessary to carry out the
Silver Alert communications network, and authorizes the
Attorney General to award grants to States, public agencies and
nonprofit private organizations for local Silver Alert plans
and networks, training, a national resources clearinghouse and
database for missing adults, and for other purposes.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article I, section 8 of the Constitution.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 6064 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
TITLE I--SILVER ALERT COMMUNICATIONS NETWORK
Sec. 101. Short Title. Section 101 sets forth the short
title of Title I of the bill as the ``National Silver Alert
Act.''
Sec. 102. Definitions. Section 102 defines the terms
``State'' and ``missing senior.''
Sec. 103. Silver Alert Communications Network. Section 103
requires the Attorney General to establish a national Silver
Alert communications network within the Department of Justice
to provide assistance to regional and local search efforts for
missing seniors.
Sec. 104. Silver Alert Coordinator. Section 104 requires
the Attorney General to designate a national Silver Alert
communications network coordinator. The Coordinator is to work
with the States to encourage the development of additional
local Silver Alert plans, and is to establish voluntary
guidelines for States that will promote compatible and
integrated Silver Alert plans throughout the United States.
Among other things, these voluntary guidelines are to include
criteria for issuing a Silver Alert, taking into consideration
the need to limit the use of such Alerts so that the
effectiveness of the network will not be negatively affected by
overuse.
This section requires the Coordinator to develop proposed
protocols and procedures to recover missing seniors and to work
with States to ensure coordination of various elements of the
network. The Coordinator is to establish an advisory group to
assist States, units of local government, law enforcement
agencies, and other entities involved in the Silver Alert
program.
This section requires the Coordinator to coordinate and
consult with numerous entities, including the Secretary of
Transportation, the Federal Communications Commission, the
Assistant Secretary for Aging of the Department of Health and
Human Services, the head of the Missing Alzheimer's Disease
Patient Alert Program, other offices of the Department of
Justice, local broadcasters, and State and local law
enforcement agencies in establishing minimum standards and in
carrying out other activities under this title.
The Coordinator is required to submit an annual report to
Congress on the Coordinator's activities and the effectiveness
and status of the Silver Alert plans for each State that has
established or is in the process of establishing such a plan.
Sec. 105. Minimum Standards for Issuance and Dissemination
of Alerts Through Silver Alert Communications Network. Section
105 requires the Coordinator to establish voluntary minimum
standards for the issuance and dissemination of alerts. The
minimum standards are not to include a specific age
requirement; the age requirements for defining an individual as
a missing senior will instead be determined by each State, and
may vary from State to State. The minimum standards will ensure
that alerts comply with all applicable Federal, State, and
local privacy laws and regulations, and will include standards
that protect senior citizens' civil liberties and sensitive
medical information.
Sec. 106. Training and Other Resources. Section 106
requires the Coordinator to develop, in coordination with
others, training and education programs and informational
materials, and to make them available to States, units of local
government, law enforcement agencies and other concerned
entities that are involved in initiating, facilitating, or
promoting Silver Alert plans.
Sec. 107. Authorization of Appropriations for the Silver
Alert Communications Network. Section 107 authorizes to the
Department of Justice such sums as may be necessary to carry
out the Silver Alert communications network.
Sec. 108. Grant Program for Support of Silver Alert Plans.
Section 108 authorizes the Attorney General to issue grants to
States for the development or enhancement of programs and
activities that support Silver Alert plans and the Silver Alert
communications network. The Federal share of the grants shall
not exceed 50 percent. This section authorizes $10 million for
fiscal years 2009 through 2013, with amounts appropriated to
remain available until expended.
Sec. 109. The Sammy Kirk Electronic Monitoring Program.
Section 109 authorizes $2 million for fiscal years 2009 through
2014, for the Attorney General to award grants to States and
units of local government to carry out programs to provide
voluntary electronic monitoring services to elderly individuals
to assist in locating and recovering them if they are later
reported missing. This section is named after Mr. Sammy Kirk, a
76-year-old man, believed to be suffering from Alzheimer's
disease, who walked away from his home in Houston, Texas in
August 2005. He was found dead 3 days later near a bayou.
TITLE II--KRISTEN'S ACT REAUTHORIZATION
Sec. 201. Short Title. Section 201 sets forth the short
title of Title II of the bill as ``Kristen's Act
Reauthorization of 2007.''
Sec. 202. Findings. Section 202 sets forth findings
underlying the need for the title.
Sec. 203. Grants for the Assistance of Organizations to
Find Missing Adults. Section 203 authorizes the Attorney
General to make competitive grants to public agencies or
nonprofit organizations to maintain a national resource center
and information clearinghouse for missing and unidentified
adults; to maintain a national, interconnected database for
tracking missing adults; to coordinate public and private
programs that locate missing persons; to provide assistance and
training to agencies, entities and organizations; to provide
assistance to families in locating and recovering missing
adults; and to assist in public notification and victim
advocacy related to missing adults. The Attorney General is to
coordinate federally funded programs relating to missing
adults, and encourage coordination between State and local law
enforcement and public agencies and nonprofit private
organizations receiving grants.
Sec. 204. Authorization of Appropriations. Section 204
authorizes $4 million for each fiscal year 2008 through 2018.