[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6064 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6064

To encourage, enhance, and integrate Silver Alert plans throughout the 
                             United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2008

 Mr. Doggett (for himself, Mr. Becerra, Ms. Corrine Brown of Florida, 
   Mr. Crowley, Mr. Filner, Mr. Al Green of Texas, Mr. Gene Green of 
Texas, Mr. Hastings of Florida, Mr. Hinojosa, Ms. Jackson-Lee of Texas, 
Mr. Jefferson, Mrs. Jones of Ohio, Mr. Larson of Connecticut, Mr. Lewis 
of Georgia, Mr. McDermott, Mr. McNerney, Mr. Miller of North Carolina, 
 Mr. Moran of Virginia, Mr. Pomeroy, Mr. Price of North Carolina, Ms. 
Linda T. Sanchez of California, Ms. Schakowsky, Mr. Stark, Mr. Thompson 
 of California, Mr. Van Hollen, Ms. Schwartz, Mr. Stupak, Ms. Clarke, 
  Ms. Tsongas, Mr. Carson, Mr. Johnson of Georgia, and Mr. Gonzalez) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To encourage, enhance, and integrate Silver Alert plans throughout the 
                             United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Silver Alert Act''.

SEC. 2. SILVER ALERT COMMUNICATIONS NETWORK.

    The Attorney General shall, subject to the availability of 
appropriations under section 8, 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. 3. SILVER ALERT COORDINATOR.

    (a) Coordination Within Department of Justice.--The Attorney 
General shall assign an officer of the Department of Justice to act as 
the national coordinator of the Silver Alert communications network. 
The officer so designated shall be known as the Silver Alert 
Coordinator of the Department of Justice (referred to in this Act 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 a senior who is missing has 
                        been adjudicated by a court to be incapable of 
                        managing his or her own personal affairs (such 
                        as through a guardianship proceeding), or has a 
                        documented diagnosis of a mental illness, 
                        injury, or condition that causes the senior to 
                        be incapable of making personal care decisions; 
                        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) guidelines with respect to the use of the 
                Silver Alert name to readily identify the nature of 
                search efforts for missing seniors; and
                    (D) guidelines 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) Cooperation With Other Agencies.--The Coordinator shall 
cooperate with the Secretary of Transportation, the Federal 
Communications Commission, the Assistant Secretary for Aging of the 
Department of Health and Human Services, and other appropriate offices 
of the Department of Justice in carrying out activities under this Act.
    (d) Reports.--Not later than one year after the date of the 
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.

SEC. 4. MINIMUM STANDARDS FOR ISSUANCE AND DISSEMINATION OF ALERTS 
              THROUGH SILVER ALERT COMMUNICATIONS NETWORK.

    (a) Establishment of Minimum Standards.--Subject to subsection (b) 
of this section, 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 3, 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, physical and mental 
        condition, and modes of transportation available to the missing 
        senior.
            (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.
    (c) Cooperation.--
            (1) Cooperation with agencies.--The Coordinator shall 
        cooperate with the Secretary of Transportation, the Federal 
        Communications Commission, the Assistant Secretary for Aging of 
        the Department of Health and Human Service, and the head of the 
        Missing Alzheimer's Disease Patient Alert Program in carrying 
        out the activities under this section.
            (2) State and local cooperation.--The Coordinator shall 
        also cooperate with local broadcasters and State and local law 
        enforcement agencies in establishing minimum standards under 
        this section, except that 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. 5. 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. 6. 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 or 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 Grant Amounts 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 for the 
        Department of Justice $5,000,000 for fiscal year 2009 to carry 
        out this section and, in addition, $5,000,000 for fiscal year 
        2009 to carry out subsection (b)(3).
            (2) Amounts appropriated pursuant to the authorization of 
        appropriations in paragraph (1) shall remain available until 
        expended.

SEC. 7. DEFINITIONS.

    For purposes of this Act:
            (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. 8. AUTHORIZATION OF APPROPRIATIONS.

    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.
                                 <all>