[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3579 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3579

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 25 (legislative day, September 17), 2008

Mr. Martinez (for himself and Mr. Kohl) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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.

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

              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.
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