[Senate Hearing 107-941]
[From the U.S. Government Publishing Office]
S. Hrg. 107-941
AN AMBER ALERT NATIONAL SYSTEM
=======================================================================
HEARING
before the
SUBCOMMITTEE ON TECHNOLOGY, TERRORISM,
AND GOVERNMENT INFORMATION
of the
COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE
ONE HUNDRED SEVENTH CONGRESS
SECOND SESSION
__________
SEPTEMBER 4, 2002
__________
Serial No. J-107-101
__________
Printed for the use of the Committee on the Judiciary
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WASHINGTON : 2003
____________________________________________________________________________
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COMMITTEE ON THE JUDICIARY
PATRICK J. LEAHY, Vermont, Chairman
EDWARD M. KENNEDY, Massachusetts ORRIN G. HATCH, Utah
JOSEPH R. BIDEN, Jr., Delaware STROM THURMOND, South Carolina
HERBERT KOHL, Wisconsin CHARLES E. GRASSLEY, Iowa
DIANNE FEINSTEIN, California ARLEN SPECTER, Pennsylvania
RUSSELL D. FEINGOLD, Wisconsin JON KYL, Arizona
CHARLES E. SCHUMER, New York MIKE DeWINE, Ohio
RICHARD J. DURBIN, Illinois JEFF SESSIONS, Alabama
MARIA CANTWELL, Washington SAM BROWNBACK, Kansas
JOHN EDWARDS, North Carolina MITCH McCONNELL, Kentucky
Bruce A. Cohen, Majority Chief Counsel and Staff Director
Sharon Prost, Minority Chief Counsel
Makan Delrahim, Minority Staff Director
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Subcommittee on Technology, Terrorism, and Government Information
DIANNE FEINSTEIN, California, Chairwoman
JOSEPH R. BIDEN, Jr., Delaware JON KYL, Arizona
HERBERT KOHL, Wisconsin MIKE DeWINE, Ohio
MARIA CANTWELL, Washington JEFF SESSIONS, Alabama
JOHN EDWARDS, North Carolina MITCH McCONNELL, Kentucky
David Hantman, Majority Chief Counsel
Stephen Higgins, Minority Chief Counsel
C O N T E N T S
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STATEMENTS OF COMMITTEE MEMBERS
Page
Feinstein, Hon. Dianne, a U.S. Senator from the State of
California..................................................... 1
Hutchison, Hon. Kay Bailey, a U.S. Senator from the State of
Texas (ex officio)............................................. 2
Hatch, Orrin G., a U.S. Senator from the State of Utah........... 4
prepared statement........................................... 37
Kyl, Hon. Jon, a U.S. Senator from the State of Arizona.......... 5
Leahy, Hon. Patrick J. Leahy, a U.S. Senator from the State of
Vermont, prepared statement.................................... 46
WITNESSES
Callaway, Robbie, Chairman, Board of Directors, National Center
for Missing and Exploited Children, Alexandria, Virginia....... 6
Farrow, Joseph, Deputy Commissioner, California Highway Patrol,
Sacramento, California......................................... 13
Fritts, Edward O., President and Chief Executive Officer,
National Association of Broadcasters, Washington, D.C.......... 11
Klaas, Marc, Sausalito, California............................... 16
Timmons, Sharon, Riverside, California........................... 8
SUBMISSIONS FOR THE RECORD
Callaway, Robbie, Chairman, Board of Directors, National center
for Missing and Exploited Children, Alexandria, Virginia,
prepared statement............................................. 24
Farrow, Joseph Deputy Commissioner, California Highway Patrol,
Sacramento, California, prepared statement..................... 31
Fritts, Edward O., President and Chief Executive Officer,
National Association of Broadcasters, Washington, D.C.,
prepared statement............................................. 35
Klaas, Marc, Sausalito, California, prepared statement........... 39
Timmons, Sharon, Riverside, California, prepared statement....... 48
AN AMBER ALERT NATIONAL SYSTEM
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WEDNESDAY, SEPTEMBER 4, 2002
U.S. Senate,
Subcommittee on Technology, Terrorism, and Government
Information,
Committee on the Judiciary,
Washington, D.C.
The Subcommittee met, pursuant to notice, at 10:10 a.m., in
room SD-226, Dirksen Senate Office Building, Hon. Dianne
Feinstein, Chairman of the Subcommittee, presiding.
Present: Senators Feinstein, Hatch, Kyl, and Hutchison [ex
officio.]
OPENING STATEMENT OF HON. DIANNE FEINSTEIN, A U.S. SENATOR FROM
THE STATE OF CALIFORNIA
Chairperson Feinstein. This hearing will come to order.
I would like to begin by welcoming everyone and apologizing
for the change of time. This hearing was supposed to be this
afternoon, but we got word that Secretary Rumsfeld was going to
have a Members-only briefing and so we changed the hearing to
this morning. That meant a lot of discomfort for our witnesses,
who made a really heroic effort to be here.
I want to particularly thank Nichole and Sharon Timmons,
who took the red-eye all the way across the country last night
to be with us, and Marc Klaas, who took a train early this
morning to get to Washington from New York. We are very
delighted to have you here.
I have asked Senator Hutchison, who is the main sponsor--I
am the cosponsor and she is the main sponsor of this
legislation--to join us on the dais. Senator Kyl, who is the
ranking member of this Subcommittee, is on his way.
We are delighted also to have the Ranking Member of the
overall Committee present with us today, and that is Senator
Orrin Hatch, who has a great interest in this subject and was
present yesterday at our press conference.
I have joined in supporting this legislation because I
truly believe it is going to save the lives of a number of
children who are kidnapped by predators.
What are AMBER Alerts? AMBER Alerts are official bulletins
broadcast over the airwaves to enlist the public's help in
tracking down abducted children who are facing imminent danger
from their kidnappers. AMBER Alerts have really worked. I can
give you many examples, but I am not going to do that because
we have got living examples right in front of us.
Each year, more than 58,000 children in the United States
are abducted by non-family members, often in connection with
another crime. The most dangerous type of child abduction, the
abduction by a stranger--in that instance, fully 40 percent of
children are murdered. Speed is crucial to any effective law
enforcement response to these most deadly cases.
According to a study by the United States Department of
Justice, 74 percent of children who were abducted and later
found murdered were murdered in the first hours after being
taken. So AMBER Alerts have become a proven weapon in the fight
against stranger abductions, especially in those cases where an
abducted child is facing an imminent threat of harm.
The program was named after 9-nine-year-old Amber Hagerman,
who was kidnapped and murdered in Arlington, Texas, Senator
Hutchison's State, in 1996. Nationally, since 1996, AMBER Alert
has been credited with the return of 29 children to their
families, including one case in which an abductor reportedly
released the child after hearing the alert himself. In other
words, he was on the highway with the child and he saw the
signs and he stopped and let the child out of the car. That is
rather dramatic testimony of how this can also be a deterrent
to the crime.
I am delighted that we have representation here from the
California Highway Patrol because since the State of California
first adopted AMBER Alerts just a month ago, the State has
issued 13 AMBER Alerts. Now, of those 13, 8 involved abductions
by strangers, 4 involved abductions by family members, and one
was a misstep. Twelve of the 13 children were returned. Now,
that is unbelievable statistical testimony. Although obviously
the numbers are small, the fact that 12 were returned is really
extraordinary.
So, today, we are here to discuss a bill. It has three
specific points, and I am going to let either Senator Hatch,
the Ranking Member, or Senator Hutchison--I want to leave some
material for them, so the way we are going to proceed is I am
going to ask Senator Hatch if he would like to make a
statement, and then Senator Hutchison, and then we will proceed
to introduce the panel and hear from those of you who have come
so far to be here.
So, Senator Hatch, welcome to our Subcommittee. We are
delighted to have you and thank you for your interest in this.
Senator Hatch. Thank you, Madam Chairwoman. Why don't I
wait for my statement and let you two major sponsors go first?
Chairperson Feinstein. Well, that is very generous of you.
Senator Hutchison, welcome to the Subcommittee. We are
delighted to have you, and thank you so much for your
leadership on this issue.
STATEMENT OF HON. KAY BAILEY HUTCHISON, A U.S. SENATOR FROM THE
STATE OF TEXAS
Senator Hutchison. Well, thank you, Senator Feinstein. I
was so heartened when I heard that you were setting a hearing
this week. I appreciate very much Chairman Leahy and Senator
Hatch, the Ranking Member, agreeing to that because it does
mean that we are on a fast track.
It is my fervent wish that we would be able to pass our
bill before the end of this session because I would hate to
leave in October and have the months that we could be using to
organize AMBER Alerts for interstate abductions to pass. So I
am very pleased that you are holding this hearing, and I think
that with Senator Leahy and Senator Hatch we will be able to
make progress.
I, too, want to thank all of the witnesses who have come to
talk about this issue. Every single one of you has a personal
story. You have had a part in the volunteer efforts so far that
have been so successful, and now what Senator Feinstein and I
want to do is just make it a little easier.
This is a simple bill. It is not a massive, new
bureaucracy. It is not a big expenditure, but it is just making
sure that that harried law enforcement officer that is dealing
with this crisis can make one phone call and not have to worry
about contiguous States getting immediate notification. That is
what we want to do and just connect the systems, and also be a
resource for States that don't have systems now.
Most States don't have systems. Even my home State of
Texas, which started the AMBER Alert on a local level, doesn't
have a statewide system. But it really came home to all of us
when we saw the statewide system in California be so effective
in helping to capture the abductor of the two teenage girls who
were probably 5 minutes from being killed, but because of the
quick notification and the help of people on the highways, were
able to be saved.
Let me just first say that without the National Center for
Missing and Exploited Children and the National Association of
Broadcasters, we would not have the 28 success stories that
Senator Feinstein just mentioned. And that was all done with a
little bit of Federal funding, but a whole lot of volunteer
effort. We appreciate the National Center and the National
Association of Broadcasters working with us to make sure that
our bill coordinated and moved forward rather than in any way
hampering the efforts that are already in place.
I am particularly pleased that Nichole Timmons is with us
today because she is one of our most recent AMBER Alert success
stories--10 years old, from Riverside, California. The alert
was delivered in California, but also in neighboring States. Of
course, we know that Nichole was found in Nevada, and what a
wonderful opportunity for us to be able to have Nichole and her
mother here with us today. I think that Nichole's case shows
the need for the national AMBER network.
What our bill would do is establish an AMBER Alert
coordinator within the Department of Justice to assist States
with their AMBER Alert plans, all the States that don't have
them, and to try also to set minimum voluntary standards that
would help the States coordinate.
All of us are very cognizant of the fact that we could
overdo this and have so many alerts that people stop looking at
the signs. We do not want to do that, so the AMBER Alert
coordinator would set standards and make the decision based on
those standards.
Also, our bill, second, does provide for a matching program
for setting up AMBER Alert programs or necessary equipment,
such as signage that was so effective in California and is now
being used in other States at a very minimal cost.
The AMBER Alert gives the public a chance to do something
positive. We all have this clutch. All of us are parents. We
see a missing child story and all of us go, oh, my God. That is
the worst thing that could happen to a parent is to find that
their child has been abducted. So we wanted to channel this
public grief into a positive purpose, and that is what the
AMBER Alert has done.
Our AMBER Alert bill actually is named for Amber Hagerman,
who was murdered in Arlington, Texas, in 1996. But it also
stands for what we are trying to do: Americans Missing
Broadcast Emergency Response. That is what our AMBER bill
stands for.
So we are very pleased to have introduced our bill
yesterday, our first day back in session. We have 26
cosponsors, equally divided between Republicans and Democrats.
And my belief is that as soon as this bill is marked up and
comes out of Committee, we will pass it unanimously through to
the Senate, go to the House, and I think the President will be
able to sign this bill that ties everything together.
It is such a minimal effort for such a huge reward. When we
can save 1 child or 10 children or 28 children because of a
broadcast or a signage, it is so rewarding to be able to say
this simple fact and the spirit of the American people wanting
to help this family in distress will make a difference.
So I thank you, Senator Feinstein, for moving forward, and
once again I thank all of you for the support. I thank Senator
Hatch and Senator Leahy for helping us expedite this bill and
making it a priority for our country.
Thank you.
Chairperson Feinstein. Thanks very much, Senator.
Senator Hatch.
STATEMENT OF HON. ORRIN G. HATCH, A U.S. SENATOR FROM THE STATE
OF UTAH
Senator Hatch. Well, thank you, Madam Chairwoman. I want to
thank you and the distinguished Senator from Texas, Senator
Hutchison, for your work in this area. It means a lot to me
personally and it means a lot to all of my fellow Utahns, and
of course I think everybody in this country, to have this very
meaningful legislation pass.
I think enough has been said about it, but I just want to
say that Elaine and I are parents to 6 children and
grandparents of 20. I have to tell you I remember when our kids
were being raised, when they were growing up, whenever we went
anywhere publicly, I just about went crazy trying to keep track
of them at all times.
I think the problems of today are much more problematic
than they were back then. I can just sympathize and empathize
with parents who are worried about their children in this
modern day and age, with some of the people that are doing some
of these things. This bill will go a long way toward helping us
to try and at least do what we can initially to try and stop
what is going on. So I want to thank both of you for holding
this hearing.
I will put the rest of my remarks in the record, but I
would like to suggest to you, Madam Chairwoman, that you are
holding this hearing today. We ought to talk to the Chairman of
the Committee and I will talk to our folks on our side. I think
we ought to have this on the markup tomorrow. Is that what you
are going to do?
Chairperson Feinstein. Yes, I had mentioned that to my
staff and my hope is that we can arrange that. Senator Leahy
has been very cooperative and very helpful.
Senator Hatch. I am sure he will be, and I think everybody
on the Committee will be. What we should do is mark it up
tomorrow, get it immediately reported to the floor, and get it
out before this week is over. It will take some time to
implement this in the way it should be implemented. That way,
we would save every possible minute we can.
I want to just thank you for your leadership in this area.
You and Senator Hutchison have just been tremendous leaders on
this, and we will do everything in our power to help get this
done.
I want to thank our witnesses and welcome all of you here.
I know that it has been a very difficult thing for you to come
and fly all night, and for, Mr. Klaas, whom we have respected
so much on this Committee, to get here this morning. But each
one of you has made a real difference in these types of issues
throughout our country. I have respect for all of you on this
panel and it is tremendous for all of you to be here to help us
to understand this better and, of course, to do the things that
we need to do.
Thanks, Madam Chairman.
[The prepared statement of Senator Hatch appears as a
submission for the record.]
Chairperson Feinstein. Thank you very much, Senator Hatch.
I would now like to acknowledge the presence of the ranking
member of this Subcommittee. I came on this Subcommittee when
Senator Kyl was the Chair of the Subcommittee, and so we have
worked together, I think, for at least 6 years as either Chair
or ranking member of the Subcommittee.
There has been no one that has been better for me to work
with than Senator Kyl, and I know he is very interested in this
issue and I am delighted that you are here. I asked Senator
Hutchison to join you and your staff said they were certain you
wouldn't mind if she sat right here.
Senator Kyl. Absolutely.
Chairperson Feinstein. If you would like to make some
remarks, Senator?
STATEMENT OF HON. JON KYL, A U.S. SENATOR FROM THE STATE OF
ARIZONA
Senator Kyl. Thank you, Madam Chairman. Just to say that
one reason we have been able to cooperate so well is because
Senator Feinstein always has very good ideas. It has been easy
to work with Senator Feinstein because of the innovations that
she has come up with, including with Senator Hutchison and
others on this important issue.
I came to hear the witnesses, not that I don't appreciate
my colleagues' comments, but we have talked and I am very
supportive and certainly concur with what Senator Hatch was
just saying on the speed with which we could try to move this
legislation.
Therefore, Madam Chairman, instead of commenting further, I
will defer my remarks, commend you for holding the hearing,
Senator Hutchison for her statement, and look forward to
hearing from each of you.
Chairperson Feinstein. Well, thank you very much, Senator.
Now, we will proceed to the best part, which is hearing
from our witnesses. We are going to begin with Robbie Callaway.
Robbie Callaway is the Chairman of the National Center for
Missing and Exploited Children. That Center has helped to
recover more than 48,000 children and has gained wide
recognition as a valuable resource for missing and exploited
children.
In the fall of 2001, the Center launched the AMBER Plan to
assist cities and towns across the United States in creating
emergency alert towns; in other words, just what we are trying
to do here. To date, the AMBER Plan has been credited with
recovering 30 children.
Robbie is accompanied, I believe, by Joanne Donelan, who is
the Center's AMBER program manager.
Mr. Callaway, we are delighted to have you.
I am going to ask all the witnesses if you could try and
limit your remarks to 5 minutes, we will place any written
statements in the record, but it will give us a little more
time to ask some questions.
STATEMENT OF ROBBIE CALLAWAY, CHAIRMAN, BOARD OF DIRECTORS,
NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN, ALEXANDRIA,
VIRGINIA
Mr. Callaway. Thank you very much, Madam Chairwoman and
members of the Subcommittee.
I can't help but reflect as I sit at this table one of the
first times I ever sat at this table I didn't have gray hair
and neither did you, Senator Hatch, and it was about 22 years
ago when John Walsh lost his son and we came up here to try to
get Congress to address the issue.
The difference in then and now is amazing. Listening to you
speak and listening to what you are talking about, and having
felt the agony of John and knowing the agony that Marc Klaas,
and sitting here with joy and looking at this young girl, this
is not part of the testimony, but the joy here versus the pain
that Marc and John have felt--what you are going to do is help
make more of this, the joy. So we are very excited to support
it from the National Center.
The recent recoveries of kidnapped children have shown that
the AMBER plan works and that communities need to adopt the
program. We support the legislation because we think every
community should have the same possibility that they had in
California with those two young girls that I don't care what
anyone says, had it not been for the AMBER plan, those two
girls would never have been found alive.
Having been involved in this issue since the original
Missing Children's Act, I have seen too much of the other. And
to see those two girls survive--you had some commentators
criticize the AMBER plan or say should we have done it. Those
girls would not have been found alive. You know that.
Statistics will show you that of kidnapped kids, 74 percent
of those kids that are found murdered would have been murdered
within the first 3 hours. In the old days, we used to think it
was a big deal at the National Center for Missing and Exploited
Children 18 years ago when we got posters in video stores that
were there 45 days after a kid was missing. You have the
ability to get that out within the first hour and to save kids.
This is about saving lives.
We endorse the legislation because the Center has a major
history here, as you know. We have supported successful
programs. The AMBER plan was not created at the Center, but it
was supported and endorsed by the Center; it was pushed by the
Center.
As Senator Hatch knows, this is not my full-time job. I am
not paid to say this. This is my volunteer activity. I work for
Boys and Girls Clubs of America. I have devoted my life to 3.3
million kids that we are serving. This is my passion, this
issue, and I am very excited about it.
Joanne Donelan--as we say, we hired her at the National
Center 2 years ago to do nothing but the AMBER plan. She is
part of the reason that 30 kids have been found, and that we
can smile and see Nichole. I think Sharon is going to talk even
more about that than I will.
The National Center created this AMBER Alert kit. I think
copies are going to be made available for everybody on the
Committee. This has been put out to law enforcement, to the
broadcasters, to others, and if you don't have one, we need to
get one to each of you.
What does it have in there? Part of what it has in there--
and I happened to listen to one of the news stories last night
and they said, well, we can't be putting these alerts all the
time. Nobody wants to put these alerts out all the time. We are
talking about maybe two a week across the entire United States
of America. Do you want two Nicholes or do you want the
alternative?
In the old days, when a child was found it was the greatest
joy we ever had. This helps, you help. What this will do is
help law enforcement to confirm that a child has actually been
abducted. It is not a runaway, it is not even a parental
dispute. The child has been abducted. Law enforcement is fairly
certain that there is a chance of serious harm and possibly to
the child.
Third, there is descriptive information about the vehicle
so that they put it out there, that somebody can actually find
the car, or the car that the child is in. The child has to have
been threatened. We know that.
The National Center has worked with the National
Association of Attorneys General, the National Sheriffs
Association, the International Association of Chiefs of Police
and the Fraternal Order of Police in an effort to promote the
national implementation of this program.
You have already talked about the 30 kids that have been
recovered. Today, there are 18 statewide AMBER plans. There are
55 plans, in total; 18 of them are statewide. A lot of that has
happened over the last year.
Why do we support this legislation? It allows you to go
across State lines. California is a big State. As you know, in
some cases kids will be going across State lines--Utah. They
may be going into another State. Texas--I know that was a big
issue for you, Senator Hutchison, Texas, and possibly going
into another State.
We are encouraged by the AMBER coordinator at the Justice
Department. It is a great idea. Honestly, we strongly encourage
you before you mark the bill up tomorrow to add one amendment
to it and put in there that that AMBER coordinator at the
Justice Department work with the National Center for Missing
and Exploited Children, possibly even be placed there.
The Center has been doing this for 20 years. Joanne has
been hired to do this work. The Justice Department likes
working with the Center. And, again, we are talking about 3
hours from the time it takes for the person from the Justice
Department to make the call over there. That person should be
there. They should be right there with all the resources that
the National Center has.
I see the red light is on and I just want to say thank you.
Again, it is such a different experience than it was over 20
years ago when we first started talking about this issue. And
just for the two of you, it was a woman Senator at the time,
Senator Paula Hawkins, who led the way back then, and Senator
Hatch and Senator Thurmond and Senator Leahy and Senator Biden
jumped on this issue and they have been with us ever since.
Thank you very much.
Chairperson Feinstein. Thank you very much, Mr. Callaway,
and let just say this. I didn't mention your Boys and Girls
Clubs work, but I wish there were more people like you who
really are willing to dedicate their lives to young people. We
need that very much in this country. So I just want to say
thank you very much.
Mr. Callaway. Thank you.
[The prepared statement of Mr. Callaway appears as a
submission for the record.]
Chairperson Feinstein. The next witnesses will be Sharon
and Nichole Timmons. Sharon Timmons comes from Riverside,
California. She is a sales representative for United Road. That
is a trucking company that transports automobiles. She is also
the mother of 10-year-old Nichole.
I would like to make a special note that Sharon and Nichole
took a red-eye flight, as I mentioned, to be here. That is
really tough duty and so I want to give them double thanks.
This summer, both Sharon and Nichole learned firsthand of
the importance of statewide coordination of AMBER Alerts. On
August 19, an AMBER Alert was sent out to a number of States to
help search for Nichole, after she was abducted from her
California home by the family's gardener. The suspect was
apprehended in Nevada and Nichole was safely returned home.
Sharon, let me thank you very much for being here and we
would very much like to hear from you, followed by Nichole.
STATEMENT OF SHARON TIMMONS, RIVERSIDE, CALIFORNIA
Ms. Timmons. Thank you for having me. I was very honored to
be invited here. I was very excited because I wanted to share
with you that my life wouldn't be the same without AMBER Alert.
So I wanted to thank everybody and just do something back for
the other children.
I was so excited I actually forgot I was afraid of flying.
I was like, oh, what am I doing? But we made it, we did good,
and I just wanted to let you know that I have been in Riverside
for 25 years. I have lived in the same house for 19 years. I
have the same neighbors. Up until 5 years ago, I used to be
considered the new neighbor. That is how stable and nice our
neighborhood is.
And you just never think things will happen, and then all
of a sudden you walk into the room--while I was opening up the
door, even when I was opening the door I was thinking I didn't
shut the door last night. And you just open the door and your
whole life changes.
She has a messy room and the room was a different kind of
messy. The stuffed dog wasn't in the right place. It was on her
bed. It is never on her bed. And the blankets were all
different, just different. And you kind of really get lost in
confusion, like ``hey.''
We had a big deal the night before about what Barbie was
going to wear to bed, and I was ``I want to go to bed, I want
to go to bed now.'' And then you think, OK, what is a couple of
minutes? We will fix Barbie up. And then to see Barbie not
wearing the dress, flung around the room--everything was
different.
She is very much--Barbie sleeps here, Scooby Doo sleeps
here, and everybody has to be put to bed. And just to walk in
and see the bed and nothing is the same, it rocked my world, it
did. Honestly, if it wasn't for the AMBER Alert, it would have
shattered my world because I would have never gotten her back.
Chairperson Feinstein. Tell us a little bit about what
happened after that.
Ms. Timmons. The police came; the original one came and
asked me her description and what she was wearing and what kind
of conversations we had, trying to determine was there any
arguments or anything, so they had a place to look; where my
ex-husband lived, people that I have been talking to lately,
people that have been in my house lately, any work done in my
house. They were overlapping lots of different situations that
could have happened. They were making me think a lot, which
really helped, because I could see that they were overlapping
all different situations.
The second gentleman that came, came to tell me about the
bloodhound. They were taping off my house at the time, which is
such a strange feeling to see the tape up. Then they told me
that Patsy, the bloodhound, would be going into her room. They
didn't want to mess up the evidence. So they were trying to
make me feel calm about what they were doing. So they dog could
be in her bed and get the smell of her.
And then a lot of police came on motorcycles. I live on a
little hill and they all kind of came up. I know this sounds
strange. They didn't look like people; they looked like big
army ants or robots or something, the way they pull up on their
bikes. They all turn their wheel at the same time. All the
lights went off right in a row and they all kind of kicked back
on their bikes and got off their bikes all at the same time and
walked up.
I lost it because it was like ``oh, my gosh, it is so
real.'' In your brain, you could push it aside and push it
aside. No, no, something is not right here; maybe she is
playing with a little boy, or something that you can relate to.
But when you see them all walking up your driveway, it is like
it is real, it is really real.
Anyway, they actually took me across the street and they
had lots of detectives asking me questions and they kept me
busy. So there is a piece of it that is easier for me than
sitting on the sidelines because they had me working, profiling
people that I know, or situations, or thinking, thinking,
thinking. I could tell that they were really working hard.
I had this thing in my head that I could not cry; do not
cry. I kept going over and over and over, and mix that up with
empty cheetah print sheets and an open back door, and then you
go back and forth and back and forth like a bad movie.
So they had me across the street where I could be calm, and
they would all come and talk to me and they would confer with
each other. Then they told me that they were going to do the
AMBER Alert, and at this period of time I had no concept of
time.
Chairperson Feinstein. How long did it take before they
went to the AMBER Alert?
Ms. Timmons. Well, the problem was her father went to the
Philippines. Her father told me he was living Sunday evening.
So I called the office right away and the office girl said, oh,
no, he left this morning. So we had to get rid of that first
because he could have just taken her and then we would know
where she was. So we had to eliminate that.
And then after that was eliminated, I guess a lady had
called in to say that she took them personally to the airport
and Nichole was not with them. They can eliminate that. Then it
was on. They told me, OK, we are going to put it on, because I
wanted to make sure I called my parents. I wouldn't call my
parents because that makes it real. So once that happened, it
seemed like minutes, but I am sure it wasn't. But it seemed
like minutes.
Once they told me, it seemed like I had talked to my mother
for a while and the next thing I know, the man comes in and he
has a big smile on his face and he is saying we have already
gotten 200 phone calls. People were calling from all over and I
couldn't believe the response.
The calls were from people wanting more information of what
they were looking for. I guess a gentleman at Sears had worked
on the truck and he thought he would help with an additional
description. He had a lift gate on the truck. And, of course, I
didn't know what they were calling. I just heard there were 200
calls. But there was a point where I remembered there was a
lift gate.
So oh, my gosh, I know the people would help the people
better if they could find that one thing on the truck that is
different than everybody. And when I told him, he says, oh, no,
we already knew that an hour ago, because somebody had called
in. So that gave them an extra jump.
Chairperson Feinstein. And then how long was it after the
alert went out when you knew Nichole was safe?
Ms. Timmons. It had to be less than 3 hours. It was in the
3-hour time--I am not really sure. I tried to ask a couple
times what time things were because I really couldn't tell you
if it was 5 minutes. Some aspects of your brain are going so
fast and then slow motion. It was only hours. And it seemed
like really it was only within the first half hour we got the
200 calls because he came in just really positive.
Chairperson Feinstein. Do you think Nichole now would be
willing to tell us what happened to her? I don't want to push
her. If she doesn't want to, that is fine.
Ms. Timmons. Will it help if I get her started?
Chairperson Feinstein. Don't push her. If she would like
to, it would be helpful to us. If not, we understand.
Ms. Timmons. She didn't want to talk about it a lot at all
and she was pretty adamant about kids asking her questions. I
don't know if it is OK if I say this, but 1 day we were
driving, just a few days ago, and all of a sudden she blurted
out something. She goes, ``Hey, mom, do you know you can cry
all the way to your feet?'' And it was like, oh, my gosh, she
was telling me how the tears just jump out and land on her
feet.
And I go, ``What do you mean?'' She goes, ``I was crying
and crying and crying.'' Well, that kills me because the whole
time she was gone, you don't know what is going on. I don't
know how she feels. She hasn't said a lot.
Chairperson Feinstein. Would you be prepared to say,
without going into the facts of the case, that it had not been
for the AMBER Alert that you may have lost her?
Ms. Timmons. Oh, I know it, I know it. Based on what she
has told me, they weren't coming back. I don't know exactly
where they were going, but he is totally capable of living in
the woods for a long time because of his background.
Chairperson Feinstein. Well, thank you, thank you both
very, very much.
[The prepared statement of Ms. Timmons appears as a
submission for the record.]
Chairperson Feinstein. We will move on to Mr. Edward
Fritts. Mr. Fritts come to us from the National Association of
Broadcasters. He has held the position of President and CEO for
the past 20 years. The Broadcasters represent more than 7,500
local radio and television stations all over the country. He is
a former owner of a group of small-market radio stations, where
he learned the value of localism and community service
performed by broadcasters. We know broadcasters play a major
role in the AMBER Alert program.
So, Mr. Fritts, we would love to hear your experience and
any thoughts you may have.
STATEMENT OF EDWARD O. FRITTS, PRESIDENT AND CHIEF EXECUTIVE
OFFICER, NATIONAL ASSOCIATION OF BROADCASTERS, WASHINGTON, D.C.
Mr. Fritts. Thank you, Madam Chair, Senator Hutchison,
Senator Hatch, Senator Kyl. I am pleased to be here, and thank
you for inviting me to be here and to support this legislation
on behalf of the National Association of Broadcasters.
As you mentioned, the NAB represents the local broadcast
industry, with member stations in virtually every city and
community in this country. We are pleased to support this
legislation. We think that in recent weeks, all of us have
learned that the issue has never been more relevant.
Particularly following the poignant testimony that Sharon and
Robbie have presented today, I think that all of us are very
touched by the living experience that we have witnessed.
We are also pleased that our colleagues in Texas originally
developed this plan as the result of a tragic abduction and
murder in their community. Since then, broadcasters have
continued to play a central role in this plan, and we are
pleased to continue that role by announcing our support for the
National AMBER Alert Network Act of 2002.
We believe this legislation can significantly accelerate
the adoption of AMBER plans throughout the country. This
voluntary AMBER plan harnesses the relationship between local
stations and law enforcement to aid in the recovery of abducted
children.
As has been mentioned today, over 30 children have been
recovered as a result of this particular plan, and I think all
of us recognize that you can't put a value on a child's life.
Every plan, of course, is unique to its own community, but
there are three basic criteria that need to be met before an
alert is activated.
First, law enforcement confirms that a child has been
abducted. Second, they affirm that the circumstances
surrounding the abduction indicate that the child is in danger
of serious bodily harm. Last, there must be enough descriptive
information about the child, the abductor, or a suspect's
vehicle to make an imminent broadcast alert productive.
Broadcasters are uniquely positioned to disseminate this
information rapidly to the entire community. No other industry
is capable of broadcasters' reach in conveying this type of
information.
Consider this: while driving their vehicles, as many as 95
percent of adult motorists listen to their local radio
stations. This, coupled with television, means that local
broadcasters have the ability to get the information to the
public with unparalleled immediacy.
Our partners at the National Center for Missing and
Exploited Children have statistical evidence to back this case
up. But as Robbie said, in the case of an abduction time is
absolutely critical. As such, it only makes sense that we use
our ability as broadcasters to assist law enforcement in the
safe recovery of abducted children.
Recognizing the value of this plan, NAB partnered with the
Center and with the Justice Department to develop this AMBER
Alert kit. It has been distributed to all broadcasters and to
many law enforcement units around the country.
When we began this effort, there were 28 AMBER plans in
place last fall. Today, there are 55 community, State or
regional plans, and we expect more to be rolled out by year's
end. I believe the AMBER plan is especially significant because
its growth and success have exemplified the twin traditions
that have historically guided our industry, namely localism and
commitment to public service.
In terms of localism, the system has been effective
precisely because it is flexible to the local community.
Depending on the information that law enforcement provides,
stations can send out alerts in a single community or
statewide, or even regionally when interstate travel may be
involved.
Again, Madam Chair, our industry is proud today to endorse
this legislation. However, anyone who has been in Washington
for any length of time knows that good bills sometimes can be
poorly implemented. So I would like to touch upon three
principles that have guided the AMBER plan thus and that this
legislation recognizes and we hope will continue.
First, broadcasters are central to the plan because of our
ability to disseminate this information on a moment's notice.
Second, the AMBER plan remains voluntary and flexible,
thereby allowing local law enforcement to work closely with
local stations in each of our local communities.
Third, it is critical that the plan be used only in cases
of abduction where there is an imminent threat of harm.
Let me reemphasize that we stand ready to work with you as
this legislation moves through the Committee and through the
Congress. As someone once said, children are the flowers of
life. As a father and a grandfather of four myself, I could not
agree more. Protecting the most valuable of our society, our
children, must be a top priority for all of us.
Thanks again for having me and I look forward to answering
questions.
Chairperson Feinstein. Well, let me just say thank you,
and I think I speak for all the members present. The
broadcasters are vital to this. I have heard some people sort
of nip and tuck around the edges by saying, well, you are going
to have an interruption of programs four times a day, five
times a day; this thing will never last.
But you know what the facts are and it is so important that
your participation is as eager and as sensitive as it is. As
you have mentioned, in this legislation there is a setting of
national standards for what can constitute an AMBER Alert, so I
think that problem.
So thank you very much for the support.
Mr. Fritts. I think it is just a matter of education. The
more we get the word out, the more people will be supporting
this.
Chairperson Feinstein. That is right, so thank you very
much.
[The prepared statement of Mr. Fritts appears as a
submission for the record.]
Chairperson Feinstein. Next is Joseph Farrow. Joseph
Farrow was recently selected as Deputy Commissioner--that is
the No. 2 person--of the California Highway Patrol, which is a
huge highway patrol and a very distinguished one. He continues
his record with the Highway Patrol. He has been in the
department for 22 years. He assists in the commanding of over
10,000 employees and he also oversees California's Child Safety
AMBER Alert Network.
So I am very hopeful that you will tell us how California
does it and any suggestions that you might have would be very
welcome.
Thank you, Mr. Farrow.
STATEMENT OF JOSEPH FARROW, DEPUTY COMMISSIONER, CALIFORNIA
HIGHWAY PATROL, SACRAMENTO, CALIFORNIA
Mr. Farrow. Good morning, Madam Chairwoman and Committee
members. As the Chair said, my name is Joe Farrow. I am the
Deputy Commissioner of the California Highway Patrol. It is an
honor to appear before you this morning to discuss California's
Child AMBER Network which has contributed to the safe recovery
of several abducted children in the State of California. Our
comprehensive AMBER program is a great source of pride for
Governor Gray Davis, the California Highway Patrol, and law
enforcement agencies throughout California.
As many know, efforts to develop and disseminate tools for
States to respond rapidly to stranger abductions have been
underway for a few years. The original AMBER Alert program was
named after 9-year-old Amber Hagerman, who was abducted and
murdered in Arlington, Texas, in 1996.
The nucleus of the California AMBER Alert Network is the
Emergency Alert System, which can, with media assistance,
temporarily preempt radio and television broadcasts and provide
information to the public regarding a child abduction incident.
To capture the attention of the public, the emergency messages
are to be preceded and concluded with alert tones.
In developing the California Child Safety AMBER Network,
Governor Davis directed the California Highway Patrol to serve
as the centralized point of contact for the statewide
activation of the EAS system. The California Highway Patrol now
has the equipment necessary to broadcast to all local law
enforcement agencies or do a multi-regional activation of this
system.
The goal of our program is to bring the eyes and ears of
millions of California residents together with law enforcement
officials to maximize search efforts and ensure the safe
recovery of abducted children. However, to ensure that the
public remains sensitive to the activation of the system, an
AMBER Alert will only be initiated in California when the
investigating law enforcement agency has confirmed all of the
following: first, that an abduction has occurred; second, that
the victim of the abduction is 17 years of age or younger, or
has a proven mental or physical disability; third, that the
victim is in imminent danger of serious bodily injury or death;
and, last, that there is information available that, if
disseminated to the public, could assist in the safe recovery
of the victim or apprehension of the suspect.
This summer, the California Highway Patrol created a
notification center which operates 24 hours a day, 7 days a
week, which can assist local law enforcement agencies with the
immediate initiation of a statewide AMBER Alert. Since
California is a large State with an extensive system of
highways, we have tied the system to a system that addresses
our particular communication needs.
Using our effective changeable message signs and our
highway advisory radio system, we now transmit information to
the motoring public regarding a confirmed child abduction case,
which as proven invaluable in the realization of our basic and
most fundamental goal, which is the safe return of children.
The California system also activates the Emergency Digital
Information Service. The Emergency Digital Information Service
was created in 1989 following the Loma Prieta earthquake to
improve communications and serve as a simple, comprehensive
means to get detailed emergency information to the public. This
service provide local, State and Federal law enforcement
agencies with a direct computer link to media outlets and other
agencies.
Text messages may be sent via the State's law enforcement
telecommunications system, while images and graphics may be
sent over the Internet. Emergency Digital Information Service
messages provide all relevant information regarding a child
abduction, such as child information and suspect and vehicle
descriptions, to other law enforcement agencies throughout the
State and the media. This information can also be disseminated
through text pagers to law enforcement officials and media
representatives.
Another tool we use is a computer-based system called
Technology to Recover Abducted Kids, or otherwise widely known
as TRAK. TRAK technology is an image-based system linking
State, county and local law enforcement agencies. The TRAK
system can capture and immediately distribute color photographs
and images to thousands of law enforcement agencies, media
outlets, hospitals, and private organizations. There are
approximately 1,200 systems being used by various law
enforcement agencies in 32 States. California alone has 488.
Finally, we incorporate Internet sites as part of our alert
system. Child abduction information, photographs and
descriptions can be posted on Internet sites, including the
California Highway Patrol media Web page that is accessed by
media outlets throughout the State.
We are learning much in our role as statewide coordinators
for rapid response to child abduction cases. We continue to
improve our system with deployment of additional TRAK systems,
upgrading of alerting technologies, and training for law
enforcement, the media and the public.
We have found that partnerships with child abduction
groups, such as the Klaas Foundation, the National Center for
Missing and Exploited Children, media outlets, and organized
highway user groups such as the California State Automobile
Association and the commercial trucking industry, are key to a
successful alerting system.
We also recognize that we are very fortunate to have a
Governor and congressional delegation that care about this
issue and have provided us with the resources needed to rapidly
consolidate and expand this program.
The California Child Safety AMBER Network should be
considered in developing a national model. Although the
Emergency Alert System is a nationwide system which can and
should be used as part of any child abduction notification
process, we believe a comprehensive program which utilizes a
variety of resources is critical to the development or
deployment of any successful child abduction notification
system.
A national coordinator of AMBER Alert programs could prove
beneficial, assuming they coordinate and do not mandate, and
should be shaped with the input and assistance of State law
enforcement and AMBER Alert coordinators.
I was going to share with you a couple of examples--they
are in my prepared notes--of some of the success cases that we
had in California. But after meeting Nichole, I don't think I
really need to do that. I would just add one thing that she
left out. When that AMBER Alert went out, it went out statewide
and it went out within the first hour after the abduction.
The individual that saw this on the television was a motel
owner in Hawthorne, Nevada. He saw the vehicle and immediately
notified the Nevada Highway Patrol, which had an officer in
position who apprehended the suspect and returned Nichole
safely all within a few hours. If it wasn't for the AMBER Alert
program, I fear the worst.
So this is a success story. I have other stories in my
prepared notes that you can read later. The incidents that you
will see in my prepared notes highlight the benefit of a
statewide, and in the case of Nichole, interstate notification
system to recover abducted children.
In California, this program is intended to unite all of our
residents in the search for an abducted child. When a child is
abducted and an AMBER Alert is initiated, every parent, media
representative, police officer, highway worker, and member of
the community are called into action. Although a comprehensive
nationwide notification system cannot always guarantee a safe
recovery in every instance, it significantly increases our
chances of a safe and timely recovery.
In short, we have an obligation to use every resource
available in a coordinated and cooperative fashion to ensure
the safety of our most precious resource--our children.
Madam Chair, I thank you for the opportunity to testify
before you and this distinguished Committee. I would be pleased
to answer any questions that you might have.
[The prepared statement of Mr. Farrow appears as a
submission for the record.]
Chairperson Feinstein. Thanks very much, Mr. Farrow. We
appreciate your testimony.
Now, last, but far from least, is Marc Klaas. I remember,
because I was in California in 1993, the kidnapping and murder
of his daughter. It was one of the first times we had ever seen
someone come into a home, into a bedroom, and take a child. And
it was such an egregious case, it was so heinous and horrendous
that it really, I think, mesmerized the entire State, and there
are very few of us who will ever forget Polly Klaas.
The one good thing to come out of it really has been what
Marc Klaas has done since, and that is to really dedicate his
life to becoming, I think, a very eloquent and knowledgeable
spokesperson, as well as the head of an organization called
Klaas Kids that is really dedicated to the singular mission of
stopping crimes against children. We need more people like him
because this is what is going to make predators really think
twice. His daughter was assaulted and murdered by perhaps the
most vicious predator that I have ever seen.
So, Marc, you are welcome here. We are delighted to have
you. I thank you, and I know the Committee does, for all your
work and we are very eager to hear your comments.
STATEMENT OF MARC KLAAS, SAUSALITO, CALIFORNIA
Mr. Klaas. Thank you, Senator, for those extremely kind
words. I appreciate it, and I appreciate your steadfast support
throughout the years.
Before I get started, you know, Nichole, I know that it is
sometimes very difficult to speak up in front of a situation
like this, with the microphones and the lights and the
extremely important people. But if an image is valued at a
thousand words, then your presence here today is valued at life
itself and I don't think you could have made a more eloquent
statement than your mere presence in this room this morning.
When my daughter, Polly, was kidnapped from her own bedroom
in front of witnesses, the Petaluma, California, Police
Department dispatched an all-points bulletin, stipulating that
disbursement was not for press release. Unfortunately, another
local agency interpreted that to mean that they should not
notify deputies in patrol cars, as the press might monitor
those frequencies.
One hour after Polly was kidnapped, two local sheriff's
deputies had the kidnapper in their custody. But because they
were unaware that a crime had been committed, they helped him
to pull his vehicle out of a ditch and sent him on his way
instead of arresting him. We then spent the next 65 days
searching for Polly.
My goodness, we have come so far. When two Lancaster,
California, teenagers were recently kidnapped at gunpoint, the
responding agency pulled out all the stops and immediately
alerted the media and the public by utilizing a variety of pre-
determined communication tools. That decision to implement what
is commonly known as the AMBER Alert has been credited with
saving the lives of those teenagers. As the Kern County Sheriff
dramatically stated on television, ``The girls were within 10
minutes of being murdered. The AMBER Alert saved their lives.''
In the ensuing years since the implementation of the AMBER
Alert in 1996, three distinct versions of the program have been
adopted. Many States, like Utah--Texas does have an AMBER Alert
now, actually, Senator. They implemented it with Nancy Chavez,
the little 1-year-old who was kidnapped out of the Wal-Mart
recently.
California, Colorado, Oklahoma, Michigan, Pennsylvania--
those are all statewide systems. Some AMBER Alert programs,
such as Cincinnati's Child Abduction Alert Program which
includes parts of Ohio, Kentucky and Indiana, or the St. Louis
Regional Abduction Alert which extends across the river into
Bellville, Illinois, have adopted a more regional approach.
Finally, more localized or city-based systems, like the
original in Dallas-Fort Worth or the local Washington, D.C.,
AMBER Alert, serve the needs of young families and those in
other American communities. Basically, these programs all have
to be population-based and they have to be able to disregard
the State borders.
But despite growing pains and variations on the theme, the
AMBER Alert has been credited with saving numerous children. As
long as strict criteria are followed, the AMBER Alert can
continue to evolve as an effective and powerful weapon in the
war to rescue America's stolen children.
I believe that common elements of the system have to
include a couple of other things that have been mentioned:
certainly that the child is 17 years of age or younger; the
jurisdictional law enforcement agency believes that the child
has been abducted--that is, unwillingly taken from their
environment without permission from the child's parent or legal
guardian. No. 3, there is reason to believe that the victim is
in immediate danger of serious bodily injury or death.
No. 4, it is confirmed that an investigation has taken
place that verifies the abduction and has eliminated
alternative explanations for the missing child. Finally, there
is sufficient information available to disseminate to the
public that could assist in locating the child, suspect, or
vehicle used in the abduction.
I think that the one exception that should be considered is
cases of international abduction, when we know that the
implementation of the Hague Convention is so very difficult and
oftentimes those children are never recovered.
Although there are those who complain that the attention
paid to the issue of missing children during this so-called
Year of Abduction is spreading fear throughout our society, I
counter that the attention is appropriate. If statistics
relating to crimes against children affected any other segment
of our society, we would declare epidemic status, pass
emergency legislation, and adopt a bunker mentality.
Unfortunately, since the statistics apply to children, we
accept this as status quo. Now, however, with the Nation's
attention riveted on abductions, we have a better understanding
of the issue and we are better prepared to respond in a variety
of ways. For instance, just as an aside, we now know that
stranger scenarios are not the only ones that pose a predatory
risk to children.
Our evolving attitude is further illustrated by recent
AMBER Alert innovations. When the young women in Lancaster were
kidnapped, the AMBER Alert concept was expanded through the
utilization of electronic billboards that advertised a
description of the getaway vehicle, including the license plate
number, in more than 500 locations through California.
This innovation was immediately adopted by the State of
Texas as an important component of their newly created AMBER
Alert system. I predict that other States will quickly follow
suit and the use of electronic highway signs will soon be
utilized throughout the country.
I have also personally been approached by truck drivers,
gas station and convenience store owners, and others who are
eager to become proactively and officially involved in the
AMBER Alert.
Now that the FCC has authorized the use of the Emergency
Alert System for missing child alerts, further innovations are
occurring. As the commissioner said, the Emergency Digital
Information Service in California can immediately activate
50,000 communication devices, including cell phones, e-mail
accounts, and pagers of citizens who voluntarily participate
when an AMBER Alert is activated. Where this idea takes us next
is limited only by imagination.
I believe that the next logical step in the evolution of
the AMBER Alert is to extend it across the country with broad-
based local, regional, statewide and Federal support. Society
will be best served when a system that disregards State
borders, focuses on logical population centers, and extends
from the Golden Gate Bridge to the Statute of Liberty, and from
Galveston, Texas, to Bangor, Maine, is fully implemented.
This goal is best achieved through realization of an
Internet-based system that establishes a standardized
communication platform and utilizes existing hardware and
software. This approach is cost-effective and easily
implemented with a minimal investment.
Although the AMBER Alert concept has been in existence for
7 years, it is only now gaining the recognition that it
deserves. When the Kern County Sheriff dramatically declared
the impending doom of the young Lancaster women on ``Larry King
Live,'' America suddenly realized the power of the AMBER Alert.
When three more children, one of whom is sitting with us
today, were quickly recovered through subsequent AMBER Alerts,
America experienced a social epiphany, realizing for the first
time that there are occasions on which we can beat evil on its
own turf and that not every child taken by an abductor is a
doomed child.
The attention currently being paid to this important
program will surely pass. However, if we continue to buildupon
current successes that have been achieved, then none of the
recent victims of predatory abduction will have died in vain.
Our timeframe may be short and our attention span may be easily
diverted, but we will succeed if we seize the moment.
I want to thank Senators Hutchison and Feinstein--the women
always step up to the plate--for authoring and supporting AMBER
Alert legislation. Their effort elevates the AMBER Alert debate
in important ways. They are advocating and promoting a
successful weapon in the battle to recover kidnapped children.
You are setting an important precedent that can be duplicated
throughout the country. You are seizing the moment.
Madam Chairman, members of the Committee, the entire
Senate, the entire Congress, and the entire country--I urge
everybody to support this important legislative effort, for if
it becomes law--and I cannot say this in more definitive
terms--children's lives will be saved.
Thank you for your time.
[The prepared statement of Mr. Klaas appears as a
submission for the record.]
Chairperson Feinstein. Thank you very much, Marc, and
thank you, ladies and gentlemen, for your testimony. I think it
has been very, very helpful.
Senator Hutchison has other things to attend to and so I
just want to thank her for sitting with the Subcommittee today.
We appreciate it very much, and again thank you for your
leadership.
Senator Hutchison. Thank you. Every one of you contributed
something very significant to our process and we appreciate it.
Chairperson Feinstein. Now, just a few questions.
Marc, let me ask you this. You mentioned that the person it
is hard to even think of him as a person--who murdered your
daughter had his car run into a ditch and the police actually
helped him out.
Was there sufficient evidence, do you think, at the time
whereby an AMBER Alert would have been useful in that
situation?
Mr. Klaas. Senator, I believe that if an AMBER Alert had
been activated--and this could have been done very, very
quickly--he may not ever have arrived at that location. It was
20 miles from the location where Polly had been kidnapped and,
as you know, Sonoma County has quite a few cities. It has a
rather large sheriff's department and on a Friday night there
are a lot of deputies out and there are a lot of cars out on
the road. So I think he wouldn't have gotten to that location.
We will never know if Polly was alive when the deputies
finally did arrive. Certainly, he says that she was, but
anything that that individual would have to say is totally
self-serving.
Chairperson Feinstein. You are saying, then, that he went
back after that and killed her?
Mr. Klaas. He came back and recovered her after that, yes,
ma'am. In what state I don't know.
Chairperson Feinstein. Well, thank you very much.
Let me ask just one question and then I would like to turn
it over to Senator Kyl. My understanding that stranger
abductions still, despite everything that we see and read, are
relatively rare. For example, there were 57 witnessed child
abductions by a stranger in California in 2001. The National
Center for Missing and Exploited Children tracked 1,529
kidnappings involving parental abductions.
So my question to you, Mr. Callaway, and others on the
panel is would it make sense to include parental abductions in
AMBER Alerts?
Mr. Callaway. I think only in the case that it can be
established that the child is in danger. To be honest with you,
I think that if you included the broad-based parental
abductions, many times those children are not in immediate
danger and the AMBER Alert would get over-used. I think that is
the fear that some people have. Now, there are some cases in
parental abduction that that child is in great and imminent
danger, and if the police have determined that, then I think it
should be used.
Chairperson Feinstein. Does anybody disagree with that?
Marc?
Mr. Klaas. I don't disagree, but I think that we should
totally recategorize the issue. For instance, of the recent
abductions, Danielle vanDam, Ashley Pond, Miranda Gaddis,
Elizabeth Smart, Cassandra Williams, Nichole, and Nicholas
Farber were all thought to have been victimized by neighbors or
acquaintances, but in most of these cases they were predatory
situations.
We should activate AMBER Alerts whenever a predatory
situation is in play, and I think it does a disservice by
calling it stranger abductions because none of these children
would have applied in those kinds of situations. Yet, as we now
know, the vast majority, if not all of them, their lives were
very, very much in danger.
Chairperson Feinstein. So what are you saying?
Mr. Klaas. What I am saying, Senator, is I don't think we
should be categorizing the abductions of children as stranger
and non-stranger situations. I think we should be categorizing
them as predatory and non-predatory. I know so many families
that are broken-hearted because some perverted uncle decided to
have his way with his little niece by marriage.
Chairperson Feinstein. That is an excellent point, I
think.
Mr. Callaway?
Mr. Callaway. We don't classify them as stranger
abductions. It is non-family abductions, is what we would call
it. The stranger/danger thing has never been anything that the
National Center has used.
Chairperson Feinstein. Mr. Farrow, do you have a view on
that?
Mr. Farrow. Yes, I do. The way the AMBER system works in
California is we classify it as just an abduction, and that is
the first criteria. Is the child abducted? If it is by a
parent, the next criteria says if the child is in immediate
danger of serious bodily injury or death. Then we will activate
the AMBER system. I think that is what Mr. Callaway was talking
about, but that is the second criteria. Is the child is in
danger?
They are not always in danger of physical harm when you
have a parental abduction. Sometimes it is a custody battle, so
we have to make sure that we understand. So we leave that up to
the investigating agency that first arrives on the scene to
make that determination. So we have crafted criteria that we
use, the four components, to make sure that the system is not
over-used.
Chairperson Feinstein. Senator Kyl, this legislation
leaves up to the Justice Department the setting of minimum
standards for use, which really become very important in this
kind of a conversation. What are the standards? So I think it
is very important, because I think we have a reasonable
certainty that this bill is going to pass, that people weigh in
with the Justice Department who are knowledgeable to see that
the standards are such that it covers the spectrum properly.
Senator would you like to ask questions?
Senator Kyl. Thank you, Madam Chairman. I think the record
of this hearing will help to establish for the Justice
Department the foundation for these decisions, and I think the
point that you made, Mr. Klaas, is very well taken.
The only question that I had--and it is predicated on the
foundation for this Subcommittee's jurisdiction, the use of
technology in law enforcement. We are just seeing so many new
ways in which technology can be used, and because time is of
the essence in these particular kinds of crimes, the use of
this technology then enhances law enforcement's opportunities
significantly.
What we are trying to do here, as I understand it, is to
acknowledge the interstate nature of these crimes, frequently,
including in your case, and therefore to have a system which is
uniform which all law enforcement understands and therefore can
implement quickly, and also to take advantage of the different
media of communication--the broadcasters, the signs that we see
above the highways, usually operated by the State department of
transportation, whoever that might be, but to coordinate that
with the local communities, as well.
I think it is great and a testament to the volunteer spirit
of this country that this system basically developed without
government prodding. But there is a point at which the
Government, because of the interstate nature of the problem,
and so on, can now assist in bringing this to fulfillment. And
that is what this legislation, as I understand it, is really
designed to do, and with the specific involvement of the
Department of Justice, it does have a nationwide reach.
I was going to ask one question of Mr. Farrow, but anybody
would be able to jump in here, whether there are any other
media here that perhaps we are overlooking in terms of getting
the message out in a very quick way that has the broadest
application to the citizenry.
Is there something that we are not focused on here that in
your law enforcement experience we could add to the mix?
Mr. Farrow. I think in California alone, we have covered
most of the media. But when we go national, I think one of the
things that we have to look at and I would expect the
Department of Justice to look at is the NLETS, the National Law
Enforcement Telecommunications System, to make that if there is
abduction, say, in California that it is put into this system
so it goes nationally from minute one. In California, you could
literally be in Arizona or you could be in Nevada or you could
be in Oregon in just a matter of minutes, depending upon what
location you go from. So I think that is the first part.
There are other technologies that are now going on the
market that we are looking at and that we are trying to do the
research on to find out their applicability to what we have. So
I would imagine that as the bill goes forward or the bill is
signed and the Department of Justice steps forward that there
would be some way that local law enforcement and the States can
get together and actually discuss some of those technologies so
it is standardized, so if we use something it in California,
they use it Texas or they use it in Oklahoma, so we are not all
just piecemealing the system. So that is why the bill, to us,
is so enticing because it does bring it all together so we are
all working together versus independently.
Senator Kyl. Marc?
Mr. Klaas. I believe that the Internet could be an
extremely powerful tool in implementing a national AMBER Alert
simply because it does create a standard platform that can be
utilized by all agencies. And if it is a password-protected
system, then it can be accessed from any browser-based computer
that sits on a table.
I think e-mail also would be a good way to disseminate
information because one can freely and instantaneously transmit
the highest graphic text and image information to virtually
anywhere in the planet within moments.
Senator Kyl. Those are all great suggestions. Again, I
think the record of this hearing will help the Justice
Department appreciate what we intend with respect to the
implementation here. Obviously, it is an ongoing process, so
your continued input will be enormously helpful.
Again, Madam Chairman, I really appreciate your very quick
scheduling of this hearing. I have already expressed to Senator
Hutchison how much I appreciate her leadership, too.
I appreciate all of you being here and I certainly agree
with Marc Klaas that just having Nichole here is a great
inspiration to all of us.
Chairperson Feinstein. Senator, you have raised a good
question because Senator Clinton was saying at the press
conference yesterday that, for example, ticker tapes and things
like that that flash up--every State has different ways. I
gather there is advertising in New York for the State lottery
that flicks up. All those kinds of things have to be involved
in it, as well. So I think we have to be very flexible to see
that we keep adding to the compendium of media exposure so that
we can get the broadest possible attention.
Marc?
Mr. Klaas. Yes, Senator. We have been approached by gas
stations, we have been approached by convenience stores. These
are huge data bases of industry, I guess, that could be
involved in this very easily. By faxing a flyer of a missing
child to a convenience store or a gas station and putting that
up in the window, it can be of huge benefit because even
kidnappers have to stop for gas and even kidnappers have to
stop for food on occasion.
Chairperson Feinstein. That is a good point.
Does anyone else have a comment they would like to make
about the legislation before we end the hearing?
If not, then let me just thank everybody once again. I
think the legislation will move. We are very grateful to you,
and for more than just being here today, but really grateful
for your care and concern on this issue and the fact that it
has been longstanding and continuing and will continue. We can
stop these things if we all come together.
So thank you, and this hearing is adjourned.
[Whereupon, at 11:23 a.m., the Subcommittee was adjourned.]
[Submissions for the record follow.]
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