[Congressional Record Volume 154, Number 146 (Monday, September 15, 2008)]
[House]
[Pages H8078-H8083]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       NATIONAL SILVER ALERT ACT

  Mr. SCOTT of Virginia. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 6064) to encourage, enhance, and integrate Silver 
Alert plans throughout the United States, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6064

       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

[[Page H8079]]

     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.

[[Page H8080]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Virginia (Mr. Scott) and the gentleman from California (Mr. Issa) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Virginia.


                             General Leave

  Mr. SCOTT of Virginia. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days in which to revise and extend their 
marks and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, thousands of vulnerable older adults go missing each 
year as a result of dementia, diminished capacity, foul play, and other 
unusual circumstances.
  For example, the Alzheimer's Foundation of America estimates that 
more than 5 million Americans suffer from Alzheimer's disease. It is 
estimated that 60 percent of these men and women are likely to wander 
from their homes. If they do, the disorientation and confusion may keep 
many from finding their way back home. Their safe return often depends 
upon them being found quickly. If not found within 24 hours, roughly 
half risk serious illness, injury, or death.
  Three Members of Congress, the gentleman from Texas (Mr. Doggett), 
the gentlewoman from North Carolina (Mrs. Myrick), and the gentleman 
from Florida (Mr. Bilirakis), individually introduced legislation to 
address this serious problem in separate bills. H.R. 6064 combines the 
best parts of these bills into one.
  Title I, the National Silver Alert Act, establishes a national 
program patterned after the successful Amber Alert program for 
children.
  It creates a national Silver Alert coordinator responsible for 
developing voluntary guidelines, standards, and protocols for States to 
consider in the creation of their local Silver Alert plans.
  It establishes the Department of Justice grant program to help States 
develop and implement local Silver Alert programs.
  And it establishes the Sammy Kirk Voluntary Electronic Monitoring 
Program which will provide grants for voluntary electronic monitoring 
services for elderly individuals.
  Title II reauthorizes the Kristen's Act which expired in 2005. That 
act provides for competitive grants to both public and nonprofit 
private agencies for a national resource center, information 
clearinghouse, and database for tracking missing adults, training and 
other related activities.
  Mr. Speaker, I commend Mr. Doggett, Mrs. Myrick and Mr. Bilirakis for 
their hard work and bipartisan efforts to address this critical problem 
of missing adults.
  I urge my colleagues to support this important legislation.
  I reserve the balance of my time.
  Mr. ISSA. Mr. Speaker, I too rise in support of this important piece 
of legislation and am pleased that a cosponsor of this bill, someone 
who has contributed meaningfully to the bill and to its amendments, the 
gentleman from Florida (Mr. Bilirakis) is with us, and I yield to him 
such time as he may consume.
  Mr. BILIRAKIS. Mr. Speaker, I rise today in strong support of H.R. 
6064, the National Silver Alert Act sponsored by my colleague from 
Texas, Congressman Lloyd Doggett.
  I first became involved in the issue of finding missing seniors 
earlier this year when one of my constituents, Mary Lallucci, lost her 
mother, who had left her care-giving facility and could not be located. 
She had driven her car into the Gulf of Mexico and drowned.
  This tragedy unfortunately highlighted the very real problem of older

[[Page H8081]]

individuals who suffer from diseases which leave them easily confused 
and disoriented, wandering away from their homes or care-giving 
facilities and meeting harm because family, friends, and authorities 
cannot find them in time.
  The inability to find missing elderly is a problem State and Federal 
policymakers should address before something like this happens again. 
That is why I support the bill before us today which includes 
provisions from the Silver Alert legislation I introduced earlier this 
year.
  The National Silver Alert Act is a bipartisan bill developed by 
Congressman Doggett, myself, and Congresswoman Sue Myrick. It combines 
portions of missing persons bills that each of us have introduced.
  The National Silver Alert Act includes language from my bill, the 
Silver Alert Grant Program Act, which creates within the Department of 
Justice a grant program to help States establish and operate Silver 
Alert notification systems to help find missing individuals who suffer 
from Alzheimer's disease and other dementia-related illnesses.
  The measure we are considering today also establishes a national 
Silver Alert communications network to assist regional and local 
missing persons search efforts and requires an annual report to 
determine the effectiveness of State Silver Alert plans to help guide 
their establishment in other States.
  The bill also reauthorizes Kristen's Act. Mrs. Myrick's bill provides 
grants to public and nonprofit organizations to help them find abducted 
adults.
  I was honored to work with these two fine Members, and pleased that 
we were able to combine these complementary bills.
  I want to thank them for their work, as well as the willingness of 
the Judiciary Committee Chairman John Conyers, Ranking Member Lamar 
Smith, and Crime Subcommittee Chairman Bobby Scott and Ranking Member 
Randy Forbes, for moving this bill through their panels in such an 
expeditious manner.
  I believe that all States, especially my State of Florida, should 
establish systems similar to the highly successful Amber Alert program 
to help find those suffering from dementia-related illnesses and 
prevent tragedies like the one that occurred in my community.
  The Amber Alert system has a remarkable track record of success 
because necessary information is filtered so that relevant details are 
transmitted to appropriate authorities as quickly as possible.
  The experiences of States that already have developed such Amber 
Alert systems suggests that these programs save lives. States have 
found that, just as with missing and abducted children, timely 
notification and dissemination of appropriate information about missing 
seniors greatly improves the chances that they will be found before 
they harm themselves.
  I believe that the Federal Government can and should help States 
develop notification systems to prevent these all-too-frequent 
tragedies. This is especially important in my State which has more 
residents age 65 or older than any State in the Nation. My State needs 
Silver Alert and it needs it now.
  Passage of this bill today will bring Florida and other States 
without these life-saving systems one step closer to improving the 
ability to find missing seniors in the crucial few hours after they go 
missing.
  We have many people to thank for that, including Mary Lallucci, whose 
determined advocacy for Silver Alert has inspired me and serves as a 
loving tribute to her mother's memory.
  Mr. Speaker, Mrs. Lallucci was asked whether she thought a Silver 
Alert system in Florida could have saved her mother. ``Who knows,'' she 
said. ``Unfortunately, I will never know.''
  I urge my colleagues to support the National Silver Alert Act to 
prevent another family from being forced to struggle with that same 
uncertainty.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield such time as he may 
consume to the author of this legislation, the gentleman from Texas 
(Mr. Doggett).
  Mr. DOGGETT. Mr. Speaker, I thank the gentleman from Virginia for his 
help and leadership on this measure.
  Mr. Speaker, I rise in support of H.R. 6064, the National Sliver 
Alert Act, which I authored and on which we have had very good 
bipartisan cooperation. I appreciate the statement, the concern and 
cooperation of the gentleman from Florida who has recounted a very 
serious incident that occurred in his State, and I appreciate the 
leadership of the gentlewoman from North Carolina. We merged our 
proposals in committee and have reauthorized through this legislation 
the National Center for Missing Adults.
  Our seniors, who have worked a lifetime building families, giving 
back to their communities, deserve dignity and respect in their 
retirement years. And when some of them are unable to care for 
themselves, they need our support. There is no silver bullet to 
providing that support, but one meaningful way of helping is through 
the national Silver Alert system that this measure would establish 
nationwide.
  Silver Alert is a public notification system triggered by the report 
of the missing senior with dementia or other mental impairment, similar 
to Amber Alert which has worked so successfully to find missing 
children, where we rely on postings on the highways, radio, television, 
and various forms of media to broadcast information about missing 
persons, to locate them, and bring them safely home.
  Sixty percent of those with Alzheimer's wander away from home at some 
point during their disability. If not found within 24 hours, up to half 
will suffer serious injury or death. Only 4 percent of those who leave 
home are able to get back without some assistance. Silver Alert 
provides that assistance.
  Responding to this need, 11 States, including my home State of Texas, 
have already enacted such programs, and another five States are 
seriously considering State legislation.
  While this is successful and important, we believe that every 
American should have the benefits of Silver Alert and that all States 
can benefit from learning about best practices that are occurring 
around the country.

                              {time}  1700

  The National AMBER Alert law, which Congress approved in 2003, has 
provided the national leadership to coordinate State programs, link 
States to resources and best practices, and fund the technology and 
improvements necessary to assure the best assistance that we can 
provide.
  National Silver Alert will do much the same, coordinating from the 
Justice Department with the Federal Communication Commission, the 
Department of Transportation and the Administration on Aging to avoid 
duplication of efforts. This is a voluntary program that will help 
States initiate Silver Alert programs and sustain those that are 
already underway.
  In short, coordination saves lives. Reuniting missing seniors with 
their families requires a rapid, united response. What's missing from 
efforts to locate missing seniors is sufficient Federal support, and 
this bill closes that gap.
  With National Silver Alert, communities can use and build on existing 
resources to help keep our seniors safe. And as the population of the 
United States ages, more and more seniors will need this kind of 
support.
  Since its inception in Texas last September, Silver Alert has been 
invoked 52 times. Forty-eight of the missing seniors were located 
safely, and 13 of these recoveries were directly attributable to Silver 
Alert.
  One of these successes involved an 85-year-old man in my district in 
Austin. He left his home in Austin, drove south to San Antonio, then 
turned around and drove back, all the way through Austin to Dallas, a 
total of 325 miles. If it had occurred, instead of on I-35 in Texas, if 
it occurred here in the Northeast, he would have traveled through seven 
States.
  He was finally located in a parking lot at a department store late at 
night in Dallas. The responding officer had heard about the Silver 
Alert, knew there was a missing person from Austin in a dark green 
Buick. They were able to connect him back, after some treatment for 
dehydration, and get him back the next morning to his family in Austin.
  A National Silver Alert program complements other existing programs 
like Project Lifesaver, the Missing Alzheimer's Disease Program Alert 
Program, and I believe that Silver Alert

[[Page H8082]]

will be effective with a unique ``wide net'' approach. The ability to 
broadcast the alert beyond the immediate vicinity will complement 
existing programs and assure more missing seniors are found within that 
crucial first 24 hours.
  I especially want to thank two Texans, Bill Cummings and Carlos 
Higgins of the Texas Silver Haired Legislature, who first asked me to 
develop this legislation to replicate nationally the success that they 
experienced through Texas Silver Alert. This bill shows that it is 
still possible, at least on a rather occasion, for an individual 
citizen who has a good cause but no lobbyists to get the attention of 
Congress and get legislation, creative solutions adopted. Since they 
first proposed the bill to me it has gained the endorsement of the 
Elder Justice Coalition, the National Silver Haired Legislature, the 
Child Alert Foundation, the National Citizens Coalition for Nursing 
Home Reform, and the Assisted Living Federation of America.
  I appreciate the cooperation of my colleagues in getting this measure 
approved. I urge its adoption, recognizing that by working together we 
can take an important step toward making our seniors safe.
  Mr. ISSA. Mr. Speaker, this is a good piece of legislation hammered 
out on a bipartisan basis. I urge the passage of this bill. I know that 
the 11 States that already have a Silver Alert would greatly appreciate 
knowing that if someone passes from their State to an adjoining State, 
that that protection they provide to their citizens would be provided 
to their citizens in another State.
  With that, I yield back the balance of my time and urge support.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may 
consume simply to thank our colleagues for working cooperatively 
together. I hope we pass the legislation.
  Mrs. MILLER of Michigan. Mr. Speaker, I rise today in support of the 
National Silver Alert Act.
  As a society we are judged by how we care for our most vulnerable in 
our community--our young children and our senior citizens.
  This legislation, the National Silver Alert Act, is replicating an 
issue we have had remarkable success with--the Amber Alert for missing 
children. The Amber Alert for missing children has allowed 420 children 
to return safely to their homes.
  It is time we replicate this success for our seniors.
  Sixty percent of people with Alzheimer's or dementia will wander away 
at some point, and half of those who aren't found in the first 24 hours 
will be injured or die. This statistic is all too real for those across 
the Nation who have experienced the fear of losing a loved one first 
hand.
  I know full well about this--last year an elderly man near Green Bay, 
Wisconsin, got in his car for what was supposed to be a short trip to 
the convenience store. Nearly 8 hours and 490 miles later, he stopped 
at a local grocery store in my district, disoriented, and confused. 
Luckily a Macomb county sheriff located this man's son in Wisconsin and 
the man returned home safely.
  However, for a few frantic hours, his family in Wisconsin had no idea 
if he was lost, in an accident, or worse.
  Just imagine if this system was in place last year. Maybe a motorist 
or a police officer would have seen this man's car driving along the 
expressway and got him assistance before he made it all the way to 
Michigan.
  Situations like these happen across America--and it is important that 
we fund programs like the National Silver Alert act to properly locate 
our seniors who have gone missing.
  By creating a national communications network to assist in efforts to 
locate missing senior citizens, we are improving the likelihood that 
they remain free of harm.
  As a cosponsor of the National Silver Alert Act, I ask my colleagues 
to join me in protecting our senior citizens and implementing this very 
important program.
  Mrs. MYRICK. Mr. Speaker, Today is a very important day for anyone 
who has ever lived through the nightmare of an adult loved one gone 
missing. The National Silver Alert Act will reauthorize Kristen's Act 
and give these people hope. Kristen Modafferi disappeared shortly after 
her 18th birthday. I asked the family how I could help. After visiting 
with them and hearing a detailed account of their nightmare, I 
introduced Kristen's Act in 1999. It was swiftly ratified in both the 
House and Senate before being signed into law by President Clinton in 
2000.
  Kristen's Act reauthorizes funding to maintain a national 
clearinghouse for missing adults whose disappearance is determined by 
law enforcement to be foul play. As with the National Center for 
Missing and Exploited Children, this bill provides assistance to law 
enforcement and families in missing persons cases of those over the age 
of 17. Kristen's Act expired in 2005. I introduced a reauthorization in 
the 109th Congress, unfortunately my attempts to get it passed were 
unsuccessful. Today, with the help of my friends from across the aisle, 
we honor the efforts of so many and pay tribute to mournful families by 
ratifying this bill.
  Kristen Modafferi disappeared in 1997. She was an extremely bright, 
hard-working young lady and attended North Carolina State University. 
She had just finished her freshman year; and like so many other college 
students, she decided she wanted to go to another city to spend the 
summer and work and have a new experience. So she moved to San 
Francisco. She enrolled in photography class at Berkeley and got a job 
at a local coffee shop. She began settling in and making friends.
  On Monday, June 23--which was just a mere 3 weeks after her 18th 
birthday--she left her job at the coffee shop and headed to the beach 
for the afternoon. She has not been seen since.
  When her panicked parents called National Center for Missing and 
Exploited Children, they heard these unbelievable words, ``I'm sorry--
we cannot help you.'' They were shocked to discover that because 
Kristen was 18, the Center could not place her picture and story into 
its national database, or offer any assistance whatsoever.
  In fact, there is no national agency in the United States to help 
locate missing adults.
  Unfortunately, the Modaferris are not alone. The families of 
thousands of missing adults--50,930 cases as of last year--have found 
that law enforcement and other agencies respond very differently when 
the person who has disappeared is not a child.
  Coping with the disappearance of a family member is a traumatic 
experience--and I know personally what the Modaferris went through. But 
to be forced to conduct the search on their own without any skills or 
resources is simply unjust. Kristen's Act does send a message to these 
families that they deserve help in locating endangered and 
involuntarily missing loved ones.
  Endangered missing adults, regardless of their age, should receive 
not only the benefit of a search effort by local law enforcement--but 
also the help of an experienced national organization.
  By approving this bill, families will never again have to hear they 
cannot be assisted because a loved one is too old.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I support the National Silver 
Alert Act. I also urge my colleagues to support this bill. It is 
necessary.
  Thousands of vulnerable older adults go missing each year as a result 
of dementia, diminished capacity, foul play or other unusual 
circumstances. The Alzheimer's Foundation of America estimates that 
over five million Americans suffer from Alzheimer's disease, and that 
sixty percent of these are likely to wander from their homes. 
Alzheimer's disease and other dementia related illnesses often leave 
their victims disoriented and confused and unable to find their way 
home. According to the Alzheimer's Association, up to 50 percent of 
wanderers risk serious illness, injury or death if not found within 24 
hours. The problem can be exacerbated greatly by national disasters, 
such as Hurricane Katrina, that can, in a matter of hours, increase the 
number of missing persons by the thousands.
  At least eight states, along with non-profit organizations such as 
the National Center for Missing Adults, Project Lifesaver International 
and the Alzheimer's Foundation of America, have developed programs to 
address various aspects of the problem of missing adults, but the need 
for a coordinated national approach, similar to the Amber Alert Program 
for children, still exists. In addition, financial support is needed 
for existing and new local and state programs.
  The Missing Alzheimer's Disease Patient Alert Program, administered 
by the Department of Justice, is the only federal program that 
currently provides grant funding to locate vulnerable elderly 
individuals who go missing. Authorization for this program ceased in 
1998, but Congress has continued to appropriate some monies for it 
through fiscal year 2008, when it appropriated $940,000. Another 
federal law, Kristen's Act, had authorized annual grants in the amount 
of $1 million for fiscal years 2001 through 2004 to assist law 
enforcement agencies in locating missing adults and for other purposes. 
Between fiscal years 2002 through 2006, Kristen's Act grants were made 
through the Edward Byrne Discretionary Grants Program, primarily to the 
National Center for Missing Adults, a non-profit organization. In 2006, 
Congress appropriated $150,000 for this purpose.


            A. H.R. 6064, the ``National Silver Alert Act''

  Importantly, today I urge my colleagues to support another important 
piece of legislation, H.R. 6064, the National Silver Alert Act. H.R.

[[Page H8083]]

6064 sets forth a comprehensive national program. It directs the 
Attorney General to establish a permanent national Silver Alert 
communications program within the Department of Justice to provide 
assistance to regional and local search efforts for missing seniors. 
The bill requires the Attorney General to assign a Department of 
Justice officer as a Silver Alert Coordinator.
  The Silver Alert Coordinator acts as a nationwide point of contact, 
working with states to encourage the development of local elements of 
the network, known as Silver Alert plans, and to ensure regional 
coordination. The bill requires the Coordinator to develop protocols 
for efforts relating to reporting and finding missing seniors and to 
establish voluntary guidelines for states to use in developing Silver 
Alert plans. The bill requires the Coordinator to establish an advisory 
group (1) to help States, local governments and law enforcement 
agencies with Silver Alert plans, (2) to provide training and 
educational programs to states, local governments and law enforcement 
agencies, and (3) to submit an annual report to congress. The bill also 
requires the Coordinator to establish voluntary minimum standards for 
the issuance of alerts through the Silver Alert communications network.
  H.R. 6064 directs the Attorney General, subject to the availability 
of appropriations, to provide grants to States for the development and 
implementation of programs and activities relating to Silver Alert 
plans. The bill authorizes $5 million for fiscal year 2009 for this 
purpose. The bill also authorizes an additional $5 million for fiscal 
year 2009 specifically for the development and implementation of new 
technologies. The Federal share of the grant may not exceed 50 percent 
and amounts appropriated under this authorization shall remain 
available until expended.


              B. My Past Amendments on Elder Justice Bills

  In similar elder legislation, namely the Elder Justice Act and the 
Elder Abuse Victims Act, I co-sponsored amendments with Ms. Maxine 
Waters of California to provide funding to State, Local, and non-profit 
programs to locate missing elderly. Specifically, my amendment would 
allow a voluntary electronic monitoring pilot program to assist with 
the elderly when they are reported missing. In these particular bills, 
my amendment would allow the Attorney General, in consultation with the 
Secretary of Health and Human Services, to issue grants to states and 
local government to carry out pilot programs to provide voluntary 
electronic monitoring services to elderly individuals to assist in the 
location of such individuals when they are reported missing.


                   C. Elder Legislation Is Important

  Elder legislation such as the legislation before us today and the 
prior elder bills that I mentioned are important. As elder Americans 
enter their twilight years, we must do more to protect and ensure their 
safety. Nothing reminds me more of the necessity of this kind of 
legislation than my very own experiences in Houston, Texas. A few years 
ago, the family of Sam Kirk, a native of Houston, Texas, called me to 
help look for him. Mr. Kirk was elderly and suffered from dementia. He 
had wandered off and could not be located for several days. His family 
looked for him for many days but could not find him. In an act of 
desperation, they called on me to lend my services to help them find 
him. I helped his family look for him and we found him. When we found 
Mr. Kirk, he was dehydrated and in need of medical attention. We 
searched for hours and days to find him. It was worth the time and 
effort we spent to find him alive and well. Legislation that helps 
America find and take care of its lost and missing elders is extremely 
important.


                          SAMMY KIRK AMENDMENT

  I fought hard to get an amendment to this bill, H.R. 6064, the 
National Silver Alert. The amendment would authorize a voluntary 
electronic monitoring program to be used to assist in the location of 
elderly persons. Specifically, the amendment requires the Attorney 
General, after consultation with the Secretary of Health and Human 
Services, to award grants to States and units of local government to 
carry out programs to provide for voluntary electronic monitoring 
services to elderly individuals to assist in the location of such 
individuals in the event that such persons are reported missing. It is 
authorized for $2 million for each of the fiscal years 2009 through 
2014. The amendment is named after Mr. Sammy Kirk, a former constituent 
of the 18th Congressional District who suffered from alzheimers and was 
lost. I, along with his family, searched for him for three days only to 
find him dead near the bayou. The Sam Kirk amendment ensures that other 
senior Alzheimer patients do not suffer the same fate as Mr. Kirk.
  I believe that my amendment and these bills help elderly people. I 
urge my colleagues to support this bill.
  Mr. SCOTT of Virginia. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Virginia (Mr. Scott) that the House suspend the rules 
and pass the bill, H.R. 6064, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. ISSA. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

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