[Congressional Record Volume 155, Number 29 (Thursday, February 12, 2009)]
[Extensions of Remarks]
[Pages E259-E260]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   NATIONAL SILVER ALERT ACT OF 2009

                                 ______
                                 

                               speech of

                        HON. SHEILA JACKSON-LEE

                                of texas

                    in the house of representatives

                       Tuesday, February 10, 2009

  Ms. JACKSON-LEE of Texas. Mr. Speaker. I would also like to thank 
Representative Lloyd Doggett for his leadership in bringing this 
important legislation to the floor. I urge my colleagues to support 
this important piece of legislation.
  As a Senior Member of the House Judiciary Committee, I understand the 
importance of protecting one of America's treasures: the elderly. I 
fully support the goals of this legislation in helping to keep 
America's elderly safe from harm.
  Last year during the second session of the 110th Congress, 
Representative Doggett introduced, H.R. 6064, the ``National Silver 
Alert Act.'' I fought hard to amend that H.R. 6064 to include language 
that would strengthen the National Silver Alert Act. My language was 
incorporated into that bill and it was successfully reported out of the 
Judiciary Committee.
  This term, Representative Doggett has included the language from H.R. 
423, the ``Kristen's Act Reauthorization'' into the present National 
Silver Alert bill. Thus, strengthening the protections in the bill.
  Thousands of vulnerable older adults go missing each year as a result 
of dementia, diminished capacity, foul play or other unusual 
circumstances. The Alzheimer's Foundation of America estimates that 
over five million Americans suffer from Alzheimer's disease, and that 
sixty percent of these are likely to wander from their homes. 
Alzheimer's disease and other dementia related illnesses often leave 
their victims disoriented and confused and unable to find their way 
home. According to the Alzheimer's Association, up to 50% of wanderers 
risk serious illness, injury or death if not found within 24 hours. 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. 632, the ``National Silver Alert Act''

  H.R. 632 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. 632 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% and 
amounts appropriated under this authorization shall remain available 
until expended.
  Importantly, the bill seeks to accomplish three purposes: the 
creation of a grant program, the promotion of best practices, and an 
increased awareness of the need for coordinated efforts to locate 
missing individuals. The bill authorizes a grant program for State-
administered notification systems to help locate missing persons 
suffering from Alzheimer's disease and other dementia related 
illnesses. The grants are to be used to establish and implement Silver 
Alert systems or to make improvements to existing Silver Alert 
programs.


           C. H.R. 423, the ``Kristen's Act Reauthorization''

  Importantly, H.R. 632 includes the language from H.R. 423, the 
``Kristen's Act Reauthorization.'' H.R. 632 reauthorizes Kristen's Act 
(P.L. 106-468), which had authorized annual grants from 2001 through 
2004 for the purpose of finding missing adults. Because of the 
incorporation of Kristen's Act into H.R. 632, grants are not limited to 
States, but may be awarded to public agencies and nonprofit 
organizations. The grants are to be used to (1) maintain a national 
resource center and information clearinghouse; (2) maintain a national 
database for the purpose of tracking missing adults who are endangered 
due to age, diminished mental capacity, or when foul play is suspected 
or the circumstances are unknown; (3) coordinate public and private 
programs that locate missing adults and reunite them with their 
families;

[[Page E260]]

(4) provide assistance and training to law enforcement agencies, State 
and local governments, nonprofit organizations and other individuals 
involved in the criminal justice system in matters related to missing 
adults; (5) provide assistance to families in locating missing adults; 
and (6) assist in public notification of missing adults and victim 
advocacy. The bill authorizes $4 million annually for fiscal years 2008 
through 2018.


              D. 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.
  I also offered an amendment in the elder justice acts that would have 
allowed the elderly to wear a bracelet so it would make it easier to 
find a lost elderly patient in the event that he or she was lost. This 
amendment was accepted and successfully reported out of the House 
Judiciary Committee last term. If I were provided the opportunity, I 
would have offered my amendment again and would have required that H.R. 
632 contain provisions that would allow for the use of a bracelet pilot 
program. The bracelet pilot program would allow elderly, at their 
election, to wear a bracelet that would be used in helping to locate 
them when they are lost. The bracelet will be unlike existing programs 
because the bracelets will be electronic and themselves would 
facilitate finding a missing elderly person.
  While this amendment language was accepted and successfully reported 
out of the House Judiciary Committee, my language was not included in 
the H.R. 632. Although my language has not been included in this 
present version of the bill, I still believe that the bill is 
important.
  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 dead. He died of dehydration. We searched for hours 
and days to find him. It would have been easier and may have saved a 
life if there was a bracelet or an electronic monitoring program as I 
have long championed in previous versions of this bill. Even without my 
language, legislation that helps America find and take care of its lost 
and missing elders is extremely important.

                          ____________________