[Congressional Record (Bound Edition), Volume 155 (2009), Part 3]
[House]
[Pages 3502-3508]
[From the U.S. Government Publishing Office, www.gpo.gov]




                   NATIONAL SILVER ALERT ACT OF 2009

  Mr. JOHNSON of Georgia. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 632) to encourage, enhance, and integrate Silver 
Alert plans throughout the United States, to authorize grants for the 
assistance of organizations to find missing adults, and for other 
purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 632

       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 
     2009''.

     SEC. 102. DEFINITIONS.

       For purposes of this title:
       (1) State.--The term ``State'' means each of the 50 States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     the United States Virgin Islands, Guam, American Samoa, and 
     the Commonwealth of the Northern Mariana Islands.
       (2) Missing senior.--The term ``missing senior'' refers to 
     any individual who--
       (A) is reported to, or identified by, a law enforcement 
     agency as a missing person; and
       (B) meets the requirements to be designated as a missing 
     senior, as determined by the State in which the individual is 
     reported or identified as a missing person.

     SEC. 103. SILVER ALERT COMMUNICATIONS NETWORK.

       The Attorney General shall, subject to the availability of 
     appropriations under section 107, establish a national Silver 
     Alert communications network within the Department of Justice 
     to provide assistance to regional and local search efforts 
     for missing seniors through the initiation, facilitation, and 
     promotion of local elements of the network (known as Silver 
     Alert plans) in coordination with States, units of local 
     government, law enforcement agencies, and other concerned 
     entities with expertise in providing services to seniors.

     SEC. 104. SILVER ALERT COORDINATOR.

       (a) National Coordinator Within Department of Justice.--The 
     Attorney General shall designate an individual of the 
     Department of Justice to act as the national coordinator of 
     the Silver Alert communications network. The individual so 
     designated shall be known as the Silver Alert Coordinator of 
     the Department of Justice (referred to in this title as the 
     ``Coordinator'').
       (b) Duties of the Coordinator.--In acting as the national 
     coordinator of the Silver Alert communications network, the 
     Coordinator shall--
       (1) work with States to encourage the development of 
     additional Silver Alert plans in the network;
       (2) establish voluntary guidelines for States to use in 
     developing Silver Alert plans that will promote compatible 
     and integrated Silver Alert plans throughout the United 
     States, including--
       (A) a list of the resources necessary to establish a Silver 
     Alert plan;
       (B) criteria for evaluating whether a situation warrants 
     issuing a Silver Alert, taking into consideration the need 
     for the use of such Alerts to be limited in scope because the 
     effectiveness of the Silver Alert communications network may 
     be affected by overuse, including criteria to determine--
       (i) whether the mental capacity of a senior who is missing, 
     and the circumstances of his or her disappearance, warrant 
     the issuance a Silver Alert; and
       (ii) whether the individual who reports that a senior is 
     missing is an appropriate and credible source on which to 
     base the issuance of a Silver Alert;
       (C) a description of the appropriate uses of the Silver 
     Alert name to readily identify the nature of search efforts 
     for missing seniors; and
       (D) recommendations on how to protect the privacy, dignity, 
     independence, and autonomy of any missing senior who may be 
     the subject of a Silver Alert;
       (3) develop proposed protocols for efforts to recover 
     missing seniors and to reduce the number of seniors who are 
     reported missing, including protocols for procedures that are 
     needed from the time of initial notification of a law 
     enforcement agency that the senior is missing through the 
     time of the return of the senior to family, guardian, or 
     domicile, as appropriate, including--
       (A) public safety communications protocol;
       (B) case management protocol;
       (C) command center operations;
       (D) reunification protocol; and
       (E) incident review, evaluation, debriefing, and public 
     information procedures;
       (4) work with States to ensure appropriate regional 
     coordination of various elements of the network;
       (5) establish an advisory group to assist States, units of 
     local government, law enforcement agencies, and other 
     entities involved in the Silver Alert communications network 
     with initiating, facilitating, and promoting Silver Alert 
     plans, which shall include--
       (A) to the maximum extent practicable, representation from 
     the various geographic regions of the United States; and
       (B) members who are--
       (i) representatives of senior citizen advocacy groups, law 
     enforcement agencies, and public safety communications;
       (ii) broadcasters, first responders, dispatchers, and radio 
     station personnel; and
       (iii) representatives of any other individuals or 
     organizations that the Coordinator determines are necessary 
     to the success of the Silver Alert communications network; 
     and
       (6) act as the nationwide point of contact for--
       (A) the development of the network; and
       (B) regional coordination of alerts for missing seniors 
     through the network.
       (c) Coordination.--
       (1) Coordination with other agencies.--The Coordinator 
     shall coordinate and consult with the Secretary of 
     Transportation, the Federal Communications Commission, the 
     Assistant Secretary for Aging of the Department of Health and 
     Human Services, the head of the Missing Alzheimer's Disease 
     Patient Alert Program, and other appropriate offices of the 
     Department of Justice in carrying out activities under this 
     title.
       (2) State and local coordination.--The Coordinator shall 
     consult with local broadcasters and State and local law 
     enforcement agencies in establishing minimum standards under 
     section 105 and in carrying out other activities under this 
     title, as appropriate.
       (d) Annual Reports.--Not later than one year after the date 
     of enactment of this Act, and annually thereafter, the 
     Coordinator shall submit to Congress a report on the 
     activities of the Coordinator and the effectiveness and 
     status of the Silver Alert plans of each State that has 
     established or is in the process of establishing such a plan. 
     Each such report shall include--
       (1) a list of States that have established Silver Alert 
     plans;
       (2) a list of States that are in the process of 
     establishing Silver Alert plans;

[[Page 3503]]

       (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 websites to support and supplement such training 
     and educational programs.
       (b) Coordination.--The Coordinator shall coordinate--
       (1) with the Assistant Secretary for Aging of the 
     Department of Health and Human Services in developing the 
     training and educational programs and materials under 
     subsection (a); and
       (2) with the head of the Missing Alzheimer's Disease 
     Patient Alert Program within the Department of Justice, to 
     determine if any existing material with respect to training 
     programs or educational materials developed or used as part 
     of such Patient Alert Program are appropriate and may be used 
     for the programs under subsection (a).

     SEC. 107. AUTHORIZATION OF APPROPRIATIONS FOR THE SILVER 
                   ALERT COMMUNICATIONS NETWORK.

       There are authorized to be appropriated to the Department 
     of Justice such sums as may be necessary to carry out the 
     Silver Alert communications network as authorized under this 
     title.

     SEC. 108. GRANT PROGRAM FOR SUPPORT OF SILVER ALERT PLANS.

       (a) Grant Program.--Subject to the availability of 
     appropriations to carry out this section, the Attorney 
     General shall carry out a program to provide grants to States 
     for the development and enhancement of programs and 
     activities for the support of Silver Alert plans and the 
     Silver Alert communications network.
       (b) Activities.--Activities funded by grants under the 
     program under subsection (a) may include--
       (1) the development and implementation of education and 
     training programs, and associated materials, relating to 
     Silver Alert plans;
       (2) the development and implementation of law enforcement 
     programs, and associated equipment, relating to Silver Alert 
     plans;
       (3) the development and implementation of new technologies 
     to improve Silver Alert communications; and
       (4) such other activities as the Attorney General considers 
     appropriate for supporting the Silver Alert communications 
     network.
       (c) Federal Share.--The Federal share of the cost of any 
     activities funded by a grant under the program under 
     subsection (a) may not exceed 50 percent.
       (d) Distribution of Grants on Geographic Basis.--The 
     Attorney General shall, to the maximum extent practicable, 
     ensure the distribution of grants under the program under 
     subsection (a) on an equitable basis throughout the various 
     regions of the United States.
       (e) Administration.--The Attorney General shall prescribe 
     requirements, including application requirements, for grants 
     under the program under subsection (a).
       (f) Authorization of Appropriations.--
       (1) There is authorized to be appropriated to the 
     Department of Justice $5,000,000 for each of the fiscal years 
     2009 through 2013 to carry out this section and, in addition, 
     $5,000,000 for each of the fiscal years 2009 through 2013 to 
     carry out subsection (b)(3).
       (2) Amounts appropriated pursuant to the authorization of 
     appropriations in paragraph (1) shall remain available until 
     expended.

                TITLE II--KRISTEN'S ACT REAUTHORIZATION

     SEC. 201. SHORT TITLE.

       This title may be cited as ``Kristen's Act Reauthorization 
     of 2009''.

     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.

[[Page 3504]]

       (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 2010 through 2020.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Georgia (Mr. Johnson) and the gentleman from Texas (Mr. Poe) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Georgia.


                             General Leave

  Mr. JOHNSON of Georgia. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days to revise and extend their remarks and 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Georgia?
  There was no objection.
  Mr. JOHNSON of Georgia. I yield myself such time as I may consume.
  Mr. Speaker, this is the third elder justice bill that we present to 
date. Like the previous two elder justice bills, this bill also passed 
the House last September on suspension but was not able to be 
considered by the Senate before adjournment.
  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; and, according to the foundation, approximately 60 percent of 
these men and women are likely to wander from their homes. If they do, 
the disorientation and confusion that is a part of this illness keeps 
many from finding their way back home. Their safe return then often 
depends on being found quickly. If not found within 24 hours, roughly 
half risk serious illness, injury, or death.
  When the House passed the bill last Congress, 11 States had Silver 
Alert programs. As we again consider this bill, there are now 13 States 
with the Silver Alert programs.
  The need for Silver Alert programs and for appropriate assistance 
from Congress continue to grow. Last Congress, three Members of 
Congress, Lloyd Doggett of Texas, Sue Myrick of North Carolina, and Gus 
Bilirakis of Florida, individually introduced legislation to address 
this serious problem in separate bills. H.R. 632 combines these three 
bills into one.
  Title I, the National Silver Alert Act of 2009, 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 own local Silver Alert 
plans. It establishes a Department of Justice grant program to help 
States develop and implement local Silver Alert programs. And, finally, 
the program requires the coordinator to submit annual reports on the 
status and activities of the State Silver Alert plans.
  Title II reauthorizes Kristen's Act, which expired in 2005. Kristen's 
Act provides for competitive grants to both public agencies and 
nonprofit private organizations for a national resource center, 
information clearinghouse, and database for tracking missing adults, 
training, and other related activities. I commend Congressman Doggett, 
Congresswoman Myrick, and Congressman Bilirakis for their hard work and 
bipartisan efforts to address the critical problem of missing elders. I 
urge my colleagues to support this important legislation.
  I reserve the balance of my time.
  Mr. POE of Texas. I yield myself such time as I may consume.
  Mr. Speaker, I am pleased to support H.R. 632, the National Silver 
Alert Act of 2009, to help protect the elderly, particularly those 
suffering from Alzheimer's or other forms of dementia. This legislation 
is the work of three bills sponsored by the gentleman from Texas (Mr. 
Doggett), the gentleman from Florida (Mr. Bilirakis), and the 
gentlelady from North Carolina (Mrs. Myrick). Last year, the House 
passed similar legislation with overwhelming bipartisan support.
  By creating a structure similar to the Amber Alert system used to 
locate missing children, H.R. 632, the National Silver Alert Act, will 
help assist States in their efforts to protect our elderly. The Amber 
Alert system was created by the Dallas Police in 1996, after the 
kidnapping and murder of a 9-year-old girl from Arlington, Texas.
  In 2003, Congress created the national Amber Alert program. As co-
chair of the Victims Rights Caucus, I have seen firsthand the huge 
success of the Amber Alert program in locating missing children. Just 
as the Amber Alert program, which is currently now used in all 50 
States, was designed to notify the public when a child was missing, the 
Silver Alert will also notify the public when an elderly adult is 
missing.
  Mr. Speaker, we have all seen the big freeway signs that have Amber 
Alert, give the name of the child and the license number of the car 
that the child was taken in, and now we will see that also occur with 
the elderly in our community. Citizens can now offer any information 
they have on the missing person which will aid law enforcement 
officials in their search. Currently, the Silver Alert is used in 13 of 
our States. These States have reported nominal costs associated with 
operating the system, since they are able to utilize existing Amber 
Alert infrastructure to issue Silver Alerts.
  H.R. 632 establishes a nationwide communication structure to 
coordinate State and local search efforts, and expand the system to 
those States not participating and authorizes a grant to support State 
Silver Alert systems and communication networks. The bill directs the 
Attorney General to assign an officer of the Department of Justice to 
act as the national director of the Silver Alert program. The director 
will develop voluntary guidelines that States can use in implementing 
the alert system and provide training and other resources to State law 
enforcement agencies.
  The Amber Alert system has proven successful in locating missing 
children throughout the country; so too has the Silver Alert system in 
States currently using it. By establishing the Silver Alert system 
nationwide, H.R. 632 will help coordinate State efforts in protecting 
older Americans the same way the Amber Alert system has for missing 
children. I urge my colleagues to support this bill.
  I reserve the balance of my time.
  Mr. JOHNSON of Georgia. Mr. Speaker, I yield to my good friend from 
Texas, Congressman Lloyd Doggett, such time as he may consume.
  Mr. DOGGETT. I thank the gentleman, and I thank my colleague from 
Texas. It is great that the House is tonight considering a package of 
elder justice legislation. These bills, of which I am a sponsor of both 
of the earlier bills by Ms. Waters and Mr. Sestak, are complementary. 
There is really no silver bullet when it comes to trying to help our 
elderly citizens, but we think that Silver Alert is one component. And, 
as my colleague from Texas pointed out, Amber Alert became a national 
program because of something that happened in Texas. I am pleased that 
Texas also has taken a leadership with Silver Alert.
  Just a couple of examples of what has happened with our State Silver 
Alert program. I had a constituent who began driving south of Austin 
about 80 miles to San Antonio, then drove another couple hundred miles 
up to Dallas going back through Austin, and was finally found there. If 
he had been here in the North, he would have gone through about seven 
States. And he was clearly lost. They found him in a shopping center 
parking lot as a result of Silver Alert, and the Austin Police 
Department was notified.
  More recently, we had an example from the Texas hill country in

[[Page 3505]]

Kerrville, where a fellow ended up driving to San Marcos. Our San 
Marcos Police Department dispatchers were helpful because of the Silver 
Alert program, described just as my colleague from Texas mentioned, 
using the existing billboards and existing resources, was really 
valuable in finding it.
  As Mr. Johnson pointed out, since this bill was passed here last 
fall, two more States have joined the effort; I believe there are about 
another 10 that have it under consideration. All we are trying to do 
through the Silver Alert initiative here at the national level is to 
provide them a clearinghouse of best practices, just as we did with 
Amber Alert earlier, where we will coordinate federal resources from 
several agencies that have responsibilities, and also reward best 
practices of the States, try to see that these are replicated so that 
we can find these people.
  This legislation is also related to the legislation we were just 
considering. As the Elder Justice Coalition pointed out in a statement 
that they had today endorsing the Silver Alert bill, they say, ``A 
missing elder person can be the next victim of elder abuse. It is 
critical that all appropriate resources are utilized at the local level 
to assist in the safe locating of missing older persons.''
  This legislation has been endorsed by a large number of 
organizations. There is a recognition, we have talked a lot about 
Alzheimer's tonight and other forms of dementia, that about 60 percent 
of the people who are afflicted with Alzheimer's at sometime during 
their disease will wander off from their caregiver. If they are not 
found within 24 hours, up to half will suffer serious injury or death. 
Only 4 percent of those who leave home alone are able to find their way 
back. And so there is a big gap here, a serious problem, if they leave 
home in not being able to get back. We hope to use what the States have 
done, what the Amber Alert success has been to link everyone up.
  There are many organizations, as I mentioned, that have joined in 
supporting this effort; but it came to my attention as a Texas idea 
because of a constituent, Bill Cummings, who is really a model citizen 
in his involvement and concern for the community. Bill and Carlos 
Higgins, who is also a devoted member of the Texas Silver-Haired 
Legislature, brought this to the attention of the Silver-Haired 
Congress, as seniors from all over the country came together here in 
Washington, came over to the office, told me of the success of the 
program, and asked that we take this initiative. We have now been 
joined by the American Health Care Association, the Assisted Living 
Federation of America, the National Citizens Coalition for Nursing Home 
Reform, the Child Alert Foundation, the Alzheimer's Association, and 
the Alzheimer's Foundation of America, all offering their support for 
this legislation.
  Finally, as both of you have noted, this has been a bipartisan 
effort. I salute Mr. Bilirakis and Mrs. Myrick, who I believe is not 
able to join us on the floor tonight. Hers is not a Silver Alert bill, 
but it is again a companion measure that we have incorporated into 
this.

                              {time}  1900

  Mr. Bilirakis had a very similar idea based on an unfortunate 
experience in his district. Working together, tonight we can take a 
positive step forward to keep our seniors safe.
  Mr. POE of Texas. Mr. Speaker, I yield 5 minutes to the cosponsor of 
this bill, Mr. Bilirakis from Florida.
  Mr. BILIRAKIS. Mr. Speaker, I rise today in strong support of H.R. 
632, the National Silver Alert Act, sponsored by my colleague from 
Texas, Congressman Lloyd Doggett.
  I first became involved in this issue of finding missing seniors last 
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 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 could not 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 this bill before us today, which 
includes provisions from silver alert legislation that I introduced 
last 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 previously 
introduced. The National Silver Alert Act includes language from 
legislation I introduced last Congress to create 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.
  I was honored to work with these two fine Members last year and am 
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 majority 
and minority on the Judiciary Committee to allow this to come to the 
floor on suspension so early in this session. The House passed this 
bill, as you know, unanimously last September. But the Senate was 
unable to act on it before Congress adjourned. I hope that our timely 
action here today will help facilitate its passage through the Senate 
and enactment into law.
  I believe that all States 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. An Amber Alert system has a remarkable track 
record of success because necessary information is filtered so that the 
relevant details are transmitted to appropriate authorities as quickly 
as possible. The experiences of States that already have developed such 
silver alert systems suggest that these programs save lives. States 
have found that 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 Florida, which has more residents 
aged 65 and older than any other State in the Nation. My State 
implemented silver alert last year with spectacular results. Florida's 
statewide silver alert system has led to the successful location of all 
37 people, I repeat, all 37 people for whom the State has issued 
bulletins. More than 4.3 million Floridians are aged 60 and older, and 
there are about 501,000 probable Alzheimer's cases in the State.
  The silver alert program in my State will help prevent tragedy among 
one of Florida's largest potentially vulnerable groups. Passage of this 
bill today will help bring other States without these lifesaving 
systems one step closer to improving their ability to find missing 
seniors and the crucial few hours after they go missing. It also will 
provide critical resources, guidance and coordination, which is very 
important for States like mine, that already have such systems. We have 
many people to thank for that, including Mary Lallucci, one of my 
constituents whose determined advocacy for the silver alert has 
inspired me and serves as a loving tribute to her mother's memory.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. POE of Texas. I yield the gentleman 1 additional minute.
  Mr. BILIRAKIS. 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

[[Page 3506]]

another family from being forced to struggle with the same uncertainty.


                Announcement By the Speaker Pro Tempore

  The SPEAKER pro tempore. The Chair reminds Members to not traffic the 
well while another Member is speaking.
  Mr. JOHNSON of Georgia. I will reserve the balance of my time, Mr. 
Speaker.
  Mr. POE of Texas. I yield 3 minutes to the cosponsor of this bill, 
the gentlelady from North Carolina (Mrs. Myrick).
  Mrs. MYRICK. I thank the gentleman for yielding.
  Today is an important day for anyone who has ever lived through the 
nightmare of an adult loved one who has gone missing. The National 
Silver Alert Act will reauthorize Kristen's Act as part of that and 
give these people hope. Kristen Modafferi disappeared shortly after her 
18th birthday. And after visiting her family and hearing the detailed 
account of their nightmare, I introduced Kristen's Act in 1999, and it 
was successfully signed into law in 2000. It reauthorizes funding to 
maintain a national clearinghouse for missing adults whose 
disappearance is determined by law enforcement to be foul play. It 
expired in 2005 and then was reintroduced in the 110th and the 109th 
Congress. But the efforts weren't successful. Today with the help of my 
friends on both sides of 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 a bright, hardworking 
young college student, and she attended North Carolina State. She had 
just finished her freshman year. And like so many young people, she 
decided she wanted to go to another city to spend the summer, work and 
have a new experience. So she moved to San Francisco and had just 
enrolled in classes at Berkeley and got a job at a local coffee shop. 
She began settling in and making friends. On Monday, June 23, when she 
was just a mere 3 weeks short of her 18th birthday, she left her job at 
the coffee shop, headed to the beach for the afternoon, and has not 
been seen since. When her panicked parents called the National Center 
for Missing and Exploited Children, they heard these unbelievable 
words, ``I'm sorry, we can't help.'' They were shocked to discover that 
because Kristen was 18, the center could not place her picture or story 
into its national database or offer any assistance whatsoever. In fact, 
there is no national agency to help locate missing adults.
  Unfortunately, the Modaferris are not alone. The families of 
thousands of missing adults, almost 51,000 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. It's a very traumatic 
experience which I know personally in dealing with the Modaferris. But 
having to do a search on your own without any skills or resources is 
very unjust. Kristen's Act sends a message to these families. They 
deserve help in locating endangered and involuntarily missing loved 
ones.
  Endangered adults, no matter what their age, should receive not only 
the benefit of a search effort by local law enforcement, but also an 
experienced national organization. With this bill, families will never 
again have to hear they cannot be assisted because a loved one is too 
old.
  I urge my colleagues to support the act.
  Mr. YOUNG of Florida. Mr. Speaker, I rise in strong support of H.R. 
632, the National Silver Alert Act, which I cosponsored in the 110th 
Congress.
  At the outset, let me congratulate my neighboring colleague from 
Florida Gus Bilirakis for his leadership on this legislation to create 
a nationwide communications network to help locate missing senior 
citizens. Gus was the original author of this legislation last year in 
response to the tragic death of 86-year-old Mary Zelter, who drove away 
from her assisted living facility in Pinellas County, Florida, which 
Gus and I both represent, and drowned when her car crashed into a local 
waterway.
  With Gus leading the way, our community responded by calling 
attention to the lack of an alert system for missing senior citizens. 
Mary Zelter's daughter Mary Lallucci become a vocal advocate for the 
need for such a system and Largo Police Chief Lester Aradi personally 
undertook a system to establish a local Silver Alert system for our 
area. Gus and I attended the kick-off for this network when Chief Aradi 
activated our county-wide system September 30th. He was also the 
chairman of the committee that coordinated the establishment of a 
Florida-wide Silver Alert system, which was activated by Governor 
Charlie Crist and the Florida Department of Law Enforcement last 
October.
  The local model we developed under the leadership of Gus Bilirakis, 
Chief Aradi, State Representative Tom Anderson, Mary Lallucci, Gloria 
Smith, the president our local chapter of the Alzheimer's Association, 
and Sallie Parks, the past president and board member of our local Area 
Agency on Aging, can be taken nationwide to save the lives of senior 
citizens who wander off in their vehicles. As with the Amber Alert 
system for children and youth, it makes those critical first minutes 
and hours when someone is found to be missing count and increases the 
chances of a happy ending. In the four months since the enactment of 
our state-wide program, there have been 41 Florida Silver Alerts 
including nine last month.
  The legislation we consider today will take the Florida model 
nationwide so that all States can have the benefit of a Silver Alert 
system and so that we can track missing senior citizens who drive off 
in their cars should they cross state boundaries. It will establish a 
national coordinator to bring together State efforts and authorize the 
appropriation of $10 million a year for State activities in support of 
the Silver Alert program. Finally, it will provide an annual report to 
Congress and the States on the program so that we can share lessons 
learned to improve the effectiveness of state- wide and nationwide 
Silver Alert networks.
  Mr. Speaker, this is good legislation and I again want to commend my 
colleague from Florida Gus Bilirakis for his tireless work to keep the 
issue alive. Senior citizens and their families all across our nation 
will directly benefit from that action we take today.
  Mr. LARSON of Connecticut. Mr. Speaker, I rise today in support of 
H.R. 632, the National Silver Alert Act of 2009. I thank Mr. Doggett 
for his leadership on this issue. This bill allows for the creation and 
enhancement of alert plans for missing adults across the nation and is 
an important step toward ensuring the safe return of missing adults 
nationwide.
  According to the Connecticut Chapter of the Alzheimer's Association, 
nearly 70,000 Connecticut residents have Alzheimer's disease or a 
related dementia. Six out of every ten people diagnosed with 
Alzheimer's will wander from their homes or care giving facilities at 
some stage of their disease. Of those who wander, 50 percent risk 
serious injury or death if not found within the first 24 hours. For 
this reason, it is necessary that systems for timely, local search 
responses are put into place.
  The National Silver Alert Act of 2009 provides for the coordination 
of resources needed by families and law enforcement officials to 
undertake appropriate search efforts for a missing adult. The bill 
acknowledges the need to protect the privacy, dignity, independence and 
autonomy of any missing adult who may be the subject of a Silver Alert, 
making this bill a truly comprehensive approach.
  I urge my colleagues to join me in support of the National Silver 
Alert Act of 2009 and to continue to push for legislation that seeks to 
protect missing adults.
  Mrs. MILLER of Michigan. Mr. Speaker, I rise today in strong support 
of H.R. 632, the National Silver Alert Act.
  This legislation will provide federal grants to states to assist them 
in the development or improvement of an alert system for seniors.
  I believe that a society can be judged by the compassion it shows to 
the most vulnerable in that society. And in America those are our 
children and our seniors.
  We all know that our society is aging and many in our community are 
facing the challenges posed by dealing with aging parents and loved 
ones.
  We worry about the safety of our seniors, particularly those who 
suffer from either Alzheimers or dementia. And our first concern is to 
ensure that our loved ones get the care they need.
  Many times those seniors when going about everyday tasks like going 
to the store or walking their dog can wander or drive off and become 
lost.
  Statistics show that as many as 60% of patients with Alzheimers or 
dementia will wander at some point during their illness. Those same 
statistics also show that if they are not found within the first 24 
hours that as many as 50% will suffer serious injury or death.
  That is enough to elicit serious concern from any loved one or care 
provider.
  We have experienced similar issues with young children who wander 
away or are taken by someone.

[[Page 3507]]

  To combat that problem we established the Amber Alert system.
  Amber Alert ensures that the information concerning that child is 
shared with law enforcement and with the general public through the 
media and signs along our roadways.
  We have all seen these reports when they are issued and we all keep 
an extra keen eye to provide any assistance we can to return those 
children to safety.
  The Amber Alert System works and it works well.
  Our seniors deserve no less support, particularly those suffering 
from Alzheimers or dementia.
  They too often can become confused and travel far distances or to 
areas of danger with little ability to find their way home.
  That is why I strongly support the National Silver Alert Act. I am 
hopeful that we can quickly pass this important legislation and urge 
all of my colleagues to support this measure.
  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; (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

[[Page 3508]]

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.
  Mr. JOHNSON of Georgia. Mr. Speaker, if the other side decides to 
relinquish its remaining time, I will do the same. We have no other 
speakers.
  Mr. POE of Texas. Mr. Speaker, I yield back the balance of my time. I 
urge adoption of this resolution.
  Mr. JOHNSON of Georgia. I will yield back the balance of my time, Mr. 
Speaker.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Georgia (Mr. Johnson) that the House suspend the rules 
and pass the bill, H.R. 632.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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