[House Report 110-825]
[From the U.S. Government Publishing Office]





110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-825

======================================================================



 
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

                                _______
                                

 September 8, 2008.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

    Mr. Conyers, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 6064]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 6064) to encourage, enhance, and integrate Silver Alert 
plans throughout the United States, having considered the same, 
reports favorably thereon with amendments and recommends that 
the bill as amended do pass.

                                CONTENTS

                                                                   Page
The Amendments...................................................     1
Purpose and Summary..............................................     6
Background and Need for the Legislation..........................     6
Hearings.........................................................     7
Committee Consideration..........................................     7
Committee Votes..................................................     7
Committee Oversight Findings.....................................     8
New Budget Authority and Tax Expenditures........................     8
Congressional Budget Office Cost Estimate........................     8
Performance Goals and Objectives.................................    10
Constitutional Authority Statement...............................    10
Advisory on Earmarks.............................................    10
Section-by-Section Analysis......................................    10

                             The Amendments

  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

              TITLE I--SILVER ALERT COMMUNICATIONS NETWORK

SECTION 101. SHORT TITLE.

    This title may be cited as the ``National Silver Alert Act''.

SEC. 102. DEFINITIONS.

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

SEC. 103. SILVER ALERT COMMUNICATIONS NETWORK.

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

SEC. 104. SILVER ALERT COORDINATOR.

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

SEC. 105. MINIMUM STANDARDS FOR ISSUANCE AND DISSEMINATION OF ALERTS 
                    THROUGH SILVER ALERT COMMUNICATIONS NETWORK.

    (a) Establishment of Minimum Standards.--Subject to subsection (b), 
the Coordinator shall establish minimum standards for--
            (1) the issuance of alerts through the Silver Alert 
        communications network; and
            (2) the extent of the dissemination of alerts issued 
        through the network.
    (b) Limitations.--
            (1) Voluntary participation.--The minimum standards 
        established under subsection (a) of this section, and any other 
        guidelines and programs established under section 104, shall be 
        adoptable on a voluntary basis only.
            (2) Dissemination of information.--The minimum standards 
        shall, to the maximum extent practicable (as determined by the 
        Coordinator in consultation with State and local law 
        enforcement agencies), provide that appropriate information 
        relating to the special needs of a missing senior (including 
        health care needs) are disseminated to the appropriate law 
        enforcement, public health, and other public officials.
            (3) Geographic areas.--The minimum standards shall, to the 
        maximum extent practicable (as determined by the Coordinator in 
        consultation with State and local law enforcement agencies), 
        provide that the dissemination of an alert through the Silver 
        Alert communications network be limited to the geographic areas 
        which the missing senior could reasonably reach, considering 
        the missing senior's circumstances and physical and mental 
        condition, the modes of transportation available to the missing 
        senior, and the circumstances of the disappearance.
            (4) Age requirements.--The minimum standards shall not 
        include any specific age requirement for an individual to be 
        classified as a missing senior for purposes of the Silver Alert 
        communication network. Age requirements for determinations of 
        whether an individual is a missing senior shall be determined 
        by each State, and may vary from State to State.
            (5) Privacy and civil liberties protections.--The minimum 
        standards shall--
                    (A) ensure that alerts issued through the Silver 
                Alert communications network comply with all applicable 
                Federal, State, and local privacy laws and regulations; 
                and
                    (B) include standards that specifically provide for 
                the protection of the civil liberties and sensitive 
                medical information of missing seniors.
            (6) State and local voluntary coordination.--In carrying 
        out the activities under subsection (a), the Coordinator may 
        not interfere with the current system of voluntary coordination 
        between local broadcasters and State and local law enforcement 
        agencies for purposes of the Silver Alert communications 
        network.

SEC. 106. TRAINING AND OTHER RESOURCES.

    (a) Training and Educational Programs.--The Coordinator shall make 
available to States, units of local government, law enforcement 
agencies, and other concerned entities that are involved in initiating, 
facilitating, or promoting Silver Alert plans, including broadcasters, 
first responders, dispatchers, public safety communications personnel, 
and radio station personnel--
            (1) training and educational programs related to the Silver 
        Alert communication network and the capabilities, limitations, 
        and anticipated behaviors of missing seniors, which shall be 
        updated regularly to encourage the use of new tools, 
        technologies, and resources in Silver Alert plans; and
            (2) informational materials, including brochures, videos, 
        posters, and web sites to support and supplement such training 
        and educational programs.
    (b) Coordination.--The Coordinator shall coordinate--
            (1) with the Assistant Secretary for Aging of the 
        Department of Health and Human Services in developing the 
        training and educational programs and materials under 
        subsection (a); and
            (2) with the head of the Missing Alzheimer's Disease 
        Patient Alert Program within the Department of Justice, to 
        determine if any existing material with respect to training 
        programs or educational materials developed or used as part of 
        such Patient Alert Program are appropriate and may be used for 
        the programs under subsection (a).

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

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

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

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

SEC. 109. SAMMY KIRK VOLUNTARY ELECTRONIC MONITORING PROGRAM.

    (a) Program Authorized.--The Attorney General, after consultation 
with the Secretary of Health and Human Services, is authorized to award 
grants to States and units of local government to carry out programs to 
provide voluntary electronic monitoring services to elderly individuals 
to assist in the location of such individuals if such individuals are 
reported as missing.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $2,000,000 for each of the 
fiscal years 2009 through 2014.
    (c) Designation.--The grant program authorized under this section 
shall be referred to as the ``Sammy Kirk Voluntary Electronic 
Monitoring Program''.

                TITLE II--KRISTEN'S ACT REAUTHORIZATION

SEC. 201. SHORT TITLE.

    This title may be cited as ``Kristen's Act Reauthorization of 
2008''.

SEC. 202. FINDINGS.

    Congress finds the following:
            (1) Every year thousands of adults become missing due to 
        advanced age, diminished mental capacity, or foul play. Often 
        there is no information regarding the whereabouts of these 
        adults and many of them are never reunited with their families.
            (2) Missing adults are at great risk of both physical harm 
        and sexual exploitation.
            (3) In most cases, families and local law enforcement 
        officials have neither the resources nor the expertise to 
        undertake appropriate search efforts for a missing adult.
            (4) The search for a missing adult requires cooperation and 
        coordination among Federal, State, and local law enforcement 
        agencies and assistance from distant communities where the 
        adult may be located.
            (5) Federal assistance is urgently needed to help with 
        coordination among such agencies.

SEC. 203. GRANTS FOR THE ASSISTANCE OF ORGANIZATIONS TO FIND MISSING 
                    ADULTS.

    (a) Grants.--
            (1) Grant program.--Subject to the availability of 
        appropriations to carry out this section, the Attorney General 
        shall make competitive grants to public agencies or nonprofit 
        private organizations, or combinations thereof, to--
                    (A) maintain a national resource center and 
                information clearinghouse for missing and unidentified 
                adults;
                    (B) maintain a national, interconnected database 
                for the purpose of tracking missing adults who are 
                determined by law enforcement to be endangered due to 
                age, diminished mental capacity, or the circumstances 
                of disappearance, when foul play is suspected or 
                circumstances are unknown;
                    (C) coordinate public and private programs that 
                locate or recover missing adults or reunite missing 
                adults with their families;
                    (D) provide assistance and training to law 
                enforcement agencies, State and local governments, 
                elements of the criminal justice system, nonprofit 
                organizations, and individuals in the prevention, 
                investigation, prosecution, and treatment of cases 
                involving missing adults;
                    (E) provide assistance to families in locating and 
                recovering missing adults; and
                    (F) assist in public notification and victim 
                advocacy related to missing adults.
            (2) Applications.--The Attorney General shall periodically 
        solicit applications for grants under this section by 
        publishing a request for applications in the Federal Register 
        and by posting such a request on the website of the Department 
        of Justice.
    (b) Other Duties.--The Attorney General shall--
            (1) coordinate programs relating to missing adults that are 
        funded by the Federal Government; and
            (2) encourage coordination between State and local law 
        enforcement and public agencies and nonprofit private 
        organizations receiving a grant pursuant to subsection (a).

SEC. 204. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title 
$4,000,000 for each of fiscal years 2009 through 2019.

  Amend the title so as to read:

      A bill to encourage, enhance, and integrate Silver Alert 
plans throughout the United States, to authorize grants for the 
assistance of organizations to find missing adults, and for 
other purposes.

                          Purpose and Summary

    H.R. 6064 consists of two separate proposals to improve 
capabilities to locate older adults who have ``gone missing'' 
as a result of dementia, diminished capacity, foul play, or 
other unusual circumstances. Title I, the ``National Silver 
Alert Act,'' establishes a national Silver Alert program, based 
on the successful Amber Alert program for children. It 
authorizes the Attorney General to provide grants to States for 
local Silver Alert plans and communications networks. It also 
authorizes the Attorney General to award grants under the Sammy 
Kirk Electronic Monitoring Program to States and local 
governments for programs providing voluntary electronic 
monitoring services to elderly individuals. Title II, the 
``Kristen's Act Reauthorization of 2008,'' reauthorizes an 
existing grant program, and directs the Attorney General to 
make competitive grants to public agencies and nonprofit 
private organizations for maintenance of a national resourse 
center and information clearinghouse, a national database for 
tracking missing adults, training, and other related 
activities.

                Background and Need for the Legislation

    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.\1\ 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.
---------------------------------------------------------------------------
    \1\ Alzheimer's Association, ``Issue Kit: Public Policy Response to 
Wandering Behavior,'' Washington Public Policy Office, Alzheimer's 
Association, Sept. 2006.
---------------------------------------------------------------------------
    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, though Congress has continued 
to appropriate some monies for it through fiscal year 2008, 
when it appropriated $940,000.\2\ 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. During fiscal years 2002 through 2006, Kristen's Act 
grants were made through the Edward Byrne Discretionary Grants 
Program. In 2006, Congress appropriated $150,000 for this 
purpose.\3\
---------------------------------------------------------------------------
    \2\H. Rept. 107-278 (FY 2002); H. Rept. 108-10 (FY 2003); H. Rept. 
108-401 (FY 2004); H. Rept. 108-792 (FY 2005); H. Rept. 109-272 (FY 
2006); P.L. 110-5 (FY 2007); U.S. House, Committee on Appropriations, 
Joint Explanatory Statement to Accompany FY 2008 Consolidated 
Appropriations Amendment to H.R. 2764 (P.L. 110-161), Division B (FY 
2008).
    \3\H. Rept. 107-278 (FY 2002); H. Rept. 108-10 (FY 2003); H. Rept. 
108-401 (FY 2004); H. Rept. 108-792 (FY 2005); H. Rept. 109-272 (FY 
2006).
---------------------------------------------------------------------------

                                Hearings

    The Subcommittee on Crime, Terrorism, and Homeland Security 
held 1 day of hearings on H.R. 6064, and related bills H.R. 
5898, the ``Silver Alert Grant Program Act of 2008,'' and H.R. 
423, ``Kristen's Act Reauthorization of 2007,'' on July 15, 
2008. Testimony was received from the Honorable Lloyd Doggett, 
the Honorable Gus Bilirakis, and the Honorable Sue Wilkins 
Myrick, with additional letters submitted by the Alzheimer's 
Foundation of America and Project Lifesaver.

                        Committee Consideration

    On July 30, 2008, the Committee met in open session and 
ordered the bill, H.R. 6064, favorably reported with an 
amendment, by voice vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that there 
were no recorded votes during the Committee's consideration of 
H.R. 6064.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 6064, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, September 4, 2008.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
completed the enclosed cost estimate for H.R. 6064, the 
National Silver Alert Act.
    The CBO staff contacts for this estimate are Mark Grabowicz 
(for federal costs), who can be reached at 226-2860, and 
Melissa Merrell (for the impact on State and local 
governments), who can be reached at 225-3220.
            Sincerely,
                                           Peter R. Orszag,
                                                  Director.

Enclosure

cc:
        Honorable Lamar S. Smith.
        Ranking Member
H.R. 6064--National Silver Alert Act.

                                SUMMARY

    H.R. 6064 would direct the Department of Justice (DOJ) to 
establish a national communications network to assist efforts 
to locate missing senior citizens. The bill would authorize the 
appropriation of $10 million annually over the 2009-2013 period 
for DOJ to make grants to States for activities to support the 
network, to be known as the Silver Alert program. In addition, 
the legislation would authorize the appropriation of $2 million 
annually over the 2009-2014 period and another $4 million 
annually over the 2009-2019 period for DOJ to make grants to 
State and local governments and other organizations for 
programs to locate missing adults.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing H.R. 6064 would cost $59 million 
over the 2009-2013 period, with remaining amounts spent in 
subsequent years. Enacting the legislation would not affect 
direct spending or revenues.
    H.R. 6064 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on State, local, or tribal 
governments.

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    The estimated budgetary impact of H.R. 6064 is shown in the 
following table. The costs of this legislation fall within 
budget function 750 (administration of justice).

                                     By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
                                                           2009     2010     2011     2012     2013    2009-2013
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION

DOJ Grant Programs
  Authorization Level                                         16       16       16       16       16          80
  Estimated Outlays                                            4        8       12       14       16          54

DOJ Costs for Silver Alert Program
  Estimated Authorization Level                                1        1        1        1        1           5
  Estimated Outlays                                            1        1        1        1        1           5

  Total Changes
    Estimated Authorization Level                             17       17       17       17       17          85
    Estimated Outlays                                          5        9       13       15       17          59
----------------------------------------------------------------------------------------------------------------

                           BASIS OF ESTIMATE

    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing H.R. 6064 would cost $59 million 
over the 2009-2013 period, with additional amounts spent in 
subsequent years. Based on information from DOJ, we estimate 
that it would cost about $1 million annually to establish and 
administer the Silver Alert program. CBO assumes that the 
authorized and estimated amounts will be appropriated near the 
start of each fiscal year and that spending will follow 
historical spending patterns for similar activities.

              INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

    H.R. 6064 contains no intergovernmental or private-sector 
mandates as defined in UMRA and would impose no costs on State, 
local, or tribal governments. Assuming appropriation of 
authorized amounts, State and local governments would benefit 
from grants for training, education, and equipment to locate 
missing senior citizens. Any costs to those governments, 
including matching funds, would be incurred voluntarily.

                         ESTIMATE PREPARED BY:

Federal Costs: Mark Grabowicz (226-2860)
Impact on State, Local, and Tribal Governments: Melissa Merrell 
    (225-3220)
Impact on the Private Sector: MarDestinee C. Perez (226-2940)

                         ESTIMATE APPROVED BY:

Theresa Gullo
Deputy Assistant Director for Budget Analysis

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
6064 establishes a national Silver Alert program to assist 
local efforts regarding missing adults, authorizes to the 
Department of Justice such sums as necessary to carry out the 
Silver Alert communications network, and authorizes the 
Attorney General to award grants to States, public agencies and 
nonprofit private organizations for local Silver Alert plans 
and networks, training, a national resources clearinghouse and 
database for missing adults, and for other purposes.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, section 8 of the Constitution.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 6064 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.

              TITLE I--SILVER ALERT COMMUNICATIONS NETWORK

    Sec. 101. Short Title. Section 101 sets forth the short 
title of Title I of the bill as the ``National Silver Alert 
Act.''
    Sec. 102. Definitions. Section 102 defines the terms 
``State'' and ``missing senior.''
    Sec. 103. Silver Alert Communications Network. Section 103 
requires the Attorney General to establish a national Silver 
Alert communications network within the Department of Justice 
to provide assistance to regional and local search efforts for 
missing seniors.
    Sec. 104. Silver Alert Coordinator. Section 104 requires 
the Attorney General to designate a national Silver Alert 
communications network coordinator. The Coordinator is to work 
with the States to encourage the development of additional 
local Silver Alert plans, and is to establish voluntary 
guidelines for States that will promote compatible and 
integrated Silver Alert plans throughout the United States. 
Among other things, these voluntary guidelines are to include 
criteria for issuing a Silver Alert, taking into consideration 
the need to limit the use of such Alerts so that the 
effectiveness of the network will not be negatively affected by 
overuse.
    This section requires the Coordinator to develop proposed 
protocols and procedures to recover missing seniors and to work 
with States to ensure coordination of various elements of the 
network. The Coordinator is to establish an advisory group to 
assist States, units of local government, law enforcement 
agencies, and other entities involved in the Silver Alert 
program.
    This section requires the Coordinator to coordinate and 
consult with numerous entities, including 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, other offices of the Department of 
Justice, local broadcasters, and State and local law 
enforcement agencies in establishing minimum standards and in 
carrying out other activities under this title.
    The Coordinator is required to submit an annual report to 
Congress on the Coordinator's activities and the effectiveness 
and status of the Silver Alert plans for each State that has 
established or is in the process of establishing such a plan.
    Sec. 105. Minimum Standards for Issuance and Dissemination 
of Alerts Through Silver Alert Communications Network. Section 
105 requires the Coordinator to establish voluntary minimum 
standards for the issuance and dissemination of alerts. The 
minimum standards are not to include a specific age 
requirement; the age requirements for defining an individual as 
a missing senior will instead be determined by each State, and 
may vary from State to State. The minimum standards will ensure 
that alerts comply with all applicable Federal, State, and 
local privacy laws and regulations, and will include standards 
that protect senior citizens' civil liberties and sensitive 
medical information.
    Sec. 106. Training and Other Resources. Section 106 
requires the Coordinator to develop, in coordination with 
others, training and education programs and informational 
materials, and to make them 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.
    Sec. 107. Authorization of Appropriations for the Silver 
Alert Communications Network. Section 107 authorizes to the 
Department of Justice such sums as may be necessary to carry 
out the Silver Alert communications network.
    Sec. 108. Grant Program for Support of Silver Alert Plans. 
Section 108 authorizes the Attorney General to issue grants to 
States for the development or enhancement of programs and 
activities that support Silver Alert plans and the Silver Alert 
communications network. The Federal share of the grants shall 
not exceed 50 percent. This section authorizes $10 million for 
fiscal years 2009 through 2013, with amounts appropriated to 
remain available until expended.
    Sec. 109. The Sammy Kirk Electronic Monitoring Program. 
Section 109 authorizes $2 million for fiscal years 2009 through 
2014, for the Attorney General 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 locating and recovering them if they are later 
reported missing. This section is named after Mr. Sammy Kirk, a 
76-year-old man, believed to be suffering from Alzheimer's 
disease, who walked away from his home in Houston, Texas in 
August 2005. He was found dead 3 days later near a bayou.

                TITLE II--KRISTEN'S ACT REAUTHORIZATION

    Sec. 201. Short Title. Section 201 sets forth the short 
title of Title II of the bill as ``Kristen's Act 
Reauthorization of 2007.''
    Sec. 202. Findings. Section 202 sets forth findings 
underlying the need for the title.
    Sec. 203. Grants for the Assistance of Organizations to 
Find Missing Adults. Section 203 authorizes the Attorney 
General to make competitive grants to public agencies or 
nonprofit organizations to maintain a national resource center 
and information clearinghouse for missing and unidentified 
adults; to maintain a national, interconnected database for 
tracking missing adults; to coordinate public and private 
programs that locate missing persons; to provide assistance and 
training to agencies, entities and organizations; to provide 
assistance to families in locating and recovering missing 
adults; and to assist in public notification and victim 
advocacy related to missing adults. The Attorney General is to 
coordinate federally funded programs relating to missing 
adults, and encourage coordination between State and local law 
enforcement and public agencies and nonprofit private 
organizations receiving grants.
    Sec. 204. Authorization of Appropriations. Section 204 
authorizes $4 million for each fiscal year 2008 through 2018.

                                 

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