[House Report 112-649]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-649
======================================================================
CHILD AND ELDERLY MISSING ALERT PROGRAM
_______
September 10, 2012.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Smith of Texas, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 4305]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 4305) to authorize the Attorney General to provide a
grant to assist Federal, State, tribal, and local law
enforcement agencies in the rapid recovery of missing
individuals, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
CONTENTS
Page
The Amendment.................................................... 1
Purpose and Summary.............................................. 3
Background and Need for the Legislation.......................... 3
Hearings......................................................... 3
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
New Budget Authority and Tax Expenditures........................ 4
Congressional Budget Office Cost Estimate........................ 4
Performance Goals and Objectives................................. 6
Advisory on Earmarks............................................. 6
Section-by-Section Analysis...................................... 6
Changes in Existing Law Made by the Bill, as Reported............ 7
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child and Elderly Missing Alert
Program''.
SEC. 2. PROGRAM TO ASSIST FEDERAL, STATE, TRIBAL, AND LOCAL LAW
ENFORCEMENT AGENCIES IN THE RAPID RECOVERY OF
MISSING CHILDREN, THE ELDERLY, AND DISABLED
INDIVIDUALS.
Section 1701 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796dd) is amended--
(1) in subsection (b)--
(A) in paragraph (16), by striking ``and'' after the
semicolon;
(B) in paragraph (17), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(18) to permit eligible nonprofit organizations to assist
Federal, State, tribal, and local law enforcement agencies in
the rapid recovery of missing children, elderly individuals,
and disabled individuals through the use of a rapid telephone
and cellular alert call system, in accordance with subsection
(l).''; and
(2) by adding at the end the following new subsection:
``(l) Child and Elderly Missing Alerts.--
``(1) In general.--The Attorney General is authorized to
award grants to eligible nonprofit organizations to assist
Federal, State, tribal, and local law enforcement agencies in
the rapid recovery of missing children, elderly individuals,
and disabled individuals through the use of a rapid telephone
and cellular alert call system.
``(2) Specified use of funds.--The grants awarded under this
subsection shall be used to--
``(A) provide services to Federal, State, tribal, and
local law enforcement agencies, in response to a
request from such agencies, to promote the rapid
recovery of a missing child, an elderly individual, or
a disabled individual by utilizing rapid telephone and
cellular alert calls;
``(B) maintain and expand technologies and techniques
to ensure the highest level of performance of such
services;
``(C) provide both centralized and on-site training
and distribute information to Federal, State, tribal,
and local law enforcement agency officials about
missing children, elderly individuals, and disabled
individuals and use of a rapid telephone and cellular
alert call system;
``(D) provide services to Federal, State, tribal, and
local Child Abduction Response Teams;
``(E) assist Federal, State, tribal, and local law
enforcement agencies to combat human trafficking
through the use of rapid telephone and cellular alert
calls;
``(F) share appropriate information on cases with the
National Center for Missing and Exploited Children, the
AMBER Alert, Silver Alert, and Blue Alert programs, and
appropriate Federal, State, tribal, and local law
enforcement agencies; and
``(G) assist appropriate organizations, including
Federal, State, tribal, and local law enforcement
agencies, with education and prevention programs
related to missing children, elderly individuals, and
disabled individuals.
``(3) Eligibility.--To be an eligible nonprofit organization
for purposes of a grant under this subsection, a nonprofit
organization shall have experience providing rapid telephone
and cellular alert calls on behalf of Federal, State, and local
law enforcement agencies to find missing children and elderly
adults.
``(4) Grant period and renewal.--The Attorney General shall
determine an appropriate grant period for grants awarded under
this subsection. Such grants may be renewed at the discretion
of the Attorney General.
``(5) Evaluation.--The Attorney General shall require each
grantee under this subsection to annually submit the results of
the monitoring and evaluations required under subsections (a)
and (b) of section 1705, and shall publish an annual report
regarding such results and the effectiveness of the activities
carried out under each such grant.
``(6) Inapplicable provisions.--The following provisions of
this part shall not apply to grants awarded under this
subsection:
``(A) Subsection (j) of this section (relating to
grants to Indian tribes).
``(B) Section 1703 (relating to renewal of grants).
``(7) Definitions.--In this subsection:
``(A) Child.--The term `child' means an individual
under 21 years of age.
``(B) Disabled individual.--The term `disabled
individual' means--
``(i) an individual with 1 or more
disabilities (as defined in section 3 of the
Americans with Disabilities Act of 1990 (42
U.S.C. 12102)); or
``(ii) an individual who has been diagnosed
by a physician or other qualified medical
professional with Alzheimer's disease or a
related dementia.
``(C) Elderly individual.--The term `elderly
individual' means an individual who is 60 years of age
or older.
``(D) Missing.--The term `missing', with respect to a
child, an elderly individual, or a disabled individual,
means such a child or individual who has been reported
to law enforcement as missing and whose whereabouts are
unknown to Federal, State, tribal, and local law
enforcement agencies.
``(E) Rapid telephone and cellular alert call
system.--The term `rapid telephone and cellular alert
call system' means an automated system with the ability
to place at least 1,000 telephone and cellular calls in
60 seconds to a specific geographic area determined by
law enforcement--
``(i) based on the last known whereabouts of
a missing individual; or
``(ii) based on other evidence and determined
by such law enforcement agency to be necessary
to the search for the missing individual.''.
Purpose and Summary
H.R. 4305 adds a new purpose area to the Justice
Department's Community Oriented Policing Service (COPS) Program
for grants to nonprofit organizations that assist law
enforcement agencies with the rapid recovery of missing
children, elderly persons, and disabled persons.
Background and Need for the Legislation
A child goes missing in the United States every 40 seconds,
or over 2,100 per day. At least 800,000 children are reported
missing each year. Of these children, an estimated 200,000
children are abducted by family members and over 55,000 by non-
family members.
In many cases of missing children, an AMBER (America's
Missing: Broadcast Emergency Response) Alert can be issued to
help search efforts. AMBER Alert systems are voluntary
partnerships between law enforcement agencies, broadcasters,
and transportation agencies to activate messages in a targeted
area when a child is abducted and believed to be in grave
danger. The Justice Department's AMBER Alert guidance
recommends only issuing alerts when: law enforcement officials
have a reasonable belief that an abduction has occurred; law
enforcement officials believe that the child is in imminent
danger of serious bodily injury or death; enough descriptive
information exists about the victim and the abductor for law
enforcement to issue an alert (e.g., there is a description of
the suspected abductor or vehicle); the victim is age 17 or
younger; and the child's name and other critical data elements
have been entered into the FBI's National Crime Information
Center (NCIC) system.
Because of these guidelines, an AMBER Alert cannot always
be issued in the critical hours after a child first goes
missing. The Child and Elderly Missing Alert Program would fill
this void by quickly disseminating information about missing
persons within targeted geographic areas when a child, elderly
person, or disabled person is reported missing to law
enforcement agencies, even when the information available is
minimal. This information is disseminated through the use of
recorded telephone calls.
Hearings
The Committee on the Judiciary held no hearings on H.R.
4305.
Committee Consideration
On August 1, 2012, the Committee met in open session and
ordered the bill H.R. 4305 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. 4305.
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. 4305, 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, August 10, 2012.
Hon. Lamar Smith, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4305, the ``Child
and Elderly Missing Alert Program.''
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
H.R. 4305--Child and Elderly Missing Alert Program.
As ordered reported by the House Committee on the Judiciary
on August 1, 2012.
SUMMARY
H.R. 4305 would authorize the Department of Justice (DOJ)
to make grants to nonprofit organizations to establish an alert
system to assist law enforcement agencies in recovering missing
children, elderly, and disabled individuals. Grants could also
be used by recipients to improve the technology of the alert
system, provide training for users of the system, and for other
purposes.
Assuming appropriation of the necessary amounts, CBO
estimates that implementing H.R. 4305 would cost $19 million
over the 2013-2017 period. Pay-as-you-go procedures do not
apply to this legislation because it would not affect direct
spending or revenues.
H.R. 4305 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
ESTIMATED COST TO THE FEDERAL GOVERNMENT
The estimated budgetary impact of H.R. 4305 is shown in the
following table. CBO assumes that the estimated amounts will be
appropriated near the start of each fiscal year and that
outlays will follow the historical rate of spending for similar
activities. The costs of this legislation fall within budget
function 750 (administration of justice).
By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
2013 2014 2015 2016 2017 2013-2017
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level 4 4 4 4 4 20
Estimated Outlays 3 4 4 4 4 19
----------------------------------------------------------------------------------------------------------------
BASIS OF ESTIMATE
H.R. 4305 would authorize DOJ to make grants to nonprofit
organizations to establish a rapid telephone and cellular alert
system to assist Federal, State, local, and tribal law
enforcement agencies in recovering missing children, elderly,
and disabled individuals. Grants could also be used by
recipients to improve the technology of the alert system,
provide training for users of the system, and assist law
enforcement agencies in combating human trafficking and
providing education and prevention programs.
Based on information from a nonprofit organization (A Child
Is Missing) that provides alerts, training, and other services
relating to missing individuals, CBO estimates that the grants
authorized by H.R. 4305 would require funding of about $4
million annually.
PAY-AS-YOU-GO CONSIDERATIONS:
None.
INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT
H.R. 4305 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
ESTIMATE PREPARED BY:
Federal Costs: Mark Grabowicz
Impact on State, Local, and Tribal Governments: Melissa Merrell
Impact on the Private Sector: Marin Randall
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.
4305 adds a new purpose area to the COPS Program for grants to
nonprofit organizations that assist law enforcement agencies
with the rapid recovery of missing children, elderly persons,
and disabled persons.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 4305 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Short title. Section 1 sets forth the short title
of the bill as the Child and Elderly Missing Alert Program.
Sec. 2. Program to Assist Federal, State, Tribal, and Local
Law Enforcement Agencies in the Rapid Recovery of Missing
Children, the Elderly, and Disabled Individuals. Section 2 adds
a new purpose area to the Justice Department's COPS Program for
grants to nonprofit organizations that assist law enforcement
agencies with the rapid recovery of missing children, elderly
persons, and disabled persons. The grant funds can used, among
other things, to make rapid recorded telephone calls
disseminating information regarding missing persons, to
maintain and expand technology, to provide training to law
enforcement entities, and to share information regarding
missing persons to the National Center for Missing and
Exploited Children. This section also provides eligibility
requirements for the program and requires that grantees provide
an evaluation of their services to the Justice Department each
year, which shall be published in an annual report.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968
* * * * * * *
TITLE I--JUSTICE SYSTEM IMPROVEMENT
* * * * * * *
PART Q--PUBLIC SAFETY AND COMMUNITY POLICING; ``COPS ON THE BEAT''
SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND COMMUNITY POLICING
GRANTS.
(a) * * *
(b) uses of grant amounts.--The purposes for which grants
made under subsection (a) may be made are--
(1) * * *
* * * * * * *
(16) to support the purchase by a law enforcement
agency of no more than 1 service weapon per officer,
upon hiring for deployment in community-oriented
policing or, if necessary, upon existing officers'
initial redeployment to community-oriented policing;
[and]
(17) to permit tribal governments receiving direct
law enforcement services from the Bureau of Indian
Affairs to access the program under this section for
use in accordance with paragraphs (1) through (16)[.];
and
(18) to permit eligible nonprofit organizations to
assist Federal, State, tribal, and local law
enforcement agencies in the rapid recovery of missing
children, elderly individuals, and disabled individuals
through the use of a rapid telephone and cellular alert
call system, in accordance with subsection (l).
* * * * * * *
(l) Child and Elderly Missing Alerts.--
(1) In general.--The Attorney General is authorized
to award grants to eligible nonprofit organizations to
assist Federal, State, tribal, and local law
enforcement agencies in the rapid recovery of missing
children, elderly individuals, and disabled individuals
through the use of a rapid telephone and cellular alert
call system.
(2) Specified use of funds.--The grants awarded
under this subsection shall be used to--
(A) provide services to Federal, State,
tribal, and local law enforcement agencies, in
response to a request from such agencies, to
promote the rapid recovery of a missing child,
an elderly individual, or a disabled individual
by utilizing rapid telephone and cellular alert
calls;
(B) maintain and expand technologies and
techniques to ensure the highest level of
performance of such services;
(C) provide both centralized and on-site
training and distribute information to Federal,
State, tribal, and local law enforcement agency
officials about missing children, elderly
individuals, and disabled individuals and use
of a rapid telephone and cellular alert call
system;
(D) provide services to Federal, State,
tribal, and local Child Abduction Response
Teams;
(E) assist Federal, State, tribal, and
local law enforcement agencies to combat human
trafficking through the use of rapid telephone
and cellular alert calls;
(F) share appropriate information on cases
with the National Center for Missing and
Exploited Children, the AMBER Alert, Silver
Alert, and Blue Alert programs, and appropriate
Federal, State, tribal, and local law
enforcement agencies; and
(G) assist appropriate organizations,
including Federal, State, tribal, and local law
enforcement agencies, with education and
prevention programs related to missing
children, elderly individuals, and disabled
individuals.
(3) Eligibility.--To be an eligible nonprofit
organization for purposes of a grant under this
subsection, a nonprofit organization shall have
experience providing rapid telephone and cellular alert
calls on behalf of Federal, State, and local law
enforcement agencies to find missing children and
elderly adults.
(4) Grant period and renewal.--The Attorney General
shall determine an appropriate grant period for grants
awarded under this subsection. Such grants may be
renewed at the discretion of the Attorney General.
(5) Evaluation.--The Attorney General shall require
each grantee under this subsection to annually submit
the results of the monitoring and evaluations required
under subsections (a) and (b) of section 1705, and
shall publish an annual report regarding such results
and the effectiveness of the activities carried out
under each such grant.
(6) Inapplicable provisions.--The following
provisions of this part shall not apply to grants
awarded under this subsection:
(A) Subsection (j) of this section
(relating to grants to Indian tribes).
(B) Section 1703 (relating to renewal of
grants).
(7) Definitions.--In this subsection:
(A) Child.--The term ``child'' means an
individual under 21 years of age.
(B) Disabled individual.--The term
``disabled individual'' means--
(i) an individual with 1 or more
disabilities (as defined in section 3
of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12102)); or
(ii) an individual who has been
diagnosed by a physician or other
qualified medical professional with
Alzheimer's disease or a related
dementia.
(C) Elderly individual.--The term ``elderly
individual'' means an individual who is 60
years of age or older.
(D) Missing.--The term ``missing'', with
respect to a child, an elderly individual, or a
disabled individual, means such a child or
individual who has been reported to law
enforcement as missing and whose whereabouts
are unknown to Federal, State, tribal, and
local law enforcement agencies.
(E) Rapid telephone and cellular alert call
system.--The term ``rapid telephone and
cellular alert call system'' means an automated
system with the ability to place at least 1,000
telephone and cellular calls in 60 seconds to a
specific geographic area determined by law
enforcement--
(i) based on the last known
whereabouts of a missing individual; or
(ii) based on other evidence and
determined by such law enforcement
agency to be necessary to the search
for the missing individual.
* * * * * * *