```

[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.

           *       *       *       *       *       *       *

                                  

```