II 

110TH CONGRESS 

2D SESSION S. 3579 

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. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 25 (legislative day, SEPTEMBER 17), 2008 

Mr. MARTINEZ (for himself and Mr. KOHL) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 TITLE I—SILVER ALERT 

4 COMMUNICATIONS NETWORK 

5 SECTION 101. SHORT TITLE. 

6 This title may be cited as the ‘‘National Silver Alert 

7 Act’’. 


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1 SEC. 102. DEFINITIONS. 

2 For purposes of this title: 

3 (1) STATE.—The term ‘‘State’’ means each of 

4 the 50 States, the District of Columbia, the Com5 monwealth of Puerto Rico, the United States Virgin 

6 Islands, Guam, American Samoa, and the Common7 wealth of the Northern Mariana Islands. 

8 (2) MISSING SENIOR.—The term ‘‘missing sen9 ior’’ refers to any individual who— 

10 (A) is reported to, or identified by, a law 

11 enforcement agency as a missing person; and 

12 (B) meets the requirements to be des13 ignated as a missing senior, as determined by 

14 the State in which the individual is reported or 

15 identified as a missing person. 

16 SEC. 103. SILVER ALERT COMMUNICATIONS NETWORK. 

17 The Attorney General shall, subject to the availability 

18 of appropriations under section 107, establish a national 

19 Silver Alert communications network within the Depart20 ment of Justice to provide assistance to regional and local 

21 search efforts for missing seniors through the initiation, 

22 facilitation, and promotion of local elements of the net23 work (known as Silver Alert plans) in coordination with 

24 States, units of local government, law enforcement agen25 cies, and other concerned entities with expertise in pro26 viding services to seniors. 


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1 SEC. 104. SILVER ALERT COORDINATOR. 

2 (a) NATIONAL COORDINATOR WITHIN DEPARTMENT

3 OF JUSTICE.—The Attorney General shall designate an 

4 individual of the Department of Justice to act as the na5 tional coordinator of the Silver Alert communications net6 work. The individual so designated shall be known as the 

7 Silver Alert Coordinator of the Department of Justice (re8 ferred to in this title as the ‘‘Coordinator’’). 

9 (b) DUTIES OF THE COORDINATOR.—In acting as the 

10 national coordinator of the Silver Alert communications 

11 network, the Coordinator shall— 

12 (1) work with States to encourage the develop13 ment of additional Silver Alert plans in the network; 

14 (2) establish voluntary guidelines for States to 

15 use in developing Silver Alert plans that will pro16 mote compatible and integrated Silver Alert plans 

17 throughout the United States, including— 

18 (A) a list of the resources necessary to es19 tablish a Silver Alert plan; 

20 (B) criteria for evaluating whether a situa21 tion warrants issuing a Silver Alert, taking into 

22 consideration the need for the use of such 

23 Alerts to be limited in scope because the effec24 tiveness of the Silver Alert communications net25 work may be affected by overuse, including cri26 teria to determine— 


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1 (i) whether the mental capacity of a 

2 senior who is missing, and the cir3 cumstances of his or her disappearance, 

4 warrant the issuance a Silver Alert; and 

5 (ii) whether the individual who reports 

6 that a senior is missing is an appropriate 

7 and credible source on which to base the 

8 issuance of a Silver Alert; 

9 (C) a description of the appropriate uses of 

10 the Silver Alert name to readily identify the na11 ture of search efforts for missing seniors; and 

12 (D) recommendations on how to protect 

13 the privacy, dignity, independence, and auton14 omy of any missing senior who may be the sub15 ject of a Silver Alert; 

16 (3) develop proposed protocols for efforts to re17 cover missing seniors and to reduce the number of 

18 seniors who are reported missing, including protocols 

19 for procedures that are needed from the time of ini20 tial notification of a law enforcement agency that 

21 the senior is missing through the time of the return 

22 of the senior to family, guardian, or domicile, as ap23 propriate, including— 

24 (A) public safety communications protocol; 

25 (B) case management protocol; 


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1 (C) command center operations; 

2 (D) reunification protocol; and 

3 (E) incident review, evaluation, debriefing, 

4 and public information procedures; 

5 (4) work with States to ensure appropriate re6 gional coordination of various elements of the net7 work; 

8 (5) establish an advisory group to assist States, 

9 units of local government, law enforcement agencies, 

10 and other entities involved in the Silver Alert com11 munications network with initiating, facilitating, and 

12 promoting Silver Alert plans, which shall include— 

13 (A) to the maximum extent practicable, 

14 representation from the various geographic re15 gions of the United States; and 

16 (B) members who are— 

17 (i) representatives of senior citizen ad18 vocacy groups, law enforcement agencies, 

19 and public safety communications; 

20 (ii) broadcasters, first responders, dis21 patchers, and radio station personnel; and 

22 (iii) representatives of any other indi23 viduals or organizations that the Coordi24 nator determines are necessary to the sucVerDate Aug 31 2005 00:34 Sep 28, 2008 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3579.IS S3579

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1 cess of the Silver Alert communications 

2 network; and 

3 (6) act as the nationwide point of contact for— 

4 (A) the development of the network; and 

5 (B) regional coordination of alerts for 

6 missing seniors through the network. 

7 (c) COORDINATION.— 

8 (1) COORDINATION WITH OTHER AGENCIES.— 

9 The Coordinator shall coordinate and consult with 

10 the Secretary of Transportation, the Federal Com11 munications Commission, the Assistant Secretary for 

12 Aging of the Department of Health and Human 

13 Services, the head of the Missing Alzheimer’s Dis14 ease Patient Alert Program, and other appropriate 

15 offices of the Department of Justice in carrying out 

16 activities under this title. 

17 (2) STATE AND LOCAL COORDINATION.—The 

18 Coordinator shall consult with local broadcasters and 

19 State and local law enforcement agencies in estab20 lishing minimum standards under section 105 and in 

21 carrying out other activities under this title, as ap22 propriate. 

23 (d) ANNUAL REPORTS.—Not later than one year 

24 after the date of enactment of this Act, and annually 

25 thereafter, the Coordinator shall submit to Congress a reVerDate Aug 31 2005 00:34 Sep 28, 2008 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3579.IS S3579

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1 port on the activities of the Coordinator and the effective2 ness and status of the Silver Alert plans of each State 

3 that has established or is in the process of establishing 

4 such a plan. Each such report shall include— 

5 (1) a list of States that have established Silver 

6 Alert plans; 

7 (2) a list of States that are in the process of 

8 establishing Silver Alert plans; 

9 (3) for each State that has established such a 

10 plan, to the extent the data is available— 

11 (A) the number of Silver Alerts issued; 

12 (B) the number of individuals located suc13 cessfully; 

14 (C) the average period of time between the 

15 issuance of a Silver Alert and the location of 

16 the individual for whom such Alert was issued; 

17 (D) the State agency or authority issuing 

18 Silver Alerts, and the process by which Silver 

19 Alerts are disseminated; 

20 (E) the cost of establishing and operating 

21 such a plan; 

22 (F) the criteria used by the State to deter23 mine whether to issue a Silver Alert; and 


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1 (G) the extent to which missing individuals 

2 for whom Silver Alerts were issued crossed 

3 State lines; 

4 (4) actions States have taken to protect the pri5 vacy and dignity of the individuals for whom Silver 

6 Alerts are issued; 

7 (5) ways that States have facilitated and im8 proved communication about missing individuals be9 tween families, caregivers, law enforcement officials, 

10 and other authorities; and 

11 (6) any other information the Coordinator de12 termines to be appropriate. 

13 SEC. 105. MINIMUM STANDARDS FOR ISSUANCE AND DIS14 SEMINATION OF ALERTS THROUGH SILVER 

15 ALERT COMMUNICATIONS NETWORK. 

16 (a) ESTABLISHMENT OF MINIMUM STANDARDS.— 

17 Subject to subsection (b), the Coordinator shall establish 

18 minimum standards for— 

19 (1) the issuance of alerts through the Silver 

20 Alert communications network; and 

21 (2) the extent of the dissemination of alerts 

22 issued through the network. 

23 (b) LIMITATIONS.— 

24 (1) VOLUNTARY PARTICIPATION.—The min25 imum standards established under subsection (a) of 


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1 this section, and any other guidelines and programs 

2 established under section 104, shall be adoptable on 

3 a voluntary basis only. 

4 (2) DISSEMINATION OF INFORMATION.—The 

5 minimum standards shall, to the maximum extent 

6 practicable (as determined by the Coordinator in 

7 consultation with State and local law enforcement 

8 agencies), provide that appropriate information re9 lating to the special needs of a missing senior (in10 cluding health care needs) are disseminated to the 

11 appropriate law enforcement, public health, and 

12 other public officials. 

13 (3) GEOGRAPHIC AREAS.—The minimum stand14 ards shall, to the maximum extent practicable (as 

15 determined by the Coordinator in consultation with 

16 State and local law enforcement agencies), provide 

17 that the dissemination of an alert through the Silver 

18 Alert communications network be limited to the geo19 graphic areas which the missing senior could reason20 ably reach, considering the missing senior’s cir21 cumstances and physical and mental condition, the 

22 modes of transportation available to the missing sen23 ior, and the circumstances of the disappearance. 

24 (4) AGE REQUIREMENTS.—The minimum 

25 standards shall not include any specific age requireVerDate Aug 31 2005 00:34 Sep 28, 2008 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3579.IS S3579

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1 ment for an individual to be classified as a missing 

2 senior for purposes of the Silver Alert communica3 tion network. Age requirements for determinations 

4 of whether an individual is a missing senior shall be 

5 determined by each State, and may vary from State 

6 to State. 

7 (5) PRIVACY AND CIVIL LIBERTIES PROTEC8 TIONS.—The minimum standards shall— 

9 (A) ensure that alerts issued through the 

10 Silver Alert communications network comply 

11 with all applicable Federal, State, and local pri12 vacy laws and regulations; and 

13 (B) include standards that specifically pro14 vide for the protection of the civil liberties and 

15 sensitive medical information of missing sen16 iors. 

17 (6) STATE AND LOCAL VOLUNTARY COORDINA18 TION.—In carrying out the activities under sub19 section (a), the Coordinator may not interfere with 

20 the current system of voluntary coordination be21 tween local broadcasters and State and local law en22 forcement agencies for purposes of the Silver Alert 

23 communications network. 


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1 SEC. 106. TRAINING AND OTHER RESOURCES. 

2 (a) TRAINING AND EDUCATIONAL PROGRAMS.—The 

3 Coordinator shall make available to States, units of local 

4 government, law enforcement agencies, and other con5 cerned entities that are involved in initiating, facilitating, 

6 or promoting Silver Alert plans, including broadcasters, 

7 first responders, dispatchers, public safety communica8 tions personnel, and radio station personnel— 

9 (1) training and educational programs related 

10 to the Silver Alert communication network and the 

11 capabilities, limitations, and anticipated behaviors of 

12 missing seniors, which shall be updated regularly to 

13 encourage the use of new tools, technologies, and re14 sources in Silver Alert plans; and 

15 (2) informational materials, including bro16 chures, videos, posters, and web sites to support and 

17 supplement such training and educational programs. 

18 (b) COORDINATION.—The Coordinator shall coordi19 nate— 

20 (1) with the Assistant Secretary for Aging of 

21 the Department of Health and Human Services in 

22 developing the training and educational programs 

23 and materials under subsection (a); and 

24 (2) with the head of the Missing Alzheimer’s 

25 Disease Patient Alert Program within the Depart26 ment of Justice, to determine if any existing mateVerDate Aug 31 2005 00:34 Sep 28, 2008 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3579.IS S3579

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1 rial with respect to training programs or educational 

2 materials developed or used as part of such Patient 

3 Alert Program are appropriate and may be used for 

4 the programs under subsection (a). 

5 SEC. 107. AUTHORIZATION OF APPROPRIATIONS FOR THE 

6 SILVER ALERT COMMUNICATIONS NETWORK. 

7 There are authorized to be appropriated to the De8 partment of Justice such sums as may be necessary to 

9 carry out the Silver Alert communications network as au10 thorized under this title. 

11 SEC. 108. GRANT PROGRAM FOR SUPPORT OF SILVER 

12 ALERT PLANS. 

13 (a) GRANT PROGRAM.—Subject to the availability of 

14 appropriations to carry out this section, the Attorney Gen15 eral shall carry out a program to provide grants to States 

16 for the development and enhancement of programs and 

17 activities for the support of Silver Alert plans and the Sil18 ver Alert communications network. 

19 (b) ACTIVITIES.—Activities funded by grants under 

20 the program under subsection (a) may include— 

21 (1) the development and implementation of edu22 cation and training programs, and associated mate23 rials, relating to Silver Alert plans; 


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1 (2) the development and implementation of law 

2 enforcement programs, and associated equipment, 

3 relating to Silver Alert plans; 

4 (3) the development and implementation of new 

5 technologies to improve Silver Alert communications; 

6 and 

7 (4) such other activities as the Attorney Gen8 eral considers appropriate for supporting the Silver 

9 Alert communications network. 

10 (c) FEDERAL SHARE.—The Federal share of the cost 

11 of any activities funded by a grant under the program 

12 under subsection (a) may not exceed 50 percent. 

13 (d) DISTRIBUTION OF GRANTS ON GEOGRAPHIC

14 BASIS.—The Attorney General shall, to the maximum ex15 tent practicable, ensure the distribution of grants under 

16 the program under subsection (a) on an equitable basis 

17 throughout the various regions of the United States. 

18 (e) ADMINISTRATION.—The Attorney General shall 

19 prescribe requirements, including application require20 ments, for grants under the program under subsection (a). 

21 (f) AUTHORIZATION OF APPROPRIATIONS.— 

22 (1) There is authorized to be appropriated to 

23 the Department of Justice $5,000,000 for each of 

24 the fiscal years 2009 through 2013 to carry out this 

25 section and, in addition, $5,000,000 for each of the 


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1 fiscal years 2009 through 2013 to carry out sub2 section (b)(3). 

3 (2) Amounts appropriated pursuant to the au4 thorization of appropriations in paragraph (1) shall 

5 remain available until expended. 

6 SEC. 109. SAMMY KIRK VOLUNTARY ELECTRONIC MONI7 TORING PROGRAM. 

8 (a) PROGRAM AUTHORIZED.—The Attorney General, 

9 after consultation with the Secretary of Health and 

10 Human Services, is authorized to award grants to States 

11 and units of local government to carry out programs to 

12 provide voluntary electronic monitoring services to elderly 

13 individuals to assist in the location of such individuals if 

14 such individuals are reported as missing. 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to carry out this section 

17 $2,000,000 for each of the fiscal years 2009 through 

18 2014. 

19 (c) DESIGNATION.—The grant program authorized 

20 under this section shall be referred to as the ‘‘Sammy Kirk 

21 Voluntary Electronic Monitoring Program’’. 


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1 TITLE II—KRISTEN’S ACT 

2 REAUTHORIZATION 

3 SEC. 201. SHORT TITLE. 

4 This title may be cited as ‘‘Kristen’s Act Reauthor5 ization of 2008’’. 

6 SEC. 202. FINDINGS. 

7 Congress finds the following: 

8 (1) Every year thousands of adults become 

9 missing due to advanced age, diminished mental ca10 pacity, or foul play. Often there is no information 

11 regarding the whereabouts of these adults and many 

12 of them are never reunited with their families. 

13 (2) Missing adults are at great risk of both 

14 physical harm and sexual exploitation. 

15 (3) In most cases, families and local law en16 forcement officials have neither the resources nor 

17 the expertise to undertake appropriate search efforts 

18 for a missing adult. 

19 (4) The search for a missing adult requires co20 operation and coordination among Federal, State, 

21 and local law enforcement agencies and assistance 

22 from distant communities where the adult may be lo23 cated. 

24 (5) Federal assistance is urgently needed to 

25 help with coordination among such agencies. 


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1 SEC. 203. GRANTS FOR THE ASSISTANCE OF ORGANIZA2 TIONS TO FIND MISSING ADULTS. 

3 (a) GRANTS.— 

4 (1) GRANT PROGRAM.—Subject to the avail5 ability of appropriations to carry out this section, 

6 the Attorney General shall make competitive grants 

7 to public agencies or nonprofit private organizations, 

8 or combinations thereof, to— 

9 (A) maintain a national resource center 

10 and information clearinghouse for missing and 

11 unidentified adults; 

12 (B) maintain a national, interconnected 

13 database for the purpose of tracking missing 

14 adults who are determined by law enforcement 

15 to be endangered due to age, diminished mental 

16 capacity, or the circumstances of disappearance, 

17 when foul play is suspected or circumstances 

18 are unknown; 

19 (C) coordinate public and private programs 

20 that locate or recover missing adults or reunite 

21 missing adults with their families; 

22 (D) provide assistance and training to law 

23 enforcement agencies, State and local govern24 ments, elements of the criminal justice system, 

25 nonprofit organizations, and individuals in the 


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1 prevention, investigation, prosecution, and 

2 treatment of cases involving missing adults; 

3 (E) provide assistance to families in locat4 ing and recovering missing adults; and 

5 (F) assist in public notification and victim 

6 advocacy related to missing adults. 

7 (2) APPLICATIONS.—The Attorney General 

8 shall periodically solicit applications for grants under 

9 this section by publishing a request for applications 

10 in the Federal Register and by posting such a re11 quest on the website of the Department of Justice. 

12 (b) OTHER DUTIES.—The Attorney General shall— 

13 (1) coordinate programs relating to missing 

14 adults that are funded by the Federal Government; 

15 and 

16 (2) encourage coordination between State and 

17 local law enforcement and public agencies and non18 profit private organizations receiving a grant pursu19 ant to subsection (a). 

20 SEC. 204. AUTHORIZATION OF APPROPRIATIONS. 

21 There are authorized to be appropriated to carry out 

22 this title $4,000,000 for each of fiscal years 2009 through 

23 2019. 

Æ 


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