National Silver Alert Act of 2014 - Directs the Attorney General to: (1) establish a national Silver Alert communications network within the Department of Justice (DOJ) to assist regional and local search efforts for missing seniors; (2) ensure that, when feasible, the network is able to operate in coordination with the AMBER Alert communications network; and (3) designate an individual of DOJ to serve as the Silver Alert Coordinator to coordinate the network with states. Defines "missing senior" as any individual who is reported as missing to or by a law enforcement agency and who meets state requirements for designation as a missing senior.
Directs the Coordinator to: (1) establish minimum standards for the issuance and dissemination of alerts issued through the network; and (2) make available to states, local governments, law enforcement agencies, and other concerned entities network training and information.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5361 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5361
To encourage, enhance, and integrate Silver Alert plans throughout the
United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 31, 2014
Mr. Murphy of Florida (for himself and Mr. Joyce) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To encourage, enhance, and integrate Silver Alert plans throughout the
United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Silver Alert Act of 2014''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``missing senior'' means 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; and
(2) 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.
SEC. 3. SILVER ALERT COMMUNICATIONS NETWORK.
(a) In General.--The Attorney General shall, subject to the
availability of appropriations, 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.
(b) Coordination With AMBER Alert Network.--In establishing the
Silver Alert communications network under subsection (a), the Attorney
General shall ensure that, when feasible, the Silver Alert
communications network is able to operate in coordination with the
AMBER Alert communications network, established under subtitle A of
title III of the PROTECT Act (42 U.S.C. 5791 et seq.), to maximize the
efficiency of both networks.
SEC. 4. SILVER ALERT COORDINATOR.
(a) National Coordinator Within Department of Justice.--The
Attorney General shall designate an individual within 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 Act 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 Silver 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 the
disappearance of the senior, warrant the
issuance of 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 a 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 Silver Alert
communications 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 Silver Alert
communications network; and
(B) regional coordination of alerts for missing
seniors through the Silver Alert communications
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 of the Department of Justice, and other
appropriate offices of the Department of Justice in carrying
out activities under this Act.
(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 5 and in carrying out other activities under this Act,
as appropriate.
(d) Annual Reports.--
(1) In general.--Not later than 1 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.
(2) Contents.--Each report submitted under paragraph (1)
shall include--
(A) a list of States that have established Silver
Alert plans;
(B) a list of States that are in the process of
establishing Silver Alert plans;
(C) for each State that has established a Silver
Alert plan, to the extent the data is available--
(i) the number of Silver Alerts issued;
(ii) the number of individuals located
successfully;
(iii) the average period of time between
the issuance of a Silver Alert and the location
of the individual for whom such Alert was
issued;
(iv) the State agency or authority issuing
Silver Alerts, and the process by which Silver
Alerts are disseminated;
(v) the cost of establishing and operating
the Silver Alert plan;
(vi) the criteria used by the State to
determine whether to issue a Silver Alert; and
(vii) the extent to which missing
individuals for whom Silver Alerts were issued
crossed State lines;
(D) actions States have taken to protect the
privacy and dignity of the individuals for whom Silver
Alerts are issued;
(E) ways that States have facilitated and improved
communication about missing individuals between
families, caregivers, law enforcement officials, and
other authorities; and
(F) any other information the Coordinator
determines to be appropriate.
SEC. 5. 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 Silver Alert 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 4, 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) is 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 circumstances and physical and mental condition of the
missing senior, 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. 6. 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 of the Department of Justice to determine
if any existing material with respect to training programs or
educational materials developed or used as part of the Missing
Alzheimer's Disease Patient Alert Program are appropriate and
may be used for the programs under subsection (a).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR THE SILVER ALERT
COMMUNICATIONS NETWORK.
There are authorized to be appropriated to the Department of
Justice $500,000 to carry out the Silver Alert communications network
as authorized under this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
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