February 10, 2009 CONGRESSIONAL RECORD — HOUSE H1123 believe it’s important to advocate on I reserve the balance of my time. As a Nation, we are not judged by the behalf of all victims, especially our Mr. JOHNSON of Georgia. Mr. Speak- way we treat the rich, the famous, the seniors. This is why I am a cosponsor er, I yield such time as he may con- powerful, the important folks that live of this important piece of legislation to sume to the sponsor of this legislation, among us; but we as a community in protect our elders. a former admiral, the gentleman from this Nation are judged by the way we Elder abuse is a serious issue facing Pennsylvania (Mr. SESTAK). treat the most vulnerable among us, the country, and whether abuse is hap- Mr. SESTAK. The previous bill was the weak, the innocent, the children, pening in homes or senior care facili- on Alzheimer’s. And, in my district, I and the elderly. That is how we will be ties, we must do what we can as a Na- had one of those patients. A few years judged as a Nation. It is important tion to protect these seniors. I believe ago, he was beat six times with a belt that we then pass this legislation to that because seniors are often unable buckle. One of his neighbors had de- help protect those innocent among us, to defend themselves from mistreat- mentia, and he was defrauded of $84,000 and in this bill it happens to be the el- ment and abuse, that we must work to- four months before he passed away. It’s derly. I urge adoption of this bill. gether to prevent violence from occur- why I submitted the Elder Abuse Vic- I yield back the balance of my time. ring in the first place. tims Act. Mr. JOHNSON of Georgia. Mr. Speak- Currently, people over the age of 50 This incidence of elder abuse, wheth- er, prior to yielding back, I would like make up 12 percent of the Nation’s er it’s physical, financial, moral, de- to glance over at the other side of the murder victims and 7 percent of other grading—and I mean sexual—or these aisle and recognize my good friend, serious and violent crime. Our eldest types of exploitations are only growing Judge POE, who is probably well famil- seniors, 80 years of age and over, are in numbers. In my State of Pennsyl- iar with elder abuse and this general abused and neglected at three times vania, the third oldest in the Nation, topic, he having been a trial court the rate of all other senior citizens. between 2006 and 2007, and then 2007 judge down in Beaumont, Texas. Mr. H.R. 448, the Elder Abuse Victims and 2008, the incidences increased 39 Speaker, I strongly emphasize my sup- Act, sponsored by Representative percent. port of this legislation. SESTAK, helps protect our older Ameri- Yet, we are really not sure how many I yield back the balance of my time. cans from this type of abuse. Specifi- incidents there are. My colleague from The SPEAKER pro tempore. The cally, the bill authorizes the Depart- Georgia cited numbers may be more question is on the motion offered by ment of Justice to provide grants to than 51⁄2 million. But we don’t know. At the gentleman from Georgia (Mr. JOHN- State and local law enforcement agen- least 84 percent of them are reported to SON) that the House suspend the rules cies, prosecutors, and courts, to assist be unreported. and pass the bill, H.R. 448, as amended. in the investigation and prosecution of The issue is that we truly need to The question was taken. elder victimization. step back and have a look, a com- The SPEAKER pro tempore. In the In addition to physical abuse, these prehensive review of all the States and opinion of the Chair, two-thirds being grants also include identity theft, mail the agencies that are intent upon ad- in the affirmative, the ayes have it. fraud, and telemarketing fraud as dressing this issue to some degree and Mr. SESTAK. Mr. Speaker, on that I types of elder abuse. H.R. 448 author- come up with one uniform type of defi- demand the yeas and nays. izes the Department of Justice to also nition and standard by which we could The yeas and nays were ordered. award grant funding to local law en- begin to build up the correct reporting The SPEAKER pro tempore. Pursu- forcement agencies and first responders requirements we need in order to prop- ant to clause 8 of rule XX and the that assist in locating the elderly that erly address this issue. Then we need to Chair’s prior announcement, further are missing. These grants will support step over and recognize that we do proceedings on this motion will be programs that monitor older Ameri- well, and need to do even better, for postponed. cans in an effort to prevent them from our women. f facing future harm. We appropriate $540 million towards In addition, the bill instructs the violence against women, and $6.9 bil- NATIONAL SILVER ALERT ACT OF Justice Department to carry out a lion for child abuse, but then recognize 2009 study of State laws and procedures re- it’s only a bit over $100 million for sen- Mr. JOHNSON of Georgia. Mr. Speak- garding elder abuse and neglect and ex- ior abuse. And while we need to do er, I move to suspend the rules and ploitation. The study will give us a bet- more in those areas, we need to bring pass the bill (H.R. 632) to encourage, ter idea of where we stand and what this one up to a higher level for our enhance, and integrate Silver Alert more we can do as a Nation to address seniors. plans throughout the United States, to this serious problem. I speak in support of this growing authorize grants for the assistance of H.R. 448 also directs the Department population of ours. I do so because it organizations to find missing adults, to create a long-term plan on how to was well laid out by both sides of the and for other purposes. better prevent and detect elder abuse. aisle here that in addition to this one The Clerk read the title of the bill. The plan is also to focus on the treat- uniform comprehensive set of defini- The text of the bill is as follows: ment of victims, as well as to evaluate tions and standards, that we then need H.R. 632 current elder abuse programs. the proper grants given to the law en- Be it enacted by the Senate and House of Rep- Mr. Speaker, everyone has a grand- forcement, as well as the prosecution, resentatives of the United States of America in mother, and the thought of our grand- as well as the victim advocacy citizens Congress assembled, mothers being neglected and abused is that are trying to do their best to ad- TITLE I—SILVER ALERT outrageous. Nothing made my blood dress this. COMMUNICATIONS NETWORK boil more as a judge to see a case where So, in conclusion, I speak in support SECTION 101. SHORT TITLE. some elderly person has been assaulted of this bill because I think Hubert This title may be cited as the ‘‘National and their case was on trial. Humphrey probably had it best: The Silver Alert Act 2009’’. Older Americans, whether they are moral test of a government is how well SEC. 102. DEFINITIONS. our parents, our grandparents, or our it does not only for those in the dawn For purposes of this title: neighbors, hold an important place in of life—the children—and those in the (1) STATE.—The term ‘‘State’’ means each our society. They have lived long lives shadows of life—the sick and the dis- of the 50 States, the District of Columbia, and given much to their communities abled, the handicapped—but also those the Commonwealth of Puerto Rico, the and their families. The acts of abuse in the twilight of life, our seniors. United States Virgin Islands, Guam, Amer- ican Samoa, and the Commonwealth of the against them are intolerable, and they And so I request the support of all on deserve the protection that we can give Northern Mariana Islands. this bill. (2) MISSING SENIOR.—The term ‘‘missing them under H.R. 448. b 1845 senior’’ refers to any individual who— We passed a similar bill under sus- (A) is reported to, or identified by, a law pension in the last Congress, and I urge Mr. POE of Texas. Mr. Speaker, I enforcement agency as a missing person; and my colleagues to support this legisla- yield myself such time as I may con- (B) meets the requirements to be des- tion. sume. ignated as a missing senior, as determined

VerDate Nov 24 2008 02:10 Feb 11, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K10FE7.088 H10FEPT1 wwoods2 on PRODPC68 with HOUSE H1124 CONGRESSIONAL RECORD — HOUSE February 10, 2009 by the State in which the individual is re- promoting Silver Alert plans, which shall in- (1) the issuance of alerts through the Sil- ported or identified as a missing person. clude— ver Alert communications network; and SEC. 103. SILVER ALERT COMMUNICATIONS NET- (A) to the maximum extent practicable, (2) the extent of the dissemination of alerts WORK. representation from the various geographic issued through the network. The Attorney General shall, subject to the regions of the United States; and (b) LIMITATIONS.— availability of appropriations under section (B) members who are— (1) VOLUNTARY PARTICIPATION.—The min- 107, establish a national Silver Alert commu- (i) representatives of senior citizen advo- imum standards established under sub- nications network within the Department of cacy groups, law enforcement agencies, and section (a) of this section, and any other Justice to provide assistance to regional and public safety communications; guidelines and programs established under local search efforts for missing seniors (ii) broadcasters, first responders, dis- section 104, shall be adoptable on a voluntary through the initiation, facilitation, and pro- patchers, and radio station personnel; and basis only. motion of local elements of the network (iii) representatives of any other individ- (2) DISSEMINATION OF INFORMATION.—The (known as Silver Alert plans) in coordination uals or organizations that the Coordinator minimum standards shall, to the maximum with States, units of local government, law determines are necessary to the success of extent practicable (as determined by the Co- enforcement agencies, and other concerned the Silver Alert communications network; ordinator in consultation with State and entities with expertise in providing services and local law enforcement agencies), provide to seniors. (6) act as the nationwide point of contact that appropriate information relating to the SEC. 104. SILVER ALERT COORDINATOR. for— special needs of a missing senior (including (a) NATIONAL COORDINATOR WITHIN DEPART- (A) the development of the network; and health care needs) are disseminated to the MENT OF JUSTICE.—The Attorney General (B) regional coordination of alerts for appropriate law enforcement, public health, shall designate an individual of the Depart- missing seniors through the network. and other public officials. ment of Justice to act as the national coor- (c) COORDINATION.— (3) GEOGRAPHIC AREAS.—The minimum dinator of the Silver Alert communications (1) COORDINATION WITH OTHER AGENCIES.— standards shall, to the maximum extent network. The individual so designated shall The Coordinator shall coordinate and con- practicable (as determined by the Coordi- be known as the Silver Alert Coordinator of sult with the Secretary of Transportation, nator in consultation with State and local the Department of Justice (referred to in the Federal Communications Commission, law enforcement agencies), provide that the this title as the ‘‘Coordinator’’). the Assistant Secretary for Aging of the De- dissemination of an alert through the Silver (b) DUTIES OF THE COORDINATOR.—In acting partment of Health and Human Services, the Alert communications network be limited to as the national coordinator of the Silver head of the Missing Alzheimer’s Disease Pa- the geographic areas which the missing sen- Alert communications network, the Coordi- tient Alert Program, and other appropriate ior could reasonably reach, considering the nator shall— offices of the Department of Justice in car- missing senior’s circumstances and physical (1) work with States to encourage the de- rying out activities under this title. and mental condition, the modes of transpor- velopment of additional Silver Alert plans in (2) STATE AND LOCAL COORDINATION.—The tation available to the missing senior, and the network; Coordinator shall consult with local broad- the circumstances of the disappearance. (2) establish voluntary guidelines for casters and State and local law enforcement (4) AGE REQUIREMENTS.—The minimum States to use in developing Silver Alert agencies in establishing minimum standards standards shall not include any specific age plans that will promote compatible and inte- under section 105 and in carrying out other requirement for an individual to be classified grated Silver Alert plans throughout the activities under this title, as appropriate. as a missing senior for purposes of the Silver (d) ANNUAL REPORTS.—Not later than one United States, including— Alert communication network. Age require- year after the date of enactment of this Act, (A) a list of the resources necessary to es- ments for determinations of whether an indi- and annually thereafter, the Coordinator tablish a Silver Alert plan; vidual is a missing senior shall be deter- shall submit to Congress a report on the ac- (B) criteria for evaluating whether a situa- mined by each State, and may vary from tivities of the Coordinator and the effective- State to State. tion warrants issuing a Silver Alert, taking ness and status of the Silver Alert plans of into consideration the need for the use of (5) PRIVACY AND CIVIL LIBERTIES PROTEC- each State that has established or is in the TIONS.—The minimum standards shall— such Alerts to be limited in scope because process of establishing such a plan. Each the effectiveness of the Silver Alert commu- (A) ensure that alerts issued through the such report shall include— Silver Alert communications network com- nications network may be affected by over- (1) a list of States that have established use, including criteria to determine— ply with all applicable Federal, State, and Silver Alert plans; local privacy laws and regulations; and (i) whether the mental capacity of a senior (2) a list of States that are in the process who is missing, and the circumstances of his (B) include standards that specifically pro- of establishing Silver Alert plans; vide for the protection of the civil liberties or her disappearance, warrant the issuance a (3) for each State that has established such Silver Alert; and and sensitive medical information of missing a plan, to the extent the data is available— seniors. (ii) whether the individual who reports (A) the number of Silver Alerts issued; (6) STATE AND LOCAL VOLUNTARY COORDINA- that a senior is missing is an appropriate and (B) the number of individuals located suc- TION.—In carrying out the activities under credible source on which to base the issuance cessfully; of a Silver Alert; subsection (a), the Coordinator may not (C) the average period of time between the interfere with the current system of vol- (C) a description of the appropriate uses of issuance of a Silver Alert and the location of the Silver Alert name to readily identify the untary coordination between local broad- the individual for whom such Alert was casters and State and local law enforcement nature of search efforts for missing seniors; issued; and agencies for purposes of the Silver Alert (D) the State agency or authority issuing communications network. (D) recommendations on how to protect Silver Alerts, and the process by which Sil- the privacy, dignity, independence, and au- ver Alerts are disseminated; SEC. 106. TRAINING AND OTHER RESOURCES. tonomy of any missing senior who may be (E) the cost of establishing and operating (a) TRAINING AND EDUCATIONAL PRO- the subject of a Silver Alert; such a plan; GRAMS.—The Coordinator shall make avail- (3) develop proposed protocols for efforts to (F) the criteria used by the State to deter- able to States, units of local government, recover missing seniors and to reduce the mine whether to issue a Silver Alert; and law enforcement agencies, and other con- number of seniors who are reported missing, (G) the extent to which missing individuals cerned entities that are involved in initi- including protocols for procedures that are for whom Silver Alerts were issued crossed ating, facilitating, or promoting Silver Alert needed from the time of initial notification State lines; plans, including broadcasters, first respond- of a law enforcement agency that the senior (4) actions States have taken to protect ers, dispatchers, public safety communica- is missing through the time of the return of the privacy and dignity of the individuals for tions personnel, and radio station per- the senior to family, guardian, or domicile, whom Silver Alerts are issued; sonnel— as appropriate, including— (5) ways that States have facilitated and (1) training and educational programs re- (A) public safety communications protocol; improved communication about missing in- lated to the Silver Alert communication net- (B) case management protocol; dividuals between families, caregivers, law work and the capabilities, limitations, and (C) command center operations; enforcement officials, and other authorities; anticipated behaviors of missing seniors, (D) reunification protocol; and and which shall be updated regularly to encour- (E) incident review, evaluation, debriefing, (6) any other information the Coordinator age the use of new tools, technologies, and and public information procedures; determines to be appropriate. resources in Silver Alert plans; and (4) work with States to ensure appropriate (2) informational materials, including bro- SEC. 105. MINIMUM STANDARDS FOR ISSUANCE regional coordination of various elements of AND DISSEMINATION OF ALERTS chures, videos, posters, and websites to sup- the network; THROUGH SILVER ALERT COMMU- port and supplement such training and edu- (5) establish an advisory group to assist NICATIONS NETWORK. cational programs. States, units of local government, law en- (a) ESTABLISHMENT OF MINIMUM STAND- (b) COORDINATION.—The Coordinator shall forcement agencies, and other entities in- ARDS.—Subject to subsection (b), the Coordi- coordinate— volved in the Silver Alert communications nator shall establish minimum standards (1) with the Assistant Secretary for Aging network with initiating, facilitating, and for— of the Department of Health and Human

VerDate Nov 24 2008 02:10 Feb 11, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A10FE7.031 H10FEPT1 wwoods2 on PRODPC68 with HOUSE February 10, 2009 CONGRESSIONAL RECORD — HOUSE H1125 Services in developing the training and edu- (4) The search for a missing adult requires last September on suspension but was cational programs and materials under sub- cooperation and coordination among Fed- not able to be considered by the Senate section (a); and eral, State, and local law enforcement agen- before adjournment. (2) with the head of the Missing Alz- cies and assistance from distant commu- Thousands of vulnerable older adults heimer’s Disease Patient Alert Program nities where the adult may be located. within the Department of Justice, to deter- (5) Federal assistance is urgently needed to go missing each year as a result of de- mine if any existing material with respect to help with coordination among such agencies. mentia, diminished capacity, foul play, training programs or educational materials SEC. 203. GRANTS FOR THE ASSISTANCE OF OR- and other unusual circumstances. For developed or used as part of such Patient GANIZATIONS TO FIND MISSING example, the Alzheimer’s Foundation Alert Program are appropriate and may be ADULTS. of America estimates that more than 5 used for the programs under subsection (a). (a) GRANTS.— million Americans suffer from Alz- SEC. 107. AUTHORIZATION OF APPROPRIATIONS (1) GRANT PROGRAM.—Subject to the avail- heimer’s disease; and, according to the FOR THE SILVER ALERT COMMU- ability of appropriations to carry out this foundation, approximately 60 percent NICATIONS NETWORK. section, the Attorney General shall make There are authorized to be appropriated to competitive grants to public agencies or of these men and women are likely to the Department of Justice such sums as may nonprofit private organizations, or combina- wander from their homes. If they do, be necessary to carry out the Silver Alert tions thereof, to— the disorientation and confusion that communications network as authorized (A) maintain a national resource center is a part of this illness keeps many under this title. and information clearinghouse for missing from finding their way back home. SEC. 108. GRANT PROGRAM FOR SUPPORT OF and unidentified adults; Their safe return then often depends on SILVER ALERT PLANS. (B) maintain a national, interconnected (a) GRANT PROGRAM.—Subject to the avail- being found quickly. If not found with- database for the purpose of tracking missing in 24 hours, roughly half risk serious ability of appropriations to carry out this adults who are determined by law enforce- section, the Attorney General shall carry ment to be endangered due to age, dimin- illness, injury, or death. out a program to provide grants to States for ished mental capacity, or the circumstances When the House passed the bill last the development and enhancement of pro- of disappearance, when foul play is suspected Congress, 11 States had Silver Alert grams and activities for the support of Silver or circumstances are unknown; programs. As we again consider this Alert plans and the Silver Alert communica- (C) coordinate public and private programs bill, there are now 13 States with the tions network. that locate or recover missing adults or re- (b) ACTIVITIES.—Activities funded by Silver Alert programs. unite missing adults with their families; grants under the program under subsection The need for Silver Alert programs (D) provide assistance and training to law (a) may include— and for appropriate assistance from enforcement agencies, State and local gov- (1) the development and implementation of Congress continue to grow. Last Con- ernments, elements of the criminal justice education and training programs, and associ- system, nonprofit organizations, and individ- gress, three Members of Congress, ated materials, relating to Silver Alert uals in the prevention, investigation, pros- LLOYD DOGGETT of Texas, SUE MYRICK plans; ecution, and treatment of cases involving of North Carolina, and GUS BILIRAKIS (2) the development and implementation of missing adults; of Florida, individually introduced leg- law enforcement programs, and associated (E) provide assistance to families in locat- equipment, relating to Silver Alert plans; islation to address this serious problem ing and recovering missing adults; and (3) the development and implementation of in separate bills. H.R. 632 combines (F) assist in public notification and victim new technologies to improve Silver Alert these three bills into one. advocacy related to missing adults. communications; and Title I, the National Silver Alert Act (2) APPLICATIONS.—The Attorney General (4) such other activities as the Attorney shall periodically solicit applications for of 2009, establishes a national program General considers appropriate for supporting grants under this section by publishing a re- patterned after the successful Amber the Silver Alert communications network. quest for applications in the Federal Reg- Alert program for children. It creates a (c) FEDERAL SHARE.—The Federal share of the cost of any activities funded by a grant ister and by posting such a request on the national Silver Alert coordinator re- under the program under subsection (a) may website of the Department of Justice. sponsible for developing voluntary not exceed 50 percent. (b) OTHER DUTIES.—The Attorney General guidelines, standards, and protocols for (d) DISTRIBUTION OF GRANTS ON GEOGRAPHIC shall— States to consider in the creation of BASIS.—The Attorney General shall, to the (1) coordinate programs relating to missing their own local Silver Alert plans. It maximum extent practicable, ensure the dis- adults that are funded by the Federal Gov- ernment; and establishes a Department of Justice tribution of grants under the program under grant program to help States develop subsection (a) on an equitable basis through- (2) encourage coordination between State out the various regions of the United States. and local law enforcement and public agen- and implement local Silver Alert pro- (e) ADMINISTRATION.—The Attorney Gen- cies and nonprofit private organizations re- grams. And, finally, the program re- eral shall prescribe requirements, including ceiving a grant pursuant to subsection (a). quires the coordinator to submit an- application requirements, for grants under SEC. 204. AUTHORIZATION OF APPROPRIATIONS. nual reports on the status and activi- the program under subsection (a). There are authorized to be appropriated to ties of the State Silver Alert plans. (f) AUTHORIZATION OF APPROPRIATIONS.— carry out this title $4,000,000 for each of fis- Title II reauthorizes Kristen’s Act, (1) There is authorized to be appropriated cal years 2010 through 2020. which expired in 2005. Kristen’s Act to the Department of Justice $5,000,000 for The SPEAKER pro tempore. Pursu- each of the fiscal years 2009 through 2013 to provides for competitive grants to both carry out this section and, in addition, ant to the rule, the gentleman from public agencies and nonprofit private $5,000,000 for each of the fiscal years 2009 Georgia (Mr. JOHNSON) and the gen- organizations for a national resource through 2013 to carry out subsection (b)(3). tleman from Texas (Mr. POE) each will center, information clearinghouse, and (2) Amounts appropriated pursuant to the control 20 minutes. database for tracking missing adults, authorization of appropriations in paragraph The Chair recognizes the gentleman training, and other related activities. I (1) shall remain available until expended. from Georgia. commend Congressman DOGGETT, Con- TITLE II—KRISTEN’S ACT GENERAL LEAVE gresswoman MYRICK, and Congressman REAUTHORIZATION Mr. JOHNSON of Georgia. Mr. Speak- BILIRAKIS for their hard work and bi- SEC. 201. SHORT TITLE. er, I ask unanimous consent that all partisan efforts to address the critical This title may be cited as ‘‘Kristen’s Act Reauthorization of 2009’’. Members have 5 legislative days to re- problem of missing elders. I urge my SEC. 202. FINDINGS. vise and extend their remarks and in- colleagues to support this important Congress finds the following: clude extraneous material on the bill legislation. (1) Every year thousands of adults become under consideration. I reserve the balance of my time. missing due to advanced age, diminished The SPEAKER pro tempore. Is there Mr. POE of Texas. I yield myself such mental capacity, or foul play. Often there is objection to the request of the gen- time as I may consume. no information regarding the whereabouts of tleman from Georgia? Mr. Speaker, I am pleased to support these adults and many of them are never re- There was no objection. H.R. 632, the National Silver Alert Act united with their families. Mr. JOHNSON of Georgia. I yield my- of 2009, to help protect the elderly, par- (2) Missing adults are at great risk of both self such time as I may consume. ticularly those suffering from Alz- physical harm and sexual exploitation. (3) In most cases, families and local law en- Mr. Speaker, this is the third elder heimer’s or other forms of dementia. forcement officials have neither the re- justice bill that we present to date. This legislation is the work of three sources nor the expertise to undertake ap- Like the previous two elder justice bills sponsored by the gentleman from propriate search efforts for a missing adult. bills, this bill also passed the House Texas (Mr. DOGGETT), the gentleman

VerDate Nov 24 2008 02:10 Feb 11, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A10FE7.031 H10FEPT1 wwoods2 on PRODPC68 with HOUSE H1126 CONGRESSIONAL RECORD — HOUSE February 10, 2009 from Florida (Mr. BILIRAKIS), and the justice legislation. These bills, of have done, what the Amber Alert suc- gentlelady from North Carolina (Mrs. which I am a sponsor of both of the cess has been to link everyone up. MYRICK). Last year, the House passed earlier bills by Ms. WATERS and Mr. There are many organizations, as I similar legislation with overwhelming SESTAK, are complementary. There is mentioned, that have joined in sup- bipartisan support. really no silver bullet when it comes to porting this effort; but it came to my By creating a structure similar to trying to help our elderly citizens, but attention as a Texas idea because of a the Amber Alert system used to locate we think that Silver Alert is one com- constituent, Bill Cummings, who is missing children, H.R. 632, the National ponent. And, as my colleague from really a model citizen in his involve- Silver Alert Act, will help assist States Texas pointed out, Amber Alert be- ment and concern for the community. in their efforts to protect our elderly. came a national program because of Bill and Carlos Higgins, who is also a The Amber Alert system was created something that happened in Texas. I devoted member of the Texas Silver- by the Dallas Police in 1996, after the am pleased that Texas also has taken a Haired Legislature, brought this to the kidnapping and murder of a 9-year-old leadership with Silver Alert. attention of the Silver-Haired Con- girl from Arlington, Texas. Just a couple of examples of what has gress, as seniors from all over the In 2003, Congress created the national happened with our State Silver Alert country came together here in Wash- Amber Alert program. As co-chair of program. I had a constituent who ington, came over to the office, told me the Victims Rights Caucus, I have seen began driving south of Austin about 80 of the success of the program, and firsthand the huge success of the miles to San Antonio, then drove an- asked that we take this initiative. We Amber Alert program in locating miss- other couple hundred miles up to Dal- have now been joined by the American ing children. Just as the Amber Alert las going back through Austin, and was Health Care Association, the Assisted program, which is currently now used finally found there. If he had been here Living Federation of America, the Na- in all 50 States, was designed to notify in the North, he would have gone tional Citizens Coalition for Nursing the public when a child was missing, through about seven States. And he Home Reform, the Child Alert Founda- the Silver Alert will also notify the was clearly lost. They found him in a tion, the Alzheimer’s Association, and public when an elderly adult is miss- shopping center parking lot as a result the Alzheimer’s Foundation of Amer- ing. of Silver Alert, and the Austin Police ica, all offering their support for this Mr. Speaker, we have all seen the big Department was notified. legislation. freeway signs that have Amber Alert, More recently, we had an example Finally, as both of you have noted, give the name of the child and the li- from the Texas hill country in this has been a bipartisan effort. I sa- cense number of the car that the child Kerrville, where a fellow ended up driv- lute Mr. BILIRAKIS and Mrs. MYRICK, was taken in, and now we will see that ing to San Marcos. Our San Marcos Po- who I believe is not able to join us on also occur with the elderly in our com- lice Department dispatchers were help- the floor tonight. Hers is not a Silver munity. Citizens can now offer any in- ful because of the Silver Alert pro- Alert bill, but it is again a companion formation they have on the missing gram, described just as my colleague measure that we have incorporated person which will aid law enforcement from Texas mentioned, using the exist- into this. officials in their search. Currently, the ing billboards and existing resources, b 1900 Silver Alert is used in 13 of our States. was really valuable in finding it. These States have reported nominal As Mr. JOHNSON pointed out, since Mr. BILIRAKIS had a very similar idea costs associated with operating the this bill was passed here last fall, two based on an unfortunate experience in system, since they are able to utilize more States have joined the effort; I his district. Working together, tonight existing Amber Alert infrastructure to believe there are about another 10 that we can take a positive step forward to issue Silver Alerts. have it under consideration. All we are keep our seniors safe. H.R. 632 establishes a nationwide trying to do through the Silver Alert Mr. POE of Texas. Mr. Speaker, I communication structure to coordinate initiative here at the national level is yield 5 minutes to the cosponsor of this State and local search efforts, and ex- to provide them a clearinghouse of best bill, Mr. BILIRAKIS from Florida. pand the system to those States not practices, just as we did with Amber Mr. BILIRAKIS. Mr. Speaker, I rise participating and authorizes a grant to Alert earlier, where we will coordinate today in strong support of H.R. 632, the support State Silver Alert systems and federal resources from several agencies National Silver Alert Act, sponsored by communication networks. The bill di- that have responsibilities, and also re- my colleague from Texas, Congressman rects the Attorney General to assign ward best practices of the States, try LLOYD DOGGETT. an officer of the Department of Justice to see that these are replicated so that I first became involved in this issue to act as the national director of the we can find these people. of finding missing seniors last year Silver Alert program. The director will This legislation is also related to the when one of my constituents, Mary develop voluntary guidelines that legislation we were just considering. As Lallucci, lost her mother, who had left States can use in implementing the the Elder Justice Coalition pointed out her care-giving facility and could not alert system and provide training and in a statement that they had today en- be located. She had driven her car into other resources to State law enforce- dorsing the Silver Alert bill, they say, the Gulf of Mexico and drowned. This ment agencies. ‘‘A missing elder person can be the tragedy, unfortunately, highlighted the The Amber Alert system has proven next victim of elder abuse. It is critical very real problem of older individuals successful in locating missing children that all appropriate resources are uti- who suffer from diseases which leave throughout the country; so too has the lized at the local level to assist in the them easily confused and disoriented, Silver Alert system in States currently safe locating of missing older persons.’’ wandering away from their homes or using it. By establishing the Silver This legislation has been endorsed by care-giving facilities and meeting harm Alert system nationwide, H.R. 632 will a large number of organizations. There because family, friends and authorities help coordinate State efforts in pro- is a recognition, we have talked a lot could not find them in time. The in- tecting older Americans the same way about Alzheimer’s tonight and other ability to find missing elderly is a the Amber Alert system has for miss- forms of dementia, that about 60 per- problem State and Federal policy- ing children. I urge my colleagues to cent of the people who are afflicted makers should address before some- support this bill. with Alzheimer’s at sometime during thing like this happens again. That is I reserve the balance of my time. their disease will wander off from their why I support this bill before us today, Mr. JOHNSON of Georgia. Mr. Speak- caregiver. If they are not found within which includes provisions from silver er, I yield to my good friend from 24 hours, up to half will suffer serious alert legislation that I introduced last Texas, Congressman LLOYD DOGGETT, injury or death. Only 4 percent of those year. such time as he may consume. who leave home alone are able to find The National Silver Alert Act is a bi- Mr. DOGGETT. I thank the gen- their way back. And so there is a big partisan bill developed by Congressman tleman, and I thank my colleague from gap here, a serious problem, if they DOGGETT, myself and Congresswoman Texas. It is great that the House is to- leave home in not being able to get SUE MYRICK. It combines portions of night considering a package of elder back. We hope to use what the States missing persons bills that each of us

VerDate Nov 24 2008 02:46 Feb 11, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K10FE7.091 H10FEPT1 wwoods2 on PRODPC68 with HOUSE February 10, 2009 CONGRESSIONAL RECORD — HOUSE H1127 previously introduced. The National they go missing. It also will provide afternoon, and has not been seen since. Silver Alert Act includes language critical resources, guidance and coordi- When her panicked parents called the from legislation I introduced last Con- nation, which is very important for National Center for Missing and Ex- gress to create a grant program to help States like mine, that already have ploited Children, they heard these un- States establish and operate silver such systems. We have many people to believable words, ‘‘I’m sorry, we can’t alert notification systems to help find thank for that, including Mary help.’’ They were shocked to discover missing individuals who suffer from Lallucci, one of my constituents whose that because Kristen was 18, the center Alzheimer’s disease and other demen- determined advocacy for the silver could not place her picture or story tia-related illnesses. The measure we alert has inspired me and serves as a into its national database or offer any are considering today also establishes a loving tribute to her mother’s memory. assistance whatsoever. In fact, there is national silver alert communications The SPEAKER pro tempore. The no national agency to help locate miss- network to assist regional and local time of the gentleman has expired. ing adults. missing persons search efforts and re- Mr. POE of Texas. I yield the gen- Unfortunately, the Modaferris are quires an annual report to determine tleman 1 additional minute. not alone. The families of thousands of the effectiveness of State silver alert Mr. BILIRAKIS. Mr. Speaker, Mrs. missing adults, almost 51,000 as of last plans to help guide their establishment Lallucci was asked whether she year, have found that law enforcement in other States. thought a silver alert system in Flor- and other agencies respond very dif- I was honored to work with these two ida could have saved her mother. ‘‘Who ferently when the person who has dis- fine Members last year and am pleased knows?’’ She said. ‘‘Unfortunately, I appeared is not a child. It’s a very that we were able to combine these will never know.’’ traumatic experience which I know complementary bills. I want to thank I urge my colleagues to support the personally in dealing with the them for their work as well as the will- National Silver Alert Act to prevent Modaferris. But having to do a search ingness of the majority and minority another family from being forced to on your own without any skills or re- on the Judiciary Committee to allow struggle with the same uncertainty. sources is very unjust. Kristen’s Act this to come to the floor on suspension ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE sends a message to these families. They so early in this session. The House The SPEAKER pro tempore. The deserve help in locating endangered passed this bill, as you know, unani- Chair reminds Members to not traffic and involuntarily missing loved ones. mously last September. But the Senate the well while another Member is Endangered adults, no matter what was unable to act on it before Congress speaking. their age, should receive not only the adjourned. I hope that our timely ac- Mr. JOHNSON of Georgia. I will re- benefit of a search effort by local law tion here today will help facilitate its serve the balance of my time, Mr. enforcement, but also an experienced passage through the Senate and enact- Speaker. national organization. With this bill, ment into law. Mr. POE of Texas. I yield 3 minutes families will never again have to hear I believe that all States should estab- to the cosponsor of this bill, the gentle- they cannot be assisted because a loved lish systems similar to the highly suc- lady from North Carolina (Mrs. one is too old. cessful Amber Alert program to help MYRICK). I urge my colleagues to support the find those suffering from dementia-re- Mrs. MYRICK. I thank the gentleman act. lated illnesses and prevent tragedies for yielding. Mr. YOUNG of Florida. Mr. Speaker, I rise like the one that occurred in my com- Today is an important day for any- in strong support of H.R. 632, the National Sil- munity. An Amber Alert system has a one who has ever lived through the ver Alert Act, which I cosponsored in the remarkable track record of success be- nightmare of an adult loved one who 110th Congress. cause necessary information is filtered has gone missing. The National Silver At the outset, let me congratulate my neigh- so that the relevant details are trans- Alert Act will reauthorize Kristen’s boring colleague from Florida GUS BILIRAKIS mitted to appropriate authorities as Act as part of that and give these peo- for his leadership on this legislation to create quickly as possible. The experiences of ple hope. Kristen Modafferi disappeared a nationwide communications network to help States that already have developed shortly after her 18th birthday. And locate missing senior citizens. GUS was the such silver alert systems suggest that after visiting her family and hearing original author of this legislation last year in these programs save lives. States have the detailed account of their night- response to the tragic death of 86-year-old found that timely notification and dis- mare, I introduced Kristen’s Act in Mary Zelter, who drove away from her as- semination of appropriate information 1999, and it was successfully signed into sisted living facility in Pinellas County, Florida, about missing seniors greatly improves law in 2000. It reauthorizes funding to which GUS and I both represent, and drowned the chances that they will be found be- maintain a national clearinghouse for when her car crashed into a local waterway. fore they harm themselves. I believe missing adults whose disappearance is With GUS leading the way, our community that the Federal Government can and determined by law enforcement to be responded by calling attention to the lack of should help States develop notification foul play. It expired in 2005 and then an alert system for missing senior citizens. systems to prevent these all-too-fre- was reintroduced in the 110th and the Mary Zelter’s daughter Mary Lallucci become quent tragedies. 109th Congress. But the efforts weren’t a vocal advocate for the need for such a sys- This is especially important in Flor- successful. Today with the help of my tem and Largo Police Chief Lester Aradi per- ida, which has more residents aged 65 friends on both sides of the aisle, we sonally undertook a system to establish a local and older than any other State in the honor the efforts of so many and pay Silver Alert system for our area. GUS and I at- Nation. My State implemented silver tribute to mournful families by ratify- tended the kick-off for this network when Chief alert last year with spectacular re- ing this bill. Aradi activated our county-wide system Sep- sults. Florida’s statewide silver alert Kristen Modafferi disappeared in 1997. tember 30th. He was also the chairman of the system has led to the successful loca- She was a bright, hardworking young committee that coordinated the establishment tion of all 37 people, I repeat, all 37 peo- college student, and she attended of a Florida-wide Silver Alert system, which ple for whom the State has issued bul- North Carolina State. She had just fin- was activated by Governor Charlie Crist and letins. More than 4.3 million Floridians ished her freshman year. And like so the Florida Department of Law Enforcement are aged 60 and older, and there are many young people, she decided she last October. about 501,000 probable Alzheimer’s wanted to go to another city to spend The local model we developed under the cases in the State. the summer, work and have a new ex- leadership of GUS BILIRAKIS, Chief Aradi, State The silver alert program in my State perience. So she moved to San Fran- Representative Tom Anderson, Mary Lallucci, will help prevent tragedy among one of cisco and had just enrolled in classes at Gloria Smith, the president our local chapter of Florida’s largest potentially vulnerable Berkeley and got a job at a local coffee the Alzheimer’s Association, and Sallie Parks, groups. Passage of this bill today will shop. She began settling in and making the past president and board member of our help bring other States without these friends. On Monday, June 23, when she local Area Agency on Aging, can be taken na- lifesaving systems one step closer to was just a mere 3 weeks short of her tionwide to save the lives of senior citizens improving their ability to find missing 18th birthday, she left her job at the who wander off in their vehicles. As with the seniors and the crucial few hours after coffee shop, headed to the beach for the Amber Alert system for children and youth, it

VerDate Nov 24 2008 02:46 Feb 11, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 9920 E:\CR\FM\K10FE7.093 H10FEPT1 wwoods2 on PRODPC68 with HOUSE H1128 CONGRESSIONAL RECORD — HOUSE February 10, 2009 makes those critical first minutes and hours RAISING A QUESTION OF THE was instrumental in preserving a lucrative when someone is found to be missing count PRIVILEGES OF THE HOUSE tax loophole that benefited [Nabors Indus- tries] an oil drilling company last year, and increases the chances of a happy ending. Mr. CARTER. Mr. Speaker, I rise to a In the four months since the enactment of our while at the same time its chief executive question of the privileges of the House was pledging $1 million to the Charles B. state-wide program, there have been 41 Flor- and offer the resolution as noticed. Rangel School of Public Service at ida Silver Alerts including nine last month. The SPEAKER pro tempore. The C.C.N.Y.’’; and, The legislation we consider today will take Clerk will report the resolution. Whereas, the House Committee on Stand- the Florida model nationwide so that all States The Clerk read as follows: ards of Official Conduct announced on De- can have the benefit of a Silver Alert system cember 9, 2008 that it had expanded the juris- H. RES. 143 and so that we can track missing senior citi- diction of the aforementioned investigative zens who drive off in their cars should they Whereas, the gentleman from New York, subcommittee to examine the allegations re- Charles B. Rangel, the fourth most senior lated to Representative Rangel’s involve- cross state boundaries. It will establish a na- Member of the House of Representatives, tional coordinator to bring together State ef- ment with Nabors Industries; and, serves as chairman of the House Ways and Whereas, Roll Call newspaper reported on forts and authorize the appropriation of $10 Means Committee, a position of considerable September 15, 2008 that, ‘‘The inconsistent million a year for State activities in support of power and influence within the House of Rep- reports are among myriad errors, discrep- the Silver Alert program. Finally, it will provide resentatives; and, ancies and unexplained entries on Rangel’s an annual report to Congress and the States Whereas, clause one of rule 23 of the Rules personal disclosure forms over the past eight on the program so that we can share lessons of the House of Representatives provides, ‘‘A years that make it almost impossible to get learned to improve the effectiveness of state- Member, Delegate, Resident Commission, of- a clear picture of the Ways and Means chair- ficer, or employee of the House shall conduct wide and nationwide Silver Alert networks. man’s financial dealings,’’; and, himself at all times in a manner that shall Whereas, Roll Call newspaper reported on Mr. Speaker, this is good legislation and I reflect creditably on the House;’’ again want to commend my colleague from September 16, 2008 that, ‘‘Rangel said he Whereas, The New York Times reported on would hire a ‘forensic accountant’ to review Florida GUS BILIRAKIS for his tireless work to September 5, 2008, that, ‘‘Representative all of his disclosure forms going back 20 keep the issue alive. Senior citizens and their Charles B. Rangel has earned more than years, and to provide a report to the House families all across our nation will directly ben- $75,000 in rental income from a villa he has Committee on Standards of Official Conduct, efit from that action we take today. owned in the Dominican Republic since 1988, which Rangel said will then make public.’’; Mr. LARSON of Connecticut. Mr. Speaker, I but never reported it on his federal or state and, rise today in support of H.R. 632, the National tax returns, according to a lawyer for the Whereas, nearly five months after Rep- congressman and documents from the re- Silver Alert Act of 2009. I thank Mr. DOGGETT resentative Rangel pledged to provide a pub- sort’’; and, lic forensic accounting of his tax and federal for his leadership on this issue. This bill allows Whereas, in an article in the September 5, for the creation and enhancement of alert financial disclosure records, he has failed to 2008 edition of The New York Times, his at- do so; and, plans for missing adults across the nation and torney confirmed that Representative Ran- Whereas, an editorial in The New York is an important step toward ensuring the safe gel’s annual congressional Financial Disclo- Times on September 15, 2008 stated, ‘‘Mount- return of missing adults nationwide. sure statements failed to disclose the rental ing embarrassment for taxpayers and Con- According to the Connecticut Chapter of the income from his resort villa; and, gress makes it imperative that Representa- Alzheimer’s Association, nearly 70,000 Con- Whereas, The New York Times reported on tive Charles Rangel step aside as chairman necticut residents have Alzheimer’s disease or September 6, 2008 that, ‘‘Representative of the Ways and Means Committee while his a related dementia. Six out of every ten peo- Charles B. Rangel paid no interest for more ethical problems are investigated,’’; and, than a decade on a mortgage extended to Whereas, on May 24, 2006, then Minority ple diagnosed with Alzheimer’s will wander him to buy a villa at a beachfront resort in from their homes or care giving facilities at Leader Nancy Pelosi cited ‘‘high ethical the Dominican Republic, according to Mr. standards’’ in a letter to Representative Wil- some stage of their disease. Of those who Rangel’s lawyer and records from the resort. liam Jefferson asking that he resign his seat wander, 50 percent risk serious injury or death The loan, which was extended to Mr. Rangel on the Committee on Ways and Means in if not found within the first 24 hours. For this in 1988, was originally to be paid back over light of ongoing investigations into alleged reason, it is necessary that systems for timely, seven years at a rate of 10.5 percent. But financial impropriety by Representative Jef- local search responses are put into place. within two years, interest on the loan was ferson, The National Silver Alert Act of 2009 pro- waived for Mr. Rangel,’’; and, Whereas, by the conduct giving rise to this vides for the coordination of resources needed Whereas, clause 5(a)(2)(A) of House Rule 25 resolution, Representative Charles B. Rangel defines a gift as, ‘‘. . . a gratuity, favor, dis- by families and law enforcement officials to has dishonored himself and brought discredit count entertainment, hospitality, loan, for- to the House; and, undertake appropriate search efforts for a bearance, or other item having monetary Therefore, be it Resolved, Upon adoption of missing adult. The bill acknowledges the need value’’ and prohibits the acceptance of such this resolution and pending completion of to protect the privacy, dignity, independence gifts except in limited circumstances; and, the investigation into his affairs by the Com- and autonomy of any missing adult who may Whereas, Representative Rangel’s accept- mittee on Standards of Official Conduct, be the subject of a Silver Alert, making this bill ance of thousands of dollars in interest for- Representative Rangel is hereby removed as a truly comprehensive approach. giveness is a violation of the House gift ban; chairman of the Committee on Ways and I urge my colleagues to join me in support and, Means. Whereas, Representative Rangel’s failure of the National Silver Alert Act of 2009 and to to disclose the aforementioned gifts and in- b 1915 continue to push for legislation that seeks to come on his Personal Financial Disclosure The SPEAKER pro tempore. The res- protect missing adults. Statements violates House rules and federal olution qualifies. Mr. JOHNSON of Georgia. Mr. Speak- law; and, er, if the other side decides to relin- Whereas, Representative Rangel’s failure MOTION TO TABLE quish its remaining time, I will do the to report the aforementioned gifts and in- Mr. CROWLEY. Mr. Speaker, I move same. We have no other speakers. come on federal, state and local tax returns to lay the resolution on the table. Mr. POE of Texas. Mr. Speaker, I is a violation of the tax laws of those juris- The SPEAKER pro tempore. The yield back the balance of my time. I dictions; and, question is on the motion to lay on the Whereas, the Committee on Ways and table. urge adoption of this resolution. Means, which Representative Rangel chairs, Mr. JOHNSON of Georgia. I will yield The question was taken; and the has jurisdiction over the United States Tax Speaker pro tempore announced that back the balance of my time, Mr. Code; and, Speaker. Whereas, the House Committee on Stand- the ayes appeared to have it. The SPEAKER pro tempore. The ards of Official Conduct first announced on Mr. CARTER. Mr. Speaker, on that I question is on the motion offered by July 31, 2008 that it was reviewing allega- demand the yeas and nays. the gentleman from Georgia (Mr. JOHN- tions of misconduct by Representative Ran- The yeas and nays were ordered. SON) that the House suspend the rules gel; and, The SPEAKER pro tempore. Pursu- and pass the bill, H.R. 632. Whereas, The House Committee on Stand- ant to clause 8 of rule XX, this 15- The question was taken; and (two- ards of Official Conduct announced on Sep- minute vote on the motion to lay on tember 24, 2008 that it had established an in- the table will be followed by 5-minute thirds being in the affirmative) the vestigative subcommittee in the matter of rules were suspended and the bill was Representative Rangel; and, votes on motions to suspend the rules passed. Whereas, The New York Times reported on with regard to House Resolution 128, by A motion to reconsider was laid on November 24, 2008 that, ‘‘Congressional the yeas and nays, and House Resolu- the table. records and interviews show that Mr. Rangel tion 134, by the yeas and nays.

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