[Senate Hearing 107-941] [From the U.S. Government Publishing Office] S. Hrg. 107-941 AN AMBER ALERT NATIONAL SYSTEM ======================================================================= HEARING before the SUBCOMMITTEE ON TECHNOLOGY, TERRORISM, AND GOVERNMENT INFORMATION of the COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED SEVENTH CONGRESS SECOND SESSION __________ SEPTEMBER 4, 2002 __________ Serial No. J-107-101 __________ Printed for the use of the Committee on the Judiciary 87-718 U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 2003 ____________________________________________________________________________ For Sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpr.gov Phone: toll free (866) 512-1800; (202) 512�091800 Fax: (202) 512�092250 Mail: Stop SSOP, Washington, DC 20402�090001 COMMITTEE ON THE JUDICIARY PATRICK J. LEAHY, Vermont, Chairman EDWARD M. KENNEDY, Massachusetts ORRIN G. HATCH, Utah JOSEPH R. BIDEN, Jr., Delaware STROM THURMOND, South Carolina HERBERT KOHL, Wisconsin CHARLES E. GRASSLEY, Iowa DIANNE FEINSTEIN, California ARLEN SPECTER, Pennsylvania RUSSELL D. FEINGOLD, Wisconsin JON KYL, Arizona CHARLES E. SCHUMER, New York MIKE DeWINE, Ohio RICHARD J. DURBIN, Illinois JEFF SESSIONS, Alabama MARIA CANTWELL, Washington SAM BROWNBACK, Kansas JOHN EDWARDS, North Carolina MITCH McCONNELL, Kentucky Bruce A. Cohen, Majority Chief Counsel and Staff Director Sharon Prost, Minority Chief Counsel Makan Delrahim, Minority Staff Director ------ Subcommittee on Technology, Terrorism, and Government Information DIANNE FEINSTEIN, California, Chairwoman JOSEPH R. BIDEN, Jr., Delaware JON KYL, Arizona HERBERT KOHL, Wisconsin MIKE DeWINE, Ohio MARIA CANTWELL, Washington JEFF SESSIONS, Alabama JOHN EDWARDS, North Carolina MITCH McCONNELL, Kentucky David Hantman, Majority Chief Counsel Stephen Higgins, Minority Chief Counsel C O N T E N T S ---------- STATEMENTS OF COMMITTEE MEMBERS Page Feinstein, Hon. Dianne, a U.S. Senator from the State of California..................................................... 1 Hutchison, Hon. Kay Bailey, a U.S. Senator from the State of Texas (ex officio)............................................. 2 Hatch, Orrin G., a U.S. Senator from the State of Utah........... 4 prepared statement........................................... 37 Kyl, Hon. Jon, a U.S. Senator from the State of Arizona.......... 5 Leahy, Hon. Patrick J. Leahy, a U.S. Senator from the State of Vermont, prepared statement.................................... 46 WITNESSES Callaway, Robbie, Chairman, Board of Directors, National Center for Missing and Exploited Children, Alexandria, Virginia....... 6 Farrow, Joseph, Deputy Commissioner, California Highway Patrol, Sacramento, California......................................... 13 Fritts, Edward O., President and Chief Executive Officer, National Association of Broadcasters, Washington, D.C.......... 11 Klaas, Marc, Sausalito, California............................... 16 Timmons, Sharon, Riverside, California........................... 8 SUBMISSIONS FOR THE RECORD Callaway, Robbie, Chairman, Board of Directors, National center for Missing and Exploited Children, Alexandria, Virginia, prepared statement............................................. 24 Farrow, Joseph Deputy Commissioner, California Highway Patrol, Sacramento, California, prepared statement..................... 31 Fritts, Edward O., President and Chief Executive Officer, National Association of Broadcasters, Washington, D.C., prepared statement............................................. 35 Klaas, Marc, Sausalito, California, prepared statement........... 39 Timmons, Sharon, Riverside, California, prepared statement....... 48 AN AMBER ALERT NATIONAL SYSTEM ---------- WEDNESDAY, SEPTEMBER 4, 2002 U.S. Senate, Subcommittee on Technology, Terrorism, and Government Information, Committee on the Judiciary, Washington, D.C. The Subcommittee met, pursuant to notice, at 10:10 a.m., in room SD-226, Dirksen Senate Office Building, Hon. Dianne Feinstein, Chairman of the Subcommittee, presiding. Present: Senators Feinstein, Hatch, Kyl, and Hutchison [ex officio.] OPENING STATEMENT OF HON. DIANNE FEINSTEIN, A U.S. SENATOR FROM THE STATE OF CALIFORNIA Chairperson Feinstein. This hearing will come to order. I would like to begin by welcoming everyone and apologizing for the change of time. This hearing was supposed to be this afternoon, but we got word that Secretary Rumsfeld was going to have a Members-only briefing and so we changed the hearing to this morning. That meant a lot of discomfort for our witnesses, who made a really heroic effort to be here. I want to particularly thank Nichole and Sharon Timmons, who took the red-eye all the way across the country last night to be with us, and Marc Klaas, who took a train early this morning to get to Washington from New York. We are very delighted to have you here. I have asked Senator Hutchison, who is the main sponsor--I am the cosponsor and she is the main sponsor of this legislation--to join us on the dais. Senator Kyl, who is the ranking member of this Subcommittee, is on his way. We are delighted also to have the Ranking Member of the overall Committee present with us today, and that is Senator Orrin Hatch, who has a great interest in this subject and was present yesterday at our press conference. I have joined in supporting this legislation because I truly believe it is going to save the lives of a number of children who are kidnapped by predators. What are AMBER Alerts? AMBER Alerts are official bulletins broadcast over the airwaves to enlist the public's help in tracking down abducted children who are facing imminent danger from their kidnappers. AMBER Alerts have really worked. I can give you many examples, but I am not going to do that because we have got living examples right in front of us. Each year, more than 58,000 children in the United States are abducted by non-family members, often in connection with another crime. The most dangerous type of child abduction, the abduction by a stranger--in that instance, fully 40 percent of children are murdered. Speed is crucial to any effective law enforcement response to these most deadly cases. According to a study by the United States Department of Justice, 74 percent of children who were abducted and later found murdered were murdered in the first hours after being taken. So AMBER Alerts have become a proven weapon in the fight against stranger abductions, especially in those cases where an abducted child is facing an imminent threat of harm. The program was named after 9-nine-year-old Amber Hagerman, who was kidnapped and murdered in Arlington, Texas, Senator Hutchison's State, in 1996. Nationally, since 1996, AMBER Alert has been credited with the return of 29 children to their families, including one case in which an abductor reportedly released the child after hearing the alert himself. In other words, he was on the highway with the child and he saw the signs and he stopped and let the child out of the car. That is rather dramatic testimony of how this can also be a deterrent to the crime. I am delighted that we have representation here from the California Highway Patrol because since the State of California first adopted AMBER Alerts just a month ago, the State has issued 13 AMBER Alerts. Now, of those 13, 8 involved abductions by strangers, 4 involved abductions by family members, and one was a misstep. Twelve of the 13 children were returned. Now, that is unbelievable statistical testimony. Although obviously the numbers are small, the fact that 12 were returned is really extraordinary. So, today, we are here to discuss a bill. It has three specific points, and I am going to let either Senator Hatch, the Ranking Member, or Senator Hutchison--I want to leave some material for them, so the way we are going to proceed is I am going to ask Senator Hatch if he would like to make a statement, and then Senator Hutchison, and then we will proceed to introduce the panel and hear from those of you who have come so far to be here. So, Senator Hatch, welcome to our Subcommittee. We are delighted to have you and thank you for your interest in this. Senator Hatch. Thank you, Madam Chairwoman. Why don't I wait for my statement and let you two major sponsors go first? Chairperson Feinstein. Well, that is very generous of you. Senator Hutchison, welcome to the Subcommittee. We are delighted to have you, and thank you so much for your leadership on this issue. STATEMENT OF HON. KAY BAILEY HUTCHISON, A U.S. SENATOR FROM THE STATE OF TEXAS Senator Hutchison. Well, thank you, Senator Feinstein. I was so heartened when I heard that you were setting a hearing this week. I appreciate very much Chairman Leahy and Senator Hatch, the Ranking Member, agreeing to that because it does mean that we are on a fast track. It is my fervent wish that we would be able to pass our bill before the end of this session because I would hate to leave in October and have the months that we could be using to organize AMBER Alerts for interstate abductions to pass. So I am very pleased that you are holding this hearing, and I think that with Senator Leahy and Senator Hatch we will be able to make progress. I, too, want to thank all of the witnesses who have come to talk about this issue. Every single one of you has a personal story. You have had a part in the volunteer efforts so far that have been so successful, and now what Senator Feinstein and I want to do is just make it a little easier. This is a simple bill. It is not a massive, new bureaucracy. It is not a big expenditure, but it is just making sure that that harried law enforcement officer that is dealing with this crisis can make one phone call and not have to worry about contiguous States getting immediate notification. That is what we want to do and just connect the systems, and also be a resource for States that don't have systems now. Most States don't have systems. Even my home State of Texas, which started the AMBER Alert on a local level, doesn't have a statewide system. But it really came home to all of us when we saw the statewide system in California be so effective in helping to capture the abductor of the two teenage girls who were probably 5 minutes from being killed, but because of the quick notification and the help of people on the highways, were able to be saved. Let me just first say that without the National Center for Missing and Exploited Children and the National Association of Broadcasters, we would not have the 28 success stories that Senator Feinstein just mentioned. And that was all done with a little bit of Federal funding, but a whole lot of volunteer effort. We appreciate the National Center and the National Association of Broadcasters working with us to make sure that our bill coordinated and moved forward rather than in any way hampering the efforts that are already in place. I am particularly pleased that Nichole Timmons is with us today because she is one of our most recent AMBER Alert success stories--10 years old, from Riverside, California. The alert was delivered in California, but also in neighboring States. Of course, we know that Nichole was found in Nevada, and what a wonderful opportunity for us to be able to have Nichole and her mother here with us today. I think that Nichole's case shows the need for the national AMBER network. What our bill would do is establish an AMBER Alert coordinator within the Department of Justice to assist States with their AMBER Alert plans, all the States that don't have them, and to try also to set minimum voluntary standards that would help the States coordinate. All of us are very cognizant of the fact that we could overdo this and have so many alerts that people stop looking at the signs. We do not want to do that, so the AMBER Alert coordinator would set standards and make the decision based on those standards. Also, our bill, second, does provide for a matching program for setting up AMBER Alert programs or necessary equipment, such as signage that was so effective in California and is now being used in other States at a very minimal cost. The AMBER Alert gives the public a chance to do something positive. We all have this clutch. All of us are parents. We see a missing child story and all of us go, oh, my God. That is the worst thing that could happen to a parent is to find that their child has been abducted. So we wanted to channel this public grief into a positive purpose, and that is what the AMBER Alert has done. Our AMBER Alert bill actually is named for Amber Hagerman, who was murdered in Arlington, Texas, in 1996. But it also stands for what we are trying to do: Americans Missing Broadcast Emergency Response. That is what our AMBER bill stands for. So we are very pleased to have introduced our bill yesterday, our first day back in session. We have 26 cosponsors, equally divided between Republicans and Democrats. And my belief is that as soon as this bill is marked up and comes out of Committee, we will pass it unanimously through to the Senate, go to the House, and I think the President will be able to sign this bill that ties everything together. It is such a minimal effort for such a huge reward. When we can save 1 child or 10 children or 28 children because of a broadcast or a signage, it is so rewarding to be able to say this simple fact and the spirit of the American people wanting to help this family in distress will make a difference. So I thank you, Senator Feinstein, for moving forward, and once again I thank all of you for the support. I thank Senator Hatch and Senator Leahy for helping us expedite this bill and making it a priority for our country. Thank you. Chairperson Feinstein. Thanks very much, Senator. Senator Hatch. STATEMENT OF HON. ORRIN G. HATCH, A U.S. SENATOR FROM THE STATE OF UTAH Senator Hatch. Well, thank you, Madam Chairwoman. I want to thank you and the distinguished Senator from Texas, Senator Hutchison, for your work in this area. It means a lot to me personally and it means a lot to all of my fellow Utahns, and of course I think everybody in this country, to have this very meaningful legislation pass. I think enough has been said about it, but I just want to say that Elaine and I are parents to 6 children and grandparents of 20. I have to tell you I remember when our kids were being raised, when they were growing up, whenever we went anywhere publicly, I just about went crazy trying to keep track of them at all times. I think the problems of today are much more problematic than they were back then. I can just sympathize and empathize with parents who are worried about their children in this modern day and age, with some of the people that are doing some of these things. This bill will go a long way toward helping us to try and at least do what we can initially to try and stop what is going on. So I want to thank both of you for holding this hearing. I will put the rest of my remarks in the record, but I would like to suggest to you, Madam Chairwoman, that you are holding this hearing today. We ought to talk to the Chairman of the Committee and I will talk to our folks on our side. I think we ought to have this on the markup tomorrow. Is that what you are going to do? Chairperson Feinstein. Yes, I had mentioned that to my staff and my hope is that we can arrange that. Senator Leahy has been very cooperative and very helpful. Senator Hatch. I am sure he will be, and I think everybody on the Committee will be. What we should do is mark it up tomorrow, get it immediately reported to the floor, and get it out before this week is over. It will take some time to implement this in the way it should be implemented. That way, we would save every possible minute we can. I want to just thank you for your leadership in this area. You and Senator Hutchison have just been tremendous leaders on this, and we will do everything in our power to help get this done. I want to thank our witnesses and welcome all of you here. I know that it has been a very difficult thing for you to come and fly all night, and for, Mr. Klaas, whom we have respected so much on this Committee, to get here this morning. But each one of you has made a real difference in these types of issues throughout our country. I have respect for all of you on this panel and it is tremendous for all of you to be here to help us to understand this better and, of course, to do the things that we need to do. Thanks, Madam Chairman. [The prepared statement of Senator Hatch appears as a submission for the record.] Chairperson Feinstein. Thank you very much, Senator Hatch. I would now like to acknowledge the presence of the ranking member of this Subcommittee. I came on this Subcommittee when Senator Kyl was the Chair of the Subcommittee, and so we have worked together, I think, for at least 6 years as either Chair or ranking member of the Subcommittee. There has been no one that has been better for me to work with than Senator Kyl, and I know he is very interested in this issue and I am delighted that you are here. I asked Senator Hutchison to join you and your staff said they were certain you wouldn't mind if she sat right here. Senator Kyl. Absolutely. Chairperson Feinstein. If you would like to make some remarks, Senator? STATEMENT OF HON. JON KYL, A U.S. SENATOR FROM THE STATE OF ARIZONA Senator Kyl. Thank you, Madam Chairman. Just to say that one reason we have been able to cooperate so well is because Senator Feinstein always has very good ideas. It has been easy to work with Senator Feinstein because of the innovations that she has come up with, including with Senator Hutchison and others on this important issue. I came to hear the witnesses, not that I don't appreciate my colleagues' comments, but we have talked and I am very supportive and certainly concur with what Senator Hatch was just saying on the speed with which we could try to move this legislation. Therefore, Madam Chairman, instead of commenting further, I will defer my remarks, commend you for holding the hearing, Senator Hutchison for her statement, and look forward to hearing from each of you. Chairperson Feinstein. Well, thank you very much, Senator. Now, we will proceed to the best part, which is hearing from our witnesses. We are going to begin with Robbie Callaway. Robbie Callaway is the Chairman of the National Center for Missing and Exploited Children. That Center has helped to recover more than 48,000 children and has gained wide recognition as a valuable resource for missing and exploited children. In the fall of 2001, the Center launched the AMBER Plan to assist cities and towns across the United States in creating emergency alert towns; in other words, just what we are trying to do here. To date, the AMBER Plan has been credited with recovering 30 children. Robbie is accompanied, I believe, by Joanne Donelan, who is the Center's AMBER program manager. Mr. Callaway, we are delighted to have you. I am going to ask all the witnesses if you could try and limit your remarks to 5 minutes, we will place any written statements in the record, but it will give us a little more time to ask some questions. STATEMENT OF ROBBIE CALLAWAY, CHAIRMAN, BOARD OF DIRECTORS, NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN, ALEXANDRIA, VIRGINIA Mr. Callaway. Thank you very much, Madam Chairwoman and members of the Subcommittee. I can't help but reflect as I sit at this table one of the first times I ever sat at this table I didn't have gray hair and neither did you, Senator Hatch, and it was about 22 years ago when John Walsh lost his son and we came up here to try to get Congress to address the issue. The difference in then and now is amazing. Listening to you speak and listening to what you are talking about, and having felt the agony of John and knowing the agony that Marc Klaas, and sitting here with joy and looking at this young girl, this is not part of the testimony, but the joy here versus the pain that Marc and John have felt--what you are going to do is help make more of this, the joy. So we are very excited to support it from the National Center. The recent recoveries of kidnapped children have shown that the AMBER plan works and that communities need to adopt the program. We support the legislation because we think every community should have the same possibility that they had in California with those two young girls that I don't care what anyone says, had it not been for the AMBER plan, those two girls would never have been found alive. Having been involved in this issue since the original Missing Children's Act, I have seen too much of the other. And to see those two girls survive--you had some commentators criticize the AMBER plan or say should we have done it. Those girls would not have been found alive. You know that. Statistics will show you that of kidnapped kids, 74 percent of those kids that are found murdered would have been murdered within the first 3 hours. In the old days, we used to think it was a big deal at the National Center for Missing and Exploited Children 18 years ago when we got posters in video stores that were there 45 days after a kid was missing. You have the ability to get that out within the first hour and to save kids. This is about saving lives. We endorse the legislation because the Center has a major history here, as you know. We have supported successful programs. The AMBER plan was not created at the Center, but it was supported and endorsed by the Center; it was pushed by the Center. As Senator Hatch knows, this is not my full-time job. I am not paid to say this. This is my volunteer activity. I work for Boys and Girls Clubs of America. I have devoted my life to 3.3 million kids that we are serving. This is my passion, this issue, and I am very excited about it. Joanne Donelan--as we say, we hired her at the National Center 2 years ago to do nothing but the AMBER plan. She is part of the reason that 30 kids have been found, and that we can smile and see Nichole. I think Sharon is going to talk even more about that than I will. The National Center created this AMBER Alert kit. I think copies are going to be made available for everybody on the Committee. This has been put out to law enforcement, to the broadcasters, to others, and if you don't have one, we need to get one to each of you. What does it have in there? Part of what it has in there-- and I happened to listen to one of the news stories last night and they said, well, we can't be putting these alerts all the time. Nobody wants to put these alerts out all the time. We are talking about maybe two a week across the entire United States of America. Do you want two Nicholes or do you want the alternative? In the old days, when a child was found it was the greatest joy we ever had. This helps, you help. What this will do is help law enforcement to confirm that a child has actually been abducted. It is not a runaway, it is not even a parental dispute. The child has been abducted. Law enforcement is fairly certain that there is a chance of serious harm and possibly to the child. Third, there is descriptive information about the vehicle so that they put it out there, that somebody can actually find the car, or the car that the child is in. The child has to have been threatened. We know that. The National Center has worked with the National Association of Attorneys General, the National Sheriffs Association, the International Association of Chiefs of Police and the Fraternal Order of Police in an effort to promote the national implementation of this program. You have already talked about the 30 kids that have been recovered. Today, there are 18 statewide AMBER plans. There are 55 plans, in total; 18 of them are statewide. A lot of that has happened over the last year. Why do we support this legislation? It allows you to go across State lines. California is a big State. As you know, in some cases kids will be going across State lines--Utah. They may be going into another State. Texas--I know that was a big issue for you, Senator Hutchison, Texas, and possibly going into another State. We are encouraged by the AMBER coordinator at the Justice Department. It is a great idea. Honestly, we strongly encourage you before you mark the bill up tomorrow to add one amendment to it and put in there that that AMBER coordinator at the Justice Department work with the National Center for Missing and Exploited Children, possibly even be placed there. The Center has been doing this for 20 years. Joanne has been hired to do this work. The Justice Department likes working with the Center. And, again, we are talking about 3 hours from the time it takes for the person from the Justice Department to make the call over there. That person should be there. They should be right there with all the resources that the National Center has. I see the red light is on and I just want to say thank you. Again, it is such a different experience than it was over 20 years ago when we first started talking about this issue. And just for the two of you, it was a woman Senator at the time, Senator Paula Hawkins, who led the way back then, and Senator Hatch and Senator Thurmond and Senator Leahy and Senator Biden jumped on this issue and they have been with us ever since. Thank you very much. Chairperson Feinstein. Thank you very much, Mr. Callaway, and let just say this. I didn't mention your Boys and Girls Clubs work, but I wish there were more people like you who really are willing to dedicate their lives to young people. We need that very much in this country. So I just want to say thank you very much. Mr. Callaway. Thank you. [The prepared statement of Mr. Callaway appears as a submission for the record.] Chairperson Feinstein. The next witnesses will be Sharon and Nichole Timmons. Sharon Timmons comes from Riverside, California. She is a sales representative for United Road. That is a trucking company that transports automobiles. She is also the mother of 10-year-old Nichole. I would like to make a special note that Sharon and Nichole took a red-eye flight, as I mentioned, to be here. That is really tough duty and so I want to give them double thanks. This summer, both Sharon and Nichole learned firsthand of the importance of statewide coordination of AMBER Alerts. On August 19, an AMBER Alert was sent out to a number of States to help search for Nichole, after she was abducted from her California home by the family's gardener. The suspect was apprehended in Nevada and Nichole was safely returned home. Sharon, let me thank you very much for being here and we would very much like to hear from you, followed by Nichole. STATEMENT OF SHARON TIMMONS, RIVERSIDE, CALIFORNIA Ms. Timmons. Thank you for having me. I was very honored to be invited here. I was very excited because I wanted to share with you that my life wouldn't be the same without AMBER Alert. So I wanted to thank everybody and just do something back for the other children. I was so excited I actually forgot I was afraid of flying. I was like, oh, what am I doing? But we made it, we did good, and I just wanted to let you know that I have been in Riverside for 25 years. I have lived in the same house for 19 years. I have the same neighbors. Up until 5 years ago, I used to be considered the new neighbor. That is how stable and nice our neighborhood is. And you just never think things will happen, and then all of a sudden you walk into the room--while I was opening up the door, even when I was opening the door I was thinking I didn't shut the door last night. And you just open the door and your whole life changes. She has a messy room and the room was a different kind of messy. The stuffed dog wasn't in the right place. It was on her bed. It is never on her bed. And the blankets were all different, just different. And you kind of really get lost in confusion, like ``hey.'' We had a big deal the night before about what Barbie was going to wear to bed, and I was ``I want to go to bed, I want to go to bed now.'' And then you think, OK, what is a couple of minutes? We will fix Barbie up. And then to see Barbie not wearing the dress, flung around the room--everything was different. She is very much--Barbie sleeps here, Scooby Doo sleeps here, and everybody has to be put to bed. And just to walk in and see the bed and nothing is the same, it rocked my world, it did. Honestly, if it wasn't for the AMBER Alert, it would have shattered my world because I would have never gotten her back. Chairperson Feinstein. Tell us a little bit about what happened after that. Ms. Timmons. The police came; the original one came and asked me her description and what she was wearing and what kind of conversations we had, trying to determine was there any arguments or anything, so they had a place to look; where my ex-husband lived, people that I have been talking to lately, people that have been in my house lately, any work done in my house. They were overlapping lots of different situations that could have happened. They were making me think a lot, which really helped, because I could see that they were overlapping all different situations. The second gentleman that came, came to tell me about the bloodhound. They were taping off my house at the time, which is such a strange feeling to see the tape up. Then they told me that Patsy, the bloodhound, would be going into her room. They didn't want to mess up the evidence. So they were trying to make me feel calm about what they were doing. So they dog could be in her bed and get the smell of her. And then a lot of police came on motorcycles. I live on a little hill and they all kind of came up. I know this sounds strange. They didn't look like people; they looked like big army ants or robots or something, the way they pull up on their bikes. They all turn their wheel at the same time. All the lights went off right in a row and they all kind of kicked back on their bikes and got off their bikes all at the same time and walked up. I lost it because it was like ``oh, my gosh, it is so real.'' In your brain, you could push it aside and push it aside. No, no, something is not right here; maybe she is playing with a little boy, or something that you can relate to. But when you see them all walking up your driveway, it is like it is real, it is really real. Anyway, they actually took me across the street and they had lots of detectives asking me questions and they kept me busy. So there is a piece of it that is easier for me than sitting on the sidelines because they had me working, profiling people that I know, or situations, or thinking, thinking, thinking. I could tell that they were really working hard. I had this thing in my head that I could not cry; do not cry. I kept going over and over and over, and mix that up with empty cheetah print sheets and an open back door, and then you go back and forth and back and forth like a bad movie. So they had me across the street where I could be calm, and they would all come and talk to me and they would confer with each other. Then they told me that they were going to do the AMBER Alert, and at this period of time I had no concept of time. Chairperson Feinstein. How long did it take before they went to the AMBER Alert? Ms. Timmons. Well, the problem was her father went to the Philippines. Her father told me he was living Sunday evening. So I called the office right away and the office girl said, oh, no, he left this morning. So we had to get rid of that first because he could have just taken her and then we would know where she was. So we had to eliminate that. And then after that was eliminated, I guess a lady had called in to say that she took them personally to the airport and Nichole was not with them. They can eliminate that. Then it was on. They told me, OK, we are going to put it on, because I wanted to make sure I called my parents. I wouldn't call my parents because that makes it real. So once that happened, it seemed like minutes, but I am sure it wasn't. But it seemed like minutes. Once they told me, it seemed like I had talked to my mother for a while and the next thing I know, the man comes in and he has a big smile on his face and he is saying we have already gotten 200 phone calls. People were calling from all over and I couldn't believe the response. The calls were from people wanting more information of what they were looking for. I guess a gentleman at Sears had worked on the truck and he thought he would help with an additional description. He had a lift gate on the truck. And, of course, I didn't know what they were calling. I just heard there were 200 calls. But there was a point where I remembered there was a lift gate. So oh, my gosh, I know the people would help the people better if they could find that one thing on the truck that is different than everybody. And when I told him, he says, oh, no, we already knew that an hour ago, because somebody had called in. So that gave them an extra jump. Chairperson Feinstein. And then how long was it after the alert went out when you knew Nichole was safe? Ms. Timmons. It had to be less than 3 hours. It was in the 3-hour time--I am not really sure. I tried to ask a couple times what time things were because I really couldn't tell you if it was 5 minutes. Some aspects of your brain are going so fast and then slow motion. It was only hours. And it seemed like really it was only within the first half hour we got the 200 calls because he came in just really positive. Chairperson Feinstein. Do you think Nichole now would be willing to tell us what happened to her? I don't want to push her. If she doesn't want to, that is fine. Ms. Timmons. Will it help if I get her started? Chairperson Feinstein. Don't push her. If she would like to, it would be helpful to us. If not, we understand. Ms. Timmons. She didn't want to talk about it a lot at all and she was pretty adamant about kids asking her questions. I don't know if it is OK if I say this, but 1 day we were driving, just a few days ago, and all of a sudden she blurted out something. She goes, ``Hey, mom, do you know you can cry all the way to your feet?'' And it was like, oh, my gosh, she was telling me how the tears just jump out and land on her feet. And I go, ``What do you mean?'' She goes, ``I was crying and crying and crying.'' Well, that kills me because the whole time she was gone, you don't know what is going on. I don't know how she feels. She hasn't said a lot. Chairperson Feinstein. Would you be prepared to say, without going into the facts of the case, that it had not been for the AMBER Alert that you may have lost her? Ms. Timmons. Oh, I know it, I know it. Based on what she has told me, they weren't coming back. I don't know exactly where they were going, but he is totally capable of living in the woods for a long time because of his background. Chairperson Feinstein. Well, thank you, thank you both very, very much. [The prepared statement of Ms. Timmons appears as a submission for the record.] Chairperson Feinstein. We will move on to Mr. Edward Fritts. Mr. Fritts come to us from the National Association of Broadcasters. He has held the position of President and CEO for the past 20 years. The Broadcasters represent more than 7,500 local radio and television stations all over the country. He is a former owner of a group of small-market radio stations, where he learned the value of localism and community service performed by broadcasters. We know broadcasters play a major role in the AMBER Alert program. So, Mr. Fritts, we would love to hear your experience and any thoughts you may have. STATEMENT OF EDWARD O. FRITTS, PRESIDENT AND CHIEF EXECUTIVE OFFICER, NATIONAL ASSOCIATION OF BROADCASTERS, WASHINGTON, D.C. Mr. Fritts. Thank you, Madam Chair, Senator Hutchison, Senator Hatch, Senator Kyl. I am pleased to be here, and thank you for inviting me to be here and to support this legislation on behalf of the National Association of Broadcasters. As you mentioned, the NAB represents the local broadcast industry, with member stations in virtually every city and community in this country. We are pleased to support this legislation. We think that in recent weeks, all of us have learned that the issue has never been more relevant. Particularly following the poignant testimony that Sharon and Robbie have presented today, I think that all of us are very touched by the living experience that we have witnessed. We are also pleased that our colleagues in Texas originally developed this plan as the result of a tragic abduction and murder in their community. Since then, broadcasters have continued to play a central role in this plan, and we are pleased to continue that role by announcing our support for the National AMBER Alert Network Act of 2002. We believe this legislation can significantly accelerate the adoption of AMBER plans throughout the country. This voluntary AMBER plan harnesses the relationship between local stations and law enforcement to aid in the recovery of abducted children. As has been mentioned today, over 30 children have been recovered as a result of this particular plan, and I think all of us recognize that you can't put a value on a child's life. Every plan, of course, is unique to its own community, but there are three basic criteria that need to be met before an alert is activated. First, law enforcement confirms that a child has been abducted. Second, they affirm that the circumstances surrounding the abduction indicate that the child is in danger of serious bodily harm. Last, there must be enough descriptive information about the child, the abductor, or a suspect's vehicle to make an imminent broadcast alert productive. Broadcasters are uniquely positioned to disseminate this information rapidly to the entire community. No other industry is capable of broadcasters' reach in conveying this type of information. Consider this: while driving their vehicles, as many as 95 percent of adult motorists listen to their local radio stations. This, coupled with television, means that local broadcasters have the ability to get the information to the public with unparalleled immediacy. Our partners at the National Center for Missing and Exploited Children have statistical evidence to back this case up. But as Robbie said, in the case of an abduction time is absolutely critical. As such, it only makes sense that we use our ability as broadcasters to assist law enforcement in the safe recovery of abducted children. Recognizing the value of this plan, NAB partnered with the Center and with the Justice Department to develop this AMBER Alert kit. It has been distributed to all broadcasters and to many law enforcement units around the country. When we began this effort, there were 28 AMBER plans in place last fall. Today, there are 55 community, State or regional plans, and we expect more to be rolled out by year's end. I believe the AMBER plan is especially significant because its growth and success have exemplified the twin traditions that have historically guided our industry, namely localism and commitment to public service. In terms of localism, the system has been effective precisely because it is flexible to the local community. Depending on the information that law enforcement provides, stations can send out alerts in a single community or statewide, or even regionally when interstate travel may be involved. Again, Madam Chair, our industry is proud today to endorse this legislation. However, anyone who has been in Washington for any length of time knows that good bills sometimes can be poorly implemented. So I would like to touch upon three principles that have guided the AMBER plan thus and that this legislation recognizes and we hope will continue. First, broadcasters are central to the plan because of our ability to disseminate this information on a moment's notice. Second, the AMBER plan remains voluntary and flexible, thereby allowing local law enforcement to work closely with local stations in each of our local communities. Third, it is critical that the plan be used only in cases of abduction where there is an imminent threat of harm. Let me reemphasize that we stand ready to work with you as this legislation moves through the Committee and through the Congress. As someone once said, children are the flowers of life. As a father and a grandfather of four myself, I could not agree more. Protecting the most valuable of our society, our children, must be a top priority for all of us. Thanks again for having me and I look forward to answering questions. Chairperson Feinstein. Well, let me just say thank you, and I think I speak for all the members present. The broadcasters are vital to this. I have heard some people sort of nip and tuck around the edges by saying, well, you are going to have an interruption of programs four times a day, five times a day; this thing will never last. But you know what the facts are and it is so important that your participation is as eager and as sensitive as it is. As you have mentioned, in this legislation there is a setting of national standards for what can constitute an AMBER Alert, so I think that problem. So thank you very much for the support. Mr. Fritts. I think it is just a matter of education. The more we get the word out, the more people will be supporting this. Chairperson Feinstein. That is right, so thank you very much. [The prepared statement of Mr. Fritts appears as a submission for the record.] Chairperson Feinstein. Next is Joseph Farrow. Joseph Farrow was recently selected as Deputy Commissioner--that is the No. 2 person--of the California Highway Patrol, which is a huge highway patrol and a very distinguished one. He continues his record with the Highway Patrol. He has been in the department for 22 years. He assists in the commanding of over 10,000 employees and he also oversees California's Child Safety AMBER Alert Network. So I am very hopeful that you will tell us how California does it and any suggestions that you might have would be very welcome. Thank you, Mr. Farrow. STATEMENT OF JOSEPH FARROW, DEPUTY COMMISSIONER, CALIFORNIA HIGHWAY PATROL, SACRAMENTO, CALIFORNIA Mr. Farrow. Good morning, Madam Chairwoman and Committee members. As the Chair said, my name is Joe Farrow. I am the Deputy Commissioner of the California Highway Patrol. It is an honor to appear before you this morning to discuss California's Child AMBER Network which has contributed to the safe recovery of several abducted children in the State of California. Our comprehensive AMBER program is a great source of pride for Governor Gray Davis, the California Highway Patrol, and law enforcement agencies throughout California. As many know, efforts to develop and disseminate tools for States to respond rapidly to stranger abductions have been underway for a few years. The original AMBER Alert program was named after 9-year-old Amber Hagerman, who was abducted and murdered in Arlington, Texas, in 1996. The nucleus of the California AMBER Alert Network is the Emergency Alert System, which can, with media assistance, temporarily preempt radio and television broadcasts and provide information to the public regarding a child abduction incident. To capture the attention of the public, the emergency messages are to be preceded and concluded with alert tones. In developing the California Child Safety AMBER Network, Governor Davis directed the California Highway Patrol to serve as the centralized point of contact for the statewide activation of the EAS system. The California Highway Patrol now has the equipment necessary to broadcast to all local law enforcement agencies or do a multi-regional activation of this system. The goal of our program is to bring the eyes and ears of millions of California residents together with law enforcement officials to maximize search efforts and ensure the safe recovery of abducted children. However, to ensure that the public remains sensitive to the activation of the system, an AMBER Alert will only be initiated in California when the investigating law enforcement agency has confirmed all of the following: first, that an abduction has occurred; second, that the victim of the abduction is 17 years of age or younger, or has a proven mental or physical disability; third, that the victim is in imminent danger of serious bodily injury or death; and, last, that there is information available that, if disseminated to the public, could assist in the safe recovery of the victim or apprehension of the suspect. This summer, the California Highway Patrol created a notification center which operates 24 hours a day, 7 days a week, which can assist local law enforcement agencies with the immediate initiation of a statewide AMBER Alert. Since California is a large State with an extensive system of highways, we have tied the system to a system that addresses our particular communication needs. Using our effective changeable message signs and our highway advisory radio system, we now transmit information to the motoring public regarding a confirmed child abduction case, which as proven invaluable in the realization of our basic and most fundamental goal, which is the safe return of children. The California system also activates the Emergency Digital Information Service. The Emergency Digital Information Service was created in 1989 following the Loma Prieta earthquake to improve communications and serve as a simple, comprehensive means to get detailed emergency information to the public. This service provide local, State and Federal law enforcement agencies with a direct computer link to media outlets and other agencies. Text messages may be sent via the State's law enforcement telecommunications system, while images and graphics may be sent over the Internet. Emergency Digital Information Service messages provide all relevant information regarding a child abduction, such as child information and suspect and vehicle descriptions, to other law enforcement agencies throughout the State and the media. This information can also be disseminated through text pagers to law enforcement officials and media representatives. Another tool we use is a computer-based system called Technology to Recover Abducted Kids, or otherwise widely known as TRAK. TRAK technology is an image-based system linking State, county and local law enforcement agencies. The TRAK system can capture and immediately distribute color photographs and images to thousands of law enforcement agencies, media outlets, hospitals, and private organizations. There are approximately 1,200 systems being used by various law enforcement agencies in 32 States. California alone has 488. Finally, we incorporate Internet sites as part of our alert system. Child abduction information, photographs and descriptions can be posted on Internet sites, including the California Highway Patrol media Web page that is accessed by media outlets throughout the State. We are learning much in our role as statewide coordinators for rapid response to child abduction cases. We continue to improve our system with deployment of additional TRAK systems, upgrading of alerting technologies, and training for law enforcement, the media and the public. We have found that partnerships with child abduction groups, such as the Klaas Foundation, the National Center for Missing and Exploited Children, media outlets, and organized highway user groups such as the California State Automobile Association and the commercial trucking industry, are key to a successful alerting system. We also recognize that we are very fortunate to have a Governor and congressional delegation that care about this issue and have provided us with the resources needed to rapidly consolidate and expand this program. The California Child Safety AMBER Network should be considered in developing a national model. Although the Emergency Alert System is a nationwide system which can and should be used as part of any child abduction notification process, we believe a comprehensive program which utilizes a variety of resources is critical to the development or deployment of any successful child abduction notification system. A national coordinator of AMBER Alert programs could prove beneficial, assuming they coordinate and do not mandate, and should be shaped with the input and assistance of State law enforcement and AMBER Alert coordinators. I was going to share with you a couple of examples--they are in my prepared notes--of some of the success cases that we had in California. But after meeting Nichole, I don't think I really need to do that. I would just add one thing that she left out. When that AMBER Alert went out, it went out statewide and it went out within the first hour after the abduction. The individual that saw this on the television was a motel owner in Hawthorne, Nevada. He saw the vehicle and immediately notified the Nevada Highway Patrol, which had an officer in position who apprehended the suspect and returned Nichole safely all within a few hours. If it wasn't for the AMBER Alert program, I fear the worst. So this is a success story. I have other stories in my prepared notes that you can read later. The incidents that you will see in my prepared notes highlight the benefit of a statewide, and in the case of Nichole, interstate notification system to recover abducted children. In California, this program is intended to unite all of our residents in the search for an abducted child. When a child is abducted and an AMBER Alert is initiated, every parent, media representative, police officer, highway worker, and member of the community are called into action. Although a comprehensive nationwide notification system cannot always guarantee a safe recovery in every instance, it significantly increases our chances of a safe and timely recovery. In short, we have an obligation to use every resource available in a coordinated and cooperative fashion to ensure the safety of our most precious resource--our children. Madam Chair, I thank you for the opportunity to testify before you and this distinguished Committee. I would be pleased to answer any questions that you might have. [The prepared statement of Mr. Farrow appears as a submission for the record.] Chairperson Feinstein. Thanks very much, Mr. Farrow. We appreciate your testimony. Now, last, but far from least, is Marc Klaas. I remember, because I was in California in 1993, the kidnapping and murder of his daughter. It was one of the first times we had ever seen someone come into a home, into a bedroom, and take a child. And it was such an egregious case, it was so heinous and horrendous that it really, I think, mesmerized the entire State, and there are very few of us who will ever forget Polly Klaas. The one good thing to come out of it really has been what Marc Klaas has done since, and that is to really dedicate his life to becoming, I think, a very eloquent and knowledgeable spokesperson, as well as the head of an organization called Klaas Kids that is really dedicated to the singular mission of stopping crimes against children. We need more people like him because this is what is going to make predators really think twice. His daughter was assaulted and murdered by perhaps the most vicious predator that I have ever seen. So, Marc, you are welcome here. We are delighted to have you. I thank you, and I know the Committee does, for all your work and we are very eager to hear your comments. STATEMENT OF MARC KLAAS, SAUSALITO, CALIFORNIA Mr. Klaas. Thank you, Senator, for those extremely kind words. I appreciate it, and I appreciate your steadfast support throughout the years. Before I get started, you know, Nichole, I know that it is sometimes very difficult to speak up in front of a situation like this, with the microphones and the lights and the extremely important people. But if an image is valued at a thousand words, then your presence here today is valued at life itself and I don't think you could have made a more eloquent statement than your mere presence in this room this morning. When my daughter, Polly, was kidnapped from her own bedroom in front of witnesses, the Petaluma, California, Police Department dispatched an all-points bulletin, stipulating that disbursement was not for press release. Unfortunately, another local agency interpreted that to mean that they should not notify deputies in patrol cars, as the press might monitor those frequencies. One hour after Polly was kidnapped, two local sheriff's deputies had the kidnapper in their custody. But because they were unaware that a crime had been committed, they helped him to pull his vehicle out of a ditch and sent him on his way instead of arresting him. We then spent the next 65 days searching for Polly. My goodness, we have come so far. When two Lancaster, California, teenagers were recently kidnapped at gunpoint, the responding agency pulled out all the stops and immediately alerted the media and the public by utilizing a variety of pre- determined communication tools. That decision to implement what is commonly known as the AMBER Alert has been credited with saving the lives of those teenagers. As the Kern County Sheriff dramatically stated on television, ``The girls were within 10 minutes of being murdered. The AMBER Alert saved their lives.'' In the ensuing years since the implementation of the AMBER Alert in 1996, three distinct versions of the program have been adopted. Many States, like Utah--Texas does have an AMBER Alert now, actually, Senator. They implemented it with Nancy Chavez, the little 1-year-old who was kidnapped out of the Wal-Mart recently. California, Colorado, Oklahoma, Michigan, Pennsylvania-- those are all statewide systems. Some AMBER Alert programs, such as Cincinnati's Child Abduction Alert Program which includes parts of Ohio, Kentucky and Indiana, or the St. Louis Regional Abduction Alert which extends across the river into Bellville, Illinois, have adopted a more regional approach. Finally, more localized or city-based systems, like the original in Dallas-Fort Worth or the local Washington, D.C., AMBER Alert, serve the needs of young families and those in other American communities. Basically, these programs all have to be population-based and they have to be able to disregard the State borders. But despite growing pains and variations on the theme, the AMBER Alert has been credited with saving numerous children. As long as strict criteria are followed, the AMBER Alert can continue to evolve as an effective and powerful weapon in the war to rescue America's stolen children. I believe that common elements of the system have to include a couple of other things that have been mentioned: certainly that the child is 17 years of age or younger; the jurisdictional law enforcement agency believes that the child has been abducted--that is, unwillingly taken from their environment without permission from the child's parent or legal guardian. No. 3, there is reason to believe that the victim is in immediate danger of serious bodily injury or death. No. 4, it is confirmed that an investigation has taken place that verifies the abduction and has eliminated alternative explanations for the missing child. Finally, there is sufficient information available to disseminate to the public that could assist in locating the child, suspect, or vehicle used in the abduction. I think that the one exception that should be considered is cases of international abduction, when we know that the implementation of the Hague Convention is so very difficult and oftentimes those children are never recovered. Although there are those who complain that the attention paid to the issue of missing children during this so-called Year of Abduction is spreading fear throughout our society, I counter that the attention is appropriate. If statistics relating to crimes against children affected any other segment of our society, we would declare epidemic status, pass emergency legislation, and adopt a bunker mentality. Unfortunately, since the statistics apply to children, we accept this as status quo. Now, however, with the Nation's attention riveted on abductions, we have a better understanding of the issue and we are better prepared to respond in a variety of ways. For instance, just as an aside, we now know that stranger scenarios are not the only ones that pose a predatory risk to children. Our evolving attitude is further illustrated by recent AMBER Alert innovations. When the young women in Lancaster were kidnapped, the AMBER Alert concept was expanded through the utilization of electronic billboards that advertised a description of the getaway vehicle, including the license plate number, in more than 500 locations through California. This innovation was immediately adopted by the State of Texas as an important component of their newly created AMBER Alert system. I predict that other States will quickly follow suit and the use of electronic highway signs will soon be utilized throughout the country. I have also personally been approached by truck drivers, gas station and convenience store owners, and others who are eager to become proactively and officially involved in the AMBER Alert. Now that the FCC has authorized the use of the Emergency Alert System for missing child alerts, further innovations are occurring. As the commissioner said, the Emergency Digital Information Service in California can immediately activate 50,000 communication devices, including cell phones, e-mail accounts, and pagers of citizens who voluntarily participate when an AMBER Alert is activated. Where this idea takes us next is limited only by imagination. I believe that the next logical step in the evolution of the AMBER Alert is to extend it across the country with broad- based local, regional, statewide and Federal support. Society will be best served when a system that disregards State borders, focuses on logical population centers, and extends from the Golden Gate Bridge to the Statute of Liberty, and from Galveston, Texas, to Bangor, Maine, is fully implemented. This goal is best achieved through realization of an Internet-based system that establishes a standardized communication platform and utilizes existing hardware and software. This approach is cost-effective and easily implemented with a minimal investment. Although the AMBER Alert concept has been in existence for 7 years, it is only now gaining the recognition that it deserves. When the Kern County Sheriff dramatically declared the impending doom of the young Lancaster women on ``Larry King Live,'' America suddenly realized the power of the AMBER Alert. When three more children, one of whom is sitting with us today, were quickly recovered through subsequent AMBER Alerts, America experienced a social epiphany, realizing for the first time that there are occasions on which we can beat evil on its own turf and that not every child taken by an abductor is a doomed child. The attention currently being paid to this important program will surely pass. However, if we continue to buildupon current successes that have been achieved, then none of the recent victims of predatory abduction will have died in vain. Our timeframe may be short and our attention span may be easily diverted, but we will succeed if we seize the moment. I want to thank Senators Hutchison and Feinstein--the women always step up to the plate--for authoring and supporting AMBER Alert legislation. Their effort elevates the AMBER Alert debate in important ways. They are advocating and promoting a successful weapon in the battle to recover kidnapped children. You are setting an important precedent that can be duplicated throughout the country. You are seizing the moment. Madam Chairman, members of the Committee, the entire Senate, the entire Congress, and the entire country--I urge everybody to support this important legislative effort, for if it becomes law--and I cannot say this in more definitive terms--children's lives will be saved. Thank you for your time. [The prepared statement of Mr. Klaas appears as a submission for the record.] Chairperson Feinstein. Thank you very much, Marc, and thank you, ladies and gentlemen, for your testimony. I think it has been very, very helpful. Senator Hutchison has other things to attend to and so I just want to thank her for sitting with the Subcommittee today. We appreciate it very much, and again thank you for your leadership. Senator Hutchison. Thank you. Every one of you contributed something very significant to our process and we appreciate it. Chairperson Feinstein. Now, just a few questions. Marc, let me ask you this. You mentioned that the person it is hard to even think of him as a person--who murdered your daughter had his car run into a ditch and the police actually helped him out. Was there sufficient evidence, do you think, at the time whereby an AMBER Alert would have been useful in that situation? Mr. Klaas. Senator, I believe that if an AMBER Alert had been activated--and this could have been done very, very quickly--he may not ever have arrived at that location. It was 20 miles from the location where Polly had been kidnapped and, as you know, Sonoma County has quite a few cities. It has a rather large sheriff's department and on a Friday night there are a lot of deputies out and there are a lot of cars out on the road. So I think he wouldn't have gotten to that location. We will never know if Polly was alive when the deputies finally did arrive. Certainly, he says that she was, but anything that that individual would have to say is totally self-serving. Chairperson Feinstein. You are saying, then, that he went back after that and killed her? Mr. Klaas. He came back and recovered her after that, yes, ma'am. In what state I don't know. Chairperson Feinstein. Well, thank you very much. Let me ask just one question and then I would like to turn it over to Senator Kyl. My understanding that stranger abductions still, despite everything that we see and read, are relatively rare. For example, there were 57 witnessed child abductions by a stranger in California in 2001. The National Center for Missing and Exploited Children tracked 1,529 kidnappings involving parental abductions. So my question to you, Mr. Callaway, and others on the panel is would it make sense to include parental abductions in AMBER Alerts? Mr. Callaway. I think only in the case that it can be established that the child is in danger. To be honest with you, I think that if you included the broad-based parental abductions, many times those children are not in immediate danger and the AMBER Alert would get over-used. I think that is the fear that some people have. Now, there are some cases in parental abduction that that child is in great and imminent danger, and if the police have determined that, then I think it should be used. Chairperson Feinstein. Does anybody disagree with that? Marc? Mr. Klaas. I don't disagree, but I think that we should totally recategorize the issue. For instance, of the recent abductions, Danielle vanDam, Ashley Pond, Miranda Gaddis, Elizabeth Smart, Cassandra Williams, Nichole, and Nicholas Farber were all thought to have been victimized by neighbors or acquaintances, but in most of these cases they were predatory situations. We should activate AMBER Alerts whenever a predatory situation is in play, and I think it does a disservice by calling it stranger abductions because none of these children would have applied in those kinds of situations. Yet, as we now know, the vast majority, if not all of them, their lives were very, very much in danger. Chairperson Feinstein. So what are you saying? Mr. Klaas. What I am saying, Senator, is I don't think we should be categorizing the abductions of children as stranger and non-stranger situations. I think we should be categorizing them as predatory and non-predatory. I know so many families that are broken-hearted because some perverted uncle decided to have his way with his little niece by marriage. Chairperson Feinstein. That is an excellent point, I think. Mr. Callaway? Mr. Callaway. We don't classify them as stranger abductions. It is non-family abductions, is what we would call it. The stranger/danger thing has never been anything that the National Center has used. Chairperson Feinstein. Mr. Farrow, do you have a view on that? Mr. Farrow. Yes, I do. The way the AMBER system works in California is we classify it as just an abduction, and that is the first criteria. Is the child abducted? If it is by a parent, the next criteria says if the child is in immediate danger of serious bodily injury or death. Then we will activate the AMBER system. I think that is what Mr. Callaway was talking about, but that is the second criteria. Is the child is in danger? They are not always in danger of physical harm when you have a parental abduction. Sometimes it is a custody battle, so we have to make sure that we understand. So we leave that up to the investigating agency that first arrives on the scene to make that determination. So we have crafted criteria that we use, the four components, to make sure that the system is not over-used. Chairperson Feinstein. Senator Kyl, this legislation leaves up to the Justice Department the setting of minimum standards for use, which really become very important in this kind of a conversation. What are the standards? So I think it is very important, because I think we have a reasonable certainty that this bill is going to pass, that people weigh in with the Justice Department who are knowledgeable to see that the standards are such that it covers the spectrum properly. Senator would you like to ask questions? Senator Kyl. Thank you, Madam Chairman. I think the record of this hearing will help to establish for the Justice Department the foundation for these decisions, and I think the point that you made, Mr. Klaas, is very well taken. The only question that I had--and it is predicated on the foundation for this Subcommittee's jurisdiction, the use of technology in law enforcement. We are just seeing so many new ways in which technology can be used, and because time is of the essence in these particular kinds of crimes, the use of this technology then enhances law enforcement's opportunities significantly. What we are trying to do here, as I understand it, is to acknowledge the interstate nature of these crimes, frequently, including in your case, and therefore to have a system which is uniform which all law enforcement understands and therefore can implement quickly, and also to take advantage of the different media of communication--the broadcasters, the signs that we see above the highways, usually operated by the State department of transportation, whoever that might be, but to coordinate that with the local communities, as well. I think it is great and a testament to the volunteer spirit of this country that this system basically developed without government prodding. But there is a point at which the Government, because of the interstate nature of the problem, and so on, can now assist in bringing this to fulfillment. And that is what this legislation, as I understand it, is really designed to do, and with the specific involvement of the Department of Justice, it does have a nationwide reach. I was going to ask one question of Mr. Farrow, but anybody would be able to jump in here, whether there are any other media here that perhaps we are overlooking in terms of getting the message out in a very quick way that has the broadest application to the citizenry. Is there something that we are not focused on here that in your law enforcement experience we could add to the mix? Mr. Farrow. I think in California alone, we have covered most of the media. But when we go national, I think one of the things that we have to look at and I would expect the Department of Justice to look at is the NLETS, the National Law Enforcement Telecommunications System, to make that if there is abduction, say, in California that it is put into this system so it goes nationally from minute one. In California, you could literally be in Arizona or you could be in Nevada or you could be in Oregon in just a matter of minutes, depending upon what location you go from. So I think that is the first part. There are other technologies that are now going on the market that we are looking at and that we are trying to do the research on to find out their applicability to what we have. So I would imagine that as the bill goes forward or the bill is signed and the Department of Justice steps forward that there would be some way that local law enforcement and the States can get together and actually discuss some of those technologies so it is standardized, so if we use something it in California, they use it Texas or they use it in Oklahoma, so we are not all just piecemealing the system. So that is why the bill, to us, is so enticing because it does bring it all together so we are all working together versus independently. Senator Kyl. Marc? Mr. Klaas. I believe that the Internet could be an extremely powerful tool in implementing a national AMBER Alert simply because it does create a standard platform that can be utilized by all agencies. And if it is a password-protected system, then it can be accessed from any browser-based computer that sits on a table. I think e-mail also would be a good way to disseminate information because one can freely and instantaneously transmit the highest graphic text and image information to virtually anywhere in the planet within moments. Senator Kyl. Those are all great suggestions. Again, I think the record of this hearing will help the Justice Department appreciate what we intend with respect to the implementation here. Obviously, it is an ongoing process, so your continued input will be enormously helpful. Again, Madam Chairman, I really appreciate your very quick scheduling of this hearing. I have already expressed to Senator Hutchison how much I appreciate her leadership, too. I appreciate all of you being here and I certainly agree with Marc Klaas that just having Nichole here is a great inspiration to all of us. Chairperson Feinstein. Senator, you have raised a good question because Senator Clinton was saying at the press conference yesterday that, for example, ticker tapes and things like that that flash up--every State has different ways. I gather there is advertising in New York for the State lottery that flicks up. All those kinds of things have to be involved in it, as well. So I think we have to be very flexible to see that we keep adding to the compendium of media exposure so that we can get the broadest possible attention. Marc? Mr. Klaas. Yes, Senator. We have been approached by gas stations, we have been approached by convenience stores. These are huge data bases of industry, I guess, that could be involved in this very easily. By faxing a flyer of a missing child to a convenience store or a gas station and putting that up in the window, it can be of huge benefit because even kidnappers have to stop for gas and even kidnappers have to stop for food on occasion. Chairperson Feinstein. That is a good point. Does anyone else have a comment they would like to make about the legislation before we end the hearing? If not, then let me just thank everybody once again. I think the legislation will move. We are very grateful to you, and for more than just being here today, but really grateful for your care and concern on this issue and the fact that it has been longstanding and continuing and will continue. We can stop these things if we all come together. So thank you, and this hearing is adjourned. 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