Bill Summary
The legislation, also known as "Billy's Law" or the "Help Find the Missing Act," authorizes funding and increases accessibility to the National Missing and Unidentified Persons System (NamUs). It requires the Attorney General to coordinate the system, provide training and support for law enforcement and families of missing persons, and develop technologies to aid in identification. The section also amends the Crime Control Act of 1990 to require reporting of missing children to NamUs and allows for access to the National Crime Information Center database. It also establishes an incentive grants program for reporting information to databases, outlines confidentiality rules, and defines key terms used throughout the rest of the act.
Possible Impacts
1. Families of missing persons will benefit from increased funding and accessibility to the National Missing and Unidentified Persons System, as well as training and support from law enforcement.
2. Law enforcement agencies will be required to report missing children to NamUs and will have access to the National Crime Information Center database, improving their ability to track and identify missing persons.
3. Through the incentive grants program, qualifying law enforcement agencies, forensic medicine service providers, and forensic science service providers will receive funding to assist in reporting information to the NCIC and NamUs databases, ultimately aiding in the identification of missing and unidentified persons.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5029 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 5029
To authorize funding for, and increase accessibility to, the National
Missing and Unidentified Persons System, to facilitate data sharing
between such system and the National Crime Information Center database
of the Federal Bureau of Investigation, to provide incentive grants to
help facilitate reporting to such systems, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 29, 2022
Mr. Murphy (for himself, Mr. Cornyn, Mr. Tillis, Mr. Blumenthal, and
Mr. Hoeven) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To authorize funding for, and increase accessibility to, the National
Missing and Unidentified Persons System, to facilitate data sharing
between such system and the National Crime Information Center database
of the Federal Bureau of Investigation, to provide incentive grants to
help facilitate reporting to such systems, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ``Billy's Law'' or the ``Help Find the
Missing Act''.
SEC. 2. AUTHORIZATION OF THE NATIONAL MISSING AND UNIDENTIFIED PERSONS
SYSTEM.
(a) In General.--The Attorney General, shall maintain the
``National Missing and Unidentified Persons System'' or ``NamUs'',
consistent with the following:
(1) The NamUs shall be a national information clearinghouse
and resource center for missing, unidentified, and unclaimed
person cases across the United States administered by the
National Institute of Justice and managed through an agreement
with an eligible entity.
(2) The NamUs shall coordinate or provide--
(A) online database technology which serves as a
national information clearinghouse to help expedite
case associations and resolutions;
(B) various free-of-charge forensic services to aid
in the identification of missing persons and
unidentified remains;
(C) investigative support for criminal justice
efforts to help missing and unidentified person case
resolutions;
(D) technical assistance for family members of
missing persons;
(E) assistance and training by coordinating State
and local service providers in order to support
individuals and families impacted by the loss or
disappearance of a loved one; and
(F) training and outreach from NamUs subject matter
experts, including assistance with planning and
facilitating Missing Person Day events across the
country.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section not more than a total of
$7,000,000 for each of the fiscal years 2023 through 2028.
(c) Permissible Use of Funds.--
(1) In general.--The permissible use of funds awarded under
this section for the implementation and maintenance of the
agreement created in subparagraph (a)(1) include the use of
funds--
(A) to hire additional personnel to provide case
support and perform other core NamUs functions;
(B) to develop new technologies to facilitate
timely data entry into the relevant data bases;
(C) to conduct contracting activities relevant to
core NamUs services;
(D) to provide forensic analyses to support the
identification of missing and unidentified persons, to
include, but not limited to DNA typing, forensic
odontology, fingerprint examination, and forensic
anthropology;
(E) to train State, local, and Tribal law
enforcement personnel and forensic medicine service
providers to use NamUs resources and best practices for
the investigation of missing and unidentified person
cases;
(F) to assist States in providing information to
the NCIC database, the NamUs database, or any future
database system for missing, unidentified, and
unclaimed person cases;
(G) to report to law enforcement authorities in the
jurisdiction in which the remains were found
information on every deceased, unidentified person,
regardless of age;
(H) to participate in Missing Person Days and other
events to directly support family members of the
missing with NamUs case entries and DNA collections;
(I) to provide assistance and training by
coordinating State and local service providers in order
to support individuals and families;
(J) to conduct data analytics and research projects
for the purpose of enhancing knowledge, best practices,
and training related to missing and unidentified person
cases, as well as developing NamUs system enhancements;
(K) to create and maintain a secure, online,
nationwide critical incident response tool for
professionals that will connect law enforcement,
medico-legal and emergency management professionals, as
well as victims and families during a critical
incident; and
(L) for other purposes consistent with the goals of
this section.
(d) Amendments to the Crime Control Act of 1990 To Require Reports
of Missing Children to NamUs.--
(1) Reporting requirement.--Section 3701(a) of the Crime
Control Act of 1990 (34 U.S.C. 41307(a)) is amended by striking
the period and inserting the following: ``and, consistent with
section 3 (including rules promulgated pursuant to section
3(c)) of the Help Find the Missing Act, shall also report such
case, either directly or through authorization described in
such section to transmit, enter, or share information on such
case, to the NamUs databases.''.
(2) State requirements.--Section 3702 of the Crime Control
Act of 1990 (34 U.S.C. 41308) is amended--
(A) in paragraph (2), by striking ``or the National
Crime Information Center computer database'' and
inserting ``, the National Crime Information Center
computer database, or the NamUs databases'';
(B) in the matter following paragraph (3), by
striking ``and the National Crime Information Center
computer networks'' and inserting ``, the National
Crime Information Center computer networks, and the
NamUs databases''; and
(C) in paragraph (4)--
(i) in the matter preceding subparagraph
(A), by inserting ``or the NamUs databases''
after ``National Crime Information Center'';
and
(ii) in subparagraph (A), by striking ``and
National Crime Information Center computer
networks'' and inserting ``, National Crime
Information Center computer networks, and the
NamUs databases''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to reports made before, on, or after
the date of enactment of this Act.
SEC. 3. INFORMATION SHARING.
(a) Access to NCIC.--Not later than 1 year after the date of
enactment of this Act, the Attorney General shall, in accordance with
this section, provide access to the NCIC Missing Person and
Unidentified Person Files to the National Institute of Justice or its
designee administering the NamUs program as a grantee or contractor,
for the purpose of reviewing missing and unidentified person records in
NCIC for case validation and NamUs data reconciliation.
(b) Electronic Data Sharing.--Not later than 6 months after the
date of enactment of this Act, the Attorney General shall, in
accordance with this section, have completed an assessment of the NCIC
and NamUs system architectures and governing statutes, policies, and
procedures and provide a proposed plan for the secure and automatic
data transmission of missing and unidentified person records that are
reported to and entered into the NCIC database, with the following
criteria, to be electronically transmitted to the NamUs system.
(1) Missing Person cases with an MNP (Missing Person) code
of CA (Child Abduction) or AA (Amber Alert) within 72 hours of
entry into NCIC;
(2) Missing Person cases with an MNP code EME (Endangered)
or EMI (Involuntary) within 30 days of entry into NCIC;
(3) All other Missing Person cases that have been active
(non-cancelled) in NCIC for 180 days;
(4) Unidentified person cases that have been active (non-
cancelled) in NCIC for 60 days;
(5) Once case data are transmitted to NamUs, cases are
marked as such within NCIC, and any updates to such cases will
be transmitted to NamUs within 24 hours.
(c) Rules on Confidentiality.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Attorney General, in consultation
with the Director of the FBI, shall promulgate rules pursuant
to notice and comment that specify the information the Attorney
General may allow NamUs to access from the NCIC Missing Person
and Unidentified Person files or be transmitted from the NCIC
database to the NamUs databases for purposes of this Act. Such
rules shall--
(A) provide for the protection of confidential,
private, and law enforcement sensitive information
contained in the NCIC Missing Person and Unidentified
Person files; and
(B) specify the circumstances in which access to
portions of information in the Missing Person and
Unidentified Person files may be withheld from the
NamUs databases.
SEC. 4. INCENTIVE GRANTS PROGRAM.
(a) Establishment.--
(1) In general.--The Attorney General shall establish a
program to provide grants to qualifying law enforcement
agencies, forensic medicine service providers, forensic science
service providers, and other authorized agencies to facilitate
the process of reporting information regarding missing persons
and unidentified remains to the NCIC database and NamUs
databases for purposes of assisting in locating such missing
persons and identifying such remains.
(2) Certification.--A statewide agency applying for a grant
under this section shall certify that the agency will assist
other State, local, and Tribal agencies in that State and, upon
request, provide information required under subsection (b) in
the format and within the timeframe under that subsection. No
applicant may receive a grant in an amount greater than what
the Attorney General determines necessary to perform its
statewide responsibilities under this section.
(b) Requirements.--
(1) In general.--As a condition of a grant under this
section, a grant recipient shall, with respect to each case
reported to the agency or office of the recipient relating to a
missing person described in a category under subsection (e) or
relating to unidentified remains--
(A) not later than 72 hours after such case is
reported to the agency or office and consistent with
subsection (c), submit to the NCIC database and NamUs
databases--
(i) in the case of a missing person
described in a category under subsection (e),
at least the minimum information described in
subsection (f)(1); and
(ii) in the case of unidentified remains,
at least the minimum information described in
subsection (f)(2);
(B) not later than 60 days after the original entry
of the report, verify and update any original report
entered into the State law enforcement system, the NCIC
database, or NamUs databases after receipt of the grant
with any additional information, including, to the
greatest extent possible--
(i) information on DNA profiles that have
been uploaded to the National DNA Index System
under subparagraph (E);
(ii) fingerprints, medical and dental
records, and photographs of any distinguishing
characteristics such as scars, marks, tattoos,
piercings, and other unique physical
characteristics;
(iii) in the case of unidentified remains,
photographs or digital images that may assist
in identifying the decedent, including
fingerprint cards, radiographs, palmprints, and
distinctive features of the decedent's personal
effects; and
(iv) any other information determined to be
appropriate by the Attorney General; and
(C) not later than 180 days after such case is
reported to the agency office and consistent with
subsection (c), submit to the NamUs database
(i) in the case of a missing person
described in category under subsection (e), at
least the minimum information described in
subsection (f)(1); and
(ii) in the case of unidentified remains,
at least the minimum information described in
subsection (f)(2);
(D) not later than 30 days after entry into the
NamUs database after receipt of the grant with any
additional information, including, to the greatest
extent possible--
(i) information on DNA profiles that have
been uploaded to National DNA Index Systems
under subparagraph (C);
(ii) fingerprints, medical dental records,
and photographs of any distinguishing
characteristics such as scars, marks, tattoos,
piercings, and other unique physical
characteristics;
(iii) in the case of unidentified remains,
photographs or digital images that may assist
in identifying the decedent, including
fingerprint cards, radiographs, palmprints, and
distinctive features of the decedent's personal
effects; and
(iv) any other information determined to be
appropriate by the Attorney General; and
(E) not later than 60 days after the original entry
of the report, to the greatest extent possible, submit
to the National DNA Index System of the FBI,
established pursuant to section 210304 of the Violent
Crime Control and Law Enforcement Act of 1994 (34
U.S.C. 12592), either directly or through use of NamUs
victims assistance resources and DNA collection
services, DNA samples and information relating to such
case.
(2) Sharing of information.--For purposes of subparagraph
(B), in the case of information a grant recipient authorizes to
be transferred, entered, or shared under section 3 between the
NCIC database and NamUs databases, any update to such
information shall be made with respect to both databases unless
specified otherwise by the recipient.
(c) Submission of Reports.--To satisfy subsection (b)(1)(A), a
recipient of a grant under this section shall submit information
required under such subsection to the NCIC database.
(d) Clarification.--In no case may a recipient of a grant under
this section use funds to enter or help facilitate the entrance of any
false or misleading information about missing persons or unidentified
remains.
(e) Categories of Missing Persons.--The categories of missing
persons described in this subsection are the following:
(1) A missing person age 18 or older who--
(A) is senile or is suffering from a proven mental
or physical disability, as documented by a source
deemed credible to an appropriate law enforcement
entity; or
(B) is missing under circumstances that indicate,
as determined by an appropriate law enforcement
entity--
(i) that the person's physical safety may
be endangered;
(ii) that the disappearance may not have
been voluntary, such as abduction or
kidnapping; or
(iii) that the disappearance may have been
caused by a natural disaster or catastrophe
(such as an airplane crash or terrorist
attack).
(2) A missing person who does not meet the criteria
described in paragraph (1) but who meets one of the following
criteria:
(A) There is a reasonable concern, as determined by
an appropriate law enforcement entity, for the safety
of the missing person.
(B) The person is under age 21 and emancipated
under the laws of the person's State of residence.
(f) Minimum Information Required.--
(1) Content for missing persons.--The minimum information
described in this section, with respect to a missing person, is
the following:
(A) The full name, date of birth, gender or
biological sex, race or ethnicity, height, weight, eye
color, and hair color of the missing person.
(B) If the missing person is American Indian or
Alaska Native, any Tribal enrollment or affiliation
information, or if the missing person is Native
Hawaiian, the Native Hawaiian organization.
(C) The date and location of the last known contact
with the missing person, including the city, county,
and State where the person went missing.
(D) If the missing person was last seen on Tribal
or Native Hawaiian land under the jurisdiction of the
United States.
(E) The category described in subsection (e) in
which the missing person is classified.
(F) Circumstances of the disappearance.
(G) The law enforcement agency investigating the
case, to include any name, case number, assigned
investigator, and contact information.
(2) Content for unidentified human remains.--The minimum
information described in this section, with respect to
unidentified human remains, is the following:
(A) If possible, the estimated age, gender or
biological sex, race or ethnicity, height, weight, hair
color, and eye color.
(B) If possible, any distinguishing characteristics
such as scars, marks, tattoos, piercings, and other
unique physical characteristics.
(C) If possible, a description of clothing found on
the decedent.
(D) The city, county, or other locality and the
State where the unidentified human remains were found.
(E) If the remains were found on Tribal or Hawaiian
Native land under the jurisdiction of the United
States.
(F) The forensic medicine service provider or
Justice of the Peace with primary jurisdiction and
legal authority over the remains.
(G) The name of the lead law enforcement agency
investigating the case, to include agency name, case
number, assigned investigator, and contact information.
(H) Information on the extent to which DNA samples
are available, including the availability of such
samples submitted to the National DNA Index System
under subsection (b)(1)(C).
(g) Administration.--The Attorney General shall prescribe
requirements, including with respect to applications, for grants
awarded under this section and shall determine the amount of each such
grant.
(h) Confidentiality.--As a condition of a grant under this section,
the recipient of the grant shall ensure that information reported under
the grant meets the requirements promulgated by the Attorney General
under section 3(c)(1)(A).
(i) Annual Summary.--For each of the fiscal years 2023 through
2027, the Attorney General shall publish an annual statistical summary
of the reports required by subsection (c).
(j) Funding.--
(1) Matching requirement.--The Attorney General may not
make a grant under subsection (a) unless the applicant involved
agrees, with respect to the costs to be incurred by the
applicant in carrying out the purposes described in this
section, to make available non-Federal contributions (in cash
or in kind) toward such costs in an amount equal to not less
than $1 for each $2 of Federal funds provided in the grant.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $8,000,000 for
each of the fiscal years 2023 through 2027.
SEC. 5. REPORT ON BEST PRACTICES.
Not later than 1 year after the date of the enactment of this Act,
the Attorney General shall issue a report to offices of forensic
medicine service providers, and Federal, State, local, and Tribal law
enforcement agencies describing the best practices for the collection,
reporting, and analysis of data and information on missing persons and
unidentified human remains. Such best practices shall--
(1) provide an overview of the NCIC database and NamUs
databases;
(2) describe how local law enforcement agencies, and
offices of forensic medicine service providers should access
and use the NCIC database and NamUs databases;
(3) describe the appropriate and inappropriate uses of the
NCIC database and NamUs databases; and
(4) describe the standards and protocols for the
collection, reporting, and analysis of data and information on
missing persons and unidentified human remains.
SEC. 6. REPORT TO CONGRESS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act and biennially thereafter, the Attorney General
shall submit to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate a
report describing the status of the NCIC database and NamUs databases.
(b) Contents.--The report required by subsection (a) shall
describe, to the extent available, information on--
(1) the process of information sharing between the NCIC
database and NamUs databases; and
(2) the programs funded by grants awarded under section 4.
SEC. 7. DEFINITIONS.
In this Act:
(1) Authorized agency.--The term ``authorized agency''
means a Government agency with an originating agency
identification (ORI) number and that is a criminal justice
agency, as defined in section 20.3 of title 28, Code of Federal
Regulations.
(2) FBI.--The term ``FBI'' means the Federal Bureau of
Investigation.
(3) Forensic medicine service provider.--The term
``forensic medicine service provider'' means a State or unit of
local government forensic medicine service provider having not
fewer than 1 part-time or full-time employed forensic
pathologist, or forensic pathologist under contract, who
conducts medicolegal death investigations, including
examinations of human remains, and who provides reports or
opinion testimony with respect to such activity in courts of
law within the United States.
(4) Forensic science service provider.--The term ``forensic
science service provider'' means a State or unit of local
government agency having not fewer than 1 full-time analyst who
examines physical evidence in criminal or investigative matters
and provides reports or opinion testimony with respect to such
evidence in courts in the United States.
(5) NamUs databases.--The term ``NamUs databases'' means
the National Missing and Unidentified Persons System Missing
Persons database and National Missing and Unidentified Persons
System Unidentified Decedents database maintained by the
National Institute of Justice of the Department of Justice,
which serves as a clearinghouse and resource center for
missing, unidentified, and unclaimed person cases.
(6) NCIC database.--The term ``NCIC database'' means the
National Crime Information Center Missing Person File and
National Crime Information Center Unidentified Person File of
the National Crime Information Center database of the FBI,
established pursuant to section 534 of title 28, United States
Code.
(7) Qualifying law enforcement agency defined.--The term
``qualifying law enforcement agency'' means a State, local, or
Tribal law enforcement agency.
(8) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands.
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