[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3695 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3695

 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 HOUSE OF REPRESENTATIVES

                            October 1, 2009

Mr. Murphy of Connecticut (for himself and Mr. Poe of Texas) introduced 
    the following bill; which was 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 the ``Help Find the Missing Act'' or 
``Billy's Law''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Every year tens of thousands of Americans go missing, 
        never to be seen by their loved ones again.
            (2) As of 2004, there are an estimated 40,000 sets of 
        unidentified remains that are being held by medical examiner or 
        coroner offices or disposed of across the country.
            (3) According to the National Institute of Justice, only 
        6,000 of such cases of unidentified remains have been entered 
        into the National Crime Information Center's Unidentified 
        Person File of the Federal Bureau of Investigation (in this 
        section referred to as ``NCIC'').
            (4) As of December 31, 2008, there were 102,764 missing 
        persons records active in the NCIC.
            (5) The estimated numbers of missing persons and 
        unidentified human remains in the United States are not 
        complete because reporting to NCIC by local law enforcement 
        entities, medical examiner offices, and coroner offices of 
        information on missing adults or unidentified decedents is 
        voluntary.
            (6) The National Child Search Assistance Act of 1990 (42 
        U.S.C. 5779), as amended by Suzanne's Law (section 204 of the 
        Prosecutorial Remedies and Other Tools to End the Exploitation 
        of Children Today Act of 2003 (PROTECT Act, Public Law 108-21)) 
        requires Federal, State, and local law enforcement agencies to 
        report cases of missing children and individuals under the age 
        of 21 to the National Crime Information Center (NCIC) Missing 
        Person File. There is no similar Federal law requiring Federal, 
        State, or local law enforcement agencies to report missing 
        adults or unidentified decedents cases.
            (7) Law enforcement entities, medical examiners, and 
        coroners need assistance to acquire the tools to report missing 
        adults and unidentified remains and the purpose of this Act is 
        to provide incentive grants to provide such entities with such 
        assistance.
            (8) According to a Bureau of Justice and Statistics special 
        report on its 2004 Census of Medical Examiner and Coroners' 
        Offices, 80 percent of surveyed medical examiners offices and 
        coroners offices reported using the NCIC rarely or never, with 
        increased workload and cost of access as obstacles.
            (9) There are many Federal, State, local, and non-profit 
        databases that can be used to help identify unidentified 
        remains. However, such databases are not connected and most 
        have little or no search capability and are not able to be 
        viewed or searched by the public.
            (10) The National Missing and Unidentified Persons System 
        (NamUs) was established in July 2007 by the Department of 
        Justice under the President's DNA Initiative to provide a 
        missing persons/unidentified remains database that the public 
        could access and to which the public could contribute and 
        search. NamUs is currently funded by the National Institute of 
        Justice under the Department of Justice.
            (11) As of September 2009, 42 States, the District of 
        Columbia, and Puerto Rico have medical examiners, coroners, or 
        both entering cases into the NamUs unidentified persons system. 
        Forty-five States have law enforcement officers registered and 
        using the NamUs missing persons system. All 50 States have 
        missing persons in the NamUs databases.
            (12) In 2007 a focus group funded by the National Institute 
        of Justice that consisted of national experts in human 
        identification and technology, medical examiners and coroners, 
        forensic anthropologists, odontologists, DNA scientists, death 
        investigators, and technology experts determined three major 
        areas of needs in the human identification community (all of 
        which are identified in this Act), including an accessible 
        unidentified decedent database; best practices guidelines; and 
        technology, training, and research.
            (13) The January 2007 National Institute of Justice Journal 
        publication, titled ``Missing Persons and Unidentified Remains: 
        The Nation's Silent Mass Disaster'', identified major gaps in 
        the Nation's missing persons system. Such identified gaps, 
        which this legislation addresses, included the lack of--
                    (A) reporting of missing adults and unidentified 
                remains by local law enforcement and medical examiners 
                and coroners because of insufficient time and 
                resources;
                    (B) information sharing among Federal missing 
                persons and unidentified remains databases;
                    (C) policies to collect DNA samples from 
                unidentified remains;
                    (D) resources to perform DNA analysis of human 
                remains; and
                    (E) knowledge among law enforcement agencies about 
                State missing persons clearinghouses or the Federal 
                databases.

SEC. 3. AUTHORIZATION OF THE NATIONAL MISSING AND UNIDENTIFIED PERSONS 
              SYSTEM.

    (a) In General.--The Attorney General, through the Director of the 
National Institute of Justice, is authorized to maintain public 
databases, known as the ``National Missing and Unidentified Persons 
System'' or ``NamUs'', to contain missing persons records and 
unidentified remains cases for purposes of assisting to identify 
missing people and solve cases of unidentified human remains. All 
functions, personnel, assets, liabilities, and administrative actions 
applicable to the National Missing and Unidentified Persons System 
carried out by the National Institute of Justice on the date before the 
date of the enactment of this Act shall be transferred to the National 
Missing and Unidentified Persons System authorized under this section 
as of the date of the enactment of this Act.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,400,000 for each of the 
fiscal years 2010 through 2015.

SEC. 4. SHARING OF INFORMATION BETWEEN NCIC AND NAMUS.

    (a) Sharing of Information.--Not later than the end of the 30-day 
period beginning on the date the online data entry format is updated 
under subsection (c), the Attorney General shall, in accordance with 
this section, provide for information on missing persons and 
unidentified human remains contained in the NCIC database (as defined 
in section 8) to be transmitted to, entered in, and otherwise shared 
with the NamUs databases (as defined in such section) and for such 
information contained in the NamUs databases to be transmitted to, 
entered in, and otherwise shared with the NCIC database.
    (b) Rules on Confidentiality.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Attorney General, in 
        consultation with the Director of the Federal Bureau of 
        Investigation (in this Act referred to as the ``FBI''), shall 
        promulgate rules pursuant to notice and comment that specify 
        the information the Attorney General may provide from the NCIC 
        files to the NamUs databases for purposes of this Act. Such 
        rules shall--
                    (A) provide for the protection of law enforcement 
                sensitive, confidential, and private information 
                contained in the NCIC files;
                    (B) be promulgated only after the Director approves 
                recommendations by the Advisory Policy Board of the 
                Criminal Justice Information Services Division of the 
                FBI; and
                    (C) not permit the transmission, entry, or sharing 
                of information (or portions of information) from the 
                NCIC database to the NamUs databases unless the 
                authorized agency, with respect to the information 
                submitted to the NCIC database, submits to the Attorney 
                General written authorization to so transmit, enter, or 
                share, respectively, such information (or portion of 
                information).
            (2) Specifics.--In promulgating rules with respect to 
        paragraph (1)(C), the Attorney General--
                    (A) shall specify the circumstances in which 
                portions of information may be withheld from transfer, 
                entry, or sharing from the NCIC database to the NamUs 
                databases;
                    (B) shall provide that once the authorized agency 
                described in paragraph (1)(C) provides an authorization 
                under such paragraph with respect to information, such 
                authorization shall be deemed to apply to any updates 
                made to such information, unless otherwise specified by 
                the agency; and
                    (C) with respect to information submitted to the 
                NCIC database before the end of the 30-day period 
                specified in subsection (a), may solicit from 
                appropriate authorized agencies authorization described 
                in such paragraph to transmit, enter, or share such 
                information.
    (c) Updates.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Attorney General shall update 
        the online data entry format for the NCIC database and NamUs 
        databases to provide State criminal justice agencies, offices 
        of medical examiners, and offices of coroners with the option 
        to authorize the submission of new information and data that is 
        reported to and entered into the NCIC database to 
        simultaneously be submitted to and entered into the NamUs 
        databases.
            (2) NCIC format.--
                    (A) In general.--In the case of the NCIC database, 
                an update described in paragraph (1) shall include--
                            (i) an update to the NCIC database online 
                        data entry format that States use in submitting 
                        missing persons and unidentified remains 
                        reports, including the addition of a new data 
                        field allowing States, on behalf of the 
                        authorized agency that originally submitted the 
                        data, to select whether or not to have the NCIC 
                        report, subject to the rules promulgated under 
                        subsection (b), shared with the NamUs 
                        databases; and
                            (ii) subject to subparagraph (B), a 
                        requirement that as a condition of 
                        participating in the NCIC database, States must 
                        update their missing persons and unidentified 
                        remains collection processes from local and 
                        tribal law enforcement, medical examiners, and 
                        coroners to enable the States to acquire 
                        information on whether or not the authorized 
                        agencies originally submitting data with 
                        respect to a missing person or unidentified 
                        remains has provided authorization to share the 
                        information with the NamUs databases.
                    (B) Exception.--Subparagraph (A)(ii) shall not 
                apply with respect to any State that has in effect a 
                State law providing for a methodology to authorize the 
                sharing of information between the NCIC database and 
                NamUs databases.
    (d) Amendments to the National Child Search Assistance Act of 1990 
To Require Reports of Missing Children to NamUs.--
            (1) Reporting requirement.--Section 3701(a) of the National 
        Child Search Assistance Act of 1990 (42 U.S.C. 5779) is amended 
        by striking the period and inserting the following: ``and, 
        consistent with section 4 (including rules promulgated pursuant 
        to section 4(b)) 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 (as defined in 
        section 8 of such Act).''.
            (2) State requirements.--Section 3701 of the National Child 
        Search Assistance Act of 1990 (42 U.S.C. 5780) 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 (as defined 
                in section 8 of the Help Find the Missing Act)'';
                    (B) in 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 (as so 
                defined)''; 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 the enactment of this Act beginning on the last day 
        of the 30-day period described in subsection (a).

SEC. 5. INCENTIVE GRANTS PROGRAM.

    (a) Establishment.--Not later than October 1, 2010, the Attorney 
General shall establish a program to provide grants to qualifying law 
enforcement agencies (as defined in subsection (j)), offices of 
coroners, offices of medical examiners, 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.
    (b) Requirements.--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--
            (1) 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--
                    (A) 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
                    (B) in the case of unidentified remains, at least 
                the minimum information described in subsection (f)(2); 
                and
            (2) 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--
                    (A) 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)(3);
                    (B) fingerprints, medical and dental records, and 
                photographs of any distinguishing characteristics such 
                as scars, marks, tattoos, piercings, and other unique 
                physical characteristics;
                    (C) 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
                    (D) any other information determined to be 
                appropriate by the Attorney General; and
            (3) 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 Federal Bureau of Investigation, 
        established pursuant to section 210304 of the Violent Crime 
        Control and Law Enforcement Act of 1994, (either directly or 
        through use of NamUs victims assistance resources and DNA 
        collection services) DNA samples and information relating to 
        such case.
For purposes of paragraph (2), in the case of information a grant 
recipient authorizes to be transferred, entered, or shared under 
section 4 between the NCIC database and NamUs databases, any update to 
such information shall be simultaneously made with respect to both 
databases unless specified otherwise by the recipient.
    (c) Submission of Reports.--To satisfy subsection (b)(1), a 
recipient of a grant under this section shall submit information 
required under such subsection--
            (1) separately to the NCIC database and NamUs databases; or
            (2) in accordance with section 4, simultaneously to the 
        NamUs databases when reporting to the NCIC database or to the 
        NCIC database when reporting to the NamUs databases.
    (d) Permissible Use of Funds.--
            (1) In general.--The permissible uses of grants awarded 
        under this section include the use of funds--
                    (A) to hire additional personnel, to acquire 
                technology to facilitate timely data entry into the 
                relevant databases;
                    (B) to conduct contracting activities relevant to 
                outsourcing the processing of unidentified remains and 
                the reporting of the resulting information to the NCIC 
                database and NamUs databases;
                    (C) to train local law enforcement personnel, 
                medical examiners, and coroners to use the NCIC 
                database and NamUs databases;
                    (D) to assist States' transition into the new 
                system under which information is shared between the 
                NCIC database and NamUs databases; and
                    (E) for other purposes consistent with the goals of 
                this section.
            (2) 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 21 or older who--
                    (A) is senile or has 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; or
                            (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 name, date of birth, city and State of 
                residence, gender, race, height, weight, eye color, and 
                hair color of the missing person.
                    (B) The date and location of the last known contact 
                with the missing person.
                    (C) The category described in subsection (e) in 
                which the missing person is classified.
            (2) Content for unidentified human remains.--The minimum 
        information described in this section, with respect to 
        unidentified human remains, is the following:
                    (A) The estimated age, gender, race, height, 
                weight, hair color, and eye color.
                    (B) Any distinguishing characteristics such as 
                scars, marks, tattoos, piercings, and other unique 
                physical characteristics.
                    (C) A description of clothing found on the 
                decedent.
                    (D) City and State where the unidentified human 
                remains were found.
                    (E) Information on how to contact the law 
                enforcement agency handling the investigation and the 
                unidentified human remains.
                    (F) 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)(3).
    (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 4(b)(1).
    (i) Annual Summary.--For each of the fiscal years 2012 through 
2015, the Attorney General shall publish an annual statistical summary 
of the reports required by subsection (c).
    (j) Qualifying Law Enforcement Agency Defined.--For purposes of 
this Act, the term ``qualifying law enforcement agency'' means a State, 
local, or tribal law enforcement agency.
    (k) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for each of the 
fiscal years 2011 through 2015.

SEC. 6. 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 medical 
examiners, offices of coroners, 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, offices of 
        medical examiners, and offices of coroners 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. 7. 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 5.

SEC. 8. DEFINITIONS.

    For the purposes of this Act, the following definitions apply:
     (a) 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 for purposes 
of subpart A of part 20 of title 28, Code of Federal Regulations.
    (b) 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.
    (c) 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 Federal Bureau of Investigation, 
established pursuant to section 534 of title 28, United States Code.
    (d) 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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