[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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