1.This Act may be cited as Billy’s Law
or the
Help Find the Missing
Act
.
2.Authorization of
the National Missing and Unidentified Persons System
(a)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
appropriationsThere is authorized to be appropriated to carry
out this section not more than a total of $2,400,000 for each of the fiscal
years 2012 through 2017. Notwithstanding any other provision of law, the total
amount of Federal funds made available for any of the fiscal years 2012 through
2017 to maintain NamUs may not exceed the amount described in the previous
sentence.
3.Sharing of
information between NCIC and NamUS
(a)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 7) 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)
(1)Not later than 1 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 confidential,
private, and law enforcement sensitive 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;
(C)specify the
circumstances in which portions of information may be withheld from transfer,
entry, or sharing from the NCIC database to the NamUs databases; and
(D)provide that once
an authorized agency provides an authorization to permit the transmission,
entering, or sharing of information (or portions of information) from the NCIC
database to the NamUs databases, such authorization shall be deemed to apply to
any updates made to such information, unless otherwise specified by the
agency.
In addition
to promulgating such rules, the Attorney General, in consultation with the
Director of the FBI, may also promulgate rules to further protect confidential,
private, and law enforcement sensitive information, such as by creating process
to permit an individual who is 21 years of age or older to proactively prohibit
NamUs from creating a profile for the individual within the NamUs database if
the individual were to go missing in the future, and to permit an individual
who is 21 years of age or older and who is voluntarily missing to request the
removal of a published profile of the individual from the NamUs
database.(2)Submissions
prior to online data entry format updateWith respect to
information submitted to the NCIC database before the end of the 30-day period
specified in subsection (a), the Attorney General may solicit from appropriate
authorized agencies authorization to transmit, enter, or share such
information.
(c)
(1)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)
(A)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 have provided authorization to share the
information with the NamUs databases.
(B)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
title XXXVII of the Crime Control Act of 1990 To require
reports of missing children to NamUs
(1)Section 3701(a) of title XXXVII of the
Crime Control Act of 1990 (42 U.S.C. 5779(a)) is amended
by striking the period and inserting the following: and, consistent with
section 3 (including rules promulgated pursuant to section 3(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 7 of such Act).
.
(2)Section 3702 of title XXXVII of the Crime
Control 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 7 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)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).
(e)Authorized
agencies authority To override informationAn authorized agency
may remove or override information (or portions of information) from the NamUs
database and the NCIC database, as transferred from the NamUs database under
this Act, if such information is submitted on behalf of a public user and such
information is deemed by the authorized agency to be inaccurate.
4.
(a)Not
later than 1 year after the date of enactment of this Act, 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)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 3 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)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 3, simultaneously to the NamUs databases when reporting to the NCIC
database or to the NCIC database when reporting to the NamUs databases.
(d)
(1)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)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 personsThe categories of missing persons described in
this subsection are the following:
(1)A
missing person age 21 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 kidnaping;
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 personsThe 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 remainsThe 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)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)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(b)(1).
(i)For each of the fiscal years 2013 through 2016, the
Attorney General shall publish an annual statistical summary of the reports
required by subsection (c).
(j)Qualifying law
enforcement agency definedFor purposes of this Act, the term
qualifying law enforcement agency means a State, local, or tribal
law enforcement agency.
(k)
(1)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
appropriationsThere is authorized to be appropriated to carry
out this section $8,000,000 for each of the fiscal years 2012 through
2016.
5.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.
6.
(a)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)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.
7.For the purposes of this Act, the following
definitions apply:
(1)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.
(2)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.
(3)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.
(4)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.