[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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