[Congressional Record Volume 166, Number 213 (Wednesday, December 16, 2020)]
[House]
[Pages H7217-H7219]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MISSING PERSONS AND UNIDENTIFIED REMAINS ACT OF 2019
Ms. SCANLON. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 2174) to expand the grants authorized under Jennifer's Law and
Kristen's Act to include processing of unidentified remains, resolving
missing persons cases, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 2174
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 ``Missing Persons and
Unidentified Remains Act of 2019''.
SEC. 2. USE OF GRANT FUNDS.
(a) Jennifer's Law.--Jennifer's Law (34 U.S.C. 40501 et
seq.) is amended--
(1) by striking section 202 (34 U.S.C. 40501) and inserting
the following:
``SEC. 202. PROGRAM AUTHORIZED.
``(a) In General.--
``(1) Grants authorized.--The Attorney General may award
grants to eligible entities described in paragraph (2) to
enable the eligible entities to improve the transportation,
processing, identification, and reporting of missing persons
and unidentified remains, including migrants.
``(2) Eligible entities.--Eligible entities described in
this paragraph are the following:
``(A) States and units of local government.
``(B) Accredited, publicly funded, Combined DNA Index
System (commonly known as `CODIS') forensic laboratories,
which demonstrate the grant funds will be used for DNA typing
and uploading biological family DNA reference samples,
including samples from foreign nationals, into CODIS, subject
to the protocols for inclusion of such forensic DNA profiles
into CODIS, and the privacy protections required under
section 203(c).
``(C) Medical examiners offices.
``(D) Accredited, publicly funded toxicology laboratories.
``(E) Accredited, publicly funded crime laboratories.
``(F) Publicly funded university forensic anthropology
laboratories.
``(G) Nonprofit organizations that have working
collaborative agreements with State and county forensic
offices, including medical examiners, coroners, and justices
of the peace, for entry of data into CODIS or the National
Missing and Unidentified Persons System (commonly known as
`NamUs'), or both.'';
(2) in section 203 (34 U.S.C. 40502)--
(A) in subsection (a), by striking ``a State'' and
inserting ``an entity described in section 202'';
(B) in subsection (b)--
(i) in the matter preceding paragraph (1), by striking
``State'' and inserting ``applicant'';
(ii) by striking paragraph (1) and inserting the following:
``(1) report to the National Crime Information Center and,
when possible, to law enforcement authorities throughout the
applicant's jurisdiction regarding every deceased
unidentified person, regardless of age, found in the
applicant's jurisdiction;'';
(iii) in paragraph (3), by striking ``and'' at the end;
(iv) in paragraph (4), by striking the period at the end
and inserting ``; and''; and
(v) by adding at the end the following:
``(5) collect and report information to the National
Missing and Unidentified Persons System (NamUs) regarding
missing persons and unidentified remains.''; and
(C) by adding at the end the following:
``(c) Privacy Protections for Biological Family Reference
Samples.--
``(1) In general.--Any suspected biological family DNA
reference samples received from citizens of the United States
or foreign nationals and uploaded into the Combined DNA Index
System (commonly referred to as `CODIS') by an accredited,
publicly funded CODIS forensic laboratory awarded a grant
under this section may be used only for identifying missing
persons and unidentified remains.
``(2) Limitation on use.--Any biological family DNA
reference samples from citizens of the United States or
foreign nationals entered into CODIS for purposes of
identifying missing persons and unidentified remains may not
be disclosed to a Federal or State law enforcement agency for
law enforcement purposes.''; and
(3) by striking section 204 (34 U.S.C. 40503) and inserting
the following:
``SEC. 205. USE OF FUNDS.
``An applicant receiving a grant award under this title may
use such funds to--
``(1) pay for the costs incurred during or after fiscal
year 2017 for the transportation, processing, identification,
and reporting of missing persons and unidentified remains,
including migrants;
``(2) establish and expand programs developed to improve
the reporting of unidentified persons in accordance with the
assurances provided in the application submitted pursuant to
section 203(b);
``(3) hire and maintain additional DNA case analysts and
technicians, fingerprint examiners, forensic odontologists,
and forensic anthropologists, needed to support such
identification programs; and
``(4) procure and maintain state of the art multi-modal,
multi-purpose forensic and DNA-typing and analytical
equipment.''.
(b) Kristen's Act.--Section 102 of Kristen's Act (34 U.S.C.
40504 note) is amended to read as follows:
``SEC. 102. AUTHORIZATION OF FUNDING.
``To the extent provided in advance in appropriations Acts,
the Attorney General is authorized to use funds appropriated
for the operationalization, maintenance, and expansion of the
National Missing and Unidentified Persons System (NamUs) for
the purpose of carrying out this Act''.
SEC. 3. RESCUE BEACONS.
Section 411(o) of the Homeland Security Act of 2002 (6
U.S.C. 211(o)) is amended by adding at the end the following:
``(3) Rescue beacons.--Beginning in fiscal year 2019, in
carrying out subsection (c)(8), the Commissioner shall
purchase, deploy, and maintain not more than 170 self-
powering, 9-1-1 cellular relay rescue beacons along the
southern border of the United States at locations determined
appropriate by the Commissioner to mitigate migrant
deaths.''.
SEC. 4. REPORTING ON NATIONAL MISSING AND UNIDENTIFIED
PERSONS SYSTEM (NAMUS) PROGRAM.
Not later than 18 months after the date of enactment of
this act, and every year thereafter, the Attorney General
shall submit a report to the appropriate committees of
Congress regarding--
(1) the number of unidentified person cases processed;
(2) CODIS associations and identifications;
(3) the number of anthropology cases processed;
(4) the number of suspected border crossing cases and
associations made;
(5) the number of trials supported with expert testimony;
(6) the number of students trained and professions of those
students; and
(7) the turnaround time and backlog.
SEC. 5. OTHER REPORTING REQUIREMENTS.
(a) Unidentified Remains.--
(1) Reporting requirement.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter, the
Commissioner of U.S. Customs and Border Protection shall
submit a report to the appropriate committees of Congress
regarding all unidentified remains discovered, during the
reporting period, on or near the border between the United
States and Mexico, including--
(A) for each deceased person--
(i) the cause and manner of death, if known;
(ii) the sex, age (at time of death), and country of origin
(if such information is determinable); and
(iii) the location of each unidentified remain;
(B) the total number of deceased people whose unidentified
remains were discovered by U.S. Customs and Border Protection
during the reporting period;
(C) to the extent such information is available to U.S.
Customs and Border Protection, the total number of deceased
people whose unidentified remains were discovered by Federal,
State, local or Tribal law enforcement officers, military
personnel, or medical examiners offices;
(D) the efforts of U.S. Customs and Border Protection to
engage with nongovernmental organizations, institutions of
higher education, medical examiners and coroners, and law
enforcement agencies--
(i) to identify and map the locations at which migrant
deaths occur; and
(ii) to count the number of deaths that occur at such
locations; and
(E) a detailed description of U.S. Customs and Border
Protection's Missing Migrant Program, including how the
program helps mitigate migrant deaths while maintaining
border security.
[[Page H7218]]
(2) Public disclosure.--Not later than 30 days after each
report required under paragraph (1) is submitted, the
Commissioner of U.S. Customs and Border Protection shall
publish on the website of the agency the information
described in subparagraphs (A), (B), and (C) of paragraph (1)
during each reporting period.
(b) Rescue Beacons.--Not later than 1 year after the date
of enactment of this Act, and annually thereafter, the
Commissioner of U.S. Customs and Border Protection shall
submit a report to the appropriate committees of Congress
regarding the use of rescue beacons along the border between
the United States and Mexico, including, for the reporting
period--
(1) the number of rescue beacons in each border patrol
sector;
(2) the specific location of each rescue beacon;
(3) the frequency with which each rescue beacon was
activated by a person in distress;
(4) a description of the nature of the distress that
resulted in each rescue beacon activation (if such
information is determinable); and
(5) an assessment, in consultation with local stakeholders,
including elected officials, nongovernmental organizations,
and landowners, of necessary additional rescue beacons and
recommendations for locations for deployment to reduce
migrant deaths.
(c) GAO Report.--Not later than 6 months after the report
required under subsection (a) is submitted to the appropriate
committees of Congress, the Comptroller General of the United
States shall submit a report to the same committees that
describes--
(1) how U.S. Customs and Border Protection collects and
records border-crossing death data;
(2) the differences (if any) in U.S. Customs and Border
Protection border-crossing death data collection methodology
across its sectors;
(3) how U.S. Customs and Border Protection's data and
statistical analysis on trends in the numbers, locations,
causes, and characteristics of border-crossing deaths compare
to other sources of data on these deaths, including border
county medical examiners and coroners and the Centers for
Disease Control and Prevention;
(4) how U.S. Customs and Border Protection measures the
effectiveness of its programs to mitigate migrant deaths; and
(5) the extent to which U.S. Customs and Border Protection
engages Federal, State, local, and Tribal governments,
foreign diplomatic and consular posts, and nongovernmental
organizations--
(A) to accurately identify deceased individuals;
(B) to resolve cases involving unidentified remains;
(C) to resolve cases involving unidentified persons; and
(D) to share information on missing persons and
unidentified remains, specifically with the National Missing
and Unidentified Persons System (NamUs).
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Pennsylvania (Ms. Scanlon) and the gentleman from Pennsylvania (Mr.
Reschenthaler) each will control 20 minutes.
The Chair recognizes the gentlewoman from Pennsylvania (Ms. Scanlon).
General Leave
Ms. SCANLON. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Pennsylvania?
There was no objection.
Ms. SCANLON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of S. 2174, the Missing Persons
and Unidentified Remains Act, a bipartisan measure aimed at assisting
State and local governments to locate missing people and identify human
remains.
This bill not only authorizes grant funding to States and localities
for such purposes, but it also improves the Federal Government's data
collection procedures and expands Customs and Border Protection's
response to the tragic rise in migrant deaths along our southern
border.
These changes bring much-needed financial relief to local
jurisdictions nationwide and provide a modicum of dignity and
consolation to the families of those who have perished.
Sadly, there is a pressing need for this legislation. The process by
which States and localities and law enforcement agencies must tackle
these issues exacts a financial and emotional toll. When remains are
found, their identification by State and local law enforcement and
medical examiners, often supported by crime and forensic laboratories,
provides decedents and their survivors with dignity and respect.
But bringing closure to these families is costly. State and local
entities must transport, preserve the remains, perform autopsies,
attempt DNA testing, and conduct forensic examinations. These tasks can
be particularly burdensome on small jurisdictions that often have to
rely on State support to carry out these complex tasks.
That is why the grant program that this bill authorizes is so
important. While the need for this support is greatest along our
southern border, the grant funds authorized by S. 2174 will support
jurisdictions nationwide to carry on this critical work.
S. 2174 also contains a number of provisions that will strengthen the
Federal Government's efforts to identify missing and unidentified
people. Notably, the bill would create a bridge between States and
localities and a Federal database to help match reports of missing
people with unidentified remains.
Importantly, the bill authorizes Customs and Border Protection to
install up to 170 self-powering cellular relay rescue beacons along the
southern border that will help stranded migrants call for help should
they find themselves injured or in need of emergency services.
A broad coalition of stakeholders have endorsed S. 2174, including
the Association of State Criminal Investigative Agencies; the League of
United Latin American Citizens, or LULAC; and the Christian Life
Commission. This broad swath of support speaks to the need for the
legislation and bolsters the bipartisan nature of the bill.
I want to thank Representative Vicente Gonzalez for his leadership on
this issue and his tireless work on behalf of his House companion to
this bill.
Mr. Speaker, I urge my colleagues to support this bill, and I reserve
the balance of my time.
Mr. RESCHENTHALER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, while I support this legislation, I strongly believe in
ensuring justice for all victims and their families. I want to be
absolutely clear that the continued crisis at our border requires more
from Congress.
S. 2174 provides resources to law enforcement and related entities
tasked with processing the remains of those who tragically died while
making the dangerous journey to enter this country illegally.
But Congress should be doing more to secure our borders and to
prevent these tragic deaths in the first place. I am concerned about
the burdens this bill places on our already strained U.S. Customs and
Border Protection.
Under this bill, CBP is charged with documenting information about
individuals who died at the border, reporting on the causes of their
deaths, and mapping their final locations. I truly fear that these
reports may be used by open-border advocates to malign the men and
women of the U.S. Border Patrol when those advocates inevitably decide
to play politics and start to argue that CBP is not doing enough to
mitigate migrant deaths.
In reality, to prevent future deaths at the border, we need to make
it absolutely clear that no one should embark on this dangerous journey
because illegal entry is simply not an option. We must fix our broken
immigration system, which incentivizes people to cross our border
illegally. Strong border security and interior enforcement is the best
way to stop loss of life.
Mr. Speaker, I reserve the balance of my time.
{time} 1600
Ms. SCANLON. Mr. Speaker, I yield 3 minutes to the gentleman from
Texas (Mr. Gonzalez).
Mr. GONZALEZ of Texas. Mr. Speaker, I rise today in support of S.
2174, the Missing Persons and Unidentified Remains Act, which gives
local law enforcement the tools they need to address a devastating
issue that is draining resources in rural communities in south Texas
and across the southwest border.
Border communities are currently shouldering the cost of identifying
and recovering the remains of migrants who tragically perished while
migrating to the United States. This affects our citizens, ranchers,
and farmers.
The Missing Persons and Unidentified Remains Act is a bipartisan,
bicameral effort that will give local law
[[Page H7219]]
enforcement access to Federal dollars and will help free up local
resources for rural healthcare, education, broadband, and other key
services that are, tragically, needed in these areas.
This is a critical bill to help address issues that are symptomatic
of a larger problem. Unless we invest time and resources to address the
root cause of migration from Central America, we will continue to
witness these tragic deaths in our border region.
Mr. Speaker, I thank Brooks County Sheriff Benny Martinez, Jim Hogg
County Sheriff Erasmo Alarcon, Jr., and Duval County Sheriff Romeo
Ramirez, to name a few. These men have been on the front lines of this
issue and continue their work to identify who has died.
I also acknowledge the Southern Border Communities Coalition, the
Church World Services, and the Texas Civil Rights Project for their
work to raise awareness about this issue and help build support for
this bill. Without the support of this large cross section of
stakeholders, we would not be here passing this legislation today.
For the families that have lost their loved ones, this bill is an
opportunity to bring closure. I know many of you may not find the
answers you seek, but there is a much better chance because of this
legislation.
Mr. Speaker, in recognition of the bipartisan support for this bill,
I request that all my colleagues vote in support of this important
effort.
Mr. RESCHENTHALER. Mr. Speaker, in closing, while I support this
bill, I think Congress must do more to secure our borders.
Mr. Speaker, I yield back the balance of my time.
Ms. SCANLON. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, the assistance provided by this bill will help bring
peace of mind to the families of missing persons by taking meaningful
steps to improve the identification of remains.
I applaud the bipartisan and bicameral support for this bill. I thank
Representatives Gonzalez and Hurd for their efforts in the House, as
well as Senators Cornyn and Harris for championing the bill in the
Senate.
Mr. Speaker, I urge my colleagues to join me in support of this bill
today, and I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, as a senior member of the Judiciary,
Committee and a member representing a state on the nation's southern
border, I rise in strong support of S. 2174, the ``Missing Persons and
Unidentified Remains Act of 2019,'' sponsored by the senior senator
from Texas, Sen. Cornyn, and Sen. Kamala Harris, the next Vice-
President of the United States and the first woman and person of color
to win election to that high office.
I support the Missing Persons and Unidentified Remains Act because it
is bipartisan legislation that will help prevent migrant deaths on the
Southwest border and will help border counties and nonprofit
organizations locate and identify missing migrants.
Mr. Speaker, migrants seeking a better and safer life in the United
States who attempt to cross the U.S.-Mexico border between ports of
entry are often faced with difficult terrain and extremely dangerous
conditions.
The temperature in barren border sections of Arizona's Sonoran
Desert, for example, can reach over 104 degrees Fahrenheit in the
summer and drop to below freezing in the winter.
Since 1998, the U.S. Border Patrol has reported 7,505 migrant deaths
on the border, most due to dehydration, drowning, and exposure to
extreme heat or cold.
For more than two decades, over one migrant a day has died while
attempting to enter without authorization, a misdemeanor offense under
Federal law.
The actual number dead is likely much higher than that, as the
statistics only report those who have been positively identified by
border patrol agents.
The bodies of migrants tragically lost during attempted border
crossings become increasingly difficult to identify after exposure to
the desert for prolonged periods.
The continuing loss of life on the border is unacceptable and
allowing many of the dead to remain unidentified is inhumane, families
of border crossers unsure of their loved ones' fate and depriving them
of the opportunity unable to say goodbye.
The legislation before us would create grants for humanitarian and
state actors to report and identify missing persons and unidentified
remains, including migrant border crossers.
The bill also provides resources for rescue beacons, which have been
used effectively to rescue migrants who are in danger.
Mr. Speaker, the Missing Persons and Unidentified Remains Act would
authorize the Attorney General to provide grants to various entities to
report, process, and identify missing persons and unidentified remains.
Entities eligible for the grants would include state and local
governments, humanitarian aid groups, nonprofit organizations,
forensics and toxicology laboratories, and medical examiners' offices.
This funding will improve reporting of missing persons to the
Combined DNA Index System (CODIS) and the National Missing and
Unidentified Persons System (NamUs), databases used to identify border
crossers who have lost their lives.
Additionally, the legislation authorizes the purchase and
implementation of up to 170 self-powered ``rescue beacons'' in isolated
border regions to prevent further migrant deaths.
Rescue beacons are tools used by U.S. Border Patrol in desolate
border areas to rescue migrants in distress.
They are 30 to 40 feet tall, solar-powered, and satellite-connected.
They are equipped with a 9-1-1 cellular relay, a strobe light, and a
multilingual instructional placard to help migrants alert border patrol
personnel to a distress call.
Not long ago, on Christmas Eve, 2017, a distress call from a rescue
beacon allowed border patrol agents to rescue a migrant family near
Lukeville, Arizona, representing three of hundreds of lives that have
been saved by the beacons since they were first implemented in the late
1990s.
As of November 12, 2019, there were 34 rescue beacons situated in
desolate border areas; this bill would increase the total number of
beacons by 600 percent.
The bill clarifies privacy protections concerning the use of
biometric data in the reporting and identification of missing persons
and unidentified remains and provides that any piece of biometric
evidence handled by an entity receiving grant funding be used for the
sole purpose of identifying missing persons and unidentified remains.
Finally, S. 2174 requires the Attorney General, Customs and Border
Protection (CBP), and the Government Accountability Office (GAO) each
to submit annual reports on use of grant funding and on programs
implemented to save migrant lives and identify the dead.
Mr. Speaker, the Missing Persons and Unidentified Remains Act would
make an immediate impact, both by saving lives on the border and by
allowing the families of those who have lost loved ones to gain
closure.
I strongly support this bipartisan, common-sense reform that would
enable the United States to lessen the loss of life on our southern
border and treat those dying or crossing between ports of entry with
dignity and humanity.
I urge all Members to join me in voting to pass S. 2174, the Missing
Persons and Unidentified Remains Act of 2019.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Pennsylvania (Ms. Scanlon) that the House suspend the
rules and pass the bill, S. 2174, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``A bill to the
extent provided in advance in appropriations Act, the Attorney General
is authorized to use funds appropriated for the operationalization,
maintenance, and expansion of the National Missing and Unidentified
Persons System (NamUs) for the purpose of carrying out this Act''.
A motion to reconsider was laid on the table.
____________________