[Congressional Record Volume 168, Number 191 (Thursday, December 8, 2022)]
[Senate]
[Pages S7080-S7081]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       HELP FIND THE MISSING ACT

  The PRESIDING OFFICER. Mr. President, I ask unanimous consent that 
the Senate proceed to the immediate consideration of S. 5230, which was 
introduced earlier today by Senator Murphy.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 5230) to 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, and for other purposes.



 =========================== NOTE =========================== 

  
  On page S7080, December 8, 2022, second column, the following 
appears: A bill (S. 5230) to increase accessibility to the 
National Missing and Unidentified Person System, to facilitate 
data sharing between such system and the National Crime 
Information Center database of the Federal Bureau of 
Investigation, and for other purposes.
  
  The online Record has been corrected to read: A bill (S. 5230) 
to 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, and for other purposes.


 ========================= END NOTE ========================= 


  There being no objection, the Senate proceeded to consider the bill.
  Mr. CARDIN. Mr. President, I further ask that the bill be considered 
read three times and passed and the motion to reconsider be considered 
made and laid upon the table with no intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 5230) was ordered to be engrossed for a third reading, 
was read the third time, and passed as follows:

                                S. 5230

       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) 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.
       (c) 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

[[Page S7081]]

     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. 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. 5. 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 the process 
     of information sharing between the NCIC database and NamUs 
     databases.

     SEC. 6. 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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