[Congressional Record Volume 168, Number 194 (Wednesday, December 14, 2022)]
[House]
[Pages H9828-H9831]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HELP FIND THE MISSING ACT
Mr. NADLER. Mr. Speaker, I move to suspend the rules and pass the
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.
The Clerk read the title of the bill.
The text of the bill is 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 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.''.
[[Page H9829]]
(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Nadler) and the gentlewoman from Indiana (Mrs. Spartz) each
will control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. NADLER. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
insert extraneous material on S. 5230.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
Every year in this country over 600,000 Americans go missing. While
many of the missing are fortunate to be found alive and well, tens of
thousands of individuals remain missing for more than 1 year, what many
agencies consider to be cold cases.
It is also estimated that 4,400 unidentified bodies are recovered
each year, with approximately 1,000 of those remaining unidentified,
also becoming cold cases.
The families of those who go missing are forced to endure crushing
uncertainty, not knowing what happened to their loved ones or if they
will ever return. But they also face systemic challenges in helping law
enforcement locate the missing or match them to unidentified remains so
that they can at least have some semblance of closure.
The Help Find the Missing Act, or Billy's Law, is bipartisan
legislation that will help address this crisis by closing loopholes in
our Nation's missing person databases by streamlining the reporting
process and ensuring that law enforcement databases are more
comprehensive and accessible.
The bill is named after Billy Smolinski of Waterbury, Connecticut,
who went missing in 2004 at the age of 31, and whose family ran into
countless obstacles as they attempted to help law enforcement in the
search, including that Federal law does not mandate the reporting of
missing adults or unidentified bodies.
This problem is compounded by the fact that local law enforcement
agencies, medical examiners, and coroners often lack the resources and
training to report these cases to the appropriate national authorities.
When cases of missing persons or unidentified remains are reported, the
number of separate and uncoordinated Federal,
[[Page H9830]]
State, and local databases makes it extremely difficult to find the
missing or match them with recovered remains.
Billy's Law will address these challenges by authorizing and ensuring
funding for the Department of Justice to continue to maintain the
National Missing and Unidentified Persons System, or NamUs, which is
the national clearinghouse and resource center for missing,
unidentified, and unclaimed persons. It provides an online database
that is accessible to law enforcement and the public, and to which the
public can contribute.
NamUs also provides free forensic services to aid in the
identification of missing persons and unidentified remains;
investigative support to law enforcement agencies; technical assistance
to families of missing persons; and its subject matter experts train
State and local service providers to support individuals and families
impacted by the disappearance of a loved one.
Critically, Billy's Law would require data sharing between NamUs and
the FBI's National Crime Information Center, or NCIC, in order to
create more comprehensive databases of missing persons and unidentified
remains and streamline the reporting process for State, local, and
Tribal law enforcement. It would also amend current law to require that
missing children be reported to NamUs as well as to NCIC, and it would
require the reporting of information on every unidentified deceased
person, regardless of age.
In addition, the bill would require the Attorney General to issue
guidelines and best practices to law enforcement, medical examiners,
and coroners on handling cases involving missing persons or
unidentified remains.
We must do everything possible to ensure that we have a comprehensive
and coordinated missing persons reporting and investigation system that
works so that we can provide resolution to the families of those whose
loved ones disappear.
I thank Senator Chris Murphy for his yearslong effort to pass Billy's
Law, and I thank Representative Jahana Hayes for introducing the House
companion bill.
Mr. Speaker, I urge all of my colleagues to support this bill, and I
reserve the balance of my time.
Mrs. SPARTZ. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, S. 5230, the Help Find the Missing Act, authorizes the
National Missing and Unidentified Persons System.
The National Missing and Unidentified Persons System was created by
the Department of Justice 15 years ago to provide a missing persons and
unidentified remains database that the public can contribute to and
access.
S. 5230 would connect the National Missing and Unidentified Persons
System with the FBI's National Crime Information Center, which would
create more comprehensive missing persons and unidentified remains
databases. This would allow for a more streamlined reporting process
for law enforcement.
This bill would also require missing children be reported to the
National Missing and Unidentified Persons System. Currently, missing
children are only required to be reported to the National Crime
Information Center.
Finally, the bill would require the Department of Justice to issue
guidelines and best practices on handling missing persons and
unidentified remains cases for law enforcement, medical examiners, and
coroners to find the missing.
Mr. Speaker, I reserve the balance of my time.
Mr. NADLER. Mr. Speaker, I yield 4 minutes to the distinguished
gentlewoman from Connecticut (Mrs. Hayes), a sponsor of the bill.
Mrs. HAYES. Mr. Speaker, I rise in support of S. 5230, the Help Find
the Missing Act, also known as Billy's Law. I thank Senator Murphy for
his leadership on this bill, and I am honored to introduce it in
the House.
This bill is named for Billy Smolinski. Billy went missing from my
hometown of Waterbury, Connecticut, on August 24, 2004, nearly 20 years
ago.
Unlike with missing children, Federal law does not require law
enforcement to report missing adults or unidentified bodies. Without
it, families are left to unravel the mystery of what happened to their
loved ones without any support. The Smolinski family was left to
navigate a complicated and disjointed system.
In the absence of a vigorous and sustained effort to solve the crime,
the family created a personal tip line, placed billboards on highways
that I drove by every day for many years, and worked closely with a
private investigator.
When Bill and Janice Smolinski received tips, they would organize
search parties, which worked with rescue teams and brought in highly
trained cadaver dogs to sniff the woods in search of their son.
Each year, nearly half a million people go missing, and sadly, many
of them will never see their loved ones again. Yet, over 40,000 sets of
unidentified human remains are either held at coroners' offices or
disposed of after going unclaimed.
Due to gaps in missing persons databases, missing persons and
unidentified remains are rarely matched. Billy's Law will fix this
critical gap by directing the Department of Justice to continually
operate NamUs, the National Missing and Unidentified Persons System,
and connect it to the FBI's National Crime Information Center. It will
also provide guidelines for local law enforcement agencies, medical
examiners, and coroners on how to best handle missing person cases.
This bill has the support of the National Fraternal Order of Police
and the Consortium of Forensic Science Organizations, as well as both
the Smolinski family and the family of Gabby Petito.
This bill will also help to bring home the missing, many whose names
never make headlines or who are never talked about in the media, and
offer closure to the families of those who will never make it home.
Mr. Speaker, I urge my colleagues to vote ``yes'' on this bipartisan,
commonsense legislation to deliver justice to countless families.
Mrs. SPARTZ. Mr. Speaker, I yield back the balance of my time.
Mr. NADLER. Mr. Speaker, the families and loved ones of those who
have gone missing spend every day desperately searching for answers and
for help. Billy's Law provides critical tools to help them find
answers, coordinating our Nation's multiple missing persons databases,
increasing reporting requirements, and providing training and resources
to the myriad agencies that investigate these cases, while supporting
the victims' families.
Mr. Speaker, I urge all of my colleagues to join me in support of
this crucial bipartisan legislation, and I yield back the balance of my
time.
Ms. JACKSON LEE. Mr. Speaker, I rise in support of S. 5230, the
``Help Find the Missing Act,'' also known as ``Billy's Law.''
This bipartisan legislation would fix the gaps in our Nation's
databases of missing persons and unidentified remains, providing much-
needed closure to the thousands of families who have endured the trauma
of losing someone they love.
Each year more than 600,000 Americans are reported missing. While
many are ultimately found, at least 22,000 Americans are currently
missing, and the remains of over 14,000 individuals have been recovered
but not identified.
My own State of Texas has been hit particularly hard by the crisis of
missing persons, as we have more than 2,200 open cases--second only to
California--and three Texas cities rank among the top 10 cities with
the highest number of missing persons.
The pain that families experience when one of their loved one goes
missing is unimaginable. It is not merely a loss; it is a loss
accompanied by terror, uncertainty, and endless questions that are
rarely answered. We can, and we must, do more to help find the missing;
to save who we can; and to provide assistance to the families of those
who we cannot find or save.
Billy's Law would help us find more of our missing Americans by
ensuring that the Department of Justice continues to maintain the
National Missing Persons and Unidentified Persons System, or ``NamUs.''
In addition to providing a database of missing persons, NamUs
provides a variety of critical support services to law enforcement,
medical examiners, and families of those who have gone missing.
But not all missing persons and unidentified remains are required to
be reported to NamUs. That is why Billy's Law is so critical.
Rather than having a multitude of unconnected missing person
databases that cannot communicate with each other, Billy's Law would
link NamUs with the FBI's National
[[Page H9831]]
Criminal Information Center (NCIC) database, creating more complete,
comprehensive databases and streamlining the reporting process.
The bill would also require the Attorney General to issue guidelines
and best practices to the agencies that handle cases involving missing
persons or unidentified remains.
Lastly, Billy's Law would expand current law to require that missing
children be reported to NamUs, in addition to NCIC, and it will require
the reporting of information on every unidentified deceased person,
adults and children alike.
My State of Texas passed similar legislation just last year,
requiring law enforcement agencies and medical examiners to use NamUs
to solve missing and unidentified persons cases.
But while I am proud of the steps my State has taken, this is a
national problem that demands a national solution. Billy's Law is that
solution.
As a testament to the value of this bipartisan legislation, it is
supported by numerous law enforcement and forensic specialist
organizations, including the National Association of Police
Organizations, the Fraternal Order of Police, The American Academy of
Forensic Sciences, and the National Association of Medical Examiners.
I commend Senator Murphy for his years of dedication to Billy's Law
and missing persons across the country, and I thank Representative
Hayes for her work on this issue as well. I urge my colleagues to
support this significant bipartisan legislation.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Nadler) that the House suspend the rules
and pass the bill, S. 5230.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. PERRY. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________