[House Report 111-416]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-416

======================================================================



 
                HELP FIND THE MISSING ACT OR BILLY'S LAW

                                _______
                                

 February 22, 2010.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

    Mr. Conyers, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3695]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 3695) 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, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     2
Purpose and Summary..............................................     6
Background and Need for the Legislation..........................     6
Hearings.........................................................     7
Committee Consideration..........................................     8
Vote of the Committee............................................     8
Committee Oversight Findings.....................................     8
New Budget Authority and Tax Expenditures........................     8
Congressional Budget Office Cost Estimate........................     8
Performance Goals and Objectives.................................    10
Constitutional Authority Statement...............................    10
Advisory on Earmarks.............................................    11
Section-by-Section Analysis......................................    11
Agency Views.....................................................    13
Changes in Existing Law Made by the Bill, as Reported............    15

                             The Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Help Find the Missing Act'' or 
``Billy's Law''.

SEC. 2. AUTHORIZATION OF THE NATIONAL MISSING AND UNIDENTIFIED PERSONS 
                    SYSTEM.

  (a) In General.--The Attorney General, through the Director of the 
National Institute of Justice, is authorized to maintain public 
databases, known as the ``National Missing and Unidentified Persons 
System'' or ``NamUs'', to contain missing persons records and 
unidentified remains cases for purposes of assisting to identify 
missing people and solve cases of unidentified human remains. All 
functions, personnel, assets, liabilities, and administrative actions 
applicable to the National Missing and Unidentified Persons System 
carried out by the National Institute of Justice on the date before the 
date of the enactment of this Act shall be transferred to the National 
Missing and Unidentified Persons System authorized under this section 
as of the date of the enactment of this Act.
  (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,400,000 for each of the 
fiscal years 2011 through 2016.

SEC. 3. SHARING OF INFORMATION BETWEEN NCIC AND NAMUS.

  (a) Sharing of Information.--Not later than the end of the 30-day 
period beginning on the date the online data entry format is updated 
under subsection (c), the Attorney General shall, in accordance with 
this section, provide for information on missing persons and 
unidentified human remains contained in the NCIC database (as defined 
in section 7) to be transmitted to, entered in, and otherwise shared 
with the NamUs databases (as defined in such section) and for such 
information contained in the NamUs databases to be transmitted to, 
entered in, and otherwise shared with the NCIC database.
  (b) Rules on Confidentiality.--
          (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Attorney General, in 
        consultation with the Director of the Federal Bureau of 
        Investigation (in this Act referred to as the ``FBI''), shall 
        promulgate rules pursuant to notice and comment that specify 
        the information the Attorney General may provide from the NCIC 
        files to the NamUs databases for purposes of this Act. Such 
        rules shall--
                  (A) provide for the protection of law enforcement 
                sensitive, confidential, and private information 
                contained in the NCIC files;
                  (B) be promulgated only after the Director approves 
                recommendations by the Advisory Policy Board of the 
                Criminal Justice Information Services Division of the 
                FBI;
                  (C) specify the circumstances in which portions of 
                information may be withheld from transfer, entry, or 
                sharing from the NCIC database to the NamUs databases; 
                and
                  (D) provide that once an authorized agency provides 
                an authorization to permit the transmission, entering, 
                or sharing of information (or portions of information) 
                from the NCIC database to the NamUs databases, such 
                authorization shall be deemed to apply to any updates 
                made to such information, unless otherwise specified by 
                the agency.
          (2) Submissions prior to online data entry format update.--
        With respect to information submitted to the NCIC database 
        before the end of the 30-day period specified in subsection 
        (a), the Attorney General may solicit from appropriate 
        authorized agencies authorization to transmit, enter, or share 
        such information.
  (c) Updates.--
          (1) In general.--Not later than 1 year after the date of the 
        enactment of this Act, the Attorney General shall update the 
        online data entry format for the NCIC database and NamUs 
        databases to provide State criminal justice agencies, offices 
        of medical examiners, and offices of coroners with the option 
        to authorize the submission of new information and data that is 
        reported to and entered into the NCIC database to 
        simultaneously be submitted to and entered into the NamUs 
        databases.
          (2) NCIC format.--
                  (A) In general.--In the case of the NCIC database, an 
                update described in paragraph (1) shall include--
                          (i) an update to the NCIC database online 
                        data entry format that States use in submitting 
                        missing persons and unidentified remains 
                        reports, including the addition of a new data 
                        field allowing States, on behalf of the 
                        authorized agency that originally submitted the 
                        data, to select whether or not to have the NCIC 
                        report, subject to the rules promulgated under 
                        subsection (b), shared with the NamUs 
                        databases; and
                          (ii) subject to subparagraph (B), a 
                        requirement that as a condition of 
                        participating in the NCIC database, States must 
                        update their missing persons and unidentified 
                        remains collection processes from local and 
                        tribal law enforcement, medical examiners, and 
                        coroners to enable the States to acquire 
                        information on whether or not the authorized 
                        agencies originally submitting data with 
                        respect to a missing person or unidentified 
                        remains have provided authorization to share 
                        the information with the NamUs databases.
                  (B) Exception.--Subparagraph (A)(ii) shall not apply 
                with respect to any State that has in effect a State 
                law providing for a methodology to authorize the 
                sharing of information between the NCIC database and 
                NamUs databases.
  (d) Amendments to Title XXXVII of the Crime Control Act of 1990 to 
Require Reports of Missing Children to NamUs.--
          (1) Reporting requirement.--Section 3701(a) of title XXXVII 
        of the Crime Control Act of 1990 (42 U.S.C. 5779(a)) is amended 
        by striking the period and inserting the following: ``and, 
        consistent with section 3 (including rules promulgated pursuant 
        to section 3(b)) of the Help Find the Missing Act, shall also 
        report such case, either directly or through authorization 
        described in such section to transmit, enter, or share 
        information on such case, to the NamUs databases (as defined in 
        section 7 of such Act).''.
          (2) State requirements.--Section 3702 of title XXXVII of the 
        Crime Control Act of 1990 (42 U.S.C. 5780) is amended--
                  (A) in paragraph (2), by striking ``or the National 
                Crime Information Center computer database'' and 
                inserting ``, the National Crime Information Center 
                computer database, or the NamUs databases (as defined 
                in section 7 of the Help Find the Missing Act)'';
                  (B) in paragraph (3), by striking ``and the National 
                Crime Information Center computer networks'' and 
                inserting ``, the National Crime Information Center 
                computer networks, and the NamUs databases (as so 
                defined)''; and
                  (C) in paragraph (4)--
                          (i) in the matter preceding subparagraph (A), 
                        by inserting ``or the NamUs databases'' after 
                        ``National Crime Information Center''; and
                          (ii) in subparagraph (A), by striking ``and 
                        National Crime Information Center computer 
                        networks'' and inserting ``, National Crime 
                        Information Center computer networks, and the 
                        NamUs databases''.
          (3) Effective date.--The amendments made by this subsection 
        shall apply with respect to reports made before, on, or after 
        the date of the enactment of this Act beginning on the last day 
        of the 30-day period described in subsection (a).

SEC. 4. INCENTIVE GRANTS PROGRAM.

  (a) Establishment.--Not later than one year after the date of 
enactment of this Act, the Attorney General shall establish a program 
to provide grants to qualifying law enforcement agencies (as defined in 
subsection (j)), offices of coroners, offices of medical examiners, and 
other authorized agencies to facilitate the process of reporting 
information regarding missing persons and unidentified remains to the 
NCIC database and NamUs databases for purposes of assisting in locating 
such missing persons and identifying such remains.
  (b) Requirements.--As a condition of a grant under this section, a 
grant recipient shall, with respect to each case reported to the agency 
or office of the recipient relating to a missing person described in a 
category under subsection (e) or relating to unidentified remains--
          (1) not later than 72 hours after such case is reported to 
        the agency or office and consistent with subsection (c), submit 
        to the NCIC database and NamUs databases--
                  (A) in the case of a missing person described in a 
                category under subsection (e), at least the minimum 
                information described in subsection (f)(1); and
                  (B) in the case of unidentified remains, at least the 
                minimum information described in subsection (f)(2); and
          (2) not later than 60 days after the original entry of the 
        report, verify and update any original report entered into the 
        State law enforcement system, the NCIC database, or NamUs 
        databases after receipt of the grant with any additional 
        information, including, to the greatest extent possible--
                  (A) information on the extent to which DNA samples 
                are available, including the availability of such 
                samples submitted to the National DNA Index System 
                under subsection (b)(3);
                  (B) fingerprints, medical and dental records, and 
                photographs of any distinguishing characteristics such 
                as scars, marks, tattoos, piercings, and other unique 
                physical characteristics;
                  (C) in the case of unidentified remains, photographs 
                or digital images that may assist in identifying the 
                decedent, including fingerprint cards, radiographs, 
                palmprints, and distinctive features of the decedent's 
                personal effects; and
                  (D) any other information determined to be 
                appropriate by the Attorney General; and
          (3) not later than 60 days after the original entry of the 
        report, to the greatest extent possible, submit to the National 
        DNA Index System of the Federal Bureau of Investigation, 
        established pursuant to section 210304 of the Violent Crime 
        Control and Law Enforcement Act of 1994, (either directly or 
        through use of NamUs victims assistance resources and DNA 
        collection services) DNA samples and information relating to 
        such case.
For purposes of paragraph (2), in the case of information a grant 
recipient authorizes to be transferred, entered, or shared under 
section 3 between the NCIC database and NamUs databases, any update to 
such information shall be simultaneously made with respect to both 
databases unless specified otherwise by the recipient.
  (c) Submission of Reports.--To satisfy subsection (b)(1), a recipient 
of a grant under this section shall submit information required under 
such subsection--
          (1) separately to the NCIC database and NamUs databases; or
          (2) in accordance with section 3, simultaneously to the NamUs 
        databases when reporting to the NCIC database or to the NCIC 
        database when reporting to the NamUs databases.
  (d) Permissible Use of Funds.--
          (1) In general.--The permissible uses of grants awarded under 
        this section include the use of funds--
                  (A) to hire additional personnel, to acquire 
                technology to facilitate timely data entry into the 
                relevant databases;
                  (B) to conduct contracting activities relevant to 
                outsourcing the processing of unidentified remains and 
                the reporting of the resulting information to the NCIC 
                database and NamUs databases;
                  (C) to train local law enforcement personnel, medical 
                examiners, and coroners to use the NCIC database and 
                NamUs databases;
                  (D) to assist States' transition into the new system 
                under which information is shared between the NCIC 
                database and NamUs databases; and
                  (E) for other purposes consistent with the goals of 
                this section.
          (2) 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 21 or older who--
                  (A) is senile or is suffering from a proven mental or 
                physical disability, as documented by a source deemed 
                credible to an appropriate law enforcement entity; or
                  (B) is missing under circumstances that indicate, as 
                determined by an appropriate law enforcement entity--
                          (i) that the person's physical safety may be 
                        endangered;
                          (ii) that the disappearance may not have been 
                        voluntary, such as abduction or 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 name, date of birth, city and State of 
                residence, gender, race, height, weight, eye color, and 
                hair color of the missing person.
                  (B) The date and location of the last known contact 
                with the missing person.
                  (C) The category described in subsection (e) in which 
                the missing person is classified.
          (2) Content for unidentified human remains.--The minimum 
        information described in this section, with respect to 
        unidentified human remains, is the following:
                  (A) The estimated age, gender, race, height, weight, 
                hair color, and eye color.
                  (B) Any distinguishing characteristics such as scars, 
                marks, tattoos, piercings, and other unique physical 
                characteristics.
                  (C) A description of clothing found on the decedent.
                  (D) City and State where the unidentified human 
                remains were found.
                  (E) Information on how to contact the law enforcement 
                agency handling the investigation and the unidentified 
                human remains.
                  (F) Information on the extent to which DNA samples 
                are available, including the availability of such 
                samples submitted to the National DNA Index System 
                under subsection (b)(3).
  (g) 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(b)(1).
  (i) Annual Summary.--For each of the fiscal years 2012 through 2015, 
the Attorney General shall publish an annual statistical summary of the 
reports required by subsection (c).
  (j) Qualifying Law Enforcement Agency Defined.--For purposes of this 
Act, the term ``qualifying law enforcement agency'' means a State, 
local, or tribal law enforcement agency.
  (k) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for each of the 
fiscal years 2011 through 2015.

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 medical 
examiners, offices of coroners, and Federal, State, local, and tribal 
law enforcement agencies describing the best practices for the 
collection, reporting, and analysis of data and information on missing 
persons and unidentified human remains. Such best practices shall--
          (1) provide an overview of the NCIC database and NamUs 
        databases;
          (2) describe how local law enforcement agencies, offices of 
        medical examiners, and offices of coroners should access and 
        use the NCIC database and NamUs databases;
          (3) describe the appropriate and inappropriate uses of the 
        NCIC database and NamUs databases; and
          (4) describe the standards and protocols for the collection, 
        reporting, and analysis of data and information on missing 
        persons and unidentified human remains.

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.

  For the purposes of this Act, the following definitions apply:
   (a) 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 for purposes 
of subpart A of part 20 of title 28, Code of Federal Regulations.
  (b) 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.
  (c) 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 Federal Bureau of Investigation, 
established pursuant to section 534 of title 28, United States Code.
  (d) 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.

                          Purpose and Summary

    The purpose of H.R. 3695 is to authorize funding for, and 
increase accessibility to, the National Missing and 
Unidentified Persons System (NamUs), to facilitate data sharing 
between NAMUS and the National Crime Information Center (NCIC) 
database of the Federal Bureau of Investigation (FBI), and to 
provide incentive grants to help facilitate reporting to such 
systems.

                Background and Need for the Legislation

    Every year, tens of thousands of Americans go missing and 
are never found by their loved ones. An estimated 40,000 
unidentified remains are located in medical examiners' and 
coroners' offices, or were buried or cremated before being 
identified. Information about these remains and missing persons 
is often reported to the NCIC database and the NAMUS database. 
These databases however, require adequate funding and better 
facilitation of data sharing.
    The FBI's National Crime Information Center (NCIC) is a 
computerized index of information concerning crimes, criminals, 
missing persons, and unidentified persons. Since 1975, the NCIC 
has maintained records of missing persons (known as the Missing 
Persons File) that are reported to the FBI by federal, State, 
and local law enforcement agencies. The Missing Persons File 
includes information about the gender, race, dental records, 
and other characteristics of the missing individuals. Current 
law requires records of missing children under age 18 to be 
immediately entered into the Missing Persons File, as well as 
information about missing adults aged 18 through 20 years. 
However, law enforcement agencies are not mandated under 
Federal law to submit missing persons records of adults over 
the age of 21 into this database.
    Since 1983, the NCIC has also maintained an Unidentified 
Persons File, which consists of reports of unidentified 
deceased persons, persons who are living but unable to 
determine their identity, and unidentified catastrophe victims. 
Nearly all of the entries in this database are for deceased 
unidentified bodies; they include information about bodies in 
various states, ranging from the recently deceased to skeletal 
remains.
    In 2007, the Justice Department's National Institute of 
Justice (NIJ) established the National Missing and Unidentified 
Persons System (NamUs). This online repository consists of a 
database for missing persons and another for unidentified 
remains. The critical difference between the NamUs databases 
and the NCIC databases is that NCIC information is only 
available to law enforcement agencies, while NamUs information 
is available and searchable online by anyone, most notably the 
families of the missing persons. The public may also contribute 
information to the missing persons portion of NamUs.
    The NamUs Missing Persons Database includes information 
submitted by both law enforcement and members of the public. 
Profiles of missing persons may include photographs and 
information about the circumstances around their disappearance, 
their dental records, DNA, physical appearance, and police 
contact information, among other items. This database allows 
members of the public, law enforcement, coroners, and medical 
examiners to search the database based on these attributes.
    The NamUs Unidentified Remains Database allows law 
enforcement officials, medical examiners, and coroners to 
submit information, including descriptive information about the 
remains. The public may not enter information into this 
database, but may search the files online (although only law 
enforcement officials have access to certain information, such 
as photographs). Website users may search based on factors such 
as where the remains were found, physical characteristics, 
dental information, and distinct body features.
    H.R. 3695 will provide specific authorization for operation 
and funding of the NamUs databases. The Attorney General is 
directed to issue rules providing for and governing the sharing 
of information in the NCIC databases with the NamUs databases, 
and for the submission of new information from State and local 
law enforcement agencies to the NCIC and NamUs databases.
    H.R. 3695 also establishes a grant program for personnel, 
technology, and training to help States submit data to the NCIC 
and NamUs databases. These grants will provide incentives for 
law enforcement agencies, coroners, and medical examiners to 
enter information about missing persons and unidentified 
remains into the databases. Additionally, H.R. 3695, extends 
the reporting requirement, as a condition of receiving grants 
under the bill, to missing adults cases and unidentified 
remains cases.
    To assist those in State and local government, H.R.3695 
also requires the Department of Justice to issue two reports. 
One report will be for law enforcement agencies, coroners, and 
medical examiners concerning best practices for collecting and 
reporting information about missing and unidentified persons. 
The other report, to be submitted to Congress every 2 years, 
will describe the status of the NCIC and NamUs databases.

                                Hearings

    The Committee's Subcommittee on Crime, Terrorism, and 
Homeland Security held 1 day of hearings on H.R. 3695, on 
January 21, 2010. Testimony was received from five witnesses: 
Congressman Christopher Murphy of Connecticut; Congressman Ted 
Poe of Texas; Ms. Janice Smolinski of Cheshire, Connecticut; 
Kristina Rose, Acting Director, National Institute of Justice, 
Office of Justice Programs, United States Department of 
Justice; and Stephen L. Morris, Deputy Assistant Director, 
Criminal Justice Information Services Division, Federal Bureau 
of Investigation.

                        Committee Consideration

    On January 27, 2010, the Committee met in open session and 
ordered the bill, H.R. 3695, favorably reported, with one 
amendment, by a voice vote, a quorum being present.

                         Vote of the Committee

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that there 
were no recorded votes during Committee consideration of H.R. 
3695.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 3965, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, February 5, 2010.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3695, the Help 
Find the Missing Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                      Douglas W. Elmendorf,
                                                  Director.

Enclosure

cc:
        Honorable Lamar S. Smith.
        Ranking Member
H.R. 3695--Help Find the Missing Act.

                                SUMMARY

    H.R. 3695 would authorize the appropriation of $12.4 
million annually over the 2011-2015 period for Department of 
Justice (DOJ) programs and grants to improve the reporting and 
recording of information relating to cases involving missing 
persons and unidentified human remains. In addition, the bill 
would direct DOJ to upgrade certain databases and prepare 
reports relating to collecting and analyzing information on 
missing persons and unidentified human remains.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing H.R. 3695 would cost about $45 
million over the 2011-2015 period. Enacting the bill would not 
affect direct spending or revenues.
    H.R. 3695 would expand an existing intergovernmental 
mandate, as defined in the Unfunded Mandates Reform Act (UMRA), 
that requires State and local law enforcement agencies to share 
and update information about missing persons under the age of 
21. CBO estimates that the costs for those agencies to comply 
with the reporting requirement would be small and well below 
the annual threshold for intergovernmental mandates established 
in UMRA ($70 million in 2010, adjusted annually for inflation).
    This bill contains no private-sector mandates as defined in 
UMRA.

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    The estimated budgetary impact of H.R. 3695 is shown in the 
following table. The costs of this legislation fall within 
budget function 750 (administration of justice).

                                     By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
                                                                     2011   2012   2013   2014   2015  2011-2015
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level                                          13     12     12     12     12        63

Estimated Outlays                                                       5      8     10     11     12        46
----------------------------------------------------------------------------------------------------------------
1Note: Numbers may not sum to totals because of rounding.

                           BASIS OF ESTIMATE

    H.R. 3695 would authorize the appropriation of $2.4 million 
annually over the 2011-2016 period for DOJ to maintain public 
databases containing records relating to cases involving 
missing persons and unidentified human remains. The bill also 
would authorize the appropriation of $10 million annually over 
the 2011-2015 period for DOJ to make grants to law enforcement 
agencies, offices of medical examiners, and other agencies to 
improve the reporting of information relating to cases 
involving missing persons and unidentified human remains.
    In addition, the bill would direct DOJ to share information 
among departmental databases and prepare reports for law 
enforcement agencies relating to collecting and analyzing data 
on missing persons and unidentified human remains. Based on 
information from the department, CBO estimates that it would 
cost about $1 million in 2011 and less than $500,000 annually 
thereafter to carry out those activities.
    For this estimate, CBO assumes that H.R. 3695 will be 
enacted during fiscal year 2010. We assume that the authorized 
and estimated amounts will be appropriated near the start of 
each fiscal year and that spending will follow the historical 
spending patterns for similar activities.

        ESTIMATED IMPACT ON STATE, LOCAL, AND TRIBAL GOVERNMENTS

    H.R. 3695 would expand an existing intergovernmental 
mandate, as defined in UMRA, that requires State and local law 
enforcement agencies to share and update information about 
missing persons under the age of 21. Under current law, those 
entities are required to report that information to a Federal 
database; therefore, CBO estimates that the costs for State and 
local law enforcement agencies to comply with the additional 
reporting requirement would be small and well below the annual 
threshold for intergovernmental mandates established in UMRA 
($70 million in 2010, adjusted annually for inflation).
    The bill would authorize a grant for State and local 
agencies to increase the amount of information about 
unidentified remains and missing adults that is entered into 
the public system. Assuming appropriation of authorized 
amounts, those entities would receive $33 million over the 
2011-2015 period. Any costs to those entities would be incurred 
voluntarily as a condition of Federal assistance.

                 ESTIMATED IMPACT ON THE PRIVATE SECTOR

    H.R. 3695 contains no private-sector mandates as defined in 
UMRA.

                         ESTIMATE PREPARED BY:

Federal Costs: Mark Grabowicz
Impact on State, Local, and Tribal Governments: Melissa Merrell
Impact on the Private Sector: Marin Randall

                         ESTIMATE APPROVED BY:

Theresa Gullo
Deputy Assistant Director for Budget Analysis

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
3695 will strengthen and increase accessibility to Federal 
databases containing information about missing persons and 
unidentified remains.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, section 8, clause 3 of the 
Constitution.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 3695 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.

                      Section-by-Section Analysis

    Section 1. Short Title. This section sets forth the short 
title of the bill as the ``Help Find the Missing Act'' or 
``Billy's Law.''
    Section 2. Authorization of the National Missing and 
Unidentified Persons System (NamUs). This section authorizes 
the Attorney General, through the Director of the National 
Institute of Justice, to maintain the NamUs databases for 
missing persons and unidentified remains, and requires that the 
databases continue to operate as they currently do. The bill 
would authorize $2.4 million for each of FY2011 through FY2016 
to maintain NamUs.
    Section 3. Sharing of Information Between NCIC and NamUs. 
This section requires the Department of Justice, within 1 year 
of enactment, to facilitate the sharing of information between 
the FBI's NCIC Missing Person File and the Unidentified Person 
File with NamUs. The online data entry format must be updated 
to provide State criminal justice agencies, as well as offices 
of medical examiners and coroners, the option to authorize the 
submission of new information and data entered into one 
database to be simultaneously submitted to the other. Within 30 
days after the online data entry format is updated, the 
Department, upon approval of the States, must transmit existing 
data in the NCIC into NamUs, and transmit existing data in 
NamUs into the NCIC. By 1 year after enactment, the Attorney 
General, in consultation with the Director of the FBI, and the 
Criminal Justice Information Services Advisory Policy Board, 
shall promulgate rules specifying what law enforcement-
sensitive or confidential information entered into the NCIC may 
not be shared with NamUs.
    Section 3 also amends the National Child Search Assistance 
Act of 1990 to require that reports of missing children 
(defined currently in law as those individuals under age 21) 
submitted to the NCIC also be submitted to NamUs. These changes 
would apply to all reports, regardless of whether made before 
or after the online data entry format is updated.
    Section 4. Incentive Grants. This section establishes, not 
later than 1 year after enactment, a program within the 
Department of Justice to provide grants to law enforcement 
agencies, medical examiners' and coroners' offices, and State 
criminal justice agencies to facilitate the reporting process 
of missing adults and unidentified remains to the connected 
NCIC/NamUs databases. Grantees must report these cases to the 
connected NCIC/NamUs databases within 72 hours. Not later than 
60 days after the original entry of the report, grantees must, 
to the greatest extent possible, submit DNA samples to the 
National DNA Index System, and provide other information, such 
as dental records or finger prints. This section authorizes $10 
million for each fiscal year 2011 through 2015 to carry out 
this program.
    Section 5. Report on Best Practices. This section requires 
the Attorney General to issue a report within 1 year after the 
bill is enacted to offices of medical examiners; offices of 
coroners; and federal, State, local, and tribal law enforcement 
agencies. The report would describe best practices for 
collecting, reporting, and analyzing data and information on 
missing persons and unidentified remains. The best practices 
would (1) provide an overview of the NCIC and NamUs databases; 
(2) describe how local law enforcement agencies and offices of 
medical examiners and coroners should access and use the 
databases; (3) describe the appropriate and inappropriate uses 
of the databases; and (4) describe the standards and protocols 
for collecting, reporting, and analyzing information on missing 
persons and unidentified remains.
    Section 6. Report to Congress. This section would require 
the Attorney General to issue a report within 1 year after the 
bill is enacted, and biennially thereafter, to the House and 
Senate Judiciary Committees. The report would describe the 
status of the databases, including information on the process 
of sharing between the databases and the programs funded by the 
incentive grant program.
    Section 7. Definitions. This section provides definitions 
for various terms.

                              Agency Views


                               __________

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

CRIME CONTROL ACT OF 1990

           *       *       *       *       *       *       *


       TITLE XXXVII--NATIONAL CHILD SEARCH ASSISTANCE ACT OF 1990

SEC. 3701. REPORTING REQUIREMENT.

  (a) In General.--Each Federal, State, and local law 
enforcement agency shall report each case of a missing child 
under the age of 21 reported to such agency to the National 
Crime Information Center of the Department of Justice[.] and, 
consistent with section 3 (including rules promulgated pursuant 
to section 3(b)) of the Help Find the Missing Act, shall also 
report such case, either directly or through authorization 
described in such section to transmit, enter, or share 
information on such case, to the NamUs databases (as defined in 
section 7 of such Act).

           *       *       *       *       *       *       *


SEC. 3702. STATE REQUIREMENTS.

  Each State reporting under the provisions of this title 
shall--
          (1)  * * *
          (2) ensure that no law enforcement agency within the 
        State establishes or maintains any policy that requires 
        the removal of a missing person entry from its State 
        law enforcement system [or the National Crime 
        Information Center computer database], the National 
        Crime Information Center computer database, or the 
        NamUs databases (as defined in section 7 of the Help 
        Find the Missing Act) based solely on the age of the 
        person; and
          (3) provide that each such report and all necessary 
        and available information, which, with respect to each 
        missing child report, shall include--
                  (A)  * * *

           *       *       *       *       *       *       *

        is entered within 2 hours of receipt into the State law 
        enforcement system [and the National Crime Information 
        Center computer networks], the National Crime 
        Information Center computer networks, and the NamUs 
        databases (as so defined) and made available to the 
        Missing Children Information Clearinghouse within the 
        State or other agency designated within the State to 
        receive such reports; and
          (4) provide that after receiving reports as provided 
        in paragraph (2), the law enforcement agency that 
        entered the report into the National Crime Information 
        Center or the NamUs databases shall--
                  (A) no later than 60 days after the original 
                entry of the record into the State law 
                enforcement system [and National Crime 
                Information Center computer networks], National 
                Crime Information Center computer networks, and 
                the NamUs databases, verify and update such 
                record with any additional information, 
                including, where available, medical and dental 
                records;

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