Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	3,798	n/a	n/a
Reported in House	3,292	46	36%
Engrossed in House	3,019	11	14%
Referred in Senate	2,967	5 Show Changes Hide Changes	6%

Display Version Introduced in House Reported in House Engrossed in House Referred in Senate

HR 3695 EHRFSCommentsClose CommentsPermalink

111th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 3695CommentsClose CommentsPermalink

AN ACTCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Help Find the Missing Act’ or ‘Billy’s Law’.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Rules on Confidentiality-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 1 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--CommentsClose CommentsPermalink





(A) provide for the protection of law enforcement sensitive, confidential, and private information contained in the NCIC files;CommentsClose CommentsPermalink





(B) be promulgated only after the Director approves recommendations by the Advisory Policy Board of the Criminal Justice Information Services Division of the FBI;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Updates-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) NCIC FORMAT-CommentsClose CommentsPermalink





(A) IN GENERAL- In the case of the NCIC database, an update described in paragraph (1) shall include--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Amendments to Title XXXVII of the Crime Control Act of 1990 to Require Reports of Missing Children to NamUs-CommentsClose CommentsPermalink





(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).’.CommentsClose CommentsPermalink





(2) STATE REQUIREMENTS- Section 3702 of title XXXVII of the Crime Control Act of 1990 (42 U.S.C. 5780) is amended--CommentsClose CommentsPermalink





(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)’;CommentsClose CommentsPermalink





(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)’; andCommentsClose CommentsPermalink





(C) in paragraph (4)--CommentsClose CommentsPermalink





(i) in the matter preceding subparagraph (A), by inserting ‘or the NamUs databases’ after ‘National Crime Information Center’; andCommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink

SEC. 4. INCENTIVE GRANTS PROGRAM.

(a) Establishment- Not later than 1 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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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); andCommentsClose CommentsPermalink





(B) in the case of unidentified remains, at least the minimum information described in subsection (f)(2); andCommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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);CommentsClose CommentsPermalink





(B) fingerprints, medical and dental records, and photographs of any distinguishing characteristics such as scars, marks, tattoos, piercings, and other unique physical characteristics;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(D) any other information determined to be appropriate by the Attorney General; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





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.CommentsClose CommentsPermalink





(c) Submission of Reports- To satisfy subsection (b)(1), a recipient of a grant under this section shall submit information required under such subsection--CommentsClose CommentsPermalink





(1) separately to the NCIC database and NamUs databases; orCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Permissible Use of Funds-CommentsClose CommentsPermalink





(1) IN GENERAL- The permissible uses of grants awarded under this section include the use of funds--CommentsClose CommentsPermalink





(A) to hire additional personnel, to acquire technology to facilitate timely data entry into the relevant databases;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(C) to train local law enforcement personnel, medical examiners, and coroners to use the NCIC database and NamUs databases;CommentsClose CommentsPermalink





(D) to assist States’ transition into the new system under which information is shared between the NCIC database and NamUs databases; andCommentsClose CommentsPermalink





(E) for other purposes consistent with the goals of this section.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(e) Categories of Missing Persons- The categories of missing persons described in this subsection are the following:CommentsClose CommentsPermalink





(1) A missing person age 21 or older who--CommentsClose CommentsPermalink





(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; orCommentsClose CommentsPermalink





(B) is missing under circumstances that indicate, as determined by an appropriate law enforcement entity--CommentsClose CommentsPermalink





(i) that the person’s physical safety may be endangered;CommentsClose CommentsPermalink





(ii) that the disappearance may not have been voluntary, such as abduction or kidnapping; orCommentsClose CommentsPermalink





(iii) that the disappearance may have been caused by a natural disaster or catastrophe (such as an airplane crash or terrorist attack).CommentsClose CommentsPermalink





(2) A missing person who does not meet the criteria described in paragraph (1) but who meets one of the following criteria:CommentsClose CommentsPermalink





(A) There is a reasonable concern, as determined by an appropriate law enforcement entity, for the safety of the missing person.CommentsClose CommentsPermalink





(B) The person is under age 21 and emancipated under the laws of the person’s State of residence.CommentsClose CommentsPermalink





(f) Minimum Information Required-CommentsClose CommentsPermalink





(1) CONTENT FOR MISSING PERSONS- The minimum information described in this section, with respect to a missing person, is the following:CommentsClose CommentsPermalink





(A) The name, date of birth, city and State of residence, gender, race, height, weight, eye color, and hair color of the missing person.CommentsClose CommentsPermalink





(B) The date and location of the last known contact with the missing person.CommentsClose CommentsPermalink





(C) The category described in subsection (e) in which the missing person is classified.CommentsClose CommentsPermalink





(2) CONTENT FOR UNIDENTIFIED HUMAN REMAINS- The minimum information described in this section, with respect to unidentified human remains, is the following:CommentsClose CommentsPermalink





(A) The estimated age, gender, race, height, weight, hair color, and eye color.CommentsClose CommentsPermalink





(B) Any distinguishing characteristics such as scars, marks, tattoos, piercings, and other unique physical characteristics.CommentsClose CommentsPermalink





(C) A description of clothing found on the decedent.CommentsClose CommentsPermalink





(D) City and State where the unidentified human remains were found.CommentsClose CommentsPermalink





(E) Information on how to contact the law enforcement agency handling the investigation and the unidentified human remains.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) provide an overview of the NCIC database and NamUs databases;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(3) describe the appropriate and inappropriate uses of the NCIC database and NamUs databases; andCommentsClose CommentsPermalink





(4) describe the standards and protocols for the collection, reporting, and analysis of data and information on missing persons and unidentified human remains.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Contents- The report required by subsection (a) shall describe, to the extent available, information on--CommentsClose CommentsPermalink





(1) the process of information sharing between the NCIC database and NamUs databases; andCommentsClose CommentsPermalink





(2) the programs funded by grants awarded under section 4.CommentsClose CommentsPermalink

SEC. 7. DEFINITIONS.

For the purposes of this Act, the following definitions apply:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

Passed the House of Representatives February 23, 2010.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.

111th CONGRESS

2d Session

H. R. 3695

AN ACT

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 LORRAINE C. MILLER, CommentsClose CommentsPermalink

Clerk.CommentsClose CommentsPermalink