[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5519 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5519
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 17, 2014
Mr. Poe of Texas (for himself and Ms. Esty) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
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.
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, 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 not more than a total of
$2,400,000 for each of the fiscal years 2015 through 2020.
Notwithstanding any other provision of law, the total amount of Federal
funds made available for any of the fiscal years 2015 through 2020 to
maintain NamUs may not exceed the amount described in the previous
sentence.
SEC. 3. GAO REPORT ON INFORMATION SHARING BETWEEN NCIC AND NAMUS.
(a) Study.--The Comptroller General of the United States shall
conduct a study on--
(1) how to better integrate the national missing persons
databases, including the NamUs databases and the NCIC database;
(2) any technical challenges that may exist in integrating
the databases described in paragraph (1); and
(3) practices, procedures, or technologies that would
assist States, local law enforcement agencies, medical
examiners, and coroners in reporting missing persons and
unidentified remains to the NamUs databases and the NCIC
database.
(b) Report.--Not later than 6 months after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
the Attorney General and to the Committee on the Judiciary of the House
of Representatives and the Committee on the Judiciary of the Senate a
report on the study conducted under subsection (a).
SEC. 4. 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 to be
transmitted to, entered in, and otherwise shared with the NamUs
databases 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 18 months after the date on
which the GAO report is submitted, 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 provide from the NCIC
files 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 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 described 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 18 months after the date
the GAO report is submitted, 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 be submitted
to and entered into the NamUs databases.
(2) NCIC format.--In the case of the NCIC database, an
update described in paragraph (1) shall include 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.
(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 4 (including rules promulgated pursuant
to section 4(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 8 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 8 of the Help Find the Missing Act)'';
(B) in paragraph (3), in the undesignated matter
following subparagraph (C), by inserting after
``receive such reports'' the following: ``and is
entered within 60 days of receipt in 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).
(e) Authorized Agencies Authority To Override Information.--An
authorized agency may remove or override information (or portions of
information) from the NamUs database, and correspondingly from the NCIC
database if the information was transferred from the NamUs database
under this Act, if such information is submitted on behalf of a public
user and such information is deemed by the authorized agency to be
inaccurate.
SEC. 5. 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, 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.--
(1) In general.--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--
(A) 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--
(i) 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
(ii) in the case of unidentified remains,
at least the minimum information described in
subsection (f)(2); and
(B) 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--
(i) information on the extent to which DNA
samples are available, including the
availability of DNA identification records
information submitted to the National DNA Index
System under subparagraph (C);
(ii) fingerprints, medical and dental
records, and photographs of any distinguishing
characteristics such as scars, marks, tattoos,
piercings, and other unique physical
characteristics;
(iii) 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
(iv) any other information determined to be
appropriate by the Attorney General; and
(C) 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 FBI,
established pursuant to section 210304(a) of the
Violent Crime Control and Law Enforcement Act of 1994
(42 U.S.C. 14132(a)), either directly or through use of
NamUs victims assistance resources and DNA collection
services, DNA identification records information
relating to such case in accordance with section
210304(b) of such Act (42 U.S.C. 14132(b)) and the
National DNA Index System acceptance standards.
(2) Sharing of information.--For purposes of subparagraph
(B), in the case of information a grant recipient authorizes to
be transferred, entered, or shared under section 4 between the
NCIC database and NamUs databases, any update to such
information shall be made with respect to both databases unless
specified otherwise by the recipient.
(c) Submission of Reports.--To satisfy subsection (b)(1)(A), 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 4, 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
identification records information are available,
including the availability of such samples submitted to
the National DNA Index System under subsection
(b)(1)(C).
(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 4(b)(1)(A).
(i) Annual Summary.--For each of the fiscal years 2015 through
2020, 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) Funding.--
(1) Matching requirement.--The Attorney General may not
make a grant under subsection (a) unless the applicant involved
agrees, with respect to the costs to be incurred by the
applicant in carrying out the purposes described in this
section, to make available non-Federal contributions (in cash
or in kind) toward such costs in an amount equal to not less
than $1 for each $2 of Federal funds provided in the grant.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $8,000,000 for
each of the fiscal years 2015 through 2020.
SEC. 6. REPORT ON BEST PRACTICES.
Not later than 18 months after the date on which the GAO report is
submitted, 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. 7. REPORT TO CONGRESS.
(a) In General.--Not later than 18 months after the date on which
the GAO report is submitted, 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 5.
SEC. 8. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(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 for purposes of subpart A of part 20 of
title 28, Code of Federal Regulations.
(2) GAO report.--The term ``GAO report'' means the report
required under section 3(b).
(3) FBI.--The term ``FBI'' means the Federal Bureau of
Investigation.
(4) 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.
(5) 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.
(6) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands.
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