I 

111TH CONGRESS 

1ST SESSION 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. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 1, 2009 

Mr. MURPHY of Connecticut (for himself and Mr. POE of Texas) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Help Find the Missing 

5 Act’’ or ‘‘Billy’s Law’’. 


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1 SEC. 2. FINDINGS. 

2 The Congress finds as follows: 

3 (1) Every year tens of thousands of Americans 

4 go missing, never to be seen by their loved ones 

5 again. 

6 (2) As of 2004, there are an estimated 40,000 

7 sets of unidentified remains that are being held by 

8 medical examiner or coroner offices or disposed of 

9 across the country. 

10 (3) According to the National Institute of Jus11 tice, only 6,000 of such cases of unidentified re12 mains have been entered into the National Crime In13 formation Center’s Unidentified Person File of the 

14 Federal Bureau of Investigation (in this section re15 ferred to as ‘‘NCIC’’). 

16 (4) As of December 31, 2008, there were 

17 102,764 missing persons records active in the NCIC. 

18 (5) The estimated numbers of missing persons 

19 and unidentified human remains in the United 

20 States are not complete because reporting to NCIC 

21 by local law enforcement entities, medical examiner 

22 offices, and coroner offices of information on missing 

23 adults or unidentified decedents is voluntary. 

24 (6) The National Child Search Assistance Act 

25 of 1990 (42 U.S.C. 5779), as amended by Suzanne’s 

26 Law (section 204 of the Prosecutorial Remedies and 


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1 Other Tools to End the Exploitation of Children 

2 Today Act of 2003 (PROTECT Act, Public Law 

3 108–21)) requires Federal, State, and local law en4 forcement agencies to report cases of missing chil5 dren and individuals under the age of 21 to the Na6 tional Crime Information Center (NCIC) Missing 

7 Person File. There is no similar Federal law requir8 ing Federal, State, or local law enforcement agencies 

9 to report missing adults or unidentified decedents 

10 cases. 

11 (7) Law enforcement entities, medical exam12 iners, and coroners need assistance to acquire the 

13 tools to report missing adults and unidentified re14 mains and the purpose of this Act is to provide in15 centive grants to provide such entities with such as16 sistance. 

17 (8) According to a Bureau of Justice and Sta18 tistics special report on its 2004 Census of Medical 

19 Examiner and Coroners’ Offices, 80 percent of sur20 veyed medical examiners offices and coroners offices 

21 reported using the NCIC rarely or never, with in22 creased workload and cost of access as obstacles. 

23 (9) There are many Federal, State, local, and 

24 non-profit databases that can be used to help iden25 tify unidentified remains. However, such databases 


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1 are not connected and most have little or no search 

2 capability and are not able to be viewed or searched 

3 by the public. 

4 (10) The National Missing and Unidentified 

5 Persons System (NamUs) was established in July 

6 2007 by the Department of Justice under the Presi7 dent’s DNA Initiative to provide a missing persons/ 

8 unidentified remains database that the public could 

9 access and to which the public could contribute and 

10 search. NamUs is currently funded by the National 

11 Institute of Justice under the Department of Jus12 tice. 

13 (11) As of September 2009, 42 States, the Dis14 trict of Columbia, and Puerto Rico have medical ex15 aminers, coroners, or both entering cases into the 

16 NamUs unidentified persons system. Forty-five 

17 States have law enforcement officers registered and 

18 using the NamUs missing persons system. All 50 

19 States have missing persons in the NamUs data20 bases. 

21 (12) In 2007 a focus group funded by the Na22 tional Institute of Justice that consisted of national 

23 experts in human identification and technology, 

24 medical examiners and coroners, forensic anthropolo25 gists, odontologists, DNA scientists, death investigaVerDate Nov 24 2008 03:01 Oct 02, 2009 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3695.IH H3695

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1 tors, and technology experts determined three major 

2 areas of needs in the human identification commu3 nity (all of which are identified in this Act), includ4 ing an accessible unidentified decedent database; 

5 best practices guidelines; and technology, training, 

6 and research. 

7 (13) The January 2007 National Institute of 

8 Justice Journal publication, titled ‘‘Missing Persons 

9 and Unidentified Remains: The Nation’s Silent Mass 

10 Disaster’’, identified major gaps in the Nation’s 

11 missing persons system. Such identified gaps, which 

12 this legislation addresses, included the lack of— 

13 (A) reporting of missing adults and un14 identified remains by local law enforcement and 

15 medical examiners and coroners because of in16 sufficient time and resources; 

17 (B) information sharing among Federal 

18 missing persons and unidentified remains data19 bases; 

20 (C) policies to collect DNA samples from 

21 unidentified remains; 

22 (D) resources to perform DNA analysis of 

23 human remains; and 


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1 (E) knowledge among law enforcement 

2 agencies about State missing persons clearing3 houses or the Federal databases. 

4 SEC. 3. AUTHORIZATION OF THE NATIONAL MISSING AND 

5 UNIDENTIFIED PERSONS SYSTEM. 

6 (a) IN GENERAL.—The Attorney General, through 

7 the Director of the National Institute of Justice, is author8 ized to maintain public databases, known as the ‘‘National 

9 Missing and Unidentified Persons System’’ or ‘‘NamUs’’, 

10 to contain missing persons records and unidentified re11 mains cases for purposes of assisting to identify missing 

12 people and solve cases of unidentified human remains. All 

13 functions, personnel, assets, liabilities, and administrative 

14 actions applicable to the National Missing and Unidenti15 fied Persons System carried out by the National Institute 

16 of Justice on the date before the date of the enactment 

17 of this Act shall be transferred to the National Missing 

18 and Unidentified Persons System authorized under this 

19 section as of the date of the enactment of this Act. 

20 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to carry out this section 

22 $2,400,000 for each of the fiscal years 2010 through 

23 2015. 


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1 SEC. 4. SHARING OF INFORMATION BETWEEN NCIC AND 

2 NAMUS. 

3 (a) SHARING OF INFORMATION.—Not later than the 

4 end of the 30-day period beginning on the date the online 

5 data entry format is updated under subsection (c), the At6 torney General shall, in accordance with this section, pro7 vide for information on missing persons and unidentified 

8 human remains contained in the NCIC database (as de9 fined in section 8) to be transmitted to, entered in, and 

10 otherwise shared with the NamUs databases (as defined 

11 in such section) and for such information contained in the 

12 NamUs databases to be transmitted to, entered in, and 

13 otherwise shared with the NCIC database. 

14 (b) RULES ON CONFIDENTIALITY.— 

15 (1) IN GENERAL.—Not later than one year 

16 after the date of the enactment of this Act, the At17 torney General, in consultation with the Director of 

18 the Federal Bureau of Investigation (in this Act re19 ferred to as the ‘‘FBI’’), shall promulgate rules pur20 suant to notice and comment that specify the infor21 mation the Attorney General may provide from the 

22 NCIC files to the NamUs databases for purposes of 

23 this Act. Such rules shall— 

24 (A) provide for the protection of law en25 forcement sensitive, confidential, and private in26 formation contained in the NCIC files; 


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1 (B) be promulgated only after the Director 

2 approves recommendations by the Advisory Pol3 icy Board of the Criminal Justice Information 

4 Services Division of the FBI; and 

5 (C) not permit the transmission, entry, or 

6 sharing of information (or portions of informa7 tion) from the NCIC database to the NamUs 

8 databases unless the authorized agency, with 

9 respect to the information submitted to the 

10 NCIC database, submits to the Attorney Gen11 eral written authorization to so transmit, enter, 

12 or share, respectively, such information (or por13 tion of information). 

14 (2) SPECIFICS.—In promulgating rules with re15 spect to paragraph (1)(C), the Attorney General— 

16 (A) shall specify the circumstances in 

17 which portions of information may be withheld 

18 from transfer, entry, or sharing from the NCIC 

19 database to the NamUs databases; 

20 (B) shall provide that once the authorized 

21 agency described in paragraph (1)(C) provides 

22 an authorization under such paragraph with re23 spect to information, such authorization shall 

24 be deemed to apply to any updates made to 


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1 such information, unless otherwise specified by 

2 the agency; and 

3 (C) with respect to information submitted 

4 to the NCIC database before the end of the 30- 

5 day period specified in subsection (a), may so6 licit from appropriate authorized agencies au7 thorization described in such paragraph to 

8 transmit, enter, or share such information. 

9 (c) UPDATES.— 

10 (1) IN GENERAL.—Not later than 1 year after 

11 the date of the enactment of this Act, the Attorney 

12 General shall update the online data entry format 

13 for the NCIC database and NamUs databases to 

14 provide State criminal justice agencies, offices of 

15 medical examiners, and offices of coroners with the 

16 option to authorize the submission of new informa17 tion and data that is reported to and entered into 

18 the NCIC database to simultaneously be submitted 

19 to and entered into the NamUs databases. 

20 (2) NCIC FORMAT.— 

21 (A) IN GENERAL.—In the case of the 

22 NCIC database, an update described in para23 graph (1) shall include— 

24 (i) an update to the NCIC database 

25 online data entry format that States use in 


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1 submitting missing persons and unidenti2 fied remains reports, including the addition 

3 of a new data field allowing States, on be4 half of the authorized agency that origi5 nally submitted the data, to select whether 

6 or not to have the NCIC report, subject to 

7 the rules promulgated under subsection 

8 (b), shared with the NamUs databases; 

9 and 

10 (ii) subject to subparagraph (B), a re11 quirement that as a condition of partici12 pating in the NCIC database, States must 

13 update their missing persons and unidenti14 fied remains collection processes from local 

15 and tribal law enforcement, medical exam16 iners, and coroners to enable the States to 

17 acquire information on whether or not the 

18 authorized agencies originally submitting 

19 data with respect to a missing person or 

20 unidentified remains has provided author21 ization to share the information with the 

22 NamUs databases. 

23 (B) EXCEPTION.—Subparagraph (A)(ii) 

24 shall not apply with respect to any State that 

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1 odology to authorize the sharing of information 

2 between the NCIC database and NamUs data3 bases. 

4 (d) AMENDMENTS TO THE NATIONAL CHILD SEARCH

5 ASSISTANCE ACT OF 1990 TO REQUIRE REPORTS OF

6 MISSING CHILDREN TO NAMUS.— 

7 (1) REPORTING REQUIREMENT.—Section 

8 3701(a) of the National Child Search Assistance Act 

9 of 1990 (42 U.S.C. 5779) is amended by striking 

10 the period and inserting the following: ‘‘and, con11 sistent with section 4 (including rules promulgated 

12 pursuant to section 4(b)) of the Help Find the Miss13 ing Act, shall also report such case, either directly 

14 or through authorization described in such section to 

15 transmit, enter, or share information on such case, 

16 to the NamUs databases (as defined in section 8 of 

17 such Act).’’. 

18 (2) STATE REQUIREMENTS.—Section 3701 of 

19 the National Child Search Assistance Act of 1990 

20 (42 U.S.C. 5780) is amended— 

21 (A) in paragraph (2), by striking ‘‘or the 

22 National Crime Information Center computer 

23 database’’ and inserting ‘‘, the National Crime 

24 Information Center computer database, or the 


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1 NamUs databases (as defined in section 8 of 

2 the Help Find the Missing Act)’’; 

3 (B) in paragraph (3), by striking ‘‘and the 

4 National Crime Information Center computer 

5 networks’’ and inserting ‘‘, the National Crime 

6 Information Center computer networks, and the 

7 NamUs databases (as so defined)’’; and 

8 (C) in paragraph (4)— 

9 (i) in the matter preceding subpara10 graph (A), by inserting ‘‘or the NamUs 

11 databases’’ after ‘‘National Crime Informa12 tion Center’’; and 

13 (ii) in subparagraph (A), by striking 

14 ‘‘and National Crime Information Center 

15 computer networks’’ and inserting ‘‘, Na16 tional Crime Information Center computer 

17 networks, and the NamUs databases’’. 

18 (3) EFFECTIVE DATE.—The amendments made 

19 by this subsection shall apply with respect to reports 

20 made before, on, or after the date of the enactment 

21 of this Act beginning on the last day of the 30-day 

22 period described in subsection (a). 

23 SEC. 5. INCENTIVE GRANTS PROGRAM. 

24 (a) ESTABLISHMENT.—Not later than October 1, 

25 2010, the Attorney General shall establish a program to 


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1 provide grants to qualifying law enforcement agencies (as 

2 defined in subsection (j)), offices of coroners, offices of 

3 medical examiners, and other authorized agencies to facili4 tate the process of reporting information regarding miss5 ing persons and unidentified remains to the NCIC data6 base and NamUs databases for purposes of assisting in 

7 locating such missing persons and identifying such re8 mains. 

9 (b) REQUIREMENTS.—As a condition of a grant 

10 under this section, a grant recipient shall, with respect to 

11 each case reported to the agency or office of the recipient 

12 relating to a missing person described in a category under 

13 subsection (e) or relating to unidentified remains— 

14 (1) not later than 72 hours after such case is 

15 reported to the agency or office and consistent with 

16 subsection (c), submit to the NCIC database and 

17 NamUs databases— 

18 (A) in the case of a missing person de19 scribed in a category under subsection (e), at 

20 least the minimum information described in 

21 subsection (f)(1); and 

22 (B) in the case of unidentified remains, at 

23 least the minimum information described in 

24 subsection (f)(2); and 


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1 (2) not later than 60 days after the original 

2 entry of the report, verify and update any original 

3 report entered into the State law enforcement sys4 tem, the NCIC database, or NamUs databases after 

5 receipt of the grant with any additional information, 

6 including, to the greatest extent possible— 

7 (A) information on the extent to which 

8 DNA samples are available, including the avail9 ability of such samples submitted to the Na10 tional DNA Index System under subsection 

11 (b)(3); 

12 (B) fingerprints, medical and dental 

13 records, and photographs of any distinguishing 

14 characteristics such as scars, marks, tattoos, 

15 piercings, and other unique physical character16 istics; 

17 (C) in the case of unidentified remains, 

18 photographs or digital images that may assist 

19 in identifying the decedent, including finger20 print cards, radiographs, palmprints, and dis21 tinctive features of the decedent’s personal ef22 fects; and 

23 (D) any other information determined to 

24 be appropriate by the Attorney General; and 


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1 (3) not later than 60 days after the original 

2 entry of the report, to the greatest extent possible, 

3 submit to the National DNA Index System of the 

4 Federal Bureau of Investigation, established pursu5 ant to section 210304 of the Violent Crime Control 

6 and Law Enforcement Act of 1994, (either directly 

7 or through use of NamUs victims assistance re8 sources and DNA collection services) DNA samples 

9 and information relating to such case. 

10 For purposes of paragraph (2), in the case of information 

11 a grant recipient authorizes to be transferred, entered, or 

12 shared under section 4 between the NCIC database and 

13 NamUs databases, any update to such information shall 

14 be simultaneously made with respect to both databases un15 less specified otherwise by the recipient. 

16 (c) SUBMISSION OF REPORTS.—To satisfy subsection 

17 (b)(1), a recipient of a grant under this section shall sub18 mit information required under such subsection— 

19 (1) separately to the NCIC database and 

20 NamUs databases; or 

21 (2) in accordance with section 4, simultaneously 

22 to the NamUs databases when reporting to the 

23 NCIC database or to the NCIC database when re24 porting to the NamUs databases. 

25 (d) PERMISSIBLE USE OF FUNDS.— 


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1 (1) IN GENERAL.—The permissible uses of 

2 grants awarded under this section include the use of 

3 funds— 

4 (A) to hire additional personnel, to acquire 

5 technology to facilitate timely data entry into 

6 the relevant databases; 

7 (B) to conduct contracting activities rel8 evant to outsourcing the processing of unidenti9 fied remains and the reporting of the resulting 

10 information to the NCIC database and NamUs 

11 databases; 

12 (C) to train local law enforcement per13 sonnel, medical examiners, and coroners to use 

14 the NCIC database and NamUs databases; 

15 (D) to assist States’ transition into the 

16 new system under which information is shared 

17 between the NCIC database and NamUs data18 bases; and 

19 (E) for other purposes consistent with the 

20 goals of this section. 

21 (2) CLARIFICATION.—In no case may a recipi22 ent of a grant under this section use funds to enter 

23 or help facilitate the entrance of any false or mis24 leading information about missing persons or un25 identified remains. 


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1 (e) CATEGORIES OF MISSING PERSONS.—The cat2 egories of missing persons described in this subsection are 

3 the following: 

4 (1) A missing person age 21 or older who— 

5 (A) is senile or has suffering from a prov6 en mental or physical disability, as documented 

7 by a source deemed credible to an appropriate 

8 law enforcement entity; or 

9 (B) is missing under circumstances that 

10 indicate, as determined by an appropriate law 

11 enforcement entity— 

12 (i) that the person’s physical safety 

13 may be endangered; or 

14 (ii) that the disappearance may not 

15 have been voluntary, such as abduction or 

16 kidnapping; or 

17 (iii) that the disappearance may have 

18 been caused by a natural disaster or catas19 trophe (such as an airplane crash or ter20 rorist attack). 

21 (2) A missing person who does not meet the cri22 teria described in paragraph (1) but who meets one 

23 of the following criteria: 


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1 (A) There is a reasonable concern, as de2 termined by an appropriate law enforcement en3 tity for the safety of the missing person. 

4 (B) The person is under age 21 and eman5 cipated under the laws of the person’s State of 

6 residence. 

7 (f) MINIMUM INFORMATION REQUIRED.— 

8 (1) CONTENT FOR MISSING PERSONS.—The 

9 minimum information described in this section, with 

10 respect to a missing person, is the following: 

11 (A) The name, date of birth, city and 

12 State of residence, gender, race, height, weight, 

13 eye color, and hair color of the missing person. 

14 (B) The date and location of the last 

15 known contact with the missing person. 

16 (C) The category described in subsection 

17 (e) in which the missing person is classified. 

18 (2) CONTENT FOR UNIDENTIFIED HUMAN RE19 MAINS.—The minimum information described in this 

20 section, with respect to unidentified human remains, 

21 is the following: 

22 (A) The estimated age, gender, race, 

23 height, weight, hair color, and eye color. 


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1 (B) Any distinguishing characteristics such 

2 as scars, marks, tattoos, piercings, and other 

3 unique physical characteristics. 

4 (C) A description of clothing found on the 

5 decedent. 

6 (D) City and State where the unidentified 

7 human remains were found. 

8 (E) Information on how to contact the law 

9 enforcement agency handling the investigation 

10 and the unidentified human remains. 

11 (F) Information on the extent to which 

12 DNA samples are available, including the avail13 ability of such samples submitted to the Na14 tional DNA Index System under subsection 

15 (b)(3). 

16 (g) ADMINISTRATION.—The Attorney General shall 

17 prescribe requirements, including with respect to applica18 tions, for grants awarded under this section and shall de19 termine the amount of each such grant. 

20 (h) CONFIDENTIALITY.—As a condition of a grant 

21 under this section, the recipient of the grant shall ensure 

22 that information reported under the grant meets the re23 quirements promulgated by the Attorney General under 

24 section 4(b)(1). 


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1 (i) ANNUAL SUMMARY.—For each of the fiscal years 

2 2012 through 2015, the Attorney General shall publish 

3 an annual statistical summary of the reports required by 

4 subsection (c). 

5 (j) QUALIFYING LAW ENFORCEMENT AGENCY DE6 FINED.—For purposes of this Act, the term ‘‘qualifying 

7 law enforcement agency’’ means a State, local, or tribal 

8 law enforcement agency. 

9 (k) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to carry out this section 

11 $10,000,000 for each of the fiscal years 2011 through 

12 2015. 

13 SEC. 6. REPORT ON BEST PRACTICES. 

14 Not later than 1 year after the date of the enactment 

15 of this Act, the Attorney General shall issue a report to 

16 offices of medical examiners, offices of coroners, and Fed17 eral, State, local, and tribal law enforcement agencies de18 scribing the best practices for the collection, reporting, 

19 and analysis of data and information on missing persons 

20 and unidentified human remains. Such best practices 

21 shall— 

22 (1) provide an overview of the NCIC database 

23 and NamUs databases; 

24 (2) describe how local law enforcement agen25 cies, offices of medical examiners, and offices of 


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1 coroners should access and use the NCIC database 

2 and NamUs databases; 

3 (3) describe the appropriate and inappropriate 

4 uses of the NCIC database and NamUs databases; 

5 and 

6 (4) describe the standards and protocols for the 

7 collection, reporting, and analysis of data and infor8 mation on missing persons and unidentified human 

9 remains. 

10 SEC. 7. REPORT TO CONGRESS. 

11 (a) IN GENERAL.—Not later than 1 year after the 

12 date of the enactment of this Act and biennially thereafter, 

13 the Attorney General shall submit to the Committee on 

14 the Judiciary of the House of Representatives and the 

15 Committee on the Judiciary of the Senate a report de16 scribing the status of the NCIC database and NamUs 

17 databases. 

18 (b) CONTENTS.—The report required by subsection 

19 (a) shall describe, to the extent available, information 

20 on— 

21 (1) the process of information sharing between 

22 the NCIC database and NamUs databases; and 

23 (2) the programs funded by grants awarded 

24 under section 5. 


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1 SEC. 8. DEFINITIONS. 

2 For the purposes of this Act, the following definitions 

3 apply: 

4 (a) AUTHORIZED AGENCY.—The term ‘‘authorized 

5 agency’’ means a government agency with an originating 

6 agency identification (ORI) number and that is a criminal 

7 justice agency, as defined for purposes of subpart A of 

8 part 20 of title 28, Code of Federal Regulations. 

9 (b) NAMUS DATABASES.—The term ‘‘NamUs data10 bases’’ means the National Missing and Unidentified Per11 sons System Missing Persons database and National Miss12 ing and Unidentified Persons System Unidentified Dece13 dents database maintained by the National Institute of 

14 Justice of the Department of Justice. 

15 (c) NCIC DATABASE.—The term ‘‘NCIC database’’ 

16 means the National Crime Information Center Missing 

17 Person File and National Crime Information Center Un18 identified Person File of the National Crime Information 

19 Center database of the Federal Bureau of Investigation, 

20 established pursuant to section 534 of title 28, United 

21 States Code. 

22 (d) STATE.—The term ‘‘State’’ means any State of 

23 the United States, the District of Columbia, the Common24 wealth of Puerto Rico, the Virgin Islands, American 


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1 Samoa, Guam, and the Commonwealth of the Northern 

2 Mariana Islands. 

Æ 


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