II 

113TH CONGRESS 

2D SESSION S. 2840 

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 SENATE OF THE UNITED STATES 

SEPTEMBER 17 (legislative day, SEPTEMBER 16), 2014 

Mr. MURPHY (for himself, Mr. BLUMENTHAL, Mr. BEGICH, and Mr. SCHUMER) introduced the following bill; which was read twice and 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as ‘‘Billy’s Law’’ or the ‘‘Help 

3 Find the Missing Act’’. 

4 SEC. 2. 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 not 

22 more than a total of $2,400,000 for each of the fiscal 

23 years 2015 through 2020. Notwithstanding any other pro24 vision of law, the total amount of Federal funds made 

25 available for any of the fiscal years 2015 through 2020 


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1 to maintain NamUs may not exceed the amount described 

2 in the previous sentence. 

3 SEC. 3. GAO REPORT ON INFORMATION SHARING BETWEEN 

4 NCIC AND NAMUS. 

5 (a) STUDY.—The Comptroller General of the United 

6 States shall conduct a study on— 

7 (1) how to better integrate the national missing 

8 persons databases, including the NamUs databases 

9 and the NCIC database; 

10 (2) any technical challenges that may exist in 

11 integrating the databases described in paragraph 

12 (1); and 

13 (3) practices, procedures, or technologies that 

14 would assist States, local law enforcement agencies, 

15 medical examiners, and coroners in reporting miss16 ing persons and unidentified remains to the NamUs 

17 databases and the NCIC database. 

18 (b) REPORT.—Not later than 6 months after the date 

19 of enactment of this Act, the Comptroller General of the 

20 United States shall submit to the Attorney General and 

21 to the Committee on the Judiciary of the House of Rep22 resentatives and the Committee on the Judiciary of the 

23 Senate a report on the study conducted under subsection 

24 (a). 


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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 to be 

9 transmitted to, entered in, and otherwise shared with the 

10 NamUs databases and for such information contained in 

11 the NamUs databases to be transmitted to, entered in, 

12 and otherwise shared with the NCIC database. 

13 (b) RULES ON CONFIDENTIALITY.— 

14 (1) IN GENERAL.—Not later than 18 months 

15 after the date on which the GAO report is sub16 mitted, the Attorney General, in consultation with 

17 the Director of the FBI, shall promulgate rules pur18 suant to notice and comment that specify the infor19 mation the Attorney General may provide from the 

20 NCIC files to the NamUs databases for purposes of 

21 this Act. Such rules shall— 

22 (A) provide for the protection of confiden23 tial, private, and law enforcement sensitive in24 formation contained in the NCIC files; 

25 (B) be promulgated only after the Director 

26 approves recommendations by the Advisory PolVerDate Sep 11 2014 21:04 Sep 22, 2014 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2840.IS S2840

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1 icy Board of the Criminal Justice Information 

2 Services Division of the FBI; 

3 (C) specify the circumstances in which por4 tions of information may be withheld from 

5 transfer, entry, or sharing from the NCIC data6 base to the NamUs databases; and 

7 (D) provide that once an authorized agen8 cy provides an authorization to permit the 

9 transmission, entering, or sharing of informa10 tion (or portions of information) from the 

11 NCIC database to the NamUs databases, such 

12 authorization shall be deemed to apply to any 

13 updates made to such information, unless other14 wise specified by the agency. 

15 (2) SUBMISSIONS PRIOR TO ONLINE DATA

16 ENTRY FORMAT UPDATE.—With respect to informa17 tion submitted to the NCIC database before the end 

18 of the 30-day period described in subsection (a), the 

19 Attorney General may solicit from appropriate au20 thorized agencies authorization to transmit, enter, or 

21 share such information. 

22 (c) UPDATES.— 

23 (1) IN GENERAL.—Not later than 18 months 

24 after the date the GAO report is submitted, the At25 torney General shall update the online data entry 


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1 format for the NCIC database and NamUs data2 bases to provide State criminal justice agencies, of3 fices of medical examiners, and offices of coroners 

4 with the option to authorize the submission of new 

5 information and data that is reported to and entered 

6 into the NCIC database to be submitted to and en7 tered into the NamUs databases. 

8 (2) NCIC FORMAT.—In the case of the NCIC 

9 database, an update described in paragraph (1) shall 

10 include an update to the NCIC database online data 

11 entry format that States use in submitting missing 

12 persons and unidentified remains reports, including 

13 the addition of a new data field allowing States, on 

14 behalf of the authorized agency that originally sub15 mitted the data, to select whether or not to have the 

16 NCIC report, subject to the rules promulgated under 

17 subsection (b), shared with the NamUs databases. 

18 (d) AMENDMENTS TO TITLE XXXVII OF THE CRIME

19 CONTROL ACT OF 1990 TO REQUIRE REPORTS OF MISS20 ING CHILDREN TO NAMUS.— 

21 (1) REPORTING REQUIREMENT.—Section 

22 3701(a) of title XXXVII of the Crime Control Act 

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

24 the period and inserting the following: ‘‘and, con25 sistent with section 4 (including rules promulgated 


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1 pursuant to section 4(b)) of the Help Find the Miss2 ing Act, shall also report such case, either directly 

3 or through authorization described in such section to 

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

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

6 such Act).’’. 

7 (2) STATE REQUIREMENTS.—Section 3702 of 

8 title XXXVII of the Crime Control Act of 1990 (42 

9 U.S.C. 5780) is amended— 

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

11 National Crime Information Center computer 

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

13 Information Center computer database, or the 

14 NamUs databases (as defined in section 8 of 

15 the Help Find the Missing Act)’’; 

16 (B) in paragraph (3), in the undesignated 

17 matter following subparagraph (C), by inserting 

18 after ‘‘receive such reports’’ the following: ‘‘and 

19 is entered within 60 days of receipt in the 

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

21 (C) in paragraph (4)— 

22 (i) in the matter preceding subpara23 graph (A), by inserting ‘‘or the NamUs 

24 databases’’ after ‘‘National Crime Informa25 tion Center’’; and 


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

2 ‘‘and National Crime Information Center 

3 computer networks’’ and inserting ‘‘, Na4 tional Crime Information Center computer 

5 networks, and the NamUs databases’’. 

6 (3) EFFECTIVE DATE.—The amendments made 

7 by this subsection shall apply with respect to reports 

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

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

10 period described in subsection (a). 

11 (e) AUTHORIZED AGENCIES AUTHORITY TO OVER12 RIDE INFORMATION.—An authorized agency may remove 

13 or override information (or portions of information) from 

14 the NamUs database, and correspondingly from the NCIC 

15 database if the information was transferred from the 

16 NamUs database under this Act, if such information is 

17 submitted on behalf of a public user and such information 

18 is deemed by the authorized agency to be inaccurate. 

19 SEC. 5. INCENTIVE GRANTS PROGRAM. 

20 (a) ESTABLISHMENT.—Not later than 1 year after 

21 the date of enactment of this Act, the Attorney General 

22 shall establish a program to provide grants to qualifying 

23 law enforcement agencies, offices of coroners, offices of 

24 medical examiners, and other authorized agencies to facili25 tate the process of reporting information regarding missVerDate Sep 11 2014 21:04 Sep 22, 2014 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2840.IS S2840

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1 ing persons and unidentified remains to the NCIC data2 base and NamUs databases for purposes of assisting in 

3 locating such missing persons and identifying such re4 mains. 

5 (b) REQUIREMENTS.— 

6 (1) IN GENERAL.—As a condition of a grant 

7 under this section, a grant recipient shall, with re8 spect to each case reported to the agency or office 

9 of the recipient relating to a missing person de10 scribed in a category under subsection (e) or relating 

11 to unidentified remains— 

12 (A) not later than 72 hours after such case 

13 is reported to the agency or office and con14 sistent with subsection (c), submit to the NCIC 

15 database and NamUs databases— 

16 (i) in the case of a missing person de17 scribed in a category under subsection (e), 

18 at least the minimum information de19 scribed in subsection (f)(1); and 

20 (ii) in the case of unidentified re21 mains, at least the minimum information 

22 described in subsection (f)(2); and 

23 (B) not later than 60 days after the origi24 nal entry of the report, verify and update any 

25 original report entered into the State law enVerDate Sep 11 2014 21:04 Sep 22, 2014 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2840.IS S2840

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1 forcement system, the NCIC database, or 

2 NamUs databases after receipt of the grant 

3 with any additional information, including, to 

4 the greatest extent possible— 

5 (i) information on the extent to which 

6 DNA samples are available, including the 

7 availability of DNA identification records 

8 information submitted to the National 

9 DNA Index System under subparagraph 

10 (C); 

11 (ii) fingerprints, medical and dental 

12 records, and photographs of any distin13 guishing characteristics such as scars, 

14 marks, tattoos, piercings, and other unique 

15 physical characteristics; 

16 (iii) in the case of unidentified re17 mains, photographs or digital images that 

18 may assist in identifying the decedent, in19 cluding fingerprint cards, radiographs, 

20 palmprints, and distinctive features of the 

21 decedent’s personal effects; and 

22 (iv) any other information determined 

23 to be appropriate by the Attorney General; 

24 and 


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1 (C) not later than 60 days after the origi2 nal entry of the report, to the greatest extent 

3 possible, submit to the National DNA Index 

4 System of the FBI, established pursuant to sec5 tion 210304(a) of the Violent Crime Control 

6 and Law Enforcement Act of 1994 (42 U.S.C. 

7 14132(a)), either directly or through use of 

8 NamUs victims assistance resources and DNA 

9 collection services, DNA identification records 

10 information relating to such case in accordance 

11 with section 210304(b) of such Act (42 U.S.C. 

12 14132(b)) and the National DNA Index System 

13 acceptance standards. 

14 (2) SHARING OF INFORMATION.—For purposes 

15 of subparagraph (B), in the case of information a 

16 grant recipient authorizes to be transferred, entered, 

17 or shared under section 4 between the NCIC data18 base and NamUs databases, any update to such in19 formation shall be made with respect to both data20 bases unless specified otherwise by the recipient. 

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

22 (b)(1)(A), a recipient of a grant under this section shall 

23 submit information required under such subsection— 

24 (1) separately to the NCIC database and 

25 NamUs databases; or 


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1 (2) in accordance with section 4, simultaneously 

2 to the NamUs databases when reporting to the 

3 NCIC database or to the NCIC database when re4 porting to the NamUs databases. 

5 (d) PERMISSIBLE USE OF FUNDS.— 

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

7 grants awarded under this section include the use of 

8 funds— 

9 (A) to hire additional personnel, to acquire 

10 technology to facilitate timely data entry into 

11 the relevant databases; 

12 (B) to conduct contracting activities rel13 evant to outsourcing the processing of unidenti14 fied remains and the reporting of the resulting 

15 information to the NCIC database and NamUs 

16 databases; 

17 (C) to train local law enforcement per18 sonnel, medical examiners, and coroners to use 

19 the NCIC database and NamUs databases; 

20 (D) to assist States’ transition into the 

21 new system under which information is shared 

22 between the NCIC database and NamUs data23 bases; and 

24 (E) for other purposes consistent with the 

25 goals of this section. 


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1 (2) CLARIFICATION.—In no case may a recipi2 ent of a grant under this section use funds to enter 

3 or help facilitate the entrance of any false or mis4 leading information about missing persons or un5 identified remains. 

6 (e) CATEGORIES OF MISSING PERSONS.—The cat7 egories of missing persons described in this subsection are 

8 the following: 

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

10 (A) is senile or is suffering from a proven 

11 mental or physical disability, as documented by 

12 a source deemed credible to an appropriate law 

13 enforcement entity; or 

14 (B) is missing under circumstances that 

15 indicate, as determined by an appropriate law 

16 enforcement entity— 

17 (i) that the person’s physical safety 

18 may be endangered; 

19 (ii) that the disappearance may not 

20 have been voluntary, such as abduction or 

21 kidnapping; or 

22 (iii) that the disappearance may have 

23 been caused by a natural disaster or catas24 trophe (such as an airplane crash or ter25 rorist attack). 


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1 (2) A missing person who does not meet the cri2 teria described in paragraph (1) but who meets one 

3 of the following criteria: 

4 (A) There is a reasonable concern, as de5 termined by an appropriate law enforcement en6 tity, for the safety of the missing person. 

7 (B) The person is under age 21 and eman8 cipated under the laws of the person’s State of 

9 residence. 

10 (f) MINIMUM INFORMATION REQUIRED.— 

11 (1) CONTENT FOR MISSING PERSONS.—The 

12 minimum information described in this section, with 

13 respect to a missing person, is the following: 

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

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

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

17 (B) The date and location of the last 

18 known contact with the missing person. 

19 (C) The category described in subsection 

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

21 (2) CONTENT FOR UNIDENTIFIED HUMAN RE22 MAINS.—The minimum information described in this 

23 section, with respect to unidentified human remains, 

24 is the following: 


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

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

3 (B) Any distinguishing characteristics such 

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

5 unique physical characteristics. 

6 (C) A description of clothing found on the 

7 decedent. 

8 (D) City and State where the unidentified 

9 human remains were found. 

10 (E) Information on how to contact the law 

11 enforcement agency handling the investigation 

12 and the unidentified human remains. 

13 (F) Information on the extent to which 

14 DNA identification records information are 

15 available, including the availability of such sam16 ples submitted to the National DNA Index Sys17 tem under subsection (b)(1)(C). 

18 (g) ADMINISTRATION.—The Attorney General shall 

19 prescribe requirements, including with respect to applica20 tions, for grants awarded under this section and shall de21 termine the amount of each such grant. 

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

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

24 that information reported under the grant meets the reVerDate Sep 11 2014 21:04 Sep 22, 2014 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S2840.IS S2840

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1 quirements promulgated by the Attorney General under 

2 section 4(b)(1)(A). 

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

4 2015 through 2020, the Attorney General shall publish 

5 an annual statistical summary of the reports required by 

6 subsection (c). 

7 (j) QUALIFYING LAW ENFORCEMENT AGENCY DE8 FINED.—For purposes of this Act, the term ‘‘qualifying 

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

10 law enforcement agency. 

11 (k) FUNDING.— 

12 (1) MATCHING REQUIREMENT.—The Attorney 

13 General may not make a grant under subsection (a) 

14 unless the applicant involved agrees, with respect to 

15 the costs to be incurred by the applicant in carrying 

16 out the purposes described in this section, to make 

17 available non-Federal contributions (in cash or in 

18 kind) toward such costs in an amount equal to not 

19 less than $1 for each $2 of Federal funds provided 

20 in the grant. 

21 (2) AUTHORIZATION OF APPROPRIATIONS.— 

22 There is authorized to be appropriated to carry out 

23 this section $8,000,000 for each of the fiscal years 

24 2015 through 2020. 


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1 SEC. 6. REPORT ON BEST PRACTICES. 

2 Not later than 18 months after the date on which 

3 the GAO report is submitted, the Attorney General shall 

4 issue a report to offices of medical examiners, offices of 

5 coroners, and Federal, State, local, and tribal law enforce6 ment agencies describing the best practices for the collec7 tion, reporting, and analysis of data and information on 

8 missing persons and unidentified human remains. Such 

9 best practices shall— 

10 (1) provide an overview of the NCIC database 

11 and NamUs databases; 

12 (2) describe how local law enforcement agen13 cies, offices of medical examiners, and offices of 

14 coroners should access and use the NCIC database 

15 and NamUs databases; 

16 (3) describe the appropriate and inappropriate 

17 uses of the NCIC database and NamUs databases; 

18 and 

19 (4) describe the standards and protocols for the 

20 collection, reporting, and analysis of data and infor21 mation on missing persons and unidentified human 

22 remains. 

23 SEC. 7. REPORT TO CONGRESS. 

24 (a) IN GENERAL.—Not later than 18 months after 

25 the date on which the GAO report is submitted, and bien26 nially thereafter, the Attorney General shall submit to the 


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1 Committee on the Judiciary of the House of Representa2 tives and the Committee on the Judiciary of the Senate 

3 a report describing the status of the NCIC database and 

4 NamUs databases. 

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

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

7 on— 

8 (1) the process of information sharing between 

9 the NCIC database and NamUs databases; and 

10 (2) the programs funded by grants awarded 

11 under section 5. 

12 SEC. 8. DEFINITIONS. 

13 For the purposes of this Act, the following definitions 

14 apply: 

15 (1) AUTHORIZED AGENCY.—The term ‘‘author16 ized agency’’ means a Government agency with an 

17 originating agency identification (ORI) number and 

18 that is a criminal justice agency, as defined for pur19 poses of subpart A of part 20 of title 28, Code of 

20 Federal Regulations. 

21 (2) GAO REPORT.—The term ‘‘GAO report’’ 

22 means the report required under section 3(b). 

23 (3) FBI.—The term ‘‘FBI’’ means the Federal 

24 Bureau of Investigation. 


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1 (4) NAMUS DATABASES.—The term ‘‘NamUs 

2 databases’’ means the National Missing and Uniden3 tified Persons System Missing Persons database and 

4 National Missing and Unidentified Persons System 

5 Unidentified Decedents database maintained by the 

6 National Institute of Justice of the Department of 

7 Justice. 

8 (5) NCIC DATABASE.—The term ‘‘NCIC data9 base’’ means the National Crime Information Center 

10 Missing Person File and National Crime Informa11 tion Center Unidentified Person File of the National 

12 Crime Information Center database of the FBI, es13 tablished pursuant to section 534 of title 28, United 

14 States Code. 

15 (6) STATE.—The term ‘‘State’’ means any 

16 State of the United States, the District of Columbia, 

17 the Commonwealth of Puerto Rico, the Virgin Is18 lands, American Samoa, Guam, and the Common19 wealth of the Northern Mariana Islands. 

Æ 


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