II 

111TH CONGRESS 

2D SESSION S. 3019 

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 

FEBRUARY 23, 2010 

Mr. LIEBERMAN (for himself, Mr. SCHUMER, Mr. MERKLEY, and Mrs. 

GILLIBRAND) 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 the ‘‘Help Find the Missing 

3 Act’’ or ‘‘Billy’s Law’’. 

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 

22 $2,400,000 for each of the fiscal years 2011 through 

23 2016. 


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1 SEC. 3. 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 1 year after 

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

16 General, in consultation with the Director of the 

17 Federal Bureau of Investigation, shall promulgate 

18 rules pursuant to notice and comment that specify 

19 the information the Attorney General may provide 

20 from the NCIC files to the NamUs databases for 

21 purposes of this Act. Such rules shall— 

22 (A) provide for the protection of law en23 forcement sensitive, confidential, and private in24 formation contained in the NCIC files; 

25 (B) be promulgated only after the Director 

26 of the Federal Bureau of Investigation approves 


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1 recommendations by the Advisory Policy Board 

2 of the Criminal Justice Information Services 

3 Division of the FBI; 

4 (C) specify the circumstances in which por5 tions of information may be withheld from 

6 transfer, entry, or sharing from the NCIC data7 base to the NamUs databases; and 

8 (D) provide that once an authorized agen9 cy provides an authorization to permit the 

10 transmission, entering, or sharing of informa11 tion (or portions of information) from the 

12 NCIC database to the NamUs databases, such 

13 authorization shall be deemed to apply to any 

14 updates made to such information, unless other15 wise specified by the agency. 

16 (2) SUBMISSIONS PRIOR TO ONLINE DATA

17 ENTRY FORMAT UPDATE.—With respect to informa18 tion submitted to the NCIC database before the end 

19 of the 30-day period specified in subsection (a), the 

20 Attorney General may solicit from appropriate au21 thorized agencies authorization to transmit, enter, or 

22 share such information. 

23 (c) UPDATES.— 

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

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


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1 General shall update the online data entry format 

2 for the NCIC database and NamUs databases to 

3 provide State criminal justice agencies, offices of 

4 medical examiners, and offices of coroners with the 

5 option to authorize the submission of new informa6 tion and data that is reported to and entered into 

7 the NCIC database to simultaneously be submitted 

8 to and entered into the NamUs databases. 

9 (2) NCIC FORMAT.— 

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

11 NCIC database, an update described in para12 graph (1) shall include— 

13 (i) an update to the NCIC database 

14 online data entry format that States use in 

15 submitting missing persons and unidenti16 fied remains reports, including the addition 

17 of a new data field allowing States, on be18 half of the authorized agency that origi19 nally submitted the data, to select whether 

20 or not to have the NCIC report, subject to 

21 the rules promulgated under subsection 

22 (b), shared with the NamUs databases; 

23 and 

24 (ii) subject to subparagraph (B), a re25 quirement that as a condition of particiVerDate Nov 24 2008 00:49 Feb 24, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3019.IS S3019

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1 pating in the NCIC database, States shall 

2 update their missing persons and unidenti3 fied remains collection processes from local 

4 and tribal law enforcement, medical exam5 iners, and coroners to enable the States to 

6 acquire information on whether or not the 

7 authorized agencies originally submitting 

8 data with respect to a missing person or 

9 unidentified remains has provided author10 ization to share the information with the 

11 NamUs databases. 

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

13 shall not apply with respect to any State that 

14 has in effect a State law providing for a meth15 odology to authorize the sharing of information 

16 between the NCIC database and NamUs data17 bases. 

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 ‘‘and, consistent with sec25 tion 4 (including rules promulgated pursuant to secVerDate Nov 24 2008 00:49 Feb 24, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3019.IS S3019

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1 tion 4(b)) of the Help Find the Missing Act, shall 

2 also report such case, either directly or through au3 thorization described in such section to transmit, 

4 enter, or share information on such case, to the 

5 NamUs databases (as defined in section 8 of such 

6 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), by striking ‘‘and the 

17 National Crime Information Center computer 

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

19 Information Center computer networks, and 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 SEC. 4. INCENTIVE GRANTS PROGRAM. 

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

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

14 shall establish a program to provide grants to qualifying 

15 law enforcement agencies, offices of coroners, offices of 

16 medical examiners, and other authorized agencies to facili17 tate the process of reporting information regarding miss18 ing persons and unidentified remains to the NCIC data19 base and NamUs databases for purposes of assisting in 

20 locating such missing persons and identifying such re21 mains. 

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

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

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


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1 relating to a missing person described in a category under 

2 subsection (e) or relating to unidentified remains— 

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

4 reported to the agency or office and consistent with 

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

6 NamUs databases— 

7 (A) in the case of a missing person de8 scribed in a category under subsection (e), at 

9 least the minimum information described in 

10 subsection (f)(1); and 

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

12 least the minimum information described in 

13 subsection (f)(2); and 

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

15 entry of the report, verify and update any original 

16 report entered into the State law enforcement sys17 tem, the NCIC database, or NamUs databases after 

18 receipt of the grant with any additional information, 

19 including, to the greatest extent possible— 

20 (A) information on the extent to which 

21 DNA samples are available, including the avail22 ability of such samples submitted to the Na23 tional DNA Index System under subsection 

24 (b)(3); 


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1 (B) fingerprints, medical and dental 

2 records, and photographs of any distinguishing 

3 characteristics such as scars, marks, tattoos, 

4 piercings, and other unique physical character5 istics; 

6 (C) in the case of unidentified remains, 

7 photographs or digital images that may assist 

8 in identifying the decedent, including finger9 print cards, radiographs, palmprints, and dis10 tinctive features of the decedent’s personal ef11 fects; and 

12 (D) any other information determined to 

13 be appropriate by the Attorney General; and 

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

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

16 submit to the National DNA Index System of the 

17 Federal Bureau of Investigation, established pursu18 ant to section 210304 of the Violent Crime Control 

19 and Law Enforcement Act of 1994, (either directly 

20 or through use of NamUs victims assistance re21 sources and DNA collection services) DNA samples 

22 and information relating to such case. 

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

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

25 shared under section 4 between the NCIC database and 


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1 NamUs databases, any update to such information shall 

2 be simultaneously made with respect to both databases un3 less specified otherwise by the recipient. 

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

5 (b)(1), a recipient of a grant under this section shall sub6 mit information required under such subsection— 

7 (1) separately to the NCIC database and 

8 NamUs databases; or 

9 (2) in accordance with section 4, simultaneously 

10 to the NamUs databases when reporting to the 

11 NCIC database or to the NCIC database when re12 porting to the NamUs databases. 

13 (d) PERMISSIBLE USE OF FUNDS.— 

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

15 grant awarded under this section include the use of 

16 funds— 

17 (A) to hire additional personnel, to acquire 

18 technology to facilitate timely data entry into 

19 the relevant databases; 

20 (B) to conduct contracting activities rel21 evant to outsourcing the processing of unidenti22 fied remains and the reporting of the resulting 

23 information to the NCIC database and NamUs 

24 databases; 


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1 (C) to train local law enforcement per2 sonnel, medical examiners, and coroners to use 

3 the NCIC database and NamUs databases; 

4 (D) to assist States’ transition into the 

5 new system under which information is shared 

6 between the NCIC database and NamUs data7 bases; and 

8 (E) for other purposes consistent with the 

9 goals of this section. 

10 (2) CLARIFICATION.—In no case may a recipi11 ent of a grant under this section use funds to enter 

12 or help facilitate the entrance of any false or mis13 leading information about missing persons or un14 identified remains. 

15 (e) CATEGORIES OF MISSING PERSONS.—The cat16 egories of missing persons described in this subsection are 

17 the following: 

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

19 (A) is senile or has suffering from a prov20 en mental or physical disability, as documented 

21 by a source deemed credible to an appropriate 

22 law enforcement entity; or 

23 (B) is missing under circumstances that 

24 indicate, as determined by an appropriate law 

25 enforcement entity— 


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1 (i) that the person’s physical safety 

2 may be endangered; 

3 (ii) that the disappearance may not 

4 have been voluntary, such as abduction or 

5 kidnapping; or 

6 (iii) that the disappearance may have 

7 been caused by a natural disaster or catas8 trophe (such as an airplane crash or ter9 rorist attack). 

10 (2) A missing person who does not meet the cri11 teria described in paragraph (1) but who meets one 

12 of the following criteria: 

13 (A) There is a reasonable concern, as de14 termined by an appropriate law enforcement en15 tity for the safety of the missing person. 

16 (B) The person is under age 21 and eman17 cipated under the laws of the person’s State of 

18 residence. 

19 (f) MINIMUM INFORMATION REQUIRED.— 

20 (1) CONTENT FOR MISSING PERSONS.—The 

21 minimum information described in this section, with 

22 respect to a missing person, is the following: 

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

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

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


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1 (B) The date and location of the last 

2 known contact with the missing person. 

3 (C) The category described in subsection 

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

5 (2) CONTENT FOR UNIDENTIFIED HUMAN RE6 MAINS.—The minimum information described in this 

7 section, with respect to unidentified human remains, 

8 is the following: 

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

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

11 (B) Any distinguishing characteristics such 

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

13 unique physical characteristics. 

14 (C) A description of clothing found on the 

15 decedent. 

16 (D) The city and State where the unidenti17 fied human remains were found. 

18 (E) Information on how to contact the law 

19 enforcement agency handling the investigation 

20 and the unidentified human remains. 

21 (F) Information on the extent to which 

22 DNA samples are available, including the avail23 ability of such samples submitted to the Na24 tional DNA Index System under subsection 

25 (b)(3). 


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1 (g) ADMINISTRATION.—The Attorney General shall 

2 prescribe requirements, including with respect to applica3 tions, for grants awarded under this section and shall de4 termine the amount of each such grant. 

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

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

7 that information reported under the grant meets the re8 quirements promulgated by the Attorney General under 

9 section 4(b)(1). 

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

11 2012 through 2015, the Attorney General shall publish 

12 an annual statistical summary of the reports required by 

13 subsection (c). 

14 (j) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to carry out this section 

16 $10,000,000 for each of the fiscal years 2011 through 

17 2015. 

18 SEC. 5. REPORT ON BEST PRACTICES. 

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

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

21 offices of medical examiners, offices of coroners, and Fed22 eral, State, local, and tribal law enforcement agencies de23 scribing the best practices for the collection, reporting, 

24 and analysis of data and information on missing persons 


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1 and unidentified human remains. Such best practices 

2 shall— 

3 (1) provide an overview of the NCIC database 

4 and NamUs databases; 

5 (2) describe how local law enforcement agen6 cies, offices of medical examiners, and offices of 

7 coroners should access and use the NCIC database 

8 and NamUs databases; 

9 (3) describe the appropriate and inappropriate 

10 uses of the NCIC database and NamUs databases; 

11 and 

12 (4) describe the standards and protocols for the 

13 collection, reporting, and analysis of data and infor14 mation on missing persons and unidentified human 

15 remains. 

16 SEC. 6. REPORT TO CONGRESS. 

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

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

19 the Attorney General shall submit to the Committee on 

20 the Judiciary of the House of Representatives and the 

21 Committee on the Judiciary of the Senate a report de22 scribing the status of the NCIC database and NamUs 

23 databases. 


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

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

3 on— 

4 (1) the process of information sharing between 

5 the NCIC database and NamUs databases; and 

6 (2) the programs funded by grants awarded 

7 under section 5. 

8 SEC. 7. DEFINITIONS. 

9 For the purposes of this Act, the following definitions 

10 apply: 

11 (1) AUTHORIZED AGENCY.—The term ‘‘author12 ized agency’’ means a government agency with an 

13 originating agency identification (ORI) number and 

14 that is a criminal justice agency, as defined for pur15 poses of subpart A of part 20 of title 28, Code of 

16 Federal Regulations. 

17 (2) NAMUS DATABASES.—The term ‘‘NamUs 

18 databases’’ means the National Missing and Uniden19 tified Persons System Missing Persons database and 

20 National Missing and Unidentified Persons System 

21 Unidentified Decedents database maintained by the 

22 National Institute of Justice of the Department of 

23 Justice. 

24 (3) NCIC DATABASE.—The term ‘‘NCIC data25 base’’ means the National Crime Information Center 


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1 Missing Person File and National Crime Informa2 tion Center Unidentified Person File of the National 

3 Crime Information Center database of the Federal 

4 Bureau of Investigation, established pursuant to sec5 tion 534 of title 28, United States Code. 

6 (4) QUALIFYING LAW ENFORCEMENT AGEN7 CY.—The term ‘‘qualifying law enforcement agency’’ 

8 means a State, local, or tribal law enforcement agen9 cy. 

10 (5) STATE.—The term ‘‘State’’ means any 

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

12 the Commonwealth of Puerto Rico, the Virgin Is13 lands, American Samoa, Guam, and the Common14 wealth of the Northern Mariana Islands. 

Æ 


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