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 Na-
tional 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Help Find the Missing 
Act’’ or ‘‘Billy’s Law’’. 
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SEC. 2. FINDINGS. 
The Congress finds as follows: 
(1) Every year tens of thousands of Americans 
go missing, never to be seen by their loved ones 
again. 
(2) As of 2004, there are an estimated 40,000 
sets of unidentified remains that are being held by 
medical examiner or coroner offices or disposed of 
across the country. 
(3) According to the National Institute of Jus-
tice, only 6,000 of such cases of unidentified re-
mains have been entered into the National Crime In-
formation Center’s Unidentified Person File of the 
Federal Bureau of Investigation (in this section re-
ferred to as ‘‘NCIC’’). 
(4) As of December 31, 2008, there were 
102,764 missing persons records active in the NCIC. 
(5) The estimated numbers of missing persons 
and unidentified human remains in the United 
States are not complete because reporting to NCIC 
by local law enforcement entities, medical examiner 
offices, and coroner offices of information on missing 
adults or unidentified decedents is voluntary. 
(6) The National Child Search Assistance Act 
of 1990 (42 U.S.C. 5779), as amended by Suzanne’s 
Law (section 204 of the Prosecutorial Remedies and 
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Other Tools to End the Exploitation of Children 
Today Act of 2003 (PROTECT Act, Public Law 
108–21)) requires Federal, State, and local law en-
forcement agencies to report cases of missing chil-
dren and individuals under the age of 21 to the Na-
tional Crime Information Center (NCIC) Missing 
Person File. There is no similar Federal law requir-
ing Federal, State, or local law enforcement agencies 
to report missing adults or unidentified decedents 
cases. 
(7) Law enforcement entities, medical exam-
iners, and coroners need assistance to acquire the 
tools to report missing adults and unidentified re-
mains and the purpose of this Act is to provide in-
centive grants to provide such entities with such as-
sistance. 
(8) According to a Bureau of Justice and Sta-
tistics special report on its 2004 Census of Medical 
Examiner and Coroners’ Offices, 80 percent of sur-
veyed medical examiners offices and coroners offices 
reported using the NCIC rarely or never, with in-
creased workload and cost of access as obstacles. 
(9) There are many Federal, State, local, and 
non-profit databases that can be used to help iden-
tify unidentified remains. However, such databases 
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are not connected and most have little or no search 
capability and are not able to be viewed or searched 
by the public. 
(10) The National Missing and Unidentified 
Persons System (NamUs) was established in July 
2007 by the Department of Justice under the Presi-
dent’s DNA Initiative to provide a missing persons/ 
unidentified remains database that the public could 
access and to which the public could contribute and 
search. NamUs is currently funded by the National 
Institute of Justice under the Department of Jus-
tice. 
(11) As of September 2009, 42 States, the Dis-
trict of Columbia, and Puerto Rico have medical ex-
aminers, coroners, or both entering cases into the 
NamUs unidentified persons system. Forty-five 
States have law enforcement officers registered and 
using the NamUs missing persons system. All 50 
States have missing persons in the NamUs data-
bases. 
(12) In 2007 a focus group funded by the Na-
tional Institute of Justice that consisted of national 
experts in human identification and technology, 
medical examiners and coroners, forensic anthropolo-
gists, odontologists, DNA scientists, death investiga-
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tors, and technology experts determined three major 
areas of needs in the human identification commu-
nity (all of which are identified in this Act), includ-
ing an accessible unidentified decedent database; 
best practices guidelines; and technology, training, 
and research. 
(13) The January 2007 National Institute of 
Justice Journal publication, titled ‘‘Missing Persons 
and Unidentified Remains: The Nation’s Silent Mass 
Disaster’’, identified major gaps in the Nation’s 
missing persons system. Such identified gaps, which 
this legislation addresses, included the lack of— 
(A) reporting of missing adults and un-
identified remains by local law enforcement and 
medical examiners and coroners because of in-
sufficient time and resources; 
(B) information sharing among Federal 
missing persons and unidentified remains data-
bases; 
(C) policies to collect DNA samples from 
unidentified remains; 
(D) resources to perform DNA analysis of 
human remains; and 
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(E) knowledge among law enforcement 
agencies about State missing persons clearing-
houses or the Federal databases. 
SEC. 3. 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 author-
ized to maintain public databases, known as the ‘‘National 
Missing and Unidentified Persons System’’ or ‘‘NamUs’’, 
to contain missing persons records and unidentified re-
mains 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 Unidenti-
fied 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 
$2,400,000 for each of the fiscal years 2010 through 
2015. 
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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 At-
torney General shall, in accordance with this section, pro-
vide for information on missing persons and unidentified 
human remains contained in the NCIC database (as de-
fined in section 8) 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. 
(b) RULES ON CONFIDENTIALITY.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, the At-
torney General, in consultation with the Director of 
the Federal Bureau of Investigation (in this Act re-
ferred to as the ‘‘FBI’’), shall promulgate rules pur-
suant to notice and comment that specify the infor-
mation 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 law en-
forcement sensitive, confidential, and private in-
formation contained in the NCIC files; 
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(B) be promulgated only after the Director 
approves recommendations by the Advisory Pol-
icy Board of the Criminal Justice Information 
Services Division of the FBI; and 
(C) not permit the transmission, entry, or 
sharing of information (or portions of informa-
tion) from the NCIC database to the NamUs 
databases unless the authorized agency, with 
respect to the information submitted to the 
NCIC database, submits to the Attorney Gen-
eral written authorization to so transmit, enter, 
or share, respectively, such information (or por-
tion of information). 
(2) SPECIFICS.—In promulgating rules with re-
spect to paragraph (1)(C), the Attorney General— 
(A) shall specify the circumstances in 
which portions of information may be withheld 
from transfer, entry, or sharing from the NCIC 
database to the NamUs databases; 
(B) shall provide that once the authorized 
agency described in paragraph (1)(C) provides 
an authorization under such paragraph with re-
spect to information, such authorization shall 
be deemed to apply to any updates made to 
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such information, unless otherwise specified by 
the agency; and 
(C) with respect to information submitted 
to the NCIC database before the end of the 30- 
day period specified in subsection (a), may so-
licit from appropriate authorized agencies au-
thorization described in such paragraph to 
transmit, enter, or share such information. 
(c) UPDATES.— 
(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 informa-
tion and data that is reported to and entered into 
the NCIC database to simultaneously be submitted 
to and entered into the NamUs databases. 
(2) NCIC FORMAT.— 
(A) IN
GENERAL.—In the case of the 
NCIC database, an update described in para-
graph (1) shall include— 
(i) an update to the NCIC database 
online data entry format that States use in 
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submitting missing persons and unidenti-
fied remains reports, including the addition 
of a new data field allowing States, on be-
half of the authorized agency that origi-
nally 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; 
and 
(ii) subject to subparagraph (B), a re-
quirement that as a condition of partici-
pating in the NCIC database, States must 
update their missing persons and unidenti-
fied remains collection processes from local 
and tribal law enforcement, medical exam-
iners, 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 has provided author-
ization to share the information with the 
NamUs databases. 
(B) EXCEPTION.—Subparagraph (A)(ii) 
shall not apply with respect to any State that 
has in effect a State law providing for a meth-
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odology to authorize the sharing of information 
between the NCIC database and NamUs data-
bases. 
(d) AMENDMENTS TO THE NATIONAL CHILD SEARCH 
ASSISTANCE ACT OF 1990 TO REQUIRE REPORTS OF 
MISSING CHILDREN TO NAMUS.— 
(1) 
REPORTING
REQUIREMENT.—Section 
3701(a) of the National Child Search Assistance Act 
of 1990 (42 U.S.C. 5779) is amended by striking 
the period and inserting the following: ‘‘and, con-
sistent with section 4 (including rules promulgated 
pursuant to section 4(b)) of the Help Find the Miss-
ing 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 3701 of 
the National Child Search Assistance 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 
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NamUs databases (as defined in section 8 of 
the Help Find the Missing Act)’’; 
(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)’’; and 
(C) in paragraph (4)— 
(i) in the matter preceding subpara-
graph (A), by inserting ‘‘or the NamUs 
databases’’ after ‘‘National Crime Informa-
tion Center’’; and 
(ii) in subparagraph (A), by striking 
‘‘and National Crime Information Center 
computer networks’’ and inserting ‘‘, Na-
tional 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). 
SEC. 5. INCENTIVE GRANTS PROGRAM. 
(a) ESTABLISHMENT.—Not later than October 1, 
2010, the Attorney General shall establish a program to 
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provide grants to qualifying law enforcement agencies (as 
defined in subsection (j)), offices of coroners, offices of 
medical examiners, and other authorized agencies to facili-
tate the process of reporting information regarding miss-
ing persons and unidentified remains to the NCIC data-
base and NamUs databases for purposes of assisting in 
locating such missing persons and identifying such re-
mains. 
(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— 
(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— 
(A) in the case of a missing person de-
scribed in a category under subsection (e), at 
least the minimum information described in 
subsection (f)(1); and 
(B) in the case of unidentified remains, at 
least the minimum information described in 
subsection (f)(2); and 
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(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 sys-
tem, the NCIC database, or NamUs databases after 
receipt of the grant with any additional information, 
including, to the greatest extent possible— 
(A) information on the extent to which 
DNA samples are available, including the avail-
ability of such samples submitted to the Na-
tional DNA Index System under subsection 
(b)(3); 
(B) 
fingerprints, 
medical 
and 
dental 
records, and photographs of any distinguishing 
characteristics such as scars, marks, tattoos, 
piercings, and other unique physical character-
istics; 
(C) in the case of unidentified remains, 
photographs or digital images that may assist 
in identifying the decedent, including finger-
print cards, radiographs, palmprints, and dis-
tinctive features of the decedent’s personal ef-
fects; and 
(D) any other information determined to 
be appropriate by the Attorney General; and 
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(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 pursu-
ant to section 210304 of the Violent Crime Control 
and Law Enforcement Act of 1994, (either directly 
or through use of NamUs victims assistance re-
sources and DNA collection services) DNA samples 
and information relating to such case. 
For purposes of paragraph (2), 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 simultaneously made with respect to both databases un-
less specified otherwise by the recipient. 
(c) SUBMISSION OF REPORTS.—To satisfy subsection 
(b)(1), a recipient of a grant under this section shall sub-
mit 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 re-
porting to the NamUs databases. 
(d) PERMISSIBLE USE OF FUNDS.— 
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(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 rel-
evant to outsourcing the processing of unidenti-
fied remains and the reporting of the resulting 
information to the NCIC database and NamUs 
databases; 
(C) to train local law enforcement per-
sonnel, 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 data-
bases; and 
(E) for other purposes consistent with the 
goals of this section. 
(2) CLARIFICATION.—In no case may a recipi-
ent of a grant under this section use funds to enter 
or help facilitate the entrance of any false or mis-
leading information about missing persons or un-
identified remains. 
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(e) CATEGORIES OF MISSING PERSONS.—The cat-
egories of missing persons described in this subsection are 
the following: 
(1) A missing person age 21 or older who— 
(A) is senile or has suffering from a prov-
en 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; or 
(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 catas-
trophe (such as an airplane crash or ter-
rorist attack). 
(2) A missing person who does not meet the cri-
teria described in paragraph (1) but who meets one 
of the following criteria: 
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(A) There is a reasonable concern, as de-
termined by an appropriate law enforcement en-
tity for the safety of the missing person. 
(B) The person is under age 21 and eman-
cipated 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 RE-
MAINS.—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. 
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