IIB 
111TH CONGRESS 
2D SESSION 
H. R. 3695 
IN THE SENATE OF THE UNITED STATES 
FEBRUARY 24, 2010 
Received; read twice and referred to the Committee on the Judiciary 
AN ACT 
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. 
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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’’. 
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 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 2011 through 
2016. 
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SEC. 3. 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 7) 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 1 year after 
the date of the enactment of this Act, the Attorney 
General, in consultation with the Director of the 
Federal Bureau of Investigation (in this Act referred 
to as 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 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; 
(C) specify the circumstances in which por-
tions of information may be withheld from 
transfer, entry, or sharing from the NCIC data-
base to the NamUs databases; and 
(D) provide that once an authorized agen-
cy provides an authorization to permit the 
transmission, entering, or sharing of informa-
tion (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 other-
wise specified by the agency. 
(2) SUBMISSIONS
PRIOR
TO
ONLINE
DATA 
ENTRY FORMAT UPDATE.—With respect to informa-
tion submitted to the NCIC database before the end 
of the 30-day period specified in subsection (a), the 
Attorney General may solicit from appropriate au-
thorized agencies authorization to transmit, enter, or 
share such information. 
(c) UPDATES.— 
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(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 
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 
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(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 have 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-
odology to authorize the sharing of information 
between the NCIC database and NamUs data-
bases. 
(d) AMENDMENTS TO TITLE XXXVII OF THE CRIME 
CONTROL ACT OF 1990 TO REQUIRE REPORTS OF MISS-
ING 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 
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the period and inserting the following: ‘‘and, con-
sistent with section 3 (including rules promulgated 
pursuant to section 3(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 7 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 7 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 
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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. 4. 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 (as defined in subsection (j)), 
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.—As a condition of a grant 
under this section, a grant recipient shall, with respect to 
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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 
(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); 
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(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 
(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 3 between the NCIC database and 
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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 3, 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.— 
(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; 
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(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. 
(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 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— 
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(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 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: 
(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. 
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(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. 
(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 samples are available, including the avail-
ability of such samples submitted to the Na-
tional DNA Index System under subsection 
(b)(3). 
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(g) ADMINISTRATION.—The Attorney General shall 
prescribe requirements, including with respect to applica-
tions, for grants awarded under this section and shall de-
termine 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 re-
quirements promulgated by the Attorney General under 
section 3(b)(1). 
(i) ANNUAL SUMMARY.—For each of the fiscal years 
2012 through 2015, the Attorney General shall publish 
an annual statistical summary of the reports required by 
subsection (c). 
(j) QUALIFYING LAW ENFORCEMENT AGENCY DE-
FINED.—For purposes of this Act, the term ‘‘qualifying 
law enforcement agency’’ means a State, local, or tribal 
law enforcement agency. 
(k) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$10,000,000 for each of the fiscal years 2011 through 
2015. 
SEC. 5. REPORT ON BEST PRACTICES. 
Not later than 1 year after the date of the enactment 
of this Act, the Attorney General shall issue a report to 
offices of medical examiners, offices of coroners, and Fed-
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eral, State, local, and tribal law enforcement agencies de-
scribing 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 agen-
cies, 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 infor-
mation on missing persons and unidentified human 
remains. 
SEC. 6. REPORT TO CONGRESS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act 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 de-
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scribing 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 4. 
SEC. 7. DEFINITIONS. 
For the purposes of this Act, the following definitions 
apply: 
(a) 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. 
(b) NAMUS DATABASES.—The term ‘‘NamUs data-
bases’’ means the National Missing and Unidentified Per-
sons System Missing Persons database and National Miss-
ing and Unidentified Persons System Unidentified Dece-
dents database maintained by the National Institute of 
Justice of the Department of Justice. 
(c) NCIC DATABASE.—The term ‘‘NCIC database’’ 
means the National Crime Information Center Missing 
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Person File and National Crime Information Center Un-
identified Person File of the National Crime Information 
Center database of the Federal Bureau of Investigation, 
established pursuant to section 534 of title 28, United 
States Code. 
(d) STATE.—The term ‘‘State’’ means any State of 
the United States, the District of Columbia, the Common-
wealth of Puerto Rico, the Virgin Islands, American 
Samoa, Guam, and the Commonwealth of the Northern 
Mariana Islands. 
Passed the House of Representatives February 23, 
2010. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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