Billy's Law
Bill: S.5230 | Sponsor: Sen. Murphy, Christopher (D-CT)
Policy area: Crime and Law Enforcement

Summary:
Billy's Law or the Help Find the Missing Act
This act provides statutory authority for the Department of Justice (DOJ) to maintain the National Missing and Unidentified Persons System (NamUs) consistent with its existing purpose and structure.
NamUs is a national information clearinghouse and resource center for cases involving missing persons and unidentified or unclaimed remains. NamUs is administered by the National Institute of Justice within DOJ.
The act also establishes new requirements.
First, it requires a law enforcement agency that submits a missing child report to the National Crime Information Center (NCIC) to also submit the missing child report to NamUs. The NCIC is a computerized index of criminal justice data and files for reports of missing and unidentified persons. Current law requires law enforcement agencies to submit missing child reports to the NCIC database but not to the NamUs databases.
Second, the act establishes requirements to facilitate data sharing between the NCIC database and the NamUs databases with respect to missing and unidentified persons.
Specifically, the act requires DOJ to give the National Institute of Justice access to the NCIC missing person and unidentified person records for the purpose of validating cases and reconciling data with NamUs.
Additionally, the act requires DOJ to assess the NCIC and NamUs systems and governing statutes, policies, and procedures and create a plan for NCIC to automatically transmit certain records to NamUs.
Third, the act requires DOJ to report to forensic medicine service providers and law enforcement agencies on best practices for collecting, reporting, and analyzing data and information on missing persons and unidentified human remains.
DOJ must also report to Congress biennially on the status of the NCIC database and the NamUs databases. The report must describe the process of information sharing between the NCIC database and NamUs databases.

[117th Congress Public Law 327]
[From the U.S. Government Publishing Office]



[[Page 4453]]

                               BILLY'S LAW

[[Page 136 STAT. 4454]]

Public Law 117-327
117th Congress

                                 An Act


 
   To 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, and for other purposes. <<NOTE: Dec. 27, 2022 -  [S. 
                                5230]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Billy's Law.>> 
SECTION 1. <<NOTE: 34 USC 10101 note.>>  SHORT TITLE.

    This Act may be cited as ``Billy's Law'' or the ``Help Find the 
Missing Act''.
SEC. 2. <<NOTE: 34 USC 40506.>>  AUTHORIZATION OF THE NATIONAL 
                    MISSING AND UNIDENTIFIED PERSONS SYSTEM.

    (a) In General.--The Attorney General, shall maintain the ``National 
Missing and Unidentified Persons System'' or ``NamUs'', consistent with 
the following:
            (1) <<NOTE: Contracts.>>  The NamUs shall be a national 
        information clearinghouse and resource center for missing, 
        unidentified, and unclaimed person cases across the United 
        States administered by the National Institute of Justice and 
        managed through an agreement with an eligible entity.
            (2) <<NOTE: Coordination.>>  The NamUs shall coordinate or 
        provide--
                    (A) online database technology which serves as a 
                national information clearinghouse to help expedite case 
                associations and resolutions;
                    (B) various free-of-charge forensic services to aid 
                in the identification of missing persons and 
                unidentified remains;
                    (C) investigative support for criminal justice 
                efforts to help missing and unidentified person case 
                resolutions;
                    (D) technical assistance for family members of 
                missing persons;
                    (E) assistance and training by coordinating State 
                and local service providers in order to support 
                individuals and families impacted by the loss or 
                disappearance of a loved one; and
                    (F) training and outreach from NamUs subject matter 
                experts, including assistance with planning and 
                facilitating Missing Person Day events across the 
                country.

    (b) Permissible Use of Funds.--
            (1) In general.--The permissible use of funds awarded under 
        this section for the implementation and maintenance of the 
        agreement created in subparagraph (a)(1) include the use of 
        funds--

[[Page 136 STAT. 4455]]

                    (A) to hire additional personnel to provide case 
                support and perform other core NamUs functions;
                    (B) to develop new technologies to facilitate timely 
                data entry into the relevant data bases;
                    (C) to conduct contracting activities relevant to 
                core NamUs services;
                    (D) to provide forensic analyses to support the 
                identification of missing and unidentified persons, to 
                include, but not limited to DNA typing, forensic 
                odontology, fingerprint examination, and forensic 
                anthropology;
                    (E) to train State, local, and Tribal law 
                enforcement personnel and forensic medicine service 
                providers to use NamUs resources and best practices for 
                the investigation of missing and unidentified person 
                cases;
                    (F) to assist States in providing information to the 
                NCIC database, the NamUs database, or any future 
                database system for missing, unidentified, and unclaimed 
                person cases;
                    (G) to report to law enforcement authorities in the 
                jurisdiction in which the remains were found information 
                on every deceased, unidentified person, regardless of 
                age;
                    (H) to participate in Missing Person Days and other 
                events to directly support family members of the missing 
                with NamUs case entries and DNA collections;
                    (I) to provide assistance and training by 
                coordinating State and local service providers in order 
                to support individuals and families;
                    (J) <<NOTE: Analysis.>>  to conduct data analytics 
                and research projects for the purpose of enhancing 
                knowledge, best practices, and training related to 
                missing and unidentified person cases, as well as 
                developing NamUs system enhancements;
                    (K) to create and maintain a secure, online, 
                nationwide critical incident response tool for 
                professionals that will connect law enforcement, medico-
                legal and emergency management professionals, as well as 
                victims and families during a critical incident; and
                    (L) for other purposes consistent with the goals of 
                this section.

    (c) Amendments to the Crime Control Act of 1990 to Require Reports 
of Missing Children to NamUs.--
            (1) Reporting requirement.--Section 3701(a) of the Crime 
        Control Act of 1990 (34 U.S.C. 41307(a)) is amended by striking 
        the period and inserting the following: ``and, consistent with 
        section 3 (including rules promulgated pursuant to section 3(c)) 
        of the Help Find the Missing 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.''.
            (2) State requirements.--Section 3702 of the Crime Control 
        Act of 1990 (34 U.S.C. 41308) 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'';
                    (B) in the matter following paragraph (3), by 
                striking ``and the National Crime Information Center 
                computer networks'' and inserting ``, the National Crime 
                Information

[[Page 136 STAT. 4456]]

                Center computer networks, and the NamUs databases''; and
                    (C) in paragraph (4)--
                          (i) in the matter preceding subparagraph (A), 
                      by inserting ``or the NamUs databases'' after 
                      ``National Crime Information Center''; and
                          (ii) in subparagraph (A), by striking ``and 
                      National Crime Information Center computer 
                      networks'' and inserting ``, National 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 enactment of this Act.
SEC. 3. <<NOTE: Deadlines. 34 USC 40507.>>  INFORMATION SHARING.

    (a) Access to NCIC.--Not later than 1 year after the date of 
enactment of this Act, the Attorney General shall, in accordance with 
this section, provide access to the NCIC Missing Person and Unidentified 
Person Files to the National Institute of Justice or its designee 
administering the NamUs program as a grantee or contractor, for the 
purpose of reviewing missing and unidentified person records in NCIC for 
case validation and NamUs data reconciliation.
    (b) Electronic Data Sharing.-- 
<<NOTE: Assessment. Plan. Criteria.>> Not later than 6 months after the 
date of enactment of this Act, the Attorney General shall, in accordance 
with this section, have completed an assessment of the NCIC and NamUs 
system architectures and governing statutes, policies, and procedures 
and provide a proposed plan for the secure and automatic data 
transmission of missing and unidentified person records that are 
reported to and entered into the NCIC database, with the following 
criteria, to be electronically transmitted to the NamUs system.
            (1) Missing Person cases with an MNP (Missing Person) code 
        of CA (Child Abduction) or AA (Amber Alert) within 72 hours of 
        entry into NCIC;
            (2) Missing Person cases with an MNP code EME (Endangered) 
        or EMI (Involuntary) within 30 days of entry into NCIC;
            (3) <<NOTE: Time period.>>  All other Missing Person cases 
        that have been active (non-cancelled) in NCIC for 180 days;
            (4) <<NOTE: Time period.>>  Unidentified person cases that 
        have been active (non-cancelled) in NCIC for 60 days;
            (5) <<NOTE: Updates.>>  Once case data are transmitted to 
        NamUs, cases are marked as such within NCIC, and any updates to 
        such cases will be transmitted to NamUs within 24 hours.

    (c) Rules on Confidentiality.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Attorney General, in consultation 
        with the Director of the FBI, shall promulgate rules pursuant to 
        notice and comment that specify the information the Attorney 
        General may allow NamUs to access from the NCIC Missing Person 
        and Unidentified Person files or be transmitted from the NCIC 
        database to the NamUs databases for purposes of this Act. Such 
        rules shall--
                    (A) provide for the protection of confidential, 
                private, and law enforcement sensitive information 
                contained in the NCIC Missing Person and Unidentified 
                Person files; and

[[Page 136 STAT. 4457]]

                    (B) specify the circumstances in which access to 
                portions of information in the Missing Person and 
                Unidentified Person files may be withheld from the NamUs 
                databases.
SEC. 4. 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 forensic 
medicine service providers, and Federal, State, local, and Tribal law 
enforcement agencies describing 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 agencies, and offices 
        of forensic medicine service providers 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 information on missing 
        persons and unidentified human remains.
SEC. 5. <<NOTE: 34 USC 40508.>>  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 describing 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 the process of information 
sharing between the NCIC database and NamUs databases.
SEC. 6. <<NOTE: 34 USC 40506 note.>>  DEFINITIONS.

    In this Act:
            (1) 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 
        in section 20.3 of title 28, Code of Federal Regulations.
            (2) FBI.--The term ``FBI'' means the Federal Bureau of 
        Investigation.
            (3) Forensic medicine service provider.--The term ``forensic 
        medicine service provider'' means a State or unit of local 
        government forensic medicine service provider having not fewer 
        than 1 part-time or full-time employed forensic pathologist, or 
        forensic pathologist under contract, who conducts medicolegal 
        death investigations, including examinations of human remains, 
        and who provides reports or opinion testimony with respect to 
        such activity in courts of law within the United States.
            (4) Forensic science service provider.--The term ``forensic 
        science service provider'' means a State or unit of local 
        government agency having not fewer than 1 full-time

[[Page 136 STAT. 4458]]

        analyst who examines physical evidence in criminal or 
        investigative matters and provides reports or opinion testimony 
        with respect to such evidence in courts in the United States.
            (5) Namus databases.--The term ``NamUs databases'' means the 
        National Missing and Unidentified Persons System Missing Persons 
        database and National Missing and Unidentified Persons System 
        Unidentified Decedents database maintained by the National 
        Institute of Justice of the Department of Justice, which serves 
        as a clearinghouse and resource center for missing, 
        unidentified, and unclaimed person cases.
            (6) NCIC database.--The term ``NCIC database'' means the 
        National Crime Information Center Missing Person File and 
        National Crime Information Center Unidentified Person File of 
        the National Crime Information Center database of the FBI, 
        established pursuant to section 534 of title 28, United States 
        Code.
            (7) Qualifying law enforcement agency defined.--The term 
        ``qualifying law enforcement agency'' means a State, local, or 
        Tribal law enforcement agency.
            (8) State.--The term ``State'' means any State of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Virgin Islands, American Samoa, Guam, and the 
        Commonwealth of the Northern Mariana Islands.

    Approved December 27, 2022.

LEGISLATIVE HISTORY--S. 5230:
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CONGRESSIONAL RECORD, Vol. 168 (2022):
            Dec. 8, considered and passed Senate.
            Dec. 14, considered and passed House.

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