II 117th CONGRESS 2d Session S. 5029 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Murphy (for himself, Mr. Cornyn , Mr. Tillis , Mr. Blumenthal , and Mr. Hoeven ) 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. Short title This Act may be cited as Billy’s Law or the Help Find the Missing Act . 2. 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) 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) 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) Authorization of appropriations There is authorized to be appropriated to carry out this section not more than a total of $7,000,000 for each of the fiscal years 2023 through 2028. (c) 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— (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) 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. (d) 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 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. 3. 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 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) All other Missing Person cases that have been active (non-cancelled) in NCIC for 180 days; (4) Unidentified person cases that have been active (non-cancelled) in NCIC for 60 days; (5) 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 (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. 4. Incentive grants program (a) Establishment (1) In general The Attorney General shall establish a program to provide grants to qualifying law enforcement agencies, forensic medicine service providers, forensic science service providers, 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. (2) Certification A statewide agency applying for a grant under this section shall certify that the agency will assist other State, local, and Tribal agencies in that State and, upon request, provide information required under subsection (b) in the format and within the timeframe under that subsection. No applicant may receive a grant in an amount greater than what the Attorney General determines necessary to perform its statewide responsibilities under this section. (b) Requirements (1) In general 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— (A) 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— (i) in the case of a missing person described in a category under subsection (e), at least the minimum information described in subsection (f)(1); and (ii) in the case of unidentified remains, at least the minimum information described in subsection (f)(2); (B) not later than 60 days after the original entry of the report, verify and update any original report entered into the State law enforcement system, the NCIC database, or NamUs databases after receipt of the grant with any additional information, including, to the greatest extent possible— (i) information on DNA profiles that have been uploaded to the National DNA Index System under subparagraph (E); (ii) fingerprints, medical and dental records, and photographs of any distinguishing characteristics such as scars, marks, tattoos, piercings, and other unique physical characteristics; (iii) in the case of unidentified remains, photographs or digital images that may assist in identifying the decedent, including fingerprint cards, radiographs, palmprints, and distinctive features of the decedent’s personal effects; and (iv) any other information determined to be appropriate by the Attorney General; and (C) not later than 180 days after such case is reported to the agency office and consistent with subsection (c), submit to the NamUs database (i) in the case of a missing person described in category under subsection (e), at least the minimum information described in subsection (f)(1); and (ii) in the case of unidentified remains, at least the minimum information described in subsection (f)(2); (D) not later than 30 days after entry into the NamUs database after receipt of the grant with any additional information, including, to the greatest extent possible— (i) information on DNA profiles that have been uploaded to National DNA Index Systems under subparagraph (C); (ii) fingerprints, medical dental records, and photographs of any distinguishing characteristics such as scars, marks, tattoos, piercings, and other unique physical characteristics; (iii) in the case of unidentified remains, photographs or digital images that may assist in identifying the decedent, including fingerprint cards, radiographs, palmprints, and distinctive features of the decedent’s personal effects; and (iv) any other information determined to be appropriate by the Attorney General; and (E) 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 FBI, established pursuant to section 210304 of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12592 ), either directly or through use of NamUs victims assistance resources and DNA collection services, DNA samples and information relating to such case. (2) Sharing of information For purposes of subparagraph (B), in the case of information a grant recipient authorizes to be transferred, entered, or shared under section 3 between the NCIC database and NamUs databases, any update to such information shall be made with respect to both databases unless specified otherwise by the recipient. (c) Submission of reports To satisfy subsection (b)(1)(A), a recipient of a grant under this section shall submit information required under such subsection to the NCIC database. (d) Clarification In no case may a recipient of a grant under this section use funds to enter or help facilitate the entrance of any false or misleading information about missing persons or unidentified remains. (e) Categories of missing persons The categories of missing persons described in this subsection are the following: (1) A missing person age 18 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— (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 catastrophe (such as an airplane crash or terrorist attack). (2) A missing person who does not meet the criteria described in paragraph (1) but who meets one of the following criteria: (A) There is a reasonable concern, as determined by an appropriate law enforcement entity, for the safety of the missing person. (B) The person is under age 21 and emancipated 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 full name, date of birth, gender or biological sex, race or ethnicity, height, weight, eye color, and hair color of the missing person. (B) If the missing person is American Indian or Alaska Native, any Tribal enrollment or affiliation information, or if the missing person is Native Hawaiian, the Native Hawaiian organization. (C) The date and location of the last known contact with the missing person, including the city, county, and State where the person went missing. (D) If the missing person was last seen on Tribal or Native Hawaiian land under the jurisdiction of the United States. (E) The category described in subsection (e) in which the missing person is classified. (F) Circumstances of the disappearance. (G) The law enforcement agency investigating the case, to include any name, case number, assigned investigator, and contact information. (2) Content for unidentified human remains The minimum information described in this section, with respect to unidentified human remains, is the following: (A) If possible, the estimated age, gender or biological sex, race or ethnicity, height, weight, hair color, and eye color. (B) If possible, any distinguishing characteristics such as scars, marks, tattoos, piercings, and other unique physical characteristics. (C) If possible, a description of clothing found on the decedent. (D) The city, county, or other locality and the State where the unidentified human remains were found. (E) If the remains were found on Tribal or Hawaiian Native land under the jurisdiction of the United States. (F) The forensic medicine service provider or Justice of the Peace with primary jurisdiction and legal authority over the remains. (G) The name of the lead law enforcement agency investigating the case, to include agency name, case number, assigned investigator, and contact information. (H) Information on the extent to which DNA samples are available, including the availability of such samples submitted to the National DNA Index System under subsection (b)(1)(C). (g) Administration The Attorney General shall prescribe requirements, including with respect to applications, for grants awarded under this section and shall determine 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 requirements promulgated by the Attorney General under section 3(c)(1)(A). (i) Annual summary For each of the fiscal years 2023 through 2027, the Attorney General shall publish an annual statistical summary of the reports required by subsection (c). (j) Funding (1) Matching requirement The Attorney General may not make a grant under subsection (a) unless the applicant involved agrees, with respect to the costs to be incurred by the applicant in carrying out the purposes described in this section, to make available non-Federal contributions (in cash or in kind) toward such costs in an amount equal to not less than $1 for each $2 of Federal funds provided in the grant. (2) Authorization of appropriations There is authorized to be appropriated to carry out this section $8,000,000 for each of the fiscal years 2023 through 2027. 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 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. 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 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— (1) the process of information sharing between the NCIC database and NamUs databases; and (2) the programs funded by grants awarded under section 4. 7. 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 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) Nam U s 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.