[House Report 111-416]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-416
======================================================================
HELP FIND THE MISSING ACT OR BILLY'S LAW
_______
February 22, 2010.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Conyers, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 3695]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the bill
(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,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
CONTENTS
Page
The Amendment.................................................... 2
Purpose and Summary.............................................. 6
Background and Need for the Legislation.......................... 6
Hearings......................................................... 7
Committee Consideration.......................................... 8
Vote of the Committee............................................ 8
Committee Oversight Findings..................................... 8
New Budget Authority and Tax Expenditures........................ 8
Congressional Budget Office Cost Estimate........................ 8
Performance Goals and Objectives................................. 10
Constitutional Authority Statement............................... 10
Advisory on Earmarks............................................. 11
Section-by-Section Analysis...................................... 11
Agency Views..................................................... 13
Changes in Existing Law Made by the Bill, as Reported............ 15
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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 authorized to maintain public
databases, known as the ``National Missing and Unidentified Persons
System'' or ``NamUs'', to contain missing persons records and
unidentified remains 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 Unidentified 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.
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 Attorney General shall, in accordance with
this section, provide for information on missing persons and
unidentified human remains contained in the NCIC database (as defined
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 one 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 enforcement
sensitive, confidential, and private information
contained in the NCIC files;
(B) be promulgated only after the Director approves
recommendations by the Advisory Policy Board of the
Criminal Justice Information Services Division of the
FBI;
(C) specify the circumstances in which portions of
information may be withheld from transfer, entry, or
sharing from the NCIC database to the NamUs databases;
and
(D) provide that once an authorized agency provides
an authorization to permit the transmission, entering,
or sharing of information (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 otherwise specified by
the agency.
(2) Submissions prior to online data entry format update.--
With respect to information submitted to the NCIC database
before the end of the 30-day period specified in subsection
(a), the Attorney General may solicit from appropriate
authorized agencies authorization 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 information 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 paragraph (1) shall include--
(i) an update to the NCIC database online
data entry format that States use in submitting
missing persons and unidentified remains
reports, including the addition of a new data
field allowing States, on behalf of the
authorized agency that originally 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
requirement that as a condition of
participating in the NCIC database, States must
update their missing persons and unidentified
remains collection processes from local and
tribal law enforcement, medical examiners, 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 authorization 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 methodology to authorize the
sharing of information between the NCIC database and
NamUs databases.
(d) Amendments to Title XXXVII of the Crime Control Act of 1990 to
Require Reports of Missing 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 the period and inserting the following: ``and,
consistent with section 3 (including rules promulgated pursuant
to section 3(b)) 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 (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 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 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 one 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 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 described 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 system, 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 availability of such
samples submitted to the National 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 characteristics;
(C) 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
(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 pursuant to section 210304 of the Violent Crime
Control and Law Enforcement Act of 1994, (either directly or
through use of NamUs victims assistance resources 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 NamUs databases, any update to
such information shall be simultaneously made with respect to both
databases unless specified otherwise by the recipient.
(c) Submission of Reports.--To satisfy subsection (b)(1), a recipient
of a grant under this section shall submit 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 reporting 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 relevant to
outsourcing the processing of unidentified remains and
the reporting of the resulting information to the NCIC
database and NamUs databases;
(C) to train local law enforcement personnel, 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 databases; and
(E) for other purposes consistent with the goals of
this section.
(2) 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 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--
(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 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 remains.--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 availability of such
samples submitted to the National DNA Index System
under subsection (b)(3).
(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(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 Defined.--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 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, 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 information 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 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.
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 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.
(c) 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 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 Commonwealth of Puerto Rico, the Virgin
Islands, American Samoa, Guam, and the Commonwealth of the Northern
Mariana Islands.
Purpose and Summary
The purpose of H.R. 3695 is to authorize funding for, and
increase accessibility to, the National Missing and
Unidentified Persons System (NamUs), to facilitate data sharing
between NAMUS and the National Crime Information Center (NCIC)
database of the Federal Bureau of Investigation (FBI), and to
provide incentive grants to help facilitate reporting to such
systems.
Background and Need for the Legislation
Every year, tens of thousands of Americans go missing and
are never found by their loved ones. An estimated 40,000
unidentified remains are located in medical examiners' and
coroners' offices, or were buried or cremated before being
identified. Information about these remains and missing persons
is often reported to the NCIC database and the NAMUS database.
These databases however, require adequate funding and better
facilitation of data sharing.
The FBI's National Crime Information Center (NCIC) is a
computerized index of information concerning crimes, criminals,
missing persons, and unidentified persons. Since 1975, the NCIC
has maintained records of missing persons (known as the Missing
Persons File) that are reported to the FBI by federal, State,
and local law enforcement agencies. The Missing Persons File
includes information about the gender, race, dental records,
and other characteristics of the missing individuals. Current
law requires records of missing children under age 18 to be
immediately entered into the Missing Persons File, as well as
information about missing adults aged 18 through 20 years.
However, law enforcement agencies are not mandated under
Federal law to submit missing persons records of adults over
the age of 21 into this database.
Since 1983, the NCIC has also maintained an Unidentified
Persons File, which consists of reports of unidentified
deceased persons, persons who are living but unable to
determine their identity, and unidentified catastrophe victims.
Nearly all of the entries in this database are for deceased
unidentified bodies; they include information about bodies in
various states, ranging from the recently deceased to skeletal
remains.
In 2007, the Justice Department's National Institute of
Justice (NIJ) established the National Missing and Unidentified
Persons System (NamUs). This online repository consists of a
database for missing persons and another for unidentified
remains. The critical difference between the NamUs databases
and the NCIC databases is that NCIC information is only
available to law enforcement agencies, while NamUs information
is available and searchable online by anyone, most notably the
families of the missing persons. The public may also contribute
information to the missing persons portion of NamUs.
The NamUs Missing Persons Database includes information
submitted by both law enforcement and members of the public.
Profiles of missing persons may include photographs and
information about the circumstances around their disappearance,
their dental records, DNA, physical appearance, and police
contact information, among other items. This database allows
members of the public, law enforcement, coroners, and medical
examiners to search the database based on these attributes.
The NamUs Unidentified Remains Database allows law
enforcement officials, medical examiners, and coroners to
submit information, including descriptive information about the
remains. The public may not enter information into this
database, but may search the files online (although only law
enforcement officials have access to certain information, such
as photographs). Website users may search based on factors such
as where the remains were found, physical characteristics,
dental information, and distinct body features.
H.R. 3695 will provide specific authorization for operation
and funding of the NamUs databases. The Attorney General is
directed to issue rules providing for and governing the sharing
of information in the NCIC databases with the NamUs databases,
and for the submission of new information from State and local
law enforcement agencies to the NCIC and NamUs databases.
H.R. 3695 also establishes a grant program for personnel,
technology, and training to help States submit data to the NCIC
and NamUs databases. These grants will provide incentives for
law enforcement agencies, coroners, and medical examiners to
enter information about missing persons and unidentified
remains into the databases. Additionally, H.R. 3695, extends
the reporting requirement, as a condition of receiving grants
under the bill, to missing adults cases and unidentified
remains cases.
To assist those in State and local government, H.R.3695
also requires the Department of Justice to issue two reports.
One report will be for law enforcement agencies, coroners, and
medical examiners concerning best practices for collecting and
reporting information about missing and unidentified persons.
The other report, to be submitted to Congress every 2 years,
will describe the status of the NCIC and NamUs databases.
Hearings
The Committee's Subcommittee on Crime, Terrorism, and
Homeland Security held 1 day of hearings on H.R. 3695, on
January 21, 2010. Testimony was received from five witnesses:
Congressman Christopher Murphy of Connecticut; Congressman Ted
Poe of Texas; Ms. Janice Smolinski of Cheshire, Connecticut;
Kristina Rose, Acting Director, National Institute of Justice,
Office of Justice Programs, United States Department of
Justice; and Stephen L. Morris, Deputy Assistant Director,
Criminal Justice Information Services Division, Federal Bureau
of Investigation.
Committee Consideration
On January 27, 2010, the Committee met in open session and
ordered the bill, H.R. 3695, favorably reported, with one
amendment, by a voice vote, a quorum being present.
Vote of the Committee
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during Committee consideration of H.R.
3695.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 3965, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 5, 2010.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3695, the Help
Find the Missing Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure
cc:
Honorable Lamar S. Smith.
Ranking Member
H.R. 3695--Help Find the Missing Act.
SUMMARY
H.R. 3695 would authorize the appropriation of $12.4
million annually over the 2011-2015 period for Department of
Justice (DOJ) programs and grants to improve the reporting and
recording of information relating to cases involving missing
persons and unidentified human remains. In addition, the bill
would direct DOJ to upgrade certain databases and prepare
reports relating to collecting and analyzing information on
missing persons and unidentified human remains.
Assuming appropriation of the necessary amounts, CBO
estimates that implementing H.R. 3695 would cost about $45
million over the 2011-2015 period. Enacting the bill would not
affect direct spending or revenues.
H.R. 3695 would expand an existing intergovernmental
mandate, as defined in the Unfunded Mandates Reform Act (UMRA),
that requires State and local law enforcement agencies to share
and update information about missing persons under the age of
21. CBO estimates that the costs for those agencies to comply
with the reporting requirement would be small and well below
the annual threshold for intergovernmental mandates established
in UMRA ($70 million in 2010, adjusted annually for inflation).
This bill contains no private-sector mandates as defined in
UMRA.
ESTIMATED COST TO THE FEDERAL GOVERNMENT
The estimated budgetary impact of H.R. 3695 is shown in the
following table. The costs of this legislation fall within
budget function 750 (administration of justice).
By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
2011 2012 2013 2014 2015 2011-2015
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level 13 12 12 12 12 63
Estimated Outlays 5 8 10 11 12 46
----------------------------------------------------------------------------------------------------------------
1Note: Numbers may not sum to totals because of rounding.
BASIS OF ESTIMATE
H.R. 3695 would authorize the appropriation of $2.4 million
annually over the 2011-2016 period for DOJ to maintain public
databases containing records relating to cases involving
missing persons and unidentified human remains. The bill also
would authorize the appropriation of $10 million annually over
the 2011-2015 period for DOJ to make grants to law enforcement
agencies, offices of medical examiners, and other agencies to
improve the reporting of information relating to cases
involving missing persons and unidentified human remains.
In addition, the bill would direct DOJ to share information
among departmental databases and prepare reports for law
enforcement agencies relating to collecting and analyzing data
on missing persons and unidentified human remains. Based on
information from the department, CBO estimates that it would
cost about $1 million in 2011 and less than $500,000 annually
thereafter to carry out those activities.
For this estimate, CBO assumes that H.R. 3695 will be
enacted during fiscal year 2010. We assume that the authorized
and estimated amounts will be appropriated near the start of
each fiscal year and that spending will follow the historical
spending patterns for similar activities.
ESTIMATED IMPACT ON STATE, LOCAL, AND TRIBAL GOVERNMENTS
H.R. 3695 would expand an existing intergovernmental
mandate, as defined in UMRA, that requires State and local law
enforcement agencies to share and update information about
missing persons under the age of 21. Under current law, those
entities are required to report that information to a Federal
database; therefore, CBO estimates that the costs for State and
local law enforcement agencies to comply with the additional
reporting requirement would be small and well below the annual
threshold for intergovernmental mandates established in UMRA
($70 million in 2010, adjusted annually for inflation).
The bill would authorize a grant for State and local
agencies to increase the amount of information about
unidentified remains and missing adults that is entered into
the public system. Assuming appropriation of authorized
amounts, those entities would receive $33 million over the
2011-2015 period. Any costs to those entities would be incurred
voluntarily as a condition of Federal assistance.
ESTIMATED IMPACT ON THE PRIVATE SECTOR
H.R. 3695 contains no private-sector mandates as defined in
UMRA.
ESTIMATE PREPARED BY:
Federal Costs: Mark Grabowicz
Impact on State, Local, and Tribal Governments: Melissa Merrell
Impact on the Private Sector: Marin Randall
ESTIMATE APPROVED BY:
Theresa Gullo
Deputy Assistant Director for Budget Analysis
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
3695 will strengthen and increase accessibility to Federal
databases containing information about missing persons and
unidentified remains.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article I, section 8, clause 3 of the
Constitution.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 3695 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.
Section-by-Section Analysis
Section 1. Short Title. This section sets forth the short
title of the bill as the ``Help Find the Missing Act'' or
``Billy's Law.''
Section 2. Authorization of the National Missing and
Unidentified Persons System (NamUs). This section authorizes
the Attorney General, through the Director of the National
Institute of Justice, to maintain the NamUs databases for
missing persons and unidentified remains, and requires that the
databases continue to operate as they currently do. The bill
would authorize $2.4 million for each of FY2011 through FY2016
to maintain NamUs.
Section 3. Sharing of Information Between NCIC and NamUs.
This section requires the Department of Justice, within 1 year
of enactment, to facilitate the sharing of information between
the FBI's NCIC Missing Person File and the Unidentified Person
File with NamUs. The online data entry format must be updated
to provide State criminal justice agencies, as well as offices
of medical examiners and coroners, the option to authorize the
submission of new information and data entered into one
database to be simultaneously submitted to the other. Within 30
days after the online data entry format is updated, the
Department, upon approval of the States, must transmit existing
data in the NCIC into NamUs, and transmit existing data in
NamUs into the NCIC. By 1 year after enactment, the Attorney
General, in consultation with the Director of the FBI, and the
Criminal Justice Information Services Advisory Policy Board,
shall promulgate rules specifying what law enforcement-
sensitive or confidential information entered into the NCIC may
not be shared with NamUs.
Section 3 also amends the National Child Search Assistance
Act of 1990 to require that reports of missing children
(defined currently in law as those individuals under age 21)
submitted to the NCIC also be submitted to NamUs. These changes
would apply to all reports, regardless of whether made before
or after the online data entry format is updated.
Section 4. Incentive Grants. This section establishes, not
later than 1 year after enactment, a program within the
Department of Justice to provide grants to law enforcement
agencies, medical examiners' and coroners' offices, and State
criminal justice agencies to facilitate the reporting process
of missing adults and unidentified remains to the connected
NCIC/NamUs databases. Grantees must report these cases to the
connected NCIC/NamUs databases within 72 hours. Not later than
60 days after the original entry of the report, grantees must,
to the greatest extent possible, submit DNA samples to the
National DNA Index System, and provide other information, such
as dental records or finger prints. This section authorizes $10
million for each fiscal year 2011 through 2015 to carry out
this program.
Section 5. Report on Best Practices. This section requires
the Attorney General to issue a report within 1 year after the
bill is enacted to offices of medical examiners; offices of
coroners; and federal, State, local, and tribal law enforcement
agencies. The report would describe best practices for
collecting, reporting, and analyzing data and information on
missing persons and unidentified remains. The best practices
would (1) provide an overview of the NCIC and NamUs databases;
(2) describe how local law enforcement agencies and offices of
medical examiners and coroners should access and use the
databases; (3) describe the appropriate and inappropriate uses
of the databases; and (4) describe the standards and protocols
for collecting, reporting, and analyzing information on missing
persons and unidentified remains.
Section 6. Report to Congress. This section would require
the Attorney General to issue a report within 1 year after the
bill is enacted, and biennially thereafter, to the House and
Senate Judiciary Committees. The report would describe the
status of the databases, including information on the process
of sharing between the databases and the programs funded by the
incentive grant program.
Section 7. Definitions. This section provides definitions
for various terms.
Agency Views
__________
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
CRIME CONTROL ACT OF 1990
* * * * * * *
TITLE XXXVII--NATIONAL CHILD SEARCH ASSISTANCE ACT OF 1990
SEC. 3701. REPORTING REQUIREMENT.
(a) In General.--Each Federal, State, and local law
enforcement agency shall report each case of a missing child
under the age of 21 reported to such agency to the National
Crime Information Center of the Department of Justice[.] and,
consistent with section 3 (including rules promulgated pursuant
to section 3(b)) 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 (as defined in
section 7 of such Act).
* * * * * * *
SEC. 3702. STATE REQUIREMENTS.
Each State reporting under the provisions of this title
shall--
(1) * * *
(2) ensure that no law enforcement agency within the
State establishes or maintains any policy that requires
the removal of a missing person entry from its State
law enforcement system [or the National Crime
Information Center computer database], the National
Crime Information Center computer database, or the
NamUs databases (as defined in section 7 of the Help
Find the Missing Act) based solely on the age of the
person; and
(3) provide that each such report and all necessary
and available information, which, with respect to each
missing child report, shall include--
(A) * * *
* * * * * * *
is entered within 2 hours of receipt into the State law
enforcement system [and the National Crime Information
Center computer networks], the National Crime
Information Center computer networks, and the NamUs
databases (as so defined) and made available to the
Missing Children Information Clearinghouse within the
State or other agency designated within the State to
receive such reports; and
(4) provide that after receiving reports as provided
in paragraph (2), the law enforcement agency that
entered the report into the National Crime Information
Center or the NamUs databases shall--
(A) no later than 60 days after the original
entry of the record into the State law
enforcement system [and National Crime
Information Center computer networks], National
Crime Information Center computer networks, and
the NamUs databases, verify and update such
record with any additional information,
including, where available, medical and dental
records;
* * * * * * *