1. U.S. Code
  2. title 34
  3. subtitle IV
  4. chapter 405
  5. § 40506

Collapse to view only § 40506. Authorization of the National Missing and Unidentified Persons System

§ 40501. Program authorized
(a) In general
(1) Grants authorized
(2) Eligible entities
Eligible entities described in this paragraph are the following:
(A) States and units of local government.
(B) Accredited, publicly funded, Combined DNA Index System (commonly known as “CODIS”) forensic laboratories, which demonstrate the grant funds will be used for DNA typing and uploading biological family DNA reference samples, including samples from foreign nationals, into CODIS, subject to the protocols for inclusion of such forensic DNA profiles into CODIS, and the privacy protections required under section 40502(c) of this title.
(C) Medical examiners offices.
(D) Accredited, publicly funded toxicology laboratories.
(E) Accredited, publicly funded crime laboratories.
(F) Publicly funded university forensic anthropology laboratories.
(G) Nonprofit organizations that have working collaborative agreements with State and county forensic offices, including medical examiners, coroners, and justices of the peace, for entry of data into CODIS or the National Missing and Unidentified Persons System (commonly known as “NamUs”), or both.
(Pub. L. 106–177, title II, § 202, as added Pub. L. 116–277, § 2(a)(1), Dec. 31, 2020, 134 Stat. 3368.)

CITE AS: 34 USC 40501

§ 40502. Eligibility
(a) Application
(b) Contents
Each such application shall include assurances that the applicant shall, to the greatest extent possible—
(1) report to the National Crime Information Center and, when possible, to law enforcement authorities throughout the applicant’s jurisdiction regarding every deceased unidentified person, regardless of age, found in the applicant’s jurisdiction;
(2) enter a complete profile of such unidentified person in compliance with the guidelines established by the Department of Justice for the National Crime Information Center Missing and Unidentified Persons File, including dental records, DNA records, x-rays, and fingerprints, if available;
(3) enter the National Crime Information Center number or other appropriate number assigned to the unidentified person on the death certificate of each such unidentified person;
(4) retain all such records pertaining to unidentified persons until a person is identified; and
(5) collect and report information to the National Missing and Unidentified Persons System (NamUs) regarding missing persons and unidentified remains.
(c) Privacy protections for biological family reference samples
(1) In general
(2) Limitation on use
(Pub. L. 106–177, title II, § 203, Mar. 10, 2000, 114 Stat. 36; Pub. L. 116–277, § 2(a)(2), Dec. 31, 2020, 134 Stat. 3369.)

CITE AS: 34 USC 40502

§ 40503. Use of funds
An applicant receiving a grant award under this chapter may use such funds to—
(1) pay for the costs incurred during or after fiscal year 2017 for the transportation, processing, identification, and reporting of missing persons and unidentified remains, including migrants;
(2) establish and expand programs developed to improve the reporting of unidentified persons in accordance with the assurances provided in the application submitted pursuant to section 40502(b) of this title;
(3) hire and maintain additional DNA case analysts and technicians, fingerprint examiners, forensic odontologists, and forensic anthropologists, needed to support such identification programs; and
(4) procure and maintain state of the art multi-modal, multi-purpose forensic and DNA-typing and analytical equipment.
(Pub. L. 106–177, title II, § 205, as added Pub. L. 116–277, § 2(a)(3), Dec. 31, 2020, 134 Stat. 3369.)

CITE AS: 34 USC 40503

§ 40504. Grants for the assistance of organizations to find missing adults
(a) In general
The Attorney General may make grants to public agencies or nonprofit private organizations, or combinations thereof, for programs—
(1) to assist law enforcement and families in locating missing adults;
(2) to maintain a national, interconnected database for the purpose of tracking missing adults who are determined by law enforcement to be endangered due to age, diminished mental capacity, or the circumstances of disappearance, when foul play is suspected or circumstances are unknown;
(3) to maintain statistical information of adults reported as missing;
(4) to provide informational resources and referrals to families of missing adults;
(5) to assist in public notification and victim advocacy related to missing adults; and
(6) to establish and maintain a national clearinghouse for missing adults.
(b) Regulations
(Pub. L. 106–468, title I, § 101, formerly § 2, Nov. 9, 2000, 114 Stat. 2027; renumbered title I, § 101, and amended Pub. L. 115–401, § 2(1)–(3), Dec. 31, 2018, 132 Stat. 5336.)

CITE AS: 34 USC 40504

§ 40505. Reporting on National Missing and Unidentified Persons System (NamUs) Program
Not later than 18 months after December 31, 2020, and every year thereafter, the Attorney General shall submit a report to the appropriate committees of Congress regarding—
(1) the number of unidentified person cases processed;
(2) CODIS associations and identifications;
(3) the number of anthropology cases processed;
(4) the number of suspected border crossing cases and associations made;
(5) the number of trials supported with expert testimony;
(6) the number of students trained and professions of those students; and
(7) the turnaround time and backlog.
(Pub. L. 116–277, § 4, Dec. 31, 2020, 134 Stat. 3370.)

CITE AS: 34 USC 40505

§ 40506. Authorization of the National Missing and Unidentified Persons System
(a) In generalThe Attorney General,1
1 So in original. The comma probably should not appear.
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) Permissible use of funds
(1) In generalThe 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.
(c) Amendments to the Crime Control Act of 1990 to require reports of missing children to NamUs
(1), (2) Omitted
(3) Effective date
(Pub. L. 117–327, § 2, Dec. 27, 2022, 136 Stat. 4454.)

CITE AS: 34 USC 40506

§ 40507. Information sharing
(a) Access to NCIC
(b) Electronic data sharing
Not later than 6 months after December 27, 2022, 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 December 27, 2022, 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.
(Pub. L. 117–327, § 3, Dec. 27, 2022, 136 Stat. 4456.)

CITE AS: 34 USC 40507

§ 40508. Report to Congress
(a) In general
(b) Contents
(Pub. L. 117–327, § 5, Dec. 27, 2022, 136 Stat. 4457.)

CITE AS: 34 USC 40508