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Code · BILL · 117th Congress · S. 5029 (Introduced in Senate) — To authorize funding for, and increase accessibility to, the National Missing and Unidentified Persons System, to fac... · Sec. 4

Sec. 4. Incentive grants program

1,355 words·~6 min read·/bill/117/s/5029/is/section-4

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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. 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. 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— 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— 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 in the case of unidentified remains, at least the minimum information described in subsection (f)(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— information on DNA profiles that have been uploaded to the National DNA Index System under subparagraph (E); fingerprints, medical and dental records, and photographs of any distinguishing characteristics such as scars, marks, tattoos, piercings, and other unique physical characteristics; 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 any other information determined to be appropriate by the Attorney General; and not later than 180 days after such case is reported to the agency office and consistent with subsection (c), submit to the NamUs database in the case of a missing person described in category under subsection (e), at least the minimum information described in subsection (f)(1); and in the case of unidentified remains, at least the minimum information described in subsection (f)(2); 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— information on DNA profiles that have been uploaded to National DNA Index Systems under subparagraph (C); fingerprints, medical dental records, and photographs of any distinguishing characteristics such as scars, marks, tattoos, piercings, and other unique physical characteristics; 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 any other information determined to be appropriate by the Attorney General; and 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. 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. 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. 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. The categories of missing persons described in this subsection are the following: A missing person age 18 or older who— 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 is missing under circumstances that indicate, as determined by an appropriate law enforcement entity— that the person’s physical safety may be endangered; that the disappearance may not have been voluntary, such as abduction or kidnapping; or that the disappearance may have been caused by a natural disaster or catastrophe (such as an airplane crash or terrorist attack). A missing person who does not meet the criteria described in paragraph
(1)but who meets one of the following criteria: There is a reasonable concern, as determined by an appropriate law enforcement entity, for the safety of the missing person. The person is under age 21 and emancipated under the laws of the person’s State of residence. The minimum information described in this section, with respect to a missing person, is the following: The full name, date of birth, gender or biological sex, race or ethnicity, height, weight, eye color, and hair color of the missing person. 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. The date and location of the last known contact with the missing person, including the city, county, and State where the person went missing. If the missing person was last seen on Tribal or Native Hawaiian land under the jurisdiction of the United States. The category described in subsection
(e)in which the missing person is classified. Circumstances of the disappearance. The law enforcement agency investigating the case, to include any name, case number, assigned investigator, and contact information. The minimum information described in this section, with respect to unidentified human remains, is the following: If possible, the estimated age, gender or biological sex, race or ethnicity, height, weight, hair color, and eye color. If possible, any distinguishing characteristics such as scars, marks, tattoos, piercings, and other unique physical characteristics. If possible, a description of clothing found on the decedent. The city, county, or other locality and the State where the unidentified human remains were found. If the remains were found on Tribal or Hawaiian Native land under the jurisdiction of the United States. The forensic medicine service provider or Justice of the Peace with primary jurisdiction and legal authority over the remains. The name of the lead law enforcement agency investigating the case, to include agency name, case number, assigned investigator, and contact information. 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). 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. 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). 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). 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. There is authorized to be appropriated to carry out this section $8,000,000 for each of the fiscal years 2023 through 2027.
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Incentive grants program
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