34 U.S.C. § 40502 — Eligibility

Page 601 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 40502 acted section 552a of Title 5, Government Organization and Employees, and provisions set out as notes under section 552a of Title 5. For complete classification of this Act to the Code, see Short Title note set out under section 552a of Title 5 and Tables. The Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973, referred to in Art. VIII(c), is Pub. L. 92–544, Oct. 25, 1972, 86 Stat. 1109. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 14616 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2022—Art. VIII(a). Pub. L. 117–286 substituted ‘‘chap- ter 10 of title 5’’ for ‘‘the Federal Advisory Committee Act (5 U.S.C. App.)’’. CHAPTER 405—REPORTING OF UNIDENTIFIED AND MISSING PERSONS Sec. 40501. Program authorized. 40502. Eligibility. 40503. Use of funds. 40504. Grants for the assistance of organizations to find missing adults. 40505. Reporting on National Missing and Unidenti- fied Persons System (NamUs) Program. 40506. Authorization of the National Missing and Unidentified Persons System. 40507. Information sharing. 40508. Report to Congress. § 40501. Program authorized (a) In general (1) Grants authorized The Attorney General may award grants to eligible entities described in paragraph (2) to enable the eligible entities to improve the transportation, processing, identification, and reporting of missing persons and unidentified remains, including migrants. (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 dem- onstrate 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 foren- sic 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 lab- oratories. (F) Publicly funded university forensic an- thropology 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 Per- sons 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.) Editorial Notes PRIOR PROVISIONS A prior section 40501, Pub. L. 106–177, title II, § 202, Mar. 10, 2000, 114 Stat. 36, authorized Attorney General to provide grant awards to States to enable States to improve the reporting of unidentified and missing per- sons, prior to repeal by Pub. L. 116–277, § 2(a)(1), Dec. 31, 2020, 134 Stat. 3368. Such section was formerly classified to section 14661 of Title 42, The Public Health and Wel- fare, prior to editorial reclassification and renumbering as section 40501. Statutory Notes and Related Subsidiaries SHORT TITLE For short title of title II of Pub. L. 106–177, which is classified to this chapter, as ‘‘Jennifer’s Law’’, see sec- tion 201 of Pub. L. 106–177, set out as a Short Title of 2000 Act note under section 10101 of this title. § 40502. Eligibility (a) Application To be eligible to receive a grant award under this chapter, an entity described in section 40501 of this title shall submit an application at such time and in such form as the Attorney General may reasonably require. (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 juris- diction regarding every deceased unidentified person, regardless of age, found in the appli- cant’s jurisdiction; (2) enter a complete profile of such unidenti- fied person in compliance with the guidelines established by the Department of Justice for the National Crime Information Center Miss- ing and Unidentified Persons File, including dental records, DNA records, x-rays, and fin- gerprints, 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 per- son; (4) retain all such records pertaining to un- identified persons until a person is identified; and (5) collect and report information to the Na- tional Missing and Unidentified Persons Sys- tem (NamUs) regarding missing persons and unidentified remains. (c) Privacy protections for biological family ref- erence samples (1) In general Any suspected biological family DNA ref- erence samples received from citizens of the United States or foreign nationals and uploaded into the Combined DNA Index Sys- Page 602 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 40503 1 See References in Text note below. tem (commonly referred to as ‘‘CODIS’’) by an accredited, publicly funded CODIS forensic laboratory awarded a grant under this section may be used only for identifying missing per- sons and unidentified remains. (2) Limitation on use Any biological family DNA reference sam- ples from citizens of the United States or for- eign nationals entered into CODIS for pur- poses of identifying missing persons and un- identified remains may not be disclosed to a Federal or State law enforcement agency for law enforcement purposes. (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.) Editorial Notes CODIFICATION Section was formerly classified to section 14662 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2020—Subsec. (a). Pub. L. 116–277, § 2(a)(2)(A), sub- stituted ‘‘an entity described in section 40501 of this title’’ for ‘‘a State’’. Subsec. (b). Pub. L. 116–277, § 2(a)(2)(B)(i), substituted ‘‘applicant’’ for ‘‘State’’ in introductory provisions. Subsec. (b)(1). Pub. L. 116–277, § 2(a)(2)(B)(ii), added par. (1) and struck out former par. (1) which read as fol- lows: ‘‘report to the National Crime Information Center and when possible, to law enforcement authorities throughout the State regarding every deceased uniden- tified person, regardless of age, found in the State’s ju- risdiction;’’. Subsec. (b)(5). Pub. L. 116–277, § 2(a)(2)(B)(iii)–(v), added par. (5). Subsec. (c). Pub. L. 116–277, § 2(a)(2)(C), added subsec. (c). § 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, proc- essing, identification, and reporting of missing persons and unidentified remains, including migrants; (2) establish and expand programs developed to improve the reporting of unidentified per- sons in accordance with the assurances pro- vided in the application submitted pursuant to section 40502(b) of this title; (3) hire and maintain additional DNA case analysts and technicians, fingerprint exam- iners, forensic odontologists, and forensic an- thropologists, needed to support such identi- fication 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.) Editorial Notes PRIOR PROVISIONS A prior section 40503, Pub. L. 106–177, title II, § 204, Mar. 10, 2000, 114 Stat. 36, related to uses of funds that a State received to establish or expand programs devel- oped to improve the reporting of unidentified persons, prior to repeal by Pub. L. 116–277, § 2(a)(3), Dec. 31, 2020, 134 Stat. 3369. Such section was formerly classified to section 14663 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as section 40503. § 40504. Grants for the assistance of organiza- tions to find missing adults (a) In general The Attorney General may make grants to public agencies or nonprofit private organiza- tions, 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 men- tal capacity, or the circumstances of dis- appearance, when foul play is suspected or cir- cumstances 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 The Attorney General may make such rules and regulations as may be necessary to carry out this title.1 (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.) Editorial Notes REFERENCES IN TEXT This title, referred to in subsec. (b), is title I of Pub. L. 106–468, Nov. 9, 2000, 114 Stat. 2027, which enacted this section and provisions set out as a note under this sec- tion. For complete classification of title I to the Code, see Tables. CODIFICATION Section was enacted as part of Kristen’s Act, and not as part of Jennifer’s Law which comprises this chapter. Section was formerly classified to section 14665 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2018—Subsec. (b). Pub. L. 115–401 substituted ‘‘this title’’ for ‘‘this Act’’. Statutory Notes and Related Subsidiaries AUTHORIZATION OF FUNDING Pub. L. 106–468, title I, § 102, formerly § 3, Nov. 9, 2000, 114 Stat. 2028, renumbered title I, § 102, and amended by Pub. L. 115–401, § 2(1), (2), (4), Dec. 31, 2018, 132 Stat. 5336; Pub. L. 116–277, § 2(b), Dec. 31, 2020, 134 Stat. 3370, pro- vided that: ‘‘To the extent provided in advance in ap- propriations Acts, the Attorney General is authorized to use funds appropriated for the operationalization,