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34 U.S.C. § 40507Information sharing

submitted 4 years ago by Pub. L. 117-327 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 381 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Attorney General must give NamUs access to NCIC missing-person records. Certain urgent cases, like child abductions, must transfer to NamUs within 72 hours. Other cases transfer later, and confidentiality rules will govern the shared data.

(a) Access to NCIC: Within 1 year of December 27, 2022, the Attorney General must give the National Institute of Justice -- or whoever it designates as grantee or contractor to run NamUs -- access to the NCIC's Missing Person and Unidentified Person files. This is so NamUs can validate cases and reconcile its data with NCIC's. (b) Electronic data sharing: Within 6 months of December 27, 2022, the Attorney General must finish assessing the NCIC and NamUs computer systems, laws, policies, and procedures, and propose a plan for automatically and securely sending missing- and unidentified-person records from NCIC to NamUs, on this schedule: (1) Child Abduction or Amber Alert cases: within 72 hours of entering NCIC. (2) Endangered or Involuntary missing person cases: within 30 days of entering NCIC. (3) All other missing person cases: after they've been active (not cancelled) in NCIC for 180 days. (4) Unidentified person cases: after they've been active (not cancelled) in NCIC for 60 days. (5) Once a case transfers to NamUs, NCIC marks it as transferred, and any later updates must reach NamUs within 24 hours. (c) Rules on confidentiality (1) In general: Within 1 year of December 27, 2022, the Attorney General -- working with the FBI Director -- must write rules, through notice and public comment, spelling out what information NamUs may access from NCIC's Missing Person and Unidentified Person files, or what may be transmitted from NCIC to NamUs. These rules must: (A) protect confidential, private, and law-enforcement-sensitive information in the NCIC files; and (B) specify when parts of that information may be kept out of the NamUs databases.
the actual law source: uscode.house.gov ↗public domain
(a) Access to NCIC

Not later than 1 year after December 27, 2022, 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 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.

Source credit: (Pub. L. 117–327, § 3, Dec. 27, 2022, 136 Stat. 4456.)

history & why it existsrecord from the source credit
  • 2022Enacted · Pub. L. 117-327 · 136 Stat. 4456

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-327 on 2022-12-27.

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