[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 465 Reported in Senate (RS)]
<DOC>
Calendar No. 559
118th CONGRESS
2d Session
S. 465
[Report No. 118-244]
To require Federal law enforcement agencies to report on cases of
missing or murdered Indians, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Ms. Cortez Masto (for herself, Mr. Hoeven, and Mr. Rounds) introduced
the following bill; which was read twice and referred to the Committee
on Indian Affairs
November 18, 2024
Reported by Mr. Schatz, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To require Federal law enforcement agencies to report on cases of
missing or murdered Indians, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Bridging
Agency Data Gaps and Ensuring Safety for Native Communities Act'' or
the ``BADGES for Native Communities Act''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
<DELETED>TITLE I--BRIDGING AGENCY DATA GAPS
<DELETED>Sec. 101. National Missing and Unidentified Persons System
Tribal facilitator.
<DELETED>Sec. 102. Report on Indian country law enforcement personnel
resources and need.
<DELETED>TITLE II--ENSURING SAFETY FOR NATIVE COMMUNITIES
<DELETED>Sec. 201. Demonstration program on Bureau of Indian Affairs
law enforcement employment background
checks.
<DELETED>Sec. 202. Missing and murdered response coordination grant
program.
<DELETED>Sec. 203. GAO study on Federal law enforcement agency evidence
collection, handling, and processing.
<DELETED>Sec. 204. Bureau of Indian Affairs and Tribal law enforcement
officer counseling resources
interdepartmental coordination.
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Death investigation.--The term ``death
investigation'' has the meaning determined by the Attorney
General.</DELETED>
<DELETED> (2) Death investigation of interest to indian
tribes.--The term ``death investigation of interest to Indian
Tribes'' means a case involving--</DELETED>
<DELETED> (A) a death investigation into the death
of an Indian; or</DELETED>
<DELETED> (B) a death investigation of a person
found on, in, or adjacent to Indian land or a
Village.</DELETED>
<DELETED> (3) Director.--The term ``Director'' means the
Director of the Office of Justice Services.</DELETED>
<DELETED> (4) Federal law enforcement agency.--The term
``Federal law enforcement agency'' means the Bureau of Indian
Affairs direct-service police, the Federal Bureau of
Investigation, and any other Federal law enforcement agency
that--</DELETED>
<DELETED> (A) has jurisdiction over crimes in Indian
country; or</DELETED>
<DELETED> (B) investigates missing persons cases of
interest to Indian Tribes, death investigations of
interest to Indian Tribes, unclaimed remains cases of
interest to Indian Tribes, or unidentified remains
cases of interest to Indian Tribes.</DELETED>
<DELETED> (5) Indian.--The term ``Indian'' has the meaning
given the term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304).</DELETED>
<DELETED> (6) Indian country.--The term ``Indian country''
has the meaning given the term in section 1151 of title 18,
United States Code.</DELETED>
<DELETED> (7) Indian land.--The term ``Indian land'' has the
meaning given the term ``Indian lands'' in section 3 of the
Native American Business Development, Trade Promotion, and
Tourism Act of 2000 (25 U.S.C. 4302).</DELETED>
<DELETED> (8) Indian tribe.--The term ``Indian Tribe'' has
the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304).</DELETED>
<DELETED> (9) Missing.--The term ``missing'' has the meaning
determined by the Attorney General.</DELETED>
<DELETED> (10) Missing persons case of interest to indian
tribes.--The term ``missing persons case of interest to Indian
Tribes'' means a case involving--</DELETED>
<DELETED> (A) a missing Indian; or</DELETED>
<DELETED> (B) a missing person whose last known
location is believed to be on, in, or adjacent to
Indian land or a Village.</DELETED>
<DELETED> (11) National crime information databases.--The
term ``national crime information databases'' has the meaning
given the term in section 534(f)(3) of title 28, United States
Code.</DELETED>
<DELETED> (12) Relevant tribal organization.--The term
``relevant Tribal organization'' means, as applicable--
</DELETED>
<DELETED> (A) a tribal organization or an urban
Indian organization; and</DELETED>
<DELETED> (B) a national or regional organization
that--</DELETED>
<DELETED> (i) represents a substantial
Indian constituency; and</DELETED>
<DELETED> (ii) has expertise in the fields
of--</DELETED>
<DELETED> (I) human trafficking of
Indians;</DELETED>
<DELETED> (II) human trafficking on
Indian land or in a Village;</DELETED>
<DELETED> (III) violence against
Indian women and children; or</DELETED>
<DELETED> (IV) tribal justice
systems.</DELETED>
<DELETED> (13) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED> (14) Sexual assault case of interest to indian
tribes.--The term ``sexual assault case of interest to Indian
Tribes'' means a case involving an allegation of a felony under
chapter 109A or 110 of title 18, United States Code, committed
against an Indian by another Indian or a non-Indian.</DELETED>
<DELETED> (15) Tribal justice official.--The term ``tribal
justice official'' has the meaning given the term in section 2
of the Indian Law Enforcement Reform Act (25 U.S.C.
2801).</DELETED>
<DELETED> (16) Tribal organization.--The term ``tribal
organization'' has the meaning given the term in section 4 of
the Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).</DELETED>
<DELETED> (17) Unclaimed remains case of interest to indian
tribes.--The term ``unclaimed remains case of interest to
Indian Tribes'' means a case involving--</DELETED>
<DELETED> (A) unclaimed Indian remains; or</DELETED>
<DELETED> (B) unclaimed remains found on, in, or
adjacent to Indian land or a Village.</DELETED>
<DELETED> (18) Unidentified remains case of interest to
indian tribes.--The term ``unidentified remains case of
interest to Indian Tribes'' means a case involving--</DELETED>
<DELETED> (A) unidentified Indian remains;
or</DELETED>
<DELETED> (B) unidentified remains found on, in, or
adjacent to Indian land or a Village.</DELETED>
<DELETED> (19) Urban indian organization.--The term ``urban
Indian organization'' has the meaning given the term in section
4 of the Indian Health Care Improvement Act (25 U.S.C.
1603).</DELETED>
<DELETED> (20) Village.--The term ``Village'' means the
Alaska Native Village Statistical Area covering all or any
portion of a Native village (as defined in section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602)), as
depicted on the applicable Tribal Statistical Area Program
Verification Map of the Bureau of the Census.</DELETED>
<DELETED>TITLE I--BRIDGING AGENCY DATA GAPS</DELETED>
<DELETED>SEC. 101. NATIONAL MISSING AND UNIDENTIFIED PERSONS SYSTEM
TRIBAL FACILITATOR.</DELETED>
<DELETED> (a) Appointment.--The Attorney General, acting through the
Director of the National Institute of Justice, shall appoint 1 or more
Tribal facilitators for the National Missing and Unidentified Persons
System.</DELETED>
<DELETED> (b) Duties.--The duties of a Tribal facilitator appointed
under subsection (a) shall include--</DELETED>
<DELETED> (1) coordinating the reporting of information
relating to missing persons cases of interest to Indian Tribes,
unclaimed remains cases of interest to Indian Tribes, and
unidentified remains cases of interest to Indian
Tribes;</DELETED>
<DELETED> (2) consulting and coordinating with Indian Tribes
and relevant Tribal organizations to address the reporting,
documentation, and tracking of missing persons cases of
interest to Indian Tribes, unclaimed remains cases of Interest
to Indian Tribes, and unidentified remains cases of interest to
Indian Tribes;</DELETED>
<DELETED> (3) developing working relationships, and
maintaining communication, with Indian Tribes and relevant
Tribal organizations;</DELETED>
<DELETED> (4) providing technical assistance and training to
Indian Tribes and relevant Tribal organizations, victim service
advocates, medical examiners, coroners, and tribal justice
officials regarding--</DELETED>
<DELETED> (A) the gathering and reporting of
information to the National Missing and Unidentified
Persons System; and</DELETED>
<DELETED> (B) working with non-Tribal law
enforcement agencies to ensure missing persons cases of
interest to Indian Tribes, unclaimed remains cases of
interest to Indian Tribes, and unidentified remains
cases of interest to Indian Tribes are reported to the
National Missing and Unidentified Persons
System;</DELETED>
<DELETED> (5) coordinating with the Office of Tribal
Justice, the Office of Justice Services, the Executive Office
for United States Attorneys, and the National Indian Country
Training Initiative, as necessary; and</DELETED>
<DELETED> (6) conducting other training, information
gathering, and outreach activities to improve resolution of
missing persons cases of interest to Indian Tribes, unclaimed
remains cases of interest to Indian Tribes, and unidentified
remains cases of interest to Indian Tribes.</DELETED>
<DELETED> (c) Reporting and Transparency.--</DELETED>
<DELETED> (1) Annual reports to congress.--During the 3-
year-period beginning on the date of enactment of this Act, the
Attorney General, acting through the Director of the National
Institute of Justice, shall submit to the Committees on Indian
Affairs, the Judiciary, and Appropriations of the Senate and
the Committees on Natural Resources, the Judiciary, and
Appropriations of the House of Representatives an annual
report--</DELETED>
<DELETED> (A) describing the activities and
accomplishments of the 1 or more Tribal facilitators
appointed under subsection (a) during the 1-year period
preceding the date of the report; and</DELETED>
<DELETED> (B) summarizing--</DELETED>
<DELETED> (i) the number of missing persons
cases of interest to Indian Tribes, unclaimed
remains cases of interest to Indian Tribes, and
unidentified remains cases of interest to
Indian Tribes that the Tribal facilitator can
identify in the National Missing and
Unidentified Persons System; and</DELETED>
<DELETED> (ii) the percentage of missing
persons cases of interest to Indian Tribes,
unclaimed remains cases of interest to Indian
Tribes, and unidentified remains cases of
interest to Indian Tribes closed during the 1-
year period preceding the date of the report
that the Tribal facilitator can identify in the
National Missing and Unidentified Persons
System.</DELETED>
<DELETED> (2) Public transparency.--Annually, the Attorney
General, acting through the Director of the National Institute
of Justice, shall publish on a website publicly accessible
information--</DELETED>
<DELETED> (A) describing the activities and
accomplishments of the 1 or more Tribal facilitators
appointed under subsection (a) during the 1-year period
preceding the date of the publication; and</DELETED>
<DELETED> (B) summarizing--</DELETED>
<DELETED> (i) the number of missing persons
cases of interest to Indian Tribes, unclaimed
remains cases of interest to Indian Tribes, and
unidentified remains cases of interest to
Indian Tribes that the Tribal facilitator can
identify in the National Missing and
Unidentified Persons System; and</DELETED>
<DELETED> (ii) the percentage of missing
persons cases of interest to Indian Tribes,
unclaimed remains cases of interest to Indian
Tribes, and unidentified remains cases of
interest to Indian Tribes closed during the 1-
year period preceding the date of the report
that the Tribal facilitator can identify in the
National Missing and Unidentified Persons
System.</DELETED>
<DELETED>SEC. 102. REPORT ON INDIAN COUNTRY LAW ENFORCEMENT PERSONNEL
RESOURCES AND NEED.</DELETED>
<DELETED> (a) Department of the Interior Office of Justice
Services.--Section 3(c)(16) of the Indian Law Enforcement Reform Act
(25 U.S.C. 2802(c)(16)) is amended by striking subparagraph (C) and
inserting the following:</DELETED>
<DELETED> ``(C) a list of the unmet--</DELETED>
<DELETED> ``(i) staffing needs of law
enforcement, corrections, and court personnel,
including criminal investigators, medical
examiners, coroners, forensic technicians,
indigent defense staff, and prosecution staff,
at tribal and Bureau of Indian Affairs justice
agencies;</DELETED>
<DELETED> ``(ii) replacement and repair
needs of tribal and Bureau of Indian Affairs
corrections facilities;</DELETED>
<DELETED> ``(iii) infrastructure and capital
needs for tribal police and court facilities,
including evidence storage and processing;
and</DELETED>
<DELETED> ``(iv) public safety and emergency
communications and technology needs;
and''.</DELETED>
<DELETED> (b) Department of Justice.--</DELETED>
<DELETED> (1) Definition of department of justice law
enforcement agency.--In this subsection, the term ``Department
of Justice law enforcement agency'' means each of--</DELETED>
<DELETED> (A) the Federal Bureau of
Investigation;</DELETED>
<DELETED> (B) the Drug Enforcement
Administration;</DELETED>
<DELETED> (C) the United States Marshals
Service;</DELETED>
<DELETED> (D) the Bureau of Alcohol, Tobacco,
Firearms and Explosives; and</DELETED>
<DELETED> (E) the Offices of the United States
Attorneys.</DELETED>
<DELETED> (2) Annual report.--Each fiscal year, the Attorney
General shall submit to the Committees on Indian Affairs, the
Judiciary, and Appropriations of the Senate and the Committees
on Natural Resources, the Judiciary, and Appropriations of the
House of Representatives a report describing for that fiscal
year--</DELETED>
<DELETED> (A) the number of full-time employees of
each Department of Justice law enforcement agency that
are assigned to work on criminal investigations and
prosecutions in Indian country; and</DELETED>
<DELETED> (B) the percentage of time the full-
employees spend specifically working in Indian
country.</DELETED>
<DELETED> (3) GAO study and report.--</DELETED>
<DELETED> (A) Study.--</DELETED>
<DELETED> (i) In general.--Not later than 18
months after the date on which the first annual
report is submitted under paragraph (2), the
Comptroller General of the United States shall
conduct a study that examines any identified
unmet staffing needs for Department of Justice
law enforcement agencies tasked with work on
criminal investigations and prosecutions in
Indian country.</DELETED>
<DELETED> (ii) Requirement.--In conducting
the study required under clause (i), the
Comptroller General of the United States shall
take into account the results of the most
recent report, as of the date of enactment of
this Act, relating to Indian country
investigations and prosecutions prepared by the
Attorney General pursuant to section 10(b) of
the Indian Law Enforcement Reform Act (25
U.S.C. 2809(b)).</DELETED>
<DELETED> (B) Report.--On completion of the study
under subparagraph (A), the Comptroller General of the
United States shall submit to the Committees on Indian
Affairs, the Judiciary, and Appropriations of the
Senate and the Committees on Natural Resources, the
Judiciary, and Appropriations of the House of
Representatives a report that describes the results of
the study, including, as appropriate, proposals for
methods by which the Department of Justice can better
measure the unmet staffing needs for Department of
Justice law enforcement agencies tasked with work on
criminal investigations and prosecutions in Indian
country.</DELETED>
<DELETED>TITLE II--ENSURING SAFETY FOR NATIVE COMMUNITIES</DELETED>
<DELETED>SEC. 201. DEMONSTRATION PROGRAM ON BUREAU OF INDIAN AFFAIRS
LAW ENFORCEMENT EMPLOYMENT BACKGROUND CHECKS.</DELETED>
<DELETED> (a) Establishment of Program.--</DELETED>
<DELETED> (1) In general.--The Secretary shall establish a
demonstration program for the purpose of conducting or
adjudicating, in coordination with the Director of the Bureau
of Indian Affairs, personnel background investigations for
applicants for law enforcement positions in the Bureau of
Indian Affairs.</DELETED>
<DELETED> (2) Background investigations and security
clearance determinations.--</DELETED>
<DELETED> (A) BIA investigations.--As part of the
demonstration program established under paragraph (1),
the Secretary may carry out a background investigation,
security clearance determination, or both a background
investigation and a security clearance determination
for an applicant for a law enforcement position in the
Bureau of Indian Affairs.</DELETED>
<DELETED> (B) Use of previous investigations and
determinations.--</DELETED>
<DELETED> (i) In general.--Subject to clause
(ii), as part of the demonstration program
established under paragraph (1), the Secretary,
in adjudicating background investigations for
applicants for law enforcement positions in the
Bureau of Indian Affairs, shall consider
previous background investigations for an
applicant, security clearance determinations
for an applicant, or both background
investigations and security clearance
determinations for an applicant, as the case
may be, that have been conducted by a State or
local government, Indian Tribe, tribal
organization, or the Bureau of Indian Affairs,
within the 5-year period preceding the
application for employment with the Bureau of
Indian Affairs.</DELETED>
<DELETED> (ii) Quality.--The Secretary shall
only consider previous background
investigations and security clearance
determinations for an applicant that have been
conducted by a State or local government,
Indian Tribe, or tribal organization if the
Secretary can verify that those previous
investigations and determinations, as the case
may be, are of a comparable quality and
thoroughness to investigations and
determinations carried out by the Bureau of
Indian Affairs, the Office of Personnel
Management, or another Federal
agency.</DELETED>
<DELETED> (iii) Additional investigation.--
If, as described in clause (i), the Secretary
considers an existing background investigation,
security clearance determination, or both, as
the case may be, for an applicant that has been
carried out by a State or local government,
Indian Tribe, tribal organization, or the
Bureau of Indian Affairs, the Secretary--
</DELETED>
<DELETED> (I) may carry out
additional investigation and
examination of the applicant if the
Secretary determines that such
additional information is needed in
order to make an appropriate
determination as to the character and
trustworthiness of the applicant before
final adjudication can be made and a
security clearance can be issued;
and</DELETED>
<DELETED> (II) shall not initiate a
new background investigation process
with the National Background
Investigations Bureau or other Federal
agency unless that new background
investigation process covers a period
of time that was not covered by a
previous background investigation
process.</DELETED>
<DELETED> (iv) Agreements.--The Secretary
may enter into a Memorandum of Agreement with a
State or local government, Indian Tribe, or
tribal organization to develop steps to
expedite the process of receiving and obtaining
access to background investigation and security
clearance determinations for use in the
demonstration program.</DELETED>
<DELETED> (3) Sunset.--The demonstration program established
under paragraph (1) shall terminate 5 years after the date of
the commencement of the demonstration program.</DELETED>
<DELETED> (b) Sufficiency.--Notwithstanding any other provision of
law, a background investigation conducted or adjudicated by the
Secretary pursuant to the demonstration program authorized under
subsection (a) that results in the granting of a security clearance to
an applicant for a law enforcement position in the Bureau of Indian
Affairs shall be sufficient to meet the applicable requirements of the
Office of Personnel Management or other Federal agency for such
investigations.</DELETED>
<DELETED> (c) Annual Report.--The Secretary shall submit to the
Committees on Indian Affairs, the Judiciary, and Appropriations of the
Senate and the Committees on Natural Resources, the Judiciary, and
Appropriations of the House of Representatives an annual report on the
demonstration program established under subsection (a)(1), which shall
include a description of--</DELETED>
<DELETED> (1) the demonstration program and any relevant
annual changes or updates to the program;</DELETED>
<DELETED> (2) the number of background investigations
carried out under the program;</DELETED>
<DELETED> (3) the costs, including any cost savings,
associated with the investigation and adjudication process
under the program;</DELETED>
<DELETED> (4) the processing times for the investigation and
adjudication processes under the program;</DELETED>
<DELETED> (5) any Memoranda of Agreement entered into with
State or local government, Indian Tribe, or tribal
organization; and</DELETED>
<DELETED> (6) any other information that the Secretary
determines to be relevant.</DELETED>
<DELETED> (d) GAO Study and Report.--</DELETED>
<DELETED> (1) Initial report.--Not later than 18 months
after the date on which the demonstration program established
under subsection (a)(1) commences, the Comptroller General of
the United States shall prepare and submit to Congress an
initial report on such demonstration program.</DELETED>
<DELETED> (2) Final report.--Not later than 18 months after
the date on which the demonstration program terminates under
subsection (a)(3), the Comptroller General of the United States
shall prepare and submit to Congress a final report on such
demonstration program.</DELETED>
<DELETED> (3) Tribal input.--In preparing the reports under
this subsection, the Comptroller General of the United States
shall obtain input from Indian Tribes regarding the
demonstration program under this section.</DELETED>
<DELETED>SEC. 202. MISSING AND MURDERED RESPONSE COORDINATION GRANT
PROGRAM.</DELETED>
<DELETED> (a) Establishment of Grant Program.--The Attorney General
shall establish within the Office of Justice Programs a grant program
under which the Attorney General shall make grants to eligible entities
described in subsection (b) to carry out eligible activities described
in subsection (c).</DELETED>
<DELETED> (b) Eligible Entities.--</DELETED>
<DELETED> (1) In general.--To be eligible to receive a grant
under the grant program established under subsection (a) an
entity shall be--</DELETED>
<DELETED> (A) an Indian Tribe;</DELETED>
<DELETED> (B) a relevant Tribal
organization;</DELETED>
<DELETED> (C) subject to paragraph (2), a State, in
consortium with--</DELETED>
<DELETED> (i) 1 or more Indian Tribes;
and</DELETED>
<DELETED> (ii) relevant Tribal
organizations, if any;</DELETED>
<DELETED> (D) a consortium of 2 or more Indian
Tribes or relevant Tribal organizations; or</DELETED>
<DELETED> (E) subject to paragraph (2), a consortium
of 2 or more States in consortium with--</DELETED>
<DELETED> (i) 1 or more Indian Tribes;
and</DELETED>
<DELETED> (ii) relevant Tribal
organizations, if any.</DELETED>
<DELETED> (2) State eligibility.--To be eligible under
subparagraph (C) or (E) of paragraph (1), a State shall
demonstrate to the satisfaction of the Attorney General that
the State--</DELETED>
<DELETED> (A)(i) reports missing persons cases in
the State to the national crime information databases;
or</DELETED>
<DELETED> (ii) if not, has a plan to do so using a
grant received under the grant program established
under subsection (a); and</DELETED>
<DELETED> (B) if data sharing between the State and
the Indian Tribes and relevant Tribal organizations
with which the State is in consortium is part of the
intended use of the grant received under the grant
program established under subsection (a), has entered
into a memorandum of understanding with each applicable
Indian Tribe and relevant Tribal
organization.</DELETED>
<DELETED> (c) Eligible Activities.--An eligible entity receiving a
grant under the grant program established under subsection (a) may use
the grant--</DELETED>
<DELETED> (1) to establish a statewide or regional center--
</DELETED>
<DELETED> (A) to document and track--</DELETED>
<DELETED> (i) missing persons cases of
interest to Indian Tribes;</DELETED>
<DELETED> (ii) sexual assault cases of
interest to Indian Tribes; and</DELETED>
<DELETED> (iii) death investigations of
interest to Indian Tribes; and</DELETED>
<DELETED> (B) to input information regarding missing
persons cases of interest to Indian Tribes, unclaimed
remains cases of interest to Indian Tribes, and
unidentified remains cases of interest to Indian Tribes
into the National Missing and Unidentified Persons
System;</DELETED>
<DELETED> (2) to establish a State or regional commission to
respond to, and to improve coordination between Federal law
enforcement agencies, and Tribal, State, and local law
enforcement agencies of the investigation of, missing persons
cases of interest to Indian Tribes, sexual assault cases of
interest to Indian Tribes, and death investigations of interest
to Indian Tribes; and</DELETED>
<DELETED> (3) to document, develop, and disseminate
resources for the coordination and improvement of the
investigation of missing persons cases of interest to Indian
Tribes, sexual assault cases of interest to Indian Tribes, and
death investigations of interest to Indian Tribes, including to
develop local or statewide rapid notification or communication
systems for alerts and other information relating to those
cases.</DELETED>
<DELETED> (d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the grant program established under
subsection (a) $1,000,000 for each of fiscal years 2023 through
2027.</DELETED>
<DELETED>SEC. 203. GAO STUDY ON FEDERAL LAW ENFORCEMENT AGENCY EVIDENCE
COLLECTION, HANDLING, AND PROCESSING.</DELETED>
<DELETED> (a) In General.--The Comptroller General of the United
States shall conduct a study--</DELETED>
<DELETED> (1) on the evidence collection, handling, and
processing procedures and practices of the Office of Justice
Services and the Federal Bureau of Investigation in exercising
jurisdiction over crimes involving Indians or committed in
Indian country;</DELETED>
<DELETED> (2) on any barriers to evidence collection,
handling, and processing by the agencies referred to in
paragraph (1);</DELETED>
<DELETED> (3) on the views of law enforcement officials at
the agencies referred to in paragraph (1) and their
counterparts within the Offices of the United States Attorneys
concerning any relationship between--</DELETED>
<DELETED> (A) the barriers identified under
paragraph (2); and</DELETED>
<DELETED> (B) United States Attorneys declination
rates due to insufficient evidence; and</DELETED>
<DELETED> (4) that includes a survey of barriers to evidence
collection, handling, and processing faced by--</DELETED>
<DELETED> (A) Tribal law enforcement agencies;
and</DELETED>
<DELETED> (B) State and local law enforcement
agencies that exercise jurisdiction over Indian
country.</DELETED>
<DELETED> (b) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report describing the results of the study
conducted under subsection (a).</DELETED>
<DELETED>SEC. 204. BUREAU OF INDIAN AFFAIRS AND TRIBAL LAW ENFORCEMENT
OFFICER COUNSELING RESOURCES INTERDEPARTMENTAL
COORDINATION.</DELETED>
<DELETED> The Secretary of Health and Human Services and the
Attorney General shall coordinate with the Director--</DELETED>
<DELETED> (1) to ensure that Federal training materials and
culturally appropriate mental health and wellness programs are
locally or regionally available to law enforcement officers
working for the Bureau of Indian Affairs or an Indian Tribe who
are experiencing occupational stress; and</DELETED>
<DELETED> (2) to determine whether law enforcement agencies
operated by the Bureau of Indian Affairs and Indian Tribes are
eligible to receive services under--</DELETED>
<DELETED> (A) the Law Enforcement Assistance Program
of Federal Occupational Health of the Department of
Health and Human Services; or</DELETED>
<DELETED> (B) any other law enforcement assistance
program targeted to meet the needs of law enforcement
officers working for law enforcement agencies operated
by the Federal Government or an Indian Tribe.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Bridging Agency
Data Gaps and Ensuring Safety for Native Communities Act'' or the
``BADGES for Native Communities Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--BRIDGING AGENCY DATA GAPS
Sec. 101. National Missing and Unidentified Persons System Tribal
facilitator.
Sec. 102. Report on Indian country law enforcement personnel resources
and need.
TITLE II--ENSURING SAFETY FOR NATIVE COMMUNITIES
Sec. 201. Demonstration program on Bureau of Indian Affairs law
enforcement employment background checks.
Sec. 202. Missing or murdered response coordination grant program.
Sec. 203. GAO study on Federal law enforcement agency evidence
collection, handling, and processing.
Sec. 204. Bureau of Indian Affairs and Tribal law enforcement officer
counseling resources interdepartmental
coordination.
SEC. 2. DEFINITIONS.
In this Act:
(1) Death investigation.--The term ``death investigation''
has the meaning determined by the Attorney General.
(2) Death investigation of interest to indian tribes.--The
term ``death investigation of interest to Indian Tribes'' means
a case involving--
(A) a death investigation into the death of an
Indian; or
(B) a death investigation of a person found on, in,
or adjacent to Indian land or a Village.
(3) Director.--The term ``Director'' means the Deputy
Bureau Director of the Office of Justice Services of the Bureau
of Indian Affairs.
(4) Federal law enforcement agency.--The term ``Federal law
enforcement agency'' means the Office of Justice Services of
the Bureau of Indian Affairs, the Federal Bureau of
Investigation, and any other Federal law enforcement agency
that--
(A) has jurisdiction over crimes in Indian country;
or
(B) investigates missing persons cases of interest
to Indian Tribes, death investigations of interest to
Indian Tribes, unclaimed human remains cases of
interest to Indian Tribes, or unidentified remains
cases of interest to Indian Tribes.
(5) Indian.--The term ``Indian'' has the meaning given the
term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(6) Indian country.--The term ``Indian country'' has the
meaning given the term in section 1151 of title 18, United
States Code.
(7) Indian land.--The term ``Indian land'' has the meaning
given the term ``Indian lands'' in section 3 of the Native
American Business Development, Trade Promotion, and Tourism Act
of 2000 (25 U.S.C. 4302).
(8) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(9) Missing persons case of interest to indian tribes.--The
term ``missing persons case of interest to Indian Tribes''
means a case involving--
(A) a missing Indian; or
(B) a missing person whose last known location is
believed to be on, in, or adjacent to Indian land or a
Village.
(10) National crime information databases.--The term
``national crime information databases'' has the meaning given
the term in section 534(f)(3) of title 28, United States Code.
(11) Relevant tribal organization.--The term ``relevant
Tribal organization'' means, as applicable--
(A) a Tribal organization or an urban Indian
organization; and
(B) a national or regional organization that--
(i) represents a substantial Indian
constituency; and
(ii) has expertise in the fields of--
(I) human trafficking of Indians;
(II) human trafficking on Indian
land or in a Village;
(III) violence against Indians;
(IV) missing or murdered Indigenous
persons; or
(V) Tribal justice systems.
(12) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(13) Sexual violence case of interest to indian tribes.--
The term ``sexual violence case of interest to Indian Tribes''
means a case involving an allegation of sexual violence (as
defined in section 204(a) of Public Law 90-284 (25 U.S.C.
1304(a))).
(14) Tribal justice official.--The term ``Tribal justice
official'' has the meaning given the term ``tribal justice
official'' in section 2 of the Indian Law Enforcement Reform
Act (25 U.S.C. 2801).
(15) Tribal organization.--The term ``Tribal organization''
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(16) Unclaimed human remains case of interest to indian
tribes.--The term ``unclaimed human remains case of interest to
Indian Tribes'' means a case involving--
(A) unclaimed Indian remains identified by Federal,
Tribal, State, or local law enforcement; or
(B) unclaimed human remains found on, in, or
adjacent to Indian land or a Village.
(17) Unidentified remains case of interest to indian
tribes.--The term ``unidentified remains case of interest to
Indian Tribes'' means a case involving--
(A) unidentified Indian remains; or
(B) unidentified remains found on, in, or adjacent
to Indian land or a Village.
(18) Urban indian organization.--The term ``urban Indian
organization'' has the meaning given the term in section 4 of
the Indian Health Care Improvement Act (25 U.S.C. 1603).
(19) Village.--The term ``Village'' means the Alaska Native
Village Statistical Area covering all or any portion of a
Native village (as defined in section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602)), as depicted on the
applicable Tribal Statistical Area Program Verification Map of
the Bureau of the Census.
TITLE I--BRIDGING AGENCY DATA GAPS
SEC. 101. NATIONAL MISSING AND UNIDENTIFIED PERSONS SYSTEM TRIBAL
FACILITATOR.
(a) Appointment.--The Attorney General shall appoint 1 or more
Tribal facilitators for the National Missing and Unidentified Persons
System.
(b) Duties.--The duties of a Tribal facilitator appointed under
subsection (a) shall include--
(1) coordinating the reporting of information relating to
missing persons cases of interest to Indian Tribes, unclaimed
human remains cases of interest to Indian Tribes, and
unidentified remains cases of interest to Indian Tribes;
(2) consulting and coordinating with Indian Tribes and
relevant Tribal organizations to address the reporting,
documentation, and tracking of missing persons cases of
interest to Indian Tribes, unclaimed human remains cases of
Interest to Indian Tribes, and unidentified remains cases of
interest to Indian Tribes;
(3) developing working relationships, and maintaining
communication, with Indian Tribes and relevant Tribal
organizations;
(4) providing technical assistance and training to Indian
Tribes and relevant Tribal organizations, victim service
advocates, medical examiners, coroners, and Tribal justice
officials regarding--
(A) the gathering and reporting of information to
the National Missing and Unidentified Persons System;
and
(B) working with non-Tribal law enforcement
agencies to encourage missing persons cases of interest
to Indian Tribes, unclaimed human remains cases of
interest to Indian Tribes, and unidentified remains
cases of interest to Indian Tribes are reported to the
National Missing and Unidentified Persons System;
(5) coordinating with the Office of Tribal Justice, the
Office of Justice Services of the Bureau of Indian Affairs, the
Executive Office for United States Attorneys, the Federal
Bureau of Investigation, State law enforcement agencies, and
the National Indian Country Training Initiative, as necessary;
and
(6) conducting other training, information gathering, and
outreach activities to improve resolution of missing persons
cases of interest to Indian Tribes, unclaimed human remains
cases of interest to Indian Tribes, and unidentified remains
cases of interest to Indian Tribes.
(c) Reporting and Transparency.--
(1) Annual reports to congress.--During the 3-year-period
beginning on the date of enactment of this Act, the Attorney
General, acting through the Director of the National Institute
of Justice, shall submit to the Committees on Indian Affairs,
the Judiciary, and Appropriations of the Senate and the
Committees on Natural Resources, the Judiciary, and
Appropriations of the House of Representatives an annual report
describing the activities and accomplishments of the Tribal
facilitators appointed under subsection (a) during the 1-year
period preceding the date of the report.
(2) Public transparency.--Annually, the Attorney General,
acting through the Director of the National Institute of
Justice, shall publish on a website publicly accessible
information describing the activities and accomplishments of
the Tribal facilitators appointed under subsection (a) during
the 1-year period preceding the date of the publication.
SEC. 102. REPORT ON INDIAN COUNTRY LAW ENFORCEMENT PERSONNEL RESOURCES
AND NEED.
(a) Office of Justice Services of the Bureau of Indian Affairs.--
Section 3(c)(16) of the Indian Law Enforcement Reform Act (25 U.S.C.
2802(c)(16)) is amended by striking subparagraph (C) and inserting the
following:
``(C) a list of the unmet--
``(i) staffing needs of law enforcement,
corrections, and court personnel, including
criminal investigators, medical examiners,
coroners, forensic technicians, indigent
defense staff, crime victim services staff, and
prosecution staff, at Tribal and Bureau justice
agencies, including the Missing and Murdered
Unit of the Office of Justice Services of the
Bureau;
``(ii) replacement and repair needs of
Tribal and Bureau corrections facilities;
``(iii) infrastructure and capital needs
for Tribal police and court facilities,
including evidence storage and processing; and
``(iv) public safety and emergency
communications and technology needs, including
equipment and internet capacity needs; and''.
(b) Department of Justice.--
(1) Definition of department of justice law enforcement
agency.--In this subsection, the term ``Department of Justice
law enforcement agency'' means each of--
(A) the Federal Bureau of Investigation;
(B) the Drug Enforcement Administration;
(C) the United States Marshals Service;
(D) the Bureau of Alcohol, Tobacco, Firearms and
Explosives; and
(E) the Offices of the United States Attorneys.
(2) Annual report.--Each fiscal year, the Attorney General
shall submit to the Committees on Indian Affairs, the
Judiciary, and Appropriations of the Senate and the Committees
on Natural Resources, the Judiciary, and Appropriations of the
House of Representatives a report for that fiscal year that
includes--
(A) the number of full-time employees of each
Department of Justice law enforcement agency that are
assigned to work on criminal investigations and
prosecutions in Indian country;
(B) the percentage of time the full-time employees,
as identified under subparagraph (A), spend
specifically working in Indian country;
(C) the turnover rate during the 5-year period
preceding the report of full-time employees assigned to
work on criminal investigations and prosecutions in
Indian country;
(D) the average years of experience at the
Department of Justice of full-time employees assigned
to work on criminal investigations and prosecutions in
Indian country;
(E) the number of vacant positions with
responsibilities for criminal investigations and
prosecutions in Indian country;
(F) an identification of expertise and skills
necessary to achieve the strategic goals of the
Department of Justice relating to public safety in
Indian country;
(G) an estimate of the number of employees needed
with specific skills and competencies to fulfill
responsibilities assigned for criminal investigations
and prosecutions in Indian country; and
(H) a list of measures identified to indicate
whether and how the Department of Justice plans to
execute its hiring, retention, and training strategies.
(3) GAO study and report.--
(A) Study.--
(i) In general.--Not later than 18 months
after the date on which the first annual report
is submitted under paragraph (2), the
Comptroller General of the United States shall
conduct a review of unmet staffing identified
by the Department of Justice law enforcement
agencies tasked with work on criminal
investigations and prosecutions in Indian
country.
(ii) Requirement.--In conducting the study
required under clause (i), the Comptroller
General of the United States shall take into
account the results of the most recent report,
as of the date of enactment of this Act,
relating to Indian country investigations and
prosecutions prepared by the Attorney General
pursuant to section 10(b) of the Indian Law
Enforcement Reform Act (25 U.S.C. 2809(b)).
(B) Report.--On completion of the review under
subparagraph (A), the Comptroller General of the United
States shall submit to the Committees on Indian
Affairs, the Judiciary, and Appropriations of the
Senate and the Committees on Natural Resources, the
Judiciary, and Appropriations of the House of
Representatives a report that describes the results of
the study, including, as appropriate, proposals for
methods by which the Department of Justice can better
measure its unmet staffing and other needs for
Department of Justice law enforcement agencies tasked
with work on criminal investigations and prosecutions
in Indian country.
TITLE II--ENSURING SAFETY FOR NATIVE COMMUNITIES
SEC. 201. DEMONSTRATION PROGRAM ON BUREAU OF INDIAN AFFAIRS LAW
ENFORCEMENT EMPLOYMENT BACKGROUND CHECKS.
(a) Establishment of Demonstration Program.--
(1) In general.--The Secretary shall establish a
demonstration program for the purpose of conducting or
adjudicating, in coordination with the Director, personnel
background investigations for applicants for law enforcement
positions in the Bureau of Indian Affairs.
(2) Background investigations and security clearance
determinations.--
(A) BIA investigations.--As part of the
demonstration program established under paragraph (1),
the Secretary may carry out a background investigation,
security clearance determination, or both a background
investigation and a security clearance determination
for an applicant for a law enforcement position in the
Bureau of Indian Affairs.
(B) Agreements.--The Secretary may enter into a
memorandum of agreement with a State or local
government, Indian Tribe, or Tribal organization to
develop steps to expedite the process of receiving and
obtaining access to information pertinent to background
investigation and security clearance determinations for
use in the demonstration program.
(3) Sunset.--The demonstration program established under
paragraph (1) shall terminate 5 years after the date of the
commencement of the demonstration program.
(b) Sufficiency.--Notwithstanding any other provision of law, a
background investigation conducted or adjudicated by the Secretary
pursuant to the demonstration program established under subsection
(a)(1) that results in the granting of a security clearance to an
applicant for a law enforcement position in the Bureau of Indian
Affairs shall be sufficient to meet the applicable requirements of the
Office of Personnel Management or other Federal agency for such
investigations.
(c) Report.--Not later than 3 years after the date on which the
demonstration program is established under subsection (a)(1), the
Secretary shall submit to the Committees on Indian Affairs, the
Judiciary, and Appropriations of the Senate and the Committees on
Natural Resources, the Judiciary, and Appropriations of the House of
Representatives a report on the demonstration program, which shall
include a description of--
(1) the demonstration program and any recommended changes
or updates to the demonstration program, including whether the
demonstration program should be reauthorized;
(2) the number of background investigations carried out
under the demonstration program;
(3) the costs, including any cost savings, associated with
the investigation and adjudication process under the
demonstration program;
(4) the processing times for the investigation and
adjudication processes under the demonstration program; and
(5) any other information that the Secretary determines to
be relevant.
SEC. 202. MISSING OR MURDERED RESPONSE COORDINATION GRANT PROGRAM.
(a) Establishment of Grant Program.--The Attorney General shall
establish within the Office of Justice Programs a grant program under
which the Attorney General shall make grants to eligible entities
described in subsection (b) to carry out eligible activities described
in subsection (c).
(b) Eligible Entities.--
(1) In general.--To be eligible to receive a grant under
the grant program established under subsection (a) an entity
shall be--
(A) an Indian Tribe;
(B) a relevant Tribal organization;
(C) subject to paragraph (2), a State, in
consortium with--
(i) 1 or more Indian Tribes; and
(ii) relevant Tribal organizations, if any;
(D) a consortium of 2 or more Indian Tribes or
relevant Tribal organizations; or
(E) subject to paragraph (2), a consortium of 2 or
more States in consortium with--
(i) 1 or more Indian Tribes; and
(ii) relevant Tribal organizations, if any.
(2) State eligibility.--To be eligible under subparagraph
(C) or (E) of paragraph (1), a State shall demonstrate to the
satisfaction of the Attorney General that the State--
(A)(i) reports missing persons cases in the State
to the national crime information databases; or
(ii) if not, has a plan to do so using a grant
received under the grant program established under
subsection (a); and
(B) if data sharing between the State and the
Indian Tribes and relevant Tribal organizations with
which the State is in consortium is part of the
intended use of the grant received under the grant
program established under subsection (a), has entered
into a memorandum of understanding with each applicable
Indian Tribe and relevant Tribal organization.
(c) Eligible Activities.--An eligible entity receiving a grant
under the grant program established under subsection (a) may use the
grant--
(1) to establish a statewide or regional center--
(A) to document and track--
(i) missing persons cases of interest to
Indian Tribes;
(ii) sexual violence cases of interest to
Indian Tribes; and
(iii) death investigations of interest to
Indian Tribes; and
(B) to input information regarding missing persons
cases of interest to Indian Tribes, unclaimed human
remains cases of interest to Indian Tribes, and
unidentified remains cases of interest to Indian Tribes
into the National Missing and Unidentified Persons
System and the Missing Persons File in the National
Crime Information Center;
(2) to establish a State or regional commission to respond
to, and to improve coordination between Federal law enforcement
agencies, and Tribal, State, and local law enforcement agencies
of the investigation of, missing persons cases of interest to
Indian Tribes, sexual violence cases of interest to Indian
Tribes, and death investigations of interest to Indian Tribes;
and
(3) to document, develop, and disseminate resources for the
coordination and improvement of the investigation of missing
persons cases of interest to Indian Tribes, sexual violence
cases of interest to Indian Tribes, and death investigations of
interest to Indian Tribes, including to develop local or
statewide rapid notification or communication systems for
alerts and other information relating to those cases.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the grant program established under
subsection (a)(1) $1,000,000 for each of fiscal years 2025 through
2029.
SEC. 203. GAO STUDY ON FEDERAL LAW ENFORCEMENT AGENCY EVIDENCE
COLLECTION, HANDLING, AND PROCESSING.
(a) In General.--The Comptroller General of the United States shall
conduct a study--
(1) on the evidence collection, handling, response times,
and processing procedures and practices of the Office of
Justice Services of the Bureau of Indian Affairs and the
Federal Bureau of Investigation in exercising jurisdiction over
crimes involving Indians or committed in Indian country;
(2) on barriers to evidence collection, handling, response
times, and processing identified by the agencies referred to in
paragraph (1);
(3) on the views of law enforcement officials at the
agencies referred to in paragraph (1) and their counterparts
within the Offices of the United States Attorneys concerning
any relationship between--
(A) the barriers identified under paragraph (2);
and
(B) United States Attorneys declination rates due
to insufficient evidence; and
(4) that includes a description of barriers to evidence
collection, handling, response times, and processing identified
and faced by--
(A) Tribal law enforcement agencies; and
(B) State and local law enforcement agencies that
exercise jurisdiction over Indian country.
(b) Report.--Not later than 18 months after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to the Committees on Indian Affairs, the Judiciary, and Appropriations
of the Senate and the Committees on Natural Resources, the Judiciary,
and Appropriations of the House of Representatives a report describing
the results of the study conducted under subsection (a).
SEC. 204. BUREAU OF INDIAN AFFAIRS AND TRIBAL LAW ENFORCEMENT OFFICER
COUNSELING RESOURCES INTERDEPARTMENTAL COORDINATION.
The Secretary of Health and Human Services and the Attorney General
shall coordinate with the Director--
(1) to ensure that Federal training materials and
culturally appropriate mental health and wellness programs are
locally or regionally available to law enforcement officers
working for the Office of Justice Services of the Bureau of
Indian Affairs or an Indian Tribe; and
(2) to determine whether law enforcement agencies operated
by the Office of Justice Services of the Bureau of Indian
Affairs and Indian Tribes are eligible to receive services
under--
(A) the Law Enforcement Assistance Program of
Federal Occupational Health of the Department of Health
and Human Services; or
(B) any other law enforcement assistance program
targeted to meet the needs of law enforcement officers
working for law enforcement agencies operated by the
Federal Government or an Indian Tribe.
Calendar No. 559
118th CONGRESS
2d Session
S. 465
[Report No. 118-244]
_______________________________________________________________________
A BILL
To require Federal law enforcement agencies to report on cases of
missing or murdered Indians, and for other purposes.
_______________________________________________________________________
November 18, 2024
Reported with an amendment