[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4289 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 4289
To require Federal law enforcement agencies to report on cases of
missing or murdered Indians, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 11, 2019
Ms. Haaland (for herself, Ms. Davids of Kansas, Mr. Cole, Mr. Mullin,
Mr. Young, Mr. O'Halleran, Mr. Cook, Mr. Gallego, Mr. Newhouse, Mrs.
Torres of California, and Ms. Moore) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Committees on Natural Resources, Energy and Commerce, and
Oversight and Reform, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
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,
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. Federal law enforcement database reporting requirements.
Sec. 102. National Missing and Unidentified Persons System Tribal
liaison.
Sec. 103. Law enforcement data sharing with Indian tribes.
Sec. 104. 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 and 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) Director.--The term ``Director'' means the Director of
the Office of Justice Services.
(2) 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--
(A) has jurisdiction over crimes in Indian country;
or
(B) investigates missing persons cases of interest
to Indian tribes, murder cases of interest to Indian
tribes, or unidentified remains cases of interest to
Indian tribes.
(3) 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).
(4) Indian country.--The term ``Indian country'' has the
meaning given the term in section 1151 of title 18, United
States Code.
(5) 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).
(6) 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).
(7) Manslaughter.--The term ``manslaughter'' has the
meaning given the term in section 1112 of title 18, United
States Code.
(8) Missing.--The term ``missing'' has the meaning
determined by the applicable Federal law enforcement agency.
(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 near Indian land.
(10) Murder.--The term ``murder'' has the meaning given the
term in section 1111 of title 18, United States Code.
(11) Murder case of interest to indian tribes.--The term
``murder case of interest to Indian tribes'' means a case
involving--
(A) a murdered Indian; or
(B) a person murdered on, in, or near Indian land.
(12) Murdered.--The term ``murdered'', with respect to a
person, means the person was the victim of--
(A) murder; or
(B) manslaughter.
(13) 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.
(14) Relevant tribal organization.--The term ``relevant
tribal organization'' means, as applicable--
(A) a tribal 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
lands;
(III) violence against Indian women
and children; or
(IV) Tribal justice systems.
(15) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(16) 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).
(17) 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).
(18) 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 near
Indian land.
TITLE I--BRIDGING AGENCY DATA GAPS
SEC. 101. FEDERAL LAW ENFORCEMENT DATABASE REPORTING REQUIREMENTS.
(a) In General.--Section 151(a) of the Sex Offender Registration
and Notification Act (34 U.S.C. 20961(a)) is amended--
(1) in paragraph (1), by striking ``and'' after the
semicolon;
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) the National Missing and Unidentified Persons System,
to be used by a person accessing the System only within the
scope of the work of the person in assisting or supporting law
enforcement efforts to solve missing, unidentified, and
unclaimed person cases across the United States; and''.
(b) Sharing of Information.--Not later than 2 years after the date
of enactment of this Act, the Attorney General shall, in a manner that
maintains the integrity of confidential, private, and law enforcement
sensitive information, provide for information on missing persons and
unidentified remains contained in national crime information databases
to be transmitted to, entered in, and otherwise shared with the
National Missing and Unidentified Persons System.
(c) Temporary Reporting Requirements.--Until such time as the data
sharing procedures required under subsection (b) are in effect, each
Federal law enforcement agency shall enter into the National Missing
and Unidentified Persons System each missing persons case of interest
to Indian tribes and each unidentified remains case of interest to
Indian tribes reported to or investigated by the Federal law
enforcement agency.
(d) Coordination With NamUs Tribal Liaison.--The Director and the
Director of the Federal Bureau of Investigation shall each appoint a
liaison to coordinate with the one or more Tribal liaisons appointed
under section (4)(a) to ensure that--
(1) all missing persons cases of interest to Indian tribes
and all unidentified remains cases of interest to Indian tribes
are fully captured in the National Missing and Unidentified
Persons System; and
(2) Indian tribes are aware of, and able to access,
information in the National Missing and Unidentified Persons
System.
SEC. 102. NATIONAL MISSING AND UNIDENTIFIED PERSONS SYSTEM TRIBAL
LIAISON.
(a) Appointment.--The Attorney General, acting through the Director
of the National Institute of Justice, shall appoint one or more Tribal
liaisons for the National Missing and Unidentified Persons System.
(b) Duties.--The duties of a Tribal liaison appointed under
subsection (a) shall include--
(1) coordinating the reporting of information relating to
missing persons 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 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, 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 ensure all missing persons 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 and the
Office of Justice Services, as necessary; and
(6) conducting other training, information gathering, and
outreach activities to improve resolution of missing persons
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
and the Judiciary of the Senate and the Committees on Natural
Resources and the Judiciary of the House of Representatives an
annual report--
(A) describing the activities and accomplishments
of the one or more Tribal liaisons appointed under
subsection (a) during the 1-year period preceding the
date of the report; and
(B) summarizing--
(i) the number of missing persons cases of
interest to Indian tribes and unidentified
remains cases of interest to Indian tribes
listed in the National Missing and Unidentified
Persons System;
(ii) the percentage of missing persons
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; and
(iii) the reasons for those closures.
(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--
(A) describing the activities and accomplishments
of the one or more Tribal liaisons appointed under
subsection (a) during the 1-year period preceding the
date of the publication; and
(B) summarizing--
(i) the number of missing persons cases of
interest to Indian tribes and unidentified
remains cases of interest to Indian tribes
listed in the National Missing and Unidentified
Persons System;
(ii) the percentage of missing persons
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; and
(iii) the reasons for those closures.
SEC. 103. LAW ENFORCEMENT DATA SHARING WITH INDIAN TRIBES.
(a) Access to National Crime Information Databases by Tribes.--
Section 233(b) of the Tribal Law and Order Act of 2010 (34 U.S.C.
41107) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--The Attorney General shall ensure that--
``(A) tribal law enforcement officials that meet
applicable Federal or State requirements shall be
permitted access to national crime information
databases;
``(B) technical assistance and training is provided
to Bureau of Indian Affairs and tribal law enforcement
agencies to gain access to, and the ability to use and
input information into, the National Crime Information
Center and other national crime information databases
pursuant to section 534 of title 28, United States
Code; and
``(C) the Federal Bureau of Investigation
coordinates with the Office of Justice Services to
ensure tribal law enforcement agencies are assigned
appropriate credentials or ORI numbers for uniform
crime reporting purposes.''; and
(2) in paragraph (3), by striking ``with criminal
jurisdiction over Indian country''.
(b) Acquisition, Preservation, and Exchange of Identification
Records and Information.--Section 534(d) of title 28, United States
Code, is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(2) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``The Attorney General'' and
inserting the following:
``(1) In general.--The Attorney General''; and
(3) by adding at the end the following:
``(2) Tribal access program.--
``(A) In general.--The Attorney General shall
establish a program, to be known as the `Tribal Access
Program', to enhance the ability of tribal governments
to access and enter information into Federal criminal
information databases under this section.
``(B) Authorization of appropriations.--
``(i) In general.--There is authorized to
be appropriated to carry out the Tribal Access
Program under subparagraph (A) $3,000,000 for
each of fiscal years 2020 through 2024, to
remain available until expended.
``(ii) Additional funding.--The Attorney
General may use to carry out the Tribal Access
Program under subparagraph (A) any balances
remaining for the account under the heading
`violence against women prevention and
prosecution programs' under the heading `State
and Local Law Enforcement Activities Office on
Violence Against Women' of the Department of
Justice from appropriations for full fiscal
years prior to the date of enactment of the
Bridging Agency Data Gaps and Ensuring Safety
for Native Communities Act.
``(3) Information sharing.--To the extent otherwise
permitted by law, any report issued as a result of the analysis
of information entered into Federal criminal information
databases or obtained from Federal criminal databases,
including for the purpose of conducting background checks,
shall be shared with each Indian tribe of jurisdiction.''.
SEC. 104. REPORT ON INDIAN COUNTRY LAW ENFORCEMENT PERSONNEL RESOURCES
AND NEED.
(a) Definition of DOJ Law Enforcement Agency.--In this section, the
term ``DOJ law enforcement agency'' means each of--
(1) the Federal Bureau of Investigation;
(2) the Drug Enforcement Administration;
(3) the United States Marshals Service;
(4) the Bureau of Alcohol, Tobacco, Firearms and
Explosives; and
(5) the Offices of the United States Attorneys.
(b) Report.--Each fiscal year, the Attorney General shall submit to
the appropriate committees of Congress a report describing for that
fiscal year--
(1) the number of full-time employees of each DOJ law
enforcement agency that are assigned to work on criminal
investigations and prosecutions in Indian country;
(2) an estimate of the average caseload of--
(A) the full-time employees described in paragraph
(1); compared to
(B) the other full-time employees at the respective
DOJ law enforcement agency that are assigned to work on
criminal investigations and prosecutions; and
(3) an explanation for any differences in the average
caseloads identified under subparagraphs (A) and (B) of
paragraph (2).
TITLE II--ENSURING SAFETY FOR NATIVE COMMUNITIES
SEC. 201. DEMONSTRATION PROGRAM ON BUREAU OF INDIAN AFFAIRS LAW
ENFORCEMENT EMPLOYMENT BACKGROUND CHECKS.
(a) Establishment of Program.--
(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.
(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) Use of previous investigations and
determinations.--
(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.
(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.
(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--
(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
(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.
(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.
(3) Sunset.--The demonstration program established under
this section shall terminate 5 years after the date of the
commencement of the program.
(b) Sufficiency.--Notwithstanding any other provision of law, a
background investigation conducted or adjudicated by the Secretary
pursuant to the demonstration program authorized in 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.
(c) Annual Report.--The Secretary shall submit an annual report to
the Committee on Indian Affairs of the Senate and the Committee on
Natural Resources of the House of Representatives on the demonstration
program established under subsection (a), which shall include a
description of--
(1) the demonstration program and any relevant annual
changes or updates to the program;
(2) the number of background investigations carried out
under the program;
(3) the costs, including any cost savings, associated with
the investigation and adjudication process under the program;
(4) the processing times for the investigation and
adjudication processes under the program;
(5) any Memoranda of Agreement entered into with State or
local government, Indian tribe, or tribal organization; and
(6) any other information that the Secretary determines to
be relevant.
(d) GAO Study and Report.--
(1) Initial report.--Not later than 18 months after the
date on which the demonstration program commences under this
section, the Comptroller General of the United States shall
prepare and submit to Congress an initial report on such
demonstration program.
(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.
(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.
SEC. 202. MISSING AND MURDERED RESPONSE COORDINATION GRANT PROGRAM.
(a) Establishment of 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 one or more Indian tribes or relevant
tribal organizations;
(D) a consortium of two or more Indian tribes or
relevant tribal organizations; or
(E) subject to paragraph (2), a consortium of two
or more States and one or more Indian tribes or
relevant tribal organizations.
(2) State eligibility.--To be eligible under subparagraph
(B) or (D) of paragraph (1), a State shall demonstrate to the
satisfaction of the Attorney General that the State--
(A) reports missing persons cases in the State to
the national crime information databases; or
(B) if not, has a plan to do so using a grant
received under the grant program established under
subsection (a).
(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 to document
and track missing persons cases of interest to Indian tribes
and murder cases of interest to Indian tribes;
(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 and murder cases of interest to Indian tribes;
and
(3) to document, develop, and disseminate resources for use
by Federal law enforcement agencies and Tribal, State, and
local law enforcement agencies for the coordination of the
investigation of missing persons cases of interest to Indian
tribes and murder cases of interest to Indian tribes.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the program $1,000,000 for each of fiscal
years 2020 through 2024.
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, 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;
(2) on any barriers to evidence collection, handling, and
processing 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 survey of barriers to evidence
collection, handling, and processing faced by State and local
law enforcement agencies that exercise jurisdiction over Indian
country under the Act of August 15, 1953 (67 Stat. 588, chapter
505), and the amendments made by that Act.
(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).
SEC. 204. BUREAU OF INDIAN AFFAIRS AND TRIBAL LAW ENFORCEMENT OFFICER
COUNSELING RESOURCES INTERDEPARTMENTAL COORDINATION.
The Secretary of Health and Human Services, acting through the
Director of the Indian Health Service and the Administrator of the
Substance Abuse and Mental Health Services Administration, and the
Attorney General shall coordinate with the Director to ensure that
Federal training materials and resources for establishing and
maintaining mental health wellness programs are available to Tribal and
Bureau of Indian Affairs law enforcement officers experiencing
occupational stress.
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