[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1853 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 1853

   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

                             June 13, 2019

 Mr. Udall (for himself, Ms. Cortez Masto, Mr. Tester, Ms. Murkowski, 
 Ms. McSally, and Ms. Smith) introduced the following bill; which was 
       read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 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 stakeholder.--The term ``relevant 
        Tribal stakeholder'' means, as applicable--
                    (A) an Indian tribe;
                    (B) a tribal organization; and
                    (C) a national or regional organization that--
                            (i) represents a substantial Indian 
                        constituency; and
                            (ii) has expertise in the fields of--
                                    (I) human trafficking;
                                    (II) violence against women and 
                                children; or
                                    (III) 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 1 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 1 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 relevant Tribal 
        stakeholders 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 relevant Tribal stakeholders;
            (4) providing technical assistance and training to relevant 
        Tribal stakeholders, 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 1 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 1 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) a relevant Tribal stakeholder;
                    (B) subject to paragraph (2), a State, in 
                consortium with a relevant Tribal stakeholder;
                    (C) a consortium of 2 or more relevant Tribal 
                stakeholders; or
                    (D) subject to paragraph (2), a consortium of 2 or 
                more States and 1 or more relevant Tribal stakeholders.
            (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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