[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1853 Reported in Senate (RS)]
<DOC>
Calendar No. 476
116th CONGRESS
2d Session
S. 1853
[Report No. 116-230]
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
June 4, 2020
Reported by Mr. Hoeven, 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. Federal law enforcement database reporting
requirements.
<DELETED>Sec. 102. National Missing and Unidentified Persons System
Tribal liaison.
<DELETED>Sec. 103. Law enforcement data sharing with Indian tribes.
<DELETED>Sec. 104. 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) Director.--The term ``Director'' means the
Director of the Office of Justice Services.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) has jurisdiction over crimes in Indian
country; or</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (4) Indian country.--The term ``Indian country''
has the meaning given the term in section 1151 of title 18,
United States Code.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (7) Manslaughter.--The term ``manslaughter'' has
the meaning given the term in section 1112 of title 18, United
States Code.</DELETED>
<DELETED> (8) Missing.--The term ``missing'' has the meaning
determined by the applicable Federal law enforcement
agency.</DELETED>
<DELETED> (9) 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 near Indian
land.</DELETED>
<DELETED> (10) Murder.--The term ``murder'' has the meaning
given the term in section 1111 of title 18, United States
Code.</DELETED>
<DELETED> (11) Murder case of interest to indian tribes.--
The term ``murder case of interest to Indian tribes'' means a
case involving--</DELETED>
<DELETED> (A) a murdered Indian; or</DELETED>
<DELETED> (B) a person murdered on, in, or near
Indian land.</DELETED>
<DELETED> (12) Murdered.--The term ``murdered'', with
respect to a person, means the person was the victim of--
</DELETED>
<DELETED> (A) murder; or</DELETED>
<DELETED> (B) manslaughter.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (14) Relevant tribal stakeholder.--The term
``relevant Tribal stakeholder'' means, as applicable--
</DELETED>
<DELETED> (A) an Indian tribe;</DELETED>
<DELETED> (B) a tribal organization; and</DELETED>
<DELETED> (C) 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;</DELETED>
<DELETED> (II) violence against
women and children; or</DELETED>
<DELETED> (III) Tribal justice
systems.</DELETED>
<DELETED> (15) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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).</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
near Indian land.</DELETED>
<DELETED>TITLE I--BRIDGING AGENCY DATA GAPS</DELETED>
<DELETED>SEC. 101. FEDERAL LAW ENFORCEMENT DATABASE REPORTING
REQUIREMENTS.</DELETED>
<DELETED> (a) In General.--Section 151(a) of the Sex Offender
Registration and Notification Act (34 U.S.C. 20961(a)) is amended--
</DELETED>
<DELETED> (1) in paragraph (1), by striking ``and'' after
the semicolon;</DELETED>
<DELETED> (2) by redesignating paragraph (2) as paragraph
(3); and</DELETED>
<DELETED> (3) by inserting after paragraph (1) the
following:</DELETED>
<DELETED> ``(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''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) Indian tribes are aware of, and able to
access, information in the National Missing and Unidentified
Persons System.</DELETED>
<DELETED>SEC. 102. NATIONAL MISSING AND UNIDENTIFIED PERSONS SYSTEM
TRIBAL LIAISON.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Duties.--The duties of a Tribal liaison appointed
under subsection (a) shall include--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (3) developing working relationships, and
maintaining communication, with relevant Tribal
stakeholders;</DELETED>
<DELETED> (4) providing technical assistance and training to
relevant Tribal stakeholders, victim service advocates, medical
examiners, 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 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;</DELETED>
<DELETED> (5) coordinating with the Office of Tribal Justice
and the Office of Justice Services, 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 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 and the Judiciary of the Senate and the Committees on
Natural Resources and the Judiciary of the House of
Representatives an annual report--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) summarizing--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (iii) the reasons for those
closures.</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 liaisons
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 and
unidentified remains cases of interest to
Indian tribes listed in the National Missing
and Unidentified Persons System;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (iii) the reasons for those
closures.</DELETED>
<DELETED>SEC. 103. LAW ENFORCEMENT DATA SHARING WITH INDIAN
TRIBES.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) by striking paragraph (1) and inserting the
following:</DELETED>
<DELETED> ``(1) In general.--The Attorney General shall
ensure that--</DELETED>
<DELETED> ``(A) tribal law enforcement officials
that meet applicable Federal or State requirements
shall be permitted access to national crime information
databases;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (2) in paragraph (3), by striking ``with criminal
jurisdiction over Indian country''.</DELETED>
<DELETED> (b) Acquisition, Preservation, and Exchange of
Identification Records and Information.--Section 534(d) of title 28,
United States Code, is amended--</DELETED>
<DELETED> (1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;</DELETED>
<DELETED> (2) in the matter preceding subparagraph (A) (as
so redesignated), by striking ``The Attorney General'' and
inserting the following:</DELETED>
<DELETED> ``(1) In general.--The Attorney General'';
and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(2) Tribal access program.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Authorization of appropriations.--
</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 104. REPORT ON INDIAN COUNTRY LAW ENFORCEMENT PERSONNEL
RESOURCES AND NEED.</DELETED>
<DELETED> (a) Definition of DOJ Law Enforcement Agency.--In this
section, the term ``DOJ law enforcement agency'' means each of--
</DELETED>
<DELETED> (1) the Federal Bureau of Investigation;</DELETED>
<DELETED> (2) the Drug Enforcement Administration;</DELETED>
<DELETED> (3) the United States Marshals Service;</DELETED>
<DELETED> (4) the Bureau of Alcohol, Tobacco, Firearms and
Explosives; and</DELETED>
<DELETED> (5) the Offices of the United States
Attorneys.</DELETED>
<DELETED> (b) Report.--Each fiscal year, the Attorney General shall
submit to the appropriate committees of Congress a report describing
for that fiscal year--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) an estimate of the average caseload of--
</DELETED>
<DELETED> (A) the full-time employees described in
paragraph (1); compared to</DELETED>
<DELETED> (B) the other full-time employees at the
respective DOJ law enforcement agency that are assigned
to work on criminal investigations and prosecutions;
and</DELETED>
<DELETED> (3) an explanation for any differences in the
average caseloads identified under subparagraphs (A) and (B) of
paragraph (2).</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 this section shall terminate 5 years after the date of
the commencement of the 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 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.</DELETED>
<DELETED> (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--</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 commences
under this section, 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 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) a relevant Tribal
stakeholder;</DELETED>
<DELETED> (B) subject to paragraph (2), a State, in
consortium with a relevant Tribal
stakeholder;</DELETED>
<DELETED> (C) a consortium of 2 or more relevant
Tribal stakeholders; or</DELETED>
<DELETED> (D) subject to paragraph (2), a consortium
of 2 or more States and 1 or more relevant Tribal
stakeholders.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) reports missing persons cases in the
State to the national crime information databases;
or</DELETED>
<DELETED> (B) if not, has a plan to do so using a
grant received under the grant program established
under subsection (a).</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 to
document and track missing persons cases of interest to Indian
tribes and murder cases of interest to Indian tribes;</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 and murder cases of interest
to Indian tribes; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</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 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.</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, 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.</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. Federal law enforcement database reporting requirements.
Sec. 102. National Missing and Unidentified Persons System Tribal
facilitator.
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) 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.
(3) Director.--The term ``Director'' means the Director of
the Office of Justice Services.
(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--
(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 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.--The term ``missing'' has the meaning
determined by the Attorney General.
(10) 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.
(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.
(12) 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
land;
(III) violence against Indian women
and children; or
(IV) tribal justice systems.
(13) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(14) 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).
(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 remains case of interest to indian tribes.--
The term ``unclaimed remains case of interest to Indian
tribes'' means a case involving--
(A) unclaimed Indian remains; or
(B) unclaimed remains found on, in, or adjacent to
Indian land.
(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.
TITLE I--BRIDGING AGENCY DATA GAPS
SEC. 101. FEDERAL LAW ENFORCEMENT DATABASE REPORTING REQUIREMENTS.
(a) In General.--Section 151 of the Sex Offender Registration and
Notification Act (34 U.S.C. 20961) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Access by NamUs.--Notwithstanding any other provision of law,
not later than 2 years after the date of enactment of the BADGES for
Native Communities Act, the Attorney General shall ensure access, as
appropriate, to the national crime information databases (as defined in
section 534(f)(3) of title 28, United States Code) by 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 and with the permission of the local law
enforcement agency that originated the case, provide for information on
missing persons, unclaimed remains, 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, as appropriate, shall enter into the
National Missing and Unidentified Persons System each missing persons
case of interest to Indian tribes, each unclaimed remains case of
interest to Indian tribes, and each unidentified remains case of
interest to Indian tribes investigated by the Federal law enforcement
agency.
(d) Coordination With NamUs Tribal Facilitator.--The Director and
the Director of the Federal Bureau of Investigation shall each appoint
a liaison to coordinate with the 1 or more Tribal facilitators
appointed under section 102(a)--
(1) to ensure that--
(A) 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 investigated by a Federal law enforcement
agency are fully captured in the National Missing and
Unidentified Persons System; and
(B) Indian tribes are aware of, and able to access,
information in the National Missing and Unidentified
Persons System; and
(2) to conduct outreach to 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, to increase the input of
information concerning 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 in the National Missing and Unidentified Persons System.
SEC. 102. NATIONAL MISSING AND UNIDENTIFIED PERSONS SYSTEM TRIBAL
FACILITATOR.
(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.
(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
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 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 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;
(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
(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.
(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 facilitators 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, 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
(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.
(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 facilitators 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, 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;
(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.
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) as appropriate, the Federal Bureau of
Investigation ensures tribal law enforcement agencies
and tribal justice systems 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 civil and criminal information access
program.--
``(A) In general.--The Attorney General shall
establish a program, to be known as the `Tribal Civil
and Criminal Information Access Program', to enhance
the ability of tribal governments to access, enter
information into, and obtain information from Federal
criminal information databases under this section.
``(B) Authorization of appropriations.--
``(i) In general.--There are authorized to
be appropriated to carry out the Tribal Civil
and Criminal Information Access Program under
subparagraph (A)--
``(I) $5,000,000 for each of fiscal
years 2021 and 2022, to remain
available until expended; and
``(II) $7,000,000 for each fiscal
years 2023 through 2025, to remain
available until expended.
``(ii) Additional funding.--
``(I) In general.--The Attorney
General may use to carry out the Tribal
Civil and Criminal Information Access
Program under subparagraph (A) any
balances remaining for the account
under the heading `violence against
women prevention and prosecution
programs' under the heading `Office on
Violence Against Women' under the
heading `State and Local Law
Enforcement Activities' of the
Department of Justice from
appropriations for full fiscal years
prior to the date of enactment of the
BADGES for Native Communities Act that
were made available to carry out
section 905(b)(1) of the Violence
Against Women and Department of Justice
Reauthorization Act of 2005 (34 U.S.C.
20903(b)(1)).
``(II) Transfers.--The Attorney
General may transfer some or all of the
balances described in subclause (I) to
any appropriations account of the
Department of Justice as needed to
support the Tribal Civil and Criminal
Information Access Program.
``(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 shall be
shared with each Indian tribe of jurisdiction, as
appropriate.''.
(c) Identification Records.--The second undesignated paragraph in
the matter under the heading ``salaries and expenses'' under the
heading ``Federal Bureau of Investigation'' under title II of the
Departments of State, Justice, and Commerce, the Judiciary, and Related
Agencies Appropriation Act, 1973 (34 U.S.C. 41101) is amended--
(1) by inserting ``or Tribal'' after ``if authorized by
State''; and
(2) by inserting ``, Tribal,'' before ``and local
governments''.
SEC. 104. REPORT ON INDIAN COUNTRY LAW ENFORCEMENT PERSONNEL RESOURCES
AND NEED.
(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:
``(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, and prosecution staff, at tribal
and Bureau of Indian Affairs justice agencies;
``(ii) replacement and repair needs of
tribal and Bureau of Indian Affairs 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; 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 appropriate committees of Congress a report
describing for that fiscal year--
(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
(B) the percentage of time the full-employees spend
specifically working in Indian country.
(3) GAO study and report.--
(A) 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.
(B) Report.--On completion of the study under
subparagraph (A), the Comptroller General of the United
States shall submit to Congress 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.
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 1 or more Indian tribes or relevant
Tribal organizations;
(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 and 1 or more Indian tribes or relevant
Tribal organizations.
(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 missing persons cases of
interest to Indian tribes and death investigations of
interest to Indian tribes; and
(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;
(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 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 and death
investigations 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--
(A) Tribal law enforcement agencies; and
(B) 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 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 Bureau of Indian Affairs or an Indian tribe who
are experiencing occupational stress; and
(2) to determine whether law enforcement agencies operated
by 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. 476
116th CONGRESS
2d Session
S. 1853
[Report No. 116-230]
_______________________________________________________________________
A BILL
To require Federal law enforcement agencies to report on cases of
missing or murdered Indians, and for other purposes.
_______________________________________________________________________
June 4, 2020
Reported with an amendment