[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4923 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 4923

   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

                           September 22, 2022

 Ms. Cortez Masto 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. National Missing and Unidentified Persons System Tribal 
                            facilitator.
Sec. 102. Report on Indian country law enforcement personnel resources 
                            and need.
            TITLE II--ENSURING SAFETY FOR NATIVE COMMUNITIES

Sec. 201. Demonstration program on Bureau of Indian Affairs law 
                            enforcement employment background checks.
Sec. 202. Missing 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 or a Village.
            (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 or a 
                Village.
            (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 or an urban Indian 
                organization; and
                    (B) a national or regional organization that--
                            (i) represents a substantial Indian 
                        constituency; and
                            (ii) has expertise in the fields of--
                                    (I) human trafficking of Indians;
                                    (II) human trafficking on Indian 
                                land or in a Village;
                                    (III) violence against Indian women 
                                and children; or
                                    (IV) tribal justice systems.
            (13) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (14) Sexual assault case of interest to indian tribes.--The 
        term ``sexual assault case of interest to Indian Tribes'' means 
        a case involving an allegation of a felony under chapter 109A 
        or 110 of title 18, United States Code, committed against an 
        Indian by another Indian or a non-Indian.
            (15) Tribal justice official.--The term ``tribal justice 
        official'' has the meaning given the term in section 2 of the 
        Indian Law Enforcement Reform Act (25 U.S.C. 2801).
            (16) Tribal organization.--The term ``tribal organization'' 
        has the meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (17) 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 or a Village.
            (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 adjacent 
                to Indian land or a Village.
            (19) Urban indian organization.--The term ``urban Indian 
        organization'' has the meaning given the term in section 4 of 
        the Indian Health Care Improvement Act (25 U.S.C. 1603).
            (20) Village.--The term ``Village'' means the Alaska Native 
        Village Statistical Area covering all or any portion of a 
        Native village (as defined in section 3 of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1602)), as depicted on the 
        applicable Tribal Statistical Area Program Verification Map of 
        the Bureau of the Census.

                   TITLE I--BRIDGING AGENCY DATA GAPS

SEC. 101. 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, 
        the Judiciary, and Appropriations of the Senate and the 
        Committees on Natural Resources, the Judiciary, and 
        Appropriations of the House of Representatives an annual 
        report--
                    (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; 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.

SEC. 102. 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 Committees on Indian Affairs, the 
        Judiciary, and Appropriations of the Senate and the Committees 
        on Natural Resources, the Judiciary, and Appropriations of the 
        House of Representatives a report describing for that fiscal 
        year--
                    (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) Study.--
                            (i) In general.--Not later than 18 months 
                        after the date on which the first annual report 
                        is submitted under paragraph (2), the 
                        Comptroller General of the United States shall 
                        conduct a 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.
                            (ii) Requirement.--In conducting the study 
                        required under clause (i), the Comptroller 
                        General of the United States shall take into 
                        account the results of the most recent report, 
                        as of the date of enactment of this Act, 
                        relating to Indian country investigations and 
                        prosecutions prepared by the Attorney General 
                        pursuant to section 10(b) of the Indian Law 
                        Enforcement Reform Act (25 U.S.C. 2809(b)).
                    (B) Report.--On completion of the study under 
                subparagraph (A), the Comptroller General of the United 
                States shall submit to the Committees on Indian 
                Affairs, the Judiciary, and Appropriations of the 
                Senate and the Committees on Natural Resources, the 
                Judiciary, and Appropriations of the House of 
                Representatives a report that describes the results of 
                the study, including, as appropriate, proposals for 
                methods by which the Department of Justice can better 
                measure the unmet staffing needs for Department of 
                Justice law enforcement agencies tasked with work on 
                criminal investigations and prosecutions in Indian 
                country.

            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 to the Committees on 
Indian Affairs, the Judiciary, and Appropriations of the Senate and the 
Committees on Natural Resources, the Judiciary, and Appropriations of 
the House of Representatives an annual report on the demonstration 
program established under subsection (a), 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--
                            (i) 1 or more Indian Tribes; and
                            (ii) relevant Tribal organizations, if any;
                    (D) a consortium of 2 or more Indian Tribes or 
                relevant Tribal organizations; or
                    (E) subject to paragraph (2), a consortium of 2 or 
                more States in consortium with--
                            (i) 1 or more Indian Tribes; and
                            (ii) relevant Tribal organizations, if any.
            (2) State eligibility.--To be eligible under subparagraph 
        (C) or (E) of paragraph (1), a State shall demonstrate to the 
        satisfaction of the Attorney General that the State--
                    (A)(i) reports missing persons cases in the State 
                to the national crime information databases; or
                    (ii) if not, has a plan to do so using a grant 
                received under the grant program established under 
                subsection (a); and
                    (B) if data sharing between the State and the 
                Indian Tribes and relevant Tribal organizations with 
                which the State is in consortium is part of the 
                intended use of the grant received under the grant 
                program established under subsection (a), has entered 
                into a memorandum of understanding with each applicable 
                Indian Tribe and relevant Tribal organization.
    (c) Eligible Activities.--An eligible entity receiving a grant 
under the grant program established under subsection (a) may use the 
grant--
            (1) to establish a statewide or regional center--
                    (A) to document and track--
                            (i) missing persons cases of interest to 
                        Indian Tribes;
                            (ii) sexual assault cases of interest to 
                        Indian Tribes; and
                            (iii) death investigations of interest to 
                        Indian Tribes; and
                    (B) to input information regarding missing persons 
                cases of interest to Indian Tribes, unclaimed 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, sexual assault cases of interest to Indian 
        Tribes, and death investigations of interest to Indian Tribes; 
        and
            (3) to document, develop, and disseminate resources for the 
        coordination and improvement of the investigation of missing 
        persons cases of interest to Indian Tribes, sexual assault 
        cases of interest to Indian Tribes, and death investigations of 
        interest to Indian Tribes, including to develop local or 
        statewide rapid notification or communication systems for 
        alerts and other information relating to those cases.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the program $1,000,000 for each of fiscal 
years 2023 through 2027.

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.
    (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.
                                 <all>