[Congressional Record Volume 170, Number 186 (Monday, December 16, 2024)]
[Senate]
[Pages S7054-S7056]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BRIDGING AGENCY DATA GAPS AND ENSURING SAFETY FOR NATIVE COMMUNITIES
ACT
Mr. SCHUMER. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 559, S. 465.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 465) to require Federal law enforcement agencies
to report on cases of missing or murdered Indians, and for
other purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Indian Affairs with an
amendment to strike all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Bridging
Agency Data Gaps and Ensuring Safety for Native Communities
Act'' or the ``BADGES for Native Communities Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--BRIDGING AGENCY DATA GAPS
Sec. 101. National Missing and Unidentified Persons System Tribal
facilitator.
Sec. 102. Report on Indian country law enforcement personnel resources
and need.
TITLE II--ENSURING SAFETY FOR NATIVE COMMUNITIES
Sec. 201. Demonstration program on Bureau of Indian Affairs law
enforcement employment background checks.
Sec. 202. Missing or murdered response coordination grant program.
Sec. 203. GAO study on Federal law enforcement agency evidence
collection, handling, and processing.
Sec. 204. Bureau of Indian Affairs and Tribal law enforcement officer
counseling resources interdepartmental coordination.
SEC. 2. DEFINITIONS.
In this Act:
(1) Death investigation.--The term ``death investigation''
has the meaning determined by the Attorney General.
(2) Death investigation of interest to indian tribes.--The
term ``death investigation of interest to Indian Tribes''
means a case involving--
(A) a death investigation into the death of an Indian; or
(B) a death investigation of a person found on, in, or
adjacent to Indian land or a Village.
(3) Director.--The term ``Director'' means the Deputy
Bureau Director of the Office of Justice Services of the
Bureau of Indian Affairs.
(4) Federal law enforcement agency.--The term ``Federal law
enforcement agency'' means the Office of Justice Services of
the Bureau of Indian Affairs, the Federal Bureau of
Investigation, and any other Federal law enforcement agency
that--
(A) has jurisdiction over crimes in Indian country; or
(B) investigates missing persons cases of interest to
Indian Tribes, death investigations of interest to Indian
Tribes, unclaimed human remains cases of interest to Indian
Tribes, or unidentified remains cases of interest to Indian
Tribes.
(5) Indian.--The term ``Indian'' has the meaning given the
term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(6) Indian country.--The term ``Indian country'' has the
meaning given the term in section 1151 of title 18, United
States Code.
(7) Indian land.--The term ``Indian land'' has the meaning
given the term ``Indian lands'' in section 3 of the Native
American Business Development, Trade Promotion, and Tourism
Act of 2000 (25 U.S.C. 4302).
(8) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
[[Page S7055]]
(9) Missing persons case of interest to indian tribes.--The
term ``missing persons case of interest to Indian Tribes''
means a case involving--
(A) a missing Indian; or
(B) a missing person whose last known location is believed
to be on, in, or adjacent to Indian land or a Village.
(10) National crime information databases.--The term
``national crime information databases'' has the meaning
given the term in section 534(f)(3) of title 28, United
States Code.
(11) Relevant tribal organization.--The term ``relevant
Tribal organization'' means, as applicable--
(A) a Tribal organization or an urban Indian organization;
and
(B) a national or regional organization that--
(i) represents a substantial Indian constituency; and
(ii) has expertise in the fields of--
(I) human trafficking of Indians;
(II) human trafficking on Indian land or in a Village;
(III) violence against Indians;
(IV) missing or murdered Indigenous persons; or
(V) Tribal justice systems.
(12) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(13) Sexual violence case of interest to indian tribes.--
The term ``sexual violence case of interest to Indian
Tribes'' means a case involving an allegation of sexual
violence (as defined in section 204(a) of Public Law 90-284
(25 U.S.C. 1304(a))).
(14) Tribal justice official.--The term ``Tribal justice
official'' has the meaning given the term ``tribal justice
official'' in section 2 of the Indian Law Enforcement Reform
Act (25 U.S.C. 2801).
(15) Tribal organization.--The term ``Tribal organization''
has the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).
(16) Unclaimed human remains case of interest to indian
tribes.--The term ``unclaimed human remains case of interest
to Indian Tribes'' means a case involving--
(A) unclaimed Indian remains identified by Federal, Tribal,
State, or local law enforcement; or
(B) unclaimed human remains found on, in, or adjacent to
Indian land or a Village.
(17) Unidentified remains case of interest to indian
tribes.--The term ``unidentified remains case of interest to
Indian Tribes'' means a case involving--
(A) unidentified Indian remains; or
(B) unidentified remains found on, in, or adjacent to
Indian land or a Village.
(18) Urban indian organization.--The term ``urban Indian
organization'' has the meaning given the term in section 4 of
the Indian Health Care Improvement Act (25 U.S.C. 1603).
(19) Village.--The term ``Village'' means the Alaska Native
Village Statistical Area covering all or any portion of a
Native village (as defined in section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602)), as depicted on the
applicable Tribal Statistical Area Program Verification Map
of the Bureau of the Census.
TITLE I--BRIDGING AGENCY DATA GAPS
SEC. 101. NATIONAL MISSING AND UNIDENTIFIED PERSONS SYSTEM
TRIBAL FACILITATOR.
(a) Appointment.--The Attorney General shall appoint 1 or
more Tribal facilitators for the National Missing and
Unidentified Persons System.
(b) Duties.--The duties of a Tribal facilitator appointed
under subsection (a) shall include--
(1) coordinating the reporting of information relating to
missing persons cases of interest to Indian Tribes, unclaimed
human remains cases of interest to Indian Tribes, and
unidentified remains cases of interest to Indian Tribes;
(2) consulting and coordinating with Indian Tribes and
relevant Tribal organizations to address the reporting,
documentation, and tracking of missing persons cases of
interest to Indian Tribes, unclaimed human remains cases of
Interest to Indian Tribes, and unidentified remains cases of
interest to Indian Tribes;
(3) developing working relationships, and maintaining
communication, with Indian Tribes and relevant Tribal
organizations;
(4) providing technical assistance and training to Indian
Tribes and relevant Tribal organizations, victim service
advocates, medical examiners, coroners, and Tribal justice
officials regarding--
(A) the gathering and reporting of information to the
National Missing and Unidentified Persons System; and
(B) working with non-Tribal law enforcement agencies to
encourage missing persons cases of interest to Indian Tribes,
unclaimed human remains cases of interest to Indian Tribes,
and unidentified remains cases of interest to Indian Tribes
are reported to the National Missing and Unidentified Persons
System;
(5) coordinating with the Office of Tribal Justice, the
Office of Justice Services of the Bureau of Indian Affairs,
the Executive Office for United States Attorneys, the Federal
Bureau of Investigation, State law enforcement agencies, and
the National Indian Country Training Initiative, as
necessary; and
(6) conducting other training, information gathering, and
outreach activities to improve resolution of missing persons
cases of interest to Indian Tribes, unclaimed human remains
cases of interest to Indian Tribes, and unidentified remains
cases of interest to Indian Tribes.
(c) Reporting and Transparency.--
(1) Annual reports to congress.--During the 3-year-period
beginning on the date of enactment of this Act, the Attorney
General, acting through the Director of the National
Institute of Justice, shall submit to the Committees on
Indian Affairs, the Judiciary, and Appropriations of the
Senate and the Committees on Natural Resources, the
Judiciary, and Appropriations of the House of Representatives
an annual report describing the activities and
accomplishments of the Tribal facilitators appointed under
subsection (a) during the 1-year period preceding the date of
the report.
(2) Public transparency.--Annually, the Attorney General,
acting through the Director of the National Institute of
Justice, shall publish on a website publicly accessible
information describing the activities and accomplishments of
the Tribal facilitators appointed under subsection (a) during
the 1-year period preceding the date of the publication.
SEC. 102. REPORT ON INDIAN COUNTRY LAW ENFORCEMENT PERSONNEL
RESOURCES AND NEED.
(a) Office of Justice Services of the Bureau of Indian
Affairs.--Section 3(c)(16) of the Indian Law Enforcement
Reform Act (25 U.S.C. 2802(c)(16)) is amended by striking
subparagraph (C) and inserting the following:
``(C) a list of the unmet--
``(i) staffing needs of law enforcement, corrections, and
court personnel, including criminal investigators, medical
examiners, coroners, forensic technicians, indigent defense
staff, crime victim services staff, and prosecution staff, at
Tribal and Bureau justice agencies, including the Missing and
Murdered Unit of the Office of Justice Services of the
Bureau;
``(ii) replacement and repair needs of Tribal and Bureau
corrections facilities;
``(iii) infrastructure and capital needs for Tribal police
and court facilities, including evidence storage and
processing; and
``(iv) public safety and emergency communications and
technology needs, including equipment and internet capacity
needs; and''.
(b) Department of Justice.--
(1) Definition of department of justice law enforcement
agency.--In this subsection, the term ``Department of Justice
law enforcement agency'' means each of--
(A) the Federal Bureau of Investigation;
(B) the Drug Enforcement Administration;
(C) the United States Marshals Service;
(D) the Bureau of Alcohol, Tobacco, Firearms and
Explosives; and
(E) the Offices of the United States Attorneys.
(2) Annual report.--Each fiscal year, the Attorney General
shall submit to the Committees on Indian Affairs, the
Judiciary, and Appropriations of the Senate and the
Committees on Natural Resources, the Judiciary, and
Appropriations of the House of Representatives a report for
that fiscal year that includes--
(A) the number of full-time employees of each Department of
Justice law enforcement agency that are assigned to work on
criminal investigations and prosecutions in Indian country;
(B) the percentage of time the full-time employees, as
identified under subparagraph (A), spend specifically working
in Indian country;
(C) the turnover rate during the 5-year period preceding
the report of full-time employees assigned to work on
criminal investigations and prosecutions in Indian country;
(D) the average years of experience at the Department of
Justice of full-time employees assigned to work on criminal
investigations and prosecutions in Indian country;
(E) the number of vacant positions with responsibilities
for criminal investigations and prosecutions in Indian
country;
(F) an identification of expertise and skills necessary to
achieve the strategic goals of the Department of Justice
relating to public safety in Indian country;
(G) an estimate of the number of employees needed with
specific skills and competencies to fulfill responsibilities
assigned for criminal investigations and prosecutions in
Indian country; and
(H) a list of measures identified to indicate whether and
how the Department of Justice plans to execute its hiring,
retention, and training strategies.
(3) GAO study and report.--
(A) Study.--
(i) In general.--Not later than 18 months after the date on
which the first annual report is submitted under paragraph
(2), the Comptroller General of the United States shall
conduct a review of unmet staffing identified by the
Department of Justice law enforcement agencies tasked with
work on criminal investigations and prosecutions in Indian
country.
(ii) Requirement.--In conducting the study required under
clause (i), the Comptroller General of the United States
shall take into account the results of the most recent
report, as of the date of enactment of this Act, relating to
Indian country investigations and prosecutions prepared by
the Attorney General pursuant to section 10(b) of the Indian
Law Enforcement Reform Act (25 U.S.C. 2809(b)).
(B) Report.--On completion of the review under subparagraph
(A), the Comptroller General of the United States shall
submit to the Committees on Indian Affairs, the Judiciary,
and Appropriations of the Senate and the Committees on
Natural Resources, the Judiciary, and Appropriations of the
House of Representatives a report that describes the results
of the study, including, as appropriate, proposals for
methods by which the Department of Justice can better measure
its unmet staffing and other needs for Department of Justice
law enforcement agencies tasked with work on criminal
investigations and prosecutions in Indian country.
TITLE II--ENSURING SAFETY FOR NATIVE COMMUNITIES
SEC. 201. DEMONSTRATION PROGRAM ON BUREAU OF INDIAN AFFAIRS
LAW ENFORCEMENT EMPLOYMENT BACKGROUND CHECKS.
(a) Establishment of Demonstration Program.--
[[Page S7056]]
(1) In general.--The Secretary shall establish a
demonstration program for the purpose of conducting or
adjudicating, in coordination with the Director, personnel
background investigations for applicants for law enforcement
positions in the Bureau of Indian Affairs.
(2) Background investigations and security clearance
determinations.--
(A) BIA investigations.--As part of the demonstration
program established under paragraph (1), the Secretary may
carry out a background investigation, security clearance
determination, or both a background investigation and a
security clearance determination for an applicant for a law
enforcement position in the Bureau of Indian Affairs.
(B) Agreements.--The Secretary may enter into a memorandum
of agreement with a State or local government, Indian Tribe,
or Tribal organization to develop steps to expedite the
process of receiving and obtaining access to information
pertinent to background investigation and security clearance
determinations for use in the demonstration program.
(3) Sunset.--The demonstration program established under
paragraph (1) shall terminate 5 years after the date of the
commencement of the demonstration program.
(b) Sufficiency.--Notwithstanding any other provision of
law, a background investigation conducted or adjudicated by
the Secretary pursuant to the demonstration program
established under subsection (a)(1) that results in the
granting of a security clearance to an applicant for a law
enforcement position in the Bureau of Indian Affairs shall be
sufficient to meet the applicable requirements of the Office
of Personnel Management or other Federal agency for such
investigations.
(c) Report.--Not later than 3 years after the date on which
the demonstration program is established under subsection
(a)(1), the Secretary shall submit to the Committees on
Indian Affairs, the Judiciary, and Appropriations of the
Senate and the Committees on Natural Resources, the
Judiciary, and Appropriations of the House of Representatives
a report on the demonstration program, which shall include a
description of--
(1) the demonstration program and any recommended changes
or updates to the demonstration program, including whether
the demonstration program should be reauthorized;
(2) the number of background investigations carried out
under the demonstration program;
(3) the costs, including any cost savings, associated with
the investigation and adjudication process under the
demonstration program;
(4) the processing times for the investigation and
adjudication processes under the demonstration program; and
(5) any other information that the Secretary determines to
be relevant.
SEC. 202. MISSING OR MURDERED RESPONSE COORDINATION GRANT
PROGRAM.
(a) Establishment of Grant Program.--The Attorney General
shall establish within the Office of Justice Programs a grant
program under which the Attorney General shall make grants to
eligible entities described in subsection (b) to carry out
eligible activities described in subsection (c).
(b) Eligible Entities.--
(1) In general.--To be eligible to receive a grant under
the grant program established under subsection (a) an entity
shall be--
(A) an Indian Tribe;
(B) a relevant Tribal organization;
(C) subject to paragraph (2), a State, in consortium with--
(i) 1 or more Indian Tribes; and
(ii) relevant Tribal organizations, if any;
(D) a consortium of 2 or more Indian Tribes or relevant
Tribal organizations; or
(E) subject to paragraph (2), a consortium of 2 or more
States in consortium with--
(i) 1 or more Indian Tribes; and
(ii) relevant Tribal organizations, if any.
(2) State eligibility.--To be eligible under subparagraph
(C) or (E) of paragraph (1), a State shall demonstrate to the
satisfaction of the Attorney General that the State--
(A)(i) reports missing persons cases in the State to the
national crime information databases; or
(ii) if not, has a plan to do so using a grant received
under the grant program established under subsection (a); and
(B) if data sharing between the State and the Indian Tribes
and relevant Tribal organizations with which the State is in
consortium is part of the intended use of the grant received
under the grant program established under subsection (a), has
entered into a memorandum of understanding with each
applicable Indian Tribe and relevant Tribal organization.
(c) Eligible Activities.--An eligible entity receiving a
grant under the grant program established under subsection
(a) may use the grant--
(1) to establish a statewide or regional center--
(A) to document and track--
(i) missing persons cases of interest to Indian Tribes;
(ii) sexual violence cases of interest to Indian Tribes;
and
(iii) death investigations of interest to Indian Tribes;
and
(B) to input information regarding missing persons cases of
interest to Indian Tribes, unclaimed human remains cases of
interest to Indian Tribes, and unidentified remains cases of
interest to Indian Tribes into the National Missing and
Unidentified Persons System and the Missing Persons File in
the National Crime Information Center;
(2) to establish a State or regional commission to respond
to, and to improve coordination between Federal law
enforcement agencies, and Tribal, State, and local law
enforcement agencies of the investigation of, missing persons
cases of interest to Indian Tribes, sexual violence cases of
interest to Indian Tribes, and death investigations of
interest to Indian Tribes; and
(3) to document, develop, and disseminate resources for the
coordination and improvement of the investigation of missing
persons cases of interest to Indian Tribes, sexual violence
cases of interest to Indian Tribes, and death investigations
of interest to Indian Tribes, including to develop local or
statewide rapid notification or communication systems for
alerts and other information relating to those cases.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the grant program established
under subsection (a)(1) $1,000,000 for each of fiscal years
2025 through 2029.
SEC. 203. GAO STUDY ON FEDERAL LAW ENFORCEMENT AGENCY
EVIDENCE COLLECTION, HANDLING, AND PROCESSING.
(a) In General.--The Comptroller General of the United
States shall conduct a study--
(1) on the evidence collection, handling, response times,
and processing procedures and practices of the Office of
Justice Services of the Bureau of Indian Affairs and the
Federal Bureau of Investigation in exercising jurisdiction
over crimes involving Indians or committed in Indian country;
(2) on barriers to evidence collection, handling, response
times, and processing identified by the agencies referred to
in paragraph (1);
(3) on the views of law enforcement officials at the
agencies referred to in paragraph (1) and their counterparts
within the Offices of the United States Attorneys concerning
any relationship between--
(A) the barriers identified under paragraph (2); and
(B) United States Attorneys declination rates due to
insufficient evidence; and
(4) that includes a description of barriers to evidence
collection, handling, response times, and processing
identified and faced by--
(A) Tribal law enforcement agencies; and
(B) State and local law enforcement agencies that exercise
jurisdiction over Indian country.
(b) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committees on Indian Affairs, the
Judiciary, and Appropriations of the Senate and the
Committees on Natural Resources, the Judiciary, and
Appropriations of the House of Representatives a report
describing the results of the study conducted under
subsection (a).
SEC. 204. BUREAU OF INDIAN AFFAIRS AND TRIBAL LAW ENFORCEMENT
OFFICER COUNSELING RESOURCES INTERDEPARTMENTAL
COORDINATION.
The Secretary of Health and Human Services and the Attorney
General shall coordinate with the Director--
(1) to ensure that Federal training materials and
culturally appropriate mental health and wellness programs
are locally or regionally available to law enforcement
officers working for the Office of Justice Services of the
Bureau of Indian Affairs or an Indian Tribe; and
(2) to determine whether law enforcement agencies operated
by the Office of Justice Services of the Bureau of Indian
Affairs and Indian Tribes are eligible to receive services
under--
(A) the Law Enforcement Assistance Program of Federal
Occupational Health of the Department of Health and Human
Services; or
(B) any other law enforcement assistance program targeted
to meet the needs of law enforcement officers working for law
enforcement agencies operated by the Federal Government or an
Indian Tribe.
Mr. SCHUMER. I ask unanimous consent that the committee-reported
substitute amendment be agreed to; that the bill, as amended, be
considered read a third time and passed; and that the motion to
reconsider be considered made and laid upon the table.
PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendment in the nature of a substitute was
agreed to.
The bill (S. 465), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
____________________