[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8960 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8960
To require Federal law enforcement agencies to report on cases of
missing or murdered Indians, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 22, 2022
Mr. Gallego (for himself, Mr. Cole, Ms. Davids of Kansas, Mr. Newhouse,
Ms. Norton, Mr. O'Halleran, and Mr. Cartwright) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committees on Natural Resources, Energy and
Commerce, and Oversight and Reform, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To require Federal law enforcement agencies to report on cases of
missing or murdered Indians, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Bridging Agency
Data Gaps and Ensuring Safety for Native Communities Act'' or the
``BADGES for Native Communities Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--BRIDGING AGENCY DATA GAPS
Sec. 101. 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.
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