Text of S. 465: BADGES for Native Communities Act (Introduced version)

118th CONGRESS

1st Session

S. 465

IN THE SENATE OF THE UNITED STATES

February 16, 2023

Ms. Cortez Masto (for herself and Mr. Hoeven) 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.

(a)

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)

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.

In this Act:

(1)

The term death investigation has the meaning determined by the Attorney General.

(2)

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)

The term Director means the Director of the Office of Justice Services.

(4)

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)

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)

The term Indian country has the meaning given the term in section 1151 of title 18, United States Code.

(7)

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)

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)

The term missing has the meaning determined by the Attorney General.

(10)

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)

The term national crime information databases has the meaning given the term in section 534(f)(3) of title 28, United States Code.

(12)

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)

The term Secretary means the Secretary of the Interior.

(14)

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)

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)

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)

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)

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)

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)

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.

101.

(a)

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)

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)

(1)

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)

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)

(ii)

102.

(a)

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)

(1)

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)

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)

(A)

(i)

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)

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)

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.

201.

(a)

(1)

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)

(A)

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)

(i)

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)

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)

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)

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)

The demonstration program established under paragraph (1) shall terminate 5 years after the date of the commencement of the demonstration program.

(b)

Notwithstanding any other provision of law, a background investigation conducted or adjudicated by the Secretary pursuant to the demonstration program authorized under 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)

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)(1), 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)

(1)

Not later than 18 months after the date on which the demonstration program established under subsection (a)(1) commences, the Comptroller General of the United States shall prepare and submit to Congress an initial report on such demonstration program.

(2)

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)

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.

202.

(a)

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)

(1)

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)

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)

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)

There is authorized to be appropriated to carry out the grant program established under subsection (a) $1,000,000 for each of fiscal years 2023 through 2027.

203.

(a)

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)

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).

204.

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.

S. 465: BADGES for Native Communities Act

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