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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 465 Engrossed in Senate (ES)]

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118th CONGRESS
  2d Session
                                 S. 465

_______________________________________________________________________

                                 AN ACT

 
   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 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).
            (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.--
            (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.

            Passed the Senate December 16, 2024.

            Attest:

                                                             Secretary.
118th CONGRESS

  2d Session

                                 S. 465

_______________________________________________________________________

                                 AN ACT

   To require Federal law enforcement agencies to report on cases of 
          missing or murdered Indians, and for other purposes.
```