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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1853 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 476
116th CONGRESS
  2d Session
                                S. 1853

                          [Report No. 116-230]

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2019

 Mr. Udall (for himself, Ms. Cortez Masto, Mr. Tester, Ms. Murkowski, 
 Ms. McSally, and Ms. Smith) introduced the following bill; which was 
       read twice and referred to the Committee on Indian Affairs

                              June 4, 2020

               Reported by Mr. Hoeven, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (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''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
              <DELETED>TITLE I--BRIDGING AGENCY DATA GAPS

<DELETED>Sec. 101. Federal law enforcement database reporting 
                            requirements.
<DELETED>Sec. 102. National Missing and Unidentified Persons System 
                            Tribal liaison.
<DELETED>Sec. 103. Law enforcement data sharing with Indian tribes.
<DELETED>Sec. 104. Report on Indian country law enforcement personnel 
                            resources and need.
       <DELETED>TITLE II--ENSURING SAFETY FOR NATIVE COMMUNITIES

<DELETED>Sec. 201. Demonstration program on Bureau of Indian Affairs 
                            law enforcement employment background 
                            checks.
<DELETED>Sec. 202. Missing and murdered response coordination grant 
                            program.
<DELETED>Sec. 203. GAO study on Federal law enforcement agency evidence 
                            collection, handling, and processing.
<DELETED>Sec. 204. Bureau of Indian Affairs and Tribal law enforcement 
                            officer counseling resources 
                            interdepartmental coordination.

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Director.--The term ``Director'' means the 
        Director of the Office of Justice Services.</DELETED>
        <DELETED>    (2) 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--</DELETED>
                <DELETED>    (A) has jurisdiction over crimes in Indian 
                country; or</DELETED>
                <DELETED>    (B) investigates missing persons cases of 
                interest to Indian tribes, murder cases of interest to 
                Indian tribes, or unidentified remains cases of 
                interest to Indian tribes.</DELETED>
        <DELETED>    (3) 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).</DELETED>
        <DELETED>    (4) Indian country.--The term ``Indian country'' 
        has the meaning given the term in section 1151 of title 18, 
        United States Code.</DELETED>
        <DELETED>    (5) 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).</DELETED>
        <DELETED>    (6) 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).</DELETED>
        <DELETED>    (7) Manslaughter.--The term ``manslaughter'' has 
        the meaning given the term in section 1112 of title 18, United 
        States Code.</DELETED>
        <DELETED>    (8) Missing.--The term ``missing'' has the meaning 
        determined by the applicable Federal law enforcement 
        agency.</DELETED>
        <DELETED>    (9) Missing persons case of interest to indian 
        tribes.--The term ``missing persons case of interest to Indian 
        tribes'' means a case involving--</DELETED>
                <DELETED>    (A) a missing Indian; or</DELETED>
                <DELETED>    (B) a missing person whose last known 
                location is believed to be on, in, or near Indian 
                land.</DELETED>
        <DELETED>    (10) Murder.--The term ``murder'' has the meaning 
        given the term in section 1111 of title 18, United States 
        Code.</DELETED>
        <DELETED>    (11) Murder case of interest to indian tribes.--
        The term ``murder case of interest to Indian tribes'' means a 
        case involving--</DELETED>
                <DELETED>    (A) a murdered Indian; or</DELETED>
                <DELETED>    (B) a person murdered on, in, or near 
                Indian land.</DELETED>
        <DELETED>    (12) Murdered.--The term ``murdered'', with 
        respect to a person, means the person was the victim of--
        </DELETED>
                <DELETED>    (A) murder; or</DELETED>
                <DELETED>    (B) manslaughter.</DELETED>
        <DELETED>    (13) 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.</DELETED>
        <DELETED>    (14) Relevant tribal stakeholder.--The term 
        ``relevant Tribal stakeholder'' means, as applicable--
        </DELETED>
                <DELETED>    (A) an Indian tribe;</DELETED>
                <DELETED>    (B) a tribal organization; and</DELETED>
                <DELETED>    (C) a national or regional organization 
                that--</DELETED>
                        <DELETED>    (i) represents a substantial 
                        Indian constituency; and</DELETED>
                        <DELETED>    (ii) has expertise in the fields 
                        of--</DELETED>
                                <DELETED>    (I) human 
                                trafficking;</DELETED>
                                <DELETED>    (II) violence against 
                                women and children; or</DELETED>
                                <DELETED>    (III) Tribal justice 
                                systems.</DELETED>
        <DELETED>    (15) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (16) 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).</DELETED>
        <DELETED>    (17) 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).</DELETED>
        <DELETED>    (18) Unidentified remains case of interest to 
        indian tribes.--The term ``unidentified remains case of 
        interest to Indian tribes'' means a case involving--</DELETED>
                <DELETED>    (A) unidentified Indian remains; 
                or</DELETED>
                <DELETED>    (B) unidentified remains found on, in, or 
                near Indian land.</DELETED>

         <DELETED>TITLE I--BRIDGING AGENCY DATA GAPS</DELETED>

<DELETED>SEC. 101. FEDERAL LAW ENFORCEMENT DATABASE REPORTING 
              REQUIREMENTS.</DELETED>

<DELETED>    (a) In General.--Section 151(a) of the Sex Offender 
Registration and Notification Act (34 U.S.C. 20961(a)) is amended--
</DELETED>
        <DELETED>    (1) in paragraph (1), by striking ``and'' after 
        the semicolon;</DELETED>
        <DELETED>    (2) by redesignating paragraph (2) as paragraph 
        (3); and</DELETED>
        <DELETED>    (3) by inserting after paragraph (1) the 
        following:</DELETED>
        <DELETED>    ``(2) the National Missing and Unidentified 
        Persons System, to be used by a person accessing the System 
        only within the scope of the work of the person in assisting or 
        supporting law enforcement efforts to solve missing, 
        unidentified, and unclaimed person cases across the United 
        States; and''.</DELETED>
<DELETED>    (b) Sharing of Information.--Not later than 2 years after 
the date of enactment of this Act, the Attorney General shall, in a 
manner that maintains the integrity of confidential, private, and law 
enforcement sensitive information, provide for information on missing 
persons and unidentified remains contained in national crime 
information databases to be transmitted to, entered in, and otherwise 
shared with the National Missing and Unidentified Persons 
System.</DELETED>
<DELETED>    (c) Temporary Reporting Requirements.--Until such time as 
the data sharing procedures required under subsection (b) are in 
effect, each Federal law enforcement agency shall enter into the 
National Missing and Unidentified Persons System each missing persons 
case of interest to Indian tribes and each unidentified remains case of 
interest to Indian tribes reported to or investigated by the Federal 
law enforcement agency.</DELETED>
<DELETED>    (d) Coordination With NamUs Tribal Liaison.--The Director 
and the Director of the Federal Bureau of Investigation shall each 
appoint a liaison to coordinate with the 1 or more Tribal liaisons 
appointed under section (4)(a) to ensure that--</DELETED>
        <DELETED>    (1) all missing persons cases of interest to 
        Indian tribes and all unidentified remains cases of interest to 
        Indian tribes are fully captured in the National Missing and 
        Unidentified Persons System; and</DELETED>
        <DELETED>    (2) Indian tribes are aware of, and able to 
        access, information in the National Missing and Unidentified 
        Persons System.</DELETED>

<DELETED>SEC. 102. NATIONAL MISSING AND UNIDENTIFIED PERSONS SYSTEM 
              TRIBAL LIAISON.</DELETED>

<DELETED>    (a) Appointment.--The Attorney General, acting through the 
Director of the National Institute of Justice, shall appoint 1 or more 
Tribal liaisons for the National Missing and Unidentified Persons 
System.</DELETED>
<DELETED>    (b) Duties.--The duties of a Tribal liaison appointed 
under subsection (a) shall include--</DELETED>
        <DELETED>    (1) coordinating the reporting of information 
        relating to missing persons cases of interest to Indian tribes 
        and unidentified remains cases of interest to Indian 
        tribes;</DELETED>
        <DELETED>    (2) consulting and coordinating with relevant 
        Tribal stakeholders to address the reporting, documentation, 
        and tracking of missing persons cases of interest to Indian 
        tribes and unidentified remains cases of interest to Indian 
        tribes;</DELETED>
        <DELETED>    (3) developing working relationships, and 
        maintaining communication, with relevant Tribal 
        stakeholders;</DELETED>
        <DELETED>    (4) providing technical assistance and training to 
        relevant Tribal stakeholders, victim service advocates, medical 
        examiners, and tribal justice officials regarding--</DELETED>
                <DELETED>    (A) the gathering and reporting of 
                information to the National Missing and Unidentified 
                Persons System; and</DELETED>
                <DELETED>    (B) working with non-Tribal law 
                enforcement agencies to ensure all missing persons 
                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;</DELETED>
        <DELETED>    (5) coordinating with the Office of Tribal Justice 
        and the Office of Justice Services, as necessary; and</DELETED>
        <DELETED>    (6) conducting other training, information 
        gathering, and outreach activities to improve resolution of 
        missing persons cases of interest to Indian tribes and 
        unidentified remains cases of interest to Indian 
        tribes.</DELETED>
<DELETED>    (c) Reporting and Transparency.--</DELETED>
        <DELETED>    (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 and the Judiciary of the Senate and the Committees on 
        Natural Resources and the Judiciary of the House of 
        Representatives an annual report--</DELETED>
                <DELETED>    (A) describing the activities and 
                accomplishments of the 1 or more Tribal liaisons 
                appointed under subsection (a) during the 1-year period 
                preceding the date of the report; and</DELETED>
                <DELETED>    (B) summarizing--</DELETED>
                        <DELETED>    (i) the number of missing persons 
                        cases of interest to Indian tribes and 
                        unidentified remains cases of interest to 
                        Indian tribes listed in the National Missing 
                        and Unidentified Persons System;</DELETED>
                        <DELETED>    (ii) the percentage of missing 
                        persons 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; and</DELETED>
                        <DELETED>    (iii) the reasons for those 
                        closures.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) describing the activities and 
                accomplishments of the 1 or more Tribal liaisons 
                appointed under subsection (a) during the 1-year period 
                preceding the date of the publication; and</DELETED>
                <DELETED>    (B) summarizing--</DELETED>
                        <DELETED>    (i) the number of missing persons 
                        cases of interest to Indian tribes and 
                        unidentified remains cases of interest to 
                        Indian tribes listed in the National Missing 
                        and Unidentified Persons System;</DELETED>
                        <DELETED>    (ii) the percentage of missing 
                        persons 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; and</DELETED>
                        <DELETED>    (iii) the reasons for those 
                        closures.</DELETED>

<DELETED>SEC. 103. LAW ENFORCEMENT DATA SHARING WITH INDIAN 
              TRIBES.</DELETED>

<DELETED>    (a) Access to National Crime Information Databases by 
Tribes.--Section 233(b) of the Tribal Law and Order Act of 2010 (34 
U.S.C. 41107) is amended--</DELETED>
        <DELETED>    (1) by striking paragraph (1) and inserting the 
        following:</DELETED>
        <DELETED>    ``(1) In general.--The Attorney General shall 
        ensure that--</DELETED>
                <DELETED>    ``(A) tribal law enforcement officials 
                that meet applicable Federal or State requirements 
                shall be permitted access to national crime information 
                databases;</DELETED>
                <DELETED>    ``(B) technical assistance and training is 
                provided to Bureau of Indian Affairs and tribal law 
                enforcement agencies to gain access to, and the ability 
                to use and input information into, the National Crime 
                Information Center and other national crime information 
                databases pursuant to section 534 of title 28, United 
                States Code; and</DELETED>
                <DELETED>    ``(C) the Federal Bureau of Investigation 
                coordinates with the Office of Justice Services to 
                ensure tribal law enforcement agencies are assigned 
                appropriate credentials or ORI numbers for uniform 
                crime reporting purposes.''; and</DELETED>
        <DELETED>    (2) in paragraph (3), by striking ``with criminal 
        jurisdiction over Indian country''.</DELETED>
<DELETED>    (b) Acquisition, Preservation, and Exchange of 
Identification Records and Information.--Section 534(d) of title 28, 
United States Code, is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively, and indenting 
        appropriately;</DELETED>
        <DELETED>    (2) in the matter preceding subparagraph (A) (as 
        so redesignated), by striking ``The Attorney General'' and 
        inserting the following:</DELETED>
        <DELETED>    ``(1) In general.--The Attorney General''; 
        and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(2) Tribal access program.--</DELETED>
                <DELETED>    ``(A) In general.--The Attorney General 
                shall establish a program, to be known as the `Tribal 
                Access Program', to enhance the ability of tribal 
                governments to access and enter information into 
                Federal criminal information databases under this 
                section.</DELETED>
                <DELETED>    ``(B) Authorization of appropriations.--
                </DELETED>
                        <DELETED>    ``(i) In general.--There is 
                        authorized to be appropriated to carry out the 
                        Tribal Access Program under subparagraph (A) 
                        $3,000,000 for each of fiscal years 2020 
                        through 2024, to remain available until 
                        expended.</DELETED>
                        <DELETED>    ``(ii) Additional funding.--The 
                        Attorney General may use to carry out the 
                        Tribal Access Program under subparagraph (A) 
                        any balances remaining for the account under 
                        the heading `violence against women prevention 
                        and prosecution programs' under the heading 
                        `State and Local Law Enforcement Activities 
                        Office on Violence Against Women' of the 
                        Department of Justice from appropriations for 
                        full fiscal years prior to the date of 
                        enactment of the Bridging Agency Data Gaps and 
                        Ensuring Safety for Native Communities 
                        Act.</DELETED>
        <DELETED>    ``(3) Information sharing.--To the extent 
        otherwise permitted by law, any report issued as a result of 
        the analysis of information entered into Federal criminal 
        information databases or obtained from Federal criminal 
        databases, including for the purpose of conducting background 
        checks, shall be shared with each Indian tribe of 
        jurisdiction.''.</DELETED>

<DELETED>SEC. 104. REPORT ON INDIAN COUNTRY LAW ENFORCEMENT PERSONNEL 
              RESOURCES AND NEED.</DELETED>

<DELETED>    (a) Definition of DOJ Law Enforcement Agency.--In this 
section, the term ``DOJ law enforcement agency'' means each of--
</DELETED>
        <DELETED>    (1) the Federal Bureau of Investigation;</DELETED>
        <DELETED>    (2) the Drug Enforcement Administration;</DELETED>
        <DELETED>    (3) the United States Marshals Service;</DELETED>
        <DELETED>    (4) the Bureau of Alcohol, Tobacco, Firearms and 
        Explosives; and</DELETED>
        <DELETED>    (5) the Offices of the United States 
        Attorneys.</DELETED>
<DELETED>    (b) Report.--Each fiscal year, the Attorney General shall 
submit to the appropriate committees of Congress a report describing 
for that fiscal year--</DELETED>
        <DELETED>    (1) the number of full-time employees of each DOJ 
        law enforcement agency that are assigned to work on criminal 
        investigations and prosecutions in Indian country;</DELETED>
        <DELETED>    (2) an estimate of the average caseload of--
        </DELETED>
                <DELETED>    (A) the full-time employees described in 
                paragraph (1); compared to</DELETED>
                <DELETED>    (B) the other full-time employees at the 
                respective DOJ law enforcement agency that are assigned 
                to work on criminal investigations and prosecutions; 
                and</DELETED>
        <DELETED>    (3) an explanation for any differences in the 
        average caseloads identified under subparagraphs (A) and (B) of 
        paragraph (2).</DELETED>

  <DELETED>TITLE II--ENSURING SAFETY FOR NATIVE COMMUNITIES</DELETED>

<DELETED>SEC. 201. DEMONSTRATION PROGRAM ON BUREAU OF INDIAN AFFAIRS 
              LAW ENFORCEMENT EMPLOYMENT BACKGROUND CHECKS.</DELETED>

<DELETED>    (a) Establishment of Program.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Background investigations and security 
        clearance determinations.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Use of previous investigations and 
                determinations.--</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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--
                        </DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Sunset.--The demonstration program established 
        under this section shall terminate 5 years after the date of 
        the commencement of the program.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Annual Report.--The Secretary shall submit an annual 
report to the Committee on Indian Affairs of the Senate and the 
Committee on Natural Resources of the House of Representatives on the 
demonstration program established under subsection (a), which shall 
include a description of--</DELETED>
        <DELETED>    (1) the demonstration program and any relevant 
        annual changes or updates to the program;</DELETED>
        <DELETED>    (2) the number of background investigations 
        carried out under the program;</DELETED>
        <DELETED>    (3) the costs, including any cost savings, 
        associated with the investigation and adjudication process 
        under the program;</DELETED>
        <DELETED>    (4) the processing times for the investigation and 
        adjudication processes under the program;</DELETED>
        <DELETED>    (5) any Memoranda of Agreement entered into with 
        State or local government, Indian tribe, or tribal 
        organization; and</DELETED>
        <DELETED>    (6) any other information that the Secretary 
        determines to be relevant.</DELETED>
<DELETED>    (d) GAO Study and Report.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 202. MISSING AND MURDERED RESPONSE COORDINATION GRANT 
              PROGRAM.</DELETED>

<DELETED>    (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).</DELETED>
<DELETED>    (b) Eligible Entities.--</DELETED>
        <DELETED>    (1) In general.--To be eligible to receive a grant 
        under the grant program established under subsection (a) an 
        entity shall be--</DELETED>
                <DELETED>    (A) a relevant Tribal 
                stakeholder;</DELETED>
                <DELETED>    (B) subject to paragraph (2), a State, in 
                consortium with a relevant Tribal 
                stakeholder;</DELETED>
                <DELETED>    (C) a consortium of 2 or more relevant 
                Tribal stakeholders; or</DELETED>
                <DELETED>    (D) subject to paragraph (2), a consortium 
                of 2 or more States and 1 or more relevant Tribal 
                stakeholders.</DELETED>
        <DELETED>    (2) State eligibility.--To be eligible under 
        subparagraph (B) or (D) of paragraph (1), a State shall 
        demonstrate to the satisfaction of the Attorney General that 
        the State--</DELETED>
                <DELETED>    (A) reports missing persons cases in the 
                State to the national crime information databases; 
                or</DELETED>
                <DELETED>    (B) if not, has a plan to do so using a 
                grant received under the grant program established 
                under subsection (a).</DELETED>
<DELETED>    (c) Eligible Activities.--An eligible entity receiving a 
grant under the grant program established under subsection (a) may use 
the grant--</DELETED>
        <DELETED>    (1) to establish a statewide or regional center to 
        document and track missing persons cases of interest to Indian 
        tribes and murder cases of interest to Indian tribes;</DELETED>
        <DELETED>    (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 and murder cases of interest 
        to Indian tribes; and</DELETED>
        <DELETED>    (3) to document, develop, and disseminate 
        resources for use by Federal law enforcement agencies and 
        Tribal, State, and local law enforcement agencies for the 
        coordination of the investigation of missing persons cases of 
        interest to Indian tribes and murder cases of interest to 
        Indian tribes.</DELETED>
<DELETED>    (d) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out the program $1,000,000 for each of 
fiscal years 2020 through 2024.</DELETED>

<DELETED>SEC. 203. GAO STUDY ON FEDERAL LAW ENFORCEMENT AGENCY EVIDENCE 
              COLLECTION, HANDLING, AND PROCESSING.</DELETED>

<DELETED>    (a) In General.--The Comptroller General of the United 
States shall conduct a study--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) on any barriers to evidence collection, 
        handling, and processing by the agencies referred to in 
        paragraph (1);</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the barriers identified under 
                paragraph (2); and</DELETED>
                <DELETED>    (B) United States Attorneys declination 
                rates due to insufficient evidence; and</DELETED>
        <DELETED>    (4) that includes a survey of barriers to evidence 
        collection, handling, and processing faced by State and local 
        law enforcement agencies that exercise jurisdiction over Indian 
        country under the Act of August 15, 1953 (67 Stat. 588, chapter 
        505), and the amendments made by that Act.</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>SEC. 204. BUREAU OF INDIAN AFFAIRS AND TRIBAL LAW ENFORCEMENT 
              OFFICER COUNSELING RESOURCES INTERDEPARTMENTAL 
              COORDINATION.</DELETED>

<DELETED>    The Secretary of Health and Human Services, acting through 
the Director of the Indian Health Service and the Administrator of the 
Substance Abuse and Mental Health Services Administration, and the 
Attorney General shall coordinate with the Director to ensure that 
Federal training materials and resources for establishing and 
maintaining mental health wellness programs are available to Tribal and 
Bureau of Indian Affairs law enforcement officers experiencing 
occupational stress.</DELETED>

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. Federal law enforcement database reporting requirements.
Sec. 102. National Missing and Unidentified Persons System Tribal 
                            facilitator.
Sec. 103. Law enforcement data sharing with Indian tribes.
Sec. 104. 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.
            (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.
            (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; 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;
                                    (III) violence against Indian women 
                                and children; or
                                    (IV) tribal justice systems.
            (13) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (14) 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).
            (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 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.
            (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.

                   TITLE I--BRIDGING AGENCY DATA GAPS

SEC. 101. FEDERAL LAW ENFORCEMENT DATABASE REPORTING REQUIREMENTS.

    (a) In General.--Section 151 of the Sex Offender Registration and 
Notification Act (34 U.S.C. 20961) is amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following:
    ``(b) Access by NamUs.--Notwithstanding any other provision of law, 
not later than 2 years after the date of enactment of the BADGES for 
Native Communities Act, the Attorney General shall ensure access, as 
appropriate, to the national crime information databases (as defined in 
section 534(f)(3) of title 28, United States Code) by the National 
Missing and Unidentified Persons System, to be used by a person 
accessing the System only within the scope of the work of the person in 
assisting or supporting law enforcement efforts to solve missing, 
unidentified, and unclaimed person cases across the United States; 
and''.
    (b) Sharing of Information.--Not later than 2 years after the date 
of enactment of this Act, the Attorney General shall, in a manner that 
maintains the integrity of confidential, private, and law enforcement 
sensitive information and with the permission of the local law 
enforcement agency that originated the case, provide for information on 
missing persons, unclaimed remains, and unidentified remains contained 
in national crime information databases to be transmitted to, entered 
in, and otherwise shared with the National Missing and Unidentified 
Persons System.
    (c) Temporary Reporting Requirements.--Until such time as the data 
sharing procedures required under subsection (b) are in effect, each 
Federal law enforcement agency, as appropriate, shall enter into the 
National Missing and Unidentified Persons System each missing persons 
case of interest to Indian tribes, each unclaimed remains case of 
interest to Indian tribes, and each unidentified remains case of 
interest to Indian tribes investigated by the Federal law enforcement 
agency.
    (d) Coordination With NamUs Tribal Facilitator.--The Director and 
the Director of the Federal Bureau of Investigation shall each appoint 
a liaison to coordinate with the 1 or more Tribal facilitators 
appointed under section 102(a)--
            (1) to ensure that--
                    (A) 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 investigated by a Federal law enforcement 
                agency are fully captured in the National Missing and 
                Unidentified Persons System; and
                    (B) Indian tribes are aware of, and able to access, 
                information in the National Missing and Unidentified 
                Persons System; and
            (2) to conduct outreach to State and local law enforcement 
        agencies that exercise jurisdiction over Indian country under 
        the Act of August 15, 1953 (67 Stat. 588, chapter 505), and the 
        amendments made by that Act, to increase the input of 
        information concerning 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 in the National Missing and Unidentified Persons System.

SEC. 102. 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 
        and the Judiciary of the Senate and the Committees on Natural 
        Resources and the Judiciary 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;
                            (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. 103. LAW ENFORCEMENT DATA SHARING WITH INDIAN TRIBES.

    (a) Access to National Crime Information Databases by Tribes.--
Section 233(b) of the Tribal Law and Order Act of 2010 (34 U.S.C. 
41107) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) In general.--The Attorney General shall ensure that--
                    ``(A) tribal law enforcement officials that meet 
                applicable Federal or State requirements shall be 
                permitted access to national crime information 
                databases;
                    ``(B) technical assistance and training is provided 
                to Bureau of Indian Affairs and tribal law enforcement 
                agencies to gain access to, and the ability to use and 
                input information into, the National Crime Information 
                Center and other national crime information databases 
                pursuant to section 534 of title 28, United States 
                Code; and
                    ``(C) as appropriate, the Federal Bureau of 
                Investigation ensures tribal law enforcement agencies 
                and tribal justice systems are assigned appropriate 
                credentials or ORI numbers for uniform crime reporting 
                purposes.''; and
            (2) in paragraph (3), by striking ``with criminal 
        jurisdiction over Indian country''.
    (b) Acquisition, Preservation, and Exchange of Identification 
Records and Information.--Section 534(d) of title 28, United States 
Code, is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively, and indenting 
        appropriately;
            (2) in the matter preceding subparagraph (A) (as so 
        redesignated), by striking ``The Attorney General'' and 
        inserting the following:
            ``(1) In general.--The Attorney General''; and
            (3) by adding at the end the following:
            ``(2) Tribal civil and criminal information access 
        program.--
                    ``(A) In general.--The Attorney General shall 
                establish a program, to be known as the `Tribal Civil 
                and Criminal Information Access Program', to enhance 
                the ability of tribal governments to access, enter 
                information into, and obtain information from Federal 
                criminal information databases under this section.
                    ``(B) Authorization of appropriations.--
                            ``(i) In general.--There are authorized to 
                        be appropriated to carry out the Tribal Civil 
                        and Criminal Information Access Program under 
                        subparagraph (A)--
                                    ``(I) $5,000,000 for each of fiscal 
                                years 2021 and 2022, to remain 
                                available until expended; and
                                    ``(II) $7,000,000 for each fiscal 
                                years 2023 through 2025, to remain 
                                available until expended.
                            ``(ii) Additional funding.--
                                    ``(I) In general.--The Attorney 
                                General may use to carry out the Tribal 
                                Civil and Criminal Information Access 
                                Program under subparagraph (A) any 
                                balances remaining for the account 
                                under the heading `violence against 
                                women prevention and prosecution 
                                programs' under the heading `Office on 
                                Violence Against Women' under the 
                                heading `State and Local Law 
                                Enforcement Activities' of the 
                                Department of Justice from 
                                appropriations for full fiscal years 
                                prior to the date of enactment of the 
                                BADGES for Native Communities Act that 
                                were made available to carry out 
                                section 905(b)(1) of the Violence 
                                Against Women and Department of Justice 
                                Reauthorization Act of 2005 (34 U.S.C. 
                                20903(b)(1)).
                                    ``(II) Transfers.--The Attorney 
                                General may transfer some or all of the 
                                balances described in subclause (I) to 
                                any appropriations account of the 
                                Department of Justice as needed to 
                                support the Tribal Civil and Criminal 
                                Information Access Program.
            ``(3) Information sharing.--To the extent otherwise 
        permitted by law, any report issued as a result of the analysis 
        of information entered into Federal criminal information 
        databases or obtained from Federal criminal databases shall be 
        shared with each Indian tribe of jurisdiction, as 
        appropriate.''.
    (c) Identification Records.--The second undesignated paragraph in 
the matter under the heading ``salaries and expenses'' under the 
heading ``Federal Bureau of Investigation'' under title II of the 
Departments of State, Justice, and Commerce, the Judiciary, and Related 
Agencies Appropriation Act, 1973 (34 U.S.C. 41101) is amended--
            (1) by inserting ``or Tribal'' after ``if authorized by 
        State''; and
            (2) by inserting ``, Tribal,'' before ``and local 
        governments''.

SEC. 104. 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 appropriate committees of Congress 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) 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.
                    (B) Report.--On completion of the study under 
                subparagraph (A), the Comptroller General of the United 
                States shall submit to Congress 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 an annual report to 
the Committee on Indian Affairs of the Senate and the Committee on 
Natural Resources of the House of Representatives 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 1 or more Indian tribes or relevant 
                Tribal organizations;
                    (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 and 1 or more Indian tribes or relevant 
                Tribal organizations.
            (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 missing persons cases of 
                interest to Indian tribes and 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 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 and death 
        investigations of interest to Indian tribes.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the program $1,000,000 for each of fiscal 
years 2020 through 2024.

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 under the Act 
                of August 15, 1953 (67 Stat. 588, chapter 505), and the 
                amendments made by that Act.
    (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.
                                                       Calendar No. 476

116th CONGRESS

  2d Session

                                S. 1853

                          [Report No. 116-230]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                              June 4, 2020

                       Reported with an amendment
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