I 
118TH CONGRESS 
1ST SESSION H. R. 1292 
To require Federal law enforcement agencies to report on cases of missing 
or murdered Indians, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 1, 2023 
Mr. GALLEGO (for himself, Ms. DAVIDS of Kansas, and Mr. NEWHOUSE) in-
troduced the following bill; which was referred to the Committee on the 
Judiciary, and in addition to the Committees on Energy and Commerce, 
Natural Resources, and Oversight and Accountability, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 
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 Representa-
tives 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’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—BRIDGING AGENCY DATA GAPS 
Sec. 101. National Missing and Unidentified Persons System Tribal facilitator. 
Sec. 102. Report on Indian country law enforcement personnel resources and 
need. 
TITLE II—ENSURING SAFETY FOR NATIVE COMMUNITIES 
Sec. 201. Demonstration program on Bureau of Indian Affairs law enforcement 
employment background checks. 
Sec. 202. Missing and murdered response coordination grant program. 
Sec. 203. GAO study on Federal law enforcement agency evidence collection, 
handling, and processing. 
Sec. 204. Bureau of Indian Affairs and Tribal law enforcement officer coun-
seling resources interdepartmental coordination. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) DEATH INVESTIGATION.—The term ‘‘death 
investigation’’ has the meaning determined by the 
Attorney General. 
(2) DEATH
INVESTIGATION
OF
INTEREST
TO 
INDIAN TRIBES.—The term ‘‘death investigation of 
interest to Indian Tribes’’ means a case involving— 
(A) a death investigation into the death of 
an Indian; or 
(B) a death investigation of a person found 
on, in, or adjacent to Indian land or a Village. 
(3) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Office of Justice Services. 
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(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 lo-
cation is believed to be on, in, or adjacent to In-
dian land or a Village. 
(11) NATIONAL
CRIME
INFORMATION
DATA-
BASES.—The term ‘‘national crime information 
databases’’ has the meaning given the term in sec-
tion 534(f)(3) of title 28, United States Code. 
(12) RELEVANT TRIBAL ORGANIZATION.—The 
term ‘‘relevant Tribal organization’’ means, as appli-
cable— 
(A) a tribal organization or an urban In-
dian organization; and 
(B) a national or regional organization 
that— 
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(i) represents a substantial Indian 
constituency; and 
(ii) has expertise in the fields of— 
(I) human trafficking of Indians; 
(II) human trafficking on Indian 
land or in a Village; 
(III) 
violence 
against 
Indian 
women and children; or 
(IV) tribal justice systems. 
(13) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(14) SEXUAL ASSAULT CASE OF INTEREST TO 
INDIAN TRIBES.—The term ‘‘sexual assault case of 
interest to Indian Tribes’’ means a case involving an 
allegation of a felony under chapter 109A or 110 of 
title 18, United States Code, committed against an 
Indian by another Indian or a non-Indian. 
(15) TRIBAL
JUSTICE
OFFICIAL.—The term 
‘‘tribal justice official’’ has the meaning given the 
term in section 2 of the Indian Law Enforcement 
Reform Act (25 U.S.C. 2801). 
(16) TRIBAL ORGANIZATION.—The term ‘‘tribal 
organization’’ has the meaning given the term in 
section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304). 
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(17) UNCLAIMED REMAINS CASE OF INTEREST 
TO INDIAN TRIBES.—The term ‘‘unclaimed remains 
case of interest to Indian Tribes’’ means a case in-
volving— 
(A) unclaimed Indian remains; or 
(B) unclaimed remains found on, in, or ad-
jacent to Indian land or a Village. 
(18) UNIDENTIFIED REMAINS CASE OF INTER-
EST TO INDIAN TRIBES.—The term ‘‘unidentified re-
mains case of interest to Indian Tribes’’ means a 
case involving— 
(A) unidentified Indian remains; or 
(B) unidentified remains found on, in, or 
adjacent to Indian land or a Village. 
(19) URBAN INDIAN ORGANIZATION.—The term 
‘‘urban Indian organization’’ has the meaning given 
the term in section 4 of the Indian Health Care Im-
provement Act (25 U.S.C. 1603). 
(20) VILLAGE.—The term ‘‘Village’’ means the 
Alaska Native Village Statistical Area covering all or 
any portion of a Native village (as defined in section 
3 of the Alaska Native Claims Settlement Act (43 
U.S.C. 1602)), as depicted on the applicable Tribal 
Statistical Area Program Verification Map of the 
Bureau of the Census. 
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TITLE I—BRIDGING AGENCY 
DATA GAPS 
SEC. 101. NATIONAL MISSING AND UNIDENTIFIED PERSONS 
SYSTEM TRIBAL FACILITATOR. 
(a) APPOINTMENT.—The Attorney General, acting 
through the Director of the National Institute of Justice, 
shall appoint 1 or more Tribal facilitators for the National 
Missing and Unidentified Persons System. 
(b) DUTIES.—The duties of a Tribal facilitator ap-
pointed under subsection (a) shall include— 
(1) coordinating the reporting of information 
relating to missing persons cases of interest to In-
dian Tribes, unclaimed remains cases of interest to 
Indian Tribes, and unidentified remains cases of in-
terest to Indian Tribes; 
(2) consulting and coordinating with Indian 
Tribes and relevant Tribal organizations to address 
the reporting, documentation, and tracking of miss-
ing persons cases of interest to Indian Tribes, un-
claimed remains cases of Interest to Indian Tribes, 
and unidentified remains cases of interest to Indian 
Tribes; 
(3) developing working relationships, and main-
taining communication, with Indian Tribes and rel-
evant Tribal organizations; 
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(4) providing technical assistance and training 
to Indian Tribes and relevant Tribal organizations, 
victim service advocates, medical examiners, coro-
ners, and tribal justice officials regarding— 
(A) the gathering and reporting of infor-
mation to the National Missing and Unidenti-
fied Persons System; and 
(B) working with non-Tribal law enforce-
ment agencies to ensure missing persons cases 
of interest to Indian Tribes, unclaimed remains 
cases of interest to Indian Tribes, and unidenti-
fied remains cases of interest to Indian Tribes 
are reported to the National Missing and Un-
identified Persons System; 
(5) coordinating with the Office of Tribal Jus-
tice, the Office of Justice Services, the Executive Of-
fice for United States Attorneys, and the National 
Indian Country Training Initiative, as necessary; 
and 
(6) conducting other training, information gath-
ering, 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. 
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(c) REPORTING AND TRANSPARENCY.— 
(1) ANNUAL REPORTS TO CONGRESS.—During 
the 3-year-period beginning on the date of enact-
ment of this Act, the Attorney General, acting 
through the Director of the National Institute of 
Justice, shall submit to the Committees on Indian 
Affairs, the Judiciary, and Appropriations of the 
Senate and the Committees on Natural Resources, 
the Judiciary, and Appropriations of the House of 
Representatives an annual report— 
(A) describing the activities and accom-
plishments 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, un-
claimed 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 
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(ii) the percentage of missing persons 
cases of interest to Indian Tribes, un-
claimed 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 re-
port that the Tribal facilitator can identify 
in the National Missing and Unidentified 
Persons System. 
(2) PUBLIC TRANSPARENCY.—Annually, the At-
torney General, acting through the Director of the 
National Institute of Justice, shall publish on a 
website publicly accessible information— 
(A) describing the activities and accom-
plishments of the 1 or more Tribal facilitators 
appointed under subsection (a) during the 1- 
year period preceding the date of the publica-
tion; and 
(B) summarizing— 
(i) the number of missing persons 
cases of interest to Indian Tribes, un-
claimed 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 
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Missing and Unidentified Persons System; 
and 
(ii) the percentage of missing persons 
cases of interest to Indian Tribes, un-
claimed 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 re-
port that the Tribal facilitator can identify 
in the National Missing and Unidentified 
Persons System. 
SEC. 102. REPORT ON INDIAN COUNTRY LAW ENFORCE-
MENT PERSONNEL RESOURCES AND NEED. 
(a) DEPARTMENT OF THE INTERIOR OFFICE OF JUS-
TICE SERVICES.—Section 3(c)(16) of the Indian Law En-
forcement Reform Act (25 U.S.C. 2802(c)(16)) is amend-
ed by striking subparagraph (C) and inserting the fol-
lowing: 
‘‘(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 de-
fense staff, and prosecution staff, at tribal 
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and Bureau of Indian Affairs justice agen-
cies; 
‘‘(ii) replacement and repair needs of 
tribal and Bureau of Indian Affairs correc-
tions facilities; 
‘‘(iii) infrastructure and capital needs 
for tribal police and court facilities, includ-
ing 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, Fire-
arms and Explosives; and 
(E) the Offices of the United States Attor-
neys. 
(2) ANNUAL
REPORT.—Each fiscal year, the 
Attorney General shall submit to the Committees on 
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Indian Affairs, the Judiciary, and Appropriations of 
the Senate and the Committees on Natural Re-
sources, the Judiciary, and Appropriations of the 
House of Representatives a report describing for 
that fiscal year— 
(A) the number of full-time employees of 
each Department of Justice law enforcement 
agency that are assigned to work on criminal 
investigations and prosecutions in Indian coun-
try; and 
(B) the percentage of time the full-employ-
ees spend specifically working in Indian coun-
try. 
(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 para-
graph (2), the Comptroller General of the 
United States shall conduct a study that 
examines any identified unmet staffing 
needs for Department of Justice law en-
forcement agencies tasked with work on 
criminal investigations and prosecutions in 
Indian country. 
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(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 enact-
ment of this Act, relating to Indian coun-
try investigations and prosecutions pre-
pared by the Attorney General pursuant to 
section 10(b) of the Indian Law Enforce-
ment Reform Act (25 U.S.C. 2809(b)). 
(B) REPORT.—On completion of the study 
under subparagraph (A), the Comptroller Gen-
eral of the United States shall submit to the 
Committees on Indian Affairs, the Judiciary, 
and Appropriations of the Senate and the Com-
mittees on Natural Resources, the Judiciary, 
and Appropriations of the House of Representa-
tives 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 agen-
cies tasked with work on criminal investigations 
and prosecutions in Indian country. 
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TITLE II—ENSURING SAFETY 
FOR NATIVE COMMUNITIES 
SEC. 201. DEMONSTRATION PROGRAM ON BUREAU OF IN-
DIAN AFFAIRS LAW ENFORCEMENT EMPLOY-
MENT BACKGROUND CHECKS. 
(a) ESTABLISHMENT OF PROGRAM.— 
(1) IN GENERAL.—The Secretary shall establish 
a demonstration program for the purpose of con-
ducting or adjudicating, in coordination with the Di-
rector of the Bureau of Indian Affairs, personnel 
background investigations for applicants for law en-
forcement positions in the Bureau of Indian Affairs. 
(2) BACKGROUND INVESTIGATIONS AND SECU-
RITY CLEARANCE DETERMINATIONS.— 
(A) BIA INVESTIGATIONS.—As part of the 
demonstration program established under para-
graph (1), the Secretary may carry out a back-
ground investigation, security clearance deter-
mination, 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.— 
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(i) IN
GENERAL.—Subject to clause 
(ii), as part of the demonstration program 
established under paragraph (1), the Sec-
retary, in adjudicating background inves-
tigations for applicants for law enforce-
ment positions in the Bureau of Indian Af-
fairs, shall consider previous background 
investigations for an applicant, security 
clearance determinations for an applicant, 
or both background investigations and se-
curity clearance determinations for an ap-
plicant, 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 em-
ployment with the Bureau of Indian Af-
fairs. 
(ii) QUALITY.—The Secretary shall 
only consider previous background inves-
tigations and security clearance determina-
tions for an applicant that have been con-
ducted by a State or local government, In-
dian Tribe, or tribal organization if the 
Secretary can verify that those previous in-
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vestigations and determinations, as the 
case may be, are of a comparable quality 
and thoroughness to investigations and de-
terminations 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 investiga-
tion, 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 or-
ganization, or the Bureau of Indian Af-
fairs, the Secretary— 
(I) may carry out additional in-
vestigation and examination of the ap-
plicant if the Secretary determines 
that such additional information is 
needed in order to make an appro-
priate determination as to the char-
acter and trustworthiness of the appli-
cant before final adjudication can be 
made and a security clearance can be 
issued; and 
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(II) shall not initiate a new back-
ground investigation process with the 
National Background Investigations 
Bureau or other Federal agency un-
less that new background investiga-
tion 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 Agree-
ment with a State or local government, In-
dian Tribe, or tribal organization to de-
velop steps to expedite the process of re-
ceiving and obtaining access to background 
investigation and security clearance deter-
minations for use in the demonstration 
program. 
(3) SUNSET.—The demonstration program es-
tablished under this section shall terminate 5 years 
after the date of the commencement of the program. 
(b) SUFFICIENCY.—Notwithstanding any other provi-
sion of law, a background investigation conducted or adju-
dicated 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 
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enforcement position in the Bureau of Indian Affairs shall 
be sufficient to meet the applicable requirements of the 
Office of Personnel Management or other Federal agency 
for such investigations. 
(c) ANNUAL REPORT.—The Secretary shall submit to 
the Committees on Indian Affairs, the Judiciary, and Ap-
propriations of the Senate and the Committees on Natural 
Resources, the Judiciary, and Appropriations of the House 
of Representatives an annual report on the demonstration 
program established under subsection (a), which shall in-
clude a description of— 
(1) the demonstration program and any rel-
evant 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, associ-
ated 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. 
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(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 Comp-
troller 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 sub-
mit to Congress a final report on such demonstra-
tion 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 COORDINA-
TION GRANT PROGRAM. 
(a) ESTABLISHMENT OF PROGRAM.—The Attorney 
General shall establish within the Office of Justice Pro-
grams a grant program under which the Attorney General 
shall make grants to eligible entities described in sub-
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section (b) to carry out eligible activities described in sub-
section (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— 
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(A)(i) reports missing persons cases in the 
State to the national crime information data-
bases; or 
(ii) if not, has a plan to do so using a 
grant received under the grant program estab-
lished under subsection (a); and 
(B) if data sharing between the State and 
the Indian Tribes and relevant Tribal organiza-
tions with which the State is in consortium is 
part of the intended use of the grant received 
under the grant program established under sub-
section (a), has entered into a memorandum of 
understanding with each applicable Indian 
Tribe and relevant Tribal organization. 
(c) ELIGIBLE ACTIVITIES.—An eligible entity receiv-
ing a grant under the grant program established under 
subsection (a) may use the grant— 
(1) to establish a statewide or regional center— 
(A) to document and track— 
(i) missing persons cases of interest to 
Indian Tribes; 
(ii) sexual assault cases of interest to 
Indian Tribes; and 
(iii) death investigations of interest to 
Indian Tribes; and 
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(B) to input information regarding missing 
persons cases of interest to Indian Tribes, un-
claimed remains cases of interest to Indian 
Tribes, and unidentified remains cases of inter-
est 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 investiga-
tion of, missing persons cases of interest to Indian 
Tribes, sexual assault cases of interest to Indian 
Tribes, and death investigations of interest to Indian 
Tribes; and 
(3) to document, develop, and disseminate re-
sources for the coordination and improvement of the 
investigation of missing persons cases of interest to 
Indian Tribes, sexual assault cases of interest to In-
dian Tribes, and death investigations of interest to 
Indian Tribes, including to develop local or statewide 
rapid notification or communication systems for 
alerts and other information relating to those cases. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out the program 
$1,000,000 for each of fiscal years 2024 through 2028. 
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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 Inves-
tigation in exercising jurisdiction over crimes involv-
ing Indians or committed in Indian country; 
(2) on any barriers to evidence collection, han-
dling, 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 evi-
dence collection, handling, and processing faced by— 
(A) Tribal law enforcement agencies; and 
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(B) State and local law enforcement agen-
cies that exercise jurisdiction over Indian coun-
try. 
(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 sub-
section (a). 
SEC. 204. BUREAU OF INDIAN AFFAIRS AND TRIBAL LAW 
ENFORCEMENT OFFICER COUNSELING RE-
SOURCES INTERDEPARTMENTAL COORDINA-
TION. 
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 experi-
encing occupational stress; and 
(2) to determine whether law enforcement agen-
cies operated by the Bureau of Indian Affairs and 
Indian Tribes are eligible to receive services under— 
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(A) the Law Enforcement Assistance Pro-
gram 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 en-
forcement officers working for law enforcement 
agencies operated by the Federal Government 
or an Indian Tribe. 
Æ 
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