BADGES for Native Communities Act

II 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Bridging Agency Data Gaps and Ensuring Safety for 5 VerDate Sep 11 2014 20:53 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\S1853.RS S1853 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 1853 RS Native Communities Act’’ or the ‘‘BADGES for Native 1 Communities Act’’. 2 (b) TABLE OF CONTENTS.—The table of contents for 3 this Act is as follows: 4 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 liaison. 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 coun- seling resources interdepartmental coordination. SEC. 2. DEFINITIONS. 5 In this Act: 6 (1) DIRECTOR.—The term ‘‘Director’’ means 7 the Director of the Office of Justice Services. 8 (2) FEDERAL LAW ENFORCEMENT AGENCY.— 9 The term ‘‘Federal law enforcement agency’’ means 10 the Bureau of Indian Affairs direct-service police, 11 the Federal Bureau of Investigation, and any other 12 Federal law enforcement agency that— 13 (A) has jurisdiction over crimes in Indian 14 country; or 15 VerDate Sep 11 2014 20:53 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S1853.RS S1853 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 1853 RS (B) investigates missing persons cases of 1 interest to Indian tribes, murder cases of inter- 2 est to Indian tribes, or unidentified remains 3 cases of interest to Indian tribes. 4 (3) INDIAN.—The term ‘‘Indian’’ has the mean- 5 ing given the term in section 4 of the Indian Self- 6 Determination and Education Assistance Act (25 7 U.S.C. 5304). 8 (4) INDIAN COUNTRY.—The term ‘‘Indian coun- 9 try’’ has the meaning given the term in section 1151 10 of title 18, United States Code. 11 (5) INDIAN LAND.—The term ‘‘Indian land’’ 12 has the meaning given the term ‘‘Indian lands’’ in 13 section 3 of the Native American Business Develop- 14 ment, Trade Promotion, and Tourism Act of 2000 15 (25 U.S.C. 4302). 16 (6) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 17 has the meaning given the term in section 4 of the 18 Indian Self-Determination and Education Assistance 19 Act (25 U.S.C. 5304). 20 (7) MANSLAUGHTER.—The term ‘‘man- 21 slaughter’’ has the meaning given the term in sec- 22 tion 1112 of title 18, United States Code. 23 VerDate Sep 11 2014 20:53 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1853.RS S1853 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 1853 RS (8) MISSING.—The term ‘‘missing’’ has the 1 meaning determined by the applicable Federal law 2 enforcement agency. 3 (9) MISSING PERSONS CASE OF INTEREST TO 4 INDIAN TRIBES.—The term ‘‘missing persons case of 5 interest to Indian tribes’’ means a case involving— 6 (A) a missing Indian; or 7 (B) a missing person whose last known lo- 8 cation is believed to be on, in, or near Indian 9 land. 10 (10) MURDER.—The term ‘‘murder’’ has the 11 meaning given the term in section 1111 of title 18, 12 United States Code. 13 (11) MURDER CASE OF INTEREST TO INDIAN 14 TRIBES.—The term ‘‘murder case of interest to In- 15 dian tribes’’ means a case involving— 16 (A) a murdered Indian; or 17 (B) a person murdered on, in, or near In- 18 dian land. 19 (12) MURDERED.—The term ‘‘murdered’’, with 20 respect to a person, means the person was the victim 21 of— 22 (A) murder; or 23 (B) manslaughter. 24 VerDate Sep 11 2014 20:53 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1853.RS S1853 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 1853 RS (13) NATIONAL CRIME INFORMATION DATA- 1 BASES.—The term ‘‘national crime information 2 databases’’ has the meaning given the term in sec- 3 tion 534(f)(3) of title 28, United States Code. 4 (14) RELEVANT TRIBAL STAKEHOLDER.—The 5 term ‘‘relevant Tribal stakeholder’’ means, as appli- 6 cable— 7 (A) an Indian tribe; 8 (B) a tribal organization; and 9 (C) a national or regional organization 10 that— 11 (i) represents a substantial Indian 12 constituency; and 13 (ii) has expertise in the fields of— 14 (I) human trafficking; 15 (II) violence against women and 16 children; or 17 (III) Tribal justice systems. 18 (15) SECRETARY.—The term ‘‘Secretary’’ 19 means the Secretary of the Interior. 20 (16) TRIBAL JUSTICE OFFICIAL.—The term 21 ‘‘tribal justice official’’ has the meaning given the 22 term in section 2 of the Indian Law Enforcement 23 Reform Act (25 U.S.C. 2801). 24 VerDate Sep 11 2014 20:53 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S1853.RS S1853 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 1853 RS (17) TRIBAL ORGANIZATION.—The term ‘‘tribal 1 organization’’ has the meaning given the term in 2 section 4 of the Indian Self-Determination and Edu- 3 cation Assistance Act (25 U.S.C. 5304). 4 (18) UNIDENTIFIED REMAINS CASE OF INTER- 5 EST TO INDIAN TRIBES.—The term ‘‘unidentified re- 6 mains case of interest to Indian tribes’’ means a 7 case involving— 8 (A) unidentified Indian remains; or 9 (B) unidentified remains found on, in, or 10 near Indian land. 11 TITLE I—BRIDGING AGENCY 12 DATA GAPS 13 SEC. 101. FEDERAL LAW ENFORCEMENT DATABASE RE- 14 PORTING REQUIREMENTS. 15 (a) IN GENERAL.—Section 151(a) of the Sex Of- 16 fender Registration and Notification Act (34 U.S.C. 17 20961(a)) is amended— 18 (1) in paragraph (1), by striking ‘‘and’’ after 19 the semicolon; 20 (2) by redesignating paragraph (2) as para- 21 graph (3); and 22 (3) by inserting after paragraph (1) the fol- 23 lowing: 24 VerDate Sep 11 2014 20:53 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S1853.RS S1853 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 1853 RS ‘‘(2) the National Missing and Unidentified 1 Persons System, to be used by a person accessing 2 the System only within the scope of the work of the 3 person in assisting or supporting law enforcement 4 efforts to solve missing, unidentified, and unclaimed 5 person cases across the United States; and’’. 6 (b) SHARING OF INFORMATION.—Not later than 2 7 years after the date of enactment of this Act, the Attorney 8 General shall, in a manner that maintains the integrity 9 of confidential, private, and law enforcement sensitive in- 10 formation, provide for information on missing persons and 11 unidentified remains contained in national crime informa- 12 tion databases to be transmitted to, entered in, and other- 13 wise shared with the National Missing and Unidentified 14 Persons System. 15 (c) TEMPORARY REPORTING REQUIREMENTS.—Until 16 such time as the data sharing procedures required under 17 subsection (b) are in effect, each Federal law enforcement 18 agency shall enter into the National Missing and Unidenti- 19 fied Persons System each missing persons case of interest 20 to Indian tribes and each unidentified remains case of in- 21 terest to Indian tribes reported to or investigated by the 22 Federal law enforcement agency. 23 (d) COORDINATION WITH NAMUS TRIBAL LIAI- 24 SON.—The Director and the Director of the Federal Bu- 25 VerDate Sep 11 2014 20:53 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S1853.RS S1853 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 1853 RS reau of Investigation shall each appoint a liaison to coordi- 1 nate with the 1 or more Tribal liaisons appointed under 2 section (4)(a) to ensure that— 3 (1) all missing persons cases of interest to In- 4 dian tribes and all unidentified remains cases of in- 5 terest to Indian tribes are fully captured in the Na- 6 tional Missing and Unidentified Persons System; 7 and 8 (2) Indian tribes are aware of, and able to ac- 9 cess, information in the National Missing and Un- 10 identified Persons System. 11 SEC. 102. NATIONAL MISSING AND UNIDENTIFIED PERSONS 12 SYSTEM TRIBAL LIAISON. 13 (a) APPOINTMENT.—The Attorney General, acting 14 through the Director of the National Institute of Justice, 15 shall appoint 1 or more Tribal liaisons for the National 16 Missing and Unidentified Persons System. 17 (b) DUTIES.—The duties of a Tribal liaison ap- 18 pointed under subsection (a) shall include— 19 (1) coordinating the reporting of information 20 relating to missing persons cases of interest to In- 21 dian tribes and unidentified remains cases of inter- 22 est to Indian tribes; 23 (2) consulting and coordinating with relevant 24 Tribal stakeholders to address the reporting, docu- 25 VerDate Sep 11 2014 20:53 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S1853.RS S1853 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 1853 RS mentation, and tracking of missing persons cases of 1 interest to Indian tribes and unidentified remains 2 cases of interest to Indian tribes; 3 (3) developing working relationships, and main- 4 taining communication, with relevant Tribal stake- 5 holders; 6 (4) providing technical assistance and training 7 to relevant Tribal stakeholders, victim service advo- 8 cates, medical examiners, and tribal justice officials 9 regarding— 10 (A) the gathering and reporting of infor- 11 mation to the National Missing and Unidenti- 12 fied Persons System; and 13 (B) working with non-Tribal law enforce- 14 ment agencies to ensure all missing persons 15 cases of interest to Indian tribes and unidenti- 16 fied remains cases of interest to Indian tribes 17 are reported to the National Missing and Un- 18 identified Persons System; 19 (5) coordinating with the Office of Tribal Jus- 20 tice and the Office of Justice Services, as necessary; 21 and 22 (6) conducting other training, information gath- 23 ering, and outreach activities to improve resolution 24 of missing persons cases of interest to Indian tribes 25 VerDate Sep 11 2014 20:53 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S1853.RS S1853 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 1853 RS and unidentified remains cases of interest to Indian 1 tribes. 2 (c) REPORTING AND TRANSPARENCY.— 3 (1) ANNUAL REPORTS TO CONGRESS.—During 4 the 3-year-period beginning on the date of enact- 5 ment of this Act, the Attorney General, acting 6 through the Director of the National Institute of 7 Justice, shall submit to the Committees on Indian 8 Affairs and the Judiciary of the Senate and the 9 Committees on Natural Resources and the Judiciary 10 of the House of Representatives an annual report— 11 (A) describing the activities and accom- 12 plishments of the 1 or more Tribal liaisons ap- 13 pointed under subsection (a) during the 1-year 14 period preceding the date of the report; and 15 (B) summarizing— 16 (i) the number of missing persons 17 cases of interest to Indian tribes and un- 18 identified remains cases of interest to In- 19 dian tribes listed in the National Missing 20 and Unidentified Persons System; 21 (ii) the percentage of missing persons 22 cases of interest to Indian tribes and un- 23 identified remains cases of interest to In- 24 VerDate Sep 11 2014 20:53 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S1853.RS S1853 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 1853 RS dian tribes closed during the 1-year period 1 preceding the date of the report; and 2 (iii) the reasons for those closures. 3 (2) PUBLIC TRANSPARENCY.—Annually, the At- 4 torney General, acting through the Director of the 5 National Institute of Justice, shall publish on a 6 website publicly accessible information— 7 (A) describing the activities and accom- 8 plishments of the 1 or more Tribal liaisons ap- 9 pointed under subsection (a) during the 1-year 10 period preceding the date of the publication; 11 and 12 (B) summarizing— 13 (i) the number of missing persons 14 cases of interest to Indian tribes and un- 15 identified remains cases of interest to In- 16 dian tribes listed in the National Missing 17 and Unidentified Persons System; 18 (ii) the percentage of missing persons 19 cases of interest to Indian tribes and un- 20 identified remains cases of interest to In- 21 dian tribes closed during the 1-year period 22 preceding the date of the report; and 23 (iii) the reasons for those closures. 24 VerDate Sep 11 2014 20:53 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S1853.RS S1853 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 1853 RS SEC. 103. LAW ENFORCEMENT DATA SHARING WITH INDIAN 1 TRIBES. 2 (a) ACCESS TO NATIONAL CRIME INFORMATION 3 DATABASES BY TRIBES.—Section 233(b) of the Tribal 4 Law and Order Act of 2010 (34 U.S.C. 41107) is amend- 5 ed— 6 (1) by striking paragraph (1) and inserting the 7 following: 8 ‘‘(1) IN GENERAL.—The Attorney General shall 9 ensure that— 10 ‘‘(A) tribal law enforcement officials that 11 meet applicable Federal or State requirements 12 shall be permitted access to national crime in- 13 formation databases; 14 ‘‘(B) technical assistance and training is 15 provided to Bureau of Indian Affairs and tribal 16 law enforcement agencies to gain access to, and 17 the ability to use and input information into, 18 the National Crime Information Center and 19 other national crime information databases pur- 20 suant to section 534 of title 28, United States 21 Code; and 22 ‘‘(C) the Federal Bureau of Investigation 23 coordinates with the Office of Justice Services 24 to ensure tribal law enforcement agencies are 25 assigned appropriate credentials or ORI num- 26 VerDate Sep 11 2014 20:53 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfm [Text truncated for display. Full text available on Congress.gov.]