BADGES for Native Communities Act

I 116TH CONGRESS 1ST SESSION H. R. 4289 To require Federal law enforcement agencies to report on cases of missing or murdered Indians, and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 11, 2019 Ms. HAALAND (for herself, Ms. DAVIDS of Kansas, Mr. COLE, Mr. MULLIN, Mr. YOUNG, Mr. O’HALLERAN, Mr. COOK, Mr. GALLEGO, Mr. NEWHOUSE, Mrs. TORRES of California, and Ms. MOORE) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Natural Resources, Energy and Com- merce, and Oversight and Reform, for a period to be subsequently deter- mined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 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 Native Communities Act’’ or the ‘‘BADGES for Native 6 Communities Act’’. 7 VerDate Sep 11 2014 03:05 Sep 12, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4289.IH H4289 kjohnson on DSK79L0C42 with BILLS 2 •HR 4289 IH (b) TABLE OF CONTENTS.—The table of contents for 1 this Act is as follows: 2 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. 3 In this Act: 4 (1) DIRECTOR.—The term ‘‘Director’’ means 5 the Director of the Office of Justice Services. 6 (2) FEDERAL LAW ENFORCEMENT AGENCY.— 7 The term ‘‘Federal law enforcement agency’’ means 8 the Bureau of Indian Affairs direct-service police, 9 the Federal Bureau of Investigation, and any other 10 Federal law enforcement agency that— 11 (A) has jurisdiction over crimes in Indian 12 country; or 13 (B) investigates missing persons cases of 14 interest to Indian tribes, murder cases of inter- 15 VerDate Sep 11 2014 03:05 Sep 12, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4289.IH H4289 kjohnson on DSK79L0C42 with BILLS 3 •HR 4289 IH est to Indian tribes, or unidentified remains 1 cases of interest to Indian tribes. 2 (3) INDIAN.—The term ‘‘Indian’’ has the mean- 3 ing given the term in section 4 of the Indian Self- 4 Determination and Education Assistance Act (25 5 U.S.C. 5304). 6 (4) INDIAN COUNTRY.—The term ‘‘Indian coun- 7 try’’ has the meaning given the term in section 1151 8 of title 18, United States Code. 9 (5) INDIAN LAND.—The term ‘‘Indian land’’ 10 has the meaning given the term ‘‘Indian lands’’ in 11 section 3 of the Native American Business Develop- 12 ment, Trade Promotion, and Tourism Act of 2000 13 (25 U.S.C. 4302). 14 (6) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 15 has the meaning given the term in section 4 of the 16 Indian Self-Determination and Education Assistance 17 Act (25 U.S.C. 5304). 18 (7) MANSLAUGHTER.—The term ‘‘man- 19 slaughter’’ has the meaning given the term in sec- 20 tion 1112 of title 18, United States Code. 21 (8) MISSING.—The term ‘‘missing’’ has the 22 meaning determined by the applicable Federal law 23 enforcement agency. 24 VerDate Sep 11 2014 03:05 Sep 12, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4289.IH H4289 kjohnson on DSK79L0C42 with BILLS 4 •HR 4289 IH (9) MISSING PERSONS CASE OF INTEREST TO 1 INDIAN TRIBES.—The term ‘‘missing persons case of 2 interest to Indian tribes’’ means a case involving— 3 (A) a missing Indian; or 4 (B) a missing person whose last known lo- 5 cation is believed to be on, in, or near Indian 6 land. 7 (10) MURDER.—The term ‘‘murder’’ has the 8 meaning given the term in section 1111 of title 18, 9 United States Code. 10 (11) MURDER CASE OF INTEREST TO INDIAN 11 TRIBES.—The term ‘‘murder case of interest to In- 12 dian tribes’’ means a case involving— 13 (A) a murdered Indian; or 14 (B) a person murdered on, in, or near In- 15 dian land. 16 (12) MURDERED.—The term ‘‘murdered’’, with 17 respect to a person, means the person was the victim 18 of— 19 (A) murder; or 20 (B) manslaughter. 21 (13) NATIONAL CRIME INFORMATION DATA- 22 BASES.—The term ‘‘national crime information 23 databases’’ has the meaning given the term in sec- 24 tion 534(f)(3) of title 28, United States Code. 25 VerDate Sep 11 2014 03:05 Sep 12, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4289.IH H4289 kjohnson on DSK79L0C42 with BILLS 5 •HR 4289 IH (14) RELEVANT TRIBAL ORGANIZATION.—The 1 term ‘‘relevant tribal organization’’ means, as appli- 2 cable— 3 (A) a tribal organization; and 4 (B) a national or regional organization 5 that— 6 (i) represents a substantial Indian 7 constituency; and 8 (ii) has expertise in the fields of— 9 (I) human trafficking of Indians; 10 (II) human trafficking on Indian 11 lands; 12 (III) violence against Indian 13 women and children; or 14 (IV) Tribal justice systems. 15 (15) SECRETARY.—The term ‘‘Secretary’’ 16 means the Secretary of the Interior. 17 (16) TRIBAL JUSTICE OFFICIAL.—The term 18 ‘‘tribal justice official’’ has the meaning given the 19 term in section 2 of the Indian Law Enforcement 20 Reform Act (25 U.S.C. 2801). 21 (17) TRIBAL ORGANIZATION.—The term ‘‘tribal 22 organization’’ has the meaning given the term in 23 section 4 of the Indian Self-Determination and Edu- 24 cation Assistance Act (25 U.S.C. 5304). 25 VerDate Sep 11 2014 03:05 Sep 12, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4289.IH H4289 kjohnson on DSK79L0C42 with BILLS 6 •HR 4289 IH (18) UNIDENTIFIED REMAINS CASE OF INTER- 1 EST TO INDIAN TRIBES.—The term ‘‘unidentified re- 2 mains case of interest to Indian tribes’’ means a 3 case involving— 4 (A) unidentified Indian remains; or 5 (B) unidentified remains found on, in, or 6 near Indian land. 7 TITLE I—BRIDGING AGENCY 8 DATA GAPS 9 SEC. 101. FEDERAL LAW ENFORCEMENT DATABASE RE- 10 PORTING REQUIREMENTS. 11 (a) IN GENERAL.—Section 151(a) of the Sex Of- 12 fender Registration and Notification Act (34 U.S.C. 13 20961(a)) is amended— 14 (1) in paragraph (1), by striking ‘‘and’’ after 15 the semicolon; 16 (2) by redesignating paragraph (2) as para- 17 graph (3); and 18 (3) by inserting after paragraph (1) the fol- 19 lowing: 20 ‘‘(2) the National Missing and Unidentified 21 Persons System, to be used by a person accessing 22 the System only within the scope of the work of the 23 person in assisting or supporting law enforcement 24 VerDate Sep 11 2014 03:05 Sep 12, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4289.IH H4289 kjohnson on DSK79L0C42 with BILLS 7 •HR 4289 IH efforts to solve missing, unidentified, and unclaimed 1 person cases across the United States; and’’. 2 (b) SHARING OF INFORMATION.—Not later than 2 3 years after the date of enactment of this Act, the Attorney 4 General shall, in a manner that maintains the integrity 5 of confidential, private, and law enforcement sensitive in- 6 formation, provide for information on missing persons and 7 unidentified remains contained in national crime informa- 8 tion databases to be transmitted to, entered in, and other- 9 wise shared with the National Missing and Unidentified 10 Persons System. 11 (c) TEMPORARY REPORTING REQUIREMENTS.—Until 12 such time as the data sharing procedures required under 13 subsection (b) are in effect, each Federal law enforcement 14 agency shall enter into the National Missing and Unidenti- 15 fied Persons System each missing persons case of interest 16 to Indian tribes and each unidentified remains case of in- 17 terest to Indian tribes reported to or investigated by the 18 Federal law enforcement agency. 19 (d) COORDINATION WITH NAMUS TRIBAL LIAI- 20 SON.—The Director and the Director of the Federal Bu- 21 reau of Investigation shall each appoint a liaison to coordi- 22 nate with the one or more Tribal liaisons appointed under 23 section (4)(a) to ensure that— 24 VerDate Sep 11 2014 03:05 Sep 12, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4289.IH H4289 kjohnson on DSK79L0C42 with BILLS 8 •HR 4289 IH (1) all missing persons cases of interest to In- 1 dian tribes and all unidentified remains cases of in- 2 terest to Indian tribes are fully captured in the Na- 3 tional Missing and Unidentified Persons System; 4 and 5 (2) Indian tribes are aware of, and able to ac- 6 cess, information in the National Missing and Un- 7 identified Persons System. 8 SEC. 102. NATIONAL MISSING AND UNIDENTIFIED PERSONS 9 SYSTEM TRIBAL LIAISON. 10 (a) APPOINTMENT.—The Attorney General, acting 11 through the Director of the National Institute of Justice, 12 shall appoint one or more Tribal liaisons for the National 13 Missing and Unidentified Persons System. 14 (b) DUTIES.—The duties of a Tribal liaison ap- 15 pointed under subsection (a) shall include— 16 (1) coordinating the reporting of information 17 relating to missing persons cases of interest to In- 18 dian tribes and unidentified remains cases of inter- 19 est to Indian tribes; 20 (2) consulting and coordinating with Indian 21 tribes and relevant tribal organizations to address 22 the reporting, documentation, and tracking of miss- 23 ing persons cases of interest to Indian tribes and un- 24 identified remains cases of interest to Indian tribes; 25 VerDate Sep 11 2014 03:05 Sep 12, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4289.IH H4289 kjohnson on DSK79L0C42 with BILLS 9 •HR 4289 IH (3) developing working relationships, and main- 1 taining communication, with Indian tribes and rel- 2 evant tribal organizations; 3 (4) providing technical assistance and training 4 to Indian tribes and relevant tribal organizations, 5 victim service advocates, medical examiners, and 6 tribal justice officials regarding— 7 (A) the gathering and reporting of infor- 8 mation to the National Missing and Unidenti- 9 fied Persons System; and 10 (B) working with non-Tribal law enforce- 11 ment agencies to ensure all missing persons 12 cases of interest to Indian tribes and unidenti- 13 fied remains cases of interest to Indian tribes 14 are reported to the National Missing and Un- 15 identified Persons System; 16 (5) coordinating with the Office of Tribal Jus- 17 tice and the Office of Justice Services, as necessary; 18 and 19 (6) conducting other training, information gath- 20 ering, and outreach activities to improve resolution 21 of missing persons cases of interest to Indian tribes 22 and unidentified remains cases of interest to Indian 23 tribes. 24 (c) REPORTING AND TRANSPARENCY.— 25 VerDate Sep 11 2014 03:05 Sep 12, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4289.IH H4289 kjohnson on DSK79L0C42 with BILLS 10 •HR 4289 IH (1) ANNUAL REPORTS TO CONGRESS.—During 1 the 3-year period beginning on the date of enact- 2 ment of this Act, the Attorney General, acting 3 through the Director of the National Institute of 4 Justice, shall submit to the Committees on Indian 5 Affairs and the Judiciary of the Senate and the 6 Committees on Natural Resources and the Judiciary 7 of the House of Representatives an annual report— 8 (A) describing the activities and accom- 9 plishments of the one or more Tribal liaisons 10 appointed under subsection (a) during the 1- 11 year period preceding the date of the report; 12 and 13 (B) summarizing— 14 (i) the number of missing persons 15 cases of interest to Indian tribes and un- 16 identified remains cases of interest to In- 17 dian tribes listed in the National Missing 18 and Unidentified Persons System; 19 (ii) the percentage of missing persons 20 cases of interest to Indian tribes and un- 21 identified remains cases of interest to In- 22 dian tribes closed during the 1-year period 23 preceding the date of the report; and 24 (iii) the reasons for those closures. 25 VerDate Sep 11 2014 03:05 Sep 12, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4289.IH H4289 kjohnson on DSK79L0C42 with BILLS 11 •HR 4289 IH (2) PUBLIC TRANSPARENCY.—Annually, the At- 1 torney General, acting through the Director of the 2 National Institute of Justice, shall publish on a 3 website publicly accessible information— 4 (A) describing the activities and accom- 5 plishments of the one or more Tribal liaisons 6 appointed under subsection (a) during the 1- 7 year period preceding the date of the publica- 8 tion; and 9 (B) summarizing— 10 (i) the number of missing persons 11 cases of interest to Indian tribes and un- 12 identified remains cases of interest to In- 13 dian tribes listed in the National Missing 14 and Unidentified Persons System; 15 (ii) the percentage of missing persons 16 cases of interest to Indian tribes and un- 17 identified remains cases of interest to In- 18 dian tribes closed during the 1-year period 19 preceding the date of the report; and 20 (iii) the reasons for those closures. 21 SEC. 103. LAW ENFORCEMENT DATA SHARING WITH INDIAN 22 TRIBES. 23 (a) ACCESS TO NATIONAL CRIME INFORMATION 24 DATABASES BY TRIBES.—Section 233(b) of the Tribal 25 VerDate Sep 11 2014 03:05 Sep 12, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4289.IH H4289 kjohnson on DSK79L0C42 with BILLS 12 •HR 4289 IH Law and Order Act of 2010 (34 U.S.C. 41107) is amend- 1 ed— 2 (1) by striking paragraph (1) and inserting the 3 following: 4 ‘‘(1) IN GENERAL.—The Attorney General shall 5 ensure that— 6 ‘‘(A) tribal law enforcement officials that 7 meet applicable Federal or State requirements 8 shall be permitted access to national crime in- 9 formation databases; 10 ‘‘(B) technical assistance and training is 11 provided to Bureau of Indian Affairs and tribal 12 law enforcement agencies to gain access to, and 13 the ability to use and input information into, 14 the National Crime Information Center and 15 other national crime information databases pur- 16 suant to section 534 of title 28, United States 17 Code; and 18 ‘‘(C) the Federal Bureau [Text truncated for display. Full text available on Congress.gov.]