119-hr1010

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1010 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1010

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

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 February 5, 2025

 Ms. Leger Fernandez (for herself, Mr. Newhouse, and Ms. Davids of 
 Kansas) introduced 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 Government Reform, 
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 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Bridging Agency 
Data Gaps and Ensuring Safety for Native Communities Act'' or the 
``BADGES for Native Communities Act''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.
 TITLE I--BRIDGING AGENCY DATA GAPS

Sec. 101. National Missing and Unidentified Persons System Tribal 
 facilitator.

Sec. 102. Report on Indian country law enforcement personnel resources 
 and need.
 TITLE II--ENSURING SAFETY FOR NATIVE COMMUNITIES

Sec. 201. Demonstration program on Bureau of Indian Affairs law 
 enforcement employment background checks.

Sec. 202. Missing or murdered response coordination grant program.

Sec. 203. GAO study on Federal law enforcement agency evidence 
 collection, handling, and processing.

Sec. 204. Bureau of Indian Affairs and Tribal law enforcement officer 
 counseling resources interdepartmental 
 coordination.

SEC. 2. DEFINITIONS.

 In this Act:

    (1) Death investigation.--The term ``death investigation'' 
 has the meaning determined by the Attorney General.

    (2) Death investigation of interest to indian tribes.--The 
 term ``death investigation of interest to Indian Tribes'' means 
 a case involving--
        (A) a death investigation into the death of an 
 Indian; or
        (B) a death investigation of a person found on, in, 
 or adjacent to Indian land or a Village.

    (3) Director.--The term ``Director'' means the Deputy 
 Bureau Director of the Office of Justice Services of the Bureau 
 of Indian Affairs.

    (4) Federal law enforcement agency.--The term ``Federal law 
 enforcement agency'' means the Office of Justice Services of 
 the Bureau of Indian Affairs, the Federal Bureau of 
 Investigation, and any other Federal law enforcement agency 
 that--
        (A) has jurisdiction over crimes in Indian country; 
 or
        (B) investigates missing persons cases of interest 
 to Indian Tribes, death investigations of interest to 
 Indian Tribes, unclaimed human remains cases of 
 interest to Indian Tribes, or unidentified remains 
 cases of interest to Indian Tribes.

    (5) Indian.--The term ``Indian'' has the meaning given the 
 term in 

section 4 of the Indian Self-Determination and 
 Education Assistance Act (25 U.S.C. 5304).

    (6) Indian country.--The term ``Indian country'' has the 
 meaning given the term in 

section 1151 of title 18, United 
 States Code.

    (7) Indian land.--The term ``Indian land'' has the meaning 
 given the term ``Indian lands'' in 

section 3 of the Native 
 American Business Development, Trade Promotion, and Tourism Act 
 of 2000 (25 U.S.C. 4302).

    (8) Indian tribe.--The term ``Indian Tribe'' has the 
 meaning given the term in 

section 4 of the Indian Self-
 Determination and Education Assistance Act (25 U.S.C. 5304).

    (9) Missing persons case of interest to indian tribes.--The 
 term ``missing persons case of interest to Indian Tribes'' 
 means a case involving--
        (A) a missing Indian; or
        (B) a missing person whose last known location is 
 believed to be on, in, or adjacent to Indian land or a 
 Village.

    (10) National crime information databases.--The term 
 ``national crime information databases'' has the meaning given 
 the term in 

section 534

    (f)

    (3) of title 28, United States Code.

    (11) Relevant tribal organization.--The term ``relevant 
 Tribal organization'' means, as applicable--
        (A) a Tribal organization or an urban Indian 
 organization; and
        (B) a national or regional organization that--
            (i) represents a substantial Indian 
 constituency; and
            (ii) has expertise in the fields of--
            (I) human trafficking of Indians;
            (II) human trafficking on Indian 
 land or in a Village;
            (III) violence against Indians;
            (IV) missing or murdered Indigenous 
 persons; or
            (V) Tribal justice systems.

    (12) Secretary.--The term ``Secretary'' means the Secretary 
 of the Interior.

    (13) Sexual violence case of interest to indian tribes.--
 The term ``sexual violence case of interest to Indian Tribes'' 
 means a case involving an allegation of sexual violence (as 
 defined in 

section 204

    (a) of Public Law 90-284 (25 U.S.C. 
 1304

    (a) )).

    (14) Tribal justice official.--The term ``Tribal justice 
 official'' has the meaning given the term ``tribal justice 
 official'' in 

section 2 of the Indian Law Enforcement Reform 
 Act (25 U.S.C. 2801).

    (15) Tribal organization.--The term ``Tribal organization'' 
 has the meaning given the term in 

section 4 of the Indian Self-
 Determination and Education Assistance Act (25 U.S.C. 5304).

    (16) Unclaimed human remains case of interest to indian 
 tribes.--The term ``unclaimed human remains case of interest to 
 Indian Tribes'' means a case involving--
        (A) unclaimed Indian remains identified by Federal, 
 Tribal, State, or local law enforcement; or
        (B) unclaimed human remains found on, in, or 
 adjacent to Indian land or a Village.

    (17) Unidentified remains case of interest to indian 
 tribes.--The term ``unidentified remains case of interest to 
 Indian Tribes'' means a case involving--
        (A) unidentified Indian remains; or
        (B) unidentified remains found on, in, or adjacent 
 to Indian land or a Village.

    (18) Urban indian organization.--The term ``urban Indian 
 organization'' has the meaning given the term in 

section 4 of 
 the Indian Health Care Improvement Act (25 U.S.C. 1603).

    (19) Village.--The term ``Village'' means the Alaska Native 
 Village Statistical Area covering all or any portion of a 
 Native village (as defined in 

section 3 of the Alaska Native 
 Claims Settlement Act (43 U.S.C. 1602)), as depicted on the 
 applicable Tribal Statistical Area Program Verification Map of 
 the Bureau of the Census.

 TITLE I--BRIDGING AGENCY DATA GAPS

SEC. 101. NATIONAL MISSING AND UNIDENTIFIED PERSONS SYSTEM TRIBAL 
 FACILITATOR.

    (a) Appointment.--The Attorney General shall appoint 1 or more 
Tribal facilitators for the National Missing and Unidentified Persons 
System.

    (b) Duties.--The duties of a Tribal facilitator appointed under 
subsection

    (a) shall include--

    (1) coordinating the reporting of information relating to 
 missing persons cases of interest to Indian Tribes, unclaimed 
 human remains cases of interest to Indian Tribes, and 
 unidentified remains cases of interest to Indian Tribes;

    (2) consulting and coordinating with Indian Tribes and 
 relevant Tribal organizations to address the reporting, 
 documentation, and tracking of missing persons cases of 
 interest to Indian Tribes, unclaimed human remains cases of 
 Interest to Indian Tribes, and unidentified remains cases of 
 interest to Indian Tribes;

    (3) developing working relationships, and maintaining 
 communication, with Indian Tribes and relevant Tribal 
 organizations;

    (4) providing technical assistance and training to Indian 
 Tribes and relevant Tribal organizations, victim service 
 advocates, medical examiners, coroners, and Tribal justice 
 officials regarding--
        (A) the gathering and reporting of information to 
 the National Missing and Unidentified Persons System; 
 and
        (B) working with non-Tribal law enforcement 
 agencies to encourage missing persons cases of interest 
 to Indian Tribes, unclaimed human remains cases of 
 interest to Indian Tribes, and unidentified remains 
 cases of interest to Indian Tribes are reported to the 
 National Missing and Unidentified Persons System;

    (5) coordinating with the Office of Tribal Justice, the 
 Office of Justice Services of the Bureau of Indian Affairs, the 
 Executive Office for United States Attorneys, the Federal 
 Bureau of Investigation, State law enforcement agencies, and 
 the National Indian Country Training Initiative, as necessary; 
 and

    (6) conducting other training, information gathering, and 
 outreach activities to improve resolution of missing persons 
 cases of interest to Indian Tribes, unclaimed human remains 
 cases of interest to Indian Tribes, and unidentified remains 
 cases of interest to Indian Tribes.
            (c) Reporting and Transparency.--

    (1) Annual reports to congress.--During the 3-year period 
 beginning on the date of enactment of this Act, the Attorney 
 General, acting through the Director of the National Institute 
 of Justice, shall submit to the Committees on Indian Affairs, 
 the Judiciary, and Appropriations of the Senate and the 
 Committees on Natural Resources, the Judiciary, and 
 Appropriations of the House of Representatives an annual report 
 describing the activities and accomplishments of the Tribal 
 facilitators appointed under subsection

    (a) during the 1-year 
 period preceding the date of the report.

    (2) Public transparency.--Annually, the Attorney General, 
 acting through the Director of the National Institute of 
 Justice, shall publish on a website publicly accessible 
 information describing the activities and accomplishments of 
 the Tribal facilitators appointed under subsection

    (a) during 
 the 1-year period preceding the date of the publication.

SEC. 102. REPORT ON INDIAN COUNTRY LAW ENFORCEMENT PERSONNEL RESOURCES 
 AND NEED.

    (a) Office of Justice Services of the Bureau of Indian Affairs.--

Section 3
            (c) (16) of the Indian Law Enforcement Reform Act (25 U.S.C. 
2802
            (c) (16) ) is amended by striking subparagraph
            (C) and inserting the 
following:
 ``
            (C) a list of the unmet--
 ``
            (i) staffing needs of law enforcement, 
 corrections, and court personnel, including 
 criminal investigators, medical examiners, 
 coroners, forensic technicians, indigent 
 defense staff, crime victim services staff, and 
 prosecution staff, at Tribal and Bureau justice 
 agencies, including the Missing and Murdered 
 Unit of the Office of Justice Services of the 
 Bureau;
 ``
            (ii) replacement and repair needs of 
 Tribal and Bureau corrections facilities;
 ``
            (iii) infrastructure and capital needs 
 for Tribal police and court facilities, 
 including evidence storage and processing; and
 ``
            (iv) public safety and emergency 
 communications and technology needs, including 
 equipment and internet capacity needs; and''.

    (b) Department of Justice.--

    (1) Definition of department of justice law enforcement 
 agency.--In this subsection, the term ``Department of Justice 
 law enforcement agency'' means each of--
        (A) the Federal Bureau of Investigation;
        (B) the Drug Enforcement Administration;
            (C) the United States Marshals Service;
            (D) the Bureau of Alcohol, Tobacco, Firearms and 
 Explosives; and
        (E) the Offices of the United States Attorneys.

    (2) Annual report.--Each fiscal year, the Attorney General 
 shall submit to the Committees on Indian Affairs, the 
 Judiciary, and Appropriations of the Senate and the Committees 
 on Natural Resources, the Judiciary, and Appropriations of the 
 House of Representatives a report for that fiscal year that 
 includes--
        (A) the number of full-time employees of each 
 Department of Justice law enforcement agency that are 
 assigned to work on criminal investigations and 
 prosecutions in Indian country;
        (B) the percentage of time the full-time employees, 
 as identified under subparagraph
        (A) , spend 
 specifically working in Indian country;
            (C) the turnover rate during the 5-year period 
 preceding the report of full-time employees assigned to 
 work on criminal investigations and prosecutions in 
 Indian country;
            (D) the average years of experience at the 
 Department of Justice of full-time employees assigned 
 to work on criminal investigations and prosecutions in 
 Indian country;
        (E) the number of vacant positions with 
 responsibilities for criminal investigations and 
 prosecutions in Indian country;
        (F) an identification of expertise and skills 
 necessary to achieve the strategic goals of the 
 Department of Justice relating to public safety in 
 Indian country;
        (G) an estimate of the number of employees needed 
 with specific skills and competencies to fulfill 
 responsibilities assigned for criminal investigations 
 and prosecutions in Indian country; and
        (H) a list of measures identified to indicate 
 whether and how the Department of Justice plans to 
 execute its hiring, retention, and training strategies.

    (3) GAO study and report.--
        (A) Study.--
            (i) In general.--Not later than 18 months 
 after the date on which the first annual report 
 is submitted under paragraph

    (2) , the 
 Comptroller General of the United States shall 
 conduct a review of unmet staffing identified 
 by the Department of Justice law enforcement 
 agencies tasked with work on criminal 
 investigations and prosecutions in Indian 
 country.
            (ii) Requirement.--In conducting the study 
 required under clause
            (i) , the Comptroller 
 General of the United States shall take into 
 account the results of the most recent report, 
 as of the date of enactment of this Act, 
 relating to Indian country investigations and 
 prosecutions prepared by the Attorney General 
 pursuant to 

section 10

    (b) of the Indian Law 
 Enforcement Reform Act (25 U.S.C. 2809

    (b) ).
        (B) Report.--On completion of the review under 
 subparagraph
        (A) , the Comptroller General of the United 
 States shall submit to the Committees on Indian 
 Affairs, the Judiciary, and Appropriations of the 
 Senate and the Committees on Natural Resources, the 
 Judiciary, and Appropriations of the House of 
 Representatives a report that describes the results of 
 the study, including, as appropriate, proposals for 
 methods by which the Department of Justice can better 
 measure its unmet staffing and other needs for 
 Department of Justice law enforcement agencies tasked 
 with work on criminal investigations and prosecutions 
 in Indian country.

 TITLE II--ENSURING SAFETY FOR NATIVE COMMUNITIES

SEC. 201. DEMONSTRATION PROGRAM ON BUREAU OF INDIAN AFFAIRS LAW 
 ENFORCEMENT EMPLOYMENT BACKGROUND CHECKS.

    (a) Establishment of Demonstration Program.--

    (1) In general.--The Secretary shall establish a 
 demonstration program for the purpose of conducting or 
 adjudicating, in coordination with the Director, personnel 
 background investigations for applicants for law enforcement 
 positions in the Bureau of Indian Affairs.

    (2) Background investigations and security clearance 
 determinations.--
        (A) BIA investigations.--As part of the 
 demonstration program established under paragraph

    (1) , 
 the Secretary may carry out a background investigation, 
 security clearance determination, or both a background 
 investigation and a security clearance determination 
 for an applicant for a law enforcement position in the 
 Bureau of Indian Affairs.
        (B) Agreements.--The Secretary may enter into a 
 memorandum of agreement with a State or local 
 government, Indian Tribe, or Tribal organization to 
 develop steps to expedite the process of receiving and 
 obtaining access to information pertinent to background 
 investigation and security clearance determinations for 
 use in the demonstration program.

    (3) Sunset.--The demonstration program established under 
 paragraph

    (1) shall terminate 5 years after the date of the 
 commencement of the demonstration program.

    (b) Sufficiency.--Notwithstanding any other provision of law, a 
background investigation conducted or adjudicated by the Secretary 
pursuant to the demonstration program established under subsection

    (a)

    (1) that results in the granting of a security clearance to an 
applicant for a law enforcement position in the Bureau of Indian 
Affairs shall be sufficient to meet the applicable requirements of the 
Office of Personnel Management or other Federal agency for such 
investigations.
            (c) Report.--Not later than 3 years after the date on which the 
demonstration program is established under subsection

    (a)

    (1) , the 
Secretary shall submit to the Committees on Indian Affairs, the 
Judiciary, and Appropriations of the Senate and the Committees on 
Natural Resources, the Judiciary, and Appropriations of the House of 
Representatives a report on the demonstration program, which shall 
include a description of--

    (1) the demonstration program and any recommended changes 
 or updates to the demonstration program, including whether the 
 demonstration program should be reauthorized;

    (2) the number of background investigations carried out 
 under the demonstration program;

    (3) the costs, including any cost savings, associated with 
 the investigation and adjudication process under the 
 demonstration program;

    (4) the processing times for the investigation and 
 adjudication processes under the demonstration program; and

    (5) any other information that the Secretary determines to 
 be relevant.

SEC. 202. MISSING OR MURDERED RESPONSE COORDINATION GRANT PROGRAM.

    (a) Establishment of Grant Program.--The Attorney General shall 
establish within the Office of Justice Programs a grant program under 
which the Attorney General shall make grants to eligible entities 
described in subsection

    (b) to carry out eligible activities described 
in subsection
            (c) .

    (b) Eligible Entities.--

    (1) In general.--To be eligible to receive a grant under 
 the grant program established under subsection

    (a) an entity 
 shall be--
        (A) an Indian Tribe;
        (B) a relevant Tribal organization;
            (C) subject to paragraph

    (2) , a State, in 
 consortium with--
            (i) 1 or more Indian Tribes; and
            (ii) relevant Tribal organizations, if any;
            (D) a consortium of 2 or more Indian Tribes or 
 relevant Tribal organizations; or
        (E) subject to paragraph

    (2) , a consortium of 2 or 
 more States in consortium with--
            (i) 1 or more Indian Tribes; and
            (ii) relevant Tribal organizations, if any.

    (2) State eligibility.--To be eligible under subparagraph
            (C) or
        (E) of paragraph

    (1) , a State shall demonstrate to the 
 satisfaction of the Attorney General that the State--
        (A)
            (i) reports missing persons cases in the State 
 to the national crime information databases; or
            (ii) if not, has a plan to do so using a grant 
 received under the grant program established under 
 subsection

    (a) ; and
        (B) if data sharing between the State and the 
 Indian Tribes and relevant Tribal organizations with 
 which the State is in consortium is part of the 
 intended use of the grant received under the grant 
 program established under subsection

    (a) , has entered 
 into a memorandum of understanding with each applicable 
 Indian Tribe and relevant Tribal organization.
            (c) Eligible Activities.--An eligible entity receiving a grant 
under the grant program established under subsection

    (a) may use the 
grant--

    (1) to establish a statewide or regional center--
        (A) to document and track--
            (i) missing persons cases of interest to 
 Indian Tribes;
            (ii) sexual violence cases of interest to 
 Indian Tribes; and
            (iii) death investigations of interest to 
 Indian Tribes; and
        (B) to input information regarding missing persons 
 cases of interest to Indian Tribes, unclaimed human 
 remains cases of interest to Indian Tribes, and 
 unidentified remains cases of interest to Indian Tribes 
 into the National Missing and Unidentified Persons 
 System and the Missing Persons File in the National 
 Crime Information Center;

    (2) to establish a State or regional commission to respond 
 to, and to improve coordination between Federal law enforcement 
 agencies, and Tribal, State, and local law enforcement agencies 
 of the investigation of, missing persons cases of interest to 
 Indian Tribes, sexual violence cases of interest to Indian 
 Tribes, and death investigations of interest to Indian Tribes; 
 and

    (3) to document, develop, and disseminate resources for the 
 coordination and improvement of the investigation of missing 
 persons cases of interest to Indian Tribes, sexual violence 
 cases of interest to Indian Tribes, and death investigations of 
 interest to Indian Tribes, including to develop local or 
 statewide rapid notification or communication systems for 
 alerts and other information relating to those cases.
            (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the grant program established under 
subsection

    (a)

    (1) $1,000,000 for each of fiscal years 2026 through 
2030.

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

    (a) In General.--The Comptroller General of the United States shall 
conduct a study--

    (1) on the evidence collection, handling, response times, 
 and processing procedures and practices of the Office of 
 Justice Services of the Bureau of Indian Affairs and the 
 Federal Bureau of Investigation in exercising jurisdiction over 
 crimes involving Indians or committed in Indian country;

    (2) on barriers to evidence collection, handling, response 
 times, and processing identified by the agencies referred to in 
 paragraph

    (1) ;

    (3) on the views of law enforcement officials at the 
 agencies referred to in paragraph

    (1) and their counterparts 
 within the Offices of the United States Attorneys concerning 
 any relationship between--
        (A) the barriers identified under paragraph

    (2) ; 
 and
        (B) United States Attorneys declination rates due 
 to insufficient evidence; and

    (4) that includes a description of barriers to evidence 
 collection, handling, response times, and processing identified 
 and faced by--
        (A) Tribal law enforcement agencies; and
        (B) State and local law enforcement agencies that 
 exercise jurisdiction over Indian country.

    (b) Report.--Not later than 18 months after the date of enactment 
of this Act, the Comptroller General of the United States shall submit 
to the Committees on Indian Affairs, the Judiciary, and Appropriations 
of the Senate and the Committees on Natural Resources, the Judiciary, 
and Appropriations of the House of Representatives a report describing 
the results of the study conducted under subsection

    (a) .

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

 The Secretary of Health and Human Services and the Attorney General 
shall coordinate with the Director--

    (1) to ensure that Federal training materials and 
 culturally appropriate mental health and wellness programs are 
 locally or regionally available to law enforcement officers 
 working for the Office of Justice Services of the Bureau of 
 Indian Affairs or an Indian Tribe; and

    (2) to determine whether law enforcement agencies operated 
 by the Office of Justice Services of the Bureau of Indian 
 Affairs and Indian Tribes are eligible to receive services 
 under--
        (A) the Law Enforcement Assistance Program of 
 Federal Occupational Health of the Department of Health 
 and Human Services; or
        (B) any other law enforcement assistance program 
 targeted to meet the needs of law enforcement officers 
 working for law enforcement agencies operated by the 
 Federal Government or an Indian Tribe.
 <all>