,,ii #aagth ,,congress #b;d ,session ,s4 #dibc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bb1 #bjbb,ms4 ,cortez ,masto introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,a ,,bill ,to require ,federal law enforcement agencies to report on cases of missing or murdered ,indians1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,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 ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,,title ,i--,bridging agency data gaps,sec4 #aja4 ,national ,missing and ,unidentified ,persons ,system ,tribal facilitator4,sec4 #ajb4 ,report on ,indian country law enforcement personnel resources and need4,,title ,,ii--,ensuring safety for ,native communities,sec4 #bja4 ,demonstration program on ,bureau of ,indian ,affairs law enforcement employment background checks4,sec4 #bjb4 ,missing and murdered response coordination grant program4,sec4 #bjc4 ,,gao study on ,federal law enforcement agency evidence collection1 handling1 and processing4,sec4 #bjd4 ,bureau of ,indian ,affairs and ,tribal law enforcement officer counseling resources interdepartmental coordination4 #b4 ,definitions ,in this ,act3 7#a7 ,death investigation ,the term death investigation has the meaning determined by the ,attorney ,general4 7#b7 ,death investigation of interest to ,indian ,tribes ,the term death investigation of interest to ,indian ,tribes means a case involving-- 7,a7 a death investigation into the death of an ,indian2 or 7,b7 a death investigation of a person found on1 in1 or adjacent to ,indian land or a ,village4 7#c7 ,director ,the term ,director means the ,director of the ,office of ,justice ,services4 7#d7 ,federal law enforcement agency ,the term ,federal law enforcement agency means the ,bureau of ,indian ,affairs direct-service police1 the ,federal ,bureau of ,investigation1 and any other ,federal law enforcement agency that-- 7,a7 has jurisdiction over crimes in ,indian country2 or 7,b7 investigates missing persons cases of interest to ,indian ,tribes1 death investigations of interest to ,indian ,tribes1 unclaimed remains cases of interest to ,indian ,tribes1 or unidentified remains cases of interest to ,indian ,tribes4 7#e7 ,indian ,the term ,indian has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#f7 ,indian country ,the term ,indian country has the meaning given the term in section #aaea of title #ah1 ,united ,states ,code4 7#g7 ,indian land ,the term ,indian land has the meaning given the term ,indian lands in section #c of the ,native ,american ,business ,development1 ,trade ,promotion1 and ,tourism ,act of #bjjj 7#be ,u4,s4,c4 #dcjb74 7#h7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#i7 ,missing ,the term missing has the meaning determined by the ,attorney ,general4 7#aj7 ,missing persons case of interest to ,indian ,tribes ,the term missing persons case of interest to ,indian ,tribes means a case involving-- 7,a7 a missing ,indian2 or 7,b7 a missing person whose last known location is believed to be on1 in1 or adjacent to ,indian land or a ,village4 7#aa7 ,national crime information databases ,the term national crime information databases has the meaning given the term in section #ecd7;f77#c7 of title #bh1 ,united ,states ,code4 7#ab7 ,relevant ,tribal organization ,the term relevant ,tribal organization means1 as applicable-- 7,a7 a tribal organization or an urban ,indian organization2 and 7,b7 a national or regional organization that-- 7i7 represents a substantial ,indian constituency2 and 7ii7 has expertise in the fields of-- 7,i7 human trafficking of ,indians2 7,,ii7 human trafficking on ,indian land or in a ,village2 7,,iii7 violence against ,indian women and children2 or 7,,iv7 tribal justice systems4 7#ac7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#ad7 ,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 #aji;,a or #aaj of title #ah1 ,united ,states ,code1 committed against an ,indian by another ,indian or a non-,indian4 7#ae7 ,tribal justice official ,the term tribal justice official has the meaning given the term in section #b of the ,indian ,law ,enforcement ,reform ,act 7#be ,u4,s4,c4 #bhja74 7#af7 ,tribal organization ,the term tribal organization has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#ag7 ,unclaimed remains case of interest to ,indian ,tribes ,the term unclaimed remains case of interest to ,indian ,tribes means a case involving-- 7,a7 unclaimed ,indian remains2 or 7,b7 unclaimed remains found on1 in1 or adjacent to ,indian land or a ,village4 7#ah7 ,unidentified remains case of interest to ,indian ,tribes ,the term unidentified remains case of interest to ,indian ,tribes means a case involving-- 7,a7 unidentified ,indian remains2 or 7,b7 unidentified remains found on1 in1 or adjacent to ,indian land or a ,village4 7#ai7 ,urban ,indian organization ,the term urban ,indian organization has the meaning given the term in section #d of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afjc74 7#bj7 ,village ,the term ,village means the ,alaska ,native ,village ,statistical ,area covering all or any portion of a ,native village 7as defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb771 as depicted on the applicable ,tribal ,statistical ,area ,program ,verification ,map of the ,bureau of the ,census4 ,i ,bridging agency data gaps #aja4 ,national ,missing and ,unidentified ,persons ,system ,tribal facilitator 7a7 ,appointment ,the ,attorney ,general1 acting through the ,director of the ,national ,institute of ,justice1 shall appoint #a or more ,tribal facilitators for the ,national ,missing and ,unidentified ,persons ,system4 7b7 ,duties ,the duties of a ,tribal facilitator appointed under subsection 7a7 shall include-- 7#a7 coordinating the reporting of information relating to missing persons cases of interest to ,indian ,tribes1 unclaimed remains cases of interest to ,indian ,tribes1 and unidentified remains cases of interest to ,indian ,tribes2 7#b7 consulting and coordinating with ,indian ,tribes and relevant ,tribal organizations to address the reporting1 documentation1 and tracking of missing persons cases of interest to ,indian ,tribes1 unclaimed remains cases of ,interest to ,indian ,tribes1 and unidentified remains cases of interest to ,indian ,tribes2 7#c7 developing working relationships1 and maintaining communication1 with ,indian ,tribes and relevant ,tribal organizations2 7#d7 providing technical assistance and training to ,indian ,tribes and relevant ,tribal organizations1 victim service advocates1 medical examiners1 coroners1 and tribal justice officials regarding-- 7,a7 the gathering and reporting of information to the ,national ,missing and ,unidentified ,persons ,system2 and 7,b7 working with non-,tribal law enforcement agencies to ensure missing persons cases of interest to ,indian ,tribes1 unclaimed remains cases of interest to ,indian ,tribes1 and unidentified remains cases of interest to ,indian ,tribes are reported to the ,national ,missing and ,unidentified ,persons ,system2 7#e7 coordinating with the ,office of ,tribal ,justice1 the ,office of ,justice ,services1 the ,executive ,office for ,united ,states ,attorneys1 and the ,national ,indian ,country ,training ,initiative1 as necessary2 and 7#f7 conducting other training1 information gathering1 and outreach activities to improve resolution of missing persons cases of interest to ,indian ,tribes1 unclaimed remains cases of interest to ,indian ,tribes1 and unidentified remains cases of interest to ,indian ,tribes4 7c7 ,reporting and transparency 7#a7 ,annual reports to ,congress ,during the #c-year-period beginning on the date of enactment of this ,act1 the ,attorney ,general1 acting through the ,director of the ,national ,institute of ,justice1 shall submit to the ,committees on ,indian ,affairs1 the ,judiciary1 and ,appropriations of the ,senate and the ,committees on ,natural ,resources1 the ,judiciary1 and ,appropriations of the ,house of ,representatives an annual report-- 7,a7 describing the activities and accomplishments of the #a or more ,tribal facilitators appointed under subsection 7a7 during the #a-year period preceding the date of the report2 and 7,b7 summarizing-- 7i7 the number of missing persons cases of interest to ,indian ,tribes1 unclaimed remains cases of interest to ,indian ,tribes1 and unidentified remains cases of interest to ,indian ,tribes that the ,tribal facilitator can identify in the ,national ,missing and ,unidentified ,persons ,system2 and 7ii7 the percentage of missing persons cases of interest to ,indian ,tribes1 unclaimed remains cases of interest to ,indian ,tribes1 and unidentified remains cases of interest to ,indian ,tribes closed during the #a-year period preceding the date of the report that the ,tribal facilitator can identify in the ,national ,missing and ,unidentified ,persons ,system4 7#b7 ,public transparency ,annually1 the ,attorney ,general1 acting through the ,director of the ,national ,institute of ,justice1 shall publish on a website publicly accessible information-- 7,a7 describing the activities and accomplishments of the #a or more ,tribal facilitators appointed under subsection 7a7 during the #a-year period preceding the date of the publication2 and 7,b7 summarizing-- 7i7 the number of missing persons cases of interest to ,indian ,tribes1 unclaimed remains cases of interest to ,indian ,tribes1 and unidentified remains cases of interest to ,indian ,tribes that the ,tribal facilitator can identify in the ,national ,missing and ,unidentified ,persons ,system2 and 7ii7 the percentage of missing persons cases of interest to ,indian ,tribes1 unclaimed remains cases of interest to ,indian ,tribes1 and unidentified remains cases of interest to ,indian ,tribes closed during the #a-year period preceding the date of the report that the ,tribal facilitator can identify in the ,national ,missing and ,unidentified ,persons ,system4 #ajb4 ,report on ,indian country law enforcement personnel resources and need 7a7 ,department of the ,interior ,office of ,justice ,services ,section #c7;c77#af7 of the ,indian ,law ,enforcement ,reform ,act 7#be ,u4,s4,c4 #bhjb7;c77#af77 is amended by striking subparagraph 7,c7 and inserting the following3 7,c7 a list of the unmet-- 7i7 staffing needs of law enforcement1 corrections1 and court personnel1 including criminal investigators1 medical examiners1 coroners1 forensic technicians1 indigent defense staff1 and prosecution staff1 at tribal and ,bureau of ,indian ,affairs justice agencies2 7ii7 replacement and repair needs of tribal and ,bureau of ,indian ,affairs corrections facilities2 7iii7 infrastructure and capital needs for tribal police and court facilities1 including evidence storage and processing2 and 7iv7 public safety and emergency communications and technology needs2 and 4 7b7 ,department of ,justice 7#a7 ,definition of ,department of ,justice law enforcement agency ,in this subsection1 the term ,department of ,justice law enforcement agency means each of-- 7,a7 the ,federal ,bureau of ,investigation2 7,b7 the ,drug ,enforcement ,administration2 7,c7 the ,united ,states ,marshals ,service2 7,d7 the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives2 and 7,e7 the ,offices of the ,united ,states ,attorneys4 7#b7 ,annual report ,each fiscal year1 the ,attorney ,general shall submit to the ,committees on ,indian ,affairs1 the ,judiciary1 and ,appropriations of the ,senate and the ,committees on ,natural ,resources1 the ,judiciary1 and ,appropriations of the ,house of ,representatives a report describing for that fiscal year-- 7,a7 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 country2 and 7,b7 the percentage of time the full-employees spend specifically working in ,indian country4 7#c7 ,,gao study and report 7,a7 ,study 7i7 ,in general ,not later than #ah months after the date on which the first annual report is submitted under paragraph 7#b71 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 country4 7ii7 ,requirement ,in conducting the study required under clause 7i71 the ,comptroller ,general of the ,united ,states shall take into account the results of the most recent report1 as of the date of enactment of this ,act1 relating to ,indian country investigations and prosecutions prepared by the ,attorney ,general pursuant to section #aj7;b7 of the ,indian ,law ,enforcement ,reform ,act 7#be ,u4,s4,c4 #bhji7;b774 7,b7 ,report ,on completion of the study under subparagraph 7,a71 the ,comptroller ,general of the ,united ,states shall submit to the ,committees on ,indian ,affairs1 the ,judiciary1 and ,appropriations of the ,senate and the ,committees on ,natural ,resources1 the ,judiciary1 and ,appropriations of the ,house of ,representatives a report that describes the results of the study1 including1 as appropriate1 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 country4 ,,ii ,ensuring safety for ,native communities #bja4 ,demonstration program on ,bureau of ,indian ,affairs law enforcement employment background checks 7a7 ,establishment of program 7#a7 ,in general ,the ,secretary shall establish a demonstration program for the purpose of conducting or adjudicating1 in coordination with the ,director of the ,bureau of ,indian ,affairs1 personnel background investigations for applicants for law enforcement positions in the ,bureau of ,indian ,affairs4 7#b7 ,background investigations and security clearance determinations 7,a7 ,,bia investigations ,as part of the demonstration program established under paragraph 7#a71 the ,secretary may carry out a background investigation1 security clearance determination1 or both a background investigation and a security clearance determination for an applicant for a law enforcement position in the ,bureau of ,indian ,affairs4 7,b7 ,use of previous investigations and determinations 7i7 ,in general ,subject to clause 7ii71 as part of the demonstration program established under paragraph 7#a71 the ,secretary1 in adjudicating background investigations for applicants for law enforcement positions in the ,bureau of ,indian ,affairs1 shall consider previous background investigations for an applicant1 security clearance determinations for an applicant1 or both background investigations and security clearance determinations for an applicant1 as the case may be1 that have been conducted by a ,state or local government1 ,indian ,tribe1 tribal organization1 or the ,bureau of ,indian ,affairs1 within the #e-year period preceding the application for employment with the ,bureau of ,indian ,affairs4 7ii7 ,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 government1 ,indian ,tribe1 or tribal organization if the ,secretary can verify that those previous investigations and determinations1 as the case may be1 are of a comparable quality and thoroughness to investigations and determinations carried out by the ,bureau of ,indian ,affairs1 the ,office of ,personnel ,management1 or another ,federal agency4 7iii7 ,additional investigation ,if1 as described in clause 7i71 the ,secretary considers an existing background investigation1 security clearance determination1 or both1 as the case may be1 for an applicant that has been carried out by a ,state or local government1 ,indian ,tribe1 tribal organization1 or the ,bureau of ,indian ,affairs1 the ,secretary-- 7,i7 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 issued2 and 7,,ii7 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 process4 7iv7 ,agreements ,the ,secretary may enter into a ,memorandum of ,agreement with a ,state or local government1 ,indian ,tribe1 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 program4 7#c7 ,sunset ,the demonstration program established under this section shall terminate #e years after the date of the commencement of the program4 7b7 ,sufficiency ,notwithstanding any other provision of law1 a background investigation conducted or adjudicated by the ,secretary pursuant to the demonstration program authorized in subsection 7a7 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 investigations4 7c7 ,annual report ,the ,secretary shall submit to the ,committees on ,indian ,affairs1 the ,judiciary1 and ,appropriations of the ,senate and the ,committees on ,natural ,resources1 the ,judiciary1 and ,appropriations of the ,house of ,representatives an annual report on the demonstration program established under subsection 7a71 which shall include a description of-- 7#a7 the demonstration program and any relevant annual changes or updates to the program2 7#b7 the number of background investigations carried out under the program2 7#c7 the costs1 including any cost savings1 associated with the investigation and adjudication process under the program2 7#d7 the processing times for the investigation and adjudication processes under the program2 7#e7 any ,memoranda of ,agreement entered into with ,state or local government1 ,indian ,tribe1 or tribal organization2 and 7#f7 any other information that the ,secretary determines to be relevant4 7d7 ,,gao study and report 7#a7 ,initial report ,not later than #ah months after the date on which the demonstration program commences under this section1 the ,comptroller ,general of the ,united ,states shall prepare and submit to ,congress an initial report on such demonstration program4 7#b7 ,final report ,not later than #ah months after the date on which the demonstration program terminates under subsection 7a77#c71 the ,comptroller ,general of the ,united ,states shall prepare and submit to ,congress a final report on such demonstration program4 7#c7 ,tribal input ,in preparing the reports under this subsection1 the ,comptroller ,general of the ,united ,states shall obtain input from ,indian ,tribes regarding the demonstration program under this section4 #bjb4 ,missing and murdered response coordination grant program 7a7 ,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 7b7 to carry out eligible activities described in subsection 7c74 7b7 ,eligible entities 7#a7 ,in general ,to be eligible to receive a grant under the grant program established under subsection 7a7 an entity shall be-- 7,a7 an ,indian ,tribe2 7,b7 a relevant ,tribal organization2 7,c7 subject to paragraph 7#b71 a ,state1 in consortium with-- 7i7 #a or more ,indian ,tribes2 and 7ii7 relevant ,tribal organizations1 if any2 7,d7 a consortium of #b or more ,indian ,tribes or relevant ,tribal organizations2 or 7,e7 subject to paragraph 7#b71 a consortium of #b or more ,states in consortium with-- 7i7 #a or more ,indian ,tribes2 and 7ii7 relevant ,tribal organizations1 if any4 7#b7 ,state eligibility ,to be eligible under subparagraph 7,c7 or 7,e7 of paragraph 7#a71 a ,state shall demonstrate to the satisfaction of the ,attorney ,general that the ,state-- 7,a7 7i7 reports missing persons cases in the ,state to the national crime information databases2 or 7ii7 if not1 has a plan to do so using a grant received under the grant program established under subsection 7a72 and 7,b7 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 7a71 has entered into a memorandum of understanding with each applicable ,indian ,tribe and relevant ,tribal organization4 7c7 ,eligible activities ,an eligible entity receiving a grant under the grant program established under subsection 7a7 may use the grant-- 7#a7 to establish a statewide or regional center-- 7,a7 to document and track-- 7i7 missing persons cases of interest to ,indian ,tribes2 7ii7 sexual assault cases of interest to ,indian ,tribes2 and 7iii7 death investigations of interest to ,indian ,tribes2 and 7,b7 to input information regarding missing persons cases of interest to ,indian ,tribes1 unclaimed remains cases of interest to ,indian ,tribes1 and unidentified remains cases of interest to ,indian ,tribes into the ,national ,missing and ,unidentified ,persons ,system2 7#b7 to establish a ,state or regional commission to respond to1 and to improve coordination between ,federal law enforcement agencies1 and ,tribal1 ,state1 and local law enforcement agencies of the investigation of1 missing persons cases of interest to ,indian ,tribes1 sexual assault cases of interest to ,indian ,tribes1 and death investigations of interest to ,indian ,tribes2 and 7#c7 to document1 develop1 and disseminate resources for the coordination and improvement of the investigation of missing persons cases of interest to ,indian ,tribes1 sexual assault cases of interest to ,indian ,tribes1 and death investigations of interest to ,indian ,tribes1 including to develop local or statewide rapid notification or communication systems for alerts and other information relating to those cases4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out the program #a1jjj1jjj for each of fiscal years #bjbc through #bjbg4 #bjc4 ,,gao study on ,federal law enforcement agency evidence collection1 handling1 and processing 7a7 ,in general ,the ,comptroller ,general of the ,united ,states shall conduct a study-- 7#a7 on the evidence collection1 handling1 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 country2 7#b7 on any barriers to evidence collection1 handling1 and processing by the agencies referred to in paragraph 7#a72 7#c7 on the views of law enforcement officials at the agencies referred to in paragraph 7#a7 and their counterparts within the ,offices of the ,united ,states ,attorneys concerning any relationship between-- 7,a7 the barriers identified under paragraph 7#b72 and 7,b7 ,united ,states ,attorneys declination rates due to insufficient evidence2 and 7#d7 that includes a survey of barriers to evidence collection1 handling1 and processing faced by-- 7,a7 ,tribal law enforcement agencies2 and 7,b7 ,state and local law enforcement agencies that exercise jurisdiction over ,indian country4 7b7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report describing the results of the study conducted under subsection 7a74 #bjd4 ,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-- 7#a7 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 stress2 and 7#b7 to determine whether law enforcement agencies operated by the ,bureau of ,indian ,affairs and ,indian ,tribes are eligible to receive services under-- 7,a7 the ,law ,enforcement ,assistance ,program of ,federal ,occupational ,health of the ,department of ,health and ,human ,services2 or 7,b7 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 ,tribe4