II
119THCONGRESS
1
STSESSION S. 390
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
FEBRUARY4, 2025
Ms. C
ORTEZMASTO(for herself, Mr. HOEVEN, Mr. GALLEGO, and Mr.
R
OUNDS) introduced the following bill; 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 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) S
HORTTITLE.—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
(b) T
ABLE OFCONTENTS.—The table of contents for 8
this Act is as follows: 9
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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 coun-
seling resources interdepartmental coordination.
SEC. 2. DEFINITIONS.
1
In this Act: 2
(1) D
EATH INVESTIGATION.—The term ‘‘death 3
investigation’’ has the meaning determined by the 4
Attorney General. 5
(2) D
EATH INVESTIGATION OF INTEREST TO 6
INDIAN TRIBES.—The term ‘‘death investigation of 7
interest to Indian Tribes’’ means a case involving— 8
(A) a death investigation into the death of 9
an Indian; or 10
(B) a death investigation of a person found 11
on, in, or adjacent to Indian land or a Village. 12
(3) D
IRECTOR.—The term ‘‘Director’’ means 13
the Deputy Bureau Director of the Office of Justice 14
Services of the Bureau of Indian Affairs. 15
(4) F
EDERAL LAW ENFORCEMENT AGENCY .— 16
The term ‘‘Federal law enforcement agency’’ means 17
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the Office of Justice Services of the Bureau of In-1
dian Affairs, the Federal Bureau of Investigation, 2
and any other Federal law enforcement agency 3
that— 4
(A) has jurisdiction over crimes in Indian 5
country; or 6
(B) investigates missing persons cases of 7
interest to Indian Tribes, death investigations 8
of interest to Indian Tribes, unclaimed human 9
remains cases of interest to Indian Tribes, or 10
unidentified remains cases of interest to Indian 11
Tribes. 12
(5) I
NDIAN.—The term ‘‘Indian’’ has the mean-13
ing given the term in section 4 of the Indian Self- 14
Determination and Education Assistance Act (25 15
U.S.C. 5304). 16
(6) I
NDIAN COUNTRY.—The term ‘‘Indian coun-17
try’’ has the meaning given the term in section 1151 18
of title 18, United States Code. 19
(7) I
NDIAN LAND.—The term ‘‘Indian land’’ 20
has the meaning given the term ‘‘Indian lands’’ in 21
section 3 of the Native American Business Develop-22
ment, Trade Promotion, and Tourism Act of 2000 23
(25 U.S.C. 4302). 24
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(8) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 1
has the meaning given the term in section 4 of the 2
Indian Self-Determination and Education Assistance 3
Act (25 U.S.C. 5304). 4
(9) M
ISSING PERSONS CASE OF INTEREST TO 5
INDIAN TRIBES.—The term ‘‘missing persons case of 6
interest to Indian Tribes’’ means a case involving— 7
(A) a missing Indian; or 8
(B) a missing person whose last known lo-9
cation is believed to be on, in, or adjacent to In-10
dian land or a Village. 11
(10) N
ATIONAL CRIME INFORMATION DATA -12
BASES.—The term ‘‘national crime information 13
databases’’ has the meaning given the term in sec-14
tion 534(f)(3) of title 28, United States Code. 15
(11) R
ELEVANT TRIBAL ORGANIZATION .—The 16
term ‘‘relevant Tribal organization’’ means, as appli-17
cable— 18
(A) a Tribal organization or an urban In-19
dian organization; and 20
(B) a national or regional organization 21
that— 22
(i) represents a substantial Indian 23
constituency; and 24
(ii) has expertise in the fields of— 25
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(I) human trafficking of Indians; 1
(II) human trafficking on Indian 2
land or in a Village; 3
(III) violence against Indians; 4
(IV) missing or murdered Indige-5
nous persons; or 6
(V) Tribal justice systems. 7
(12) S
ECRETARY.—The term ‘‘Secretary’’ 8
means the Secretary of the Interior. 9
(13) S
EXUAL VIOLENCE CASE OF INTEREST TO 10
INDIAN TRIBES.—The term ‘‘sexual violence case of 11
interest to Indian Tribes’’ means a case involving an 12
allegation of sexual violence (as defined in section 13
204(a) of Public Law 90–284 (25 U.S.C. 1304(a))). 14
(14) T
RIBAL JUSTICE OFFICIAL .—The term 15
‘‘Tribal justice official’’ has the meaning given the 16
term ‘‘tribal justice official’’ in section 2 of the In-17
dian Law Enforcement Reform Act (25 U.S.C. 18
2801). 19
(15) T
RIBAL ORGANIZATION.—The term ‘‘Trib-20
al organization’’ has the meaning given the term in 21
section 4 of the Indian Self-Determination and Edu-22
cation Assistance Act (25 U.S.C. 5304). 23
(16) U
NCLAIMED HUMAN REMAINS CASE OF IN -24
TEREST TO INDIAN TRIBES .—The term ‘‘unclaimed 25
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human remains case of interest to Indian Tribes’’ 1
means a case involving— 2
(A) unclaimed Indian remains identified by 3
Federal, Tribal, State, or local law enforcement; 4
or 5
(B) unclaimed human remains found on, 6
in, or adjacent to Indian land or a Village. 7
(17) U
NIDENTIFIED REMAINS CASE OF INTER -8
EST TO INDIAN TRIBES.—The term ‘‘unidentified re-9
mains case of interest to Indian Tribes’’ means a 10
case involving— 11
(A) unidentified Indian remains; or 12
(B) unidentified remains found on, in, or 13
adjacent to Indian land or a Village. 14
(18) U
RBAN INDIAN ORGANIZATION .—The term 15
‘‘urban Indian organization’’ has the meaning given 16
the term in section 4 of the Indian Health Care Im-17
provement Act (25 U.S.C. 1603). 18
(19) V
ILLAGE.—The term ‘‘Village’’ means the 19
Alaska Native Village Statistical Area covering all or 20
any portion of a Native village (as defined in section 21
3 of the Alaska Native Claims Settlement Act (43 22
U.S.C. 1602)), as depicted on the applicable Tribal 23
Statistical Area Program Verification Map of the 24
Bureau of the Census. 25
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TITLE I—BRIDGING AGENCY 1
DATA GAPS 2
SEC. 101. NATIONAL MISSING AND UNIDENTIFIED PERSONS 3
SYSTEM TRIBAL FACILITATOR. 4
(a) A
PPOINTMENT.—The Attorney General shall ap-5
point 1 or more Tribal facilitators for the National Miss-6
ing and Unidentified Persons System. 7
(b) D
UTIES.—The duties of a Tribal facilitator ap-8
pointed under subsection (a) shall include— 9
(1) coordinating the reporting of information 10
relating to missing persons cases of interest to In-11
dian Tribes, unclaimed human remains cases of in-12
terest to Indian Tribes, and unidentified remains 13
cases of interest to Indian Tribes; 14
(2) consulting and coordinating with Indian 15
Tribes and relevant Tribal organizations to address 16
the reporting, documentation, and tracking of miss-17
ing persons cases of interest to Indian Tribes, un-18
claimed human remains cases of Interest to Indian 19
Tribes, and unidentified remains cases of interest to 20
Indian Tribes; 21
(3) developing working relationships, and main-22
taining communication, with Indian Tribes and rel-23
evant Tribal organizations; 24
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(4) providing technical assistance and training 1
to Indian Tribes and relevant Tribal organizations, 2
victim service advocates, medical examiners, coro-3
ners, and Tribal justice officials regarding— 4
(A) the gathering and reporting of infor-5
mation to the National Missing and Unidenti-6
fied Persons System; and 7
(B) working with non-Tribal law enforce-8
ment agencies to encourage missing persons 9
cases of interest to Indian Tribes, unclaimed 10
human remains cases of interest to Indian 11
Tribes, and unidentified remains cases of inter-12
est to Indian Tribes are reported to the Na-13
tional Missing and Unidentified Persons Sys-14
tem; 15
(5) coordinating with the Office of Tribal Jus-16
tice, the Office of Justice Services of the Bureau of 17
Indian Affairs, the Executive Office for United 18
States Attorneys, the Federal Bureau of Investiga-19
tion, State law enforcement agencies, and the Na-20
tional Indian Country Training Initiative, as nec-21
essary; 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
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unclaimed human remains cases of interest to Indian 1
Tribes, and unidentified remains cases of interest to 2
Indian Tribes. 3
(c) R
EPORTING ANDTRANSPARENCY.— 4
(1) A
NNUAL REPORTS TO CONGRESS .—During 5
the 3-year-period beginning on the date of enact-6
ment of this Act, the Attorney General, acting 7
through the Director of the National Institute of 8
Justice, shall submit to the Committees on Indian 9
Affairs, the Judiciary, and Appropriations of the 10
Senate and the Committees on Natural Resources, 11
the Judiciary, and Appropriations of the House of 12
Representatives an annual report describing the ac-13
tivities and accomplishments of the Tribal 14
facilitators appointed under subsection (a) during 15
the 1-year period preceding the date of the report. 16
(2) P
UBLIC TRANSPARENCY .—Annually, the At-17
torney General, acting through the Director of the 18
National Institute of Justice, shall publish on a 19
website publicly accessible information describing the 20
activities and accomplishments of the Tribal 21
facilitators appointed under subsection (a) during 22
the 1-year period preceding the date of the publica-23
tion. 24
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SEC. 102. REPORT ON INDIAN COUNTRY LAW ENFORCE-1
MENT PERSONNEL RESOURCES AND NEED. 2
(a) O
FFICE OFJUSTICESERVICES OF THEBUREAU 3
OFINDIANAFFAIRS.—Section 3(c)(16) of the Indian Law 4
Enforcement Reform Act (25 U.S.C. 2802(c)(16)) is 5
amended by striking subparagraph (C) and inserting the 6
following: 7
‘‘(C) a list of the unmet— 8
‘‘(i) staffing needs of law enforcement, 9
corrections, and court personnel, including 10
criminal investigators, medical examiners, 11
coroners, forensic technicians, indigent de-12
fense staff, crime victim services staff, and 13
prosecution staff, at Tribal and Bureau 14
justice agencies, including the Missing and 15
Murdered Unit of the Office of Justice 16
Services of the Bureau; 17
‘‘(ii) replacement and repair needs of 18
Tribal and Bureau corrections facilities; 19
‘‘(iii) infrastructure and capital needs 20
for Tribal police and court facilities, in-21
cluding evidence storage and processing; 22
and 23
‘‘(iv) public safety and emergency 24
communications and technology needs, in-25
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cluding equipment and internet capacity 1
needs; and’’. 2
(b) D
EPARTMENT OFJUSTICE.— 3
(1) D
EFINITION OF DEPARTMENT OF JUSTICE 4
LAW ENFORCEMENT AGENCY .—In this subsection, 5
the term ‘‘Department of Justice law enforcement 6
agency’’ means each of— 7
(A) the Federal Bureau of Investigation; 8
(B) the Drug Enforcement Administration; 9
(C) the United States Marshals Service; 10
(D) the Bureau of Alcohol, Tobacco, Fire-11
arms and Explosives; and 12
(E) the Offices of the United States Attor-13
neys. 14
(2) A
NNUAL REPORT.—Each fiscal year, the 15
Attorney General shall submit to the Committees on 16
Indian Affairs, the Judiciary, and Appropriations of 17
the Senate and the Committees on Natural Re-18
sources, the Judiciary, and Appropriations of the 19
House of Representatives a report for that fiscal 20
year that includes— 21
(A) the number of full-time employees of 22
each Department of Justice law enforcement 23
agency that are assigned to work on criminal 24
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investigations and prosecutions in Indian coun-1
try; 2
(B) the percentage of time the full-time 3
employees, as identified under subparagraph 4
(A), spend specifically working in Indian coun-5
try; 6
(C) the turnover rate during the 5-year pe-7
riod preceding the report of full-time employees 8
assigned to work on criminal investigations and 9
prosecutions in Indian country; 10
(D) the average years of experience at the 11
Department of Justice of full-time employees 12
assigned to work on criminal investigations and 13
prosecutions in Indian country; 14
(E) the number of vacant positions with 15
responsibilities for criminal investigations and 16
prosecutions in Indian country; 17
(F) an identification of expertise and skills 18
necessary to achieve the strategic goals of the 19
Department of Justice relating to public safety 20
in Indian country; 21
(G) an estimate of the number of employ-22
ees needed with specific skills and competencies 23
to fulfill responsibilities assigned for criminal 24
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investigations and prosecutions in Indian coun-1
try; and 2
(H) a list of measures identified to indicate 3
whether and how the Department of Justice 4
plans to execute its hiring, retention, and train-5
ing strategies. 6
(3) GAO
STUDY AND REPORT.— 7
(A) S
TUDY.— 8
(i) I
N GENERAL.—Not later than 18 9
months after the date on which the first 10
annual report is submitted under para-11
graph (2), the Comptroller General of the 12
United States shall conduct a review of 13
unmet staffing identified by the Depart-14
ment of Justice law enforcement agencies 15
tasked with work on criminal investigations 16
and prosecutions in Indian country. 17
(ii) R
EQUIREMENT.—In conducting 18
the study required under clause (i), the 19
Comptroller General of the United States 20
shall take into account the results of the 21
most recent report, as of the date of enact-22
ment of this Act, relating to Indian coun-23
try investigations and prosecutions pre-24
pared by the Attorney General pursuant to 25
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section 10(b) of the Indian Law Enforce-1
ment Reform Act (25 U.S.C. 2809(b)). 2
(B) R
EPORT.—On completion of the review 3
under subparagraph (A), the Comptroller Gen-4
eral of the United States shall submit to the 5
Committees on Indian Affairs, the Judiciary, 6
and Appropriations of the Senate and the Com-7
mittees on Natural Resources, the Judiciary, 8
and Appropriations of the House of Representa-9
tives a report that describes the results of the 10
study, including, as appropriate, proposals for 11
methods by which the Department of Justice 12
can better measure its unmet staffing and other 13
needs for Department of Justice law enforce-14
ment agencies tasked with work on criminal in-15
vestigations and prosecutions in Indian country. 16
TITLE II—ENSURING SAFETY 17
FOR NATIVE COMMUNITIES 18
SEC. 201. DEMONSTRATION PROGRAM ON BUREAU OF IN-19
DIAN AFFAIRS LAW ENFORCEMENT EMPLOY-20
MENT BACKGROUND CHECKS. 21
(a) E
STABLISHMENT OF DEMONSTRATION PRO-22
GRAM.— 23
(1) I
N GENERAL.—The Secretary shall establish 24
a demonstration program for the purpose of con-25
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ducting or adjudicating, in coordination with the Di-1
rector, personnel background investigations for ap-2
plicants for law enforcement positions in the Bureau 3
of Indian Affairs. 4
(2) B
ACKGROUND INVESTIGATIONS AND SECU -5
RITY CLEARANCE DETERMINATIONS .— 6
(A) BIA
INVESTIGATIONS.—As part of the 7
demonstration program established under para-8
graph (1), the Secretary may carry out a back-9
ground investigation, security clearance deter-10
mination, or both a background investigation 11
and a security clearance determination for an 12
applicant for a law enforcement position in the 13
Bureau of Indian Affairs. 14
(B) A
GREEMENTS.—The Secretary may 15
enter into a memorandum of agreement with a 16
State or local government, Indian Tribe, or 17
Tribal organization to develop steps to expedite 18
the process of receiving and obtaining access to 19
information pertinent to background investiga-20
tion and security clearance determinations for 21
use in the demonstration program. 22
(3) S
UNSET.—The demonstration program es-23
tablished under paragraph (1) shall terminate 5 24
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years after the date of the commencement of the 1
demonstration program. 2
(b) S
UFFICIENCY.—Notwithstanding any other provi-3
sion of law, a background investigation conducted or adju-4
dicated by the Secretary pursuant to the demonstration 5
program established under subsection (a)(1) that results 6
in the granting of a security clearance to an applicant for 7
a law enforcement position in the Bureau of Indian Affairs 8
shall be sufficient to meet the applicable requirements of 9
the Office of Personnel Management or other Federal 10
agency for such investigations. 11
(c) R
EPORT.—Not later than 3 years after the date 12
on which the demonstration program is established under 13
subsection (a)(1), the Secretary shall submit to the Com-14
mittees on Indian Affairs, the Judiciary, and Appropria-15
tions of the Senate and the Committees on Natural Re-16
sources, the Judiciary, and Appropriations of the House 17
of Representatives a report on the demonstration pro-18
gram, which shall include a description of— 19
(1) the demonstration program and any rec-20
ommended changes or updates to the demonstration 21
program, including whether the demonstration pro-22
gram should be reauthorized; 23
(2) the number of background investigations 24
carried out under the demonstration program; 25
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(3) the costs, including any cost savings, associ-1
ated with the investigation and adjudication process 2
under the demonstration program; 3
(4) the processing times for the investigation 4
and adjudication processes under the demonstration 5
program; and 6
(5) any other information that the Secretary 7
determines to be relevant. 8
SEC. 202. MISSING OR MURDERED RESPONSE COORDINA-9
TION GRANT PROGRAM. 10
(a) E
STABLISHMENT OF GRANTPROGRAM.—The At-11
torney General shall establish within the Office of Justice 12
Programs a grant program under which the Attorney Gen-13
eral shall make grants to eligible entities described in sub-14
section (b) to carry out eligible activities described in sub-15
section (c). 16
(b) E
LIGIBLEENTITIES.— 17
(1) I
N GENERAL.—To be eligible to receive a 18
grant under the grant program established under 19
subsection (a) an entity shall be— 20
(A) an Indian Tribe; 21
(B) a relevant Tribal organization; 22
(C) subject to paragraph (2), a State, in 23
consortium with— 24
(i) 1 or more Indian Tribes; and 25
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(ii) relevant Tribal organizations, if 1
any; 2
(D) a consortium of 2 or more Indian 3
Tribes or relevant Tribal organizations; or 4
(E) subject to paragraph (2), a consortium 5
of 2 or more States in consortium with— 6
(i) 1 or more Indian Tribes; and 7
(ii) relevant Tribal organizations, if 8
any. 9
(2) S
TATE ELIGIBILITY.—To be eligible under 10
subparagraph (C) or (E) of paragraph (1), a State 11
shall demonstrate to the satisfaction of the Attorney 12
General that the State— 13
(A)(i) reports missing persons cases in the 14
State to the national crime information data-15
bases; or 16
(ii) if not, has a plan to do so using a 17
grant received under the grant program estab-18
lished under subsection (a); and 19
(B) if data sharing between the State and 20
the Indian Tribes and relevant Tribal organiza-21
tions with which the State is in consortium is 22
part of the intended use of the grant received 23
under the grant program established under sub-24
section (a), has entered into a memorandum of 25
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understanding with each applicable Indian 1
Tribe and relevant Tribal organization. 2
(c) E
LIGIBLEACTIVITIES.—An eligible entity receiv-3
ing a grant under the grant program established under 4
subsection (a) may use the grant— 5
(1) to establish a statewide or regional center— 6
(A) to document and track— 7
(i) missing persons cases of interest to 8
Indian Tribes; 9
(ii) sexual violence cases of interest to 10
Indian Tribes; and 11
(iii) death investigations of interest to 12
Indian Tribes; and 13
(B) to input information regarding missing 14
persons cases of interest to Indian Tribes, un-15
claimed human remains cases of interest to In-16
dian Tribes, and unidentified remains cases of 17
interest to Indian Tribes into the National 18
Missing and Unidentified Persons System and 19
the Missing Persons File in the National Crime 20
Information Center; 21
(2) to establish a State or regional commission 22
to respond to, and to improve coordination between 23
Federal law enforcement agencies, and Tribal, State, 24
and local law enforcement agencies of the investiga-25
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tion of, missing persons cases of interest to Indian 1
Tribes, sexual violence cases of interest to Indian 2
Tribes, and death investigations of interest to Indian 3
Tribes; and 4
(3) to document, develop, and disseminate re-5
sources for the coordination and improvement of the 6
investigation of missing persons cases of interest to 7
Indian Tribes, sexual violence cases of interest to In-8
dian Tribes, and death investigations of interest to 9
Indian Tribes, including to develop local or statewide 10
rapid notification or communication systems for 11
alerts and other information relating to those cases. 12
(d) A
UTHORIZATION OFAPPROPRIATIONS.—There is 13
authorized to be appropriated to carry out the grant pro-14
gram established under subsection (a)(1) $1,000,000 for 15
each of fiscal years 2026 through 2030. 16
SEC. 203. GAO STUDY ON FEDERAL LAW ENFORCEMENT 17
AGENCY EVIDENCE COLLECTION, HANDLING, 18
AND PROCESSING. 19
(a) I
NGENERAL.—The Comptroller General of the 20
United States shall conduct a study— 21
(1) on the evidence collection, handling, re-22
sponse times, and processing procedures and prac-23
tices of the Office of Justice Services of the Bureau 24
of Indian Affairs and the Federal Bureau of Inves-25
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tigation in exercising jurisdiction over crimes involv-1
ing Indians or committed in Indian country; 2
(2) on barriers to evidence collection, handling, 3
response times, and processing identified by the 4
agencies referred to in paragraph (1); 5
(3) on the views of law enforcement officials at 6
the agencies referred to in paragraph (1) and their 7
counterparts within the Offices of the United States 8
Attorneys concerning any relationship between— 9
(A) the barriers identified under paragraph 10
(2); and 11
(B) United States Attorneys declination 12
rates due to insufficient evidence; and 13
(4) that includes a description of barriers to 14
evidence collection, handling, response times, and 15
processing identified and faced by— 16
(A) Tribal law enforcement agencies; and 17
(B) State and local law enforcement agen-18
cies that exercise jurisdiction over Indian coun-19
try. 20
(b) R
EPORT.—Not later than 18 months after the 21
date of enactment of this Act, the Comptroller General 22
of the United States shall submit to the Committees on 23
Indian Affairs, the Judiciary, and Appropriations of the 24
Senate and the Committees on Natural Resources, the Ju-25
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diciary, and Appropriations of the House of Representa-1
tives a report describing the results of the study conducted 2
under subsection (a). 3
SEC. 204. BUREAU OF INDIAN AFFAIRS AND TRIBAL LAW 4
ENFORCEMENT OFFICER COUNSELING RE-5
SOURCES INTERDEPARTMENTAL COORDINA-6
TION. 7
The Secretary of Health and Human Services and the 8
Attorney General shall coordinate with the Director— 9
(1) to ensure that Federal training materials 10
and culturally appropriate mental health and 11
wellness programs are locally or regionally available 12
to law enforcement officers working for the Office of 13
Justice Services of the Bureau of Indian Affairs or 14
an Indian Tribe; and 15
(2) to determine whether law enforcement agen-16
cies operated by the Office of Justice Services of the 17
Bureau of Indian Affairs and Indian Tribes are eli-18
gible to receive services under— 19
(A) the Law Enforcement Assistance Pro-20
gram of Federal Occupational Health of the 21
Department of Health and Human Services; or 22
(B) any other law enforcement assistance 23
program targeted to meet the needs of law en-24
forcement officers working for law enforcement 25
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agencies operated by the Federal Government 1
or an Indian Tribe. 2
Æ
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