BADGES for Native Communities Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 390 Engrossed in Senate (ES)]
<DOC>
119th CONGRESS
1st Session
S. 390
_______________________________________________________________________
AN ACT
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,

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(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:

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TITLE I

-BRIDGING AGENCY DATA GAPS

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enforcement employment background checks.

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TITLE II

-ENSURING SAFETY FOR NATIVE COMMUNITIES

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counseling resources interdepartmental
coordination.

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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.

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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.

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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.

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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.

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(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.

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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).

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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.
Passed the Senate December 11, 2025.
Attest:
Secretary.
119th CONGRESS
1st Session
S. 390
_______________________________________________________________________
AN ACT
To require Federal law enforcement agencies to report on cases of
missing or murdered Indians, and for other purposes.

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BADGES for Native Communities Act — S. 390

Other Sections

TITLE I

TITLE II

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