S 390 · 119th Congress

BADGES for Native Communities Act

missing and murdered Indigenous peopletribal law enforcementNative American public safetyfederal grant programstribal communities
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Last action 2025-12-15

Sponsored by Sen. Cortez Masto, Catherine [D-NV] (D) — NV

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Would address the crisis of missing and murdered Native Americans by requiring new federal reporting on Indian country law enforcement staffing, appointing tribal facilitators for the national missing persons database, and creating a grant program to improve tribal and state coordination on missing persons and death investigations.

The bill would also launch a five-year demonstration program to speed up background checks for Bureau of Indian Affairs law enforcement applicants and commission multiple Government Accountability Office studies — filling long-identified data gaps and administrative bottlenecks that hamper justice in tribal communities.

What this bill would do

What it would do

The bill would take several steps to improve federal and tribal responses to missing, murdered, and unidentified Native Americans. The Attorney General would appoint one or more tribal facilitators for the National Missing and Unidentified Persons System to coordinate reporting, provide technical assistance to tribes and tribal organizations, and improve data tracking. The Department of Justice would submit annual reports to Congress detailing staffing levels, vacancies, and hiring strategies for each DOJ law enforcement agency working criminal cases in Indian country. The Department of the Interior would run a five-year demonstration program allowing it to conduct or adjudicate background investigations for BIA law enforcement applicants rather than relying solely on the current federal process. A new DOJ grant program would fund tribes, tribal organizations, and states to build coordination centers, establish inter-agency commissions, and develop rapid-alert systems for missing persons and death investigation cases.

The bill would also direct DOJ and the Department of Health and Human Services to coordinate to make culturally appropriate mental health and wellness programs available to BIA and tribal law enforcement officers. Two separate GAO studies would examine evidence collection and handling practices of federal agencies in Indian country, and staffing shortfalls at DOJ Indian country law enforcement units.

Key provisions

  1. 1Would direct the Attorney General to appoint tribal facilitators for the National Missing and Unidentified Persons System to coordinate data reporting, provide technical assistance to tribes, and improve tracking of missing persons and unidentified remains cases.Sec. 101
  2. 2Would require each DOJ law enforcement agency with Indian country responsibilities to submit annual reports detailing staffing levels, vacancies, turnover rates, and hiring strategies for Indian country criminal investigations and prosecutions.Sec. 102
  3. 3Would require the Government Accountability Office to review DOJ staffing shortfalls in Indian country law enforcement units and report findings and recommendations to Congress.Sec. 102
  4. 4Would direct the Department of the Interior to establish a five-year demonstration program allowing it to conduct and adjudicate personnel background investigations for BIA law enforcement applicants, potentially expediting the hiring process.Sec. 201
  5. 5Would create a DOJ grant program, funded at $1 million per year through FY2030, for tribes, tribal organizations, and state-tribal consortia to build coordination centers, commissions, and rapid-alert systems for missing persons and death investigations.Sec. 202
  6. 6Would require the GAO to study evidence collection, handling, and processing practices of BIA and FBI in Indian country, including barriers that contribute to U.S. Attorneys declining cases due to insufficient evidence.Sec. 203
  7. 7Would require the Attorney General and HHS Secretary to coordinate with BIA to ensure culturally appropriate mental health and wellness programs are available to tribal and BIA law enforcement officers.Sec. 204

Who would be affected

Tribal nations and tribal organizations eligible to apply for the new coordination grants; Bureau of Indian Affairs law enforcement applicants who would move through a potentially faster background check process; BIA and tribal law enforcement officers who would gain access to mental health and wellness resources; families of missing or murdered Native Americans who depend on improved tracking and coordination; and DOJ and Interior agencies that would face new reporting and administrative responsibilities.

Why it matters

Native American communities experience disproportionately high rates of missing persons, homicides, and unresolved cases. If enacted, the bill would create new federal infrastructure — facilitators, grants, reporting mandates, and interagency coordination — to address data gaps and administrative barriers that advocates and investigators say have allowed cases to go unresolved. The GAO studies could also provide a fact-based foundation for future legislative action.

What would change

Changes to existing law

Amends Indian Law Enforcement Reform Act (25 U.S.C. 2802(c)(16)) (Sec. 102)

Expands the required list of unmet needs in BIA reports to cover staffing, corrections facility repair, tribal police and court infrastructure, and public safety communications and technology needs.

Agencies directed to act

Department of JusticeOffice of Justice ProgramsNational Institute of JusticeFederal Bureau of InvestigationBureau of Indian AffairsOffice of Justice Services of the Bureau of Indian AffairsDepartment of the InteriorDepartment of Health and Human ServicesGovernment Accountability OfficeOffice of Personnel Management

Effective dates

  • Annual reports by Attorney General on tribal facilitator activities, covering a three-year windowSec. 101Upon enactment
  • GAO report on federal law enforcement evidence collection and handling in Indian countrySec. 203Within 18 months of enactment
  • Interior Department report to Congress on the BIA background check demonstration programSec. 201Within 3 years of the demonstration program's establishment
  • BIA background check demonstration program sunsetSec. 2015 years after commencement of the demonstration program

Funding and costs

  • $1,000,000FY2026-FY2030

    Annual grants for tribal and state coordination on missing persons, sexual violence, and death investigation cases of interest to Indian tribesSec. 202

Congressional Budget Office estimate

CBO estimates S. 390 would cost $10 million over the 2025–2030 period in discretionary spending subject to appropriation, with no effect on direct spending, revenues, or the deficit.

CBO estimates that implementing the BADGES for Native Communities Act would cost $10 million over the 2025–2030 period, all of it discretionary spending (meaning it requires future congressional appropriations to take effect) — with zero effect on direct (mandatory) spending, revenues, or the federal deficit. The main cost drivers are: $5 million for grants to tribal governments to investigate missing persons cases and improve law enforcement coordination; $2 million for DOJ to appoint a tribal facilitator and meet new reporting requirements; $2 million for the Bureau of Indian Affairs to conduct background checks for law enforcement positions; and $1 million for a Government Accountability Office study on evidence-handling practices. CBO found that the bill contains no intergovernmental or private-sector mandates as defined under the Unfunded Mandates Reform Act.

View the full CBO cost estimate

How implementation would work

The Attorney General would appoint tribal facilitators for the national missing persons database and submit annual public and congressional reports on their activities for three years. DOJ agencies would submit annual staffing reports, and the GAO would review those findings within 18 months of the first report. Interior would stand up the background-check demonstration program and report to Congress at the three-year mark. The Office of Justice Programs would administer the coordination grants, with Indian tribes, tribal organizations, and state-tribal consortia as eligible recipients; states must demonstrate they report to national crime databases or plan to do so. HHS and DOJ would coordinate to assess and expand mental health program eligibility for tribal and BIA officers.

Legislative status & sources

Latest action

Held at the desk.

2025-12-15

Official CRS summary

Show the CRS summary

This bill revises federal policies and procedures related to information sharing, reporting, and investigating cases of missing, unidentified, or murdered Indians.

Among other elements, the bill requires the Department of Justice to (1) establish a grant program for specified entities (e.g., tribes) to implement changes to enhance their responses to missing person cases and death investigations of interest to tribes, and (2) work with the Department of Health and Human Services to ensure that federal training resources and culturally appropriate mental health and wellness programs are available to tribal and Bureau of Indian Affairs (BIA) law enforcement officers.

The Department of the Interior must establish a five-year demonstration program for the purpose of conducting or adjudicating personnel background investigations for applicants for law enforcement positions in the BIA.

The bill also requires the Government Accountability Office to conduct specified studies, including a study on the evidence collection, handling, response times, and processing procedures and practices of federal law enforcement agencies.

From the Congressional Research Service.

Legislative subjects

Congressional oversight; Criminal justice information and records; Data collection, sharing, protection; Employment and training programs; Government information and archives; Government studies and investigations; Indian social and development programs; Intergovernmental relations; Law enforcement administration and funding; Missing persons; Native Americans; Personnel records

Committee report

S. Rept. 119-53

Congressional Bill

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S 390: BADGES for Native Communities Act | Legislation Reporter