BADGES for Native Communities Act
- Bill Number
- S. 390
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Native Americans
- Status
- Passed Senate
- Latest Action
- 2025-12-15: Held at the desk.
- Last Updated
- 2026-04-08T15:34:30Z
AI-Generated Summary
Purpose
The Bridging Agency Data Gaps and Ensuring Safety for Native Communities Act (BADGES for Native Communities Act) aims to improve the reporting, investigation, and resolution of missing persons, unidentified remains, and violent crimes affecting Native American communities. It focuses on enhancing data sharing among federal, tribal, state, and local agencies, addressing staffing shortages in law enforcement, and providing grants and resources to support safety in Indian country (lands under tribal or federal jurisdiction for Native Americans).
Key Provisions
- Definitions (Section 2): Establishes clear terms like "Indian country," "missing persons case of interest to Indian Tribes" (cases involving missing Native Americans or those near tribal lands), "death investigation of interest to Indian Tribes," and "Federal law enforcement agency" (including the Bureau of Indian Affairs' Office of Justice Services, FBI, and others with jurisdiction in Indian country).
- Title I: Bridging Agency Data Gaps
- National Missing and Unidentified Persons System Tribal Facilitator (Section 101): Requires the Attorney General to appoint one or more Tribal facilitators to coordinate reporting of missing persons, unclaimed remains, and unidentified remains cases relevant to tribes. Duties include consulting with tribes, providing training to tribal officials and law enforcement, and building relationships with federal agencies like the FBI. Annual reports to Congress and public transparency on activities for three years.
- Report on Indian Country Law Enforcement Personnel Resources and Need (Section 102): Amends existing law to require the Bureau of Indian Affairs to list unmet needs for staffing, facilities, and technology in tribal justice agencies. Mandates annual Department of Justice reports on staffing levels, turnover, vacancies, and hiring strategies for investigations in Indian country. Directs a Government Accountability Office (GAO) study on unmet staffing needs within 18 months.
- Title II: Ensuring Safety for Native Communities
- Demonstration Program on Bureau of Indian Affairs Law Enforcement Employment Background Checks (Section 201): Creates a five-year pilot program for the Secretary of the Interior to conduct or review background checks and security clearances for Bureau of Indian Affairs (BIA) law enforcement hires, in coordination with tribes and states. These checks can satisfy federal requirements. Requires a report after three years on program effectiveness, costs, and potential reauthorization.
- Missing or Murdered Response Coordination Grant Program (Section 202): Establishes a grant program through the Department of Justice's Office of Justice Programs for tribes, tribal organizations, or state-tribal consortia to fund: (1) centers for tracking missing persons, sexual violence, and death cases; (2) commissions to improve multi-agency coordination; and (3) resources like alert systems. States must report data to national databases and have agreements with tribes. Authorizes $1 million annually from fiscal years 2026 to 2030.
- GAO Study on Federal Law Enforcement Agency Evidence Collection, Handling, and Processing (Section 203): Requires a GAO study on evidence practices, barriers, and their link to case declinations (when prosecutors drop cases due to lack of evidence) by the BIA and FBI. Includes input from tribal, state, and local agencies. Report due within 18 months.
- Bureau of Indian Affairs and Tribal Law Enforcement Officer Counseling Resources Interdepartmental Coordination (Section 204): Directs the Secretaries of Health and Human Services and Interior, plus the Attorney General, to ensure access to mental health training and programs for BIA and tribal officers, including eligibility for federal assistance like the Law Enforcement Assistance Program.
Significant Changes to Existing Law
- Amends Section 3(c)(16) of the Indian Law Enforcement Reform Act (25 U.S.C. 2802) to expand reporting on unmet needs beyond basic staffing to include corrections facilities, infrastructure, and technology gaps in tribal and BIA justice systems.
- Introduces new requirements for annual Department of Justice staffing reports and GAO studies, building on prior reports under the same Act but adding details on turnover, experience, and strategic hiring.
- No major overhauls to core laws but adds mechanisms like the Tribal facilitator role and grant program to existing systems such as the National Missing and Unidentified Persons System and National Crime Information Center.
Potential Impacts
- Government Agencies: Federal agencies (e.g., DOJ, BIA, FBI) will face increased reporting and coordination duties, potentially leading to better resource allocation but also administrative burdens. The grant program could distribute funds to improve tribal and state capabilities, while the background check pilot may speed up BIA hiring.
- Citizens: Native Americans, especially in tribal communities, may benefit from faster resolution of missing persons and violent crime cases, reduced barriers to justice, and enhanced officer wellness, potentially lowering violence rates and improving trust in law enforcement.
- International Relations: Minimal direct impact, though improved handling of cases involving Alaska Native Villages (treated as tribal areas) could indirectly support U.S. commitments to indigenous rights under international agreements like the UN Declaration on the Rights of Indigenous Peoples.
Main Stakeholders Affected
- Indian Tribes and Tribal Organizations: Primary beneficiaries through facilitators, grants, training, and coordination to address missing and murdered cases.
- Federal Law Enforcement Agencies: BIA, FBI, DOJ components (e.g., U.S. Attorneys), required to report data, participate in studies, and improve evidence practices.
- State and Local Governments: Eligible for grants in partnership with tribes; must enhance data sharing and evidence handling in areas overlapping Indian country.
- Native Community Members: Victims, families, and urban Native organizations gain from better tracking, alerts, and mental health support for officers.
- Relevant Organizations: Groups focused on violence against Native people, human trafficking, and tribal justice systems, involved in consultations and grant activities.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens federal-tribal partnerships under the Indian Self-Determination and Education Assistance Act by mandating consultations and data sharing, potentially reducing jurisdictional overlaps in Indian country (where federal and tribal laws intersect). The grant program's memoranda of understanding could clarify authority in cross-jurisdictional cases.
- Constitutional: Aligns with the federal trust responsibility to tribes (rooted in treaties and Supreme Court precedents like Worcester v. Georgia), promoting tribal sovereignty in justice matters without infringing on it. No direct challenges to separation of powers, as it directs executive agencies without mandating congressional funding beyond authorizations.
- Political: Addresses long-standing concerns about under-resourcing in Indian country, highlighted in reports on missing and murdered Indigenous people (MMIP). Could foster bipartisan support for tribal issues but may spark debates on federal spending and agency accountability, especially with GAO oversight to evaluate effectiveness.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Sen. Cortez Masto, Catherine [D-NV]
Cosponsors (3)
Sen. Hoeven, John [R-ND], Sen. Gallego, Ruben [D-AZ], Sen. Rounds, Mike [R-SD]
Recent Actions
- 2025-12-15: Held at the desk.
- 2025-12-15: Received in the House.
- 2025-12-15: Message on Senate action sent to the House.
- 2025-12-11: Passed Senate without amendment by Unanimous Consent. (consideration: CR S8685; text: CR S8685-8687)
- 2025-12-11: Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.
- 2025-07-31: Placed on Senate Legislative Calendar under General Orders. Calendar No. 138.
- 2025-07-31: Committee on Indian Affairs. Reported by Senator Murkowski without amendment. With written report No. 119-53.
- 2025-07-31: Committee on Indian Affairs. Reported by Senator Murkowski without amendment. With written report No. 119-53.
- 2025-03-05: Committee on Indian Affairs. Ordered to be reported without amendment favorably.
- 2025-02-04: Read twice and referred to the Committee on Indian Affairs.
- 2025-02-04: Introduced in Senate
Bill Versions
- Bridging Agency Data Gaps and Ensuring Safety for Native Communities Act — issued 2025-12-11 — PDF (24 pages)
- Bridging Agency Data Gaps and Ensuring Safety for Native Communities Act — issued 2025-02-04 — PDF (23 pages)
- Bridging Agency Data Gaps and Ensuring Safety for Native Communities Act — issued 2025-07-31 — PDF (24 pages)