[Senate Report 119-53]
[From the U.S. Government Publishing Office]
Calendar No. 138
119th Congress } { Report
SENATE
1st Session } { 119-53
=======================================================================
BRIDGING AGENCY DATA GAPS AND ENSURING SAFETY
(BADGES) FOR NATIVE COMMUNITIES ACT
------------
July 31, 2025.--Ordered to be printed
------------
Ms. Murkowski, from the Committee on Indian Affairs,
submitted the following
R E P O R T
[To accompany S. 390]
The Committee on Indian Affairs, to which was referred the
bill (S. 390), to require Federal law enforcement agencies to
report on cases of missing or murdered Indians, and for other
purposes, having considered the same, reports favorably thereon
without amendment, and recommends that the bill do pass.
PURPOSE
The purpose of S. 390 is to improve public safety and
justice in Indian country by improving data collection and
sharing between Tribal, federal, state and local law
enforcement agencies, addressing barriers to investigating
missing and murdered Indigenous persons, and addressing federal
inefficiencies in background checks to expedite and streamline
the hiring process of Bureau of Indian Affairs (BIA) and Tribal
law enforcement agencies to help with recruitment and retention
in Indian Country.
BACKGROUND AND NEED
At least 240 Tribes directly operate their own police
departments to provide public safety services to their
communities,\1\ while others rely on federally-operated BIA
police departments or state and local law enforcement agencies
(LEAs) pursuant to P.L. 83-280.\2\ This complicated law
enforcement network makes collecting and sharing criminal
justice data in Indian country challenging. For example,
criminal case information is fragmented and compartmentalized
between different LEA data systems, particularly federal LEA
systems such as the National Crime Information Center (NCIC),
which is operated by the Federal Bureau of Investigation (FBI),
and the National Missing and Unidentified Persons System
(NamUs), which is operated by the National Institute of Justice
(NIJ).\3\ While the databases are not prohibited from
communicating with one another for cases of missing adults and
children following enactment of Help Find the Missing Act
(``Billy's Law'')\4\ in 2022, participation in these two
reporting systems is optional, creating data gaps and access
issues for federal, Tribal, state and local LEAs.\5\ Further,
only Tribes participating in the Tribal Access Program have
access to these systems.\6\ As such, LEAs may be unable to
access missing persons case information pertaining to Tribal
members, for cases occurring on Tribal lands, or for cases of
interest to Tribes.
---------------------------------------------------------------------------
\1\Tribal Law Enforcement, Bureau of Justice Statistics, https://
bjs.ojp.gov/topics/tribal-crime-and-justice/tribal-law-enforcement
(last visited Oct. 18, 2024).
\2\Commonly referred to as ``Public Law 280,'' this law transferred
federal criminal and civil jurisdiction over federal Indian lands to
the state governments of California, Minnesota, Nebraska, Oregon,
Wisconsin, and Alaska (mandatory states), with certain exemptions for
three Reservations, and allowed other states to acquire jurisdiction at
their option. States that opted in include Arizona, Florida, Idaho,
Iowa, Montana, Nevada, North Dakota, South Dakota, Utah, and
Washington.
\3\For example, Congress passed the Fix NICS Act as part of the
Consolidated Appropriations Act, 2018 to require state and Tribal
government to report to the federal criminal background check database.
34 U.S.C. Sec. 40901(b)(1). Prior to that, Congress enacted the
National Child Search Assistance Act of 1990 which requires state,
local, and federal law enforcement agencies to immediately input
information about abducted children into the FBI's National Crime
Information Center. 34 U.S.C. Sec. 41307.
\4\Help Find the Missing Act, Pub. L. No. 117-348, Sec. 2, 136
Stat. 6115 (2022) (``Billy's Law'').
\5\While Billy's Law requires data sharing, it does not address the
legal entanglements of sharing law enforcement-sensitive data and
technology, data validation, and data ownership challenges. Not
Invisible Act Comm'n, Not One More: Findings and Recommendations
(2023).
\6\There are currently 149 Tribes and over 460 tribal government
agencies participating in TAP. Tribal Access Program (TAP), U.S.
DEPARTMENT OF JUSTICE, https://www.justice.gov/tribal/tribal-access-
program-tap (last accessed on Jun. 10, 2025).
---------------------------------------------------------------------------
Hiring law enforcement officers requires thorough
background checks and security clearances, which can be slow
and cumbersome, especially when the BIA must rely on the Office
of Personnel Management to conduct the required background
checks for federal employment.\7\ The lengthy and complex
hiring processes for federal law enforcement can discourage
applicants and can leave law enforcement positions unfilled for
months or years. Improving the hiring processes by streamlining
the background check process would help as part of a multi-
faceted approach to increase recruitment and retention of law
enforcement across Indian country. S. 390 authorizes the BIA,
through its Office of Justice Services (OJS), to carry out a
demonstration program to conduct background investigations and
security clearance determinations for BIA law enforcement
positions. Currently, BIA OJS is authorized under the Tribal
Law and Order Act\8\ to conduct background checks for only
Tribal law enforcement and corrections officers upon request
from a Tribe with a 638 self-determination contract or self-
governance compact under the Indian Self-Determination and
Education Assistance Act (ISDEAA).
---------------------------------------------------------------------------
\7\25 CFR 63.16.
\8\Tribal Law and Order Act of 2010, Pub. L. No. 111-211, tit. II,
Sec. 231(a)(4)(A), 124 Stat. 2261, 2273 (2010) (codified at 25 U.S.C.
Sec. 2802(e)(4)(A) (2022)).
---------------------------------------------------------------------------
SUMMARY
S. 390 directs the Department of Justice (DOJ) to appoint
Tribal facilitators to assist with NamUS navigation and
outreach; updates the federal reporting requirement under the
annual unmet staffing needs report to Congress required by the
Indian Law Enforcement Reform Act, as amended by the Tribal Law
and Order Act of 2010 (TLOA); authorizes a five-year
demonstration program allowing the BIA to conduct its own
background checks for BIA law enforcement officers; creates a
$5 million five-year grant program at the DOJ to enhance
responses to missing persons cases, sexual violence cases, and
death investigations of interest to Tribes; requires the
Government Accountability Office (GAO) to conduct a review of
unmet staffing identified by DOJ law enforcement agencies
tasked with work on Indian Country cases and a study on
evidence collection, handling, and processing practices
pertaining to criminal cases in Indian Country; and improves
interagency coordination and availability of federal training
resources and mental health and wellness programs to BIA and
Tribal law enforcement officers.
COMMITTEE RECOMMENDATION
The Senate Committee on Indian Affairs in an open business
meeting on March 5, 2025, by a majority voice vote of a quorum
present, recommends that the Senate pass S. 390.
SECTION-BY-SECTION ANALYSIS
Section 1--Short title; Table of Contents
This section sets forth the short title as the ``Bridging
Agency Data Gaps and Ensuring Safety (BADGES) for Native
Communities Act,'' and sets forth the table of contents.
Section 2--Definitions
This section sets forth the definitions used in the bill.
TITLE I--BRIDGING AGENCY DATA GAPS
Section 101--National Missing and Unidentified Persons System Tribal
facilitator
Section 101(a) directs the Attorney General to appoint one
or more Tribal facilitators for the National Missing and
Unidentified Persons System (NamUs).
Section 101(b) outlines core duties of Tribal facilitators,
including:
coordinating the reporting of information
relating to missing and murdered persons cases of
interest to Tribes;
consulting and coordinating with Tribes and
relevant Tribal organizations to address reporting and
data collection on cases of interest to Tribes;
developing relationships and maintaining
communication with relevant Tribal organizations;
providing technical assistance and training
to Tribes, relevant Tribal organizations, and others
regarding NamUS and working with non-Tribal law
enforcement to report cases to NamUS;
coordinating with the Office of Tribal
Justice, Office of Justice Services of the BIA, the
Executive Office for U.S. Attorneys, the FBI, state
LEAs, and the National Indian Country Training
Initiative; and
conducting other training and information
gathering to improve the resolution of missing persons
cases of interest to Tribes.
Section 101(c) requires the Attorney General, acting
through the Director of the National Institute of Justice, to
submit to Congress an annual report and publish online publicly
accessible information describing the activities and
accomplishments of Tribal facilitators for the 3-year period
following the date of enactment of this bill, and specifies the
contents of such annual reports and online publications.
Section 102--Report on Indian country law enforcement personnel
resources and need
Section 102(a) amends the Indian Law Enforcement Reform Act
to expand the information required in the BIA's annual report
(TLOA report) to Congress to include:
unmet staffing needs of criminal
investigators, medical examiners, coroners, forensic
technicians, indigent defense staff, crime victim
services staff, and prosecution staff at Tribal and BIA
agencies, including the Missing and Murdered Unit of
the Office of Justice Services of the BIA;
replacement and infrastructure needs of
Tribal and BIA corrections facilities;
infrastructure and capital needs for Tribal
police and court facilities (including evidence storage
and processing); and
public safety and emergency communications
and technology needs (including equipment and internet
capacity).
Section 102(b) defines the term ``Department of Justice law
enforcement agency'' to include the FBI, DEA, U.S. Marshals
Service, Bureau of Alcohol, Tobacco, Firearms and Explosives,
and the Offices of the United States Attorneys and directs the
Attorney General to submit to Congress a report each fiscal
year detailing:
the number and percentage of full-time
employees at each DOJ agency assigned to work on
criminal investigations and prosecutions in Indian
Country;
the turnover rate during the 5-year period
preceding the report of these full time-employees;
the average years of experience of these
full-time employees;
the number of vacant positions with
responsibilities for criminal investigations and
prosecutions;
an identification of expertise and skills
necessary to achieve DOJ's goals relating to public
safety in Indian Country;
an estimate of the number of employees
needed with specific skills; and
a list of measures identified to indicate
whether and how DOJ plans to execute its hiring,
retention, and training strategies.
This section also requires the GAO to conduct and submit to
Congress a review of unmet staffing needs of DOJ law
enforcement agencies tasked with criminal investigations and
prosecutions in Indian Country within 18 months of submission
of the Attorney General's report to Congress.
TITLE II--ENSURING SAFETY FOR NATIVE COMMUNITIES
Section 201--Demonstration Program on Bureau of Indian Affairs Law
Enforcement Employment Background Checks
Section 201(a)-(b) directs the Secretary to establish a
five-year demonstration program at the BIA to conduct its own
background checks for law enforcement officer applicants and
ensures such background checks performed by the BIA meet the
requirements of the Office of Personnel Management (OPM) or
another federal agency.
Section 201(c) requires the Secretary of the Interior to
submit a report to Congress on the demonstration program within
three years of the date on which the program is established,
detailing recommendations for the program and whether the
program sho
checks, costs, processing times, and agreements with non-
federal entities.
Section 202--Missing or Murdered Response Coordination Grant Program
Section 202(a)-(d) establishes a grant program and
describes eligible activities to support states, Tribes, and
Tribal organizations, to coordinate efforts related to missing
and murdered persons cases and sexual violence cases; and
authorizes $1 million for each of fiscal years 2026 through
2030 for the grant program.
Section 203--GAO Study on Federal Law Enforcement Agency Evidence
Collection, Handling, and Processing
Section 203(a)-(b) requires the GAO to report to Congress,
within 18 months of enactment of the Act, on BIA and FBI
federal law enforcement evidence collection, handling, response
times, and processing practices pertaining to criminal cases
involving Tribal members in Indian Country.
Section 204--Bureau of Indian Affairs and Tribal Law Enforcement
Officer Counseling Resources Interdepartmental Coordination
This section requires the Secretary of Health and Human
Services (HHS) and the Attorney General to coordinate with the
BIA Office of Justice Services to ensure training and
culturally appropriate mental health and wellness programs are
locally and regionally available and to determine the
eligibility of BIA and Tribal LEAs to receive services under
HHS and other federal law enforcement assistance programs.
LEGISLATIVE HISTORY
S. 390 was introduced by Senators Cortez Masto and Hoeven
with Senators Gallego and Rounds as original cosponsors on
February 4, 2025.
An identical companion bill, H.R. 1010, was introduced by
Representatives Leger Fernandez (D-NM), Newhouse (R-WA), and
Sharice (D-KS) in the House of Representatives on February 5,
2025. The House referred the bill to the Judiciary Committee,
to the Committee on Energy and Commerce, to the Committee on
Natural Resources, and to the Oversight and Government Reform
Committee.
In the 118th Congress, a similar bill, S. 465, was
introduced by Senators Cortez Masto and Hoeven on February 16,
2024. Senator Rounds later joined as a cosponsor. The Committee
held a hearing on S. 465 on May 1, 2024 (S. Hrg. 118-406). The
Committee, in an open business meeting on September 25, 2024,
by a majority voice vote of a quorum present, ordered S. 465,
favorably reported, with an amendment in the nature of a
substitute, by voice vote (S. Rept. 118-244). The Senate passed
S. 465, as amended, by voice vote on December 16, 2024.
A companion bill, H.R. 1292, was introduced by
Representatives Gallego (D-AZ), Davids (D-KS), and Newhouse (R-
WA) in the House of Representatives on March 1, 2023.
Representatives Kilmer (D-WA), Cole (R-OK), and Molinaro (R-NY)
later joined as cosponsors. On March 1, 2023, the House
referred the bill to the Judiciary Committee, to the Committee
on Energy and Commerce, to the Committee on Natural Resources,
and to the Oversight and Accountability Committee. On March 10,
2023, the bill was further referred to the House Energy and
Commerce Subcommittee on Health. On March 22, 2023, the bill
was further referred to the House Natural Resources
Subcommittee on Indian and Insular Affairs.
COST AND BUDGETARY CONSIDERATIONS
The Committee has requested, but has not yet received, the
Congressional Budget Office's estimate of the cost of S. 390 as
ordered reported. When the Congressional Budget Office
completes its cost estimate, it will be posted on the Internet
at www.cbo.gov, and printed in the Congressional Record.
REGULATORY AND PAPERWORK IMPACT STATEMENT
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires each report accompanying a bill to evaluate the
regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee believes that S. 390, as
reported, will have minimal impact on regulatory or paperwork
requirements.
EXECUTIVE TESTIMONY AND COMMUNICATIONS
The testimony provided by the U.S. Department of the
Interior from the May 1, 2024 hearing on S.465 follows:
Good afternoon, Chairman Schatz, Vice Chairman Murkowski,
and members of the Committee. My name is Bryan Newland, and I
am the Assistant Secretary for Indian Affairs at the Department
of the Interior (Department). Thank you for the opportunity to
present testimony on S. 465, ``Bridging Agency Data Gaps and
Ensuring Safety (BADGES) for Native Communities Act'' . . .
S. 465, Bridging Agency Data Gaps and Ensuring Safety (BADGES) for
Native Communities Act
Section 102 would amend the annual reporting requirements
concerning unmet BIA and Tribal staffing needs under the Indian
Law Enforcement Reform Act, as amended by the Tribal Law and
Order Act (25 U.S.C. Sec. 2802(c)(16)(C)), to include criminal
investigators, medical examiners, coroners, and forensic
investigators. Section 102 would also add infrastructure and
capital needs for Tribal police and court facilities, including
evidence storage and processing, to the required data for the
annual report.
Section 201 would establish a five-year demonstration
program that allows the Secretary, in coordination with the
Director of BIA, to conduct or adjudicate personnel background
investigations and security clearances for BIA law enforcement
officers (LEOs). The BIA OJS currently assists Indian Tribes in
conducting background investigations for Tribal LEOs and
welcomes the demonstration program as it would assist BIA in
eliminating one of the biggest obstacles to recruitment--the
lengthy background investigation process--and result in the
expedited hiring of qualified LEOs. The Department strongly
supports this provision.
Section 204, titled ``BIA and Tribal Law Enforcement
Officer Counseling Resources Interdepartmental Coordination,''
would require the Secretary of Health and Human Services, the
Attorney General, and the Director of BIA OJS to ensure that
Federal training materials and mental health wellness programs
are available for Indian Country LEOs. These much-needed
resources would help ensure that BIA and Tribal LEOs have
access to the mental health resources they need when they
experience occupational stress.
The Department supports the goals of S. 465 as they align
with important Administration priorities of improving public
safety and justice in Indian Country. The Department defers to
the Department of Justice on provisions pertaining to its
programs . . .
Conclusion
Chairman Schatz, Vice Chairman Murkowski, and members of
the Committee, thank you for the opportunity to provide the
Department's views.
changes in existing law
In the opinion of the Committee, it is necessary to
dispense with subsection 12 of rule XXVI of the Standing Rules
of the Senate to expedite the business of the Senate.
[all]