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S. 390, BADGES for Native Communities Act

Bill Summary

S. 390 would authorize programs to improve coordination between federal law enforcement agencies within the Department of Justice (DOJ) and the Bureau of Indian Affairs (BIA) and their counterparts in tribal governments. The bill would require additional reporting and would authorize grants to improve tribal law enforcement agencies’ capacity to hire more officers and respond to cases of missing and murdered Indians.

Estimated Federal Cost

The estimated budgetary effect of S. 390 is shown in Table 1. The costs of the legislation fall within budget functions 450 (community and regional development) and 750 (administration of justice).

Table 1.

Estimated Increases in Spending Subject to Appropriation Under S. 390

 

By Fiscal Year, Millions of Dollars

 
 

2025

2026

2027

2028

2029

2030

2025-2030

Tribal Facilitator and Reporting

             

Estimated Authorization

0

1

*

1

*

*

2

Estimated Outlays

0

1

*

1

*

*

2

BIA Law Enforcement Demonstration Program

             

Estimated Authorization

0

*

*

*

1

1

2

Estimated Outlays

0

*

*

*

1

1

2

Grant Program

             

Authorization

0

1

1

1

1

1

5

Estimated Outlays

0

1

1

1

1

1

5

GAO Study

             

Estimated Authorization

0

*

1

0

0

0

1

Estimated Outlays

0

*

1

0

0

0

1

Total Changes

             

Estimated Authorization

0

2

2

2

2

2

10

Estimated Outlays

0

2

2

2

2

2

10

BIA = Bureau of Indian Affairs; GAO = Government Accountability Office; * = between zero and $500,000.

Basis of Estimate

For this estimate, CBO assumes that S. 390 will be enacted near the end of fiscal year 2025. Estimated outlays are based on historical spending patterns for similar programs and activities and on CBO’s analysis of information provided by federal agencies. CBO estimates that implementing S. 390 would cost $10 million over the 2025-2030 period. Any related spending would be subject to the availability of appropriated funds.

Tribal Facilitator and Reporting

S. 390 would require DOJ to appoint a tribal facilitator to consult with Indian tribes and coordinate with federal law enforcement agencies to investigate cases of missing, unidentified, or murdered Indians. The bill also would require BIA to provide additional information in their annual reports about unmet BIA and tribal staffing, infrastructure, and capital needs for tribal police and court facilities. DOJ also would be required to report annually on their work in Indian country. Using information from the agencies, CBO estimates that implementing those requirements would cost $2 million over the 2025-2030 period.

BIA Law Enforcement Demonstration Program

The bill would authorize BIA to conduct background checks and make security clearance determinations for law enforcement positions within the bureau for five years. Using information from BIA, CBO expects that the agency would need four employees to conduct background checks at an average annual cost of about $120,000 per employee. On that basis, CBO estimates that implementing that provision would cost $2 million over the 2025-2030 period.

Coordination Grants

S. 390 would authorize the appropriation of $1 million annually over the 2026-2030 period for DOJ to make grants to tribal governments to investigate missing persons cases, input information into missing persons and crime information systems, and improve coordination among law enforcement on such cases. CBO estimates that implementing that provision would cost $5 million over the 2025-2030 period.

Additionally, the bill would require the Department of Health and Human Services and DOJ to coordinate with BIA on various activities, including ensuring that federal training materials and mental health and wellness programs are locally or regionally available to law enforcement officers. CBO estimates that any costs to implement that provision would be insignificant.

GAO Study

The bill would require GAO to examine DOJ’s procedures for collecting, handling, and processing evidence and the barriers to improving those practices among federal, state, and tribal law enforcement. Using information about the cost of similar studies, CBO estimates that the study would cost $1 million over the 2025-2030 period.

Pay-As-You-Go Considerations

Enacting the bill would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply.

Increase in Long-Term Net Direct Spending and Deficits

CBO estimates that enacting S. 390 would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2036.

Mandates

The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.

Federal Costs: Julia Aman

Mandates: Erich Dvorak

Estimate Reviewed By

Kathleen FitzGerald 
Chief, Public and Private Mandates Unit

Justin Humphrey 
Chief, Finance, Housing, and Education Cost Estimates Unit

H. Samuel Papenfuss 
Deputy Director of Budget Analysis

Phillip L. Swagel Director, Congressional Budget Office

Phillip L. Swagel

Director, Congressional Budget Office

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