Calendar No. 407 TH D CONGRESS SESSION S. 227 · 2 •S 227 RS 1 Be it enacted by the Senate and...

II

Calendar No. 407 116TH CONGRESS

2D SESSION S. 227 [Report No. 116–206]

To direct the Attorney General to review, revise, and develop law enforcement

and justice protocols appropriate to address missing and murdered Indi-

ans, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 25 (legislative day, JANUARY 24), 2019

Ms. MURKOWSKI (for herself, Ms. CORTEZ MASTO, Ms. CANTWELL, Mr. SUL-

LIVAN, Mr. COONS, Mr. CRAMER, Mr. UDALL, Mr. TESTER, Mr. HEIN-

RICH, Mr. TILLIS, Mr. MERKLEY, Mr. HOEVEN, Mrs. CAPITO, Mr.

DAINES, Mr. WYDEN, Mrs. GILLIBRAND, Ms. SMITH, Mrs. MURRAY, Ms.

KLOBUCHAR, Ms. ROSEN, Ms. HARRIS, Mr. SCHATZ, Ms. MCSALLY, Ms.

SINEMA, Ms. BALDWIN, Mr. RISCH, Mr. CRAPO, Ms. WARREN, and Mr.

SANDERS) introduced the following bill; which was read twice and re-

ferred to the Committee on Indian Affairs

JANUARY 15, 2020

Reported by Mr. HOEVEN, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL To direct the Attorney General to review, revise, and develop

law enforcement and justice protocols appropriate to ad-

dress missing and murdered Indians, and for other pur-

poses.

VerDate Sep 11 2014 23:15 Jan 15, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\S227.RS S227pam

tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

2

•S 227 RS

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

SECTION 1. SHORT TITLE. 3

This Act may be cited as ‘‘Savanna’s Act’’. 4

SEC. 2. FINDINGS AND PURPOSES. 5

(a) FINDINGS.—Congress finds the following: 6

(1) On some reservations, Indian women are 7

murdered at more than 10 times the national aver-8

age. 9

(2) American Indians and Alaska Natives are 10

2.5 times as likely to experience violent crimes—and 11

at least 2 times more likely to experience rape or 12

sexual assault crimes—compared to all other races 13

according to the National Congress of American In-14

dians. 15

(3) More than 4 in 5 American Indian and 16

Alaska Native women, or 84.3 percent, have experi-17

enced violence in their lifetime according to the Na-18

tional Institute of Justice. 19

(4) More than 4 in 5 American Indian and 20

Alaska Native men, or 81.6 percent, have experi-21

enced violence in their lifetime according to the Na-22

tional Institute of Justice. 23

(5) According to the Centers for Disease Con-24

trol and Prevention, homicide is the third leading 25


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

3

•S 227 RS

cause of death among American Indian and Alaska 1

Native women between 10 and 24 years of age and 2

the fifth leading cause of death for American Indian 3

and Alaska Native women between 25 and 34 years 4

of age. 5

(6) Investigation into cases of missing and mur-6

dered Indian women is made difficult for Tribal law 7

enforcement agencies due to a lack of resources, 8

such as— 9

(A) necessary training, equipment, or 10

funding; 11

(B) a lack of interagency cooperation; and 12

(C) a lack of appropriate laws in place. 13

(7) The complicated jurisdictional scheme that 14

exists in Indian country— 15

(A) has a significant negative impact on 16

the ability to provide public safety to Indian 17

communities; 18

(B) has been increasingly exploited by 19

criminals; and 20

(C) requires a high degree of commitment 21

and cooperation among Tribal, Federal, and 22

State law enforcement officials. 23

(b) PURPOSES.—The purposes of this Act are— 24


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

4

•S 227 RS

(1) to clarify the responsibilities of Federal, 1

State, Tribal, and local law enforcement agencies 2

with respect to responding to cases of missing and 3

murdered Indians; 4

(2) to increase coordination and communication 5

among Federal, State, Tribal, and local law enforce-6

ment agencies, including medical examiner and cor-7

oner offices; 8

(3) to empower Tribal governments with the re-9

sources and information necessary to effectively re-10

spond to cases of missing and murdered Indians; 11

and 12

(4) to increase the collection of data related to 13

missing and murdered Indian men and women and 14

the sharing of information among Federal, State, 15

and Tribal officials responsible for responding to 16

and investigating cases of missing and murdered In-17

dians. 18

SEC. 3. DEFINITIONS. 19

In this Act: 20

(1) DATABASES.—The term ‘‘databases’’ 21

means— 22

(A) the National Crime Information Center 23

database; 24

(B) the Combined DNA Index System; 25


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

5

•S 227 RS

(C) the Next Generation Identification 1

System; and 2

(D) any other database relevant to re-3

sponding to cases of missing and murdered In-4

dians, including that under the Violent Criminal 5

Apprehension Program and the National Miss-6

ing and Unidentified Persons System. 7

(2) INDIAN.—The term ‘‘Indian’’ means a 8

member of an Indian Tribe. 9

(3) INDIAN COUNTRY.—The term ‘‘Indian coun-10

try’’ has the meaning given the term in section 1151 11

of title 18, United States Code. 12

(4) INDIAN LAND.—The term ‘‘Indian land’’ 13

means— 14

(A) Indian lands, as defined in section 3 of 15

the Native American Business Development, 16

Trade Promotion, and Tourism Act of 2000 (25 17

U.S.C. 4302); and 18

(B) land owned by a Regional Corporation 19

or Village Corporation, as such terms are de-20

fined in section 3 of the Alaska Native Claims 21

Settlement Act (43 U.S.C. 1602). 22

(5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 23

has the meaning given the term ‘‘Indian tribe’’ in 24


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

6

•S 227 RS

section 4 of the Indian Self-Determination and Edu-1

cation Assistance Act (25 U.S.C. 5304). 2

(6) LAW ENFORCEMENT AGENCY.—The term 3

‘‘law enforcement agency’’ means a Tribal, Federal, 4

State, or local law enforcement agency. 5

SEC. 4. IMPROVING TRIBAL ACCESS TO DATABASES. 6

(a) TRIBAL ENROLLMENT INFORMATION.—The At-7

torney General shall provide training to law enforcement 8

agencies regarding how to record the Tribal enrollment in-9

formation or affiliation, as appropriate, of a victim in Fed-10

eral databases. 11

(b) CONSULTATION.— 12

(1) CONSULTATION.—Not later than 180 days 13

after the date of enactment of this Act, the Attorney 14

General, in cooperation with the Secretary of the In-15

terior, shall complete a formal consultation with In-16

dian Tribes on how to further improve Tribal data 17

relevance and access to databases. 18

(2) ANNUAL CONSULTATION.—Section 903(b) 19

of the Violence Against Women and Department of 20

Justice Reauthorization Act of 2005 (34 U.S.C. 21

20126) is amended— 22

(A) by striking paragraph (2) and insert-23

ing the following: 24


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

7

•S 227 RS

‘‘(2) enhancing the safety of Indian women 1

from domestic violence, dating violence, sexual as-2

sault, homicide, stalking, and sex trafficking;’’; 3

(B) in paragraph (3), by striking the pe-4

riod at the end and inserting ‘‘; and’’; and 5

(C) by adding at the end the following: 6

‘‘(4) improving access to local, regional, State, 7

and Federal crime information databases and crimi-8

nal justice information systems.’’. 9

(c) NOTIFICATION.—Not later than 180 days after 10

the date of enactment of this Act, the Attorney General 11

shall— 12

(1) develop and implement a dissemination 13

strategy to notify United States citizens of the Na-14

tional Missing and Unidentified Persons System; 15

and 16

(2) conduct specific outreach to Indian Tribes 17

regarding the ability to publicly enter information, 18

through the National Missing and Unidentified Per-19

sons System or other non-law enforcement sensitive 20

portal, regarding missing persons, which may in-21

clude family members and other known acquaint-22

ances. 23


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

8

•S 227 RS

SEC. 5. GUIDELINES FOR RESPONDING TO CASES OF MISS-1

ING AND MURDERED INDIANS. 2

(a) IN GENERAL.—Not later than 180 days after the 3

date on which the consultation described in section 4(b)(1) 4

is completed, the Attorney General shall direct United 5

States attorneys with jurisdiction to prosecute crimes in 6

Indian country under sections 1152 and 1153 of title 18, 7

United States Code, or any other provision of law, as part 8

of the annual consultations on sexual violence by United 9

States attorneys with Indian Tribes and Federal partners, 10

to develop guidelines to respond to cases of missing and 11

murdered Indians that shall include— 12

(1) guidelines on inter-jurisdictional cooperation 13

among law enforcement agencies at the Tribal, Fed-14

eral, State, and local levels, including inter-jurisdic-15

tional enforcement of protection orders and detailing 16

specific responsibilities of each law enforcement 17

agency; 18

(2) best practices in conducting searches for 19

missing persons on Indian land; 20

(3) standards on the collection, reporting, and 21

analysis of data and information on missing persons 22

and unidentified human remains, and information on 23

culturally appropriate identification and handling of 24

human remains identified as Indian, including guid-25

ance stating that all appropriate information related 26


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

9

•S 227 RS

to missing and murdered Indians be entered in a 1

timely manner into applicable databases; 2

(4) guidance on which law enforcement agency 3

is responsible for inputting information into appro-4

priate databases under paragraph (3) if the Tribal 5

law enforcement agency does not have access to 6

those appropriate databases; 7

(5) guidelines on improving law enforcement 8

agency response rates and follow-up responses to 9

cases of missing and murdered Indians; and 10

(6) guidelines on ensuring access to culturally 11

appropriate victim services for victims and their 12

families. 13

(b) CONSULTATION.—United States attorneys shall 14

develop the guidelines required under subsection (a) in 15

consultation with Indian Tribes and other Federal part-16

ners, including— 17

(1) the Department of Justice; 18

(2) the Federal Bureau of Investigation; 19

(3) the Bureau of Indian Affairs; 20

(4) Tribal, State, and local law enforcement 21

agencies; 22

(5) medical examiners; 23

(6) coroners; and 24


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

10

•S 227 RS

(7) Tribal, State, and local organizations that 1

provide victim services. 2

(c) COMPLIANCE.— 3

(1) IN GENERAL.—Not later than 60 days after 4

the next sexual violence response annual consultation 5

occurs in each region after the date of enactment of 6

this Act, the United States attorneys shall modify 7

the sexual violence response guidelines to incorporate 8

the guidelines developed under subsection (a) and 9

implement such modified guidelines. 10

(2) MODIFICATION.—Each Federal law enforce-11

ment agency shall modify the guidelines, policies, 12

and protocols of the agency to incorporate the guide-13

lines developed under subsection (a). 14

(3) DETERMINATION.—Not later than the end 15

of each fiscal year beginning after the date the 16

guidelines are established under this section and in-17

corporated under this subsection, the Attorney Gen-18

eral shall determine whether each Tribal, State, and 19

local law enforcement agency has incorporated 20

guidelines into their respective guidelines, policies, 21

and protocols. 22

(4) PREFERENCE.—For each of fiscal years 23

2019 through 2023, for the fiscal year in which a 24

grant was solicited, the Attorney General shall give 25


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

11

•S 227 RS

affirmative preference to all National Institute of 1

Justice and Office for Victims of Crime discre-2

tionary grant applications of a Tribal, State, or local 3

law enforcement agency, or applications submitted 4

on behalf of such law enforcement agencies by a 5

local, State, or Tribal government, if the Attorney 6

General has determined under paragraph (3) that 7

the agency has incorporated the guidelines. 8

(d) ACCOUNTABILITY.—Not later than 30 days after 9

compliance determinations are made each fiscal year in 10

accordance with subsection (c)(3), the Attorney General 11

shall— 12

(1) disclose and publish, including on the 13

website of the Department of Justice, the name of 14

each Tribal, State, or local law enforcement agency 15

that the Attorney General has determined has not 16

incorporated guidelines in accordance with sub-17

section (c)(3); and 18

(2) if a law enforcement agency described in 19

paragraph (1) subsequently receives a determination 20

of compliance, the Attorney General shall— 21

(A) immediately correct the applicable 22

record; and 23

(B) not later than 3 days after the deter-24

mination, remove the record from the website of 25


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

12

•S 227 RS

the Department of Justice and any other loca-1

tion where the record was published. 2

(e) TRAINING AND TECHNICAL ASSISTANCE.—The 3

Attorney General shall use the National Indian Country 4

Training Initiative to provide training and technical as-5

sistance to Indian Tribes and law enforcement agencies 6

on— 7

(1) implementing the guidelines developed 8

under subsection (a) or developing and implementing 9

locally specific guidelines or protocols for responding 10

to cases of missing and murdered Indians; and 11

(2) using the National Missing and Unidenti-12

fied Persons System and accessing program services 13

that will assist Indian Tribes with responding to 14

cases of missing and murdered Indians. 15

SEC. 6. ANNUAL REPORTING REQUIREMENTS. 16

(a) ANNUAL REPORTING.—Beginning in the first fis-17

cal year after the date of enactment of this Act, the Attor-18

ney General shall include in its annual Indian Country In-19

vestigations and Prosecutions report to Congress informa-20

tion that— 21

(1) includes known statistics on missing Indians 22

in the United States, available to the Department of 23

Justice, including— 24

(A) age; 25


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

13

•S 227 RS

(B) gender; 1

(C) Tribal enrollment information or affili-2

ation, if available; 3

(D) the current number of open cases per 4

State; 5

(E) the total number of closed cases per 6

State each calendar year, from the most recent 7

10 calendar years; and 8

(F) other relevant information the Attor-9

ney General determines is appropriate; 10

(2) includes known statistics on murdered Indi-11

ans in the United States, available to the Depart-12

ment of Justice, including— 13

(A) age; 14

(B) gender; 15




State; 19




(F) other relevant information the Attor-23

ney General determines is appropriate; 24


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

14

•S 227 RS

(3) maintains victim privacy to the greatest ex-1

tent possible by excluding information that can be 2

used on its own or with other information to iden-3

tify, contact, or locate a single person, or to identify 4

an individual in context; and 5

(4) includes— 6

(A) an explanation of why the statistics de-7

scribed in paragraph (1) may not be com-8

prehensive; and 9

(B) recommendations on how data collec-10

tion on missing and murdered Indians may be 11

improved. 12

(b) COMPLIANCE.— 13

(1) IN GENERAL.—Beginning in the first fiscal 14

year after the date of enactment of this Act, and an-15

nually thereafter, for the purpose of compiling accu-16

rate data for the annual report required under sub-17

section (a), the Attorney General shall request all 18

Tribal, State, and local law enforcement agencies to 19

submit to the Department of Justice, to the fullest 20

extent possible, all relevant information required, as 21

determined by the Attorney General. 22

(2) DISCLOSURE.—The Attorney General shall 23

disclose and publish annually, including on the 24

website of the Department of Justice, the name of 25


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

15

•S 227 RS

each Tribal, State, or local law enforcement agency 1

that the Attorney General has determined has not 2

submitted the information requested under para-3

graph (1) for the fiscal year in which the report was 4

published. 5

(3) PREFERENCE.—For each of fiscal years 6

2019 through 2023, for the fiscal year in which a 7

grant was solicited, the Attorney General shall give 8

affirmative preference to all Department of Justice 9

discretionary grant applications of a Tribal, State, 10

or local law enforcement agency, or applications sub-11

mitted on behalf of such law enforcement agencies 12

by a local, State, or Tribal government, that would 13

aid in the implementation of the guidelines devel-14

oped under section 5 or help address the issue of 15

missing and murdered Indians, if the Attorney Gen-16

eral has determined the agency has submitted the 17

information requested under paragraph (1) for the 18

fiscal year in which the report was published. 19

(c) INCLUSION OF GENDER IN MISSING AND UN-20

IDENTIFIED PERSONS STATISTICS.—Beginning in the 21

first calendar year after the date of enactment of this Act, 22

and annually thereafter, the Federal Bureau of Investiga-23

tion shall include gender in its annual statistics on missing 24

and unidentified persons published on its public website. 25


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

16

•S 227 RS

SECTION 1. SHORT TITLE. 1

This Act may be cited as ‘‘Savanna’s Act’’. 2

SEC. 2. PURPOSES. 3

The purposes of this Act are— 4

(1) to clarify the responsibilities of Federal, 5

State, Tribal, and local law enforcement agencies 6

with respect to responding to cases of missing or mur-7

dered Indians; 8

(2) to increase coordination and communication 9

among Federal, State, Tribal, and local law enforce-10

ment agencies, including medical examiner and cor-11

oner offices; 12

(3) to empower Tribal governments with the re-13

sources and information necessary to effectively re-14

spond to cases of missing or murdered Indians; and 15

(4) to increase the collection of data related to 16

missing or murdered Indian men, women, and chil-17

dren, regardless of where they reside, and the sharing 18

of information among Federal, State, and Tribal offi-19

cials responsible for responding to and investigating 20

cases of missing or murdered Indians. 21

SEC. 3. DEFINITIONS. 22

In this Act: 23

(1) CONFER.—The term ‘‘confer’’ has the mean-24

ing given the term in section 514 of the Indian 25

Health Care Improvement Act (25 U.S.C. 1660d). 26


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

17

•S 227 RS

(2) DATABASES.—The term ‘‘databases’’ 1

means— 2

(A) the National Crime Information Center 3

database; 4

(B) the Combined DNA Index System; 5

(C) the Next Generation Identification Sys-6

tem; and 7

(D) any other database relevant to respond-8

ing to cases of missing or murdered Indians, in-9

cluding that under the Violent Criminal Appre-10

hension Program and the National Missing and 11

Unidentified Persons System. 12

(3) INDIAN.—The term ‘‘Indian’’ means a mem-13

ber of an Indian Tribe. 14

(4) INDIAN COUNTRY.—The term ‘‘Indian coun-15

try’’ has the meaning given the term in section 1151 16

of title 18, United States Code. 17

(5) INDIAN LAND.—The term ‘‘Indian land’’ 18

means Indian lands, as defined in section 3 of the 19

Native American Business Development, Trade Pro-20

motion, and Tourism Act of 2000 (25 U.S.C. 4302). 21

(6) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 22

has the meaning given the term ‘‘Indian tribe’’ in sec-23

tion 4 of the Indian Self-Determination and Edu-24

cation Assistance Act (25 U.S.C. 5304). 25


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

18

•S 227 RS

(7) LAW ENFORCEMENT AGENCY.—The term 1

‘‘law enforcement agency’’ means a Tribal, Federal, 2

State, or local law enforcement agency. 3

SEC. 4. IMPROVING TRIBAL ACCESS TO DATABASES. 4

(a) TRIBAL ENROLLMENT INFORMATION.—The Attor-5

ney General shall provide training to law enforcement agen-6

cies regarding how to record the Tribal enrollment informa-7

tion or affiliation, as appropriate, of a victim in Federal 8

databases. 9

(b) CONSULTATION.— 10

(1) CONSULTATION.—Not later than 180 days 11


General, in cooperation with the Secretary of the In-13

terior, shall complete a formal consultation with In-14

dian Tribes on how to further improve Tribal data 15

relevance and access to databases. 16

(2) INITIAL CONFER.—Not later than 180 days 17


General, in coordination with the Secretary of the In-19

terior, shall confer with Tribal organizations and 20

urban Indian organizations on how to further im-21

prove American Indian and Alaska Native data rel-22

evance and access to databases. 23

(3) ANNUAL CONSULTATION.—Section 903(b) of 24

the Violence Against Women and Department of Jus-25


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

19

•S 227 RS

tice Reauthorization Act of 2005 (34 U.S.C. 20126) 1

is amended— 2

(A) by striking paragraph (2) and inserting 3

the following: 4

‘‘(2) enhancing the safety of Indian women from 5

domestic violence, dating violence, sexual assault, 6

homicide, stalking, and sex trafficking;’’; 7

(B) in paragraph (3), by striking the period 8

at the end and inserting ‘‘; and’’; and 9

(C) by adding at the end the following: 10

‘‘(4) improving access to local, regional, State, 11

and Federal crime information databases and crimi-12

nal justice information systems.’’. 13

(c) NOTIFICATION.—Not later than 180 days after the 14

date of enactment of this Act, the Attorney General shall— 15

(1) develop and implement a dissemination 16

strategy to educate the public of the National Missing 17

and Unidentified Persons System; and 18

(2) conduct specific outreach to Indian Tribes, 19

Tribal organizations, and urban Indian organiza-20

tions regarding the ability to publicly enter informa-21

tion, through the National Missing and Unidentified 22

Persons System or other non-law enforcement sen-23

sitive portal, regarding missing persons, which may 24


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

20

•S 227 RS

include family members and other known acquaint-1

ances. 2

SEC. 5. GUIDELINES FOR RESPONDING TO CASES OF MISS-3

ING OR MURDERED INDIANS. 4

(a) IN GENERAL.—Not later than 60 days after the 5

date on which the consultation described in section 4(b)(1) 6

is completed, the Attorney General shall direct United 7

States attorneys to develop regionally appropriate guide-8

lines to respond to cases of missing or murdered Indians 9

that shall include— 10

(1) guidelines on inter-jurisdictional cooperation 11

among law enforcement agencies at the Tribal, Fed-12

eral, State, and local levels, including inter-jurisdic-13

tional enforcement of protection orders and detailing 14

specific responsibilities of each law enforcement agen-15

cy; 16

(2) best practices in conducting searches for 17

missing persons on and off Indian land; 18

(3) standards on the collection, reporting, and 19

analysis of data and information on missing persons 20

and unidentified human remains, and information on 21

culturally appropriate identification and handling of 22

human remains identified as Indian, including guid-23

ance stating that all appropriate information related 24


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

21

•S 227 RS

to missing or murdered Indians be entered in a time-1

ly manner into applicable databases; 2

(4) guidance on which law enforcement agency is 3

responsible for inputting information into appro-4

priate databases under paragraph (3) if the Tribal 5

law enforcement agency does not have access to those 6

appropriate databases; 7

(5) guidelines on improving law enforcement 8

agency response rates and follow-up responses to cases 9

of missing or murdered Indians; and 10

(6) guidelines on ensuring access to culturally 11

appropriate victim services for victims and their fam-12

ilies. 13

(b) CONSULTATION.—United States attorneys shall de-14

velop the guidelines required under subsection (a) in con-15

sultation with Indian Tribes and other relevant partners, 16

including— 17

(1) the Department of Justice; 18

(2) the Federal Bureau of Investigation; 19

(3) the Department of the Interior; 20

(4) the Bureau of Indian Affairs; 21

(5) Tribal, State, and local law enforcement 22

agencies; 23

(6) medical examiners; 24

(7) coroners; 25


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

22

•S 227 RS

(8) Tribal, State, and local organizations that 1

provide victim services; and 2

(9) national, regional, or urban Indian organi-3

zations with relevant expertise. 4

(c) COMPLIANCE.— 5

(1) IN GENERAL.—Not later than 1 year after 6

the date of enactment of this Act, the United States 7

attorneys shall implement, by incorporating into of-8

fice policies and procedures, the guidelines developed 9

under subsection (a). 10

(2) MODIFICATION.—Each Federal law enforce-11

ment agency shall modify the guidelines, policies, and 12

protocols of the agency to incorporate the guidelines 13

developed under subsection (a). 14

(3) DETERMINATION.—Not later than the end of 15

each fiscal year beginning after the date the guide-16

lines are established under this section and incor-17

porated under this subsection, upon the request of a 18

Tribal, State, or local law enforcement agency, the At-19

torney General shall determine whether the Tribal, 20

State, or local law enforcement agency seeking rec-21

ognition of compliance has incorporated guidelines 22

into their respective guidelines, policies, and proto-23

cols. 24


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

23

•S 227 RS

(d) ACCOUNTABILITY.—Not later than 30 days after 1

compliance determinations are made each fiscal year in ac-2

cordance with subsection (c)(3), the Attorney General 3

shall— 4

(1) disclose and publish, including on the website 5

of the Department of Justice, the name of each Tribal, 6

State, or local law enforcement agency that the Attor-7

ney General has determined has incorporated guide-8

lines in accordance with subsection (c)(3); 9

(2) disclose and publish, including on the website 10

of the Department of Justice, the name of each Tribal, 11

State, or local law enforcement agency that has re-12

quested a determination in accordance with sub-13

section (c)(3) that is pending; 14

(3) collect the guidelines into a resource of exam-15

ples and best practices that can be used by other law 16

enforcement agencies seeking to create and implement 17

such guidelines. 18

(e) TRAINING AND TECHNICAL ASSISTANCE.—The At-19

torney General shall use the National Indian Country 20

Training Initiative to provide training and technical as-21

sistance to Indian Tribes and law enforcement agencies 22

on— 23

(1) implementing the guidelines developed under 24

subsection (a) or developing and implementing locally 25


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

24

•S 227 RS

specific guidelines or protocols for responding to cases 1

of missing or murdered Indians; and 2

(2) using the National Missing and Unidentified 3

Persons System and accessing program services that 4

will assist Indian Tribes with responding to cases of 5

missing or murdered Indians. 6

(f) GUIDELINES FROM INDIAN TRIBES.— 7

(1) IN GENERAL.—Indian Tribes may submit 8

their own guidelines to respond to cases of missing or 9

murdered Indians to the Attorney General. 10

(2) PUBLICATION.—Upon receipt of any guide-11

lines from an Indian Tribe, the Attorney General 12

shall publish the guidelines on the website of the De-13

partment of Justice in 1 centralized location to make 14

the guidelines available as a resource to any Federal 15

agency, State, or Tribal government. 16

SEC. 6. ANNUAL REPORTING REQUIREMENTS. 17

(a) ANNUAL REPORTING.—Beginning in the first fis-18

cal year after the date of enactment of this Act, the Attorney 19

General shall include in its annual Indian Country Inves-20

tigations and Prosecutions report to Congress information 21

that— 22

(1) includes known statistics on missing Indians 23

in the United States, available to the Department of 24

Justice, including— 25


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

25

•S 227 RS

(A) age; 1

(B) gender; 2




State; 6




(F) other relevant information the Attorney 10

General determines is appropriate; 11

(2) includes known statistics on murdered Indi-12

ans in the United States, available to the Department 13

of Justice, including— 14

(A) age; 15

(B) gender; 16




State; 20




(F) other relevant information the Attorney 24

General determines is appropriate; 25


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

26

•S 227 RS

(3) maintains victim privacy to the greatest ex-1

tent possible by excluding information that can be 2

used on its own or with other information to identify, 3

contact, or locate a single person, or to identify an 4

individual in context; and 5

(4) includes— 6

(A) an explanation of why the statistics de-7

scribed in paragraph (1) may not be comprehen-8

sive; and 9

(B) recommendations on how data collec-10

tion on missing or murdered Indians may be 11

improved. 12

(b) COMPLIANCE.— 13

(1) IN GENERAL.—Beginning in the first fiscal 14

year after the date of enactment of this Act, and an-15

nually thereafter, for the purpose of compiling accu-16

rate data for the annual report required under sub-17

section (a), the Attorney General shall request all 18

Tribal, State, and local law enforcement agencies to 19

submit to the Department of Justice, to the fullest ex-20

tent possible, all relevant information pertaining to 21

missing or murdered Indians collected by the Tribal, 22

State, and local law enforcement agency, and in a 23

format provided by the Department of Justice that 24

ensures the streamlining of data reporting. 25


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

27

•S 227 RS

(2) DISCLOSURE.—The Attorney General shall 1

disclose and publish annually, including on the 2

website of the Department of Justice, the name of each 3

Tribal, State, or local law enforcement agency that 4

the Attorney General has determined has submitted 5

the information requested under paragraph (1) for the 6

fiscal year in which the report was published. 7

(c) INCLUSION OF GENDER IN MISSING AND UNIDEN-8

TIFIED PERSONS STATISTICS.—Beginning in the first cal-9

endar year after the date of enactment of this Act, and an-10

nually thereafter, the Federal Bureau of Investigation shall 11

include gender in its annual statistics on missing and un-12

identified persons published on its public website. 13

SEC. 7. IMPLEMENTATION AND INCENTIVE. 14

(a) GRANT AUTHORITY.—Section 2101(b) of the Om-15

nibus Crime Control and Safe Streets Act of 1968 (34 16

U.S.C. 10461(b)) is amended by adding at the end the fol-17

lowing: 18

‘‘(23) To develop, strengthen, and implement 19

policies, protocols, and training for law enforcement 20

regarding cases of missing or murdered Indians, as 21

described in section 5 of Savanna’s Act. 22

‘‘(24) To compile and annually report data to 23

the Attorney General related to missing or murdered 24

Indians, as described in section 6 of Savanna’s Act.’’. 25


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

28

•S 227 RS

(b) GRANTS TO INDIAN TRIBAL GOVERNMENTS.—Sec-1

tion 2015 of the Omnibus Crime Control and Safe Streets 2

Act of 1968 (34 U.S.C. 10452(a)) is amended— 3

(1) in paragraph (9), by striking ‘‘and’’ at the 4

end; 5

(2) in paragraph (10), by striking the period at 6

the end and inserting a semicolon; and 7

(3) by adding at the end the following: 8

‘‘(11) develop, strengthen, and implement poli-9

cies, protocols, and training for law enforcement re-10

garding cases of missing or murdered Indians, as de-11

scribed in section 5 of Savanna’s Act; and 12

‘‘(12) compile and annually report data to the 13

Attorney General related to missing or murdered In-14

dians, as described in section 6 of Savanna’s Act.’’. 15


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

Calendar N

o. 407

11

6T

HC

ON

GR

ES

S

2D

SE

SS

ION

S. 227

[Rep

ort No. 116–206]

A B

ILL

T

o

direct

the

Atto

rney

G

enera

l to

review

, revise,

an

d develo

p la

w en

forcem

ent

an

d ju

stice pro

to-

cols

appro

pria

te to

address

missin

g

an

d

mu

r-dered

India

ns, a

nd fo

r oth

er pu

rposes.

JA

NU

AR

Y1

5, 2

02

0

Rep

orted

with

an

am

endm

ent


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

Date post:	22-Sep-2020
Category:	Documents
Upload:	others
View:	0 times
Download:	0 times

Calendar No. 407 TH D CONGRESS SESSION S. 227 · 2 •S 227 RS 1 Be it enacted by the Senate and...

Documents