[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 227 Reported in Senate (RS)]
<DOC>
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 Indians, 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.
Sullivan, Mr. Coons, Mr. Cramer, Mr. Udall, Mr. Tester, Mr. Heinrich,
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 referred 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 address missing and
murdered Indians, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as ``Savanna's Act''.</DELETED>
<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>
<DELETED> (a) Findings.--Congress finds the following:</DELETED>
<DELETED> (1) On some reservations, Indian women are
murdered at more than 10 times the national average.</DELETED>
<DELETED> (2) American Indians and Alaska Natives are 2.5
times as likely to experience violent crimes--and at least 2
times more likely to experience rape or sexual assault crimes--
compared to all other races according to the National Congress
of American Indians.</DELETED>
<DELETED> (3) More than 4 in 5 American Indian and Alaska
Native women, or 84.3 percent, have experienced violence in
their lifetime according to the National Institute of
Justice.</DELETED>
<DELETED> (4) More than 4 in 5 American Indian and Alaska
Native men, or 81.6 percent, have experienced violence in their
lifetime according to the National Institute of
Justice.</DELETED>
<DELETED> (5) According to the Centers for Disease Control
and Prevention, homicide is the third leading cause of death
among American Indian and Alaska Native women between 10 and 24
years of age and the fifth leading cause of death for American
Indian and Alaska Native women between 25 and 34 years of
age.</DELETED>
<DELETED> (6) Investigation into cases of missing and
murdered Indian women is made difficult for Tribal law
enforcement agencies due to a lack of resources, such as--
</DELETED>
<DELETED> (A) necessary training, equipment, or
funding;</DELETED>
<DELETED> (B) a lack of interagency cooperation;
and</DELETED>
<DELETED> (C) a lack of appropriate laws in
place.</DELETED>
<DELETED> (7) The complicated jurisdictional scheme that
exists in Indian country--</DELETED>
<DELETED> (A) has a significant negative impact on
the ability to provide public safety to Indian
communities;</DELETED>
<DELETED> (B) has been increasingly exploited by
criminals; and</DELETED>
<DELETED> (C) requires a high degree of commitment
and cooperation among Tribal, Federal, and State law
enforcement officials.</DELETED>
<DELETED> (b) Purposes.--The purposes of this Act are--</DELETED>
<DELETED> (1) to clarify the responsibilities of Federal,
State, Tribal, and local law enforcement agencies with respect
to responding to cases of missing and murdered
Indians;</DELETED>
<DELETED> (2) to increase coordination and communication
among Federal, State, Tribal, and local law enforcement
agencies, including medical examiner and coroner
offices;</DELETED>
<DELETED> (3) to empower Tribal governments with the
resources and information necessary to effectively respond to
cases of missing and murdered Indians; and</DELETED>
<DELETED> (4) to increase the collection of data related to
missing and murdered Indian men and women and the sharing of
information among Federal, State, and Tribal officials
responsible for responding to and investigating cases of
missing and murdered Indians.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Databases.--The term ``databases'' means--
</DELETED>
<DELETED> (A) the National Crime Information Center
database;</DELETED>
<DELETED> (B) the Combined DNA Index
System;</DELETED>
<DELETED> (C) the Next Generation Identification
System; and</DELETED>
<DELETED> (D) any other database relevant to
responding to cases of missing and murdered Indians,
including that under the Violent Criminal Apprehension
Program and the National Missing and Unidentified
Persons System.</DELETED>
<DELETED> (2) Indian.--The term ``Indian'' means a member of
an Indian Tribe.</DELETED>
<DELETED> (3) Indian country.--The term ``Indian country''
has the meaning given the term in section 1151 of title 18,
United States Code.</DELETED>
<DELETED> (4) Indian land.--The term ``Indian land'' means--
</DELETED>
<DELETED> (A) Indian lands, as defined in section 3
of the Native American Business Development, Trade
Promotion, and Tourism Act of 2000 (25 U.S.C. 4302);
and</DELETED>
<DELETED> (B) land owned by a Regional Corporation
or Village Corporation, as such terms are defined in
section 3 of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602).</DELETED>
<DELETED> (5) Indian tribe.--The term ``Indian Tribe'' has
the meaning given the term ``Indian tribe'' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).</DELETED>
<DELETED> (6) Law enforcement agency.--The term ``law
enforcement agency'' means a Tribal, Federal, State, or local
law enforcement agency.</DELETED>
<DELETED>SEC. 4. IMPROVING TRIBAL ACCESS TO DATABASES.</DELETED>
<DELETED> (a) Tribal Enrollment Information.--The Attorney General
shall provide training to law enforcement agencies regarding how to
record the Tribal enrollment information or affiliation, as
appropriate, of a victim in Federal databases.</DELETED>
<DELETED> (b) Consultation.--</DELETED>
<DELETED> (1) Consultation.--Not later than 180 days after
the date of enactment of this Act, the Attorney General, in
cooperation with the Secretary of the Interior, shall complete
a formal consultation with Indian Tribes on how to further
improve Tribal data relevance and access to
databases.</DELETED>
<DELETED> (2) Annual consultation.--Section 903(b) of the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (34 U.S.C. 20126) is amended--
</DELETED>
<DELETED> (A) by striking paragraph (2) and
inserting the following:</DELETED>
<DELETED> ``(2) enhancing the safety of Indian women from
domestic violence, dating violence, sexual assault, homicide,
stalking, and sex trafficking;'';</DELETED>
<DELETED> (B) in paragraph (3), by striking the
period at the end and inserting ``; and'';
and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(4) improving access to local, regional, State,
and Federal crime information databases and criminal justice
information systems.''.</DELETED>
<DELETED> (c) Notification.--Not later than 180 days after the date
of enactment of this Act, the Attorney General shall--</DELETED>
<DELETED> (1) develop and implement a dissemination strategy
to notify United States citizens of the National Missing and
Unidentified Persons System; and</DELETED>
<DELETED> (2) conduct specific outreach to Indian Tribes
regarding the ability to publicly enter information, through
the National Missing and Unidentified Persons System or other
non-law enforcement sensitive portal, regarding missing
persons, which may include family members and other known
acquaintances.</DELETED>
<DELETED>SEC. 5. GUIDELINES FOR RESPONDING TO CASES OF MISSING AND
MURDERED INDIANS.</DELETED>
<DELETED> (a) In General.--Not later than 180 days after the date on
which the consultation described in section 4(b)(1) is completed, the
Attorney General shall direct United States attorneys with jurisdiction
to prosecute crimes in Indian country under sections 1152 and 1153 of
title 18, United States Code, or any other provision of law, as part of
the annual consultations on sexual violence by United States attorneys
with Indian Tribes and Federal partners, to develop guidelines to
respond to cases of missing and murdered Indians that shall include--
</DELETED>
<DELETED> (1) guidelines on inter-jurisdictional cooperation
among law enforcement agencies at the Tribal, Federal, State,
and local levels, including inter-jurisdictional enforcement of
protection orders and detailing specific responsibilities of
each law enforcement agency;</DELETED>
<DELETED> (2) best practices in conducting searches for
missing persons on Indian land;</DELETED>
<DELETED> (3) standards on the collection, reporting, and
analysis of data and information on missing persons and
unidentified human remains, and information on culturally
appropriate identification and handling of human remains
identified as Indian, including guidance stating that all
appropriate information related to missing and murdered Indians
be entered in a timely manner into applicable
databases;</DELETED>
<DELETED> (4) guidance on which law enforcement agency is
responsible for inputting information into appropriate
databases under paragraph (3) if the Tribal law enforcement
agency does not have access to those appropriate
databases;</DELETED>
<DELETED> (5) guidelines on improving law enforcement agency
response rates and follow-up responses to cases of missing and
murdered Indians; and</DELETED>
<DELETED> (6) guidelines on ensuring access to culturally
appropriate victim services for victims and their
families.</DELETED>
<DELETED> (b) Consultation.--United States attorneys shall develop
the guidelines required under subsection (a) in consultation with
Indian Tribes and other Federal partners, including--</DELETED>
<DELETED> (1) the Department of Justice;</DELETED>
<DELETED> (2) the Federal Bureau of Investigation;</DELETED>
<DELETED> (3) the Bureau of Indian Affairs;</DELETED>
<DELETED> (4) Tribal, State, and local law enforcement
agencies;</DELETED>
<DELETED> (5) medical examiners;</DELETED>
<DELETED> (6) coroners; and</DELETED>
<DELETED> (7) Tribal, State, and local organizations that
provide victim services.</DELETED>
<DELETED> (c) Compliance.--</DELETED>
<DELETED> (1) In general.--Not later than 60 days after the
next sexual violence response annual consultation occurs in
each region after the date of enactment of this Act, the United
States attorneys shall modify the sexual violence response
guidelines to incorporate the guidelines developed under
subsection (a) and implement such modified
guidelines.</DELETED>
<DELETED> (2) Modification.--Each Federal law enforcement
agency shall modify the guidelines, policies, and protocols of
the agency to incorporate the guidelines developed under
subsection (a).</DELETED>
<DELETED> (3) Determination.--Not later than the end of each
fiscal year beginning after the date the guidelines are
established under this section and incorporated under this
subsection, the Attorney General shall determine whether each
Tribal, State, and local law enforcement agency has
incorporated guidelines into their respective guidelines,
policies, and protocols.</DELETED>
<DELETED> (4) Preference.--For each of fiscal years 2019
through 2023, for the fiscal year in which a grant was
solicited, the Attorney General shall give affirmative
preference to all National Institute of Justice and Office for
Victims of Crime discretionary grant applications of a Tribal,
State, or local law enforcement agency, or applications
submitted on behalf of such law enforcement agencies by a
local, State, or Tribal government, if the Attorney General has
determined under paragraph (3) that the agency has incorporated
the guidelines.</DELETED>
<DELETED> (d) Accountability.--Not later than 30 days after
compliance determinations are made each fiscal year in accordance with
subsection (c)(3), the Attorney General shall--</DELETED>
<DELETED> (1) disclose and publish, including on the website
of the Department of Justice, the name of each Tribal, State,
or local law enforcement agency that the Attorney General has
determined has not incorporated guidelines in accordance with
subsection (c)(3); and</DELETED>
<DELETED> (2) if a law enforcement agency described in
paragraph (1) subsequently receives a determination of
compliance, the Attorney General shall--</DELETED>
<DELETED> (A) immediately correct the applicable
record; and</DELETED>
<DELETED> (B) not later than 3 days after the
determination, remove the record from the website of
the Department of Justice and any other location where
the record was published.</DELETED>
<DELETED> (e) Training and Technical Assistance.--The Attorney
General shall use the National Indian Country Training Initiative to
provide training and technical assistance to Indian Tribes and law
enforcement agencies on--</DELETED>
<DELETED> (1) implementing the guidelines developed under
subsection (a) or developing and implementing locally specific
guidelines or protocols for responding to cases of missing and
murdered Indians; and</DELETED>
<DELETED> (2) using the National Missing and Unidentified
Persons System and accessing program services that will assist
Indian Tribes with responding to cases of missing and murdered
Indians.</DELETED>
<DELETED>SEC. 6. ANNUAL REPORTING REQUIREMENTS.</DELETED>
<DELETED> (a) Annual Reporting.--Beginning in the first fiscal year
after the date of enactment of this Act, the Attorney General shall
include in its annual Indian Country Investigations and Prosecutions
report to Congress information that--</DELETED>
<DELETED> (1) includes known statistics on missing Indians
in the United States, available to the Department of Justice,
including--</DELETED>
<DELETED> (A) age;</DELETED>
<DELETED> (B) gender;</DELETED>
<DELETED> (C) Tribal enrollment information or
affiliation, if available;</DELETED>
<DELETED> (D) the current number of open cases per
State;</DELETED>
<DELETED> (E) the total number of closed cases per
State each calendar year, from the most recent 10
calendar years; and</DELETED>
<DELETED> (F) other relevant information the
Attorney General determines is appropriate;</DELETED>
<DELETED> (2) includes known statistics on murdered Indians
in the United States, available to the Department of Justice,
including--</DELETED>
<DELETED> (A) age;</DELETED>
<DELETED> (B) gender;</DELETED>
<DELETED> (C) Tribal enrollment information or
affiliation, if available;</DELETED>
<DELETED> (D) the current number of open cases per
State;</DELETED>
<DELETED> (E) the total number of closed cases per
State each calendar year, from the most recent 10
calendar years; and</DELETED>
<DELETED> (F) other relevant information the
Attorney General determines is appropriate;</DELETED>
<DELETED> (3) maintains victim privacy to the greatest
extent possible by excluding information that can be used on
its own or with other information to identify, contact, or
locate a single person, or to identify an individual in
context; and</DELETED>
<DELETED> (4) includes--</DELETED>
<DELETED> (A) an explanation of why the statistics
described in paragraph (1) may not be comprehensive;
and</DELETED>
<DELETED> (B) recommendations on how data collection
on missing and murdered Indians may be
improved.</DELETED>
<DELETED> (b) Compliance.--</DELETED>
<DELETED> (1) In general.--Beginning in the first fiscal
year after the date of enactment of this Act, and annually
thereafter, for the purpose of compiling accurate data for the
annual report required under subsection (a), the Attorney
General shall request all Tribal, State, and local law
enforcement agencies to submit to the Department of Justice, to
the fullest extent possible, all relevant information required,
as determined by the Attorney General.</DELETED>
<DELETED> (2) Disclosure.--The Attorney General shall
disclose and publish annually, including on the website of the
Department of Justice, the name of each Tribal, State, or local
law enforcement agency that the Attorney General has determined
has not submitted the information requested under paragraph (1)
for the fiscal year in which the report was
published.</DELETED>
<DELETED> (3) Preference.--For each of fiscal years 2019
through 2023, for the fiscal year in which a grant was
solicited, the Attorney General shall give affirmative
preference to all Department of Justice discretionary grant
applications of a Tribal, State, or local law enforcement
agency, or applications submitted on behalf of such law
enforcement agencies by a local, State, or Tribal government,
that would aid in the implementation of the guidelines
developed under section 5 or help address the issue of missing
and murdered Indians, if the Attorney General has determined
the agency has submitted the information requested under
paragraph (1) for the fiscal year in which the report was
published.</DELETED>
<DELETED> (c) Inclusion of Gender in Missing and Unidentified
Persons Statistics.--Beginning in the first calendar year after the
date of enactment of this Act, and annually thereafter, the Federal
Bureau of Investigation shall include gender in its annual statistics
on missing and unidentified persons published on its public
website.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as ``Savanna's Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to clarify the responsibilities of Federal, State,
Tribal, and local law enforcement agencies with respect to
responding to cases of missing or murdered Indians;
(2) to increase coordination and communication among
Federal, State, Tribal, and local law enforcement agencies,
including medical examiner and coroner offices;
(3) to empower Tribal governments with the resources and
information necessary to effectively respond to cases of
missing or murdered Indians; and
(4) to increase the collection of data related to missing
or murdered Indian men, women, and children, regardless of
where they reside, and the sharing of information among
Federal, State, and Tribal officials responsible for responding
to and investigating cases of missing or murdered Indians.
SEC. 3. DEFINITIONS.
In this Act:
(1) Confer.--The term ``confer'' has the meaning given the
term in section 514 of the Indian Health Care Improvement Act
(25 U.S.C. 1660d).
(2) Databases.--The term ``databases'' means--
(A) the National Crime Information Center database;
(B) the Combined DNA Index System;
(C) the Next Generation Identification System; and
(D) any other database relevant to responding to
cases of missing or murdered Indians, including that
under the Violent Criminal Apprehension Program and the
National Missing and Unidentified Persons System.
(3) Indian.--The term ``Indian'' means a member of an
Indian Tribe.
(4) Indian country.--The term ``Indian country'' has the
meaning given the term in section 1151 of title 18, United
States Code.
(5) Indian land.--The term ``Indian land'' means Indian
lands, as defined in section 3 of the Native American Business
Development, Trade Promotion, and Tourism Act of 2000 (25
U.S.C. 4302).
(6) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(7) Law enforcement agency.--The term ``law enforcement
agency'' means a Tribal, Federal, State, or local law
enforcement agency.
SEC. 4. IMPROVING TRIBAL ACCESS TO DATABASES.
(a) Tribal Enrollment Information.--The Attorney General shall
provide training to law enforcement agencies regarding how to record
the Tribal enrollment information or affiliation, as appropriate, of a
victim in Federal databases.
(b) Consultation.--
(1) Consultation.--Not later than 180 days after the date
of enactment of this Act, the Attorney General, in cooperation
with the Secretary of the Interior, shall complete a formal
consultation with Indian Tribes on how to further improve
Tribal data relevance and access to databases.
(2) Initial confer.--Not later than 180 days after the date
of enactment of this Act, the Attorney General, in coordination
with the Secretary of the Interior, shall confer with Tribal
organizations and urban Indian organizations on how to further
improve American Indian and Alaska Native data relevance and
access to databases.
(3) Annual consultation.--Section 903(b) of the Violence
Against Women and Department of Justice Reauthorization Act of
2005 (34 U.S.C. 20126) is amended--
(A) by striking paragraph (2) and inserting the
following:
``(2) enhancing the safety of Indian women from domestic
violence, dating violence, sexual assault, homicide, stalking,
and sex trafficking;'';
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) improving access to local, regional, State, and
Federal crime information databases and criminal justice
information systems.''.
(c) Notification.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall--
(1) develop and implement a dissemination strategy to
educate the public of the National Missing and Unidentified
Persons System; and
(2) conduct specific outreach to Indian Tribes, Tribal
organizations, and urban Indian organizations regarding the
ability to publicly enter information, through the National
Missing and Unidentified Persons System or other non-law
enforcement sensitive portal, regarding missing persons, which
may include family members and other known acquaintances.
SEC. 5. GUIDELINES FOR RESPONDING TO CASES OF MISSING OR MURDERED
INDIANS.
(a) In General.--Not later than 60 days after the date on which the
consultation described in section 4(b)(1) is completed, the Attorney
General shall direct United States attorneys to develop regionally
appropriate guidelines to respond to cases of missing or murdered
Indians that shall include--
(1) guidelines on inter-jurisdictional cooperation among
law enforcement agencies at the Tribal, Federal, State, and
local levels, including inter-jurisdictional enforcement of
protection orders and detailing specific responsibilities of
each law enforcement agency;
(2) best practices in conducting searches for missing
persons on and off Indian land;
(3) standards on the collection, reporting, and analysis of
data and information on missing persons and unidentified human
remains, and information on culturally appropriate
identification and handling of human remains identified as
Indian, including guidance stating that all appropriate
information related to missing or murdered Indians be entered
in a timely manner into applicable databases;
(4) guidance on which law enforcement agency is responsible
for inputting information into appropriate databases under
paragraph (3) if the Tribal law enforcement agency does not
have access to those appropriate databases;
(5) guidelines on improving law enforcement agency response
rates and follow-up responses to cases of missing or murdered
Indians; and
(6) guidelines on ensuring access to culturally appropriate
victim services for victims and their families.
(b) Consultation.--United States attorneys shall develop the
guidelines required under subsection (a) in consultation with Indian
Tribes and other relevant partners, including--
(1) the Department of Justice;
(2) the Federal Bureau of Investigation;
(3) the Department of the Interior;
(4) the Bureau of Indian Affairs;
(5) Tribal, State, and local law enforcement agencies;
(6) medical examiners;
(7) coroners;
(8) Tribal, State, and local organizations that provide
victim services; and
(9) national, regional, or urban Indian organizations with
relevant expertise.
(c) Compliance.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the United States attorneys shall
implement, by incorporating into office policies and
procedures, the guidelines developed under subsection (a).
(2) Modification.--Each Federal law enforcement agency
shall modify the guidelines, policies, and protocols of the
agency to incorporate the guidelines developed under subsection
(a).
(3) Determination.--Not later than the end of each fiscal
year beginning after the date the guidelines are established
under this section and incorporated under this subsection, upon
the request of a Tribal, State, or local law enforcement
agency, the Attorney General shall determine whether the
Tribal, State, or local law enforcement agency seeking
recognition of compliance has incorporated guidelines into
their respective guidelines, policies, and protocols.
(d) Accountability.--Not later than 30 days after compliance
determinations are made each fiscal year in accordance with subsection
(c)(3), the Attorney General shall--
(1) disclose and publish, including on the website of the
Department of Justice, the name of each Tribal, State, or local
law enforcement agency that the Attorney General has determined
has incorporated guidelines in accordance with subsection
(c)(3);
(2) disclose and publish, including on the website of the
Department of Justice, the name of each Tribal, State, or local
law enforcement agency that has requested a determination in
accordance with subsection (c)(3) that is pending;
(3) collect the guidelines into a resource of examples and
best practices that can be used by other law enforcement
agencies seeking to create and implement such guidelines.
(e) Training and Technical Assistance.--The Attorney General shall
use the National Indian Country Training Initiative to provide training
and technical assistance to Indian Tribes and law enforcement agencies
on--
(1) implementing the guidelines developed under subsection
(a) or developing and implementing locally specific guidelines
or protocols for responding to cases of missing or murdered
Indians; and
(2) using the National Missing and Unidentified Persons
System and accessing program services that will assist Indian
Tribes with responding to cases of missing or murdered Indians.
(f) Guidelines From Indian Tribes.--
(1) In general.--Indian Tribes may submit their own
guidelines to respond to cases of missing or murdered Indians
to the Attorney General.
(2) Publication.--Upon receipt of any guidelines from an
Indian Tribe, the Attorney General shall publish the guidelines
on the website of the Department of Justice in 1 centralized
location to make the guidelines available as a resource to any
Federal agency, State, or Tribal government.
SEC. 6. ANNUAL REPORTING REQUIREMENTS.
(a) Annual Reporting.--Beginning in the first fiscal year after the
date of enactment of this Act, the Attorney General shall include in
its annual Indian Country Investigations and Prosecutions report to
Congress information that--
(1) includes known statistics on missing Indians in the
United States, available to the Department of Justice,
including--
(A) age;
(B) gender;
(C) Tribal enrollment information or affiliation,
if available;
(D) the current number of open cases per State;
(E) the total number of closed cases per State each
calendar year, from the most recent 10 calendar years;
and
(F) other relevant information the Attorney General
determines is appropriate;
(2) includes known statistics on murdered Indians in the
United States, available to the Department of Justice,
including--
(A) age;
(B) gender;
(C) Tribal enrollment information or affiliation,
if available;
(D) the current number of open cases per State;
(E) the total number of closed cases per State each
calendar year, from the most recent 10 calendar years;
and
(F) other relevant information the Attorney General
determines is appropriate;
(3) maintains victim privacy to the greatest extent
possible by excluding information that can be used on its own
or with other information to identify, contact, or locate a
single person, or to identify an individual in context; and
(4) includes--
(A) an explanation of why the statistics described
in paragraph (1) may not be comprehensive; and
(B) recommendations on how data collection on
missing or murdered Indians may be improved.
(b) Compliance.--
(1) In general.--Beginning in the first fiscal year after
the date of enactment of this Act, and annually thereafter, for
the purpose of compiling accurate data for the annual report
required under subsection (a), the Attorney General shall
request all Tribal, State, and local law enforcement agencies
to submit to the Department of Justice, to the fullest extent
possible, all relevant information pertaining to missing or
murdered Indians collected by the Tribal, State, and local law
enforcement agency, and in a format provided by the Department
of Justice that ensures the streamlining of data reporting.
(2) Disclosure.--The Attorney General shall disclose and
publish annually, including on the website of the Department of
Justice, the name of each Tribal, State, or local law
enforcement agency that the Attorney General has determined has
submitted the information requested under paragraph (1) for the
fiscal year in which the report was published.
(c) Inclusion of Gender in Missing and Unidentified Persons
Statistics.--Beginning in the first calendar year after the date of
enactment of this Act, and annually thereafter, the Federal Bureau of
Investigation shall include gender in its annual statistics on missing
and unidentified persons published on its public website.
SEC. 7. IMPLEMENTATION AND INCENTIVE.
(a) Grant Authority.--Section 2101(b) of the Omnibus Crime Control
and Safe Streets Act of 1968 (34 U.S.C. 10461(b)) is amended by adding
at the end the following:
``(23) To develop, strengthen, and implement policies,
protocols, and training for law enforcement regarding cases of
missing or murdered Indians, as described in section 5 of
Savanna's Act.
``(24) To compile and annually report data to the Attorney
General related to missing or murdered Indians, as described in
section 6 of Savanna's Act.''.
(b) Grants to Indian Tribal Governments.--Section 2015 of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10452(a))
is amended--
(1) in paragraph (9), by striking ``and'' at the end;
(2) in paragraph (10), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(11) develop, strengthen, and implement policies,
protocols, and training for law enforcement regarding cases of
missing or murdered Indians, as described in section 5 of
Savanna's Act; and
``(12) compile and annually report data to the Attorney
General related to missing or murdered Indians, as described in
section 6 of Savanna's Act.''.
Calendar No. 407
116th CONGRESS
2d Session
S. 227
[Report No. 116-206]
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A BILL
To direct the Attorney General to review, revise, and develop law
enforcement and justice protocols appropriate to address missing and
murdered Indians, and for other purposes.
_______________________________________________________________________
January 15, 2020
Reported with an amendment