[Congressional Record Volume 164, Number 193 (Thursday, December 6, 2018)]
[Senate]
[Pages S7365-S7367]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SAVANNA'S ACT
Mr. CORNYN. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 715, S. 1942.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 1942) 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.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Indian Affairs, with an
amendment to strike all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as ``Savanna's Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) On some reservations, Indian women are murdered at more
than 10 times the national average.
(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.
(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.
(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.
(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.
(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--
(A) necessary training, equipment, or funding;
(B) a lack of interagency cooperation; and
(C) a lack of appropriate laws in place.
(7) The complicated jurisdictional scheme that exists in
Indian country--
(A) has a significant negative impact on the ability to
provide public safety to Indian communities;
(B) has been increasingly exploited by criminals; and
(C) requires a high degree of commitment and cooperation
among Tribal, Federal, and State law enforcement officials.
(b) 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 and 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 and murdered Indians; and
(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.
SEC. 3. DEFINITIONS.
In this Act:
(1) 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 and murdered Indians, including that under the
Violent Criminal Apprehension Program and the National
Missing and Unidentified Persons System.
(2) Indian.--The term ``Indian'' means a member of an
Indian Tribe.
(3) Indian country.--The term ``Indian country'' has the
meaning given the term in section 1151 of title 18, United
States Code.
(4) Indian land.--The term ``Indian land'' means--
(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
(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).
(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).
(6) 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) 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
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(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
notify United States citizens of the National Missing and
Unidentified Persons System; and
(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.
SEC. 5. GUIDELINES FOR RESPONDING TO CASES OF MISSING AND
MURDERED INDIANS.
(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--
(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 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 and 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 and
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 Federal partners, including--
(1) the Department of Justice;
(2) the Federal Bureau of Investigation;
(3) the Bureau of Indian Affairs;
(4) Tribal, State, and local law enforcement agencies;
(5) medical examiners;
(6) coroners; and
(7) Tribal, State, and local organizations that provide
victim services.
(c) Compliance.--
(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.
(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,
the Attorney General shall determine whether each Tribal,
State, and local law enforcement agency has incorporated
guidelines into their respective guidelines, policies, and
protocols.
(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.
(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 not incorporated guidelines in accordance with
subsection (c)(3); and
(2) if a law enforcement agency described in paragraph (1)
subsequently receives a determination of compliance, the
Attorney General shall--
(A) immediately correct the applicable record; and
(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.
(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
and 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 and murdered
Indians.
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 and
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 required,
as determined by the Attorney General.
(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.
(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.
(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.
Mr. CORNYN. Mr. President, I ask unanimous consent that the
committee-reported substitute amendment be agreed to and the bill, as
amended, be considered read a third time.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendment in the nature of a substitute was
agreed to.
The bill was ordered to be engrossed for a third reading and was read
the third time.
Mr. CORNYN. Mr. President, I know of no further debate on the bill,
as amended.
The PRESIDING OFFICER. Is there further debate?
Hearing none, the bill having been read the third time, the question
is, Shall the bill pass?
The bill (S. 1942), as amended, was passed.
Mr. CORNYN. Mr. President, I ask unanimous consent the motion to
reconsider be considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
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