[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

[[Page S7366]]

       (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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