[House Report 116-508]
[From the U.S. Government Publishing Office]
116th Congress } { Rept. 116-508
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
SAVANNA'S ACT
_______
September 16, 2020.--Ordered to be printed
_______
Mr. Nadler, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 2733]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 2733) 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, having considered the same, reports favorably
thereon with an amendment and recommends that the bill as
amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 5
Background and Need for the Legislation.......................... 5
Hearings......................................................... 6
Committee Consideration.......................................... 6
Committee Votes.................................................. 6
Committee Oversight Findings..................................... 6
New Budget Authority and Tax Expenditures and Congressional
Budget Office Cost Estimate.................................... 7
Duplication of Federal Programs.................................. 7
Performance Goals and Objectives................................. 7
Advisory on Earmarks............................................. 7
Section-by-Section Analysis...................................... 7
Changes in Existing Law Made by the Bill, as Reported............ 9
Committee Correspondence......................................... 17
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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(b)) 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(a) 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.''
Purpose and Summary
H.R. 2733, Savanna's Act, would bolster the federal
government's response to the crisis of missing and murdered
Native American women by improving tribal access to crime
information databases; developing law enforcement guidelines
for responding to missing and murdered Native Americans and
Alaska Natives; and increasing data collection on these crimes.
The Amendment in the Nature of a Substitute (ANS) for H.R.
2733 requires data collection on missing and murdered American
Indians and Alaska Natives, and the development of
recommendations on how to improve such data collection, to be
included in an annual report to Congress. It would also require
law enforcement training on how to record the tribal enrollment
information of victims in federal databases and would mandate
that the Attorney General consult with tribes on how to improve
relevance and access to federal databases. Savanna's Act would
mandate the creation of standardized, regionally appropriate
guidelines for responding to cases of missing or murdered
American Indians and Alaska Natives, in consultation with
tribes, to include guidance on inter-jurisdictional cooperation
among tribes and federal, state, and local law enforcement.
Savanna's Act would ensure that resources are available for
cases of missing and murdered Native Americans throughout the
country, and not just those within Indian Country.\1\ Notably,
these provisions would also ensure that law enforcement
agencies have the resources they need to implement the
guidelines and data reporting requirements of the bill.
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\1\The term ``Indian Country'' is defined in federal law at 18
U.S.C. Sec. 1151.
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Background and Need for the Legislation
Savanna's Act is named in honor of Savanna LaFontaine-
Greywind, a member of the Spirit Lake Tribe, who vanished from
her apartment in Fargo, North Dakota while eight months
pregnant.\2\ Eight days after she disappeared, her body was
found wrapped in plastic in the Red River.\3\ The baby, who had
been cut of Savanna before she died, survived.\4\ Savanna's
tragic death gained national attention and galvanized the
community. Sadly, hers was one of many cases of missing or
murdered Native women.
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\2\See U.S. Senate Comm. on Indian Affairs, Report to Accompany S.
227, 116th Congress (Jan. 15, 2020).
\3\See id.
\4\See Kyle Swenson, Fargo Woman Lured Pregnant Neighbor to Her
Apartment, Killed Her, and Took Her Unborn Baby, Wash. Post (Dec. 12,
2017), https://www.washingtonpost.com/news/morning-mix/wp/2017/12/12/
fargo-woman-lured-pregnant-neighbor-to-her-apartment-killed-her-and-
took-her-unborn-baby/.
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Legislation is needed to address the paucity of data and
information on missing Native Americans in the United States.
The limited data available shows violence against Native
Americans is higher than against other racial and ethnic
categories.\5\ In some tribal communities, Native American
women experience murder rates that are more than ten times the
national average.\6\ Native American women are also two times
more likely than other groups to experience rape or sexual
assault and two-and-a-half times more likely than others to
experience violent crimes in their lifetimes.\7\
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\5\Andre B. Rosay, Nat'l Inst. of Justice, U.S. Dep't of Justice,
Violence Against American Indian and Alaska Native Women and Men 2010
Findings from the National Intimate Partner and Sexual Violence Survey
(May 2016).
\6\Indian Law Resource Center, Ending Violence Against Native
Women, https://indianlaw.org/issue/ending-violence-against-native-women
(last visited Jul. 10, 2020).
\7\See Rosay, supra note 5.
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The crisis of missing and murdered Native Americans has
drawn so much national attention that the Trump Administration
recently created a task force, under an initiative it calls
``Operation Lady Justice,'' to coordinate the efforts of the
Department of Interior (including the Bureau of Indian Affairs
(BIA)), the Department of Justice (DOJ), and other federal
agencies, such as the Department of Health and Human
Services.\8\ The task force held its first meeting in January
2020 and is slated to work with tribal leaders to develop new
protocols on how to handle new and unsolved cases of missing
and murdered persons in Indian Country, including Alaska Native
villages; re-examine how law enforcement agencies collect data
on these cases; and create a team to revisit cold cases.\9\
---------------------------------------------------------------------------
\8\Stephanie Ebbs, Trump Administration Launches Task Force on
Missing, Murdered Indigenous Peoples: `Operation Lady Justice,' ABC
News (Jan. 2020), https://abcnews.go.com/Politics/trump-administration-
launches-task-force-missing-murdered-indigenous/story?id=68617962.
\9\Id.
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Hearings
On July 16, 2019, the Subcommittee on Crime, Terrorism, and
Homeland Security held a hearing titled, ``Women and Girls in
the Criminal Justice System,'' which helped develop the
substance of Savanna's Act.
Committee Consideration
On March 11, 2020, the Committee met in open session and
ordered the bill, H.R. 2733, favorably reported, an amendment
in the nature of a substitute, by a voice vote, a quorum being
present.
Committee Votes
No record votes occurred during the Committee's
consideration of H.R. 2733.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures and Congressional Budget
Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office (CBO). The Committee
has requested but not received from the Director of the CBO a
statement as to whether this bill contains any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee reports that the
Director of the Congressional Budget Office, under section 402
of the Congressional Budget Act of 1974, provided no report or
analysis with respect to the bill, H.R. 2733.
Duplication of Federal Programs
No provision of H.R. 2733 establishes or reauthorizes a
program of the Federal government known to be duplicative of
another federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
2733 would facilitate law enforcement's ability to improve data
collection and develop guidelines and best practices pertaining
to instances of missing and murdered Native Americans and
Alaska Natives, in order to improve the response to these
crimes by Federal, State, Tribal, and local law enforcement.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 2733 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Section 1. Short Title. Section 1 of the bill contains the
title, ``Savanna's Act.''
Sec. 2. Purpose. The bill intends to clarify the
responsibilities of Federal, State, Tribal, and local law
enforcement agencies with respect to responding to cases of
missing or murdered Indians; increase coordination and
communication among law enforcement agencies including medical
examiner and coroner offices; empower tribal governments with
the resources and information necessary to respond to cases of
missing or murdered Indians; and increase the collection of
data related to missing and murdered Indians, and the sharing
of information among Federal, State, and Tribal officials
responsible for investigating these cases.
Sec. 3. Definitions. This section provides definitions for
use throughout the bill, including specifying the databases
that are covered by the legislation, defining ``Indian
Country,'' ``Indian land,'' and ``Indian tribe'' to comport
with the definitions in other parts of the federal code, and
defining law enforcement agencies broadly, to incorporate
Tribal, Federal, State, or local law enforcement.
Sec. 4. Improving tribal access to databases. This section
requires the Attorney General to provide training to law
enforcement agencies regarding how to record the tribal
enrollment information or affiliation of victims in Federal
databases; in cooperation with the Secretary of the Interior,
complete a formal consultation with Indian Tribes and confer
with Tribal organizations and urban Indian organizations,
within 180 days of the enactment of the Act, on how to improve
Tribal data relevance and access to databases; incorporate
additional topics into annual consultations with Indian Tribes
required by the Violence Against Women Act; and develop and
implement a strategy to educate the public about the National
Missing and Unidentified Persons System (NamUs); and conduct
outreach to Indian Tribes, tribal organizations, and urban
Indian organizations, on the ability to publicly enter
information regarding missing persons through NamUs or other
non-law-enforcement-sensitive portals.
Sec. 5. Guidelines for responding to cases of missing and
murdered indians. Sections 5(a) and 5(b) require the Attorney
General to direct United States Attorneys to develop, in
consultation with Indian Tribes and relevant partners,
regionally appropriate guidelines to respond to cases of
murdered and missing Indians, including: guidelines on inter-
jurisdictional cooperation among law enforcement agencies
(LEAs) at the Tribal, Federal, State, and local levels; best
practices in conducting searches for missing persons on and off
Indian land; standards on the collection, reporting, and
analysis of data and information on missing persons and
unidentified human remains, and culturally appropriate
identification and handling of human remains identified as
Indian, including guidance that all appropriate information
related to missing or murdered Indians be entered in a timely
manner into applicable databases; guidance on which LEA is
responsible for inputting information into databases,
guidelines on improving LEA response rates and follow-up to
cases of missing and murdered Indians; and guidelines on
ensuring access to culturally appropriate victim services.
Section 5(c) requires U.S. Attorneys to incorporate the
guidelines developed under section 5(a) into their office
policies and procedures and requires each Federal LEA to modify
its existing guidelines, policies, and protocols to also
incorporate the guidelines developed under section 5(a).
Section 5(c) also requires the Attorney General to determine
whether those LEAs that request recognition of compliance have
incorporated the guidelines into their respective guidelines,
policies, and protocols.
Section 5(d) directs the Attorney General to disclose and
publish each fiscal year a list of LEAs that have been
determined under section 5(c) to have incorporated the
guidelines, or that are pending compliance. Section 5(d) also
directs the Attorney General to collect the implemented
guidelines as a resource for best practices that can be used by
other LEAs.
Section 5(e) makes available training and technical
assistance to Indian Tribes and LEAs through the National
Indian Country Training Initiative, to implement the guidelines
or develop and implement locally-specific guidelines or
protocols for responding to cases of missing or murdered
Indians and using NamUs for that purpose. This section also
allows Indian Tribes to submit their own guidelines to respond
to cases of missing or murdered Indians to the Attorney
General. The Attorney General would collect and publish these
guidelines in one centralized location as a resource for any
Federal agency, State, or Tribal government.
Sec. 6. Annual reporting requirements. This section
requires the Attorney General to collect and make public (in a
manner that maintains victim privacy to the greatest extent
possible) annual data on missing and murdered Indians in the
United States, in DOJ's Indian Country Investigations and
Prosecutions report to Congress, including recommendations on
how data collection might be improved. Additionally, this
section requires the Attorney General to include known
statistics on missing and murdered Indians by gender, age,
tribal enrollment information, number of open cases per state,
total number of closed cases, and other relevant information
the Attorney General deems appropriate. Section 6 also requires
the Attorney General to explain why statistics pertaining to
missing Indians may not be comprehensive.
Section 6(b) directs the Attorney General to request all
Tribal, State, and local LEAs to submit to DOJ all relevant
information pertaining to missing or murdered Indians they have
collected and to disclose and publish annually, including on
the DOJ website, the name of each LEA that submitted such
information.
Section 6(c) requires the FBI to include gender in the
annual statistics on missing and unidentified persons it
publishes annual on its public website.
Sec. 7. Implementation and incentive. This section adds two
new purpose areas to two DOJ grant programs, specifically
allowing grantees to use funds to implement policies,
protocols, and training for law enforcement regarding cases of
missing or murdered Indians, and to compile and report data to
the Attorney General.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
SECTION 903 OF THE VIOLENCE AGAINST WOMEN AND DEPARTMENT OF JUSTICE
REAUTHORIZATION ACT OF 2005
SEC. 903. CONSULTATION
(a) In general.--The Attorney General shall conduct annual
consultations with Indian tribal governments concerning the
Federal administration of tribal funds and programs established
under this Act, the Violence Against Women Act of 1994 (title
IV of Public Law 103-322; 108 Stat. 1902), the Violence Against
Women Act of 2000 (division B of Public Law 106-386; 114 Stat.
1491), and the Violence Against Women Reauthorization Act of
2013.
(b) Recommendations.--During consultations under subsection
(a), the Secretary of Health and Human Services, the Secretary
of the Interior, and the Attorney General shall solicit
recommendations from Indian tribes concerning--
(1) administering tribal funds and programs;
[(2) enhancing the safety of Indian women from
domestic violence, dating violence, sexual assault,
stalking, and sex trafficking; and]
(2) enhancing the safety of Indian women from
domestic violence, dating violence, sexual assault,
homicide, stalking, and sex trafficking;
(3) strengthening the Federal response to such
violent crimes[.]; and
(4) improving access to local, regional, State, and
Federal crime information databases and criminal
justice information systems.
(c) Annual Report.--The Attorney General shall submit to
Congress an annual report on the annual consultations required
under subsection (a) that--
(1) contains the recommendations made under
subsection (b) by Indian tribes during the year covered
by the report;
(2) describes actions taken during the year covered
by the report to respond to recommendations made under
subsection (b) during the year or a previous year; and
(3) describes how the Attorney General will work in
coordination and collaboration with Indian tribes, the
Secretary of Health and Human Services, and the
Secretary of the Interior to address the
recommendations made under subsection (b).
(d) Notice.--Not later than 120 days before the date of a
consultation under subsection (a), the Attorney General shall
notify tribal leaders of the date, time, and location of the
consultation.
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OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968
* * * * * * *
TITLE I--JUSTICE SYSTEM IMPROVEMENT
* * * * * * *
Part T--Grants To Combat Violent Crimes Against Women
* * * * * * *
SEC. 2015. GRANTS TO INDIAN TRIBAL GOVERNMENTS.
(a) Grants.--The Attorney General may make grants to Indian
tribal governments or authorized designees of Indian tribal
governments to--
(1) develop and enhance effective governmental
strategies to curtail violent crimes against and
increase the safety of Indian women consistent with
tribal law and custom;
(2) increase tribal capacity to respond to domestic
violence, dating violence, sexual assault, sex
trafficking, and stalking crimes against Indian women;
(3) strengthen tribal justice interventions including
tribal law enforcement, prosecution, courts, probation,
correctional facilities;
(4) enhance services to Indian women victimized by
domestic violence, dating violence, sexual assault, sex
trafficking, and stalking;
(5) work in cooperation with the community to develop
education and prevention strategies directed toward
issues of domestic violence, dating violence, sexual
assault, sex trafficking, and stalking;
(6) provide programs for supervised visitation and
safe visitation exchange of children in situations
involving domestic violence, sexual assault, or
stalking committed by one parent against the other with
appropriate security measures, policies, and procedures
to protect the safety of victims and their children;
(7) provide transitional housing for victims of
domestic violence, dating violence, sexual assault, sex
trafficking, or stalking, including rental or utilities
payments assistance and assistance with related
expenses such as security deposits and other costs
incidental to relocation to transitional housing, and
support services to enable a victim of domestic
violence, dating violence, sexual assault, sex
trafficking, or stalking to locate and secure permanent
housing and integrate into a community;
(8) provide legal assistance necessary to provide
effective aid to victims of domestic violence, dating
violence, stalking, sex trafficking, or sexual assault
who are seeking relief in legal matters arising as a
consequence of that abuse or violence, at minimal or no
cost to the victims;
(9) provide services to address the needs of youth
who are victims of domestic violence, dating violence,
sexual assault, sex trafficking, or stalking and the
needs of youth and children exposed to domestic
violence, dating violence, sexual assault, or stalking,
including support for the nonabusing parent or the
caretaker of the youth or child; [and]
(10) develop and promote legislation and policies
that enhance best practices for responding to violent
crimes against Indian women, including the crimes of
domestic violence, dating violence, sexual assault, sex
trafficking, and stalking[.];
(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.
(b) Collaboration.--All applicants under this section shall
demonstrate their proposal was developed in consultation with a
nonprofit, nongovernmental Indian victim services program,
including sexual assault and domestic violence victim services
providers in the tribal or local community, or a nonprofit
tribal domestic violence and sexual assault coalition to the
extent that they exist. In the absence of such a demonstration,
the applicant may meet the requirement of this subsection
through consultation with women in the community to be served.
* * * * * * *
PART U--GRANTS TO ENCOURAGE ARREST POLICIES
SEC. 2101. GRANTS.
(a) Purpose.--The purpose of this part is to encourage
States, Indian tribal governments, State and local courts
(including juvenile courts), tribal courts, and units of local
government to treat domestic violence, dating violence, sexual
assault, and stalking as serious violations of criminal law.
(b) Grant Authority.--The Attorney General may make grants to
eligible grantees for the following purposes:
(1) To implement proarrest programs and policies in
police departments, including policies for protection
order violations and enforcement of protection orders
across State and tribal lines.
(2) To develop policies, educational programs,
protection order registries, data collection systems,
and training in police departments to improve tracking
of cases and classification of complaints involving
domestic violence, dating violence, sexual assault, and
stalking. Policies, educational programs, protection
order registries, and training described in this
paragraph shall incorporate confidentiality, and
privacy protections for victims of domestic violence,
dating violence, sexual assault, and stalking.
(3) To centralize and coordinate police enforcement,
prosecution, or judicial responsibility for domestic
violence, dating violence, sexual assault, and stalking
cases in teams or units of police officers,
prosecutors, parole and probation officers, or judges.
(4) To coordinate computer tracking systems and
provide the appropriate training and education about
domestic violence, dating violence, sexual assault, and
stalking to ensure communication between police,
prosecutors, parole and probation officers, and both
criminal and family courts.
(5) To strengthen legal advocacy service programs and
other victim services for victims of domestic violence,
dating violence, sexual assault, and stalking,
including strengthening assistance to such victims in
immigration matters.
(6) To educate Federal, State, tribal, territorial,
and local judges, courts, and court-based and court-
related personnel in criminal and civil courts
(including juvenile courts) about domestic violence,
dating violence, sexual assault, and stalking and to
improve judicial handling of such cases.
(7) To provide technical assistance and computer and
other equipment to police departments, prosecutors,
courts, and tribal jurisdictions to facilitate the
widespread enforcement of protection orders, including
interstate enforcement, enforcement between States and
tribal jurisdictions, and enforcement between tribal
jurisdictions.
(8) To develop or strengthen policies and training
for police, prosecutors, and the judiciary in
recognizing, investigating, and prosecuting instances
of domestic violence dating violence, sexual assault,
and stalking against older individuals (as defined in
section 102 of the Older Americans Act of 1965 (42
U.S.C. 3002)) and individuals with disabilities (as
defined in section 3(2) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102(2))).
(9) To develop State, tribal, territorial, or local
policies, procedures, and protocols for preventing dual
arrests and prosecutions in cases of domestic violence,
dating violence, sexual assault, and stalking, and to
develop effective methods for identifying the pattern
and history of abuse that indicates which party is the
actual perpetrator of abuse.
(10) To plan, develop and establish comprehensive
victim service and support centers, such as family
justice centers, designed to bring together victim
advocates from victim service providers, staff from
population specific organizations, law enforcement
officers, prosecutors, probation officers, governmental
victim assistants, forensic medical professionals,
civil legal attorneys, chaplains, legal advocates,
representatives from community-based organizations and
other relevant public or private agencies or
organizations into one centralized location, in order
to improve safety, access to services, and
confidentiality for victims and families. Although
funds may be used to support the colocation of project
partners under this paragraph, funds may not support
construction or major renovation expenses or activities
that fall outside of the scope of the other statutory
purpose areas.
(11) To develop and implement policies and training
for police, prosecutors, probation and parole officers,
and the judiciary in recognizing, investigating, and
prosecuting instances of sexual assault, with an
emphasis on recognizing the threat to the community for
repeat crime perpetration by such individuals.
(12) To develop, enhance, and maintain protection
order registries.
(13) To develop human immunodeficiency virus (HIV)
testing programs for sexual assault perpetrators and
notification and counseling protocols.
(14) To develop and implement training programs for
prosecutors and other prosecution-related personnel
regarding best practices to ensure offender
accountability, victim safety, and victim consultation
in cases involving domestic violence, dating violence,
sexual assault, and stalking.
(15) To develop or strengthen policies, protocols,
and training for law enforcement, prosecutors, and the
judiciary in recognizing, investigating, and
prosecuting instances of domestic violence, dating
violence, sexual assault, and stalking against
immigrant victims, including the appropriate use of
applications for nonimmigrant status under
subparagraphs (T) and (U) of section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).
(16) To develop and promote State, local, or tribal
legislation and policies that enhance best practices
for responding to the crimes of domestic violence,
dating violence, sexual assault, and stalking,
including the appropriate treatment of victims.
(17) To develop, implement, or enhance sexual assault
nurse examiner programs or sexual assault forensic
examiner programs, including the hiring and training of
such examiners.
(18) To develop, implement, or enhance Sexual Assault
Response Teams or similar coordinated community
responses to sexual assault.
(19) To develop and strengthen policies, protocols,
and training for law enforcement officers and
prosecutors regarding the investigation and prosecution
of sexual assault cases and the appropriate treatment
of victims.
(20) To provide human immunodeficiency virus testing
programs, counseling, and prophylaxis for victims of
sexual assault.
(21) To identify and inventory backlogs of sexual
assault evidence collection kits and to develop
protocols for responding to and addressing such
backlogs, including policies and protocols for
notifying and involving victims.
(22) To develop multidisciplinary high-risk teams
focusing on reducing domestic violence and dating
violence homicides by--
(A) using evidence-based indicators to assess
the risk of homicide and link high-risk victims
to immediate crisis intervention services;
(B) identifying and managing high-risk
offenders; and
(C) providing ongoing victim advocacy and
referrals to comprehensive services including
legal, housing, health care, and economic
assistance.
(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.
(c) Eligibility.--Eligible grantees are--
(1) States, Indian tribal governments State and local
courts (including juvenile courts), or units of local
government that--
(A) except for a court, certify that their laws or
official policies--
(i) encourage or mandate arrests of domestic
violence offenders based on probable cause that
an offense has been committed; and
(ii) encourage or mandate arrest of domestic
violence offenders who violate the terms of a
valid and outstanding protection order;
(B) except for a court, demonstrate that their laws,
policies, or practices and their training programs
discourage dual arrests of offender and victim;
(C) certify that their laws, policies, or practices
prohibit issuance of mutual restraining orders of
protection except in cases where both parties file a
claim and the court makes detailed findings of fact
indicating that both parties acted primarily as
aggressors and that neither party acted primarily in
self-defense;
(D) certify that their laws, policies, and practices
do not require, in connection with the prosecution of
any misdemeanor or felony domestic violence, dating
violence, sexual assault, or stalking offense, or in
connection with the filing, issuance, registration,
modification, enforcement, dismissal, or service of a
protection order, or a petition for a protection order,
to protect a victim of domestic violence, dating
violence, stalking, or sexual assault, that the victim
bear the costs associated with the filing of criminal
charges against the offender, or the costs associated
with the filing, issuance, registration, modification,
enforcement, dismissal, or service of a warrant,
protection order, petition for a protection order, or
witness subpoena, whether issued inside or outside the
State, tribal, or local jurisdiction;
(E) certify that, not later than 3 years after the
date of enactment of this section, their laws,
policies, or practices will ensure that--
(i) no law enforcement officer, prosecuting
officer or other government official shall ask
or require an adult, youth, or child victim of
a sex offense as defined under Federal, tribal,
State, territorial, or local law to submit to a
polygraph examination or other truth telling
device as a condition for proceeding with the
investigation of, trial of, or sentencing for
such an offense; and
(ii) the refusal of a victim to submit to an
examination described in clause (i) shall not
prevent the investigation of, trial of, or
sentencing for the offense; and
(2) a State, tribal, or territorial domestic violence
or sexual assault coalition or a victim service
provider that partners with a State, Indian tribal
government, or unit of local government that certifies
that the State, Indian tribal government, or unit of
local government meets the requirements under paragraph
(1).
(d) Speedy Notice to Victims.--A State or unit of local
government shall not be entitled to 5 percent of the funds
allocated under this part unless the State or unit of local
government--
(1) certifies that it has a law, policy, or
regulation that requires--
(A) the State or unit of local government at
the request of a victim to administer to a
defendant, against whom an information or
indictment is presented for a crime in which by
force or threat of force the perpetrator
compels the victim to engage in sexual
activity, testing for the immunodeficiency
virus (HIV) not later than 48 hours after the
date on which the information or indictment is
presented and the defendant is in custody or
has been served with the information or
indictment;
(B) as soon as practicable notification to
the victim, or parent and guardian of the
victim, and defendant of the testing results;
and
(C) follow-up tests for HIV as may be
medically appropriate, and that as soon as
practicable after each such test the results be
made available in accordance with subparagraph
(B); or
(2) gives the Attorney General assurances that its
laws and regulations will be in compliance with
requirements of paragraph (1) within the later of--
(A) the period ending on the date on which
the next session of the State legislature ends;
or
(B) 2 years.
(e) Allotment for Indian Tribes.--
(1) In general.--Not less than 10 percent of the
total amount available under this section for each
fiscal year shall be available for grants under the
program authorized by section 2015.
(2) Applicability of part.--The requirements of this
part shall not apply to funds allocated for the program
described in paragraph (1).
(f) Allocation for Tribal Coalitions.--Of the amounts
appropriated for purposes of this part for each fiscal year,
not less than 5 percent shall be available for grants under
section 2001 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg).
(g) Allocation for Sexual Assault.--Of the amounts
appropriated for purposes of this part for each fiscal year,
not less than 25 percent shall be available for projects that
address sexual assault, including stranger rape, acquaintance
rape, alcohol or drug-facilitated rape, and rape within the
context of an intimate partner relationship.
* * * * * * *
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