    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 116-165
    116th Congress

    An Act

    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, <>
    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.

    [[Page 761]]

    (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.

    [[Page 762]]

    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,

    [[Page 763]]

    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;

    [[Page 764]]

    (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.''.

    [[Page 765]]

    (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.''.

    Approved October 10, 2020.

    LEGISLATIVE HISTORY--S. 227 (H.R. 2733):
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 116-508, Pt. 1 (Comm. on the Judiciary) accompanying
    H.R. 2733.
    SENATE REPORTS: No. 116-206 (Comm. on Indian Affairs).
    CONGRESSIONAL RECORD, Vol. 166 (2020):
    Mar. 11, considered and passed Senate.
    Sept. 21, considered and passed House.