Summary and Impacts
Original Text
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 227 Enrolled Bill (ENR)]

        S.227

                     One Hundred Sixteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Friday,
            the third day of January, two thousand and twenty


                                 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.
        (5) Indian land.--The term ``Indian land'' means Indian lands, 
    as defined in section 3 of the Native American Business 
    Development, Trade Promotion, and Tourism Act of 2000 (25 U.S.C. 
    4302).
        (6) Indian tribe.--The term ``Indian Tribe'' has the meaning 
    given the term ``Indian tribe'' in section 4 of the Indian Self-
    Determination and Education Assistance Act (25 U.S.C. 5304).
        (7) Law enforcement agency.--The term ``law enforcement 
    agency'' means a Tribal, Federal, State, or local law enforcement 
    agency.
SEC. 4. IMPROVING TRIBAL ACCESS TO DATABASES.
    (a) Tribal Enrollment Information.--The Attorney General shall 
provide training to law enforcement agencies regarding how to record 
the Tribal enrollment information or affiliation, as appropriate, of a 
victim in Federal databases.
    (b) Consultation.--
        (1) Consultation.--Not later than 180 days after the date of 
    enactment of this Act, the Attorney General, in cooperation with 
    the Secretary of the Interior, shall complete a formal consultation 
    with Indian Tribes on how to further improve Tribal data relevance 
    and access to databases.
        (2) Initial confer.--Not later than 180 days after the date of 
    enactment of this Act, the Attorney General, in coordination with 
    the Secretary of the Interior, shall confer with Tribal 
    organizations and urban Indian organizations on how to further 
    improve American Indian and Alaska Native data relevance and access 
    to databases.
        (3) Annual consultation.--Section 903(b) of the Violence 
    Against Women and Department of Justice Reauthorization Act of 2005 
    (34 U.S.C. 20126) is amended--
            (A) by striking paragraph (2) and inserting the following:
        ``(2) enhancing the safety of Indian women from domestic 
    violence, dating violence, sexual assault, homicide, stalking, and 
    sex trafficking;'';
            (B) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (C) by adding at the end the following:
        ``(4) improving access to local, regional, State, and Federal 
    crime information databases and criminal justice information 
    systems.''.
    (c) Notification.--Not later than 180 days after the date of 
enactment of this Act, the Attorney General shall--
        (1) develop and implement a dissemination strategy to educate 
    the public of the National Missing and Unidentified Persons System; 
    and
        (2) conduct specific outreach to Indian Tribes, Tribal 
    organizations, and urban Indian organizations regarding the ability 
    to publicly enter information, through the National Missing and 
    Unidentified Persons System or other non-law enforcement sensitive 
    portal, regarding missing persons, which may include family members 
    and other known acquaintances.
SEC. 5. GUIDELINES FOR RESPONDING TO CASES OF MISSING OR MURDERED 
INDIANS.
    (a) In General.--Not later than 60 days after the date on which the 
consultation described in section 4(b)(1) is completed, the Attorney 
General shall direct United States attorneys to develop regionally 
appropriate guidelines to respond to cases of missing or murdered 
Indians that shall include--
        (1) guidelines on inter-jurisdictional cooperation among law 
    enforcement agencies at the Tribal, Federal, State, and local 
    levels, including inter-jurisdictional enforcement of protection 
    orders and detailing specific responsibilities of each law 
    enforcement agency;
        (2) best practices in conducting searches for missing persons 
    on and off Indian land;
        (3) standards on the collection, reporting, and analysis of 
    data and information on missing persons and unidentified human 
    remains, and information on culturally appropriate identification 
    and handling of human remains identified as Indian, including 
    guidance stating that all appropriate information related to 
    missing or murdered Indians be entered in a timely manner into 
    applicable databases;
        (4) guidance on which law enforcement agency is responsible for 
    inputting information into appropriate databases under paragraph 
    (3) if the Tribal law enforcement agency does not have access to 
    those appropriate databases;
        (5) guidelines on improving law enforcement agency response 
    rates and follow-up responses to cases of missing or murdered 
    Indians; and
        (6) guidelines on ensuring access to culturally appropriate 
    victim services for victims and their families.
    (b) Consultation.--United States attorneys shall develop the 
guidelines required under subsection (a) in consultation with Indian 
Tribes and other relevant partners, including--
        (1) the Department of Justice;
        (2) the Federal Bureau of Investigation;
        (3) the Department of the Interior;
        (4) the Bureau of Indian Affairs;
        (5) Tribal, State, and local law enforcement agencies;
        (6) medical examiners;
        (7) coroners;
        (8) Tribal, State, and local organizations that provide victim 
    services; and
        (9) national, regional, or urban Indian organizations with 
    relevant expertise.
    (c) Compliance.--
        (1) In general.--Not later than 1 year after the date of 
    enactment of this Act, the United States attorneys shall implement, 
    by incorporating into office policies and procedures, the 
    guidelines developed under subsection (a).
        (2) Modification.--Each Federal law enforcement agency shall 
    modify the guidelines, policies, and protocols of the agency to 
    incorporate the guidelines developed under subsection (a).
        (3) Determination.--Not later than the end of each fiscal year 
    beginning after the date the guidelines are established under this 
    section and incorporated under this subsection, upon the request of 
    a Tribal, State, or local law enforcement agency, the Attorney 
    General shall determine whether the Tribal, State, or local law 
    enforcement agency seeking recognition of compliance has 
    incorporated guidelines into their respective guidelines, policies, 
    and protocols.
    (d) Accountability.--Not later than 30 days after compliance 
determinations are made each fiscal year in accordance with subsection 
(c)(3), the Attorney General shall--
        (1) disclose and publish, including on the website of the 
    Department of Justice, the name of each Tribal, State, or local law 
    enforcement agency that the Attorney General has determined has 
    incorporated guidelines in accordance with subsection (c)(3);
        (2) disclose and publish, including on the website of the 
    Department of Justice, the name of each Tribal, State, or local law 
    enforcement agency that has requested a determination in accordance 
    with subsection (c)(3) that is pending;
        (3) collect the guidelines into a resource of examples and best 
    practices that can be used by other law enforcement agencies 
    seeking to create and implement such guidelines.
    (e) Training and Technical Assistance.--The Attorney General shall 
use the National Indian Country Training Initiative to provide training 
and technical assistance to Indian Tribes and law enforcement agencies 
on--
        (1) implementing the guidelines developed under subsection (a) 
    or developing and implementing locally specific guidelines or 
    protocols for responding to cases of missing or murdered Indians; 
    and
        (2) using the National Missing and Unidentified Persons System 
    and accessing program services that will assist Indian Tribes with 
    responding to cases of missing or murdered Indians.
    (f) Guidelines From Indian Tribes.--
        (1) In general.--Indian Tribes may submit their own guidelines 
    to respond to cases of missing or murdered Indians to the Attorney 
    General.
        (2) Publication.--Upon receipt of any guidelines from an Indian 
    Tribe, the Attorney General shall publish the guidelines on the 
    website of the Department of Justice in 1 centralized location to 
    make the guidelines available as a resource to any Federal agency, 
    State, or Tribal government.
SEC. 6. ANNUAL REPORTING REQUIREMENTS.
    (a) Annual Reporting.--Beginning in the first fiscal year after the 
date of enactment of this Act, the Attorney General shall include in 
its annual Indian Country Investigations and Prosecutions report to 
Congress information that--
        (1) includes known statistics on missing Indians in the United 
    States, available to the Department of Justice, including--
            (A) age;
            (B) gender;
            (C) Tribal enrollment information or affiliation, if 
        available;
            (D) the current number of open cases per State;
            (E) the total number of closed cases per State each 
        calendar year, from the most recent 10 calendar years; and
            (F) other relevant information the Attorney General 
        determines is appropriate;
        (2) includes known statistics on murdered Indians in the United 
    States, available to the Department of Justice, including--
            (A) age;
            (B) gender;
            (C) Tribal enrollment information or affiliation, if 
        available;
            (D) the current number of open cases per State;
            (E) the total number of closed cases per State each 
        calendar year, from the most recent 10 calendar years; and
            (F) other relevant information the Attorney General 
        determines is appropriate;
        (3) maintains victim privacy to the greatest extent possible by 
    excluding information that can be used on its own or with other 
    information to identify, contact, or locate a single person, or to 
    identify an individual in context; and
        (4) includes--
            (A) an explanation of why the statistics described in 
        paragraph (1) may not be comprehensive; and
            (B) recommendations on how data collection on missing or 
        murdered Indians may be improved.
    (b) Compliance.--
        (1) In general.--Beginning in the first fiscal year after the 
    date of enactment of this Act, and annually thereafter, for the 
    purpose of compiling accurate data for the annual report required 
    under subsection (a), the Attorney General shall request all 
    Tribal, State, and local law enforcement agencies to submit to the 
    Department of Justice, to the fullest extent possible, all relevant 
    information pertaining to missing or murdered Indians collected by 
    the Tribal, State, and local law enforcement agency, and in a 
    format provided by the Department of Justice that ensures the 
    streamlining of data reporting.
        (2) Disclosure.--The Attorney General shall disclose and 
    publish annually, including on the website of the Department of 
    Justice, the name of each Tribal, State, or local law enforcement 
    agency that the Attorney General has determined has submitted the 
    information requested under paragraph (1) for the fiscal year in 
    which the report was published.
    (c) Inclusion of Gender in Missing and Unidentified Persons 
Statistics.--Beginning in the first calendar year after the date of 
enactment of this Act, and annually thereafter, the Federal Bureau of 
Investigation shall include gender in its annual statistics on missing 
and unidentified persons published on its public website.
SEC. 7. IMPLEMENTATION AND INCENTIVE.
    (a) Grant Authority.--Section 2101(b) of the Omnibus Crime Control 
and Safe Streets Act of 1968 (34 U.S.C. 10461(b)) is amended by adding 
at the end the following:
        ``(23) To develop, strengthen, and implement policies, 
    protocols, and training for law enforcement regarding cases of 
    missing or murdered Indians, as described in section 5 of Savanna's 
    Act.
        ``(24) To compile and annually report data to the Attorney 
    General related to missing or murdered Indians, as described in 
    section 6 of Savanna's Act.''.
    (b) Grants to Indian Tribal Governments.--Section 2015 of the 
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10452(a)) 
is amended--
        (1) in paragraph (9), by striking ``and'' at the end;
        (2) in paragraph (10), by striking the period at the end and 
    inserting a semicolon; and
        (3) by adding at the end the following:
        ``(11) develop, strengthen, and implement policies, protocols, 
    and training for law enforcement regarding cases of missing or 
    murdered Indians, as described in section 5 of Savanna's Act; and
        ``(12) compile and annually report data to the Attorney General 
    related to missing or murdered Indians, as described in section 6 
    of Savanna's Act.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

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