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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2733 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                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.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 14, 2019

Mrs. Torres of California (for herself, Ms. Haaland, Mr. Newhouse, Mr. 
Gallego, Ms. Davids of Kansas, Mr. Gianforte, Mr. Cole, Mr. Armstrong, 
 Ms. McCollum, Mr. Mullin, Mr. Young, Ms. Kuster of New Hampshire, Ms. 
Bass, Mrs. Carolyn B. Maloney of New York, Ms. Bonamici, Ms. Moore, Mr. 
 Ruiz, Ms. DelBene, Mr. Stanton, Mr. Cook, and Ms. Sewell of Alabama) 
 introduced the following bill; which was referred to the Committee on 
 the Judiciary, and in addition to the Committee on Natural Resources, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL

 
   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. 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 and girls 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.
            (8) In states with restrictive land settlement acts such as 
        Maine and Alaska, ``Indian country'' is limited, resources for 
        local tribal responses either nonexistent or insufficient to 
        meet the needs, and jurisdiction is unnecessarily complicated 
        and increases the already high levels of victimization of 
        American Indian and Alaska Native women. According to the 
        Indian Law and Order Commission Report, Alaska Native women are 
        over-represented in the domestic violence victim population by 
        250 percent; they comprise 19 percent of the state population, 
        but are 47 percent of reported rape victims. These issues are 
        further complicated as the Indian Law and Order Commission 
        Report noted that at least 30 percent of villages lack any law 
        enforcement at all.
    (b) Purposes.--The purposes of this Act are--
            (1) to clarify the responsibilities of Federal, State, 
        Tribal, and local governments and 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, including Tribes located in any 
        State known as a ``PL-280 State''; and
            (4) to increase the collection of data related to missing 
        and murdered Indian men, women, and children and the sharing of 
        information among Federal, State, and Tribal officials 
        responsible for responding to and investigating cases of 
        missing and murdered Indians by clarifying and correcting 
        limitation in the Federal database.

SEC. 3. 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) Initial 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, obstruction of justice, 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 
        notify the public 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. 4. GUIDELINES FOR RESPONDING TO CASES OF MISSING AND MURDERED 
              INDIANS.

    (a) In General.--Not later than 60 days after the date on which the 
consultation described in section 902(c)(1) is completed, the Attorney 
General shall direct United States attorneys to develop regionally 
appropriate 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 lands;
            (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 on and off Indian lands;
            (6) guidelines on ensuring access to culturally appropriate 
        victim services for victims and their families; and
            (7) guidelines on improving law enforcement agency 
        communication with families of victims to ensure timely 
        notification and dissemination of appropriate information in 
        the cases of missing and murdered Indians on and off Tribal 
        lands.
    (b) Consultation.--United States attorney shall develop the 
guidelines required under subsection (a) in consultation with Indian 
Tribes and other 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 or regional tribal 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 
        incorporate the guidelines developed under subsection (a) into 
        existing policies and procedures, and implement such 
        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, and 
        any barriers the agency reported in collecting and providing 
        the information.
            (4) Accountability.--Not later than 30 days after 
        compliance determinations are made each fiscal year in 
        accordance with paragraph (3), the Attorney General shall--
                    (A) 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 paragraph (3);
                    (B) if a law enforcement agency described in 
                subparagraph (A) subsequently receives a determination 
                of compliance in accordance with paragraph (3), the 
                Attorney General shall--
                            (i) immediately correct the applicable 
                        record; and
                            (ii) not later than 3 days after the 
                        determination, add the record to the website of 
                        the Department of Justice and any other 
                        location where the record was published; and
                    (C) collect guidelines of each agency into a 
                resource of examples and best practices that can be 
                used by other law enforcement agencies seeking to 
                create and implement such guidelines.
    (d) Training and Technical Assistance.--
            (1) In general.--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--
                    (A) 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
                    (B) 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.
            (2) Exception.--the Attorney General may provide the 
        training described in paragraph (1) through local state law 
        enforcement academies if--
                    (A) the Attorney General determines that the such 
                academies will provide trainings that meet the same 
                standards and utilize the curriculum as trainings 
                provided by the National Indian Country Training 
                Initiative; and
                    (B) that relevant state, tribal, and local law 
                enforcement agencies have consented to the training 
                being provided by such academies, rather than the 
                National Indian Country Training Initiative.

SEC. 5. IMPLEMENTATION AND INCENTIVES.

    (a) Implementation.--
            (1) Grants to improve the criminal justice response.--
        Section 2101(b) of part U of title I of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (34 U.S.C. 10461(b)), as 
        amended by this Act, is further amended by adding at the end 
        the following:
            ``(26) To develop, strengthen, and implement policies, 
        protocols, and training for law enforcement regarding cases of 
        missing and murdered Indians, as described in section 4 of 
        Savanna's Act.
            ``(27) To compile and annually report data to the Attorney 
        General related to missing and murdered Indians, as described 
        in section 6 of Savanna's Act.''.
            (2) Grants to indian tribal governments.--Section 2015(a) 
        of part T of title I of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (34 U.S.C. 10452(a)) is amended--
                    (A) in paragraph (9), by striking ``and'' at the 
                end;
                    (B) in paragraph (10), by striking the period at 
                the end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(11) to develop, strengthen, and implement policies, 
        protocols, and training for law enforcement regarding cases of 
        missing and murdered Indians, as described in section 4 of 
        Savanna's Act; and
            ``(12) to compile and annually report data to the Attorney 
        General related to missing and murdered Indians, as described 
        in section 6 of Savanna's Act.''.
    (b) Incentives.--
            (1) Guidelines.--For law enforcement agencies that the 
        Attorney General determines to have incorporated guidelines in 
        accordance with section 4, the Attorney General shall increase 
        the amount provided to that government through the grants under 
        parts T and U of title I of the Omnibus Crime Control and Safe 
        Streets Act of 1968 and by no more than five percent for two 
        years following the finding of compliance.
            (2) Data reporting.--For law enforcement agencies that the 
        Attorney General has determined submitted the information 
        requested under paragraph (1) for the fiscal year in which the 
        report was published, the Attorney General shall increase the 
        amount provided to that government through grants under parts T 
        and U of title I of the Omnibus Crime Control and Safe Streets 
        Act of 1968 by no more than five percent over the previous year 
        for not more than 2 fiscal years after the determination under 
        this paragraph.

SEC. 6. ADDITIONAL 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, including 
                by addressing cross-jurisdictional barriers at the 
                State, local, and tribal law enforcement level.
    (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 collected by the agency, as 
        determined by the Attorney General in consultation with Indian 
        Tribes.
            (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. 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 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).
            (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.
                                 <all>
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