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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 227 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 407
116th CONGRESS
  2d Session
                                 S. 227

                          [Report No. 116-206]

   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 SENATE OF THE UNITED STATES

             January 25 (legislative day, January 24), 2019

    Ms. Murkowski (for herself, Ms. Cortez Masto, Ms. Cantwell, Mr. 
 Sullivan, Mr. Coons, Mr. Cramer, Mr. Udall, Mr. Tester, Mr. Heinrich, 
   Mr. Tillis, Mr. Merkley, Mr. Hoeven, Mrs. Capito, Mr. Daines, Mr. 
  Wyden, Mrs. Gillibrand, Ms. Smith, Mrs. Murray, Ms. Klobuchar, Ms. 
 Rosen, Ms. Harris, Mr. Schatz, Ms. McSally, Ms. Sinema, Ms. Baldwin, 
   Mr. Risch, Mr. Crapo, Ms. Warren, and Mr. Sanders) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Indian Affairs

                            January 15, 2020

               Reported by Mr. Hoeven, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as ``Savanna's Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress finds the following:</DELETED>
        <DELETED>    (1) On some reservations, Indian women are 
        murdered at more than 10 times the national average.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) According to the Centers for Disease Control 
        and Prevention, homicide is the third leading cause of death 
        among American Indian and Alaska Native women between 10 and 24 
        years of age and the fifth leading cause of death for American 
        Indian and Alaska Native women between 25 and 34 years of 
        age.</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) necessary training, equipment, or 
                funding;</DELETED>
                <DELETED>    (B) a lack of interagency cooperation; 
                and</DELETED>
                <DELETED>    (C) a lack of appropriate laws in 
                place.</DELETED>
        <DELETED>    (7) The complicated jurisdictional scheme that 
        exists in Indian country--</DELETED>
                <DELETED>    (A) has a significant negative impact on 
                the ability to provide public safety to Indian 
                communities;</DELETED>
                <DELETED>    (B) has been increasingly exploited by 
                criminals; and</DELETED>
                <DELETED>    (C) requires a high degree of commitment 
                and cooperation among Tribal, Federal, and State law 
                enforcement officials.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are--</DELETED>
        <DELETED>    (1) to clarify the responsibilities of Federal, 
        State, Tribal, and local law enforcement agencies with respect 
        to responding to cases of missing and murdered 
        Indians;</DELETED>
        <DELETED>    (2) to increase coordination and communication 
        among Federal, State, Tribal, and local law enforcement 
        agencies, including medical examiner and coroner 
        offices;</DELETED>
        <DELETED>    (3) to empower Tribal governments with the 
        resources and information necessary to effectively respond to 
        cases of missing and murdered Indians; and</DELETED>
        <DELETED>    (4) to increase the collection of data related to 
        missing and murdered Indian men and women and the sharing of 
        information among Federal, State, and Tribal officials 
        responsible for responding to and investigating cases of 
        missing and murdered Indians.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Databases.--The term ``databases'' means--
        </DELETED>
                <DELETED>    (A) the National Crime Information Center 
                database;</DELETED>
                <DELETED>    (B) the Combined DNA Index 
                System;</DELETED>
                <DELETED>    (C) the Next Generation Identification 
                System; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Indian.--The term ``Indian'' means a member of 
        an Indian Tribe.</DELETED>
        <DELETED>    (3) Indian country.--The term ``Indian country'' 
        has the meaning given the term in section 1151 of title 18, 
        United States Code.</DELETED>
        <DELETED>    (4) Indian land.--The term ``Indian land'' means--
        </DELETED>
                <DELETED>    (A) Indian lands, as defined in section 3 
                of the Native American Business Development, Trade 
                Promotion, and Tourism Act of 2000 (25 U.S.C. 4302); 
                and</DELETED>
                <DELETED>    (B) land owned by a Regional Corporation 
                or Village Corporation, as such terms are defined in 
                section 3 of the Alaska Native Claims Settlement Act 
                (43 U.S.C. 1602).</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (6) Law enforcement agency.--The term ``law 
        enforcement agency'' means a Tribal, Federal, State, or local 
        law enforcement agency.</DELETED>

<DELETED>SEC. 4. IMPROVING TRIBAL ACCESS TO DATABASES.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Consultation.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) by striking paragraph (2) and 
                inserting the following:</DELETED>
        <DELETED>    ``(2) enhancing the safety of Indian women from 
        domestic violence, dating violence, sexual assault, homicide, 
        stalking, and sex trafficking;'';</DELETED>
                <DELETED>    (B) in paragraph (3), by striking the 
                period at the end and inserting ``; and''; 
                and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(4) improving access to local, regional, State, 
        and Federal crime information databases and criminal justice 
        information systems.''.</DELETED>
<DELETED>    (c) Notification.--Not later than 180 days after the date 
of enactment of this Act, the Attorney General shall--</DELETED>
        <DELETED>    (1) develop and implement a dissemination strategy 
        to notify United States citizens of the National Missing and 
        Unidentified Persons System; and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 5. GUIDELINES FOR RESPONDING TO CASES OF MISSING AND 
              MURDERED INDIANS.</DELETED>

<DELETED>    (a) In General.--Not later than 180 days after the date on 
which the consultation described in section 4(b)(1) is completed, the 
Attorney General shall direct United States attorneys with jurisdiction 
to prosecute crimes in Indian country under sections 1152 and 1153 of 
title 18, United States Code, or any other provision of law, as part of 
the annual consultations on sexual violence by United States attorneys 
with Indian Tribes and Federal partners, to develop guidelines to 
respond to cases of missing and murdered Indians that shall include--
</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) best practices in conducting searches for 
        missing persons on Indian land;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (5) guidelines on improving law enforcement agency 
        response rates and follow-up responses to cases of missing and 
        murdered Indians; and</DELETED>
        <DELETED>    (6) guidelines on ensuring access to culturally 
        appropriate victim services for victims and their 
        families.</DELETED>
<DELETED>    (b) Consultation.--United States attorneys shall develop 
the guidelines required under subsection (a) in consultation with 
Indian Tribes and other Federal partners, including--</DELETED>
        <DELETED>    (1) the Department of Justice;</DELETED>
        <DELETED>    (2) the Federal Bureau of Investigation;</DELETED>
        <DELETED>    (3) the Bureau of Indian Affairs;</DELETED>
        <DELETED>    (4) Tribal, State, and local law enforcement 
        agencies;</DELETED>
        <DELETED>    (5) medical examiners;</DELETED>
        <DELETED>    (6) coroners; and</DELETED>
        <DELETED>    (7) Tribal, State, and local organizations that 
        provide victim services.</DELETED>
<DELETED>    (c) Compliance.--</DELETED>
        <DELETED>    (1) In general.--Not later than 60 days after the 
        next sexual violence response annual consultation occurs in 
        each region after the date of enactment of this Act, the United 
        States attorneys shall modify the sexual violence response 
        guidelines to incorporate the guidelines developed under 
        subsection (a) and implement such modified 
        guidelines.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Preference.--For each of fiscal years 2019 
        through 2023, for the fiscal year in which a grant was 
        solicited, the Attorney General shall give affirmative 
        preference to all National Institute of Justice and Office for 
        Victims of Crime discretionary grant applications of a Tribal, 
        State, or local law enforcement agency, or applications 
        submitted on behalf of such law enforcement agencies by a 
        local, State, or Tribal government, if the Attorney General has 
        determined under paragraph (3) that the agency has incorporated 
        the guidelines.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) disclose and publish, including on the website 
        of the Department of Justice, the name of each Tribal, State, 
        or local law enforcement agency that the Attorney General has 
        determined has not incorporated guidelines in accordance with 
        subsection (c)(3); and</DELETED>
        <DELETED>    (2) if a law enforcement agency described in 
        paragraph (1) subsequently receives a determination of 
        compliance, the Attorney General shall--</DELETED>
                <DELETED>    (A) immediately correct the applicable 
                record; and</DELETED>
                <DELETED>    (B) not later than 3 days after the 
                determination, remove the record from the website of 
                the Department of Justice and any other location where 
                the record was published.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) implementing the guidelines developed under 
        subsection (a) or developing and implementing locally specific 
        guidelines or protocols for responding to cases of missing and 
        murdered Indians; and</DELETED>
        <DELETED>    (2) using the National Missing and Unidentified 
        Persons System and accessing program services that will assist 
        Indian Tribes with responding to cases of missing and murdered 
        Indians.</DELETED>

<DELETED>SEC. 6. ANNUAL REPORTING REQUIREMENTS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) includes known statistics on missing Indians 
        in the United States, available to the Department of Justice, 
        including--</DELETED>
                <DELETED>    (A) age;</DELETED>
                <DELETED>    (B) gender;</DELETED>
                <DELETED>    (C) Tribal enrollment information or 
                affiliation, if available;</DELETED>
                <DELETED>    (D) the current number of open cases per 
                State;</DELETED>
                <DELETED>    (E) the total number of closed cases per 
                State each calendar year, from the most recent 10 
                calendar years; and</DELETED>
                <DELETED>    (F) other relevant information the 
                Attorney General determines is appropriate;</DELETED>
        <DELETED>    (2) includes known statistics on murdered Indians 
        in the United States, available to the Department of Justice, 
        including--</DELETED>
                <DELETED>    (A) age;</DELETED>
                <DELETED>    (B) gender;</DELETED>
                <DELETED>    (C) Tribal enrollment information or 
                affiliation, if available;</DELETED>
                <DELETED>    (D) the current number of open cases per 
                State;</DELETED>
                <DELETED>    (E) the total number of closed cases per 
                State each calendar year, from the most recent 10 
                calendar years; and</DELETED>
                <DELETED>    (F) other relevant information the 
                Attorney General determines is appropriate;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (4) includes--</DELETED>
                <DELETED>    (A) an explanation of why the statistics 
                described in paragraph (1) may not be comprehensive; 
                and</DELETED>
                <DELETED>    (B) recommendations on how data collection 
                on missing and murdered Indians may be 
                improved.</DELETED>
<DELETED>    (b) Compliance.--</DELETED>
        <DELETED>    (1) In general.--Beginning in the first fiscal 
        year after the date of enactment of this Act, and annually 
        thereafter, for the purpose of compiling accurate data for the 
        annual report required under subsection (a), the Attorney 
        General shall request all Tribal, State, and local law 
        enforcement agencies to submit to the Department of Justice, to 
        the fullest extent possible, all relevant information required, 
        as determined by the Attorney General.</DELETED>
        <DELETED>    (2) Disclosure.--The Attorney General shall 
        disclose and publish annually, including on the website of the 
        Department of Justice, the name of each Tribal, State, or local 
        law enforcement agency that the Attorney General has determined 
        has not submitted the information requested under paragraph (1) 
        for the fiscal year in which the report was 
        published.</DELETED>
        <DELETED>    (3) Preference.--For each of fiscal years 2019 
        through 2023, for the fiscal year in which a grant was 
        solicited, the Attorney General shall give affirmative 
        preference to all Department of Justice discretionary grant 
        applications of a Tribal, State, or local law enforcement 
        agency, or applications submitted on behalf of such law 
        enforcement agencies by a local, State, or Tribal government, 
        that would aid in the implementation of the guidelines 
        developed under section 5 or help address the issue of missing 
        and murdered Indians, if the Attorney General has determined 
        the agency has submitted the information requested under 
        paragraph (1) for the fiscal year in which the report was 
        published.</DELETED>
<DELETED>    (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.</DELETED>

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.''.
                                                       Calendar No. 407

116th CONGRESS

  2d Session

                                 S. 227

                          [Report No. 116-206]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            January 15, 2020

                       Reported with an amendment
```