US Codex
Bill
Notes

H.R. 2733 — what changed

Savanna’s Act

From Introduced in House to Reported in House. 6 sections amended between Introduced in House and Reported in House.

Sec. 2 Purposes

added The purposes of this Act are—

(a)
removed Findings— Congress finds the following:
(1)
removed On some reservations, Indian women are murdered at more than 10 times the national average.
(2)
removed 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)
removed 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)
removed 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)
removed 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)
removed 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)
removed necessary training, equipment, or funding;
(B)
removed a lack of interagency cooperation; and
(C)
removed a lack of appropriate laws in place.
(7)
removed The complicated jurisdictional scheme that exists in Indian country—
(A)
removed has a significant negative impact on the ability to provide public safety to Indian communities;
(B)
removed has been increasingly exploited by criminals; and
(C)
removed requires a high degree of commitment and cooperation among Tribal, Federal, and State law enforcement officials.
(8)
removed 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.
(1)
changed Purposes— The purposes to clarify the responsibilities of this Act are—Federal, State, Tribal, and local law enforcement agencies with respect to responding to cases of missing or murdered Indians;
(1)
removed 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)
renumbered was (3)(4) to increase coordination and communication among Federal, State, Tribal, and local law enforcement agencies, including medical examiner and coroner offices;
(3)
added to empower Tribal governments with the resources and information necessary to effectively respond to cases of missing or murdered Indians; and
(4)
added 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.
(3)
removed 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)
removed 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 Definitions

added In this Act:

(1)
added 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).
(a)
removed 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)
removed Consultation—
(1)
removed 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)
removed 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)
removed by striking paragraph (2) and inserting the following:

removed “(2) enhancing the safety of Indian women from domestic violence, dating violence, obstruction of justice, sexual assault, homicide, stalking, and sex trafficking;”

(B)
removed in paragraph (3), by striking the period at the end and inserting “; and”; and
(C)
removed by adding at the end the following:

removed “(4) improving access to local, regional, State, and Federal crime information databases and criminal justice information systems.”

(2)
changed Notification—Databases— Not later than 180 days after the date of enactment of this Act, the Attorney General shall—The term “databases” means—
(A)
changed develop and implement a dissemination strategy to notify the public of the National Missing and Unidentified Persons System; andCrime Information Center database;
(B)
changed 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.Combined DNA Index System;
(C)
added the Next Generation Identification System; and
(D)
added 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)
added Indian— The term “Indian” means a member of an Indian Tribe.
(4)
added Indian country— The term “Indian country” has the meaning given the term in section 1151 of title 18, United States Code.
(5)
added 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)
added 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)
added 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)
changed In general—Tribal enrollment information— Not later than 60 days after the date on which the consultation described in section 902(c)(1) is completed, the The Attorney General shall direct United States attorneys to develop regionally appropriate guidelines provide training to respond law enforcement agencies regarding how to cases record the Tribal enrollment information or affiliation, as appropriate, of missing and murdered Indians that shall include—a victim in Federal databases.
(b)
added Consultation—
(1)
added 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.
(1)
removed 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)
removed best practices in conducting searches for missing persons on Indian lands;
(3)
removed 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)
removed 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)
removed 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)
removed guidelines on ensuring access to culturally appropriate victim services for victims and their families; and
(7)
removed 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)
removed Consultation— United States attorney shall develop the guidelines required under subsection (a) in consultation with Indian Tribes and other partners, including—
(2)
changed Initial confer— Not later than 180 days after the Department date of Justice;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)
changed Annual consultation— Section 903(b) of the Federal Bureau Violence Against Women and Department of Investigation;Justice Reauthorization Act of 2005 (34 U.S.C. 20126(b)) is amended—
(A)
added by striking paragraph (2) and inserting the following:

added “(2) enhancing the safety of Indian women from domestic violence, dating violence, sexual assault, homicide, stalking, and sex trafficking;”

(B)
added in paragraph (3), by striking the period at the end and inserting “; and”; and
(C)
added by adding at the end the following:

added “(4) improving access to local, regional, State, and Federal crime information databases and criminal justice information systems.”

(c)
added Notification— Not later than 180 days after the date of enactment of this Act, the Attorney General shall—
(3)
removed the Department of the Interior;
(4)
removed the Bureau of Indian Affairs;
(5)
removed Tribal, State, and local law enforcement agencies;
(6)
removed medical examiners;
(7)
removed coroners;
(8)
removed Tribal, State, and local organizations that provide victim services; and
(9)
removed national or regional tribal organizations with relevant expertise.
(c)
removed Compliance—
(1)
removed 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.
(1)
changed Modification— Each Federal law enforcement agency shall modify the guidelines, policies, develop and protocols of the agency implement a dissemination strategy to incorporate educate the guidelines developed under subsection (a).public of the National Missing and Unidentified Persons System; and
(2)
changed Determination— Not later than the end of each fiscal year beginning after the date the guidelines are established under this section conduct specific outreach to Indian Tribes, Tribal organizations, and incorporated under this subsection, urban Indian organizations regarding the Attorney General shall determine whether each Tribal, State, ability to publicly enter information, through the National Missing and local law Unidentified Persons System or other non-law enforcement agency has incorporated guidelines into their respective guidelines, policies, and protocols, and any barriers the agency reported in collecting sensitive portal, regarding missing persons, which may include family members and providing the information.other known acquaintances.
(4)
removed Accountability— Not later than 30 days after compliance determinations are made each fiscal year in accordance with paragraph (3), the Attorney General shall—
(A)
removed 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)
removed 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)
removed immediately correct the applicable record; and
(ii)
removed 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)
removed 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)
removed Training and technical assistance—
(1)
removed 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)
removed 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)
removed 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)
removed Exception— the Attorney General may provide the training described in paragraph (1) through local state law enforcement academies if—
(A)
removed 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)
removed 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 Guidelines for responding to cases of missing or murdered indians

(a)
added 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—
(a)
removed Implementation—
(1)
removed 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:

removed “(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.

removed “(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.”

(1)
changed Grants to Indian tribal governments— Section 2015(a) of part T of title I of guidelines on inter-jurisdictional cooperation among law enforcement agencies at the Omnibus Crime Control Tribal, Federal, State, and Safe Streets Act local levels, including inter-jurisdictional enforcement of 1968 (34 U.S.C. 10452(a)) is amended—protection orders and detailing specific responsibilities of each law enforcement agency;
(2)
added best practices in conducting searches for missing persons on and off Indian land;
(3)
added 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)
added 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)
added guidelines on improving law enforcement agency response rates and follow-up responses to cases of missing or murdered Indians; and
(6)
added guidelines on ensuring access to culturally appropriate victim services for victims and their families.
(b)
added Consultation— United States attorneys shall develop the guidelines required under subsection (a) in consultation with Indian Tribes and other relevant partners, including—
(A)
removed in paragraph (9), by striking “and” at the end;
(B)
removed in paragraph (10), by striking the period at the end and inserting a semicolon; and
(C)
removed by adding at the end the following:

removed “(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

removed “(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)
removed Incentives—
(1)
removed 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.
(1)
changed 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 Department 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.Justice;
(2)
added the Federal Bureau of Investigation;
(3)
added the Department of the Interior;
(4)
added the Bureau of Indian Affairs;
(5)
added Tribal, State, and local law enforcement agencies;
(6)
added medical examiners;
(7)
added coroners;
(8)
added Tribal, State, and local organizations that provide victim services; and
(9)
added national, regional, or urban Indian organizations with relevant expertise.
(c)
added Compliance—
(1)
added 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)
added 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)
added 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)
added 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)
added 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)
added 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)
added 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)
added 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)
added 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)
added 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)
added Guidelines from indian tribes—
(1)
added In general— Indian Tribes may submit their own guidelines to respond to cases of missing or murdered Indians to the Attorney General.
(2)
added 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)
changed recommendations on how data collection on missing and or murdered Indians may be improved, including by addressing cross-jurisdictional barriers at the State, local, and tribal law enforcement level.improved.
(b)
Compliance—
(1)
changed 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, as determined and in a format provided by the Attorney General in consultation with Indian Tribes.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)
added 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:

added “(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.

added “(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.”

removed In this Act:

(b)
changed Databases—Grants to indian tribal governments— The term databases means—Section 2015(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10452(a)) is amended—
(1)
changed in paragraph (9), by striking “and” at the National Crime Information Center database;end;
(2)
changed in paragraph (10), by striking the Combined DNA Index System;period at the end and inserting a semicolon; and
(3)
changed by adding at the Next Generation Identification System; andend the following:

added “(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

added “(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.”

(D)
removed 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)
removed Indian— The term Indian means a member of an Indian Tribe.
(3)
removed Indian country— The term Indian country has the meaning given the term in section 1151 of title 18, United States Code.
(4)
removed 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)
removed 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)
removed Law enforcement agency— The term law enforcement agency means a Tribal, Federal, State, or local law enforcement agency.