US Codex
Bill
Notes

S. 227 — what changed

Savanna’s Act

From Reported in Senate to Engrossed in Senate. 5 sections amended and 1 added between Reported in Senate and Engrossed in Senate.

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 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.
(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 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; and
(4)
removed 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.

Sec. 3 Definitions

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).
(2)
renumbered was (3) Databases— The term databases means—
(A)
renumbered was (3)(3) the National Crime Information Center database;
(B)
renumbered was (3)(4) the Combined DNA Index System;
(C)
renumbered was (3)(5) 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.
(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.
(3)
renumbered was (4) Indian— The term Indian means a member of an Indian Tribe.
(4)
renumbered was (5) 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).
(4)
removed Indian land— The term Indian land means—
(A)
removed 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
(B)
removed 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).
(6)
renumbered was (7) 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)
renumbered was (8) 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)
added 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)
renumbered was (3)(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)
renumbered was (3)(3)(3) 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)
renumbered was (3)(3)(4) in paragraph (3), by striking the period at the end and inserting “; and”; and
(C)
renumbered was (3)(3)(5) 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)
changed develop and implement a dissemination strategy to notify United States citizens educate the public of the National Missing and Unidentified Persons System; and
(2)
changed conduct specific outreach to Indian Tribes 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)
changed In general— Not later than 180 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 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 regionally appropriate guidelines to respond to cases of missing and 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)
changed best practices in conducting searches for missing persons on and off Indian land;
(3)
changed 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 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)
changed guidelines on improving law enforcement agency response rates and follow-up responses to cases of missing and or murdered Indians; and
(6)
guidelines on ensuring access to culturally appropriate victim services for victims and their families.
(b)
changed Consultation— United States attorneys shall develop the guidelines required under subsection (a) in consultation with Indian Tribes and other Federal relevant partners, including—
(1)
the Department of Justice;
(2)
the Federal Bureau of Investigation;
(3)
added the Department of the Interior;
(4)
renumbered was (3)(5) the Bureau of Indian Affairs;
(5)
renumbered was (3)(6) Tribal, State, and local law enforcement agencies;
(6)
renumbered was (3)(7) medical examiners;
(6)
removed coroners; and
(7)
changed Tribal, State, and local organizations that provide victim services.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)
Compliance—
(1)
changed In general— Not later than 60 days after the next sexual violence response annual consultation occurs in each region 1 year after the date of enactment of this Act, the United States attorneys shall modify the sexual violence response guidelines to incorporate implement, by incorporating into office policies and procedures, the guidelines developed under subsection (a) and implement such modified guidelines.(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)
changed 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 each the Tribal, State, and or local law enforcement agency seeking recognition of compliance has incorporated guidelines into their respective guidelines, policies, and protocols.
(4)
removed 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.
(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)
changed 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(c)(3);
(2)
changed if a disclose and publish, including on the website of the Department of Justice, the name of each Tribal, State, or local law enforcement agency described in paragraph (1) subsequently receives that has requested a determination of compliance, the Attorney General shall—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.
(A)
removed immediately correct the applicable record; and
(B)
removed 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.
(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)
changed implementing the guidelines developed under subsection (a) or developing and implementing locally specific guidelines or protocols for responding to cases of missing and or murdered Indians; and
(2)
changed using the National Missing and Unidentified Persons System and accessing program services that will assist Indian Tribes with responding to cases of missing and 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.
(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 required, as determined pertaining to missing or murdered Indians collected by the Attorney General.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)
changed 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.
(3)
removed 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.
(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

added
(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.”

(b)
added 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)
added in paragraph (9), by striking “and” at the end;
(2)
added in paragraph (10), by striking the period at the end and inserting a semicolon; and
(3)
added by adding at the end 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.”