---
kind: "section"
citation: "25 U.S.C. § 5704"
title: "25"
title_heading: "Indians"
number: "5704"
heading: "Guidelines for responding to cases of missing or murdered Indians"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/5704"
units:
  - "Chapter 49 — Savanna’s Act"
---

# §5704. 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 5703(b)(1) of this title](/usc/25/5703.md?p=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](/usc/25/5702.md?p=3) that shall include—
  - (1) guidelines on inter-jurisdictional cooperation among [law enforcement agencies](/usc/25/5702.md?p=7) at the Tribal, Federal, State, and local levels, including inter-jurisdictional enforcement of protection orders and detailing specific responsibilities of each [law enforcement agency](/usc/25/5702.md?p=7);
  - (2) best practices in conducting searches for missing persons on and off [Indian land](/usc/25/5702.md?p=5);
  - (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](/usc/25/5702.md?p=3), including guidance stating that all appropriate information related to missing or murdered [Indians](/usc/25/5702.md?p=3) be entered in a timely manner into applicable [databases](/usc/25/5702.md?p=2);
  - (4) guidance on which [law enforcement agency](/usc/25/5702.md?p=7) is responsible for inputting information into appropriate [databases](/usc/25/5702.md?p=2) under [paragraph (3)](#a-3) if the Tribal [law enforcement agency](/usc/25/5702.md?p=7) does not have access to those appropriate [databases](/usc/25/5702.md?p=2);
  - (5) guidelines on improving [law enforcement agency](/usc/25/5702.md?p=7) response rates and follow-up responses to cases of missing or murdered [Indians](/usc/25/5702.md?p=3); 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)](#a) in consultation with [Indian Tribes](/usc/25/5702.md?p=6) 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](/usc/25/5702.md?p=3) Affairs;
  - (5) Tribal, State, and local [law enforcement agencies](/usc/25/5702.md?p=7);
  - (6) medical examiners;
  - (7) coroners;
  - (8) Tribal, State, and local organizations that provide victim services; and
  - (9) national, regional, or urban [Indian](/usc/25/5702.md?p=3) organizations with relevant expertise.
- (c) **Compliance—**
  - (1) **In general—** Not later than 1 year after October 10, 2020, the United States attorneys shall implement, by incorporating into office policies and procedures, the guidelines developed under [subsection (a)](#a).
  - (2) **Modification—** Each Federal [law enforcement agency](/usc/25/5702.md?p=7) shall modify the guidelines, policies, and protocols of the agency to incorporate the guidelines developed under [subsection (a)](#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](/usc/25/5702.md?p=7), the Attorney General shall determine whether the Tribal, State, or local [law enforcement agency](/usc/25/5702.md?p=7) 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)](#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](/usc/25/5702.md?p=7) that the Attorney General has determined has incorporated guidelines in accordance with [subsection (c)(3)](#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](/usc/25/5702.md?p=7) that has requested a determination in accordance with [subsection (c)(3)](#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](/usc/25/5702.md?p=7) seeking to create and implement such guidelines.
- (e) **Training and technical assistance—** The Attorney General shall use the National [Indian Country](/usc/25/5702.md?p=4) Training Initiative to provide training and technical assistance to [Indian Tribes](/usc/25/5702.md?p=6) and [law enforcement agencies](/usc/25/5702.md?p=7) on—
  - (1) implementing the guidelines developed under [subsection (a)](#a) or developing and implementing locally specific guidelines or protocols for responding to cases of missing or murdered [Indians](/usc/25/5702.md?p=3); and
  - (2) using the National Missing and Unidentified Persons System and accessing program services that will assist [Indian Tribes](/usc/25/5702.md?p=6) with responding to cases of missing or murdered [Indians](/usc/25/5702.md?p=3).
- (f) **Guidelines from Indian Tribes—**
  - (1) **In general—** [Indian Tribes](/usc/25/5702.md?p=6) may submit their own guidelines to respond to cases of missing or murdered [Indians](/usc/25/5702.md?p=3) to the Attorney General.
  - (2) **Publication—** Upon receipt of any guidelines from an [Indian Tribe](/usc/25/5702.md?p=6), 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.

## Source credit

(Pub. L. 116–165, § 5, Oct. 10, 2020, 134 Stat. 762.)
