[116th Congress Public Law 165]
[From the U.S. Government Publishing Office]
[[Page 759]]
SAVANNA'S ACT
[[Page 134 STAT. 760]]
Public Law 116-165
116th Congress
An Act
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. <<NOTE: Oct. 10, 2020 - [S.
227]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Savanna's
Act.>>
SECTION 1. <<NOTE: 25 USC 5701 note.>> SHORT TITLE.
This Act may be cited as ``Savanna's Act''.
SEC. 2. <<NOTE: 25 USC 5701.>> PURPOSES.
The purposes of this Act are--
(1) <<NOTE: Intergovern- mental relations.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Data.>> 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. <<NOTE: 25 USC 5702.>> 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.
[[Page 134 STAT. 761]]
(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. <<NOTE: Deadlines. 25 USC 5703.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Strategy.>> 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.
[[Page 134 STAT. 762]]
SEC. 5. <<NOTE: 25 USC 5704.>> GUIDELINES FOR RESPONDING TO CASES
OF MISSING OR MURDERED INDIANS.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Standards.>> 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) <<NOTE: Deadlines.>> 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,
[[Page 134 STAT. 763]]
or local law enforcement agency seeking recognition of
compliance has incorporated guidelines into their respective
guidelines, policies, and protocols.
(d) <<NOTE: Deadline. Disclosures. Publications. Web
postings. Determination.>> 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) <<NOTE: Web posting.>> 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. <<NOTE: 25 USC 5705.>> ANNUAL REPORTING REQUIREMENTS.
(a) <<NOTE: Effective date.>> 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;
[[Page 134 STAT. 764]]
(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) <<NOTE: Privacy.>> 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) <<NOTE: Recommenda- tions.>> recommendations on
how data collection on missing or murdered Indians may
be improved.
(b) Compliance.--
(1) <<NOTE: Effective date.>> 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) <<NOTE: Publication. Web posting.>> 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 <<NOTE: Effective date.>> 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.''.
[[Page 134 STAT. 765]]
(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.''.
Approved October 10, 2020.
LEGISLATIVE HISTORY--S. 227 (H.R. 2733):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 116-508, Pt. 1 (Comm. on the Judiciary) accompanying
H.R. 2733.
SENATE REPORTS: No. 116-206 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 166 (2020):
Mar. 11, considered and passed Senate.
Sept. 21, considered and passed House.
<all>