Text: S.227 — 116th Congress (2019-2020)All Information (Except Text)

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Public Law No: 116-165 (10/10/2020)

 
[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.

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