September 21, 2020 - Issue: Vol. 166, No. 163 — Daily Edition116th Congress (2019 - 2020) - 2nd Session
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SAVANNA'S ACT; Congressional Record Vol. 166, No. 163
(House of Representatives - September 21, 2020)
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[Pages H4573-H4576] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] SAVANNA'S ACT Ms. SCANLON. Mr. Speaker, I move to suspend the rules and pass the bill (S. 227) 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. The Clerk read the title of the bill. The text of the bill is as follows: S. 227 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as ``Savanna's Act''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) 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) 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) 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. 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. (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. 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) 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) 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 H4574]] SEC. 5. 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 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) 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) 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, or local law enforcement agency 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), 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) 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) recommendations on how data collection on missing or murdered Indians may be improved. (b) Compliance.-- (1) 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) 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) 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.''. (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.''. The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from Pennsylvania (Ms. Scanlon) and the gentleman from North Dakota (Mr. Armstrong) each will control 20 minutes. The Chair recognizes the gentlewoman from Pennsylvania. General Leave Ms. SCANLON. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration. The SPEAKER pro tempore. Is there objection to the request of the gentlewoman from Pennsylvania? [[Page H4575]] There was no objection. Ms. SCANLON. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, S. 227, Savanna's Act, responds to the epidemic of missing and murdered Native Americans. This crisis is appalling and threatens millions of innocent people living both on Tribal lands and beyond. This bill is a bipartisan effort introduced by Alaska Senator Lisa Murkowski and passed by the Senate by unanimous consent last March. {time} 1345 I want to especially commend the leadership of Representative Norma Torres, who introduced the House companion in 2019 and has been a constant champion for Savanna's Act here in the House. The available data indicates that violence against Native Americans is particularly high. In some Tribal communities, Native American women experience murder rates that are more than 10 times the national average. This is unacceptable. Savanna's Act is named in honor of Savanna LaFontaine-Greywind, a member of the Spirit Lake Tribe, who vanished from her apartment in Fargo, North Dakota, while 8 months pregnant. Eight days after she disappeared, her body was found wrapped in plastic in the Red River. This legislation empowers Tribal governments with the resources and information necessary to respond to cases of missing or murdered Native Americans like Savanna and to increase the collection of data in such cases. It also increases coordination and communication among the Federal, State, and Tribal officials responsible for investing these cases in a variety of ways. This legislation provides best practices in conducting searches for missing persons on and off Native American land; establishes standards on the collection, reporting, and analysis of data and information on missing persons and unidentified human remains; and will lead to the culturally appropriate identification and handling of human remains identified as Native Americans. Savanna's Act provides guidance on which law enforcement agency is responsible for inputting information into databases, guidance on improving agency response rates and followup to cases of missing and murdered Native Americans, and guidance on ensuring access to culturally appropriate victim services. Lastly and most importantly, Savanna's Act adds two new purpose areas to two existing grant programs administered by the Justice Department, specifically, allowing grantees to use funds to implement policies, protocols, and training for law enforcement regarding cases of missing or murdered Native Americans, and to compile and report data to the Attorney General. In short, this important legislation will help address the alarming cases of missing and murdered Native Americans in a robust and effective way. I strongly urge my colleagues to support it. Mr. Speaker, I reserve the balance of my time. Mr. ARMSTRONG. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of S. 227, Savanna's Act. Savanna's Act is named after Savanna LaFontaine-Greywind, a 22-year- old member of the Spirit Lake Tribe, who was murdered in my district in August of 2017. Her disappearance and murder devastated the community and the entire State of North Dakota. Tragically, Savanna was found dead 8 days after she was reported missing. Thankfully, her baby was found alive, despite being cut from Savanna's womb. Savanna's story brought to light the fact that the data regarding missing and murdered indigenous people, particularly women and girls, is scattered across various government databases, if it even exists at all. Savanna's heartbreaking story, unfortunately, is not unique. A woman named Olivia Lone Bear disappeared from the Fort Berthold Reservation just a month later, in October of 2017. She was found in a submerged truck in Lake Sakakawea in July of 2018. These are just two recent examples from my State. There are hundreds more across the Nation. Savanna's Act will begin to help address this crisis of missing and murdered indigenous people. The bill will establish guidelines and best practices for law enforcement agencies across the country. It will also improve coordination amongst those agencies. Finally, it will enhance reporting, recordkeeping, and communication for law enforcement and families of victims. This legislation is needed because Native American and Alaska Native women face a murder rate 10 times higher than the national average. Shockingly, 84 percent of women in these communities experience some form of violence in their lifetime. The rural nature of most Native American communities, increased levels of poverty and addiction, and other circumstances pose unique challenges. Because of outdated databases and lack of coordination between law enforcement agencies, there is no reliable way of knowing how many indigenous women actually do go missing each year. Savanna's Act addresses this disturbing increase in missing and murdered Native American women by creating new guidelines for investigation of these cases and by incentivizing the implementation of these new guidelines. I urge my colleagues to join me in supporting S. 227, and I reserve the balance of my time. Ms. SCANLON. Mr. Speaker, I yield 5 minutes to the gentlewoman from California (Mrs. Torres). Mrs. TORRES of California. Mr. Speaker, I stand here today in honor of Savanna LaFontaine-Greywind and the Native American women missing and murdered with no justice in sight. Savanna was just 22, a member of the Spirit Lake Tribe. She was 8 months pregnant and expecting her baby any day when she was murdered in August of 2017. A neighbor in her apartment building lured her next door and attacked her. When her body was found, the coroner could not determine if the cause of death was the loss of blood from the vicious wounds on her body or strangulation from the rope around her neck. Instead of getting to hold her brand-new baby in her arms and imagining a bright future for herself and her little one, Savanna's future was cut short. Savanna's death shines a light on a horrific reality in this country where Native American women face a murder rate 10 times higher than the national average. The statistics should shock everyone listening to this debate. Eighty-four percent of Native women experience some form of violence in their lifetime--84 percent. Think of your 50 closest friends and family members, and now imagine 42 out of those 50 experiencing some type of violence. We cannot stand silent. We stand together, heartbroken, disgusting, and horrified, but we cannot stand back and do nothing. I introduced the House version of Savanna's Act to address the disturbing rates of missing and murdered Native American women, and I was very honored to have the opportunity to work with my good friend, Ms. Haaland, across the aisle with Mr. Newhouse, and with Senator Murkowski and Senator Cortez Masto on the Senate version. We came together as Democrats and Republicans. We met many, many, many times to ensure that this was a bill that all of our colleagues could stand for and support and right a wrong for Native American women. To date, there is no reliable way of knowing how many Native women go missing each year because the databases that hold statistics of these cases are outdated. A lack of coordination between law enforcement agencies only adds to the confusion, and, as a result, murderers get away with killing Native American women. This bill will finally ensure the Department of Justice, State and local law enforcement agencies, and our communities can work together to address this violence. Because of this bill, the Department of Justice will develop regionally appropriate guidelines for response to cases of missing and murdered Native Americans, and the DOJ will provide training and technical assistance to Tribes and law enforcement agencies for implementation of the developed guidelines. In addition, this bill will authorize grants to ensure that all members of [[Page H4576]] our community are effectively working together to stop the kidnapping and murdering of Native women. Native women have endured horrific rates of assault, rape, and murder for far too long, and I hope this bill brings some closure to Savanna's family and the countless family members in Native communities who live with the pain of a lost loved one every day. Let me be clear: It is their unwavering advocacy that made this day a reality, and an untold number of lives will be saved as a result. Mr. ARMSTRONG. Mr. Speaker, I yield 10 minutes to the gentleman from Washington (Mr. Newhouse). Mr. NEWHOUSE. Mr. Speaker, this is a monumental day. I am proud to rise alongside my colleagues on both sides of the aisle to speak out in support of our legislation, which aims to address a crisis afflicting our Nation: that of missing and murdered indigenous women. I hail from the State of Washington, and I am very familiar with how Native American Tribes are deeply integrated into the culture of the Pacific Northwest, as well as our whole country. I was raised just across the river from the Yakama Nation reservation in central Washington, but I have got to say, I, like many others, was not aware of the disproportionate murder rate indigenous women suffer, 10 times the national average. At the end of 2018, this crisis and the need for a solution was brought to me by the Tribal communities that I represent, and I was made aware of just how devastating the shortfalls of our justice system are for Native American and Alaska Native women and girls. While the statistics we have are absolutely staggering--and you have heard them--the fact of the matter is we don't even know the full extent of the crisis. In my home State of Washington, Native Americans make up about 2 percent of the State's population, but a recent report by the Washington State Patrol shows that indigenous women account for 7 percent of the State's reported missing women. The families of dozens of women still await answers as cases of missing or murdered indigenous women remain open or turn cold. Yet this crisis has gone on for decades, with little to no action by the Federal Government. Complicated law enforcement jurisdictions have caused many problems throughout these investigations, and far too many Tribal law enforcement agencies lack the resources or access to critical databases to help solve these cases, which is why, when Savanna's Act failed to receive a vote on the House floor in the 115th Congress, I was determined to bring forward solutions in order to get this bill signed into law. I was very proud to work with Representatives Torres and Haaland and others, in collaboration with Tribes, the Department of Justice, and many others, to improve upon that legislation. The product is a broadly bipartisan bill that has passed unanimously in both the House Judiciary Committee as well as the United States Senate. We worked to create legislation that will bring focus to this crisis and improve the coordination between Federal, State, local, and Tribal law enforcement agencies. This legislation aims to provide a sense of hope to the loved ones of these women by developing guidelines and best practices for Tribes and law enforcement agencies across the country, by enhancing reporting and recordkeeping of crimes against indigenous women, and by improving communication between law enforcement and the families of these victims. This bill and this effort to bring awareness to the missing and murdered Native women across the country will go a long way to finally delivering justice to our communities. Tribes across the country, including those that I represent, have thrown their support behind this legislation. In fact, last year, I walked alongside the then-chairman of the Yakama Tribe, as well as Councilwoman Lottie Sam, through the Halls of Congress, visiting Chairman Grijalva, Subcommittee Chairman Gallego, as well as Subcommittee Chairwoman Bass. These Yakama Nation officials traveled across the country, Mr. Speaker, more than 2,500 miles, to advocate for the passage of Savanna's Act and other legislation to address this crisis. The bill is named, as you have heard the story, in honor of Savanna LaFontaine-Greywind, who was a 22-year-old member of the Spirit Lake Tribe, pregnant with her first child, who was murdered in August of 2017. Since the introduction of Savanna's Act in the House, the remains of a Yakama Nation woman, Rosenda Strong, were found on the reservation. Her horrific murder, today, remains unsolved. Thankfully, justice was served upon Savanna's murderers. We owe the same justice to Rosenda and all of the missing and murdered indigenous women across this country. The passage of this bill today will demonstrate a long-awaited and necessary change. As I mentioned, this crisis has been going on for decades. Politicians on both sides of the aisle have promised action and failed to deliver. {time} 1400 I have been asked: What is different now? Why do you think progress can be made? And I can honestly tell you, the main difference I have seen is that our Native communities are leading the charge. They have had enough, and they no longer will suffer in silence. Throughout central Washington and across the country, the families of loved ones of thousands of missing or murdered indigenous women are awaiting justice. It is because of their voices and their strong advocacy that I am here today, urging my colleagues throughout this legislative body to support passage of Savanna's Act. And, finally, Mr. Speaker, we can send this legislation to President Trump's desk to be signed into law. Ms. SCANLON. Mr. Speaker, I reserve the balance of my time. Mr. ARMSTRONG. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I thank Mrs. Torres, Mr. Newhouse, and my colleagues in the Senate, Senator Cramer and Senator Hoeven. This is not the first time in my short time in Congress that I have been on the floor talking about this bill, and I think it is also important to remember people who came before us. Senator Heitkamp was a champion of this in the last Congress. And through this process we have gotten a more targeted and workable solution. This bill allows U.S. Attorneys in Indian Country more autonomy and authority that is important to law enforcement, and that is particularly important in missing cases. And I think it is also important to recognize that these don't always happen in rural areas or actually on the reservation. Savanna Greywind, while a member of the Spirit Lake Tribe, was in Fargo, North Dakota, the largest city in my State when this incident occurred. So this is a good bill, it has been a long time coming, and I really appreciate everybody's hard work. With that, I recommend we pass it, and I yield back the balance of my time. Ms. SCANLON. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, Savanna's Act is an important measure to ensure the safety of Native American women and men in communities across the United States, for all of the reasons discussed here today. We are so grateful to Representative Torres, Representative Newhouse, Representative Armstrong, and Representative Haaland, for moving this legislation forward. Mr. Speaker, I urge my colleagues to join me in supporting this bipartisan legislation, and I yield back the balance of my time. The SPEAKER pro tempore. The question is on the motion offered by the gentlewoman from Pennsylvania (Ms. Scanlon) that the House suspend the rules and pass the bill, S. 227. The question was taken; and (two-thirds being in the affirmative) the rules were suspended and the bill was passed. A motion to reconsider was laid on the table. ____________________
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