HR 2733 — Savanna’s Act

Levin of Michigan, Mr.

Kind, Ms.

Omar, Ms.

Schrier, Mr.

Cooper, and Ms.

Tlaib September 16, 2020 Reported from the Committee on the Judiciary with an amendment [Strike out all after the enacting clause and insert the part printed in italic] September 16, 2020 Committee on Natural Resources discharged;

committed to the Committee of the Whole House on the State of the Union and ordered to be printed [For text of introduced bill, see copy of bill as introduced on May 14, 2019] _______________________________________________________________________ A BILL 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.

FINDINGS AND PURPOSES.

(a)The Findings.--Congresspurposes findsof this Act are-- (1) to clarify the following:responsibilities of Federal, State, Tribal, and local law enforcement agencies with respect to responding to cases of missing or murdered Indians;

(1) On some reservations, Indian women are murdered at more than 10 times the national average.

(2) 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) 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) 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) According to the Centers for Disease Control and Prevention, homicide is the third leading cause of death among American Indian and Alaska Native women and girls 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) 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) necessary training, equipment, or funding;

(B) a lack of interagency cooperation;

and (C) a lack of appropriate laws in place.

(7) The complicated jurisdictional scheme that exists in Indian country-- (A) has a significant negative impact on the ability to provide public safety to Indian communities;

(B) has been increasingly exploited by criminals;

and (C) requires a high degree of commitment and cooperation among Tribal, Federal, and State law enforcement officials.

(8) In states with restrictive land settlement acts such as Maine and Alaska, ``Indian country'' is limited, resources for local tribal responses either nonexistent or insufficient to meet the needs, and jurisdiction is unnecessarily complicated and increases the already high levels of victimization of American Indian and Alaska Native women.

According to the Indian Law and Order Commission Report, Alaska Native women are over-represented in the domestic violence victim population by percent;

they comprise 19 percent of the state population, but are 47 percent of reported rape victims.

These issues are further complicated as the Indian Law and Order Commission Report noted that at least 30 percent of villages lack any law enforcement at all.

(b) Purposes.--The purposes of this Act are-- (1) to clarify the responsibilities of Federal, State, Tribal, and local governments and law enforcement agencies with respect to responding to cases of missing and murdered Indians;

(3) to empower Tribal governments with the resources and information necessary to effectively respond to cases of missing andor murdered Indians,Indians; including Tribes located in any State known as a ``PL-280 State'';

and (4) to increase the collection of data related to missing andor murdered Indian men, women, and childrenchildren, 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 andor murdered IndiansIndians. by clarifying and correcting limitation in the Federal database.

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.

(b) Consultation.-- (1) InitialConsultation.--Not 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) AnnualInitial consultation.--Sectionconfer.--Not 903(b)later than 180 days after the date of enactment of this Act, the ViolenceAttorney AgainstGeneral, Womenin andcoordination Departmentwith the Secretary of Justicethe ReauthorizationInterior, Actshall ofconfer (34with U.S.C.Tribal organizations and urban Indian organizations on how to further improve American Indian and Alaska Native data relevance and access to databases.

20126)(3) isAnnual amended--consultation.--Section (A)903(b) byof strikingthe paragraphViolence (2)Against Women and insertingDepartment theof following:Justice Reauthorization Act of (34 U.S.C.

``(2)20126(b)) enhancingis theamended-- safety(A) ofby Indianstriking womenparagraph from(2) domestic violence, dating violence, obstruction of justice, sexual assault, homicide, stalking, and sexinserting trafficking;'';the following:

``(2) enhancing the safety of Indian women from domestic violence, dating violence, sexual assault, homicide, stalking, and sex trafficking;'';

(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 notifyeducate the public of the National Missing and Unidentified Persons System;

and (2) conduct specific outreach to Indian TribesTribes, 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.

4.5.

GUIDELINES FOR RESPONDING TO CASES OF MISSING ANDOR MURDERED INDIANS.

(a) In General.--Not later than 60 days after the date on which the consultation described in section 902(c)(1)4(b)(1) is completed, the Attorney General shall direct United States attorneys to develop regionally appropriate guidelines to respond to cases of missing andor 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 lands;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 andor murdered Indians be entered in a timely manner into applicable databases;

(5) guidelines on improving law enforcement agency response rates and follow-up responses to cases of missing andor murdered IndiansIndians; on and off Indian lands;

and (6) guidelines on ensuring access to culturally appropriate victim services for victims and their families;families.

and(b) (7)Consultation.--United guidelinesStates onattorneys improvingshall lawdevelop enforcementthe agencyguidelines communicationrequired withunder familiessubsection of(a) victimsin toconsultation ensurewith timelyIndian notificationTribes and disseminationother ofrelevant appropriatepartners, informationincluding-- in(1) the casesDepartment of missingJustice; and murdered Indians on and off Tribal lands.

(b) Consultation.--United States attorney shall develop the guidelines required under subsection (a) in consultation with Indian Tribes and other partners, including-- (1) the Department of Justice;

and (9) nationalnational, regional, or regionalurban tribalIndian 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 incorporateimplement, theby guidelinesincorporating developed under subsection (a) into existingoffice policies and procedures, andthe implementguidelines suchdeveloped guidelines.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 eachthe Tribal, State, andor local law enforcement agency seeking recognition of compliance has incorporated guidelines into their respective guidelines, policies, and protocols,protocols. and any barriers the agency reported in collecting and providing the information.

(4)(d) Accountability.--Not later than 30 days after compliance determinations are made each fiscal year in accordance with paragraphsubsection (3),(c)(3), the Attorney General shall-- (A)(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 paragraphsubsection (3);(c)(3);

(B)(2) ifdisclose aand lawpublish, enforcementincluding agencyon describedthe inwebsite subparagraphof (A)the subsequentlyDepartment receivesof aJustice, determinationthe name of complianceeach inTribal, accordanceState, withor paragraphlocal (3),law theenforcement Attorneyagency Generalthat shall--has (i)requested immediatelya correctdetermination thein applicableaccordance record;with subsection (c)(3) that is pending;

and(3) (ii)collect notthe laterguidelines thaninto 3a daysresource afterof theexamples determination,and addbest thepractices recordthat tocan thebe websiteused ofby theother Departmentlaw ofenforcement Justiceagencies andseeking anyto othercreate locationand whereimplement thesuch recordguidelines. was published;

(e) Training and (C)Technical collectAssistance.--The guidelinesAttorney ofGeneral eachshall agencyuse intothe aNational resourceIndian ofCountry examplesTraining andInitiative bestto practicesprovide thattraining canand betechnical usedassistance byto otherIndian Tribes and law enforcement agencies seekingon-- to(1) createimplementing the guidelines developed under subsection (a) or developing and implementimplementing suchlocally guidelines.specific guidelines or protocols for responding to cases of missing or murdered Indians;

(d) Training and Technical(2) Assistance.--using (1) In general.--The Attorney General shall use the National IndianMissing Country Training Initiative to provide training and technicalUnidentified assistancePersons toSystem Indian Tribes and lawaccessing enforcementprogram agenciesservices on--that (A)will implementingassist theIndian guidelinesTribes developedwith under subsection (a) or developing and implementing locally specific guidelines or protocols for responding to cases of missing andor murdered Indians;Indians.

and(f) (B)Guidelines usingFrom theIndian NationalTribes.-- Missing(1) andIn Unidentifiedgeneral.--Indian PersonsTribes Systemmay andsubmit accessingtheir programown servicesguidelines thatto willrespond assist Indian Tribes with responding to cases of missing andor murdered Indians.Indians to the Attorney General.

(2) Exception.--thePublication.--Upon Attorneyreceipt Generalof mayany provideguidelines thefrom trainingan describedIndian inTribe, paragraphthe (1)Attorney throughGeneral localshall statepublish lawthe enforcementguidelines academieson if-- (A) the Attorneywebsite Generalof determines that the suchDepartment academiesof willJustice providein trainings1 thatcentralized meetlocation theto samemake standards and utilize the curriculumguidelines available as trainingsa providedresource byto theany NationalFederal Indianagency, CountryState, Trainingor Initiative;Tribal government.

and (B) that relevant state, tribal, and local law enforcement agencies have consented to the training being provided by such academies, rather than the National Indian Country Training Initiative.

5.

IMPLEMENTATION AND INCENTIVES.

(a) Implementation.-- (1) Grants to improve the criminal justice response.-- Section 2101(b) of part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.

10461(b)), as amended by this Act, is further amended by adding at the end the following:

``(26) To develop, strengthen, and implement policies, protocols, and training for law enforcement regarding cases of missing and murdered Indians, as described in section 4 of Savanna's Act.

``(27) To compile and annually report data to the Attorney General related to missing and murdered Indians, as described in section 6 of Savanna's Act.''.

(2) Grants to indian tribal governments.--Section 2015(a) of part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.

10452(a)) is amended-- (A) in paragraph (9), by striking ``and'' at the end;

(B) in paragraph (10), by striking the period at the end and inserting a semicolon;

and (C) by adding at the end the following:

``(11) to develop, strengthen, and implement policies, protocols, and training for law enforcement regarding cases of missing and murdered Indians, as described in section 4 of Savanna's Act;

and ``(12) to compile and annually report data to the Attorney General related to missing and murdered Indians, as described in section 6 of Savanna's Act.''.

(b) Incentives.-- (1) Guidelines.--For law enforcement agencies that the Attorney General determines to have incorporated guidelines in accordance with section 4, the Attorney General shall increase the amount provided to that government through the grants under parts T and U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 and by no more than five percent for two years following the finding of compliance.

(2) Data reporting.--For law enforcement agencies that the Attorney General has determined submitted the information requested under paragraph (1) for the fiscal year in which the report was published, the Attorney General shall increase the amount provided to that government through grants under parts T and U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 by no more than five percent over the previous year for not more than 2 fiscal years after the determination under this paragraph.

SEC.

ADDITIONAL ANNUAL REPORTING REQUIREMENTS.

and (B) recommendations on how data collection on missing andor murdered Indians may be improved,improved. including by addressing cross-jurisdictional barriers at the State, local, and tribal law enforcement level.

(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, asand determinedin a format provided by the AttorneyDepartment Generalof inJustice consultationthat withensures Indianthe Tribes.streamlining of data reporting.

DEFINITIONS.IMPLEMENTATION AND INCENTIVE.

In(a) thisGrant Act:Authority.--Section 2101(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.

(1)10461(b)) Databases.--Theis termamended ``databases''by means--adding (A)at the Nationalend Crimethe Informationfollowing: Center database;

(B)``(23) theTo Combineddevelop, DNAstrengthen, Indexand System;implement policies, protocols, and training for law enforcement regarding cases of missing or murdered Indians, as described in section 5 of Savanna's Act.

(C)``(24) To compile and annually report data to the NextAttorney GenerationGeneral Identificationrelated System;to missing or murdered Indians, as described in section 6 of Savanna's Act.''.

and(b) (D)Grants any other database relevant to respondingIndian toTribal casesGovernments.--Section 2015(a) of missing and murdered Indians, including that under the ViolentOmnibus CriminalCrime ApprehensionControl Program and theSafe NationalStreets MissingAct andof Unidentified1968 Persons(34 System.U.S.C.

(2)10452(a)) Indian.--Theis termamended-- ``Indian''(1) meansin aparagraph member(9), ofby anstriking Indian``and'' Tribe.at the end;

(3)(2) Indianin country.--Theparagraph term(10), ``Indianby country''striking has the meaningperiod givenat the termend inand sectioninserting 1151a ofsemicolon; title 18, United States Code.

(4)and Indian(3) land.--Theby termadding ``Indianat land''the meansend Indian lands, as defined in section 3 of the Nativefollowing: American Business Development, Trade Promotion, and Tourism Act of 2000 (25 U.S.C.

4302).``(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;

(5)and Indian``(12) tribe.--Thecompile termand ``Indianannually Tribe''report hasdata theto meaning given the termAttorney ``IndianGeneral tribe''related into sectionmissing 4or ofmurdered theIndians, Indianas Self-Determinationdescribed andin Educationsection Assistance6 Actof (25Savanna's U.S.C.Act.''.

5304).Union Calendar No.

(6)408 Law116th enforcementCONGRESS agency.--The2d termSession ``lawH. enforcement agency'' means a Tribal, Federal, State, or local law enforcement agency.

<all>R.

2733 [Report No.

116-508, Part I] _______________________________________________________________________ A BILL 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.

_______________________________________________________________________ September 16, 2020 Reported from the Committee on the Judiciary with an amendment September 16, 2020 Committee on Natural Resources discharged;

committed to the Committee of the Whole House on the State of the Union and ordered to be printed