,,ii ,calendar ,no4 #gae #aaeth ,,congress #b;d ,session ,s4 #aidb ,report ,no4 #aae-daa ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #e1 #bjag,ms4 ,heitkamp 7for herself1 ,mr4 ,tester1 ,mr4 ,franken1 ,mr4 ,heinrich1 ,mr4 ,merkley1 ,ms4 ,warren1 ,ms4 ,cortez ,masto1 ,mr4 ,wyden1 ,ms4 ,murkowski1 ,ms4 ,collins1 ,ms4 ,klobuchar1 ,mr4 ,tillis1 ,ms4 ,smith1 ,ms4 ,cantwell1 ,mr4 ,udall1 ,mr4 ,schatz1 ,mrs4 ,murray1 and ,mrs4 ,gillibrand7 introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,december #d1 #bjah,reported by ,mr4 ,hoeven1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to direct the ,attorney ,general to review1 revise1 and develop law enforcement and justice protocols appropriate to address missing and murdered ,indians1 and for other purposes4 #a4 ,short title ,this ,act may be cited as ,savanna's ,act4 #b4 ,findings and purposes 7a7 ,findings ,congress finds the following3 7#a7 ,on some reservations1 ,indian women are murdered at more than #aj times the national average4 7#b7 ,american ,indians and ,alaska ,natives are #b4e times as likely to experience violent crimes--and at least #b times more likely to experience rape or sexual assault crimes--compared to all other races4 7#c7 ,more than #d in #e ,american ,indian and ,alaska ,native women1 or #hd4c percent1 have experienced violence in their lifetime4 7#d7 ,according to the ,centers for ,disease ,control and ,prevention1 homicide is the third leading cause of death among ,american ,indian and ,alaska ,native women between #aj and #bd years of age and the fifth leading cause of death for ,american ,indian and ,alaska ,native women between #be and #cd years of age4 7#e7 ,according to a #bjaj ,government ,accountability ,office report1 ,united ,states ,attorneys declined to prosecute nearly #eb percent of violent crimes that occur in ,indian country4 7#f7 ,investigation into cases of missing and murdered ,indian women is made difficult for ,tribal law enforcement agencies due to a lack of resources1 such as-- 7,a7 necessary training1 equipment1 or funding2 7,b7 a lack of interagency cooperation2 and 7,c7 a lack of appropriate laws in place4 7#g7 ,the complicated jurisdictional scheme that exists in ,indian country-- 7,a7 has a significant negative impact on the ability to provide public safety to ,indian communities2 7,b7 has been increasingly exploited by criminals2 and 7,c7 requires a high degree of commitment and cooperation among ,tribal1 ,federal1 and ,state law enforcement officials4 7b7 ,purposes ,the purposes of this ,act are-- 7#a7 to clarify the responsibilities of ,federal1 ,state1 ,tribal1 and local governments with respect to responding to cases of missing and murdered ,indians2 7#b7 to increase coordination and communication among ,federal1 ,state1 ,tribal1 and local law enforcement agencies2 7#c7 to empower ,tribal governments with the resources and information necessary to effectively respond to cases of missing and murdered ,indians2 and 7#d7 to increase the collection of data related to missing and murdered ,indian women and the sharing of information among ,federal1 ,state1 and ,tribal officials responsible for responding to and investigating cases of missing and murdered ,indians4 #c4 ,definitions ,in this ,act3 7#a7 ,federal databases ,the term ,federal databases means-- 7,a7 the ,national ,crime ,information ,center database2 7,b7 the ,combined ,,dna ,index ,system2 7,c7 the ,integrated ,automated ,fingerprint ,identification ,system2 7,d7 the ,violent ,criminal ,apprehension ,program2 7,e7 the ,national ,missing and ,unidentified ,persons ,system2 and 7,f7 other ,federal databases relevant to responding to cases of missing and murdered ,indians4 7#b7 ,indian ,the term ,indian means a member of an ,indian ,tribe4 7#c7 ,indian country ,the term ,indian country has the meaning given the term in section #aaea of title #ah1 ,united ,states ,code4 7#d7 ,indian tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#e7 ,law enforcement agency ,the term law enforcement agency means a ,tribal1 ,federal1 ,state1 or local law enforcement agency4 #d4 ,improving ,tribal access to ,federal crime information databases 7a7 ,tribal enrollment information ,not later than #cj days after the date of enactment of this ,act1 the ,attorney ,general shall update the online data entry format for ,federal databases to include a new data field for users to input the victim's ,tribal enrollment information or affiliation1 as appropriate4 7b7 ,consultation 7#a7 ,initial consultation ,not later than #abj days after the date of enactment of this ,act1 the ,attorney ,general1 in cooperation with the ,secretary of the ,interior1 shall complete a formal consultation with ,indian ,tribes on how to further improve ,tribal data relevance and access to ,federal databases1 which shall also inform the development of law enforcement and justice protocols under section #e7;a74 7#b7 ,annual consultation ,section #ijc7;b7 of the ,violence ,against ,women and ,department of ,justice ,reauthorization ,act of #bjje 7#cd ,u4,s4,c4 #bjabf7 is amended-- 7,a7 by striking paragraph 7#b7 and inserting the following3 7#b7 enhancing the safety of ,indian women from domestic violence1 dating violence1 sexual assault1 homicide1 stalking1 and sex trafficking2 2 7,b7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#d7 improving access to local1 regional1 ,state1 and ,federal crime information databases and criminal justice information systems4 4 7c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general shall prepare and submit a report to the ,committee on ,indian ,affairs and the ,committee on the ,judiciary of the ,senate and the ,committee on ,natural ,resources and the ,committee on the ,judiciary of the ,house of ,representatives that includes-- 7#a7 the results of the formal consultation described in subsection 7b77#a72 7#b7 a description of the outstanding barriers ,indian ,tribes face in acquiring full access to ,federal databases and related national crime information systems2 and 7#c7 the plan of action of the ,department of ,justice to-- 7,a7 implement suggestions received from ,indian ,tribes through the consultation process2 and 7,b7 resolve the outstanding barriers described under paragraph 7#b74 #e4 ,standardized protocols for responding to cases of missing and murdered ,indians 7a7 ,standardized protocols for missing and murdered ,indians 7#a7 ,in general ,not later than #ij days after the consultation process described in section #d7;b77#a71 the ,attorney ,general1 in cooperation with the ,secretary of the ,interior and in consultation with ,indian ,tribes1 shall-- 7,a7 review existing 7as of the date of the review7 law enforcement and justice protocols appropriate to missing and murdered ,indians2 and 7,b7 recommend such existing protocols1 revise such existing protocols1 or develop new protocols1 as necessary1 to establish protocols to serve as guidelines for law enforcement agencies with respect to missing and murdered ,indians4 7#b7 ,public availability ,the ,attorney ,general shall make the protocols under paragraph 7#a7 publicly available and shall distribute them to law enforcement agencies4 7b7 ,requirements ,the standardized protocols under subsection 7a7 shall include the following3 7#a7 ,guidance on inter-jurisdictional cooperation among law enforcement agencies at the ,tribal1 ,federal1 ,state1 and local levels4 7#b7 ,standards on the collection1 reporting1 and analysis of data and information on missing persons and unidentified human remains appropriate to ,indians1 including standards on entering information to ,federal databases on missing persons within a certain timeframe after receiving the missing persons report4 7#c7 ,guidance on improving law enforcement response rates and follow-up to cases of missing and murdered ,indians4 7#d7 ,methods to ensure access to victim services for ,indian victims and their families4 7c7 ,directions to ,united ,states attorneys 7#a7 ,directions ,not later than #bdj days after the date of enactment of this ,act1 the ,attorney ,general shall direct ,united ,states attorneys with jurisdiction to prosecute crimes in ,indian country under sections #aaeb and #aaec of title #ah1 ,united ,states ,code1 to develop written standard protocols to investigate cases of missing and murdered ,indians that-- 7,a7 are guided by the standardized protocols under subsection 7a72 7,b7 are developed in consultation with ,indian ,tribes and other ,federal partners1 including-- 7i7 the ,federal ,bureau of ,investigation2 7ii7 the ,department of the ,interior2 7iii7 the ,bureau of ,indian ,affairs2 and 7iv7 the ,indian ,health ,service2 7,c7 detail specific responsibilities of each ,federal partner2 and 7,d7 shall be implemented not later than #fj days after the direction is issued4 7#b7 ,additional directions ,not later than #bdj days after the date of enactment of this ,act1 the ,attorney ,general shall direct ,united ,states attorneys with jurisdiction to prosecute crimes in ,indian ,country from an authority other than section #aaeb or #aaec of title #ah1 ,united ,states ,code1 to discuss the ,federal response to cases of missing and murdered ,indians with their ,tribal partners and ,federal partners as appropriate during annual consultations4 7d7 ,training and technical assistance ,the ,attorney ,general shall provide ,indian ,tribes and law enforcement agencies with training and technical assistance relating to the development and implementation of the law enforcement and justice protocols of the ,indian ,tribes and agencies1 respectively1 in accordance with the standardized protocols under subsection 7a74 7e7 ,compliance ,not later than #ah months after the date of enactment of this ,act1 ,federal law enforcement agencies with jurisdiction to investigate and prosecute crimes relating to missing and murdered ,indians shall modify the law enforcement and justice protocols of the agency to satisfactorily comply with the standardized protocols under subsection 7a74 #f4 ,annual reporting requirements 7a7 ,beginning in the first fiscal year after the date of enactment of this ,act1 and annually thereafter1 the ,attorney ,general and the ,secretary of the ,interior shall jointly prepare and submit a report1 to the ,committee on ,indian ,affairs and the ,committee on the ,judiciary of the ,senate and the ,committee on ,natural ,resources and the ,committee on the ,judiciary of the ,house of ,representatives1 that-- 7#a7 includes known statistics on missing and murdered ,indian women in the ,united ,states2 7#b7 provides recommendations regarding how to improve data collection on missing and murdered ,indian women2 and 7#c7 includes information relevant to the implementation of the standardized protocols developed under section #e7;a74 #a4 ,short title ,this ,act may be cited as ,savanna's ,act4 #b4 ,findings and purposes 7a7 ,findings ,congress finds the following3 7#a7 ,on some reservations1 ,indian women are murdered at more than #aj times the national average4 7#b7 ,american ,indians and ,alaska ,natives are #b4e times as likely to experience violent crimes--and at least #b times more likely to experience rape or sexual assault crimes--compared to all other races according to the ,national ,congress of ,american ,indians4 7#c7 ,more than #d in #e ,american ,indian and ,alaska ,native women1 or #hd4c percent1 have experienced violence in their lifetime according to the ,national ,institute of ,justice4 7#d7 ,more than #d in #e ,american ,indian and ,alaska ,native men1 or #ha4f percent1 have experienced violence in their lifetime according to the ,national ,institute of ,justice4 7#e7 ,according to the ,centers for ,disease ,control and ,prevention1 homicide is the third leading cause of death among ,american ,indian and ,alaska ,native women between #aj and #bd years of age and the fifth leading cause of death for ,american ,indian and ,alaska ,native women between #be and #cd years of age4 7#f7 ,investigation into cases of missing and murdered ,indian women is made difficult for ,tribal law enforcement agencies due to a lack of resources1 such as-- 7,a7 necessary training1 equipment1 or funding2 7,b7 a lack of interagency cooperation2 and 7,c7 a lack of appropriate laws in place4 7#g7 ,the complicated jurisdictional scheme that exists in ,indian country-- 7,a7 has a significant negative impact on the ability to provide public safety to ,indian communities2 7,b7 has been increasingly exploited by criminals2 and 7,c7 requires a high degree of commitment and cooperation among ,tribal1 ,federal1 and ,state law enforcement officials4 7b7 ,purposes ,the purposes of this ,act are-- 7#a7 to clarify the responsibilities of ,federal1 ,state1 ,tribal1 and local law enforcement agencies with respect to responding to cases of missing and murdered ,indians2 7#b7 to increase coordination and communication among ,federal1 ,state1 ,tribal1 and local law enforcement agencies1 including medical examiner and coroner offices2 7#c7 to empower ,tribal governments with the resources and information necessary to effectively respond to cases of missing and murdered ,indians2 and 7#d7 to increase the collection of data related to missing and murdered ,indian men and women and the sharing of information among ,federal1 ,state1 and ,tribal officials responsible for responding to and investigating cases of missing and murdered ,indians4 #c4 ,definitions ,in this ,act3 7#a7 ,databases ,the term databases means-- 7,a7 the ,national ,crime ,information ,center database2 7,b7 the ,combined ,,dna ,index ,system2 7,c7 the ,next ,generation ,identification ,system2 and 7,d7 any other database relevant to responding to cases of missing and murdered ,indians1 including that under the ,violent ,criminal ,apprehension ,program and the ,national ,missing and ,unidentified ,persons ,system4 7#b7 ,indian ,the term ,indian means a member of an ,indian ,tribe4 7#c7 ,indian country ,the term ,indian country has the meaning given the term in section #aaea of title #ah1 ,united ,states ,code4 7#d7 ,indian land ,the term ,indian land means-- 7,a7 ,indian lands1 as defined in section #c of the ,native ,american ,business ,development1 ,trade ,promotion1 and ,tourism ,act of #bjjj 7#be ,u4,s4,c4 #dcjb72 and 7,b7 land owned by a ,regional ,corporation or ,village ,corporation1 as such terms are defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb74 7#e7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#f7 ,law enforcement agency ,the term law enforcement agency means a ,tribal1 ,federal1 ,state1 or local law enforcement agency4 #d4 ,improving ,tribal access to databases 7a7 ,tribal enrollment information ,the ,attorney ,general shall provide training to law enforcement agencies regarding how to record the ,tribal enrollment information or affiliation1 as appropriate1 of a victim in ,federal databases4 7b7 ,consultation 7#a7 ,consultation ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general1 in cooperation with the ,secretary of the ,interior1 shall complete a formal consultation with ,indian ,tribes on how to further improve ,tribal data relevance and access to databases4 7#b7 ,annual consultation ,section #ijc7;b7 of the ,violence ,against ,women and ,department of ,justice ,reauthorization ,act of #bjje 7#cd ,u4,s4,c4 #bjabf7 is amended-- 7,a7 by striking paragraph 7#b7 and inserting the following3 7#b7 enhancing the safety of ,indian women from domestic violence1 dating violence1 sexual assault1 homicide1 stalking1 and sex trafficking2 2 7,b7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#d7 improving access to local1 regional1 ,state1 and ,federal crime information databases and criminal justice information systems4 4 7c7 ,notification ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general shall-- 7#a7 develop and implement a dissemination strategy to notify ,united ,states citizens of the ,national ,missing and ,unidentified ,persons ,system2 and 7#b7 conduct specific outreach to ,indian ,tribes regarding the ability to publicly enter information1 through the ,national ,missing and ,unidentified ,persons ,system or other non-law enforcement sensitive portal1 regarding missing persons1 which may include family members and other known acquaintances4 #e4 ,guidelines for responding to cases of missing and murdered ,indians 7a7 ,in general ,not later than #ahj days after the date on which the consultation described in section #d7;b77#a7 is completed1 the ,attorney ,general shall direct ,united ,states attorneys with jurisdiction to prosecute crimes in ,indian country under sections #aaeb and #aaec of title #ah1 ,united ,states ,code1 or any other provision of law1 as part of the annual consultations on sexual violence by ,united ,states attorneys with ,indian ,tribes and ,federal partners1 to develop guidelines to respond to cases of missing and murdered ,indians that shall include-- 7#a7 guidelines on inter-jurisdictional cooperation among law enforcement agencies at the ,tribal1 ,federal1 ,state1 and local levels1 including inter-jurisdictional enforcement of protection orders and detailing specific responsibilities of each law enforcement agency2 7#b7 best practices in conducting searches for missing persons on ,indian land2 7#c7 standards on the collection1 reporting1 and analysis of data and information on missing persons and unidentified human remains1 and information on culturally appropriate identification and handling of human remains identified as ,indian1 including guidance stating that all appropriate information related to missing and murdered ,indians be entered in a timely manner into applicable databases2 7#d7 guidance on which law enforcement agency is responsible for inputting information into appropriate databases under paragraph 7#c7 if the ,tribal law enforcement agency does not have access to those appropriate databases2 7#e7 guidelines on improving law enforcement agency response rates and follow-up responses to cases of missing and murdered ,indians2 and 7#f7 guidelines on ensuring access to culturally appropriate victim services for victims and their families4 7b7 ,consultation ,united ,states attorneys shall develop the guidelines required under subsection 7a7 in consultation with ,indian ,tribes and other ,federal partners1 including-- 7#a7 the ,department of ,justice2 7#b7 the ,federal ,bureau of ,investigation2 7#c7 the ,bureau of ,indian ,affairs2 7#d7 ,tribal1 ,state1 and local law enforcement agencies2 7#e7 medical examiners2 7#f7 coroners2 and 7#g7 ,tribal1 ,state1 and local organizations that provide victim services4 7c7 ,compliance 7#a7 ,in general ,not later than #fj days after the next sexual violence response annual consultation occurs in each region after the date of enactment of this ,act1 the ,united ,states attorneys shall modify the sexual violence response guidelines to incorporate the guidelines developed under subsection 7a7 and implement such modified guidelines4 7#b7 ,modification ,each ,federal law enforcement agency shall modify the guidelines1 policies1 and protocols of the agency to incorporate the guidelines developed under subsection 7a74 7#c7 ,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 subsection1 the ,attorney ,general shall determine whether each ,tribal1 ,state1 and local law enforcement agency has incorporated guidelines into their respective guidelines1 policies1 and protocols4 7#d7 ,preference ,for each of fiscal years #bjai through #bjbc1 for the fiscal year in which a grant was solicited1 the ,attorney ,general shall give affirmative preference to all ,national ,institute of ,justice and ,office for ,victims of ,crime discretionary grant applications of a ,tribal1 ,state1 or local law enforcement agency1 or applications submitted on behalf of such law enforcement agencies by a local1 ,state1 or ,tribal government1 if the ,attorney ,general has determined under paragraph 7#c7 that the agency has incorporated the guidelines4 7d7 ,accountability ,not later than #cj days after compliance determinations are made each fiscal year in accordance with subsection 7c77#c71 the ,attorney ,general shall-- 7#a7 disclose and publish1 including on the website of the ,department of ,justice1 the name of each ,tribal1 ,state1 or local law enforcement agency that the ,attorney ,general has determined has not incorporated guidelines in accordance with subsection 7c77#c72 and 7#b7 if a law enforcement agency described in paragraph 7#a7 subsequently receives a determination of compliance1 the ,attorney ,general shall-- 7,a7 immediately correct the applicable record2 and 7,b7 not later than #c days after the determination1 remove the record from the website of the ,department of ,justice and any other location where the record was published4 7e7 ,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-- 7#a7 implementing the guidelines developed under subsection 7a7 or developing and implementing locally specific guidelines or protocols for responding to cases of missing and murdered ,indians2 and 7#b7 using the ,national ,missing and ,unidentified ,persons ,system and accessing program services that will assist ,indian ,tribes with responding to cases of missing and murdered ,indians4 #f4 ,annual reporting requirements 7a7 ,annual reporting ,beginning in the first fiscal year after the date of enactment of this ,act1 the ,attorney ,general shall include in its annual ,indian ,country ,investigations and ,prosecutions report to ,congress information that-- 7#a7 includes known statistics on missing ,indians in the ,united ,states1 available to the ,department of ,justice1 including-- 7,a7 age2 7,b7 gender2 7,c7 ,tribal enrollment information or affiliation1 if available2 7,d7 the current number of open cases per ,state2 7,e7 the total number of closed cases per ,state each calendar year1 from the most recent #aj calendar years2 and 7,f7 other relevant information the ,attorney ,general determines is appropriate2 7#b7 includes known statistics on murdered ,indians in the ,united ,states1 available to the ,department of ,justice1 including-- 7,a7 age2 7,b7 gender2 7,c7 ,tribal enrollment information or affiliation1 if available2 7,d7 the current number of open cases per ,state2 7,e7 the total number of closed cases per ,state each calendar year1 from the most recent #aj calendar years2 and 7,f7 other relevant information the ,attorney ,general determines is appropriate2 7#c7 maintains victim privacy to the greatest extent possible by excluding information that can be used on its own or with other information to identify1 contact1 or locate a single person1 or to identify an individual in context2 and 7#d7 includes-- 7,a7 an explanation of why the statistics described in paragraph 7#a7 may not be comprehensive2 and 7,b7 recommendations on how data collection on missing and murdered ,indians may be improved4 7b7 ,compliance 7#a7 ,in general ,beginning in the first fiscal year after the date of enactment of this ,act1 and annually thereafter1 for the purpose of compiling accurate data for the annual report required under subsection 7a71 the ,attorney ,general shall request all ,tribal1 ,state1 and local law enforcement agencies to submit to the ,department of ,justice1 to the fullest extent possible1 all relevant information required1 as determined by the ,attorney ,general4 7#b7 ,disclosure ,the ,attorney ,general shall disclose and publish annually1 including on the website of the ,department of ,justice1 the name of each ,tribal1 ,state1 or local law enforcement agency that the ,attorney ,general has determined has not submitted the information requested under paragraph 7#a7 for the fiscal year in which the report was published4 7#c7 ,preference ,for each of fiscal years #bjai through #bjbc1 for the fiscal year in which a grant was solicited1 the ,attorney ,general shall give affirmative preference to all ,department of ,justice discretionary grant applications of a ,tribal1 ,state1 or local law enforcement agency1 or applications submitted on behalf of such law enforcement agencies by a local1 ,state1 or ,tribal government1 that would aid in the implementation of the guidelines developed under section #e or help address the issue of missing and murdered ,indians1 if the ,attorney ,general has determined the agency has submitted the information requested under paragraph 7#a7 for the fiscal year in which the report was published4 7c7 ,inclusion of gender in missing and unidentified persons statistics ,beginning in the first calendar year after the date of enactment of this ,act1 and annually thereafter1 the ,federal ,bureau of ,investigation shall include gender in its annual statistics on missing and unidentified persons published on its public website4 ,december #d1 #bjah,reported with an amendment