25 U.S.C. § 5704 — Guidelines for responding to cases of

Page 803 TITLE 25—INDIANS § 5704 cies with respect to responding to cases of missing or murdered Indians; (2) to increase coordination and communica- tion 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 effec- tively 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 re- sponding to and investigating cases of missing or murdered Indians. (Pub. L. 116–165, § 2, Oct. 10, 2020, 134 Stat. 760.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 116–165, Oct. 10, 2020, 134 Stat. 760, known as Savanna’s Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 116–165, § 1, Oct. 10, 2020, 134 Stat. 760, provided that: ‘‘This Act [enacting this chapter and amending sections 10452, 10461, and 20126 of Title 34, Crime Control and Law Enforcement] may be cited as ‘Savanna’s Act’.’’ § 5702. Definitions In this chapter: (1) Confer The term ‘‘confer’’ has the meaning given the term in section 1660d of this title. (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 re- sponding to cases of missing or murdered In- dians, including that under the Violent Criminal Apprehension Program and the Na- tional Missing and Unidentified Persons Sys- tem. (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. (5) Indian land The term ‘‘Indian land’’ means Indian lands, as defined in section 4302 of this title. (6) Indian Tribe The term ‘‘Indian Tribe’’ has the meaning given the term ‘‘Indian tribe’’ in section 5304 of this title. (7) Law enforcement agency The term ‘‘law enforcement agency’’ means a Tribal, Federal, State, or local law enforce- ment agency. (Pub. L. 116–165, § 3, Oct. 10, 2020, 134 Stat. 760.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 116–165, Oct. 10, 2020, 134 Stat. 760, known as Savanna’s Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5701 of this title and Tables. § 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 af- filiation, as appropriate, of a victim in Federal databases. (b) Consultation (1) Consultation Not later than 180 days after October 10, 2020, the Attorney General, in cooperation with the Secretary of the Interior, shall complete a for- mal consultation with Indian Tribes on how to further improve Tribal data relevance and ac- cess to databases. (2) Initial confer Not later than 180 days after October 10, 2020, the Attorney General, in coordination with the Secretary of the Interior, shall confer with Tribal organizations and urban Indian organi- zations on how to further improve American Indian and Alaska Native data relevance and access to databases. (3) Omitted (c) Notification Not later than 180 days after October 10, 2020, 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 Miss- ing and Unidentified Persons System or other non-law enforcement sensitive portal, regard- ing missing persons, which may include family members and other known acquaintances. (Pub. L. 116–165, § 4, Oct. 10, 2020, 134 Stat. 761.) Editorial Notes CODIFICATION Section is comprised of section 4 of Pub. L. 116–165. Subsec. (b)(3) of section 4 of Pub. L. 116–165 is classified to section 20126 of Title 34, Crime Control and Law En- forcement. § 5704. 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 5703(b)(1) Page 804 TITLE 25—INDIANS § 5705 of this title 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 co- operation among law enforcement agencies at the Tribal, Federal, State, and local levels, in- cluding inter-jurisdictional enforcement of protection orders and detailing specific re- sponsibilities 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 miss- ing persons and unidentified human remains, and information on culturally appropriate identification and handling of human remains identified as Indian, including guidance stat- ing 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 agen- cy 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 cul- turally appropriate victim services for victims and their families. (b) Consultation United States attorneys shall develop the guidelines required under subsection (a) in con- sultation 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 orga- nizations with relevant expertise. (c) Compliance (1) In general Not later than 1 year after October 10, 2020, the United States attorneys shall implement, by incorporating into office policies and proce- dures, the guidelines developed under sub- section (a). (2) Modification Each Federal law enforcement agency shall modify the guidelines, policies, and protocols of the agency to incorporate the guidelines de- veloped under subsection (a). (3) Determination Not later than the end of each fiscal year be- ginning after the date the guidelines are es- tablished under this section and incorporated under this subsection, upon the request of a Tribal, State, or local law enforcement agen- cy, the Attorney General shall determine whether the Tribal, State, or local law en- forcement agency seeking recognition of com- pliance has incorporated guidelines into their respective guidelines, policies, and protocols. (d) Accountability Not later than 30 days after compliance deter- minations are made each fiscal year in accord- ance with subsection (c)(3), the Attorney Gen- eral shall— (1) disclose and publish, including on the website of the Department of Justice, the name of each Tribal, State, or local law en- forcement 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 en- forcement agency that has requested a deter- mination 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 imple- menting locally specific guidelines or proto- cols for responding to cases of missing or mur- dered Indians; and (2) using the National Missing and Unidenti- fied Persons System and accessing program services that will assist Indian Tribes with re- sponding to cases of missing or murdered Indi- ans. (f) Guidelines from Indian Tribes (1) In general Indian Tribes may submit their own guide- lines to respond to cases of missing or mur- dered Indians to the Attorney General. (2) Publication Upon receipt of any guidelines from an In- dian Tribe, the Attorney General shall publish the guidelines on the website of the Depart- ment of Justice in 1 centralized location to make the guidelines available as a resource to any Federal agency, State, or Tribal govern- ment. (Pub. L. 116–165, § 5, Oct. 10, 2020, 134 Stat. 762.) § 5705. Annual reporting requirements (a) Annual reporting Beginning in the first fiscal year after October 10, 2020, the Attorney General shall include in its annual Indian Country Investigations and Prosecutions report to Congress information that— (1) includes known statistics on missing In- dians in the United States, available to the Department of Justice, including— (A) age;