25 U.S.C. § 5705 — Annual reporting requirements

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; Page 805 TITLE 25—INDIANS § 5802 (B) gender; (C) Tribal enrollment information or affili- ation, 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 re- cent 10 calendar years; and (F) other relevant information the Attor- ney 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 affili- ation, 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 re- cent 10 calendar years; and (F) other relevant information the Attor- ney 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 informa- tion 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 com- prehensive; and (B) recommendations on how data collec- tion on missing or murdered Indians may be improved. (b) Compliance (1) In general Beginning in the first fiscal year after Octo- ber 10, 2020, and annually thereafter, for the purpose of compiling accurate data for the an- nual 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 informa- tion pertaining to missing or murdered Indi- ans collected by the Tribal, State, and local law enforcement agency, and in a format pro- vided by the Department of Justice that en- sures 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 unidenti- fied persons statistics Beginning in the first calendar year after Oc- tober 10, 2020, and annually thereafter, the Fed- eral Bureau of Investigation shall include gen- der in its annual statistics on missing and un- identified persons published on its public website. (Pub. L. 116–165, § 6, Oct. 10, 2020, 134 Stat. 763.) CHAPTER 50—NATIVE AMERICAN BUSINESS INCUBATORS PROGRAM Sec. 5801. Findings. 5802. Definitions. 5803. Establishment of program. 5804. Regulations. 5805. Schools to business incubator pipeline. 5806. Agency partnerships. 5807. Authorizations of appropriations. § 5801. Findings Congress finds that— (1) entrepreneurs face specific challenges when transforming ideas into profitable busi- ness enterprises; (2) entrepreneurs that want to provide prod- ucts and services in reservation communities face an additional set of challenges that re- quires special knowledge; (3) a business incubator is an organization that assists entrepreneurs in navigating obsta- cles that prevent innovative ideas from be- coming viable businesses by providing services that include— (A) workspace and facilities resources; (B) access to capital, business education, and counseling; (C) networking opportunities; (D) mentorship opportunities; and (E) an environment intended to help estab- lish and expand business operations; (4) the business incubator model is suited to accelerating entrepreneurship in reservation communities because the business incubator model promotes collaboration to address shared challenges and provides individually tailored services for the purpose of overcoming obstacles unique to each participating busi- ness; and (5) business incubators will stimulate eco- nomic development by providing Native entre- preneurs with the tools necessary to grow businesses that offer products and services to reservation communities. (Pub. L. 116–174, § 2, Oct. 20, 2020, 134 Stat. 839.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 116–174, § 1, Oct. 20, 2020, 134 Stat. 839, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Native American Business Incubators Program Act’.’’ § 5802. Definitions In this chapter: (1) Business incubator The term ‘‘business incubator’’ means an or- ganization that— (A) provides physical workspace and facili- ties resources to startups and established businesses; and (B) is designed to accelerate the growth and success of businesses through a variety of business support resources and services, including— (i) access to capital, business education, and counseling;