Sec. 5. Guidelines for responding to cases of missing and murdered Indians
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Not later than 180 days after the date on which the consultation described in section 4(b)(1) is completed, the Attorney General shall direct United States attorneys with jurisdiction to prosecute crimes in Indian country under sections 1152 and 1153 of title 18, United States Code, or any other provision of law, as part of the annual consultations on sexual violence by United States attorneys with Indian Tribes and Federal partners, to develop guidelines to respond to cases of missing and murdered Indians that shall include— 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; best practices in conducting searches for missing persons on Indian land; 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 and murdered Indians be entered in a timely manner into applicable databases; 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; guidelines on improving law enforcement agency response rates and follow-up responses to cases of missing and murdered Indians; and guidelines on ensuring access to culturally appropriate victim services for victims and their families. United States attorneys shall develop the guidelines required under subsection
(a)in consultation with Indian Tribes and other Federal partners, including— the Department of Justice; the Federal Bureau of Investigation; the Bureau of Indian Affairs; Tribal, State, and local law enforcement agencies; medical examiners; coroners; and Tribal, State, and local organizations that provide victim services. Not later than 60 days after the next sexual violence response annual consultation occurs in each region after the date of enactment of this Act, the United States attorneys shall modify the sexual violence response guidelines to incorporate the guidelines developed under subsection
(a)and implement such modified guidelines. Each Federal law enforcement agency shall modify the guidelines, policies, and protocols of the agency to incorporate the guidelines developed under subsection (a). 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, the Attorney General shall determine whether each Tribal, State, and local law enforcement agency has incorporated guidelines into their respective guidelines, policies, and protocols. For each of fiscal years 2019 through 2023, for the fiscal year in which a grant was solicited, the Attorney General shall give affirmative preference to all National Institute of Justice and Office for Victims of Crime discretionary grant applications of a Tribal, State, or local law enforcement agency, or applications submitted on behalf of such law enforcement agencies by a local, State, or Tribal government, if the Attorney General has determined under paragraph
(3)that the agency has incorporated the guidelines. Not later than 30 days after compliance determinations are made each fiscal year in accordance with subsection (c)(3), the Attorney General shall— 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 not incorporated guidelines in accordance with subsection (c)(3); and if a law enforcement agency described in paragraph
(1)subsequently receives a determination of compliance, the Attorney General shall— immediately correct the applicable record; and not later than 3 days after the determination, remove the record from the website of the Department of Justice and any other location where the record was published. 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— implementing the guidelines developed under subsection
(a)or developing and implementing locally specific guidelines or protocols for responding to cases of missing and murdered Indians; and 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 Indians.