[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2438 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 409
116th CONGRESS
  2d Session
                                H. R. 2438

                      [Report No. 116-509, Part I]

   To increase intergovernmental coordination to identify and combat 
           violent crime within Indian lands and of Indians.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 1, 2019

 Ms. Haaland (for herself, Ms. Davids of Kansas, Mr. Cole, Mr. Mullin, 
 Ms. Gabbard, Mr. Kilmer, Ms. Moore, Ms. Bass, Mr. Cook, Mr. Gallego, 
Mr. Ruiz, Mr. Case, Mr. Grijalva, Mr. Kind, Mrs. Carolyn B. Maloney of 
 New York, and Mr. Smith of Washington) introduced the following bill; 
   which was referred to the Committee on Natural Resources, and in 
    addition to the Committee on the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

                           September 16, 2020

Additional sponsors: Mr. Hastings, Mr. Heck, Mr. Kildee, Ms. Kendra S. 
 Horn of Oklahoma, Ms. Sewell of Alabama, Ms. Norton, Ms. DelBene, Mr. 
 Fitzpatrick, Mrs. Bustos, Mr. Larsen of Washington, Ms. Kuster of New 
 Hampshire, Mr. Young, Mr. O'Halleran, Ms. Bonamici, Ms. Pingree, Mr. 
Aguilar, Mr. DeFazio, Mr. Lujan, Mrs. Lawrence, Ms. Lee of California, 
Ms. Underwood, Mr. Khanna, Mrs. Davis of California, Ms. Roybal-Allard, 
  Mr. DeSaulnier, Mr. Blumenauer, Mr. Joyce of Ohio, Ms. Speier, Ms. 
    Torres Small of New Mexico, Mrs. Axne, Mr. Clay, Mr. Crow, Ms. 
Mucarsel-Powell, Mr. Stauber, Mr. Moulton, Mr. Stanton, Mr. Ted Lieu of 
  California, Ms. Scanlon, Ms. Garcia of Texas, Ms. Jackson Lee, Mr. 
Cartwright, Ms. McCollum, Mr. Newhouse, Ms. Brownley of California, and 
                          Ms. Blunt Rochester


                           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 1, 
                                 2019]

_______________________________________________________________________

                                 A BILL


 
   To increase intergovernmental coordination to identify and combat 
           violent crime within Indian lands and of Indians.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Not Invisible Act of 2020''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``Commission'' means the Department of the 
        Interior and the Department of Justice Joint Commission on 
        Reducing Violent Crime Against Indians under section 4;
            (2) the term ``human trafficking'' means act or practice 
        described in paragraph (9) or paragraph (10) of section 103 of 
        the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
        7102);
            (3) the term ``Indian'' means a member of an Indian tribe;
            (4) the terms ``Indian lands'' and ``Indian tribe'' have 
        the meanings given the terms in section 3 of the Native 
        American Business Development, Trade Promotion, and Tourism Act 
        of 2000 (25 U.S.C. 4302); and
            (5) the terms ``urban centers'' and ``urban Indian 
        organization'' have the meanings given the terms in section 4 
        of the Indian Health Care Improvement Act (25 U.S.C. 1603).

SEC. 3. COORDINATOR OF FEDERAL EFFORTS TO COMBAT VIOLENCE AGAINST 
              NATIVE PEOPLE.

    (a) Coordinator Designation.--The Secretary of the Interior shall 
designate an official within the Office of Justice Services in the 
Bureau of Indian Affairs who shall--
            (1) coordinate prevention efforts, grants, and programs 
        related to the murder of, trafficking of, and missing Indians 
        across Federal agencies, including--
                    (A) the Bureau of Indian Affairs; and
                    (B) the Department of Justice, including--
                            (i) the Office of Justice Programs;
                            (ii) the Office on Violence Against Women;
                            (iii) the Office of Community Oriented 
                        Policing Services;
                            (iv) the Federal Bureau of Investigation; 
                        and
                            (v) the Office of Tribal Justice;
            (2) ensure prevention efforts, grants, and programs of 
        Federal agencies related to the murder of, trafficking of, and 
        missing Indians consider the unique challenges of combating 
        crime, violence, and human trafficking of Indians and on Indian 
        lands faced by Tribal communities, urban centers, the Bureau of 
        Indian Affairs, Tribal law enforcement, Federal law 
        enforcement, and State and local law enforcement;
            (3) work in cooperation with outside organizations with 
        expertise in working with Indian tribes and Indian Tribes to 
        provide victim centered and culturally relevant training to 
        tribal law enforcement, Indian Health Service health care 
        providers, urban Indian organizations, Tribal community members 
        and businesses, on how to effectively identify, respond to and 
        report instances of missing persons, murder, and trafficking 
        within Indian lands and of Indians; and
            (4) report directly to the Secretary of the Interior.
    (b) Report.--The official designated in subsection (a) shall submit 
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 a report to provide 
information on Federal coordination efforts accomplished over the 
previous year that includes--
            (1) a summary of all coordination activities undertaken in 
        compliance with this section;
            (2) a summary of all trainings completed under subsection 
        (a)(3); and
            (3) recommendations for improving coordination across 
        Federal agencies and of relevant Federal programs.

SEC. 4. ESTABLISHMENT OF THE DEPARTMENT OF INTERIOR AND THE DEPARTMENT 
              OF JUSTICE JOINT COMMISSION ON REDUCING VIOLENT CRIME 
              AGAINST INDIANS.

    (a) Establishment.--Not later than 120 days after the date of 
enactment of this Act, the Secretary of the Interior, in coordination 
with the Attorney General, shall establish and appoint all members of a 
joint commission on violent crime on Indian lands and against Indians.
    (b) Membership.--
            (1) Composition.--
                    (A) In general.--The Commission shall be composed 
                of members who represent diverse experiences and 
                backgrounds that provide balanced points of view with 
                regard to the duties of the Commission.
                    (B) Diversity.--To the greatest extent practicable, 
                the Secretary of the Interior shall ensure the 
                Commission includes Tribal representatives from diverse 
                geographic areas and of diverse sizes.
            (2) Appointment.--The Secretary of the Interior, in 
        coordination with the Attorney General, shall appoint the 
        members to the Commission, including representatives from--
                    (A) tribal law enforcement;
                    (B) the Office of Justice Services of the Bureau of 
                Indian Affairs;
                    (C) State and local law enforcement in close 
                proximity to Indian lands, with a letter of 
                recommendation from a local Indian Tribe;
                    (D) the Victim Services Division of the Federal 
                Bureau of Investigation;
                    (E) the Department of Justice's Human Trafficking 
                Prosecution Unit;
                    (F) the Office of Violence Against Women of the 
                Department of Justice;
                    (G) the Office of Victims of Crime of the 
                Department of Justice;
                    (H) a United States attorney's office with 
                experience in cases related to missing persons, murder, 
                or trafficking of Indians or on Indian land;
                    (I) the Administration for Native Americans of the 
                Office of the Administration for Children & Families of 
                the Department of Health and Human Services;
                    (J) the Substance Abuse and Mental Health Services 
                Administration of the Department of Health and Human 
                Services;
                    (K) a Tribal judge with experience in cases related 
                to missing persons, murder, or trafficking;
                    (L) not fewer than 3 Indian Tribes from diverse 
                geographic areas, including 1 Indian tribe located in 
                Alaska, selected from nominations submitted by the 
                Indian Tribe;
                    (M) not fewer than 2 health care and mental health 
                practitioners and counselors and providers with 
                experience in working with Indian survivors of 
                trafficking and sexual assault, with a letter of 
                recommendation from a local tribal chair or tribal law 
                enforcement officer;
                    (N) not fewer than 3 national, regional, or urban 
                Indian organizations focused on violence against women 
                and children on Indian lands or against Indians;
                    (O) at least 2 Indian survivors of human 
                trafficking;
                    (P) at least 2 family members of missing Indian 
                people;
                    (Q) at least 2 family members of murdered Indian 
                people;
                    (R) the National Institute of Justice; and
                    (S) the Indian Health Service.
            (3) Periods of appointment.--Members shall be appointed for 
        the duration of the Commission.
            (4) Vacancies.--A vacancy in the Commission shall be filled 
        in the manner in which the original appointment was made and 
        shall not affect the powers or duties of the Commission.
            (5) Compensation.--Commission members shall serve without 
        compensation.
            (6) Travel expenses.--The Secretary of the Interior, in 
        coordination with the Attorney General, shall consider the 
        provision of travel expenses, including per diem, to Commission 
        members when appropriate.
    (c) Duties.--
            (1) In general.--The Commission may hold such hearings, 
        meet and act at times and places, take such testimony, and 
        receive such evidence as the Commission considers to be 
        advisable to carry out the duties of the Commission under this 
        section.
            (2) Recommendations for the department of interior and 
        department of justice.--
                    (A) In general.--The Commission shall develop 
                recommendations to the Secretary of the Interior and 
                Attorney General on actions the Federal Government can 
                take to help combat violent crime against Indians and 
                within Indian lands, including the development and 
                implementation of recommendations for--
                            (i) identifying, reporting, and responding 
                        to instances of missing persons, murder, and 
                        human trafficking on Indian lands and of 
                        Indians;
                            (ii) legislative and administrative changes 
                        necessary to use programs, properties, or other 
                        resources funded or operated by the Department 
                        of the Interior and Department of Justice to 
                        combat the crisis of missing or murdered 
                        Indians and human trafficking on Indian lands 
                        and of Indians;
                            (iii) tracking and reporting data on 
                        instances of missing persons, murder, and human 
                        trafficking on Indian lands and of Indians;
                            (iv) addressing staff shortages and open 
                        positions within relevant law enforcement 
                        agencies, including issues related to the 
                        hiring and retention of law enforcement 
                        officers;
                            (v) coordinating tribal, State, and Federal 
                        resources to increase prosecution of murder and 
                        human trafficking offenses on Indian lands and 
                        of Indians; and
                            (vi) increasing information sharing with 
                        tribal governments on violent crime 
                        investigations and prosecutions in Indian lands 
                        that were terminated or declined.
                    (B) Submission.--Not later than 18 months after the 
                enactment of this Act, the Commission shall make 
                publicly available and submit all recommendations 
                developed under this paragraph to--
                            (i) the Secretary of the Interior;
                            (ii) the Attorney General;
                            (iii) the Committee on the Judiciary of the 
                        Senate;
                            (iv) the Committee on Indian Affairs of the 
                        Senate;
                            (v) the Committee on Natural Resources of 
                        the House of Representatives; and
                            (vi) the Committee on the Judiciary of the 
                        House of Representatives.
                    (C) Secretarial response.--Not later than 90 days 
                after the date on which the Secretary of the Interior 
                and the Attorney General receive the recommendations 
                under paragraph (2), the Secretary and the Attorney 
                General shall each make publicly available and submit a 
                written response to the recommendations to--
                            (i) the Commission;
                            (ii) the Committee on the Judiciary of the 
                        Senate;
                            (iii) the Committee on Indian Affairs of 
                        the Senate;
                            (iv) the Committee on Natural Resources of 
                        the House of Representatives; and
                            (v) the Committee on the Judiciary of the 
                        House of Representatives.
    (d) Faca Exemption.--The Commission shall be exempt from the 
Federal Advisory Committee Act (5 U.S.C. App.).
    (e) Sunset.--The Commission shall terminate on the date that is 2 
years after the date of enactment of this Act.
                                                 Union Calendar No. 409

116th CONGRESS

  2d Session

                               H. R. 2438

                      [Report No. 116-509, Part I]

_______________________________________________________________________

                                 A BILL

   To increase intergovernmental coordination to identify and combat 
           violent crime within Indian lands and of Indians.

_______________________________________________________________________

                           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