[Congressional Record Volume 166, Number 47 (Wednesday, March 11, 2020)]
[Senate]
[Pages S1709-S1710]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       NOT INVISIBLE ACT OF 2019

  Mr. McCONNELL. Mr. President, as in legislative session, I ask 
unanimous consent that the Senate proceed to the immediate 
consideration of Calendar No. 417, S. 982.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The bill clerk read as follows:

       A bill (S. 982) to increase intergovernmental coordination 
     to identify and combat violent crime within Indian lands and 
     of Indians.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Indian Affairs, with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Not Invisible Act of 2019''.

     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,

[[Page S1710]]

     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.

  Mr. McCONNELL. I ask unanimous consent that the committee-reported 
substitute amendment be agreed to and the bill, as amended, be 
considered read a third time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
agreed to.
  The bill, as amended, was ordered to be engrossed for a third reading 
and was read the third time.
  Mr. McCONNELL. I know of no further debate on the bill.
  The PRESIDING OFFICER. If there is no further debate, the bill having 
been read the third time, the question is, Shall the bill pass, as 
amended?
  The bill (S. 982), as amended, was passed.
  Mr. McCONNELL. I ask unanimous consent that the motion to reconsider 
be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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