[Congressional Record Volume 166, Number 163 (Monday, September 21, 2020)]
[House]
[Pages H4579-H4581]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NOT INVISIBLE ACT OF 2019
Ms. SCANLON. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 982) to increase intergovernmental coordination to identify
and combat violent crime within Indian lands and of Indians.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 982
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 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, 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;
[[Page H4580]]
(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Pennsylvania (Ms. Scanlon) and the gentleman from North Dakota (Mr.
Armstrong) each will control 20 minutes.
The Chair recognizes the gentlewoman from Pennsylvania.
General Leave
Ms. SCANLON. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Pennsylvania?
There was no objection.
Ms. SCANLON. Mr. Speaker, I yield myself such time as I may consume.
S. 982, the Not Invisible Act of 2019, introduced by Nevada Senator
Catherine Cortez Masto and passed by the Senate last March, addresses
the crisis of violence and sexual violence committed against American
Indian and Alaska Native men and women in two concrete ways, by
directing the appointment within the Bureau of Indian Affairs of a
coordinator of Federal efforts to combat violence against Native people
and by establishing a commission on reducing violent crime against
Indians.
I commend my colleague, Representative Debra Haaland from New Mexico,
for introducing the companion bill here in the House and for her
efforts in advancing this important legislation.
For decades, Native American and Alaska Native communities have
struggled with high rates of assault, abduction, and murder of women.
Community advocates describe the crisis as a legacy of generations of
government policies promoting forced removal, land seizures, and
violence inflicted on Native peoples.
Advocates and victims' families also complain, and rightly so, that
the investigation and monitoring of disappearances and killings of
members of their communities have gotten lost in bureaucratic gaps
generated by a system that lacks clarity on whether local or Federal
agencies should investigate. The Federal Government must do something
to address these problems.
The statistics on violence in Native American communities are
staggering. More than four in five American Indian and Alaska Native
women have experienced violence in their lifetime, including 56.1
percent who have experienced sexual violence. American Indian and
Alaska Native men also have high victimization rates, with 81.6 percent
having experienced violence in their lifetime. This problem is, in
large part, the result of decades of neglect by the Federal Government.
This crisis has particularly affected Native American women, scores
of whom have gone missing and have been found murdered. Recently, these
women's stories have begun to be told to a wider audience. But these
stories are not new, and it is long overdue that we address them.
The Not Invisible Act of 2019 is an important step for the Federal
Government in finding an adequate response to the problem of violence
against Native Americans. By making a permanent position within the
Bureau of Indian Affairs that reports directly to the Secretary of the
Interior and who will submit an annual report to Congress, we will
greatly improve the Federal response to combating violence in Native
communities.
Significantly, this bill also directs the BIA coordinator to take
into consideration the unique challenges faced by Native American
communities, both on and off Tribal lands, and to work in cooperation
with outside organizations to train Tribal law enforcement, Indian
Health Service care providers, and other Tribal community members on
identifying, responding to, and reporting on cases of missing persons,
murder, and human trafficking.
For 2 years, a joint commission on reducing violent crimes against
Indians will be tasked with preparing recommendations on concrete
actions the Department of the Interior and the Department of Justice
can take to help combat violent crimes against Native Americans and on
Native American lands. These include the development and implementation
of strategies for identifying, reporting, and responding to instances
of missing persons, murder, and human trafficking; tracking and
reporting relevant data; and increasing prosecutions in this neglected
arena. These are long-overdue critical measures.
It is well past the time to help rectify these problems, and I am
pleased that the Not Invisible Act will go a long way in that process.
Therefore, I urge all of my colleagues to join me in support of this
bill today.
Mr. Speaker, I reserve the balance of my time.
Mr. ARMSTRONG. Mr. Speaker, I yield myself such time as I may
consume.
I rise in support of S. 982, the Not Invisible Act of 2019.
We just discussed the appalling extent of missing and murdered
indigenous women and how Savanna's Act will begin to address this
issue. The Not Invisible Act is another step to solve this abhorrent
problem.
This bill provides an opportunity for the Federal Government to
improve its efforts to combat the growing crisis of murder and
trafficking and the disappearance of indigenous men and women.
While there are many Federal programs tasked with addressing violent
crime, the agencies that operate these programs do not have an
overarching strategy to properly deploy these resources in Indian
Country and in urban Indian communities. Program implementation often
takes place without considering the unique needs of Native American
communities in this context.
S. 982 will require the appropriate agencies to coordinate prevention
efforts, grants, and programs across the Bureau of Indian Affairs and
the Department of Justice, among other stakeholders.
I urge my colleagues to join me in supporting S. 982, and I reserve
the balance of my time.
Ms. SCANLON. Mr. Speaker, I reserve the balance of my time.
Mr. ARMSTRONG. Mr. Speaker, I yield 10 minutes to the gentleman from
Washington (Mr. Newhouse), my good friend.
Mr. NEWHOUSE. Mr. Speaker, I thank my friend from North Dakota (Mr.
Armstrong) for yielding to me on this important issue.
Mr. Speaker, I rise today to urge my colleagues to support a
bipartisan piece of legislation that will finally foster progress
toward addressing the crisis
[[Page H4581]]
that we know is plaguing our Native communities across the country.
Despite unparalleled rates of violence, there is still no reliable
way of knowing how many indigenous women go missing each year nor whose
fate hangs in the balance of an unsolved murder case.
My congressional district in central Washington has been particularly
affected by this crisis. Since the year 2013, there have been 13 cases
of missing or murdered indigenous women on or around the Yakama
Reservation alone.
This number accounts only for the land surrounding one of the 29
federally recognized Tribes in Washington State, let alone the hundreds
of others across the country. This information is available only due to
the efforts and activism of local communities.
Tribal and community leaders have held multiple marches, vigils, and
community forums to raise awareness and demand action.
The diligent reporting of the Yakima Herald-Republic, our local
newspaper, has highlighted the response and activism on the ground by
creating an online hub to list open cases involving missing and
murdered women and providing resources for the community to report such
disappearances.
Recently passed State laws in Olympia have enhanced data collection
and improved communication between Tribal leaders, law enforcement, and
various State agencies.
These local leaders have given a voice to the crisis, and I am
heartened to see that the Federal Government is finally taking action.
For too long, indigenous women and Native communities have faced this
crisis all alone and suffered in silence.
The Trump administration has worked to bring this crisis to light,
creating an interagency task force between the Departments of Justice
and the Interior called Operation Lady Justice.
I was proud to welcome Assistant Secretary for Indian Affairs Tara
Sweeney to central Washington last December, where she highlighted the
administration's effort to deliver justice to Native American
communities. But Secretary Sweeney echoed the concerns of local leaders
and myself by pointing out the need for congressional action.
By sending this bill to President Trump's desk, we are signaling that
we have heard them and that they are no longer invisible.
As Congress takes long-overdue action to address the crisis of
missing and murdered indigenous women, I urge my colleagues to join me
in supporting the Not Invisible Act.
Mr. ARMSTRONG. Mr. Speaker, I don't think I could close any better
than that, so I yield back the balance of my time.
Ms. SCANLON. Mr. Speaker, the Not Invisible Act does precisely what
its title aims to do. It ensures that the Federal Government dedicates
proper attention and gives visibility to the crisis of violence and
sexual violence committed against American Indian and Alaska Native men
and women. Indeed, these communities have been subjected to
invisibility and neglect for far too long.
Mr. Speaker, I urge my colleagues to support this important
bipartisan legislation, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Pennsylvania (Ms. Scanlon) that the House suspend the
rules and pass the bill, S. 982.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________