[Senate Report 116-214]
[From the U.S. Government Publishing Office]
Calendar No. 417
116th Congress} { Report
SENATE
2d Session } { 116-214
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TO INCREASE INTERGOVERNMENTAL COORDINATION TO IDENTIFY AND COMBAT
VIOLENT CRIME WITHIN INDIAN LANDS AND OF INDIANS
_______
February 11, 2020.--Ordered to be printed
_______
Mr. Hoeven, from the Committee on Indian Affairs,
submitted the following
R E P O R T
[To accompany S. 982]
[Including cost estimate of the Congressional Budget Office]
The Committee on Indian Affairs, to which was referred the
bill (S. 982), to increase intergovernmental coordination to
identify and combat violent crime within Indian lands and of
Indians, having considered the same, reports favorably thereon
with an amendment in the nature of a substitute, and recommends
that the bill, as amended, do pass.
PURPOSE
The purpose of S. 982, the Not Invisible Act of 2019, is to
improve the federal government's response to the murder,
trafficking, and disappearance of indigenous persons within the
United States; increase coordination and prevention efforts
between the Department of the Interior (DOI), outside
organizations, and other federal agencies, as appropriate; and,
create a Joint Commission on Reducing Violent Crime Against
Indians within the DOI and the Department of Justice (DOJ).
BACKGROUND
The crisis of missing, murdered, and trafficked American
Indians and Alaska Natives (AI/ANs) has devastated families and
communities across the United States. Approximately 80 percent
of Native American men and women experience violence in their
lifetimes, and 34 percent of Native American women experience
sexual violence in their lifetimes.\1\ Equally disturbing is
the fact that murder is the third-leading cause of death for
AI/AN women in the United States.\2\
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\1\Andre B. Rosay, Violence Against American Indian and Alaska
Native Women and Men (Sept. 2016), available at https://www.ncjrs.gov/
pdffiles1/nij/249822.pdf (last accessed Jan. 30, 2020).
\2\Abigail Echo-Hawk, Report by the Urban Indian Health Institute:
Missing and Murdered Indigenous Women & Girls (2019), available at
http://www.uihi.org/wp-content/uploads/2018/11/Missing-and-Murdered-
Indigenous-Women-and-Girls-Report.pdf (last accessed Jan. 30, 2020).
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NEED FOR LEGISLATION
There are many federal programs tasked with addressing
violent crime, however, the agencies that operate these
programs do not have an overarching strategy to properly deploy
these resources in Indian Country and urban Indian communities.
Program implementation often takes place without considering
the unique needs of Native communities in this context. The Not
Invisible Act of 2019 addresses these concerns by providing an
opportunity for the federal government to improve its efforts
to combat the growing crisis of murder, trafficking, and the
disappearance of indigenous men and women.
SUMMARY OF THE BILL
The bill directs the Secretary of the Interior to designate
an official within the Bureau of Indian Affairs-Office of
Justice Services (BIA-OJS) to coordinate prevention efforts,
grants, and programs across offices within the Bureau of Indian
Affairs (BIA), the DOJ, and other federal agencies that operate
programs to address the murder, trafficking, and recovery of
missing indigenous men and women on Indian lands and in urban
centers. These interagency efforts include the following: DOJ's
Office of Justice Programs, the Office on Violence Against
Women, the Office of Community Oriented Policing Services, the
Office of Tribal Justice, the Federal Bureau of Investigation,
and other federal agencies as needed.
The Not Invisible Act of 2019 also establishes a Joint
Commission on Reducing Violent Crime Against Indians (Joint
Commission) within the DOI, composed of federal and tribal
community representatives. The bills directs the Joint
Commission to publish a report containing recommendations for
the Secretary of the Interior, and the Attorney General,
outlining actions both departments can take to help combat
violent crime against Indians within Indian lands. These
recommendations will include:
Administrative changes to identify, report, and
respond effectively to cases of missing persons, murder, and
human trafficking of Indians within Indian lands;
Best practices for tribal, federal, state, and
local law enforcement agencies to follow in combatting violent
crime against Indians within Indian lands, including missing
persons, murder, and human trafficking; and
Guidance on how to address any gaps in services
for Indian victims of violent crime.
No later than 90 days following publication of the Joint
Commission's report, the bill requires the Secretary of the
Interior, and the Attorney General, to publish written
responses to the Joint Commission's recommendations.
LEGISLATIVE HISTORY
On April 2, 2019, Senators Cortez Masto, Murkowski, and
Tester introduced S. 982, the Not Invisible Act of 2019, which
was referred to the Committee. Senators Smith, Moran, Sullivan,
Daines, Rosen, and Udall later joined as cosponsors.
June 19, 2019, the Committee held a legislative hearing on
the bill. The Committee received testimony from the DOJ Office
of Tribal Justice, and the BIA-OJS. Both administration
witnesses expressed their desire to continue working with staff
on the bill, and to provide further technical assistance on the
substance of the legislation. The Committee also received
testimony from the Chief Justice of the Central Council Tlingit
and Haida Indian Tribes of Alaska, and the Secretary of the
United South and Eastern Tribes, in support of the bill as
introduced.
On November 20, 2019, the Committee met at a duly called
business meeting to consider several bills, including S. 982.
Senators Cortez Masto and Murkowski filed one substitute
amendment, which incorporated the concerns and feedback
submitted by the DOJ and BIA-OJS. The amendment passed via
voice vote, and the Committee ordered S. 982 reported favorably
by a roll call vote of 12-0, with one member not present.
An identical House companion bill, H.R. 2438, was
introduced on May 1, 2019 by Representative Debra Haaland [NM-
01], and jointly referred to the House Committees on Natural
Resources and the Judiciary. No further action has been taken
at this time.
SECTION-BY-SECTION ANALYSIS OF S. 982 AS AMENDED
Section 1: Short title
This Act may be cited as ``The Not Invisible Act of 2019.''
Section 2: Definitions
This section provides for definitions to be used throughout
the bill.
Section 3: Coordinator of Federal Efforts to Combat Violence Against
Native People
This section requires the Secretary of the Interior to
designate an official within the BIA-OJS who will report
directly to the Secretary, and be responsible for the
following:
Coordinating violent crime prevention efforts,
grants, and programs related to the murder, trafficking, or
disappearance of Indians on Indian lands, and in urban centers
across the BIA, the DOJ, and other federal agencies;
Ensuring that those relevant federal programs and
resources consider the unique challenges of combating crime,
violence, and human trafficking of Indians on Indian lands;
Working in cooperation with outside organizations
to train tribal law enforcement, Indian Health Service (IHS)
providers, and other tribal community members on identifying,
responding to, and reporting on cases of missing persons,
murder, and human trafficking;
Submitting annual reports Congress on these
efforts and recommendations for improving coordination.
Section 4: Establishment of the Department of the Interior and the
Department of Justice Joint Commission on Reducing Violent
Crime Against Indians
This section requires the Secretary of the Interior, in
coordination with the Attorney General, to establish a Joint
Commission on Reducing Violent Crime Against Indians, composed
of law enforcement, tribal leaders, federal partners, service
providers, family members, and survivors. This section exempts
the Joint Commission from the Federal Advisory Committee Act.
This section specifies that the authorization for the Joint
Commission terminates after two years. Lastly, this section
sets forth parameters for the appointment, duties, fulfillment
of vacancies, compensation, and travel expenses of the Joint
Commission.
Within 18 months of enactment of the bill, this section
requires the Joint Commission to make recommendations to DOI
and DOJ on additional efforts to combat violent crime,
including:
Strategies for identifying, reporting, and
responding to instances of missing persons, murder, and human
trafficking in Indian Country and of American Indians and
Alaska Natives;
Identifying necessary legislative and
administrative changes;
Tracking and reporting relevant data; and
Providing recommendations for addressing staff
shortages in critical law enforcement positions; and
recommendations for increasing prosecution of violent crimes.
This section further requires the Secretary of the
Interior, and the Attorney General, to respond to the
recommendations of the Joint Commission within three months of
receiving them. The Joint Commission, the Secretary of the
Interior, and the Attorney General submit all recommendations
and responses to Congress and make them publicly available.
COST AND BUDGETARY CONSIDERATIONS
U.S. Congress,
Congressional Budget Office,
Washington, DC, January 31, 2020.
Hon. John Hoeven,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 982, the Not
Invisible Act of 2019.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jon Sperl.
Sincerely,
Phillip L. Swagel,
Director.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 982 would require the Bureau of Indian Affairs (BIA) to
designate an official to coordinate all federal efforts for
reducing violent crime affecting Native Americans. Under the
bill, the official would coordinate all relevant programs and
grants among BIA and various entities within the Department of
Justice, such as the Office of Tribal Justice and the Federal
Bureau of Investigation. Using information from BIA, CBO
estimates that the agency would employ the new official at an
initial annual cost of about $150,000 per year, adjusted
annually for inflation, over the 2020-2025 period.
The bill also would establish a joint commission,
consisting of representatives of federal agencies; state,
local, and tribal officials; and victims of violent crime to
develop recommendations for reducing violent crime affecting
Native Americans. Using information from BIA, CBO expects that
the commission would have 38 members and would meet three times
each year in 2021 and 2022. CBO estimates that the cost of
operating the commission would total about $350,000 for support
staff and the commission members' travel and lodging expenses.
Any spending under the bill would be subject to availability of
appropriated funds.
The CBO staff contact for this estimate is Jon Sperl. The
estimate was reviewed by H. Samuel Papenfuss, Deputy Director
of Budget Analysis.
REGULATORY AND PAPERWORK IMPACT STATEMENT
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires each report accompanying a bill to evaluate the
regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee believes that S. 982 will
have minimal impact on regulatory or paperwork requirements.
EXECUTIVE COMMUNICATIONS
Except as otherwise noted, the Committee has received no
communications from the Executive Branch regarding S. 982.
CHANGES IN EXISTING LAW
In accordance with Committee Rules, subsection 12 of rule
XXVI of the Standing Rules of the Senate is waived. In the
opinion of the Committee, it is necessary to dispense with
subsection 12 of rule XXVI of the Standing Rules of the Senate
to expedite the business of the Senate.
[all]