[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).
---------------------------------------------------------------------------

                          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]