    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 116-166
    116th Congress

    An Act

    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 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

    [[Page 767]]

    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;

    [[Page 768]]

    (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

    [[Page 769]]

    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.).

    [[Page 770]]

    (e) Sunset.--The Commission shall terminate on the date that is 2
    years after the date of enactment of this Act.

    Approved October 10, 2020.

    LEGISLATIVE HISTORY--S. 982 (H.R. 2438):
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 116-509, Pt. 1 (Comm. on the Judiciary) accompanying
    H.R. 2438.
    SENATE REPORTS: No. 116-214 (Comm. on Indian Affairs).
    CONGRESSIONAL RECORD, Vol. 166 (2020):
    Mar. 11, considered and passed Senate.
    Sept. 21, considered and passed House.