[116th Congress Public Law 166]
[From the U.S. Government Publishing Office]
[[Page 765]]
NOT INVISIBLE ACT OF 2019
[[Page 134 STAT. 766]]
Public Law 116-166
116th Congress
An Act
To increase intergovernmental coordination to identify and combat
violent crime within Indian lands and of Indians. <<NOTE: Oct. 10,
2020 - [S. 982]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Not Invisible
Act of 2019. 25 USC 2801 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Not Invisible Act of 2019''.
SEC. 2. <<NOTE: 25 USC 2802 note.>> 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 134 STAT. 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) <<NOTE: Summaries.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline. Coordination. Appointment.>> 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) <<NOTE: Coordination.>> 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 134 STAT. 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) <<NOTE: Coordination.>> 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 134 STAT. 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) <<NOTE: Deadline. Public information.>>
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) <<NOTE: Deadline. Public information.>>
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 134 STAT. 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):
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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.
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