Not Invisible Act of 2020

IB Union Calendar No. 409 116TH CONGRESS 2D SESSION H. R. 2438 [Report No. 116–509, Part I] To increase intergovernmental coordination to identify and combat violent crime within Indian lands and of Indians. IN THE HOUSE OF REPRESENTATIVES MAY 1, 2019 Ms. HAALAND (for herself, Ms. DAVIDS of Kansas, Mr. COLE, Mr. MULLIN, Ms. GABBARD, Mr. KILMER, Ms. MOORE, Ms. BASS, Mr. COOK, Mr. GALLEGO, Mr. RUIZ, Mr. CASE, Mr. GRIJALVA, Mr. KIND, Mrs. CARO- LYN B. MALONEY of New York, and Mr. SMITH of Washington) intro- duced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on the Judiciary, for a pe- riod to be subsequently determined by the Speaker, in each case for con- sideration of such provisions as fall within the jurisdiction of the com- mittee concerned SEPTEMBER 16, 2020 Additional sponsors: Mr. HASTINGS, Mr. HECK, Mr. KILDEE, Ms. KENDRA S. HORN of Oklahoma, Ms. SEWELL of Alabama, Ms. NORTON, Ms. DELBENE, Mr. FITZPATRICK, Mrs. BUSTOS, Mr. LARSEN of Washington, Ms. KUSTER of New Hampshire, Mr. YOUNG, Mr. O’HALLERAN, Ms. BONAMICI, Ms. PINGREE, Mr. AGUILAR, Mr. DEFAZIO, Mr. LUJA´N, Mrs. LAWRENCE, Ms. LEE of California, Ms. UNDERWOOD, Mr. KHANNA, Mrs. DAVIS of California, Ms. ROYBAL-ALLARD, Mr. DESAULNIER, Mr. BLU- MENAUER, Mr. JOYCE of Ohio, Ms. SPEIER, Ms. TORRES SMALL of New Mexico, Mrs. AXNE, Mr. CLAY, Mr. CROW, Ms. MUCARSEL-POWELL, Mr. STAUBER, Mr. MOULTON, Mr. STANTON, Mr. TED LIEU of California, Ms. SCANLON, Ms. GARCIA of Texas, Ms. JACKSON LEE, Mr. CART- WRIGHT, Ms. MCCOLLUM, Mr. NEWHOUSE, Ms. BROWNLEY of California, and Ms. BLUNT ROCHESTER VerDate Sep 11 2014 22:50 Sep 17, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H2438.RH H2438 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2438 RH SEPTEMBER 16, 2020 Reported from the Committee on the Judiciary with an amendment [Strike out all after the enacting clause and insert the part printed in italic] SEPTEMBER 16, 2020 Committee on Natural Resources discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed [For text of introduced bill, see copy of bill as introduced on May 1, 2019] A BILL To increase intergovernmental coordination to identify and combat violent crime within Indian lands and of Indians. VerDate Sep 11 2014 22:50 Sep 17, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H2438.RH H2438 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2438 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Not Invisible Act of 4 2020’’. 5 SEC. 2. DEFINITIONS. 6 In this Act— 7 (1) the term ‘‘Commission’’ means the Depart- 8 ment of the Interior and the Department of Justice 9 Joint Commission on Reducing Violent Crime 10 Against Indians under section 4; 11 (2) the term ‘‘human trafficking’’ means act or 12 practice described in paragraph (9) or paragraph 13 (10) of section 103 of the Trafficking Victims Protec- 14 tion Act of 2000 (22 U.S.C. 7102); 15 (3) the term ‘‘Indian’’ means a member of an 16 Indian tribe; 17 (4) the terms ‘‘Indian lands’’ and ‘‘Indian tribe’’ 18 have the meanings given the terms in section 3 of the 19 Native American Business Development, Trade Pro- 20 motion, and Tourism Act of 2000 (25 U.S.C. 4302); 21 and 22 (5) the terms ‘‘urban centers’’ and ‘‘urban In- 23 dian organization’’ have the meanings given the terms 24 VerDate Sep 11 2014 22:50 Sep 17, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H2438.RH H2438 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2438 RH in section 4 of the Indian Health Care Improvement 1 Act (25 U.S.C. 1603). 2 SEC. 3. COORDINATOR OF FEDERAL EFFORTS TO COMBAT 3 VIOLENCE AGAINST NATIVE PEOPLE. 4 (a) COORDINATOR DESIGNATION.—The Secretary of 5 the Interior shall designate an official within the Office of 6 Justice Services in the Bureau of Indian Affairs who 7 shall— 8 (1) coordinate prevention efforts, grants, and 9 programs related to the murder of, trafficking of, and 10 missing Indians across Federal agencies, including— 11 (A) the Bureau of Indian Affairs; and 12 (B) the Department of Justice, including— 13 (i) the Office of Justice Programs; 14 (ii) the Office on Violence Against 15 Women; 16 (iii) the Office of Community Oriented 17 Policing Services; 18 (iv) the Federal Bureau of Investiga- 19 tion; and 20 (v) the Office of Tribal Justice; 21 (2) ensure prevention efforts, grants, and pro- 22 grams of Federal agencies related to the murder of, 23 trafficking of, and missing Indians consider the 24 unique challenges of combating crime, violence, and 25 VerDate Sep 11 2014 22:50 Sep 17, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H2438.RH H2438 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 2438 RH human trafficking of Indians and on Indian lands 1 faced by Tribal communities, urban centers, the Bu- 2 reau of Indian Affairs, Tribal law enforcement, Fed- 3 eral law enforcement, and State and local law en- 4 forcement; 5 (3) work in cooperation with outside organiza- 6 tions with expertise in working with Indian tribes 7 and Indian Tribes to provide victim centered and cul- 8 turally relevant training to tribal law enforcement, 9 Indian Health Service health care providers, urban 10 Indian organizations, Tribal community members 11 and businesses, on how to effectively identify, respond 12 to and report instances of missing persons, murder, 13 and trafficking within Indian lands and of Indians; 14 and 15 (4) report directly to the Secretary of the Inte- 16 rior. 17 (b) REPORT.—The official designated in subsection (a) 18 shall submit to the Committee on Indian Affairs and the 19 Committee on the Judiciary of the Senate and the Com- 20 mittee on Natural Resources and the Committee on the Ju- 21 diciary of the House of Representatives a report to provide 22 information on Federal coordination efforts accomplished 23 over the previous year that includes— 24 VerDate Sep 11 2014 22:50 Sep 17, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H2438.RH H2438 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 2438 RH (1) a summary of all coordination activities un- 1 dertaken in compliance with this section; 2 (2) a summary of all trainings completed under 3 subsection (a)(3); and 4 (3) recommendations for improving coordination 5 across Federal agencies and of relevant Federal pro- 6 grams. 7 SEC. 4. ESTABLISHMENT OF THE DEPARTMENT OF INTE- 8 RIOR AND THE DEPARTMENT OF JUSTICE 9 JOINT COMMISSION ON REDUCING VIOLENT 10 CRIME AGAINST INDIANS. 11 (a) ESTABLISHMENT.—Not later than 120 days after 12 the date of enactment of this Act, the Secretary of the Inte- 13 rior, in coordination with the Attorney General, shall estab- 14 lish and appoint all members of a joint commission on vio- 15 lent crime on Indian lands and against Indians. 16 (b) MEMBERSHIP.— 17 (1) COMPOSITION.— 18 (A) IN GENERAL.—The Commission shall be 19 composed of members who represent diverse expe- 20 riences and backgrounds that provide balanced 21 points of view with regard to the duties of the 22 Commission. 23 (B) DIVERSITY.—To the greatest extent 24 practicable, the Secretary of the Interior shall 25 VerDate Sep 11 2014 22:50 Sep 17, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H2438.RH H2438 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 2438 RH ensure the Commission includes Tribal represent- 1 atives from diverse geographic areas and of di- 2 verse sizes. 3 (2) APPOINTMENT.—The Secretary of the Inte- 4 rior, in coordination with the Attorney General, shall 5 appoint the members to the Commission, including 6 representatives from— 7 (A) tribal law enforcement; 8 (B) the Office of Justice Services of the Bu- 9 reau of Indian Affairs; 10 (C) State and local law enforcement in close 11 proximity to Indian lands, with a letter of rec- 12 ommendation from a local Indian Tribe; 13 (D) the Victim Services Division of the Fed- 14 eral Bureau of Investigation; 15 (E) the Department of Justice’s Human 16 Trafficking Prosecution Unit; 17 (F) the Office of Violence Against Women of 18 the Department of Justice; 19 (G) the Office of Victims of Crime of the De- 20 partment of Justice; 21 (H) a United States attorney’s office with 22 experience in cases related to missing persons, 23 murder, or trafficking of Indians or on Indian 24 land; 25 VerDate Sep 11 2014 22:50 Sep 17, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H2438.RH H2438 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 2438 RH (I) the Administration for Native Ameri- 1 cans of the Office of the Administration for Chil- 2 dren & Families of the Department of Health 3 and Human Services; 4 (J) the Substance Abuse and Mental Health 5 Services Administration of the Department of 6 Health and Human Services; 7 (K) a Tribal judge with experience in cases 8 related to missing persons, murder, or traf- 9 ficking; 10 (L) not fewer than 3 Indian Tribes from di- 11 verse geographic areas, including 1 Indian tribe 12 located in Alaska, selected from nominations sub- 13 mitted by the Indian Tribe; 14 (M) not fewer than 2 health care and men- 15 tal health practitioners and counselors and pro- 16 viders with experience in working with Indian 17 survivors of trafficking and sexual assault, with 18 a letter of recommendation from a local tribal 19 chair or tribal law enforcement officer; 20 (N) not fewer than 3 national, regional, or 21 urban Indian organizations focused on violence 22 against women and children on Indian lands or 23 against Indians; 24 VerDate Sep 11 2014 22:50 Sep 17, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H2438.RH H2438 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 2438 RH (O) at least 2 Indian survivors of human 1 trafficking; 2 (P) at least 2 family members of missing 3 Indian people; 4 (Q) at least 2 family members of murdered 5 Indian people; 6 (R) the National Institute of Justice; and 7 (S) the Indian Health Service. 8 (3) PERIODS OF APPOINTMENT.—Members shall 9 be appointed for the duration of the Commission. 10 (4) VACANCIES.—A vacancy in the Commission 11 shall be filled in the manner in which the original 12 appointment was made and shall not affect the pow- 13 ers or duties of the Commission. 14 (5) COMPENSATION.—Commission members shall 15 serve without compensation. 16 (6) TRAVEL EXPENSES.—The Secretary of the 17 Interior, in coordination with the Attorney General, 18 shall consider the provision of travel expenses, includ- 19 ing per diem, to Commission members when appro- 20 priate. 21 (c) DUTIES.— 22 (1) IN GENERAL.—The Commission may hold 23 such hearings, meet and act at times and places, take 24 such testimony, and receive such evidence as the Com- 25 VerDate Sep 11 2014 22:50 Sep 17, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H2438.RH H2438 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 2438 RH mission considers to be advisable to carry out the du- 1 ties of the Commission under this section. 2 (2) RECOMMENDATIONS FOR THE DEPARTMENT 3 OF INTERIOR AND DEPARTMENT OF JUSTICE.— 4 (A) IN GENERAL.—The Commission shall 5 develop recommendations to the Secretary of the 6 Interior and Attorney General on actions the 7 Federal Government can take to help combat vio- 8 lent crime against Indians and within Indian 9 lands, including the development and implemen- 10 tation of recommendations for— 11 (i) identifying, reporting, and respond- 12 ing to instances of missing persons, murder, 13 and human trafficking on Indian lands and 14 of Indians; 15 (ii) legislative and administrative 16 changes necessary to use programs, prop- 17 erties, or other resources funded or operated 18 by the Department of the Interior and De- 19 partment of Justice to combat the crisis of 20 missing or murdered Indians and human 21 trafficking on Indian lands and of Indians; 22 (iii) tracking and reporting data on 23 instances of missing persons, murder, and 24 VerDate Sep 11 2014 22:50 Sep 17, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H2438.RH H2438 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 2438 RH human trafficking on Indian lands and of 1 Indians; 2 (iv) addressing staff shortages and 3 open positions within relevant law enforce- 4 ment agencies, including issues related to 5 the hiring and retention of law enforcement 6 officers; 7 (v) coordinating tribal, State, and 8 Federal resources to increase prosecution of 9 murder and human trafficking offenses on 10 Indian lands and of Indians; and 11 (vi) increasing information sharing 12 with tribal governments on violent crime 13 investigations and prosecutions in Indian 14 lands that were terminated or declined. 15 (B) SUBMISSION.—Not later than 18 16 months after the enactment of this Act, the Com- 17 mission shall make publicly available and sub- 18 mit all recommendations developed under this 19 paragraph to— 20 (i) the Secretary of the Interior; 21 (ii) the Attorney General; 22 (iii) the Committee on the Judiciary of 23 the Senate; 24 VerDate Sep 11 2014 22:50 Sep 17, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H2438.RH H2438 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 2438 RH (iv) the Committee on Indian Affairs 1 of the Senate; 2 (v) the Committee on Natural Re- 3 sources of the House of Representatives; and 4 (vi) the Committee on the Judiciary of 5 the House of Representatives. 6 (C) SECRETARIAL RESPONSE.—Not later 7 than 90 days after the date on which the Sec- 8 retary of the Interior and the Attorney General 9 receive the recommendations under paragraph 10 (2), the Secretary and the Attorney General shall 11 each make publicly available and submit a writ- 12 ten response to the recommendations to— 13 (i) the Commission; 14 (ii) the Committee on the Judiciary of 15 the Senate; 16 (iii) the Committee on Indian Affairs 17 of the Senate; 18 (iv) the Committee on Natural Re- 19 sources of the House of Representatives; and 20 (v) the Committee on the Judiciary of 21 the House of Representatives. 22 (d) FACA EXEMPTION.—The Commission shall be ex- 23 empt from the Federal Advisory Committee Act (5 U.S.C. 24 App.). 25 VerDate Sep 11 2014 22:50 Sep 17, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H2438.RH H2438 kjohnson on DSK79L0C42PROD with BILLS 13 •HR 2438 RH (e) SUNSET.—The Commission shall terminate on the 1 date that is 2 years after the date of enactment of this Act. 2 VerDate Sep 11 2014 22:50 Sep 17, 2020 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\H2438.RH H2438 kjohnson on DSK79L0C42PROD with BILLS Union Calendar No. 409 116TH CONGRESS 2D SESSION H. R. 2438 [Re [Text truncated for display. Full text available on Congress.gov.]