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S. 982 (116th): Not Invisible Act of 2019

The text of the bill below is as of Sep 18, 2020 (Preprint (Suspension)).

                     S. 982

                    AN ACT
 To increase intergovernmental coordination to identify and
  combat violent crime within Indian lands and of Indians.

1       Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,

2 1 SECTION 1. SHORT TITLE. 2 This Act may be cited as the ‘‘Not Invisible Act of 3 2019’’. 4 SEC. 2. DEFINITIONS. 5 In this Act— 6 (1) the term ‘‘Commission’’ means the Depart- 7 ment of the Interior and the Department of Justice 8 Joint Commission on Reducing Violent Crime 9 Against Indians under section 4; 10 (2) the term ‘‘human trafficking’’ means act or 11 practice described in paragraph (9) or paragraph 12 (10) of section 103 of the Trafficking Victims Pro- 13 tection Act of 2000 (22 U.S.C. 7102); 14 (3) the term ‘‘Indian’’ means a member of an 15 Indian tribe; 16 (4) the terms ‘‘Indian lands’’ and ‘‘Indian 17 tribe’’ have the meanings given the terms in section 18 3 of the Native American Business Development, 19 Trade Promotion, and Tourism Act of 2000 (25 20 U.S.C. 4302); and 21 (5) the terms ‘‘urban centers’’ and ‘‘urban In- 22 dian organization’’ have the meanings given the 23 terms in section 4 of the Indian Health Care Im- 24 provement Act (25 U.S.C. 1603). † S 982 ES
3 1 SEC. 3. COORDINATOR OF FEDERAL EFFORTS TO COMBAT 2 VIOLENCE AGAINST NATIVE PEOPLE. 3 (a) COORDINATOR DESIGNATION.—The Secretary of 4 the Interior shall designate an official within the Office 5 of Justice Services in the Bureau of Indian Affairs who 6 shall— 7 (1) coordinate prevention efforts, grants, and 8 programs related to the murder of, trafficking of, 9 and missing Indians across Federal agencies, includ- 10 ing— 11 (A) the Bureau of Indian Affairs; and 12 (B) the Department of Justice, includ- 13 ing— 14 (i) the Office of Justice Programs; 15 (ii) the Office on Violence Against 16 Women; 17 (iii) the Office of Community Oriented 18 Policing Services; 19 (iv) the Federal Bureau of Investiga- 20 tion; and 21 (v) the Office of Tribal Justice; 22 (2) ensure prevention efforts, grants, and pro- 23 grams of Federal agencies related to the murder of, 24 trafficking of, and missing Indians consider the 25 unique challenges of combating crime, violence, and 26 human trafficking of Indians and on Indian lands † S 982 ES
4 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 8 culturally relevant training to tribal law enforce- 9 ment, Indian Health Service health care providers, 10 urban Indian organizations, Tribal community mem- 11 bers and businesses, on how to effectively identify, 12 respond to and report instances of missing persons, 13 murder, and trafficking within Indian lands and of 14 Indians; and 15 (4) report directly to the Secretary of the Inte- 16 rior. 17 (b) REPORT.—The official designated in subsection 18 (a) shall submit to the Committee on Indian Affairs and 19 the Committee on the Judiciary of the Senate and the 20 Committee on Natural Resources and the Committee on 21 the Judiciary of the House of Representatives a report to 22 provide information on Federal coordination efforts ac- 23 complished over the previous year that includes— 24 (1) a summary of all coordination activities un- 25 dertaken in compliance with this section; † S 982 ES
5 1 (2) a summary of all trainings completed under 2 subsection (a)(3); and 3 (3) recommendations for improving coordina- 4 tion across Federal agencies and of relevant Federal 5 programs. 6 SEC. 4. ESTABLISHMENT OF THE DEPARTMENT OF INTE- 7 RIOR AND THE DEPARTMENT OF JUSTICE 8 JOINT COMMISSION ON REDUCING VIOLENT 9 CRIME AGAINST INDIANS. 10 (a) ESTABLISHMENT.—Not later than 120 days after 11 the date of enactment of this Act, the Secretary of the 12 Interior, in coordination with the Attorney General, shall 13 establish and appoint all members of a joint commission 14 on violent crime on Indian lands and against Indians. 15 (b) MEMBERSHIP.— 16 (1) COMPOSITION.— 17 (A) IN GENERAL.—The Commission shall 18 be composed of members who represent diverse 19 experiences and backgrounds that provide bal- 20 anced points of view with regard to the duties 21 of the Commission. 22 (B) DIVERSITY.—To the greatest extent 23 practicable, the Secretary of the Interior shall 24 ensure the Commission includes Tribal rep- † S 982 ES
6 1 resentatives from diverse geographic areas and 2 of diverse 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 9 Bureau of Indian Affairs; 10 (C) State and local law enforcement in 11 close proximity to Indian lands, with a letter of 12 recommendation from a local Indian Tribe; 13 (D) the Victim Services Division of the 14 Federal Bureau of Investigation; 15 (E) the Department of Justice’s Human 16 Trafficking Prosecution Unit; 17 (F) the Office of Violence Against Women 18 of the Department of Justice; 19 (G) the Office of Victims of Crime of the 20 Department 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; † S 982 ES
7 1 (I) the Administration for Native Ameri- 2 cans of the Office of the Administration for 3 Children & Families of the Department of 4 Health and Human Services; 5 (J) the Substance Abuse and Mental 6 Health Services Administration of the Depart- 7 ment of Health and Human Services; 8 (K) a Tribal judge with experience in cases 9 related to missing persons, murder, or traf- 10 ficking; 11 (L) not fewer than 3 Indian Tribes from 12 diverse geographic areas, including 1 Indian 13 tribe located in Alaska, selected from nomina- 14 tions submitted by the Indian Tribe; 15 (M) not fewer than 2 health care and men- 16 tal health practitioners and counselors and pro- 17 viders with experience in working with Indian 18 survivors of trafficking and sexual assault, with 19 a letter of recommendation from a local tribal 20 chair or tribal law enforcement officer; 21 (N) not fewer than 3 national, regional, or 22 urban Indian organizations focused on violence 23 against women and children on Indian lands or 24 against Indians; † S 982 ES
8 1 (O) at least 2 Indian survivors of human 2 trafficking; 3 (P) at least 2 family members of missing 4 Indian people; 5 (Q) at least 2 family members of murdered 6 Indian people; 7 (R) the National Institute of Justice; and 8 (S) the Indian Health Service. 9 (3) PERIODS OF APPOINTMENT.—Members 10 shall be appointed for the duration of the Commis- 11 sion. 12 (4) VACANCIES.—A vacancy in the Commission 13 shall be filled in the manner in which the original 14 appointment was made and shall not affect the pow- 15 ers or duties of the Commission. 16 (5) COMPENSATION.—Commission members 17 shall serve without compensation. 18 (6) TRAVEL EXPENSES.—The Secretary of the 19 Interior, in coordination with the Attorney General, 20 shall consider the provision of travel expenses, in- 21 cluding per diem, to Commission members when ap- 22 propriate. 23 (c) DUTIES.— 24 (1) IN GENERAL.—The Commission may hold 25 such hearings, meet and act at times and places, † S 982 ES
9 1 take such testimony, and receive such evidence as 2 the Commission considers to be advisable to carry 3 out the duties of the Commission under this section. 4 (2) RECOMMENDATIONS FOR THE DEPARTMENT 5 OF INTERIOR AND DEPARTMENT OF JUSTICE.— 6 (A) IN GENERAL.—The Commission shall 7 develop recommendations to the Secretary of 8 the Interior and Attorney General on actions 9 the Federal Government can take to help com- 10 bat violent crime against Indians and within In- 11 dian lands, including the development and im- 12 plementation of recommendations for— 13 (i) identifying, reporting, and re- 14 sponding to instances of missing persons, 15 murder, and human trafficking on Indian 16 lands and of Indians; 17 (ii) legislative and administrative 18 changes necessary to use programs, prop- 19 erties, or other resources funded or oper- 20 ated by the Department of the Interior and 21 Department of Justice to combat the crisis 22 of missing or murdered Indians and 23 human trafficking on Indian lands and of 24 Indians; † S 982 ES
10 1 (iii) tracking and reporting data on 2 instances of missing persons, murder, and 3 human trafficking on Indian lands and of 4 Indians; 5 (iv) addressing staff shortages and 6 open positions within relevant law enforce- 7 ment agencies, including issues related to 8 the hiring and retention of law enforce- 9 ment officers; 10 (v) coordinating tribal, State, and 11 Federal resources to increase prosecution 12 of murder and human trafficking offenses 13 on Indian lands and of Indians; and 14 (vi) increasing information sharing 15 with tribal governments on violent crime 16 investigations and prosecutions in Indian 17 lands that were terminated or declined. 18 (B) SUBMISSION.—Not later than 18 19 months after the enactment of this Act, the 20 Commission shall make publicly available and 21 submit all recommendations developed under 22 this paragraph to— 23 (i) the Secretary of the Interior; 24 (ii) the Attorney General; † S 982 ES
11 1 (iii) the Committee on the Judiciary 2 of the Senate; 3 (iv) the Committee on Indian Affairs 4 of the Senate; 5 (v) the Committee on Natural Re- 6 sources of the House of Representatives; 7 and 8 (vi) the Committee on the Judiciary of 9 the House of Representatives. 10 (C) SECRETARIAL RESPONSE.—Not later 11 than 90 days after the date on which the Sec- 12 retary of the Interior and the Attorney General 13 receive the recommendations under paragraph 14 (2), the Secretary and the Attorney General 15 shall each make publicly available and submit a 16 written response to the recommendations to— 17 (i) the Commission; 18 (ii) the Committee on the Judiciary of 19 the Senate; 20 (iii) the Committee on Indian Affairs 21 of the Senate; 22 (iv) the Committee on Natural Re- 23 sources of the House of Representatives; 24 and † S 982 ES
12 1 (v) the Committee on the Judiciary of 2 the House of Representatives. 3 (d) FACA EXEMPTION.—The Commission shall be 4 exempt from the Federal Advisory Committee Act (5 5 U.S.C. App.). 6 (e) SUNSET.—The Commission shall terminate on 7 the date that is 2 years after the date of enactment of 8 this Act. Passed the Senate March 11, 2020. Attest: Secretary. † S 982 ES

116TH CONGRESS 2D SESSION S. 982 AN ACT To increase intergovernmental coordination to iden- tify and combat violent crime within Indian lands and of Indians.