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. CAROLYN B. MALONEY of New York, and Mr. SMITH of Washington) introduced the following bill; which was referred to the Committee on Natural 

Resources, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 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. BLUMENAUER, 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. CARTWRIGHT, Ms. MCCOLLUM, Mr. NEWHOUSE, Ms. BROWNLEY of California, 

and Ms. BLUNT ROCHESTER


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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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Not Invisible Act of 

5 2020’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 

8 (1) the term ‘‘Commission’’ means the Depart9 ment of the Interior and the Department of Justice 

10 Joint Commission on Reducing Violent Crime 

11 Against Indians under section 4; 

12 (2) the term ‘‘human trafficking’’ means act or 

13 practice described in paragraph (9) or paragraph 

14 (10) of section 103 of the Trafficking Victims Protec15 tion Act of 2000 (22 U.S.C. 7102); 

16 (3) the term ‘‘Indian’’ means a member of an 

17 Indian tribe; 

18 (4) the terms ‘‘Indian lands’’ and ‘‘Indian tribe’’ 

19 have the meanings given the terms in section 3 of the 

20 Native American Business Development, Trade Pro21 motion, and Tourism Act of 2000 (25 U.S.C. 4302); 

22 and 

23 (5) the terms ‘‘urban centers’’ and ‘‘urban In24 dian organization’’ have the meanings given the terms 


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1 in section 4 of the Indian Health Care Improvement 

2 Act (25 U.S.C. 1603). 

3 SEC. 3. COORDINATOR OF FEDERAL EFFORTS TO COMBAT 

4 VIOLENCE AGAINST NATIVE PEOPLE. 

5 (a) COORDINATOR DESIGNATION.—The Secretary of 

6 the Interior shall designate an official within the Office of 

7 Justice Services in the Bureau of Indian Affairs who 

8 shall— 

9 (1) coordinate prevention efforts, grants, and 

10 programs related to the murder of, trafficking of, and 

11 missing Indians across Federal agencies, including— 

12 (A) the Bureau of Indian Affairs; and 

13 (B) the Department of Justice, including— 

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 Investiga20 tion; and 

21 (v) the Office of Tribal Justice; 

22 (2) ensure prevention efforts, grants, and pro23 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 


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1 human trafficking of Indians and on Indian lands 

2 faced by Tribal communities, urban centers, the Bu3 reau of Indian Affairs, Tribal law enforcement, Fed4 eral law enforcement, and State and local law en5 forcement; 

6 (3) work in cooperation with outside organiza7 tions with expertise in working with Indian tribes 

8 and Indian Tribes to provide victim centered and cul9 turally relevant training to tribal law enforcement, 

10 Indian Health Service health care providers, urban 

11 Indian organizations, Tribal community members 

12 and businesses, on how to effectively identify, respond 

13 to and report instances of missing persons, murder, 

14 and trafficking within Indian lands and of Indians; 

15 and 

16 (4) report directly to the Secretary of the Inte17 rior. 

18 (b) REPORT.—The official designated in subsection (a) 

19 shall submit to the Committee on Indian Affairs and the 

20 Committee on the Judiciary of the Senate and the Com21 mittee on Natural Resources and the Committee on the Ju22 diciary of the House of Representatives a report to provide 

23 information on Federal coordination efforts accomplished 

24 over the previous year that includes— 


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1 (1) a summary of all coordination activities un2 dertaken in compliance with this section; 

3 (2) a summary of all trainings completed under 

4 subsection (a)(3); and 

5 (3) recommendations for improving coordination 

6 across Federal agencies and of relevant Federal pro7 grams. 

8 SEC. 4. ESTABLISHMENT OF THE DEPARTMENT OF INTE9 RIOR AND THE DEPARTMENT OF JUSTICE 

10 JOINT COMMISSION ON REDUCING VIOLENT 

11 CRIME AGAINST INDIANS. 

12 (a) ESTABLISHMENT.—Not later than 120 days after 

13 the date of enactment of this Act, the Secretary of the Inte14 rior, in coordination with the Attorney General, shall estab15 lish and appoint all members of a joint commission on vio16 lent crime on Indian lands and against Indians. 

17 (b) MEMBERSHIP.— 

18 (1) COMPOSITION.— 

19 (A) IN GENERAL.—The Commission shall be 

20 composed of members who represent diverse expe21 riences and backgrounds that provide balanced 

22 points of view with regard to the duties of the 

23 Commission. 

24 (B) DIVERSITY.—To the greatest extent 

25 practicable, the Secretary of the Interior shall 


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1 ensure the Commission includes Tribal represent2 atives from diverse geographic areas and of di3 verse sizes. 

4 (2) APPOINTMENT.—The Secretary of the Inte5 rior, in coordination with the Attorney General, shall 

6 appoint the members to the Commission, including 

7 representatives from— 

8 (A) tribal law enforcement; 

9 (B) the Office of Justice Services of the Bu10 reau of Indian Affairs; 

11 (C) State and local law enforcement in close 

12 proximity to Indian lands, with a letter of rec13 ommendation from a local Indian Tribe; 

14 (D) the Victim Services Division of the Fed15 eral Bureau of Investigation; 

16 (E) the Department of Justice’s Human 

17 Trafficking Prosecution Unit; 

18 (F) the Office of Violence Against Women of 

19 the Department of Justice; 

20 (G) the Office of Victims of Crime of the De21 partment of Justice; 

22 (H) a United States attorney’s office with 

23 experience in cases related to missing persons, 

24 murder, or trafficking of Indians or on Indian 

25 land; 


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1 (I) the Administration for Native Ameri2 cans of the Office of the Administration for Chil3 dren & Families of the Department of Health 

4 and Human Services; 

5 (J) the Substance Abuse and Mental Health 

6 Services Administration of the Department of 

7 Health and Human Services; 

8 (K) a Tribal judge with experience in cases 

9 related to missing persons, murder, or traf10 ficking; 

11 (L) not fewer than 3 Indian Tribes from di12 verse geographic areas, including 1 Indian tribe 

13 located in Alaska, selected from nominations sub14 mitted by the Indian Tribe; 

15 (M) not fewer than 2 health care and men16 tal health practitioners and counselors and pro17 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; 


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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 shall 

10 be appointed for the duration of the Commission. 

11 (4) VACANCIES.—A vacancy in the Commission 

12 shall be filled in the manner in which the original 

13 appointment was made and shall not affect the pow14 ers or duties of the Commission. 

15 (5) COMPENSATION.—Commission members shall 

16 serve without compensation. 

17 (6) TRAVEL EXPENSES.—The Secretary of the 

18 Interior, in coordination with the Attorney General, 

19 shall consider the provision of travel expenses, includ20 ing per diem, to Commission members when appro21 priate. 

22 (c) DUTIES.— 

23 (1) IN GENERAL.—The Commission may hold 

24 such hearings, meet and act at times and places, take 

25 such testimony, and receive such evidence as the ComVerDate Sep 11 2014 22:50 Sep 17, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H2438.RH H2438

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1 mission considers to be advisable to carry out the du2 ties of the Commission under this section. 

3 (2) RECOMMENDATIONS FOR THE DEPARTMENT

4 OF INTERIOR AND DEPARTMENT OF JUSTICE.— 

5 (A) IN GENERAL.—The Commission shall 

6 develop recommendations to the Secretary of the 

7 Interior and Attorney General on actions the 

8 Federal Government can take to help combat vio9 lent crime against Indians and within Indian 

10 lands, including the development and implemen11 tation of recommendations for— 

12 (i) identifying, reporting, and respond13 ing to instances of missing persons, murder, 

14 and human trafficking on Indian lands and 

15 of Indians; 

16 (ii) legislative and administrative 

17 changes necessary to use programs, prop18 erties, or other resources funded or operated 

19 by the Department of the Interior and De20 partment of Justice to combat the crisis of 

21 missing or murdered Indians and human 

22 trafficking on Indian lands and of Indians; 

23 (iii) tracking and reporting data on 

24 instances of missing persons, murder, and 


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1 human trafficking on Indian lands and of 

2 Indians; 

3 (iv) addressing staff shortages and 

4 open positions within relevant law enforce5 ment agencies, including issues related to 

6 the hiring and retention of law enforcement 

7 officers; 

8 (v) coordinating tribal, State, and 

9 Federal resources to increase prosecution of 

10 murder and human trafficking offenses on 

11 Indian lands and of Indians; and 

12 (vi) increasing information sharing 

13 with tribal governments on violent crime 

14 investigations and prosecutions in Indian 

15 lands that were terminated or declined. 

16 (B) SUBMISSION.—Not later than 18 

17 months after the enactment of this Act, the Com18 mission shall make publicly available and sub19 mit all recommendations developed under this 

20 paragraph to— 

21 (i) the Secretary of the Interior; 

22 (ii) the Attorney General; 

23 (iii) the Committee on the Judiciary of 

24 the Senate; 


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1 (iv) the Committee on Indian Affairs 

2 of the Senate; 

3 (v) the Committee on Natural Re4 sources of the House of Representatives; and 

5 (vi) the Committee on the Judiciary of 

6 the House of Representatives. 

7 (C) SECRETARIAL RESPONSE.—Not later 

8 than 90 days after the date on which the Sec9 retary of the Interior and the Attorney General 

10 receive the recommendations under paragraph 

11 (2), the Secretary and the Attorney General shall 

12 each make publicly available and submit a writ13 ten response to the recommendations to— 

14 (i) the Commission; 

15 (ii) the Committee on the Judiciary of 

16 the Senate; 

17 (iii) the Committee on Indian Affairs 

18 of the Senate; 

19 (iv) the Committee on Natural Re20 sources of the House of Representatives; and 

21 (v) the Committee on the Judiciary of 

22 the House of Representatives. 

23 (d) FACA EXEMPTION.—The Commission shall be ex24 empt from the Federal Advisory Committee Act (5 U.S.C. 

25 App.). 


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1 (e) SUNSET.—The Commission shall terminate on the 

2 date that is 2 years after the date of enactment of this Act. 


kjohnson on DSK79L0C42PROD with BILLS
Union Calendar No. 409 

116TH CONGRESS 

2D SESSION H. R. 2438 

[Report No. 116–509, Part I] 

A BILL 

To increase intergovernmental coordination to idenand of Indians. tify and combat violent crime within Indian lands 

SEPTEMBER 16, 2020 

Reported from the Committee on the Judiciary with an 

amendment 

SEPTEMBER 16, 2020 

Committee on Natural Resources discharged; committed 

the Union and ordered to be printed to the Committee of the Whole House on the State of 


kjohnson on DSK79L0C42PROD with BILLS