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Code · BILL · 116th Congress · H.R. 2438 (Introduced in House) — To increase intergovernmental coordination to identify and combat violent crime within Indian lands and of Indians. · Sec. 5

Sec. 5. Establishment of the Department of the Interior and the Department of Justice Joint Advisory Committee on Reducing Violent Crime Against Native People

981 words·~4 min read·/bill/116/hr/2438/ih/section-5

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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 an advisory committee on violent crime within Indian lands and of Indians. The Committee shall be composed of members whose diverse experience and backgrounds enable them to provide balanced points of view with regard to the duties of the Committee. The Secretary of the Interior, in coordination with the Attorney General, shall appoint the members to the Committee, including representatives from— tribal law enforcement; the Office of Justice Services of the Bureau of Indian Affairs;
State and local law enforcement in close proximity to Indian lands, with a letter of recommendation from a local tribal chair or tribal law enforcement officer; the Federal Bureau of Investigation’s victim services division; the Department of Justice’s Human Trafficking Prosecution Unit; the Office of Native American Programs of the Department of Housing and Urban Development; the Family Violence Prevention and Services Program of the Department of Health and Human Services; a Federal public defender within Indian lands with a letter of recommendation from a local tribal chair or tribal law enforcement officer; a tribal judge with experience in cases related to missing persons, murder, trafficking, or related cases; not fewer than 3 elected leaders of federally recognized Indian tribes, including 1 elected leader from a federally recognized Indian tribe located in Alaska; 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;
Indian advocacy organizations whose primary clients are Indians, focused on violence against women and children specifically in Indian lands; at least 1 Indian survivor of human trafficking; at least 1 family member of a missing Indian person; at least 1 family member of a murdered Indian person; the National Institute of Justice; and the Indian Health Service. Members shall be appointed for the life of the Committee. A vacancy in the Committee shall be filled in the manner in which the original appointment was made and shall not affect the powers or duties of the Committee.
Committee members shall serve without compensation. The Secretary of the Interior, in coordination with the Attorney General, shall consider the provision of travel expenses, including per diem, to Committee members when appropriate. Not later than 18 months after the date of enactment of this Act, the Committee shall make recommendations to the Secretary of the Interior and Attorney General on actions the departments can take to help combat violent crime against Indians and within Indian lands, including the development and implementation of— successful strategies for identifying, reporting, and responding to instances of missing persons, murder, and human trafficking in Indian lands and of Indians; recommendations for 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 and murdered Indian people and human trafficking in Indian lands and of Indians; recommendations for tracking and reporting data on instances of missing persons, murder, and human trafficking in Indian lands and of Indians; recommendations for addressing staff shortages and open positions within relevant law enforcement agencies, including issues related to the hiring and retention of law enforcement officers; and recommendations for coordinating tribal, State, and Federal resources to increase prosecution of violent crime, including murder and human trafficking offenses and increase information sharing with tribal governments on violent crime investigations and prosecutions in Indian lands that were terminated or declined.
The Committee shall develop recommended best practices for Indian tribes and Federal, State, and local law enforcement officials in close proximity to Indian lands to follow— in combatting violent crime, including missing persons, murder, and human trafficking within Indian lands and of Indians; and to address any gaps in services for Indian victims of violent crime. The best practices shall be based on multidisciplinary and culturally relevant research, evidence-based models and programs and should consider the societal, economic, and other factors that contribute to violent crime within Indian lands and of Indians.
The best practices shall be user-friendly, culturally responsive in form and delivery, and include the following: Sample training materials. Sample guidelines and recommendations, including— strategies to collect, document, and share information across systems and agencies; strategies to help agencies better understand the types of violent crime, the prevalence of violent crime in Indian lands and of Indians, and the degree of victim and family interaction with multiple systems; and strategies to improve coordination between law enforcement, victim service providers, victim advocates, and Indian communities to utilize their positions and resources in educating critical stakeholder groups and assisting victims and families.
The Attorney General and the Secretary of the Interior shall submit a written response to the recommendations developed by the Committee to— the Committee; the Committee on the Judiciary of the Senate; the Committee on Indian Affairs of the Senate; the Committee on Natural Resources of the House of Representatives; and the Committee on the Judiciary of the House of Representatives. Not later than 2 years after the date of enactment of this Act, the Committee shall— submit a report on the action of the Committee described in subsection
(c)that includes the responses of the Department of the Interior and the Department of Justice to the recommendations of the Committee to— the Committee on Indian Affairs of the Senate; the Committee on Natural Resources of the House of Representatives; the Committee on the Judiciary of the Senate; and the Committee on the Judiciary of the House of Representatives; and make the report under paragraph
(1)publicly available both in a hard copy and online. The Committee shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.).
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