[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3337 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 3337
To protect Native children and promote public safety in Indian country.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 8, 2021
Mr. Lujan (for himself and Ms. Smith) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To protect Native children and promote public safety in Indian country.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native Youth and Tribal Officer
Protection Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) American Indians and Alaska Natives are 2.5 times more
likely to experience violent crimes and at least 2 times more
likely to experience rape or sexual assault crimes.
(2) The vast majority of American Indian and Alaska Native
victims, 96 percent of female and 89 percent of male victims,
report being victimized by a non-Indian.
(3) According to a 2010 Government Accountability Office
report, United States Attorneys declined to prosecute nearly 52
percent of violent crimes that occur in Indian country.
(4) More than 4 in 5 American Indian and Alaska Native
women have experienced violence in their lifetime.
(5) According to the Centers for Disease Control and
Prevention, homicide is the third leading cause of death among
American Indian and Alaska Native women between 10 and 24 years
of age and the fifth leading cause of death for American Indian
and Alaska Native women between 25 and 34 years of age.
(6) On some reservations, American Indian women are
murdered at more than 10 times the national average.
(7) Tribal prosecutors report that the majority of domestic
violence cases involve children either as witnesses or victims,
and the Department of Justice reports that American Indian and
Alaska Native children suffer exposure to violence at some of
the highest rates in the United States.
(8) Childhood exposure to violence has immediate and long
term effects, including increased rates of altered neurological
development, poor physical and mental health, poor school
performance, substance abuse, and overrepresentation in the
juvenile justice system.
(9) Violence against children and crimes associated with
dating violence and domestic violence increase the number of
instances of trauma in Tribal communities, which--
(A) affects health outcomes;
(B) reduces educational attainment;
(C) hinders economic growth; and
(D) undermines public safety.
(10) Domestic violence calls are among the most dangerous
calls that law enforcement receives, and the Federal Bureau of
Investigation's Uniform Crime Report shows that police
officers, including Tribal police officers, are assaulted when
responding to disturbance calls more often than under any other
circumstances.
(11) The complicated jurisdictional structure in Indian
country--
(A) requires a high degree of commitment and
cooperation among Tribal, Federal, and State law
enforcement officials; and
(B) when that cooperation breaks down, results in a
significant negative impact on the ability to provide
public safety to Indian communities.
(12) The Indian Law and Order Commission, established by
Congress to review Federal criminal justice policies and
practices in Indian country, issued a report in 2013 entitled
``A Roadmap for Making Native America Safer'' that recommends
the restoration of the inherent authority of Tribal courts.
(13) Restoring and enhancing local, Tribal capacity to
address violent crimes provides for greater local control,
safety, accountability, and transparency.
(14) Tribal communities should be able to protect
themselves from dating violence, domestic violence, child
violence, and violence committed against members of the Tribal
justice system.
SEC. 3. TRIBAL JURISDICTION OVER COVERED CRIMES.
Section 204 of Public Law 90-284 (25 U.S.C. 1304) (commonly known
as the ``Indian Civil Rights Act of 1968'') is amended--
(1) in the section heading--
(A) by striking ``of domestic violence''; and
(B) by inserting ``covered'' before ``crimes'';
(2) in subsection (a)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Dating violence.--The term `dating violence' means
any violation of the criminal law of the Indian tribe that has
jurisdiction over the Indian country where the violation occurs
that was committed by a person who is or has been in a social
relationship of a romantic or intimate nature with the victim,
as determined by the length of the relationship, the type of
relationship, and the frequency of interaction between the
persons involved in the relationship.'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (1), (3), (4), (5),
(6), and (7) as paragraphs (5), (7), (9), (10), (11),
and (12), respectively;
(D) by inserting before paragraph (5) (as so
redesignated) the following:
``(1) Assault of tribal justice personnel.--The term
`assault of tribal justice personnel' means any violation of
the criminal law of the Indian tribe that has jurisdiction over
the Indian country where the violation occurs that involves the
use, attempted use, or threatened use of physical force against
an individual authorized to act for, or on behalf of, that
Indian tribe or serving that Indian tribe during, or because
of, the performance of duties of that individual in--
``(A) preventing, detecting, investigating, making
arrests relating to, making apprehensions for, or
prosecuting a covered crime;
``(B) adjudicating, participating in the
adjudication of, or supporting the adjudication of a
covered crime;
``(C) detaining, providing supervision for, or
providing services for persons charged with a covered
crime; or
``(D) incarcerating, supervising, providing
treatment for, providing rehabilitation services for,
or providing reentry services for persons convicted of
a covered crime.
``(2) Child.--The term `child' means a person who has not
attained the lesser of--
``(A) the age of 18; and
``(B) except in the case of sexual abuse, the age
specified by the criminal law of the Indian tribe that
has jurisdiction over the Indian country where the
violation occurs.
``(3) Child violence.--The term `child violence' means the
use, threatened use, or attempted use of violence against a
child proscribed by the criminal law of the Indian tribe that
has jurisdiction over the Indian country where the violation
occurs.
``(4) Covered crime.--The term `covered crime' means--
``(A) assault of tribal justice personnel;
``(B) child violence;
``(C) dating violence;
``(D) domestic violence;
``(E) obstruction of justice; and
``(F) a violation of a protection order.'';
(E) by inserting after paragraph (5) (as so
redesignated) the following:
``(6) Domestic violence.--The term `domestic violence'
means any violation of the criminal law of the Indian tribe
that has jurisdiction over the Indian country where the
violation occurs that is committed by--
``(A) a current or former spouse or intimate
partner of the victim;
``(B) a person with whom the victim shares a child
in common;
``(C) a person who is cohabitating with or has
cohabitated with the victim as a spouse or intimate
partner; or
``(D) a person similarly situated to a spouse of
the victim under the domestic- or family-violence laws
of the Indian tribe that has jurisdiction over the
Indian country where the violation occurs.'';
(F) by inserting after paragraph (7) (as so
redesignated) the following:
``(8) Obstruction of justice.--The term `obstruction of
justice' means any violation--
``(A) of the criminal law of the Indian tribe that
has jurisdiction over the Indian country where the
violation occurs; and
``(B) that involves interfering with the
administration or due process of the laws of the Indian
tribe, including any tribal criminal proceeding or
investigation of a crime.'';
(G) in paragraph (9) (as so redesignated), by
striking ``domestic violence'' and inserting
``tribal'';
(H) in paragraph (11) (as so redesignated)--
(i) in the paragraph heading, by striking
``domestic violence'' and inserting ``tribal'';
and
(ii) by striking ``domestic violence'' and
inserting ``tribal''; and
(I) by adding at the end the following:
``(13) Violation of a protection order.--The term
`violation of a protection order' means an act that--
``(A) occurs in the Indian country of the
participating tribe; and
``(B) violates a provision of a protection order
that--
``(i) prohibits or provides protection
against violent or threatening acts or
harassment against, sexual violence against,
contact or communication with, or physical
proximity to, another person;
``(ii) was issued against the defendant;
``(iii) is enforceable by the participating
tribe; and
``(iv) is consistent with section 2265(b)
of title 18, United States Code.'';
(3) in subsection (b)--
(A) by striking ``domestic violence'' each place
the term appears and inserting ``tribal'';
(B) in paragraph (1), by inserting ``, including
any participating tribe in the State of Maine,'' before
``include''; and
(C) in paragraph (4)--
(i) in subparagraph (A)(i), by inserting
``, other than obstruction of justice or
assault of tribal justice personnel,'' after
``offense''; and
(ii) in subparagraph (B)(iii), in the
matter preceding subclause (I), by striking ``,
or dating partner'' and inserting ``, dating
partner, or caregiver'';
(4) by striking subsection (c) and inserting the following:
``(c) Criminal Conduct.--A participating tribe may exercise special
tribal criminal jurisdiction over a defendant for a covered crime that
occurs in the Indian country of the participating tribe.'';
(5) in subsection (d), by striking ``domestic violence''
each place the term appears and inserting ``tribal''; and
(6) by striking subsections (f) through (h) and inserting
the following:
``(f) Grants and Reimbursement to Tribal Governments.--
``(1) Reimbursement.--
``(A) In general.--The Attorney General may
reimburse Tribal government authorities (or an
authorized designee of a Tribal government) for
expenses incurred in exercising special tribal criminal
jurisdiction.
``(B) Eligible expenses.--Eligible expenses for
reimbursement shall include expenses and costs incurred
in, relating to, or associated with--
``(i) investigating, making arrests
relating to, making apprehensions for, or
prosecuting covered crimes (including costs
involving the purchasing, collecting, and
processing of sexual assault forensic
materials);
``(ii) detaining, providing supervision of,
or providing services for persons charged with
covered crimes (including costs associated with
providing health care);
``(iii) providing indigent defense services
for 1 or more persons charged with 1 or more
covered crimes; and
``(iv) incarcerating, supervising, or
providing treatment, rehabilitation, or reentry
services for 1 or more persons charged with 1
or more covered crimes.
``(C) Procedure.--
``(i) In general.--Reimbursements
authorized under subparagraph (A) shall be in
accordance with rules promulgated by the
Attorney General, after consultation with
Indian tribes, and within 1 year after the date
of enactment of the Native Youth and Tribal
Officer Protection Act.
``(ii) Maximum reimbursement.--The rules
promulgated by the Attorney General under
clause (i)--
``(I) shall set a maximum allowable
reimbursement to any Tribal government
(or authorized designee of any Tribal
government) in a 1-year period; and
``(II) may allow the Attorney
General--
``(aa) to establish
conditions under which a Tribal
government (or an authorized
designee of a Tribal
government) may seek a waiver
of the maximum allowable
reimbursement requirement
established under subclause
(I); and
``(bb) waive the maximum
allowable reimbursement
requirement established under
subclause (I) for a Tribal
government (or an authorized
designee of a Tribal
government) if the conditions
established by the Attorney
General under item (aa) are met
by that Tribal government (or
authorized designee).
``(iii) Timeliness of reimbursements.--To
the maximum extent practicable, the Attorney
General shall--
``(I) not later than 90 days after
the date on which the Attorney General
receives a qualifying reimbursement
request from a Tribal government (or an
authorized designee of a Tribal
government)--
``(aa) reimburse the Tribal
government (or authorized
designee); or
``(bb) notify the Tribal
government (or authorized
designee) of the reason why the
Attorney General was unable to
issue the reimbursement; and
``(II) not later than 30 days after
the date on which a Tribal government
(or an authorized designee of a Tribal
government) reaches the annual maximum
allowable reimbursement for the Tribal
government (or authorized designee)
established by the Attorney General
under clause (ii)(I), notify the Tribal
government (or authorized designee)
that the Tribal government has reached
its annual maximum allowable
reimbursement.
``(2) Grants.--The Attorney General may award grants to the
governments of Indian tribes (or to authorized designees of
those governments)--
``(A) to strengthen tribal criminal justice systems
to assist Indian tribes in exercising special tribal
criminal jurisdiction, including for--
``(i) law enforcement, including the
capacity of law enforcement, court personnel,
or other non-law enforcement entities that have
no Federal or State arrest authority agencies
but have been designated by an Indian tribe as
responsible for maintaining public safety
within the territorial jurisdiction of the
Indian tribe, to enter information into and
obtain information from national crime
information databases;
``(ii) prosecution;
``(iii) trial and appellate courts,
including facilities maintenance, renovation,
rehabilitation, and construction;
``(iv) supervision and probation systems;
``(v) detention and correctional
facilities, including facilities maintenance,
renovation, rehabilitation, and construction;
``(vi) treatment, rehabilitation, and
reentry programs and services;
``(vii) culturally appropriate services and
assistance for victims and their families; and
``(viii) criminal codes and rules of
criminal procedure, appellate procedure, and
evidence;
``(B) to provide indigent criminal defendants with
the effective assistance of licensed defense counsel,
at no cost to the defendant, in criminal proceedings in
which a participating tribe prosecutes covered crimes;
``(C) to ensure that, in criminal proceedings in
which a participating tribe exercises special tribal
criminal jurisdiction, jurors are summoned, selected,
and instructed in a manner consistent with all
applicable requirements; and
``(D) to accord victims of covered crimes rights
that are similar to the rights of a crime victim
described in section 3771(a) of title 18, United States
Code, consistent with tribal law and custom.
``(g) Supplement, Not Supplant.--Amounts made available under
subsection (f)(2) shall supplement and not supplant any other Federal,
State, or local government amounts made available to carry out
activities described in this section.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated $15,000,000 for each of fiscal years 2023 through 2027 to
carry out subsection (f) and to provide training, technical assistance,
data collection, and evaluation of the criminal justice systems of
participating tribes.
``(i) Use of Funds.--Of the funds appropriated under this section
for each fiscal year--
``(1) not less than 25 percent, but not more than 40
percent, shall be used for the purposes described in subsection
(f)(1); and
``(2) not less than 25 percent shall be used for the
purposes described in subsection (f)(2).''.
SEC. 4. INCREASED INTERAGENCY COORDINATION.
(a) In General.--The Secretary of the Interior and the Secretary of
Health and Human Services (referred to in this section as the
``Secretaries'') shall coordinate with the Attorney General to ensure,
to the maximum extent practicable, that Federal programs to support
Tribal justice systems and to support provision of victim services for
Indians are working effectively together to serve the needs of Indian
Tribes and Indians (as the terms are defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 5304)).
(b) Coordination of Federal Indian Facilities With National
Domestic Violence Hotline Grantees.--The Secretaries shall ensure that
information for contacting any toll-free telephone hotline operated by
recipients of a grant authorized by section 313 of the Family Violence
Protective Services Act (42 U.S.C. 10413) is posted and readily visible
in each publicly accessible Federal facility utilized by--
(1) the Indian Health Service;
(2) the Bureau of Indian Affairs; or
(3) the Bureau of Indian Education.
(c) Coordination on Training Federal Indian Program Employees To
Recognize and Respond to Domestic Violence.--The Secretaries (acting
through the Assistant Secretary for Indian Affairs, the Director of the
Bureau of Indian Education, and the Director of the Indian Health
Service) shall coordinate with the Director of the Office on Violence
Against Women of the Department of Justice and the Associate
Commissioner for the Family and Youth Services Bureau of the Department
of Health and Human Services to ensure that training materials on
recognizing and responding to domestic violence are available to Tribal
and Federal employees of--
(1) the Indian Health Service;
(2) the Bureau of Indian Affairs; and
(3) the Bureau of Indian Education.
SEC. 5. REPORT.
(a) In General.--The Secretary of the Interior (acting through the
Assistant Secretary for Indian Affairs), the Secretary of Health and
Human Services (acting through the Director of the Indian Health
Service), and the Attorney General shall jointly submit a report to--
(1) the Committee on Indian Affairs of the Senate; and
(2) the Committee on Natural Resources of the House of
Representatives.
(b) Contents of the Report.--The report required under subsection
(a) shall include a description of the degree of effectiveness of--
(1) Federal programs that are intended to build the
capacity of criminal justice systems of Indian tribes to
investigate and prosecute offenses relating to dating violence,
domestic violence, and child violence (as defined in section
204(a) of Public Law 90-284 (25 U.S.C. 1304(a)) (commonly known
as the ``Indian Civil Rights Act of 1968'')) and related
conduct;
(2) the coordination activities required under section 4,
including compliance with the posting of domestic violence
victim service access information required under section 4(b);
and
(3) the interagency employee training material development
required under section 4(c).
(c) Timing.--The Secretary of the Interior, the Secretary of Health
and Human Services, and the Attorney General shall submit the report
required under subsection (a) by not later than 4 years after the date
of enactment of this Act.
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