[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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