,,ii #aagth ,,congress #ast ,session ,s4 #cccg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #h1 #bjba,mr4 ,lujn 7for himself and ,ms4 ,smith7 introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,a ,,bill ,to protect ,native children and promote public safety in ,indian country4 #a4 ,short title ,this ,act may be cited as the ,native ,youth and ,tribal ,officer ,protection ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,american ,indians and ,alaska ,natives are #b4e times more likely to experience violent crimes and at least #b times more likely to experience rape or sexual assault crimes4 7#b7 ,the vast majority of ,american ,indian and ,alaska ,native victims1 #if percent of female and #hi percent of male victims1 report being victimized by a non-,indian4 7#c7 ,according to a #bjaj ,government ,accountability ,office report1 ,united ,states ,attorneys declined to prosecute nearly #eb percent of violent crimes that occur in ,indian country4 7#d7 ,more than #d in #e ,american ,indian and ,alaska ,native women have experienced violence in their lifetime4 7#e7 ,according to the ,centers for ,disease ,control and ,prevention1 homicide is the third leading cause of death among ,american ,indian and ,alaska ,native women between #aj and #bd years of age and the fifth leading cause of death for ,american ,indian and ,alaska ,native women between #be and #cd years of age4 7#f7 ,on some reservations1 ,american ,indian women are murdered at more than #aj times the national average4 7#g7 ,tribal prosecutors report that the majority of domestic violence cases involve children either as witnesses or victims1 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 ,states4 7#h7 ,childhood exposure to violence has immediate and long term effects1 including increased rates of altered neurological development1 poor physical and mental health1 poor school performance1 substance abuse1 and overrepresentation in the juvenile justice system4 7#i7 ,violence against children and crimes associated with dating violence and domestic violence increase the number of instances of trauma in ,tribal communities1 which-- 7,a7 affects health outcomes2 7,b7 reduces educational attainment2 7,c7 hinders economic growth2 and 7,d7 undermines public safety4 7#aj7 ,domestic violence calls are among the most dangerous calls that law enforcement receives1 and the ,federal ,bureau of ,investigation's ,uniform ,crime ,report shows that police officers1 including ,tribal police officers1 are assaulted when responding to disturbance calls more often than under any other circumstances4 7#aa7 ,the complicated jurisdictional structure in ,indian country-- 7,a7 requires a high degree of commitment and cooperation among ,tribal1 ,federal1 and ,state law enforcement officials2 and 7,b7 when that cooperation breaks down1 results in a significant negative impact on the ability to provide public safety to ,indian communities4 7#ab7 ,the ,indian ,law and ,order ,commission1 established by ,congress to review ,federal criminal justice policies and practices in ,indian country1 issued a report in #bjac entitled ,a ,roadmap for ,making ,native ,america ,safer that recommends the restoration of the inherent authority of ,tribal courts4 7#ac7 ,restoring and enhancing local1 ,tribal capacity to address violent crimes provides for greater local control1 safety1 accountability1 and transparency4 7#ad7 ,tribal communities should be able to protect themselves from dating violence1 domestic violence1 child violence1 and violence committed against members of the ,tribal justice system4 #c4 ,tribal jurisdiction over covered crimes ,section #bjd of ,public ,law #ij-bhd 7#be ,u4,s4,c4 #acjd7 7commonly known as the ,indian ,civil ,rights ,act of #aifh7 is amended-- 7#a7 in the section heading-- 7,a7 by striking of domestic violence2 and 7,b7 by inserting covered before crimes2 7#b7 in subsection 7a7-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,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 victim1 as determined by the length of the relationship1 the type of relationship1 and the frequency of interaction between the persons involved in the relationship4 2 7,b7 by striking paragraph 7#b72 7,c7 by redesignating paragraphs 7#a71 7#c71 7#d71 7#e71 7#f71 and 7#g7 as paragraphs 7#e71 7#g71 7#i71 7#aj71 7#aa71 and 7#ab71 respectively2 7,d7 by inserting before paragraph 7#e7 7as so redesignated7 the following3 7#a7 ,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 use1 attempted use1 or threatened use of physical force against an individual authorized to act for1 or on behalf of1 that ,indian tribe or serving that ,indian tribe during1 or because of1 the performance of duties of that individual in-- 7,a7 preventing1 detecting1 investigating1 making arrests relating to1 making apprehensions for1 or prosecuting a covered crime2 7,b7 adjudicating1 participating in the adjudication of1 or supporting the adjudication of a covered crime2 7,c7 detaining1 providing supervision for1 or providing services for persons charged with a covered crime2 or 7,d7 incarcerating1 supervising1 providing treatment for1 providing rehabilitation services for1 or providing reentry services for persons convicted of a covered crime4 7#b7 ,child ,the term child means a person who has not attained the lesser of-- 7,a7 the age of #ah2 and 7,b7 except in the case of sexual abuse1 the age specified by the criminal law of the ,indian tribe that has jurisdiction over the ,indian country where the violation occurs4 7#c7 ,child violence ,the term child violence means the use1 threatened use1 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 occurs4 7#d7 ,covered crime ,the term covered crime means-- 7,a7 assault of tribal justice personnel2 7,b7 child violence2 7,c7 dating violence2 7,d7 domestic violence2 7,e7 obstruction of justice2 and 7,f7 a violation of a protection order4 2 7,e7 by inserting after paragraph 7#e7 7as so redesignated7 the following3 7#f7 ,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-- 7,a7 a current or former spouse or intimate partner of the victim2 7,b7 a person with whom the victim shares a child in common2 7,c7 a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner2 or 7,d7 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 occurs4 2 7,f7 by inserting after paragraph 7#g7 7as so redesignated7 the following3 7#h7 ,obstruction of justice ,the term obstruction of justice means any violation-- 7,a7 of the criminal law of the ,indian tribe that has jurisdiction over the ,indian country where the violation occurs2 and 7,b7 that involves interfering with the administration or due process of the laws of the ,indian tribe1 including any tribal criminal proceeding or investigation of a crime4 2 7,g7 in paragraph 7#i7 7as so redesignated71 by striking domestic violence and inserting tribal2 7,h7 in paragraph 7#aa7 7as so redesignated7-- 7i7 in the paragraph heading1 by striking domestic violence and inserting tribal2 and 7ii7 by striking domestic violence and inserting tribal2 and 7,i7 by adding at the end the following3 7#ac7 ,violation of a protection order ,the term violation of a protection order means an act that-- 7,a7 occurs in the ,indian country of the participating tribe2 and 7,b7 violates a provision of a protection order that-- 7i7 prohibits or provides protection against violent or threatening acts or harassment against1 sexual violence against1 contact or communication with1 or physical proximity to1 another person2 7ii7 was issued against the defendant2 7iii7 is enforceable by the participating tribe2 and 7iv7 is consistent with section #bbfe7;b7 of title #ah1 ,united ,states ,code4 2 7#c7 in subsection 7b7-- 7,a7 by striking domestic violence each place the term appears and inserting tribal2 7,b7 in paragraph 7#a71 by inserting 1 including any participating tribe in the ,state of ,maine1 before include2 and 7,c7 in paragraph 7#d7-- 7i7 in subparagraph 7,a77i71 by inserting 1 other than obstruction of justice or assault of tribal justice personnel1 after offense2 and 7ii7 in subparagraph 7,b77iii71 in the matter preceding subclause 7,i71 by striking 1 or dating partner and inserting 1 dating partner1 or caregiver2 7#d7 by striking subsection 7c7 and inserting the following3 7c7 ,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 tribe4 2 7#e7 in subsection 7d71 by striking domestic violence each place the term appears and inserting tribal2 and 7#f7 by striking subsections 7f7 through 7h7 and inserting the following3 7f7 ,grants and reimbursement to ,tribal governments 7#a7 ,reimbursement 7,a7 ,in general ,the ,attorney ,general may reimburse ,tribal government authorities 7or an authorized designee of a ,tribal government7 for expenses incurred in exercising special tribal criminal jurisdiction4 7,b7 ,eligible expenses ,eligible expenses for reimbursement shall include expenses and costs incurred in1 relating to1 or associated with-- 7i7 investigating1 making arrests relating to1 making apprehensions for1 or prosecuting covered crimes 7including costs involving the purchasing1 collecting1 and processing of sexual assault forensic materials72 7ii7 detaining1 providing supervision of1 or providing services for persons charged with covered crimes 7including costs associated with providing health care72 7iii7 providing indigent defense services for #a or more persons charged with #a or more covered crimes2 and 7iv7 incarcerating1 supervising1 or providing treatment1 rehabilitation1 or reentry services for #a or more persons charged with #a or more covered crimes4 7,c7 ,procedure 7i7 ,in general ,reimbursements authorized under subparagraph 7,a7 shall be in accordance with rules promulgated by the ,attorney ,general1 after consultation with ,indian tribes1 and within #a year after the date of enactment of the ,native ,youth and ,tribal ,officer ,protection ,act4 7ii7 ,maximum reimbursement ,the rules promulgated by the ,attorney ,general under clause 7i7-- 7,i7 shall set a maximum allowable reimbursement to any ,tribal government 7or authorized designee of any ,tribal government7 in a #a-year period2 and 7,,ii7 may allow the ,attorney ,general-- 7aa7 to establish conditions under which a ,tribal government 7or an authorized designee of a ,tribal government7 may seek a waiver of the maximum allowable reimbursement requirement established under subclause 7,i72 and 7bb7 waive the maximum allowable reimbursement requirement established under subclause 7,i7 for a ,tribal government 7or an authorized designee of a ,tribal government7 if the conditions established by the ,attorney ,general under item 7aa7 are met by that ,tribal government 7or authorized designee74 7iii7 ,timeliness of reimbursements ,to the maximum extent practicable1 the ,attorney ,general shall-- 7,i7 not later than #ij days after the date on which the ,attorney ,general receives a qualifying reimbursement request from a ,tribal government 7or an authorized designee of a ,tribal government7-- 7aa7 reimburse the ,tribal government 7or authorized designee72 or 7bb7 notify the ,tribal government 7or authorized designee7 of the reason why the ,attorney ,general was unable to issue the reimbursement2 and 7,,ii7 not later than #cj days after the date on which a ,tribal government 7or an authorized designee of a ,tribal government7 reaches the annual maximum allowable reimbursement for the ,tribal government 7or authorized designee7 established by the ,attorney ,general under clause 7ii77,i71 notify the ,tribal government 7or authorized designee7 that the ,tribal government has reached its annual maximum allowable reimbursement4 7#b7 ,grants ,the ,attorney ,general may award grants to the governments of ,indian tribes 7or to authorized designees of those governments7-- 7,a7 to strengthen tribal criminal justice systems to assist ,indian tribes in exercising special tribal criminal jurisdiction1 including for-- 7i7 law enforcement1 including the capacity of law enforcement1 court personnel1 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 tribe1 to enter information into and obtain information from national crime information databases2 7ii7 prosecution2 7iii7 trial and appellate courts1 including facilities maintenance1 renovation1 rehabilitation1 and construction2 7iv7 supervision and probation systems2 7v7 detention and correctional facilities1 including facilities maintenance1 renovation1 rehabilitation1 and construction2 7vi7 treatment1 rehabilitation1 and reentry programs and services2 7vii7 culturally appropriate services and assistance for victims and their families2 and 7viii7 criminal codes and rules of criminal procedure1 appellate procedure1 and evidence2 7,b7 to provide indigent criminal defendants with the effective assistance of licensed defense counsel1 at no cost to the defendant1 in criminal proceedings in which a participating tribe prosecutes covered crimes2 7,c7 to ensure that1 in criminal proceedings in which a participating tribe exercises special tribal criminal jurisdiction1 jurors are summoned1 selected1 and instructed in a manner consistent with all applicable requirements2 and 7,d7 to accord victims of covered crimes rights that are similar to the rights of a crime victim described in section #cgga7;a7 of title #ah1 ,united ,states ,code1 consistent with tribal law and custom4 7g7 ,supplement1 not supplant ,amounts made available under subsection 7f77#b7 shall supplement and not supplant any other ,federal1 ,state1 or local government amounts made available to carry out activities described in this section4 7h7 ,authorization of appropriations ,there is authorized to be appropriated #ae1jjj1jjj for each of fiscal years #bjbc through #bjbg to carry out subsection 7f7 and to provide training1 technical assistance1 data collection1 and evaluation of the criminal justice systems of participating tribes4 7i7 ,use of funds ,of the funds appropriated under this section for each fiscal year-- 7#a7 not less than #be percent1 but not more than #dj percent1 shall be used for the purposes described in subsection 7f77#a72 and 7#b7 not less than #be percent shall be used for the purposes described in subsection 7f77#b74 4 #d4 ,increased interagency coordination 7a7 ,in general ,the ,secretary of the ,interior and the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretaries7 shall coordinate with the ,attorney ,general to ensure1 to the maximum extent practicable1 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 7as the terms are defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd774 7b7 ,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 #cac of the ,family ,violence ,protective ,services ,act 7#db ,u4,s4,c4 #ajdac7 is posted and readily visible in each publicly accessible ,federal facility utilized by-- 7#a7 the ,indian ,health ,service2 7#b7 the ,bureau of ,indian ,affairs2 or 7#c7 the ,bureau of ,indian ,education4 7c7 ,coordination on training ,federal indian program employees ,to recognize and respond to domestic violence ,the ,secretaries 7acting through the ,assistant ,secretary for ,indian ,affairs1 the ,director of the ,bureau of ,indian ,education1 and the ,director of the ,indian ,health ,service7 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-- 7#a7 the ,indian ,health ,service2 7#b7 the ,bureau of ,indian ,affairs2 and 7#c7 the ,bureau of ,indian ,education4 #e4 ,report 7a7 ,in general ,the ,secretary of the ,interior 7acting through the ,assistant ,secretary for ,indian ,affairs71 the ,secretary of ,health and ,human ,services 7acting through the ,director of the ,indian ,health ,service71 and the ,attorney ,general shall jointly submit a report to-- 7#a7 the ,committee on ,indian ,affairs of the ,senate2 and 7#b7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7b7 ,contents of the report ,the report required under subsection 7a7 shall include a description of the degree of effectiveness of-- 7#a7 ,federal programs that are intended to build the capacity of criminal justice systems of ,indian tribes to investigate and prosecute offenses relating to dating violence1 domestic violence1 and child violence 7as defined in section #bjd7;a7 of ,public ,law #ij-bhd 7#be ,u4,s4,c4 #acjd7;a77 7commonly known as the ,indian ,civil ,rights ,act of #aifh77 and related conduct2 7#b7 the coordination activities required under section #d1 including compliance with the posting of domestic violence victim service access information required under section #d7;b72 and 7#c7 the interagency employee training material development required under section #d7;c74 7c7 ,timing ,the ,secretary of the ,interior1 the ,secretary of ,health and ,human ,services1 and the ,attorney ,general shall submit the report required under subsection 7a7 by not later than #d years after the date of enactment of this ,act4