Native Youth and Tribal Officer Protection Act

II 116TH CONGRESS 1ST SESSION S. 290 To protect Native children and promote public safety in Indian country. IN THE SENATE OF THE UNITED STATES JANUARY 31, 2019 Mr. UDALL (for himself, Ms. MURKOWSKI, and Ms. SMITH) introduced the fol- lowing bill; which was read twice and referred to the Committee on In- dian Affairs A BILL To protect Native children and promote public safety in Indian country. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Native Youth and 4 Tribal Officer Protection Act’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 (1) American Indians and Alaska Natives are 8 2.5 times more likely to experience violent crimes 9 VerDate Sep 11 2014 00:02 Feb 09, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S290.IS S290 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 290 IS and at least 2 times more likely to experience rape 1 or sexual assault crimes. 2 (2) The vast majority of American Indian and 3 Alaska Native victims, 96 percent of female and 89 4 percent of male victims, report being victimized by 5 a non-Indian. 6 (3) According to a 2010 Government Account- 7 ability Office report, United States Attorneys de- 8 clined to prosecute nearly 52 percent of violent 9 crimes that occur in Indian country. 10 (4) More than 4 in 5 American Indian and 11 Alaska Native women have experienced violence in 12 their lifetime. 13 (5) According to the Centers for Disease Con- 14 trol and Prevention, homicide is the third leading 15 cause of death among American Indian and Alaska 16 Native women between 10 and 24 years of age and 17 the fifth leading cause of death for American Indian 18 and Alaska Native women between 25 and 34 years 19 of age. 20 (6) On some reservations, American Indian 21 women are murdered at more than 10 times the na- 22 tional average. 23 (7) Tribal prosecutors report that the majority 24 of domestic violence cases involve children either as 25 VerDate Sep 11 2014 00:02 Feb 09, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S290.IS S290 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 290 IS witnesses or victims, and the Department of Justice 1 reports that American Indian and Alaska Native 2 children suffer exposure to violence at some of the 3 highest rates in the United States. 4 (8) Childhood exposure to violence has imme- 5 diate and long term effects, including increased rates 6 of altered neurological development, poor physical 7 and mental health, poor school performance, sub- 8 stance abuse, and overrepresentation in the juvenile 9 justice system. 10 (9) Violence against children and crimes associ- 11 ated with dating violence and domestic violence in- 12 crease the number of instances of trauma in Tribal 13 communities, which— 14 (A) affects health outcomes; 15 (B) reduces educational attainment; 16 (C) hinders economic growth; and 17 (D) undermines public safety. 18 (10) Domestic violence calls are among the 19 most dangerous calls that law enforcement receives, 20 and the Federal Bureau of Investigation’s Uniform 21 Crime Report shows that police officers, including 22 Tribal police officers, are assaulted when responding 23 to disturbance calls more often than under any other 24 circumstances. 25 VerDate Sep 11 2014 00:02 Feb 09, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S290.IS S290 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 290 IS (11) The complicated jurisdictional structure in 1 Indian country— 2 (A) requires a high degree of commitment 3 and cooperation among Tribal, Federal, and 4 State law enforcement officials; and 5 (B) when that cooperation breaks down, 6 results in a significant negative impact on the 7 ability to provide public safety to Indian com- 8 munities. 9 (12) The Indian Law and Order Commission, 10 established by Congress to review Federal criminal 11 justice policies and practices in Indian country, 12 issued a report in 2013 entitled ‘‘A Roadmap for 13 Making Native America Safer’’ that recommends the 14 restoration of the inherent authority of Tribal 15 courts. 16 (13) Restoring and enhancing local, Tribal ca- 17 pacity to address violent crimes provides for greater 18 local control, safety, accountability, and trans- 19 parency. 20 (14) Tribal communities should be able to pro- 21 tect themselves from dating violence, domestic vio- 22 lence, child violence, and violence committed against 23 members of the Tribal justice system. 24 VerDate Sep 11 2014 00:02 Feb 09, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S290.IS S290 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 290 IS SEC. 3. PROTECTION OF NATIVE CHILDREN AND TRIBAL 1 COMMUNITIES. 2 Section 204 of Public Law 90–284 (25 U.S.C. 1304) 3 is amended— 4 (1) in the section heading, by striking ‘‘DO- 5 MESTIC VIOLENCE’’ and inserting ‘‘DOMESTIC 6 VIOLENCE, CHILD VIOLENCE, AND VIOLENCE 7 AGAINST LAW ENFORCEMENT OFFICERS’’; 8 (2) in subsection (a)— 9 (A) in paragraph (1), by striking ‘‘means 10 violence’’ and inserting ‘‘means covered con- 11 duct’’; 12 (B) in paragraph (2)— 13 (i) by striking ‘‘means violence’’ and 14 inserting ‘‘means covered conduct’’; and 15 (ii) by striking ‘‘where the violence oc- 16 curs’’ and inserting ‘‘where the covered 17 conduct occurs’’; 18 (C) in paragraph (4), by striking ‘‘domes- 19 tic violence’’ and inserting ‘‘tribal’’; 20 (D) in paragraph (6)— 21 (i) in the paragraph heading, by strik- 22 ing ‘‘DOMESTIC VIOLENCE’’ and inserting 23 ‘‘TRIBAL’’; and 24 (ii) by striking ‘‘domestic violence’’ 25 and inserting ‘‘tribal’’; 26 VerDate Sep 11 2014 02:27 Feb 09, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S290.IS S290 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 290 IS (E) by redesignating paragraphs (6) and 1 (7) as paragraphs (12) and (13), respectively; 2 (F) by redesignating paragraphs (1) 3 through (5) as paragraphs (6) through (10), re- 4 spectively; 5 (G) by inserting before paragraph (6) (as 6 redesignated by subparagraph (F)) the fol- 7 lowing: 8 ‘‘(1) CAREGIVER.—The term ‘caregiver’ 9 means— 10 ‘‘(A) the parent, guardian, or legal custo- 11 dian of the child; 12 ‘‘(B) the spouse or intimate partner of a 13 parent, guardian, or legal custodian of the 14 child; 15 ‘‘(C) any relative of the child, including a 16 parent, grandparent, great-grandparent, step- 17 parent, brother, sister, stepbrother, stepsister, 18 half-brother, or half-sister; 19 ‘‘(D) a person who resides or has resided 20 regularly or intermittently in the same dwelling 21 as the child; 22 ‘‘(E) a person who provides or has pro- 23 vided care for the child in or out of the home 24 of the child; 25 VerDate Sep 11 2014 00:02 Feb 09, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S290.IS S290 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 290 IS ‘‘(F) any person who exercises or has exer- 1 cised temporary or permanent control over the 2 child; or 3 ‘‘(G) any person who temporarily or per- 4 manently supervises or has supervised the child. 5 ‘‘(2) CHILD.—The term ‘child’ means a person 6 who has not attained the lesser of— 7 ‘‘(A) the age of 18; or 8 ‘‘(B) except in the case of sexual abuse, 9 the age specified by the child protection law of 10 the participating tribe that has jurisdiction over 11 the Indian country where the child resides. 12 ‘‘(3) CHILD VIOLENCE.—The term ‘child vio- 13 lence’ means covered conduct committed against a 14 child by a caregiver of the child. 15 ‘‘(4) COVERED CONDUCT.—The term ‘covered 16 conduct’ means conduct that— 17 ‘‘(A) involves the use, attempted use, or 18 threatened use of physical force against the per- 19 son or property of another; and 20 ‘‘(B) violates the criminal law of the In- 21 dian tribe that has jurisdiction over the Indian 22 country where the conduct occurs. 23 ‘‘(5) COVERED INDIVIDUAL.—The term ‘cov- 24 ered individual’ means an officer or employee of an 25 VerDate Sep 11 2014 00:02 Feb 09, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S290.IS S290 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 290 IS Indian tribe, or an individual authorized to act for 1 or on behalf of an Indian tribe or serving an Indian 2 tribe, who is— 3 ‘‘(A) authorized under law to— 4 ‘‘(i) engage in or supervise the preven- 5 tion, detection, investigation, arrest, pre- 6 trial detention, prosecution, or adjudication 7 of an offense or the sentencing, including 8 the probation, parole, incarceration, or re- 9 habilitation, of an individual; or 10 ‘‘(ii) serve as a probation or pretrial 11 services officer; and 12 ‘‘(B) carrying out an activity described in 13 paragraph (11)(C).’’; and 14 (H) by inserting after paragraph (10) (as 15 redesignated by subparagraph (F)) the fol- 16 lowing: 17 ‘‘(11) RELATED CONDUCT.—The term ‘related 18 conduct’ means a violation of the criminal law of an 19 Indian tribe that is committed— 20 ‘‘(A) against a covered individual; 21 ‘‘(B) by a person— 22 ‘‘(i) who is subject to special tribal 23 criminal jurisdiction; and 24 VerDate Sep 11 2014 00:02 Feb 09, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S290.IS S290 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 290 IS ‘‘(ii) has committed criminal conduct 1 that falls into one or more of the cat- 2 egories described in paragraphs (1) and 3 (2) of subsection (c); and 4 ‘‘(C) in the course of resisting or inter- 5 fering with the prevention, detection, investiga- 6 tion, arrest, pretrial detention, prosecution, ad- 7 judication, or sentencing, including the proba- 8 tion, parole, incarceration, or rehabilitation, of 9 that person relating to that criminal conduct.’’; 10 (3) in subsection (b)— 11 (A) by striking ‘‘domestic violence’’ each 12 place it appears and inserting ‘‘tribal’’; and 13 (B) in paragraph (4)(B)(iii), in the matter 14 preceding subclause (I), by striking ‘‘, or dating 15 partner’’ and inserting ‘‘, dating partner, or 16 caregiver’’; 17 (4) in subsection (c)— 18 (A) in the matter preceding paragraph (1), 19 by striking ‘‘domestic violence’’ and inserting 20 ‘‘tribal’’; 21 (B) in paragraph (1)— 22 (i) in the paragraph heading, by strik- 23 ing ‘‘AND DATING VIOLENCE’’ and insert- 24 VerDate Sep 11 2014 00:02 Feb 09, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S290.IS S290 pamtmann on DSKBFK8HB2PROD with BILLS 10 •S 290 IS ing ‘‘, DATING VIOLENCE, AND CHILD VIO- 1 LENCE’’; and 2 (ii) by striking ‘‘or dating violence’’ 3 and inserting ‘‘, dating violence, or child 4 violence’’; and 5 (C) by adding at the end the following: 6 ‘‘(3) RELATED CONDUCT.—An act of related 7 conduct that occurs in the Indian country of the 8 participating tribe.’’; 9 (5) in subsection (d), by striking ‘‘domestic vio- 10 lence’’ each place it appears and inserting ‘‘tribal’’; 11 (6) in subsection (f)— 12 (A) by striking ‘‘special domestic violence’’ 13 each place it appears and inserting ‘‘special 14 tribal’’; 15 (B) in paragraph (2), by striking ‘‘pros- 16 ecutes’’ and all that follows through the semi- 17 colon at the end and inserting the following: 18 ‘‘prosecutes— 19 ‘‘(A) a crime of domestic violence; 20 ‘‘(B) a crime of dating violence; 21 ‘‘(C) a crime of child violence; 22 ‘‘(D) a criminal violation of a protection 23 order; or 24 ‘‘(E) a crime of related conduct;’’; and 25 VerDate Sep 11 2014 00:02 Feb 09, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S290.IS S290 pamtmann on DSKBFK8HB2PROD with BILLS 11 •S 290 IS (C) in paragraph (4), by inserting ‘‘child 1 violence, related conduct,’’ after ‘‘dating vio- 2 lence,’’; and 3 (7) in subsection (h), by striking ‘‘2014 4 through 2018’’ and inserting ‘‘2020 through 2024’’. 5 SEC. 4. INCREASED INTERAGENCY COORDINATION. 6 (a) IN GENERAL.—The Secretary of the Interior and 7 the Secretary of Health and Human Services (referred to 8 in this section as the ‘‘Secretaries’’) shall coordinate with 9 the Attorney General to ensure, to the maximum extent 10 practicable, that Federal programs to support Tribal jus- 11 tice systems and to support provision of victim services 12 for Indians are working effectively together to serve the 13 needs of Indian tribes and Indians (as such terms are de- 14 fined in section 4 of the Indian Self-Determination and 15 Education Assistance Act (25 U.S.C. 5304)). 16 (b) COORDINATION OF FEDERAL INDIAN FACILITIES 17 WITH NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT- 18 EES.—The Secretaries shall ensure that information for 19 contacting any toll-free telephone hotline operated by re- 20 cipients of a grant authorized by section 313 of the Family 21 Violence Protective Services Act (42 U.S.C. 10413), is 22 posted and readily visible in each publicly accessible Fed- 23 eral facility utilized by— 24 (1) the Indian Health Services; 25 VerDate Sep 11 2014 02:27 Feb 09, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S290.IS S290 pamtmann on DSKBFK8HB2PROD with BILLS 12 •S 290 IS (2) the Bureau of Indian Affairs; or 1 (3) the Bureau of Indian Education. 2 (c) COORDINATION ON TRAINING FEDERAL INDIAN 3 PROGRAM EMPLOYEES TO RECOGNIZE AND RESPOND TO 4 DOMESTIC VIOLENCE.—The Secretaries (acting through 5 the Assistant Secretary for Indian Affairs, the Director 6 of the Bureau of Indian Education, and the Director of 7 the Indian Health Service) shall coordinate with the Direc- 8 tor of the Office on Violence Against Women of the De- 9 partment of Justice and the Associate Commissioner for 10 the Family and Youth Services Bureau of the Department 11 of Health and Human Services to ensure that training ma- 12 terials on recognizing and responding to domestic violence 13 are available to Tribal and Federal employees of— 14 (1) the Indian Health Services; 15 (2) the Bureau of Indian Affairs; and 16 (3) the Bureau of Indian Education. 17 SEC. 5. REPORT. 18 (a) IN GENERAL.—The Secretary of the Interior 19 (acting through the Assistant Secretary for Indian Af- 20 fairs) and the Secretary of Health and Human Services 21 (acting through the Director of the Indian Health Service) 22 shall jointly submit a report to— 23 (1) the Committee on Indian Affairs of the Sen- 24 ate; and 25 VerDate Sep 11 2014 02:27 Feb 09, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S290.IS S290 pamtmann on DSKBFK8HB2PROD with BILLS 13 •S 290 IS (2) the Committee on Natural Resources of the 1 House of Representatives. 2 (b) CONTENTS OF THE REPORT.—The report re- 3 quired under subsection (a) shall include a description of 4 the degree of effectiveness of— 5 (1) Federal programs that are intended to build 6 the capacity of criminal justice systems of Indian 7 tribes to investigate and prosecute offenses relating 8 to [Text truncated for display. Full text available on Congress.gov.]