25 U.S.C. § 1304 — Tribal jurisdiction over covered crimes

Page 213 TITLE 25—INDIANS § 1304 includes a term of imprisonment of 1 or more years. (C) Custody conditions The imprisonment by the Bureau of Prisons shall be subject to the conditions described in section 5003 of title 18, regarding the custody of State offenders, except that the offender shall be placed in the nearest available and ap- propriate Federal facility, and imprisoned at the expense of the United States. (D) Cap The Bureau of Prisons shall confine not more than 100 tribal offenders at any time. (3) Rescinding requests (A) In general The applicable tribal government shall re- tain the authority to rescind the request for confinement of a tribal offender by the Bureau of Prisons under this paragraph at any time during the sentence of the offender. (B) Return to tribal custody On rescission of a request under subpara- graph (A), a tribal offender shall be returned to tribal custody. (4) Reassessment If tribal court demand for participation in this program exceeds 100 tribal offenders, a rep- resentative of the Bureau of Prisons shall notify Congress. (Pub. L. 111–211, title II, § 234(c), July 29, 2010, 124 Stat. 2281; Pub. L. 117–103, div. W, title VIII, § 803, Mar. 15, 2022, 136 Stat. 898.) Editorial Notes REFERENCES IN TEXT Section 1302 of this title (as amended by this section), referred to in par. (1), is section 1302 of this title, as amended by section 234 of Pub. L. 111–211. CODIFICATION Section was formerly set out as a note under section 1302 of this title. Section was enacted as part of the Tribal Law and Order Act of 2010, and not as part of the Indian Civil Rights Act of 1968 which comprises this subchapter. AMENDMENTS 2022—Pub. L. 117–103, § 803(1), (2), struck out ‘‘pilot’’ before ‘‘program’’ in section catchline and wherever ap- pearing in text. Par. (1). Pub. L. 117–103, § 803(3), substituted ‘‘Not later than 120 days after March 15, 2022’’ for ‘‘Not later than 120 days after July 29, 2010’’. Par. (2)(B). Pub. L. 117–103, § 803(4), substituted ‘‘1 or more years’’ for ‘‘2 or more years’’. Pars. (5), (6). Pub. L. 117–103, § 803(5), struck out pars. (5) and (6) which read as follows: ‘‘(5) REPORT.—Not later than 3 years after the date of establishment of the pilot program, the Attorney Gen- eral shall submit to Congress a report describing the status of the program, including recommendations re- garding the future of the program, if any. ‘‘(6) TERMINATION.—Except as otherwise provided by an Act of Congress, the pilot program under this para- graph shall expire on the date that is 4 years after the date on which the program is established.’’ Statutory Notes and Related Subsidiaries DEFINITIONS For definition of ‘‘tribal government’’ as used in this section, see section 203(a) of Pub. L. 111–211, set out as a note under section 2801 of this title. § 1303. Habeas corpus The privilege of the writ of habeas corpus shall be available to any person, in a court of the United States, to test the legality of his de- tention by order of an Indian tribe. (Pub. L. 90–284, title II, § 203, Apr. 11, 1968, 82 Stat. 78.) § 1304. Tribal jurisdiction over covered crimes (a) Definitions In this section: (1) Assault of Tribal justice personnel The term ‘‘assault of Tribal justice per- sonnel’’ 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 in- dividual authorized to act for, or on behalf of, that Indian tribe or serving that Indian tribe during, or because of, the performance or du- ties of that individual in— (A) preventing, detecting, investigating, making arrests relating to, making appre- hensions for, or prosecuting a covered crime; (B) adjudicating, participating in the adju- dication 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 serv- ices 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 In- dian tribe that has jurisdiction over the In- dian 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) Coercion; commercial sex act The terms ‘‘coercion’’ and ‘‘commercial sex act’’ have the meanings given the terms in section 1591(e) of title 18. (5) 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; (F) sexual violence; (G) sex trafficking; (H) stalking; and (I) a violation of a protection order. (6) Dating violence The term ‘‘dating violence’’ means any vio- lation of the criminal law of the Indian tribe Page 214 TITLE 25—INDIANS § 1304 that has jurisdiction over the Indian country where the violation occurs that is committed by a person who is or has been in a social rela- tionship 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. (7) 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 who 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 ju- risdiction over the Indian country where the violation occurs. (8) Indian country The term ‘‘Indian country’’ has the meaning given the term in section 1151 of title 18. (9) Obstruction of justice The term ‘‘obstruction of justice’’ means any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that in- volves interfering with the administration or due process of the laws of the Indian tribe, in- cluding any Tribal criminal proceeding or in- vestigation of a crime. (10) Participating tribe The term ‘‘participating tribe’’ means an In- dian tribe that elects to exercise special Tribal criminal jurisdiction over the Indian country of that Indian tribe. (11) Protection order The term ‘‘protection order’’— (A) means any injunction, restraining order, or other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence against, contact or communication with, or physical proximity to, another person; and (B) includes any temporary or final order issued by a civil or criminal court, whether obtained by filing an independent action or as a pendent lite order in another pro- ceeding, if the civil or criminal order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection. (12) Sex trafficking The term ‘‘sex trafficking’’ means conduct within the meaning of section 1591(a) of title 18. (13) Sexual violence The term ‘‘sexual violence’’ means any non- consensual sexual act or contact proscribed by the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs, including in any case in which the victim lacks the capacity to con- sent to the act. (14) Special Tribal criminal jurisdiction The term ‘‘special Tribal criminal jurisdic- tion’’ means the criminal jurisdiction that a participating tribe may exercise under this section but could not otherwise exercise. (15) Spouse or intimate partner The term ‘‘spouse or intimate partner’’ has the meaning given the term in section 2266 of title 18. (16) Stalking The term ‘‘stalking’’ means engaging in a course of conduct directed at a specific person proscribed by the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that would cause a reasonable person— (A) to fear for the person’s safety or the safety of others; or (B) to suffer substantial emotional dis- tress. (17) Violation of a protection order The term ‘‘violation of a protection order’’ means an act that— (A) occurs in the Indian country of a par- ticipating tribe; and (B) violates a provision of a protection order that— (i) prohibits or provides protection against violent or threatening acts or har- assment against, sexual violence against, contact or communication with, or phys- ical 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. (b) Nature of the criminal jurisdiction (1) In general Notwithstanding any other provision of law, in addition to all powers of self-government recognized and affirmed by sections 1301 and 1303 of this title, the powers of self-govern- ment of a participating tribe, including any participating tribes in the State of Maine, in- clude the inherent power of that tribe, which is hereby recognized and affirmed, to exercise special Tribal criminal jurisdiction over all persons. (2) Concurrent jurisdiction The exercise of special Tribal criminal juris- diction by a participating tribe shall be con- current with the jurisdiction of the United States, of a State, or of both. (3) Applicability Nothing in this section— (A) creates or eliminates any Federal or State criminal jurisdiction over Indian country; or (B) affects the authority of the United States or any State government that has Page 215 TITLE 25—INDIANS § 1304 been delegated authority by the United States to investigate and prosecute a crimi- nal violation in Indian country. (4) Exception if victim and defendant are both non-Indians (A) In general A participating tribe may not exercise spe- cial Tribal criminal jurisdiction over an al- leged offense, other than obstruction of jus- tice or assault of Tribal justice personnel, if neither the defendant nor the alleged victim is an Indian. (B) Definition of victim In this paragraph and with respect to a criminal proceeding in which a participating tribe exercises special Tribal criminal juris- diction based on a violation of a protection order, the term ‘‘victim’’ means a person specifically protected by a protection order that the defendant allegedly violated. (c) Criminal conduct A participating tribe may exercise special Tribal criminal jurisdiction over a defendant for a covered crime that occurs in the Indian coun- try of the participating tribe. (d) Rights of defendants In a criminal proceeding in which a partici- pating tribe exercises special Tribal criminal ju- risdiction, the participating tribe shall provide to the defendant— (1) all applicable rights under this Act; (2) if a term of imprisonment of any length may be imposed, all rights described in section 1302(c) of this title; (3) the right to a trial by an impartial jury that is drawn from sources that— (A) reflect a fair cross section of the com- munity; and (B) do not systematically exclude any dis- tinctive group in the community, including non-Indians; and (4) all other rights whose protection is nec- essary under the Constitution of the United States in order for Congress to recognize and affirm the inherent power of the participating tribe to exercise special Tribal criminal juris- diction over the defendant. (e) Petitions to stay detention (1) In general A person who has filed a petition for a writ of habeas corpus in a court of the United States under section 1303 of this title may pe- tition that court to stay further detention of that person by the participating tribe. (2) Grant of stay A court shall grant a stay described in para- graph (1) if the court— (A) finds that there is a substantial likeli- hood that the habeas corpus petition will be granted; and (B) after giving each alleged victim in the matter an opportunity to be heard, finds by clear and convincing evidence that under conditions imposed by the court, the peti- tioner is not likely to flee or pose a danger to any person or the community if released. (f) Petitions for writs of habeas corpus (1) In general After a defendant has been sentenced by a participating tribe, the defendant may file a petition for a writ of habeas corpus in a court of the United States under section 1303 of this title. (2) Requirement An application for a writ of habeas corpus on behalf of a person in custody pursuant to an order of a Tribal court shall not be granted un- less — (A) the applicant has exhausted the rem- edies available in the Tribal court system; (B) there is an absence of an available Tribal corrective process; or (C) circumstances exist that render the Tribal corrective process ineffective to pro- tect the rights of the applicant. (g) Notice; habeas corpus petitions A participating tribe that has ordered the de- tention of any person has a duty to timely no- tify in writing such person of their rights and privileges under this section and under section 1303 of this title. (h) Reimbursement and grants to Tribal govern- ments (1) Reimbursement (A) In general The Attorney General may reimburse Tribal government authorities (or an au- thorized designee of a Tribal government) for expenses incurred in exercising special Tribal criminal jurisdiction. (B) Eligible expenses Eligible expenses for reimbursement under subparagraph (A) shall include expenses and costs incurred in, relating to, or associated with— (i) investigating, making arrests relating to, making apprehensions for, or pros- ecuting covered crimes (including costs in- volving the purchasing, collecting, and processing of sexual assault forensic mate- rials); (ii) detaining, providing supervision of, or providing services for persons charged with covered crimes (including costs asso- ciated 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 pro- viding treatment, rehabilitation, or re- entry services for 1 or more persons charged with 1 or more covered crimes. (C) Procedure (i) In general Reimbursements authorized under sub- paragraph (A) shall be in accordance with rules promulgated by the Attorney Gen- eral, after consultation with Indian tribes, and within 1 year after March 15, 2022. (ii) Maximum reimbursement The rules promulgated by the Attorney General under clause (i)— Page 216 TITLE 25—INDIANS § 1304 (I) shall set a maximum allowable re- imbursement to any Tribal government (or an 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 au- thorized designee of a Tribal govern- ment) may seek a waiver to the max- imum allowable reimbursement re- quirement established under subclause (I); and (bb) to waive the maximum allow- able reimbursement requirements es- tablished 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 govern- ment (or authorized designee); or (bb) notify the Tribal government (or authorized designee) of the reason by which the Attorney General was un- able 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 gov- ernment) reaches the annual maximum allowable reimbursement for the Tribal government (or an 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 reim- bursement. (D) Eligibility for participating tribes in Alaska A Tribal government (or an authorized designee of a Tribal Government) of an In- dian tribe designated as a participating Tribe under subtitle B of title VIII of the Vi- olence Against Women Act Reauthorization Act of 2022 shall be eligible for reimburse- ment, in accordance with this paragraph, of expenses incurred in exercising special Trib- al criminal jurisdiction under that subtitle. (2) Grants The Attorney General may award grants to Tribal governments (or authorized designees of Tribal governments), including a Tribal government (or an authorized designee of a Tribal government) of an Indian tribe des- ignated as a participating Tribe under subtitle B of title VIII of the Violence Against Women Act Reauthorization Act of 2022— (A) to strengthen Tribal criminal justice systems to assist Indian tribes in exercising special Tribal criminal jurisdiction, includ- ing for— (i) law enforcement (including the capac- ity 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 juris- diction of the Indian tribe, to enter infor- mation into and obtain information from national crime information databases); (ii) prosecution; (iii) trial and appellate courts (including facilities maintenance, renovation, and re- habilitation); (iv) supervision systems; (v) detention and corrections (including facilities maintenance, renovation, and re- habilitation); (vi) treatment, rehabilitation, and re- entry programs and services; (vii) culturally appropriate services and assistance for victims and their families; and (viii) criminal codes and rules of crimi- nal procedure, appellate procedure, and evidence; (B) to provide indigent criminal defend- ants with licensed defense counsel, at no cost to the defendant, in criminal pro- ceedings in which a participating tribe pros- ecutes covered crimes; (C) to ensure that, in criminal proceedings in which a participating tribe exercises spe- cial Tribal criminal jurisdiction, jurors are summoned, selected, and instructed in a manner consistent with all applicable re- quirements; 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 consistent with Tribal law and cus- tom. (i) Supplement, not supplant Amounts made available under this section shall supplement and not supplant any other Federal, State, or local government amounts made available to carry out activities described in this section. (j) Authorization of appropriations (1) In general There is authorized to be appropriated $25,000,000 for each of fiscal years 2023 through 2027— (A) to carry out subsection (h); and (B) to provide training, technical assist- ance, data collection, and evaluation of the criminal justice systems of participating tribes. (2) Limitations Of the total amount made available under paragraph (1) for each fiscal year, not more than 40 percent shall be used for reimburse- ments under subsection (h)(1). (Pub. L. 90–284, title II, § 204, as added Pub. L. 113–4, title IX, § 904, Mar. 7, 2013, 127 Stat. 120; amended Pub. L. 117–103, div. W, title VIII, § 804, Mar. 15, 2022, 136 Stat. 898.) Page 217 TITLE 25—INDIANS § 1304 Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (d)(1), probably means title II of Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 77, popu- larly known as the Indian Civil Rights Act of 1968, which is classified generally to this subchapter. Subtitle B of title VIII of the Violence Against Women Act Reauthorization Act of 2022, referred to in subsec. (h)(1)(D), (2), is subtitle B (§§ 811–813) of title VIII of div. W of Pub. L. 117–103, Mar. 15, 2022, 136 Stat. 904, which enacted section 1305 of this title and provi- sions set out as notes under section 1305 of this title. For complete classification of subtitle B to the Code, see Tables. AMENDMENTS 2022—Pub. L. 117–103, § 804(1), (2), substituted ‘‘covered crimes’’ for ‘‘crimes of domestic violence’’ in section catchline and, in text, substituted ‘‘special Tribal criminal jurisdiction’’ for ‘‘special domestic violence criminal jurisdiction’’ wherever appearing. Subsec. (a)(1) to (5). Pub. L. 117–103, § 804(3)(B), added pars. (1) to (5). Former pars. (1) to (5) redesignated (6) to (8), (10), and (11), respectively. Subsec. (a)(6). Pub. L. 117–103, § 804(3)(A), (C), redesig- nated par. (1) as (6) and substituted ‘‘any violation of the criminal law of the Indian tribe that has jurisdic- tion over the Indian country where the violation occurs that is committed’’ for ‘‘violence committed’’. Former par. (6) redesignated (14). Subsec. (a)(7). Pub. L. 117–103, § 804(3)(D), added par. (7) and struck out former par. (7). Prior to amendment, text defined the term ‘‘domestic violence’’. Pub. L. 117–103, § 804(3)(A), redesignated par. (2) as (7). Former par. (7) redesignated (15). Subsec. (a)(8). Pub. L. 117–103, § 804(3)(A), redesignated par. (3) as (8). Subsec. (a)(9). Pub. L. 117–103, § 804(3)(E), added par. (9). Subsec. (a)(10), (11). Pub. L. 117–103, § 804(3)(A), redes- ignated pars. (4) and (5) as (10) and (11), respectively. Subsec. (a)(12), (13). Pub. L. 117–103, § 804(3)(F), added pars. (12) and (13). Subsec. (a)(14). Pub. L. 117–103, § 804(3)(A), (G), redes- ignated par. (6) as (14) and substituted ‘‘Special tribal criminal jurisdiction’’ for ‘‘Special domestic violence criminal jurisdiction’’ in heading. Subsec. (a)(15). Pub. L. 117–103, § 804(3)(A), redesig- nated par. (7) as (15). Subsec. (a)(16), (17). Pub. L. 117–103, § 804(3)(H), added pars. (16) and (17). Subsec. (b)(1). Pub. L. 117–103, § 804(4), inserted ‘‘, including any participating tribes in the State of Maine,’’ after ‘‘the powers of self-government of a par- ticipating tribe’’. Subsec. (b)(4). Pub. L. 117–103, § 804(5), substituted ‘‘Exception if victim and defendant are both non-Indi- ans’’ for ‘‘Exceptions’’ in par. heading and ‘‘In general’’ for ‘‘Victim and defendant are both non-Indians’’ in subpar. (A) heading, struck out cl. (i) designation and heading before ‘‘A participating’’, inserted ‘‘, other than obstruction of justice or assault of Tribal justice personnel,’’ after ‘‘over an alleged offense’’, redesig- nated cl. (ii) of subpar. (A) as subpar. (B), substituted ‘‘paragraph’’ for ‘‘subparagraph’’, and struck out former subpar. (B) which related to defendant lacking ties to the Indian tribe. Subsec. (c). Pub. L. 117–103, § 804(6), added subsec. (c) and struck out former subsec. (c) which related to cat- egories of criminal conduct in which a participating tribe may exercise special domestic violence criminal jurisdiction over a defendant. Subsec. (e)(3). Pub. L. 117–103, § 804(7), struck out par. (3). Prior to amendment, text read as follows: ‘‘An In- dian tribe that has ordered the detention of any person has a duty to timely notify such person of his rights and privileges under this subsection and under section 1303 of this title.’’ Subsecs. (f) to (j). Pub. L. 117–103, § 804(8), added sub- secs. (f) to (j) and struck out former pars. (f) to (h), which related to grants to tribal governments, require- ment that amounts made available supplement not sup- plant other funding, and authorization of appropria- tions for fiscal years 2014 through 2018, respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade. EFFECTIVE DATES; PILOT PROJECT Pub. L. 113–4, title IX, § 908, Mar. 7, 2013, 127 Stat. 125, provided that: ‘‘(a) GENERAL EFFECTIVE DATE.—Except as provided in section 4 [18 U.S.C. 2261 note] and subsection (b) of this section, the amendments made by this title [see Tables for classification] shall take effect on the date of enactment of this Act [Mar. 7, 2013]. ‘‘(b) EFFECTIVE DATE FOR SPECIAL DOMESTIC-VIOLENCE CRIMINAL JURISDICTION.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), subsections (b) through (d) of section 204 of Public Law 90–284 [25 U.S.C. 1304(b)–(d)] (as added by section 904) shall take effect on the date that is 2 years after the date of enactment of this Act [Mar. 7, 2013]. ‘‘(2) PILOT PROJECT.— ‘‘(A) IN GENERAL.—At any time during the 2-year period beginning on the date of enactment of this Act, an Indian tribe may ask the Attorney General to designate the tribe as a participating tribe under section 204(a) of Public Law 90–284 [25 U.S.C. 1304(a)] on an accelerated basis. ‘‘(B) PROCEDURE.—The Attorney General may grant a request under subparagraph (A) after co- ordinating with the Secretary of the Interior, con- sulting with affected Indian tribes, and concluding that the criminal justice system of the requesting tribe has adequate safeguards in place to protect defendants’ rights, consistent with section 204 of Public Law 90–284 [25 U.S.C. 1304]. ‘‘(C) EFFECTIVE DATES FOR PILOT PROJECTS.—An Indian tribe designated as a participating tribe under this paragraph may commence exercising special domestic violence criminal jurisdiction pur- suant to subsections (b) through (d) of section 204 of Public Law 90–284 on a date established by the At- torney General, after consultation with that Indian tribe, but in no event later than the date that is 2 years after the date of enactment of this Act.’’ FINDINGS AND PURPOSES Pub. L. 117–103, div. W, title VIII, § 801, Mar. 15, 2022, 136 Stat. 895, provided that: ‘‘(a) FINDINGS.—Congress finds that— ‘‘(1) American Indians and Alaska Natives are— ‘‘(A) 2.5 times as likely to experience violent crimes; and ‘‘(B) at least 2 times more likely to experience rape or sexual assault crimes; ‘‘(2) more than 4 in 5 American Indian and Alaska Native women have experienced violence in their life- time; ‘‘(3) the vast majority of American Indian and Alas- ka Native victims of violence—96 percent of women victims and 89 percent of male victims—have experi- enced sexual violence by a non-Indian perpetrator at least once in their lifetime; ‘‘(4) Indian Tribes exercising special domestic vio- lence criminal jurisdiction over non-Indians pursuant to section 204 of Public Law 90–284 (25 U.S.C. 1304) (commonly known as the ‘Indian Civil Rights Act of 1968’), restored by section 904 of the Violence Against Women Reauthorization Act of 2013 (Public Law Page 218 TITLE 25—INDIANS § 1305 113–4; 127 Stat. 120), have reported significant success holding violent offenders accountable for crimes of domestic violence, dating violence, and civil protec- tion order violations; ‘‘(5) Tribal prosecutors for Indian Tribes exercising special domestic violence criminal jurisdiction report that the majority of domestic violence cases involve children either as witnesses or victims, and the De- partment of Justice reports that American Indian and Alaska Native children suffer exposure to vio- lence at one of the highest rates in the United States; ‘‘(6) childhood exposure to violence can have imme- diate and long-term effects, including increased rates of altered neurological development, poor physical and mental health, poor school performance, sub- stance abuse, and overrepresentation in the juvenile justice system; ‘‘(7) according to the Centers for Disease Control and Prevention, homicide is— ‘‘(A) the third leading cause of death among American Indian and Alaska Native women be- tween 10 and 24 years of age; and ‘‘(B) the fifth leading cause of death for American Indian and Alaska Native women between 25 and 34 years of age; ‘‘(8) in some areas of the United States, Native American women are murdered at rates more than 10 times the national average; ‘‘(9) according to a 2017 report by the Department of Justice, 66 percent of criminal prosecutions for crimes in Indian country that United States Attor- neys declined to prosecute involved assault, murder, or sexual assault; ‘‘(10) investigation into cases of missing or mur- dered Indigenous women is made difficult for Tribal law enforcement agencies due to a lack of resources, including a lack of— ‘‘(A) necessary personnel, training, equipment, or funding; ‘‘(B) interagency cooperation; ‘‘(C) appropriate laws in place; and ‘‘(D) access to Federal law enforcement data- bases; ‘‘(11) domestic violence calls are among the most dangerous calls that law enforcement receives; ‘‘(12) the complicated jurisdictional scheme that ex- ists in Indian country— ‘‘(A) has a significant impact on public safety in Indian communities; ‘‘(B) according to Tribal justice officials, has been increasingly exploited by criminals; and ‘‘(C) requires a high degree of commitment and cooperation among Tribal, Federal, and State law enforcement officials; ‘‘(13) restoring and enhancing Tribal capacity to ad- dress violence against women provides for greater local control, safety, accountability, and trans- parency; ‘‘(14) Indian Tribes with restrictive settlement Acts, such as Indian Tribes in the State of Maine, and Indian Tribes located in States with concurrent au- thority to prosecute crimes in Indian country under the amendments made by the Act of August 15, 1953 (67 Stat. 590, chapter 506), face unique public safety challenges; and ‘‘(15) Native Hawaiians experience a disproportion- ately high rate of human trafficking, with 64 percent of human trafficking victims in the State of Hawai’i identifying as at least part Native Hawaiian. ‘‘(b) PURPOSES.—The purposes of this subtitle [sub- title A (§§ 801–804) of title VIII of div. W of Pub. L. 117–103, see Tables for classification] are— ‘‘(1) to clarify the responsibilities of Federal, State, Tribal, and local law enforcement agencies with re- spect to responding to cases of domestic violence, dating violence, stalking, sex trafficking, sexual vio- lence, crimes against children, and assault against Tribal law enforcement officers; ‘‘(2) to increase coordination and communication among Federal, State, Tribal, and local law enforce- ment agencies; ‘‘(3) to empower Tribal governments and Native American communities, including urban Indian com- munities and Native Hawaiian communities, with the resources and information necessary to effectively re- spond to cases of domestic violence, dating violence, stalking, sex trafficking, sexual violence, and missing or murdered Native Americans; and ‘‘(4) to increase the collection of data related to missing or murdered Native Americans and the shar- ing of information among Federal, State, Tribal, and local officials responsible for responding to and inves- tigating crimes impacting Indian Tribes and Native American communities, including urban Indian com- munities and Native Hawaiian communities, espe- cially crimes relating to cases of missing or murdered Native Americans.’’ [For definitions of terms used in section 801 of div. W of Pub. L. 117–103, set out above, see section 12291 of Title 34, Crime Control and Law Enforcement, as made applicable by section 2(b) of div. W of Pub. L. 117–103, which is set out as a note under section 12291 of Title 34]. § 1305. Tribal jurisdiction in Alaska (a) In general Subject to title II of Public Law 90–284 (25 U.S.C. 1301 et seq.) (commonly known as the ‘‘In- dian Civil Rights Act of 1968’’), Congress recog- nizes and affirms the inherent authority of any Indian tribe occupying a Village in the State to exercise criminal and civil jurisdiction over all Indians present in the Village. (b) Tribal civil jurisdiction to enforce protection orders (1) In general A court of any Indian tribe in the State shall have full civil jurisdiction to issue and enforce protection orders involving any person in mat- ters— (A) arising within the Village of the Indian tribe; or (B) otherwise within the authority of the Indian tribe. (2) Inclusions The full civil jurisdiction to issue and en- force protection orders under paragraph (1) in- cludes the authority to enforce protection or- ders through— (A) civil contempt proceedings; (B) exclusion of violators from the Village of the Indian tribe; and (C) other appropriate mechanisms. (c) Special Tribal criminal jurisdiction (1) In general Notwithstanding any other provision of law, in addition to all powers of self-government recognized and affirmed under subsection (a), the powers of self-government of a partici- pating Tribe include the inherent power of the participating Tribe, which is hereby recog- nized and affirmed, to exercise special Tribal criminal jurisdiction over a defendant for a covered crime that occurs in the Village of the participating Tribe. (2) Concurrent jurisdiction The exercise of special Tribal criminal juris- diction by a participating Tribe shall be con- current with the jurisdiction of the United States, the State, or both.