[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1984 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1984

   To prevent Indian tribes and tribal organizations that cultivate, 
  manufacture, or distribute marijuana on Indian land from receiving 
                             Federal funds.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 5, 2015

 Mr. Lankford introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
   To prevent Indian tribes and tribal organizations that cultivate, 
  manufacture, or distribute marijuana on Indian land from receiving 
                             Federal funds.

    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 ``Keeping out Illegal Drugs Act of 
2015'' or ``KIDs Act of 2015''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the fiduciary responsibility of the United States to 
        Indians includes protecting future generations of Indians from 
        the harmful effects of illegal drugs;
            (2) testimony at numerous congressional hearings has 
        established that rampant drug abuse on Indian lands has had an 
        especially destructive impact on the lives and families of all 
        Native Americans, including Native Americans who do not use 
        drugs;
            (3) the report entitled ``Rates of Substance Use of 
        American Indian Students in 8th, 10th, and 12th Grades Living 
        on or Near Reservations: Update, 2009-2012'', published by 
        Public Health Reports with funds from the National Institute on 
        Drug Abuse of the National Institutes of Health, indicates that 
        56.2 percent of eighth grade Native American children and 61.4 
        percent of tenth grade Native American children who attend 
        school on Indian lands had used marijuana, as compared to the 
        national average of 16.4 percent and 33.4 percent, 
        respectively;
            (4) according to the Office of Juvenile Justice and 
        Delinquency Prevention, individuals who begin using an illegal 
        drug at a young age are far more likely than individuals who do 
        not begin using an illegal drug at a young age--
                    (A) to use other drugs;
                    (B) to be incarcerated; and
                    (C) to have a lower quality of life;
            (5) according to the Substance Abuse and Mental Health 
        Services Administration, American Indians and Alaska Natives 
        experience some of the highest rates of substance use, as 
        compared to other racial and ethnic groups in the United 
        States;
            (6) the National Institutes of Health have shown that 
        marijuana use--
                    (A) may cause permanent developmental damage to the 
                brain; and
                    (B) is linked to poor educational outcomes;
            (7) the higher incidence of illegal drug use in Indian 
        country, as compared to the rest of the United States, has 
        directly contributed to higher levels of poverty and crime and 
        a lower life expectancy in Indian country;
            (8) according to the Substance Abuse and Mental Health 
        Services Administration, in 2010, American Indians and Alaska 
        Natives had a 17.1 percent rate of drug-induced death, the 
        highest rate among other racial and ethnic groups in the United 
        States;
            (9) according to the Centers for Disease Control and 
        Prevention report entitled ``CDC Health Disparities and 
        Inequalities Report-United States, 2013'', from 1999-2010, 
        American Indians and Alaska Natives aged between 30 and 40 
        years experienced the highest drug-induced death rate, as 
        compared to other racial and ethnic groups in the United 
        States; and
            (10) Federal law already prohibits the production, 
        cultivation, manufacture, and distribution of marijuana.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Indian lands.--The term ``Indian lands'' has the 
        meaning given the term in section 3 of the Native American 
        Business Development, Trade Promotion, and Tourism Act of 2000 
        (25 U.S.C. 4302).
            (2) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (3) Tribal organization.--The term ``tribal organization'' 
        has the meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).

SEC. 4. PROHIBITION.

    Notwithstanding any other provision of law, it is unlawful for an 
Indian tribe or a tribal organization--
            (1) to knowingly or intentionally cultivate, manufacture, 
        or distribute marijuana on Indian lands;
            (2) to knowingly or intentionally allow the cultivation, 
        manufacture, or distribution of marijuana on Indian lands; or
            (3) on discovery by the Indian tribe or tribal organization 
        that an individual or entity on Indian lands subject to the 
        jurisdiction of the Indian tribe or tribal organization is 
        cultivating, manufacturing, or distributing marijuana on Indian 
        lands--
                    (A) as applicable, to fail to prosecute, or notify 
                the appropriate Federal official regarding that 
                individual or entity; and
                    (B) to fail to destroy the relevant marijuana crop 
                in accordance with applicable Federal law.

SEC. 5. PENALTY.

    (a) In General.--No funds authorized or appropriated by Federal law 
shall be made available for any purpose to an Indian tribe or a tribal 
organization if the Indian tribe or tribal organization is determined 
to have violated section 4 during the period--
            (1) beginning on the date on which the Indian tribe or 
        tribal organization violates section 4; and
            (2) ending on the date on which the Indian tribe or tribal 
        organization has remedied the violation and achieved compliance 
        with this Act, as determined by the Attorney General of the 
        United States.
    (b) Return of Funds Required.--
            (1) In general.--An Indian tribe or tribal organization in 
        violation of section 4 shall return to the relevant Federal 
        agency any funds received during a period in which the Indian 
        tribe or tribal organization is in violation of this Act.
            (2) No return of refunded funds.--Funds returned to a 
        Federal agency under paragraph (1) shall not be returned to the 
        Indian tribe or tribal organization upon compliance with this 
        Act.
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