[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2785 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
                                S. 2785

To protect Native children and promote public safety in Indian country.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 12, 2016

Mr. Tester (for himself and Mr. Franken) 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 ``Tribal Youth and Community 
Protection Act of 2016''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) children in Indian country should be protected from 
        violence;
            (2) tribal communities should be able to protect themselves 
        from offenders bringing illegal drugs onto Indian reservations;
            (3) violence against children and crime associated with 
        illegal drugs 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;
            (4) Congress established the Indian Law and Order 
        Commission to advise the Federal Government on how to improve 
        criminal justice in Indian country;
            (5) the Indian Law and Order Commission issued a report 
        entitled ``A Roadmap for Making Native America Safer''--
                    (A) which recommends the restoration of the 
                inherent authority of tribal courts; and
                    (B) on which the Committee on Indian Affairs of the 
                Senate, on February 12, 2014, held an oversight hearing 
                and received testimony; and
            (6) recognition of the inherent authority of Indian tribes 
        to protect Native children from violence, and tribal 
        communities from illegal drugs, will reduce instances of trauma 
        experienced by Indians.

SEC. 3. EXTENSION OF AUTHORIZATIONS.

    (a) Indian Alcohol and Substance Abuse Prevention and Treatment 
Grants.--Section 4206 of the Indian Alcohol and Substance Abuse 
Prevention and Treatment Act of 1986 (25 U.S.C. 2412) is amended--
            (1) by striking ``appropriate,,'' each place it appears and 
        inserting ``appropriate,'';
            (2) in subsection (c)(1)(A)(iv), by striking ``Indians as 
        provided under section 4228, and'' and inserting ``Indians; 
        and'';
            (3) in subsection (d)(2), by striking ``2011 through 2015'' 
        and inserting ``2016 through 2020''; and
            (4) in subsection (f)(3), by striking ``2011 through 2015'' 
        and inserting ``2016 through 2020''.
    (b) Bureau of Indian Affairs Law Enforcement and Judicial 
Training.--Section 4218(b) of the Indian Alcohol and Substance Abuse 
Prevention and Treatment Act of 1986 (25 U.S.C. 2451(b)) is amended by 
striking ``2011 through 2015'' and inserting ``2016 through 2020''.

SEC. 4. PROTECTION OF NATIVE CHILDREN AND TRIBAL COMMUNITIES.

    Section 204 of Public Law 90-284 (25 U.S.C. 1304) is amended--
            (1) in the section heading, by striking ``violence'' and 
        inserting ``and child violence and drug offenses'';
            (2) in subsection (a)--
                    (A) in paragraph (1), by striking ``means 
                violence'' and inserting ``includes felony or 
                misdemeanor violations of the criminal law of the 
                Indian tribe that has jurisdiction over the Indian 
                country where the violations occur that are'';
                    (B) in paragraph (2)--
                            (i) by striking ``means violence'' and 
                        inserting ``includes felony or misdemeanor 
                        violations of the criminal law of the Indian 
                        tribe that has jurisdiction over the Indian 
                        country where the violations occur that are''; 
                        and
                            (ii) by striking ``an Indian tribe that has 
                        jurisdiction over the Indian country where the 
                        violence occurs'' and inserting ``the Indian 
                        tribe'';
                    (C) in paragraph (4), by striking ``domestic 
                violence'' and inserting ``tribal'';
                    (D) in paragraph (6)--
                            (i) in the paragraph heading, by striking 
                        ``domestic violence'' and inserting ``tribal''; 
                        and
                            (ii) by striking ``domestic violence'' and 
                        inserting ``tribal'';
                    (E) by redesignating--
                            (i) paragraphs (3) through (7) as 
                        paragraphs (7) through (11), respectively; and
                            (ii) paragraphs (1) and (2) as paragraphs 
                        (4) and (5), respectively;
                    (F) by inserting before paragraph (4) (as so 
                redesignated) the following:
            ``(1) Caregiver.--The term `caregiver' means--
                    ``(A) the parent, guardian, or legal custodian of 
                the child;
                    ``(B) any relative of the child, including a 
                parent, grandparent, great-grandparent, stepparent, 
                brother, sister, stepbrother, stepsister, half-brother, 
                or half-sister;
                    ``(C) a person who resides or has resided regularly 
                or intermittently in the same dwelling as the child;
                    ``(D) a person who provides or has provided care 
                for the child in or out of the home of the child;
                    ``(E) any person who exercises or has exercised 
                temporary or permanent control over the child; or
                    ``(F) any person who temporarily or permanently 
                supervises or has supervised the child.
            ``(2) Child.--The term `child' means a person who has not 
        attained the lesser of--
                    ``(A) the age of 18; or
                    ``(B) except in the case of sexual abuse, the age 
                specified by the child protection law of the 
                participating tribe that has jurisdiction over the 
                Indian country where the child resides.
            ``(3) Child violence.--The term `child violence' includes 
        felony or misdemeanor violations of the criminal law of the 
        Indian tribe that has jurisdiction over the Indian country 
        where the violations occur that are committed against a child 
        by a caregiver or a person that would be subject to special 
        tribal criminal jurisdiction if the crime was committed against 
        the parent, legal custodian, or guardian of the child under the 
        child protection, domestic, or family violence law of the 
        Indian tribe.'';
                    (G) by inserting before paragraph (7) (as so 
                redesignated) the following:
            ``(6) Drug offense.--The term `drug offense' includes drug-
        related felony or misdemeanor violations of the criminal law of 
        the Indian tribe that has jurisdiction over the Indian country 
        where the violations occur.''; and
                    (H) by adding at the end the following:
            ``(12) Related conduct.--The term `related conduct' means 
        conduct committed by the defendant that occurs in connection 
        with the exercise of special tribal criminal jurisdiction that 
        is a violation of the criminal laws or contempt authority of 
        the tribal court of the Indian tribe that has jurisdiction over 
        the Indian country where the underlying offense occurred.'';
            (3) in subsection (b)--
                    (A) by striking ``domestic violence'' each place it 
                appears and inserting ``tribal''; and
                    (B) in paragraph (4)--
                            (i) in subparagraph (A)(i) (as so amended), 
                        by inserting ``(other than a drug offense)'' 
                        before ``if neither''; and
                            (ii) in subparagraph (B)--
                                    (I) in the matter preceding clause 
                                (i) (as so amended), by inserting ``for 
                                a crime of domestic violence or dating 
                                violence or a violation of a protection 
                                order'' before ``only if''; and
                                    (II) in clause (iii), by striking 
                                ``, or dating partner'' and inserting 
                                ``, dating partner, or caregiver'';
            (4) in subsection (c)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``domestic violence'' and inserting 
                ``tribal'';
                    (B) in paragraph (1)--
                            (i) in the paragraph heading, by striking 
                        ``and dating violence'' and inserting ``, 
                        dating violence, and child violence''; and
                            (ii) by striking ``or dating violence'' and 
                        inserting ``, dating violence, or child 
                        violence''; and
                    (C) by adding at the end the following:
            ``(3) Related conduct.--An act of related conduct that 
        occurs in the Indian country of the participating tribe.
            ``(4) Drug offenses.--A drug offense that occurs in the 
        Indian country of the participating tribe.'';
            (5) in subsection (d), by striking ``domestic violence'' 
        each place it appears and inserting ``tribal'';
            (6) in subsection (f)--
                    (A) by striking ``special domestic violence'' each 
                place it appears and inserting ``special tribal'';
                    (B) in paragraph (2), by striking ``prosecutes'' 
                and all that follows through the semicolon at the end 
                and inserting the following: ``prosecutes--
                    ``(A) a crime of domestic violence;
                    ``(B) a crime of dating violence;
                    ``(C) a crime of child violence;
                    ``(D) a drug offense;
                    ``(E) a criminal violation of a protection order; 
                or
                    ``(F) a crime of related conduct;''; and
                    (C) in paragraph (4), by inserting ``child 
                violence, related conduct,'' after ``dating 
                violence,''; and
            (7) in subsection (h)--
                    (A) by striking ``$5,000,000'' and inserting 
                ``$10,000,000''; and
                    (B) by striking ``2014 through 2018'' and inserting 
                ``2016 through 2020''.

SEC. 5. REPORT.

    Not later than 4 years after the date of enactment of this Act, the 
Assistant Secretary for Indian Affairs shall submit to the Committee on 
Indian Affairs of the Senate and the Committee on Natural Resources of 
the House of Representatives a report describing the degree of 
effectiveness of Federal programs that are intended to build the 
capacity of criminal justice systems of Indian tribes to investigate 
and prosecute offenses relating to illegal drugs.
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