[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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