Tribal Youth and Community Protection Act of 2016

To protect Native children and promote public safety in Indian country. 1. Short title This Act may be cited as the Tribal Youth and Community Protection Act of 2016 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. 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 (1) by striking appropriate,, appropriate, (2) in subsection (c)(1)(A)(iv), by striking Indians as provided under section 4228, and Indians; and (3) in subsection (d)(2), by striking 2011 through 2015 2016 through 2020 (4) in subsection (f)(3), by striking 2011 through 2015 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) 2011 through 2015 2016 through 2020 4. Protection of Native children and tribal communities Section 204 of Public Law 90–284 25 U.S.C. 1304 (1) in the section heading, by striking violence and child violence and drug offenses (2) in subsection (a)— (A) in paragraph (1), by striking means 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 (B) in paragraph (2)— (i) by striking means 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 (ii) by striking an Indian tribe that has jurisdiction over the Indian country where the violence occurs the Indian tribe (C) in paragraph (4), by striking domestic violence tribal (D) in paragraph (6)— (i) in the paragraph heading, by striking domestic violence tribal (ii) by striking domestic violence 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 (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 (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 ; (G) by inserting before paragraph (7) (as so redesignated) the following: (6) Drug offense The term drug offense ; and (H) by adding at the end the following: (12) Related conduct The term related conduct ; (3) in subsection (b)— (A) by striking domestic violence tribal (B) in paragraph (4)— (i) in subparagraph (A)(i) (as so amended), by inserting (other than a drug offense) if neither (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 only if (II) in clause (iii), by striking , or dating partner , dating partner, or caregiver (4) in subsection (c)— (A) in the matter preceding paragraph (1), by striking domestic violence tribal (B) in paragraph (1)— (i) in the paragraph heading, by striking and dating violence , dating violence, and child violence (ii) by striking or dating violence , dating violence, or child violence (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 tribal (6) in subsection (f)— (A) by striking special domestic violence special tribal (B) in paragraph (2), by striking 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, dating violence, (7) in subsection (h)— (A) by striking $5,000,000 $10,000,000 (B) by striking 2014 through 2018 2016 through 2020 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.

Summary: Tribal Youth and Community Protection Act of 2016 This bill reauthorizes through FY2020, and revises, provisions of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 and other laws that: (1) support efforts to combat alcohol and substance abuse among tribal members, and (2) authorize the Department of Justice to award grants to enhance the criminal justice systems of tribal governments. The bill also expands and modifies tribal jurisdiction over certain crimes.