[Congressional Record Volume 157, Number 85 (Tuesday, June 14, 2011)]
[Senate]
[Pages S3773-S3776]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BEGICH:
  S. 1192. A bill to supplement State jurisdiction in Alaska Native 
villages with Federal and tribal resources to improve the quality of 
life in rural Alaska while reducing domestic violence against Native 
women and children and to reduce alcohol and drug abuse and for other 
purposes; to the Committee on Indian Affairs.
  Mr. BEGICH. Mr. President, today I introduce legislation to address 
issues of great concern to me and to all who care about public safety 
in Alaska Native villages.
  Last year President Obama signed the Tribal Law and Order bill into 
law. That legislation passed because Congress recognized the great need 
to provide more support for the criminal justice system and communities 
in Indian Country. While this law has some important provisions that 
will benefit Alaska Native communities, I believe the remoteness and 
other unique conditions in many Native villages in my State compel us 
to do more. That is why I am introducing the Alaska Safe Families and 
Villages Act of 2011.
  My bill will establish a demonstration project allowing Alaska Native 
tribes to set up tribal courts, establish tribal ordinances, and impose 
sanctions on those people who violate the ordinances. It would enhance 
current tribal

[[Page S3774]]

authority, while maintaining the State's primary role and 
responsibility in criminal matters. Additionally, those communities 
selected to be part of the demonstration project would be eligible for 
an Alaska Village Peace Officer grant, enabling a Peace Officer to 
serve participating communities in a holistic manner.
  Due to the vastness of Alaska, too many of our small remote villages 
lack any law enforcement. Too often, minor cases involving alcohol and 
domestic abuse go unreported because the nearest State Trooper resides 
in a distant hub community, located a long and expensive airplane ride 
away. Frequently, harsh weather prevents the Troopers from flying into 
a community even when the most heinous acts have occurred. 
Approximately 71 villages have a sole, unarmed Village Patrol Safety 
Officer, VPSO, who must be on duty 24 hours a day and 7 days a week. 
Compounding the challenges of a small number of local law enforcement, 
these few hard-working VPSOs are often underpaid. While communities try 
to provide some housing and heating assistance, in places where fuel 
oil can cost as much as $10 a gallon, it can be difficult to retain 
qualified VPSOs and also sustain the funding for these public servants.
  As one who believes whole-heartedly in community involvement, I 
strongly believe tribes in Alaska should benefit from true self-
determination and have a role in their law enforcement needs. This 
local control not only provides security for communities, but also 
encourages local acceptance of the established or existing judicial 
system as a whole. With the changes in place that my bill would 
require, residents of Alaska Native villages will see a culturally-
relevant system replacing a crisis-management system that is set in 
place after a tragedy has occurred.
  Unfortunately, Alaska Native communities have grown all too familiar 
with alarming suicide rates. In the Yukon-Kuskokwim Delta, over a two-
month period during the summer of 2010, there were at least nine self-
inflicted deaths in several of the region's villages. Nick Tucker, an 
elder in the village of Emmonak, wrote a letter to the State of 
Alaska's rural affairs advisor to try to bring attention to the issue. 
Part of Mr. Tucker's letter begged for the Governor to call the 
Legislature into session to address the issue. He also said it is no 
longer acceptable for village residents to wait for State Troopers 
because ``in the villages, they take forever.''
  Part of the disturbing cycle of suicide in rural Alaska can be 
attributed to the presence of drugs and alcohol. Despite the knowledge 
that an individual can speak with an elder and learn who is bootlegging 
alcohol or selling drugs, predators do not fear law enforcement 
intervention because there is no consistent police or State Trooper 
presence.
  Further, despite many Alaska Native communities' wealth of cultural 
heritage and tradition, many suffer from economic, cultural, and 
educational depression. Villages often experience high unemployment 
rates, above 20 percent, due to their remoteness and lack of economic 
opportunity. Most economic development in Alaska is centered in either 
the metropolitan areas, or in very remote areas where local residents 
are able to develop local resources. This economic depression, coupled 
with the 10,000-year practice of subsistence, means Alaska Natives' 
physical and spiritual survival remains highly dependent on the land. 
They subsist on game, berries, and fish. However, as hunting and 
fishing stocks dwindle, many of these Alaskans are feeling disconnected 
from their heritage and, at times, have turned to drugs and alcohol. 
Though educational attainment in the last 40 years has increased 
dramatically, the dropout rate in Alaska still hovers at 40 percent. 
Too many of our young men and women have lost hope and are losing a 
sense of community.
  We must give our Nation's communities the tools necessary to protect 
themselves. Too often, we pour resources into urban areas, but decry 
lack of resources when we try to work toward innovative solutions for 
our most remote communities. We should no longer allow the answer from 
anyone to be ``we don't have the resources.'' Alaska Native villages 
are vibrant, strong communities and we should do everything in our 
power to answer their calls for help. I am hoping the Alaska Safe 
Families and Villages Act of 2011 will be just one piece of the puzzle.
  I encourage my colleagues to join me on this legislation, and ask for 
the full Senate to consider and pass it--providing much-needed help and 
resources to some of our country's neediest places.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1192

       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 ``Alaska Safe Families and 
     Villages Act of 2011''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) while the State of Alaska and numerous Alaska 
     organizations have struggled for years to address crime and 
     substance abuse problems in Alaska, Native Villages continue 
     to suffer from disproportionally high rates of illicit drug 
     use, alcohol abuse, suicide, and domestic violence;
       (2) the suicide rate in Alaska Native villages is 6 times 
     the national average, and the alcohol-related mortality rate 
     is 3.5 times that of the general national population;
       (3) Alaska Native women suffer the highest rate of forcible 
     sexual assault in the United States, and an Alaska Native 
     woman is sexually assaulted every 18 hours;
       (4) according to the 2006 Initial Report and 
     Recommendations of the Alaska Rural Justice and Law 
     Enforcement Commission more than 95 percent of all crimes 
     committed in rural Alaska can be attributed to alcohol;
       (5) the cost of drug and alcohol abuse in Alaska is 
     estimated at $525,000,000 per year;
       (6) the State of Alaska's public safety system does not 
     effectively serve vast areas of the State in which many 
     remote Alaska Native villages are located, except in response 
     to serious crimes involving severe injury or death, which are 
     handled by Alaska State Troopers who are located in only a 
     small number of hub communities around the State;
       (7) extreme weather conditions often prevent or delay 
     travel into remote Alaska Native villages, forcing residents 
     to wait for several days for an Alaska State Trooper to 
     arrive and respond to these crimes, compared to a law 
     enforcement response time normally within minutes for 
     residents of urban communities;
       (8) in many rural Alaska Native villages, there is no local 
     law enforcement presence whatsoever;
       (9) to the extent there are resident law enforcement 
     officers in rural villages, they consist of Village Public 
     Safety Officers (VPSOs) through the State VPSO Program, and a 
     very limited number of other peace officers such as Village 
     Police Officers (VPOs), Tribal Police Officers (TPOs) and 
     Community Peace Officers (CPOs) who tend to have only minimal 
     training and experience;
       (10) the VPSO Program is not able to adequately serve all 
     remote Alaska Native villages because there is insufficient 
     funding or officers to address the urgent need for additional 
     law enforcement in these communities;
       (11) the number of VPSOs currently serving in Alaska is 
     approximately 71, yet there are about 200 remote villages in 
     Alaska, all of which could benefit from a law enforcement 
     presence;
       (12) studies have concluded that the lack of effective law 
     enforcement in Alaska Native villages contributes 
     significantly to increased crime, alcohol abuse, drug abuse, 
     domestic violence, and rates of suicide, poor educational 
     achievement, and a lack of economic development in those 
     communities;
       (13) law enforcement that is created and administered by 
     Indian tribes in Alaska will be more responsive to the need 
     for greater local control, local responsibility, and local 
     accountability in the administration of justice; and
       (14) it is necessary to invoke the plenary authority of 
     Congress over Indian affairs under section 8 of clause 3 of 
     Article I of the Constitution, in order to improve law 
     enforcement conditions in Alaska Native villages.
       (b) Purposes.--The purposes of this Act are--
       (1) to establish a demonstration project under which a 
     limited number of Indian tribes in Alaska Native villages 
     will exercise local law enforcement responsibilities to 
     combat alcohol and drug abuse and to enhance existing tribal 
     authority over domestic violence and child abuse and neglect;
       (2) to enhance coordination and communication among 
     Federal, State, tribal, and local law enforcement agencies; 
     and
       (3) to increase funding for, and therefore availability of, 
     local law enforcement.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Indian tribe.--The term ``Indian tribe'' means any 
     Indian tribe, band, nation, or other organized group or 
     community of Indians recognized as eligible for the services 
     provided to Indians by the Secretary because of their status 
     as Indians, including any Alaska Native village as defined in 
     section

[[Page S3775]]

     3(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 
     1602(c)).
       (2) Project.--The term ``Project'' means the Alaska Safe 
     Families and Villages Demonstration Project established by 
     section 4(a).
       (3) Project area.--The term ``Project Area'' means the 
     geographical area within which an Indian tribe proposes to 
     enforce the laws of the Indian tribe developed under the 
     Project, as determined by the tribal government of the 
     applicable Indian tribe and as approved by the Office of 
     Justice Programs upon a showing that the extension of 
     jurisdiction to such area is in the interest of justice.
       (4) Tribal court.--The term ``tribal court'' means any 
     court, council, or other mechanism sanctioned by an Indian 
     tribe for the adjudication of disputes, including the 
     violation of tribal laws, ordinances, or regulations.
       (5) 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. ALASKA SAFE FAMILIES AND VILLAGES DEMONSTRATION 
                   PROJECT.

       (a) Establishment of Project.--The Office of Justice 
     Programs of the Department of Justice shall carry out the 
     Alaska Safe Families and Villages Demonstration Project as 
     provided by this section.
       (b) Number of Tribes.--The Office of Justice Programs shall 
     select not more than 9 Indian tribes in Alaska to participate 
     in the Project in Alaska over a 3-year period, with not more 
     than 3 Indian tribes selected during each of fiscal years 
     2012, 2013, and 2014.
       (c) Duration of Project.--Each Indian tribe selected to 
     participate in the Project shall remain in the Project for a 
     period of 5 years.
       (d) Annual Report.--
       (1) In general.--On or before May 1 of each year, the 
     Attorney General shall provide to the Committee on Indian 
     Affairs of the Senate and the Committee on Natural Resources 
     of the House of Representatives a brief annual report 
     detailing activities undertaken under the Project and setting 
     forth an assessment of the Project, together with any 
     recommendations of the Attorney General for further action by 
     Congress.
       (2) Requirements.--Each report submitted under this 
     subsection shall be prepared--
       (A) in consultation with the governments of Indian tribes 
     in Alaska; and
       (B) after those governments and the State of Alaska have an 
     opportunity to comment on each report prior to the 
     finalization of the report.
       (e) Applications.--
       (1) Criteria.--To qualify to participate in the Project, an 
     Indian tribe in Alaska shall--
       (A) request participation by resolution or other official 
     action by the governing body of the Indian tribe;
       (B) have for the preceding 3 fiscal years no uncorrected 
     significant and material audit exceptions regarding any 
     Federal contracts or grants;
       (C) demonstrate to the Attorney General sufficient 
     governance capacity to conduct the Project, as evidenced by 
     the history of the Indian tribe in operating government 
     services, including public utilities, children's courts, law 
     enforcement, social service programs, or other activities;
       (D) demonstrate the ability to sustain the goals and 
     purposes of the Project after funding for the Project has 
     expired; and
       (E) meet such other criteria as the Attorney General may 
     promulgate, after providing for public notice.
       (2) Copy to the alaska ag.--Each Indian tribe shall send a 
     copy of its application submitted under this section to the 
     Attorney General of Alaska.
       (f) Tribal Reporting.--The Attorney General may by 
     regulation promulgate such minimum reporting requirements as 
     the Attorney General determines are reasonably necessary to 
     carry out this Act.
       (g) Public Comment.--All applications submitted pursuant to 
     subsection (e) shall be subject to public comment for a 
     period of not less than 30 days following publication of 
     notice in a newspaper or other publication of general 
     circulation in the vicinity of the Alaska Native village of 
     the Indian tribe requesting participation in the Project.
       (h) Planning Phase.--Each Indian tribe selected for 
     participation in the Project shall complete a planning phase 
     that includes--
       (1) internal governmental and organizational planning;
       (2) the development of written tribal law or ordinances 
     detailing the structure and procedures of the tribal court;
       (3) enforcement mechanisms; and
       (4) those aspects of drug or alcohol related matters that 
     the Indian tribe proposes to regulate.
       (i) Certification.--
       (1) In general.--Upon completion of the planning phase 
     under subsection (h), an Indian tribe shall provide to the 
     Office of Tribal Justice--
       (A) the constitution of the Indian tribe (or equivalent 
     organic documents showing the structure of the tribal 
     government and the placement and authority of the tribal 
     court within that structure);
       (B) the written tribal laws or ordinances of the Indian 
     tribe governing court procedures and the regulation and 
     enforcement of drugs, alcohol, and related matters;
       (C) a map depicting the Project Area of the Indian tribe; 
     and
       (D) such other information or materials as the Attorney 
     General may by public notice require.
       (2) Certification.--The Office of Tribal Justice shall 
     certify the completion of the planning phase under this 
     section.
       (3) Timing.--Certification under paragraph (2) may occur at 
     the time at which an Indian tribe applies for participation 
     in the Project if the Indian tribe demonstrates that the 
     Indian tribe has already met the requirements of the planning 
     phase.
       (j) Effect of Certification.--
       (1) In general.--Commencing 30 days after the certification 
     described in subsection (i) and except as provided in 
     paragraph (2), an Indian tribe participating in the Project 
     shall exercise jurisdiction, concurrent with the civil 
     jurisdiction of the State of Alaska under State law, over--
       (A) the drug, alcohol, or related matters described in 
     subsection (i) within the Project Area of the Indian tribe; 
     and
       (B) persons of Indian or Alaska Native descent or other 
     persons with consensual relationships with the Indian tribe 
     or a member of the Indian tribe.
       (2) Sanctions.--An Indian tribe participating in the 
     Project shall impose such sanctions as shall be determined by 
     the tribal court to be appropriate, consistent with the 
     Indian Civil Rights Act and tribal law, including such 
     measures as--
       (A) restorative justice;
       (B) community service;
       (C) fines;
       (D) forfeitures;
       (E) commitments for treatment;
       (F) restraining orders; and
       (G) emergency detentions.
       (3) Agreement required.--A person may not be incarcerated 
     by an Indian tribe participating in the Project except 
     pursuant to an agreement entered into under section 7.
       (4) Treatment of protective orders.--For purposes of this 
     subsection, the protective order of an Indian tribe 
     participating in the Project excluding any member or non-
     member from a community shall be considered a civil remedy.
       (5) Emergency circumstances.--Nothing in this subsection 
     shall prevent an Indian tribe participating in the Project 
     from acting in the following emergency circumstances:
       (A) A tribe may assume protective custody of a tribal 
     member or otherwise take action to prevent imminent harm to 
     self or others.
       (B) A tribe may take immediate, temporary protective 
     measures to address situations involving an imminent threat 
     of harm to self or others by a non-member.
       (k) Effect of Act.--Nothing in this Act--
       (1) limits, alters, or diminishes the civil or criminal 
     jurisdiction of the State of Alaska, or any subdivision of 
     that State, the United States, or any Indian tribe in Alaska, 
     including existing inherent and statutory authority of the 
     tribes over child protection, child custody, and domestic 
     violence;
       (2) confirms or denies that any area of Alaska does or does 
     not constitute Indian country;
       (3) diminishes the trust responsibility of the United 
     States to Indian tribes in Alaska, or abridges or diminishes 
     the sovereign immunity of any Indian tribe in Alaska;
       (4) alters the jurisdiction of the Metlakatla Indian 
     Community within the Annette Islands Reservation;
       (5) limits in any manner the eligibility of the State of 
     Alaska, any political subdivision of the State, or any Indian 
     tribe in Alaska, for any other Federal assistance under any 
     other law; or
       (6) shall be construed to alter the tribes' existing 
     jurisdictional authority over domestic violence under the 
     Violence Against Women Act.
       (l) Liability of State of Alaska.--The State of Alaska and 
     any political subdivision of the State shall not be liable 
     for any act or omission of an Indian tribe participating in 
     the Project, including acts or omissions undertaken pursuant 
     to an intergovernmental agreement entered into under section 
     7.
       (m) Contracts.--
       (1) In general.--Each Indian tribe participating in the 
     Project shall be eligible for a contract from the Office of 
     Justice Programs, in an amount not to exceed $250,000 per 
     year, for use in defraying costs associated with the Project, 
     including costs relating to--
       (A) tribal court operations and personnel;
       (B) utility and maintenance;
       (C) overhead;
       (D) equipment; and
       (E) continuing education (including travel).
       (2) Requirements.--The contracts made available under this 
     subsection shall be--
       (A) in addition to such grants as may be available under 
     this Act or other provisions of law; and
       (B) awarded as contracts in a form authorized by the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450 et seq.).
       (3) Tribal organizations.--A tribal organization may enter 
     into contracts on behalf of an Indian tribe participating in 
     the Project upon express written delegation of authority of 
     the Indian tribe to the tribal organization.
       (n) Regulations.--The Attorney General may promulgate such 
     regulations as the Attorney General determines to be 
     necessary to carry out this section.
       (o) Full Faith and Credit.--

[[Page S3776]]

       (1) In general.--Each State shall give full faith and 
     credit to all official acts and decrees of the tribal court 
     of an Indian tribe participating in the Project to the same 
     extent and in the same manner as such State accords full 
     faith and credit to the official acts and decrees of other 
     States.
       (2) Other law.--Nothing in this subsection impairs the duty 
     of a State to give full faith and credit under any other law.
       (p) Federal Jurisdiction.--
       (1) In general.--Subject to paragraph (2), Project Areas 
     and Indian tribes participating in the Project shall be 
     eligible for the same law enforcement programs of the Bureau 
     of Indian Affairs and the Office of Justice Programs, as are 
     applicable to those areas under section 401 of Public Law 90-
     284 (25 U.S.C. 1321).
       (2) Applicability in alaska.--Nothing in this Act limits 
     the application in Alaska of any provision of title II of 
     Public Law 111-211.
       (q) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out subsection (m) $2,500,000 for 
     each of fiscal years 2012 through 2018.

     SEC. 5. ALASKA VILLAGE PEACE OFFICERS.

       (a) Establishment of Alaska Village Peace Officer Grants 
     Program.--The Office of Justice Services of the Department of 
     the Interior shall carry out a contract program for the 
     employment by Indian tribes of Village Peace Officers in 
     Alaska Native villages as provided in this section.
       (b) Application Criteria.--
       (1) In general.--To qualify for a contract under this 
     section, an applicant shall--
       (A) be an Indian tribe in Alaska that participated in a 
     Project;
       (B) demonstrate the lack of other resident law enforcement 
     in the applicable Alaska Native village; and
       (C) satisfy such other criteria as may be established by 
     notice by the Office of Justice Services.
       (2) Limitation.--Each contract awarded under this section 
     shall be in an amount not to exceed $100,000 for the salary 
     and related costs of employing and equipping 1 Village Peace 
     Officer, except that the Office of Justice Services shall be 
     authorized to waive the 1-officer limitation upon a showing 
     of compelling circumstances.
       (c) Contracts.--At the request of an applicant Indian 
     tribe, the Office of Justice Services shall disburse funds 
     awarded under this section through modifications to existing 
     self-determination contracts or self-governance compacts 
     authorized under the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450 et seq.), or by contract to a 
     political subdivision of the State of Alaska pursuant to an 
     agreement, if any, under section 7.
       (d) Eligibility for BIA Training.--Village peace officers 
     hired pursuant to this section shall be eligible to attend 
     the Bureau of Indian Affairs Police Officer Training Program.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000 for 
     each of fiscal years 2012 through 2018.

     SEC. 6. TECHNICAL ASSISTANCE.

       (a) In General.--The Attorney General may enter into 18-
     month contracts with tribal organizations in Alaska to 
     provide training and technical assistance on tribal court 
     development to any Indian tribes in Alaska.
       (b) Cooperation.--Tribal organizations may cooperate with 
     other entities for the provision of services under contracts 
     described in subsection (a).
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $2,000,000.

     SEC. 7. INTERGOVERNMENTAL AGREEMENTS.

       (a) In General.--The State of Alaska, political 
     subdivisions of that State, Indian tribes in Alaska, and the 
     United States are each authorized and encouraged to enter 
     into intergovernmental agreements, including agreements 
     concerning--
       (1) the employment of law enforcement officers, probation, 
     and parole officers;
       (2) cross-appointment and cross-deputization of tribal, 
     State, municipal, or Federal officials;
       (3) the detention or incarceration of offenders; and
       (4) jurisdictional or financial matters.
       (b) Rule of Construction.--Nothing in this section shall be 
     construed as restricting the right of the judicial system of 
     Alaska to enter into agreements with the tribal courts.
                                 ______