[Congressional Record Volume 160, Number 149 (Tuesday, December 9, 2014)]
[Senate]
[Pages S6414-S6416]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             ALASKA SAFE FAMILIES AND VILLAGES ACT OF 2014

  Mr. BEGICH. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 524, S. 1474.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 1474) to encourage the State of Alaska to enter 
     into intergovernmental agreements with Indian tribes, to 
     improve the quality of life in rural Alaska, to reduce 
     alcohol and drug abuse, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Indian Affairs, with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

                                S. 1474

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Alaska Safe Families and 
     Villages Act of 2014''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) residents of remote Alaska villages suffer 
     disproportionately from crimes and civil disturbances rooted 
     in alcohol abuse, illicit drug use, suicide, and domestic 
     violence;
       (2) the alcohol-related suicide rate in remote Alaska 
     villages is 6 times the average in the United States and the 
     alcohol-related mortality rate is 3.5 times that of the 
     general population of the United States;
       (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 Alaska Native Tribal Health 
     Consortium, one in two Alaska Native women experience 
     physical or sexual violence;
       (5) 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 abuse;
       (6) the cost of drug and alcohol abuse in Alaska is 
     estimated at $525,000,000 per year;
       (7) there are more than 200 remote villages in Alaska, 
     which are ancestral homelands to Indian tribes and 
     geographically isolated by rivers, oceans, and mountains 
     making most of those villages accessible only by air;
       (8) small size and remoteness, lack of connection to a road 
     system, and extreme weather conditions often prevent or delay 
     travel, including that of law enforcement personnel, into 
     remote villages, resulting in challenging law enforcement 
     conditions and lack of ready access to the State judicial 
     system;
       (9) less than \1/2\ of remote Alaska villages are served by 
     trained State law enforcement entities and several Indian 
     tribes provide peace officers or tribal police without 
     adequate training or equipment;
       (10) the centralized State judicial system relies on 
     general jurisdiction Superior Courts in the

[[Page S6415]]

     regional hub communities, with only a handful of staffed 
     magistrate courts outside of the hub communities;
       (11) the lack of effective law enforcement and accessible 
     judicial services in remote Alaska villages contributes 
     significantly to increased crime, alcohol abuse, drug abuse, 
     domestic violence, rates of suicide, poor educational 
     achievement, and lack of economic development;
       (12) Indian tribes that operate within remote Alaska 
     villages should be supported in carrying out local culturally 
     relevant solutions to effectively provide law enforcement in 
     villages and access to swift judicial proceedings;
       (13) increasing capacities of local law enforcement 
     entities to enforce local tribal laws and to achieve 
     increased tribal involvement in State law enforcement in 
     remote villages will promote a stronger link between the 
     State and village residents, encourage community involvement, 
     and create greater local accountability with respect to 
     violence and substance abuse;
       (14) the United States has a trust responsibility to Indian 
     tribes in the State;
       (15) the report of the Indian Law and Order Commission to 
     the President and Congress entitled ``A Roadmap to Making 
     Native America Safer'' and dated November 2013 found that the 
     crisis in criminal justice in the State is a national problem 
     and urged the Federal Government and the State to strengthen 
     tribal sovereignty and self-governance and for Congress to 
     create a jurisdictional framework to support tribal 
     sovereignty and expand the authority of Indian tribes in the 
     State; and
       (16) it is necessary to invoke the plenary authority of 
     Congress over Indian tribes under article I, section 8, 
     clause 3 of the Constitution to improve access to judicial 
     systems in remote Alaska Native villages and provide for the 
     presence of trained local law enforcement.
       (b) Purposes.--The purposes of this Act are--
       (1) to improve the delivery of justice in Alaska Native 
     villages by--
       (A) encouraging the State and Indian tribes to enter into 
     intergovernmental agreements relating to the enforcement and 
     adjudication of State laws relating to drug and alcohol 
     offenses; and
       (B) supporting Indian tribes in the State in the 
     enforcement and adjudication of tribal laws relating to child 
     abuse and neglect, domestic violence, and drug and alcohol 
     offenses; and
       (2) to enhance coordination and communication among 
     Federal, State, tribal, and local law enforcement agencies.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Attorney general.--The term ``Attorney General'' means 
     the Attorney General of the United States.
       (2) Grant program.--The term ``grant program'' means the 
     Alaska Safe Families and Villages Self Governance 
     Intergovernmental Grant Program established under section 4.
       (3) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 102 of the Federally 
     Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
       (4) Participating indian tribe.--The term ``participating 
     Indian tribe'' means an Indian tribe selected by the Attorney 
     General to participate in the grant program or the tribal law 
     program, as applicable.
       (5) Remote alaska village.--The term ``remote Alaska 
     village'' means an Alaska Native Village Statistical Area 
     delineated for the Director of the Census by the officials of 
     the village for the purpose of presenting data for the 
     decennial census conducted under section 141(a) of title 13, 
     United States Code.
       (6) State.--The term ``State'' means the State of Alaska.
       (7) Tribal court.--The term ``tribal court'' means any 
     court, council, or a mechanism of any court or council 
     sanctioned by an Indian tribe for the adjudication of 
     disputes, including the violation of tribal laws, ordinances, 
     and regulations.
       (8) Tribal law program.--The term ``tribal law program'' 
     means the Alaska Safe Families and Villages Tribal Law 
     Program established under section 5.

     SEC. 4. ALASKA SAFE FAMILIES AND VILLAGES SELF GOVERNANCE 
                   INTERGOVERNMENTAL GRANT PROGRAM.

       (a) In General.--The Attorney General shall establish a 
     program in the Office of Justice Programs of the Department 
     of Justice, to be known as the Alaska Safe Families and 
     Villages Self Governance Intergovernmental Grant Program, to 
     make grants to Indian tribes acting on behalf of 1 or more 
     Indian tribes to assist Indian tribes in planning for and 
     carrying out intergovernmental agreements described in 
     subsection (d).
       (b) Administration.--
       (1) In general.--Each Indian tribe desiring to participate 
     in the grant program shall submit to the Attorney General an 
     application in accordance with this section.
       (2) Eligibility for grant program.--To be eligible to 
     participate in the grant program, an Indian tribe in the 
     State 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 contract, compact, or grant;
       (C) demonstrate to the Attorney General sufficient 
     governance capacity to conduct the grant program, 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) certify that the Indian tribe has entered into, or can 
     evidence intent to enter into negotiations relating to, an 
     intergovernmental agreement with the State described in 
     subsection (d);
       (E) meet such other criteria as the Attorney General may 
     promulgate, after providing public notice and an opportunity 
     to comment; and
       (F) submit to the Attorney General of the State a copy of 
     the application.
       (c) Use of Amounts.--Each participating Indian tribe shall 
     use amounts made available under the grant program--
       (1) to carry out a planning phase that may include--
       (A) internal governmental and organizational planning;
       (B) developing written tribal law or ordinances, including 
     tribal laws and ordinances detailing the structure and 
     procedures of the tribal court;
       (C) developing enforcement mechanisms; and
       (D) negotiating and finalizing any intergovernmental 
     agreements necessary to carry out this section; and
       (2) to carry out activities of the Indian tribe in 
     accordance with an applicable intergovernmental agreement 
     with the State.
       (d) Intergovernmental Agreements.--
       (1) In general.--The State (including political 
     subdivisions of the State) and Indian tribes in the State are 
     encouraged to enter into intergovernmental agreements 
     relating to the enforcement of certain State laws by the 
     Indian tribe.
       (2) Contents.--
       (A) In general.--An intergovernmental agreement described 
     in paragraph (1) may describe the duties of the State and the 
     applicable Indian tribe relating to--
       (i) the employment of law enforcement officers, probation, 
     and parole officers;
       (ii) the appointment and deputization by the State of 
     tribal law enforcement officers as special officers to aid 
     and assist in the enforcement of the criminal laws of the 
     State;
       (iii) the enforcement of punishments imposed by the Indian 
     tribe under tribal law;
       (iv) the transfer of enforcement duties for State drug- and 
     alcohol-related misdemeanor offenses to the Indian tribe;
       (v) the adjudication by the Indian tribe of State drug- and 
     alcohol-related misdemeanor offenses;
       (vi) the transfer of information and evidence between 
     tribal law enforcement entities and the court system of the 
     State;
       (vii) the detention of offenders;
       (viii) searches and seizures of alcohol and drugs at 
     municipal and State airports; and
       (ix) jurisdictional or financial matters.
       (B) Remedies.--Subject to title II of Public Law 90-284 (25 
     U.S.C. 1301 et seq. ) (commonly known as the ``Indian Civil 
     Rights Act of 1968''), an intergovernmental agreement 
     described in paragraph (1) may include remedies to be imposed 
     by the applicable Indian tribe relating to the enforcement of 
     State law, including--
       (i) restorative justice, including circle sentencing;
       (ii) community service;
       (iii) fines;
       (iv) forfeitures;
       (v) commitments for treatment;
       (vi) restraining orders;
       (vii) emergency detentions; and
       (viii) any other remedies agreed to by the State and Indian 
     tribe.
       (e) Annual Report.--
       (1) In general.--Not later than May 1 of each year, the 
     Attorney General shall submit to the Committee on Indian 
     Affairs of the Senate and the Committee on Natural Resources 
     of the House of Representatives an annual report that--
       (A) describes the grants awarded under the grant program;
       (B) assesses the effectiveness of the grant program; and
       (C) includes any recommendations of the Attorney General 
     relating to the grant program.
       (2) Requirements.--Each report shall be prepared in 
     consultation with the government of each participating Indian 
     tribe and the State.

     SEC. 5. ALASKA SAFE FAMILIES AND VILLAGES SELF GOVERNANCE 
                   TRIBAL LAW PROJECT.

       (a) In General.--The Attorney General shall establish a 
     project in the Office of Justice Programs of the Department 
     of Justice, to be known as the Alaska Safe Families and 
     Villages Self Governance Tribal Law Project, to make grants 
     to Indian tribes acting on behalf of 1 or more Indian tribes 
     to assist Indian tribes in planning for and carrying out 
     concurrent jurisdiction activities described in subsection 
     (d).
       (b) Application.--
       (1) In general.--Each Indian tribe desiring to participate 
     in the tribal law program shall submit to the Attorney 
     General an application in accordance with this section.
       (2) Eligibility.--To be eligible to participate in the 
     tribal law program, an Indian tribe in the State 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 contract, compact, or grant;
       (C) demonstrate to the Attorney General sufficient 
     governance capacity to conduct the tribal law program, 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) meet such other criteria as the Attorney General may 
     promulgate, after providing for public notice; and
       (E) submit to the Attorney General of the State a copy of 
     the application submitted under this section.
       (3) Additional submissions.--On completion of the planning 
     phase described in subsection (c), the Indian tribe shall 
     provide to the Attorney General--

[[Page S6416]]

       (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) written tribal laws or ordinances governing tribal 
     court procedures and the regulation and enforcement of child 
     abuse and neglect, domestic violence, drugs and alcohol, and 
     related matters; and
       (C) such other information as the Attorney General may, by 
     public notice, require.
       (c) Planning Phase.--
       (1) In general.--Each participating Indian tribe shall 
     complete a planning phase that includes--
       (A) internal governmental and organizational planning;
       (B) developing written tribal law or ordinances detailing 
     the structure and procedures of the tribal court; and
       (C) enforcement mechanisms.
       (2) Certification.--
       (A) In general.--Not later than 120 days after receiving an 
     application under subsection (b), the Attorney General shall 
     certify the completion of the planning phase under this 
     section.
       (B) Timing.--The Attorney General may make a certification 
     described in subparagraph (A) on the date on which the 
     participating Indian tribe submits an application under 
     subsection (b) if the Indian tribe demonstrates to the 
     Attorney General that the Indian tribe has satisfied the 
     requirements of the planning phase under paragraph (1).
       (d) Concurrent Jurisdiction.--
       (1) In general.--Unless otherwise agreed to by the Indian 
     tribe in an intergovernmental agreement, beginning 30 days 
     after the date on which the certification described in 
     subsection (c)(2) is made, the participating Indian tribe may 
     exercise civil jurisdiction, concurrent with the State, in 
     matters relating to child abuse and neglect, domestic 
     violence, drug-related offenses, and alcohol-related offenses 
     over--
       (A) any member of, or person eligible for membership in, 
     the Indian tribe; and
       (B) any nonmember of the Indian tribe, if the nonmember 
     resides or is located in the remote Alaska Native village in 
     which the Indian tribe operates.
       (2) Sanctions.--A participating Indian tribe exercising 
     jurisdiction under paragraph (1) shall impose such civil 
     sanctions as the tribal court has determined to be 
     appropriate, consistent with title II of Public Law 90-284 
     (25 U.S.C. 1301 et seq.) (commonly known as the ``Indian 
     Civil Rights Act of 1968'') and tribal law, including--
       (A) restorative justice, including community or circle 
     sentencing;
       (B) community service;
       (C) fines;
       (D) forfeitures;
       (E) commitments for treatment;
       (F) restraining orders;
       (G) emergency detentions; and
       (H) any other remedies the tribal court determines are 
     appropriate.
       (3) Incarceration.--A person shall not be incarcerated by a 
     participating Indian tribe exercising jurisdiction under 
     paragraph (1) except pursuant to an intergovernmental 
     agreement described in section 4(d).
       (4) Emergency circumstances.--Nothing in this subsection 
     prevents a participating Indian tribe exercising jurisdiction 
     under paragraph (1) from--
       (A) assuming protective custody of a member of the Indian 
     tribe or otherwise taking action to prevent imminent harm to 
     that member or others; and
       (B) taking immediate, temporary protective measures to 
     address a situation involving an imminent threat of harm to a 
     member of the Indian tribe by a nonmember.
       (e) Annual Report.--
       (1) In general.--Not later than May 1 of each year, the 
     Attorney General shall submit to the Committee on Indian 
     Affairs of the Senate and the Committee on Natural Resources 
     of the House of Representatives a brief annual report that--
       (A) details the activities carried out under the tribal law 
     program; and
       (B) includes an assessment and any recommendations of the 
     Attorney General relating to the tribal law program.
       (2) Requirements.--Each report shall be prepared--
       (A) in consultation with the government of each 
     participating Indian tribe; and
       (B) after the participating Indian tribe and the State have 
     an opportunity to comment on the report.

     SEC. 6. ADMINISTRATION.

       (a) Effect of Act.--Nothing in this Act--
       (1) limits, alters, or diminishes the civil or criminal 
     jurisdiction of the State, any subdivision of the State, or 
     the United States;
       (2) limits or diminishes the jurisdiction of any Indian 
     tribe in the State, including inherent and statutory 
     authority of the Indian tribe over alcohol, and drug abuse, 
     child protection, child custody, and domestic violence (as in 
     effect on the day before the date of enactment of this Act);
       (3) creates a territorial basis for the jurisdiction of any 
     Indian tribe in the State (other than as provided in section 
     5) or otherwise establishes Indian country (as defined in 
     section 1151 of title 18, United States Code) in any area of 
     the State;
       (4) confers any criminal jurisdiction on any Indian tribe 
     in the State unless agreed to in an intergovernmental 
     agreement described in section 4(d);
       (5) diminishes the trust responsibility of the United 
     States to Indian tribes in the State;
       (6) abridges or diminishes the sovereign immunity of any 
     Indian tribe in the State;
       (7) alters the criminal or civil jurisdiction of the 
     Metlakatla Indian Community within the Annette Islands 
     Reserve (as in effect on the date before the date of 
     enactment of this Act); or
       (8) limits in any manner the eligibility of the State, any 
     political subdivision of the State, or any Indian tribe in 
     the State, for any other Federal assistance under any other 
     law.
       (b) No Liability for the State of Alaska.--The State, 
     including any political subdivision of the State, shall not 
     be liable for any act or omission of a participating Indian 
     tribe in carrying out this Act, including any act or omission 
     of a participating Indian tribe undertaken pursuant to an 
     intergovernmental agreement described in section 4(d).
       (c) Regulations.--The Attorney General shall promulgate 
     such regulations as the Attorney General determines are 
     necessary to carry out this Act.
       (d) Eligibility for Federal Programs.--
       (1) In general.--Participating Indian tribes shall be 
     eligible for the same tribal court and law enforcement 
     programs and level of funding from the Bureau of Indian 
     Affairs as are available to other Indian tribes.
       (2) Applicability in the state.--Nothing in this Act limits 
     the application in the State of--
       (A) the Tribal Law and Order Act of 2010 (Public Law 111-
     211; 124 Stat. 2261);
       (B) the Violence Against Women Reauthorization Act of 2013 
     (Public law 113-4; 127 Stat. 54); or
       (C) any amendments made by the Acts referred to in 
     subparagraphs (A) and (B).
       (e) Full Faith and Credit.--
       (1) In general.--Each of the 50 States shall give full 
     faith and credit to all official acts and decrees of the 
     tribal court of a participating Indian tribe to the same 
     extent and in the same manner as that State accords full 
     faith and credit to the official acts and decrees of other 
     States.
       (2) Other laws.--Nothing in this subsection impairs the 
     duty of the State to give full faith and credit under any 
     other law.

     SEC. 7. TECHNICAL ASSISTANCE.

       (a) In General.--The Attorney General may enter into 
     contracts with Indian tribes in the State to provide--
       (1) training and technical assistance on tribal court 
     development to any Indian tribe in the State; and
       (2) the training for proper transfer of evidence and 
     information--
       (A) between tribal and State law enforcement entities; and
       (B) between State and tribal court systems.
       (b) Cooperation.--Indian tribes may cooperate with other 
     entities for the provision of services under the contracts 
     described in subsection (a).

     SEC. 8. FUNDING.

       The Attorney General shall use amounts made available to 
     the Attorney General for the Office of Justice Programs to 
     carry out this Act.

     SEC. 9. REPEAL OF SPECIAL RULE FOR STATE OF ALASKA.

       Section 910 of the Violence Against Women Reauthorization 
     Act of 2013 ( 18 U.S.C. 2265 note; Public Law 113-4 ) is 
     repealed.

  Mr. BEGICH. I further ask unanimous consent that the committee-
reported substitute amendment be withdrawn, the Begich substitute 
amendment, which is at the desk, be agreed to, the bill, as amended, be 
read a third time and passed, the title amendment, which is at the 
desk, be agreed to, and the motions to reconsider be considered made 
and laid upon the table with no intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported substitute amendment was withdrawn.
  The amendment (No. 3981) in the nature of a substitute was agreed to, 
as follows:

                (Purpose: In the nature of a substitute)

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. REPEAL OF SPECIAL RULE FOR STATE OF ALASKA.

       Section 910 of the Violence Against Women Reauthorization 
     Act of 2013 (18 U.S.C. 2265 note; Public Law 113-4) is 
     repealed.

  The bill (S. 1474), as amended, was ordered to be engrossed for a 
third reading, was read the third time and passed.
  The title amendment (No. 3982) was agreed to, as follows:

                     (Purpose: To amend the title)

       Amend the title so as to read: ``A bill to amend the 
     Violence Against Women Reauthorization Act of 2013 to repeal 
     a special rule for the State of Alaska, and for other 
     purposes.''.

  The PRESIDING OFFICER. The Senator from Rhode Island.

                          ____________________