[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
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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.
____________________