[Congressional Record Volume 162, Number 74 (Wednesday, May 11, 2016)]
[Senate]
[Page S2710]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. BARRASSO (for himself and Mr. McCain):
S. 2920. A bill to amend the Tribal Law and Order Act of 2010 and the
Indian Law Enforcement Reform Act to provide for advancements in public
safety services to Indian communities, and for other purposes; to the
Committee on Indian Affairs.
Mr. BARRASSO. Mr. President, I rise today to speak on the Tribal Law
and Order Act Reauthorization and Amendments Act of 2016. Senator
McCain and I are introducing this important piece of legislation to
enhance public safety efforts in American Indian and Alaska Native
communities.
I want to thank Senator McCain for his leadership, as a former
Chairman and a current Member of the Senate Committee on Indian
Affairs, on this issue. He has been a staunch advocate for safe Indian
communities, particularly for the children.
This bill would build on the improvements made by the Tribal Law and
Order Act of 2010 passed by Congress to address the unconscionably high
crime rates in these communities. The Tribal Law and Order Act of 2010
was intended to be a first step in the right direction in improving the
effectiveness of criminal justice systems in Indian Country.
The Tribal Law and Order Act of 2010 was based on five fundamental
principles: to increase the Federal response and accountability;
encourage greater cooperation between tribal, Federal, and State law
enforcement; provide tribal justice officials with additional tools to
combat crime; improve Federal programs to strengthen tribal justice
systems; and improve data collection and information sharing relating
to Indian Country crime.
Since that time, numerous reports have been issued by the Departments
of the Interior, Justice, and Health and Human Services as required by
the act. The Committee has held oversight hearings on public safety
issues in Indian communities, including a field hearing in my home
state of Wyoming on the Wind River Indian Reservation. The Committee
also held a roundtable with many stakeholders regarding the next steps
needed for improving justice systems in these communities.
The testimony and discussions were clear that the crime rates have
diminished some but still remain unacceptably high on too many
reservations. Likewise, barriers for Indian law enforcement agencies
still exist to accessing criminal databases, sharing information,
receiving required reports, training, and technical assistance. The
Committee received testimony on the need for more resources to develop
various part of tribal justice systems including jury trials and public
defenders services.
Most notably, the testimony indicated that alcohol and substance
abuse were contributing factors in nearly all crimes in Indian
communities. Several witnesses, including U.S. Attorney Christopher
``Kip'' Crofts from my home state of Wyoming, highlighted the need to
address this problem to improve public safety.
The most troubling aspect of the reports, the discussions, and the
hearings is that the children face the most heartbreaking situations.
In particular, American Indian and Alaska Native juveniles are
overrepresented in Federal and State juvenile justice systems. In
addition, there is a lack of training, collaborgion, communication, and
cooperation among agencies regarding juvenile justice for these youth.
The tribal youth in the Federal system may spend more time in secure
confinement than youth in the state systems, sometimes by several
years. Tribal youth in the Federal system may also be placed in
facilities which can be located far away from their communities and
families. On top of this, appropriate services for tribal youth in the
Federal system may be unavailable as well.
Tribal leaders have expressed concerns to me that they do not want to
lose a generation of their people. It is incumbent upon Congress and
the administration to do everything we can to help these young people
turn their lives around.
For these reasons, we introduced this bill to work toward safer
communities and provide more accountability from the Federal agencies
which have a trust responsibility to the Indian tribes and their
members.
The bill would address Federal accountability; increase data sharing
and access to data bases; support alternatives in detention;
reauthorize and build on resources for public safety efforts; and
improve justice for Indian youth. It would also assist Indian tribes in
addressing violent and drug crimes through Federal courts.
This is the type of bill that we can all get behind and get signed
into law this year. I urge Members to join me in the effort to improve
the lives of Indian people through these stronger public safety
measures.
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