[Congressional Record Volume 164, Number 34 (Monday, February 26, 2018)]
[House]
[Pages H1233-H1234]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            ASHLYNNE MIKE AMBER ALERT IN INDIAN COUNTRY ACT

  Mr. BIGGS. Mr. Speaker, I move to suspend the rules and pass the bill 
(S. 772) to amend the PROTECT Act to make Indian tribes eligible for 
AMBER Alert grants, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                 S. 772

       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 ``Ashlynne Mike AMBER Alert in 
     Indian Country Act''.

     SEC. 2. AMBER ALERT GRANTS FOR INDIAN TRIBES.

       Section 304 of the PROTECT Act (34 U.S.C. 20504) is 
     amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Program Required.--The Attorney General shall carry 
     out a program to provide grants to States and Indian tribes 
     for--
       ``(1) the development or enhancement of programs and 
     activities for the support of AMBER Alert communications 
     plans; and
       ``(2) the integration of tribal AMBER Alert systems into 
     State AMBER Alert systems.'';
       (2) in subsection (b)--
       (A) in paragraph (3), by striking ``and'' at the end;
       (B) by redesignating paragraph (4) as paragraph (5); and
       (C) by inserting after paragraph (3) the following:
       ``(4) the integration of State or regional AMBER Alert 
     communication plans with an Indian tribe; and'';
       (3) in subsection (c)--
       (A) by striking ``The Federal'' and inserting the 
     following:
       ``(1) In general.--Except as provided in paragraph (2), the 
     Federal''; and
       (B) by adding at the end the following:
       ``(2) Waiver of federal share.--If the Attorney General 
     determines that an Indian tribe does not have sufficient 
     funds available to comply with the Federal share requirement 
     under paragraph (1) for the cost of activities funded by a 
     grant for the purpose described in subsection (b)(4), the 
     Attorney General may increase the Federal share of the costs 
     for such activities to the extent the Attorney General 
     determines necessary.'';
       (4) in subsection (e), by striking ``for grants under'' and 
     inserting ``and standards to improve accountability and 
     transparency for grants awarded under'';
       (5) by redesignating subsection (f) as subsection (g);
       (6) by inserting after subsection (e) the following:
       ``(f) Definition of Indian Tribe.--In this section, the 
     term `Indian tribe' means a federally recognized Indian tribe 
     or a Native village, Regional Corporation, or Village 
     Corporation (as those terms are defined in section 3 of the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1602)).''; and
       (7) in subsection (g)(1), as so redesignated--
       (A) by striking ``2004'' each place it appears and 
     inserting ``2019''; and
       (B) by striking ``subsection (b)(3)'' and inserting 
     ``paragraphs (3) and (4) of subsection (b)''.

     SEC. 3. REPORT TO CONGRESS.

       Not later than 1 year after the date of enactment of this 
     Act, the Attorney General shall submit a report evaluating 
     the readiness, education, and training needs, technological 
     challenges, and specific obstacles encountered by Indian 
     tribes in the integration of State or regional AMBER Alert 
     communication plans to--
       (1) the Committee on Indian Affairs of the Senate;
       (2) the Committee on the Judiciary of the Senate;
       (3) the Committee on Natural Resources of the House of 
     Representatives; and
       (4) the Committee on the Judiciary of the House of 
     Representatives.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arizona (Mr. Biggs) and the gentleman from Maryland (Mr. Raskin) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Arizona.


                             General Leave

  Mr. BIGGS. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and include extraneous material on S. 772, currently under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arizona?
  There was no objection.
  Mr. BIGGS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I am honored to be a sponsor of the AMBER Alert in 
Indian Country Act, in memory of the life of Ashlynne Mike.
  I want to thank the House leadership and Chairman Goodlatte for 
bringing this bill before the House for consideration.
  Eleven-year-old Ashlynne lived in the Navajo Nation, the largest 
Indian reservation in the United States, located in four States: 
Arizona, Utah, Colorado, and New Mexico. Her favorite color was yellow, 
and she enjoyed playing music for her friends and family. She was a 
kindhearted young girl who had enormous potential.
  After school on Monday, May 2, 2016, while Ashlynne and her 9-year-
old brother Ian waited and played near the local bus stop, a stranger 
approached and lured them into his vehicle by offering them a ride 
home.
  He abducted the children and took them to a remote part of the 
reservation, where he abused Ashlynne, slaughtered her, and left her 
brother to fend for himself in the desert. Ashlynne died alone.
  Ashlynne had been abducted around 4 p.m. Her father filed a missing 
person report at 6:53 p.m., within 3 hours. Unfortunately, authorities 
did not send an AMBER Alert until 2:30 a.m. on Tuesday, almost 10 hours 
after Ashlynne went missing.
  According to law enforcement records, Tom Begay, Jr., Ashlynne's 
perpetrator, admitted that Ashlynne was alive when he left her stranded 
in the desert.
  Mr. Speaker, had Indian Country been included as partners in the 
AMBER Alert plans, law enforcement might have rescued Ashlynne in time. 
She might still be alive and with us today.
  When a child is abducted, action in those first hours is crucial to 
their safe return. The AMBER Alert program has proven effective at 
instantly providing information to the public to assist in the effort.
  According to the National Center for Missing and Exploited Children, 
of the AMBER Alerts issued in 2016, 94 percent of the recovered 
children were found within the first 72 hours, including 47 percent who 
were found within the first 3 hours.
  Between 1997 and February 2017, the AMBER Alert program has been 
credited with the safe recovery of 868 children. AMBER Alerts save 
lives.
  Today, we have the opportunity to ensure all children may benefit 
from the AMBER Alert program if necessary, no matter where they reside.
  This bill will reauthorize the Department of Justice grant program 
that assists State and local governments in developing and implementing 
AMBER Alert communications plans. It will explicitly require the 
Department of Justice to perform a needs assessment of AMBER Alert 
capabilities on Indian reservations.
  It will also, for the first time, require funds be used to integrate 
Tribal AMBER Alert systems with those of neighboring jurisdictions to 
ensure that AMBER Alerts reach as many people as swiftly as possible.
  Mr. Speaker, I again thank House leadership and Chairman Goodlatte 
for bringing this bill forward and acknowledging the importance of 
filling a gap in our AMBER Alert system that might have prevented the 
death of Ashlynne.
  Mr. Speaker, I urge my colleagues to support this bill. If enacted, 
this bill will help to build a truly national and cohesive network of 
AMBER Alert.
  Mr. Speaker, I reserve the balance of my time.
  Mr. RASKIN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of S. 772, the AMBER Alert in 
Indian Country Act. I strongly favor this important legislation because 
it will provide Indian Tribes with the ability to respond quickly to 
child abductions, thereby increasing the chances that we can avert 
catastrophe.
  Through the grant program reauthorized by S. 772, Tribal law 
enforcement agencies would develop the capacity to immediately initiate 
their own AMBER Alerts and allow Tribal alert systems to be integrated 
with the more advanced AMBER Alert communications plans of State and 
regional law enforcement.
  The AMBER Alert program is a powerful tool that engages 
geographically targeted networks of law enforcement, broadcast and 
transparency agencies, digital signage companies, internet service 
providers, and the wireless industry to issue urgent notifications in

[[Page H1234]]

the most serious cases of child abduction. Such alerts can instantly 
galvanize an entire community in the search for an abducted and 
endangered child.
  From its inception through January of 2018, the AMBER Alert program 
has directly led to the rescue of more than 900 children. Presently, 
the AMBER Alert program is used in all 50 States, here in the District 
of Columbia, in Puerto Rico, and the U.S. Virgin Islands.
  AMBER Alert systems have evolved to utilize all available technology 
in notifying the public of a child abduction. Native American Tribal 
communities, however, are unable to take full advantage of this 
lifesaving program. Currently, Tribal law enforcement must rely on 
State or regional law enforcement agencies off-reservation to issue the 
complete AMBER Alert on their behalf. This is unfortunate, and indeed 
it is notable because the rate of child abduction is reportedly down 
across the country with the sole exception of Indian Country.
  As we all know, time is of the essence when a child is abducted or 
goes missing. AMBER Alert plans provide comprehensive, rapid-response 
system, which is critical to success in such cases. Statistics show 
that roughly 74 percent of abducted children who are murdered are 
killed within the first 3 hours of their abduction.

  The time spent to coordinate with State or regional law enforcement 
before issuing an AMBER Alert can be lengthy and can have a dire 
consequence.
  In 2003, the PROTECT Act established a grant program to be 
administered by the attorney general for the States, with the goals of 
strengthening AMBER Alert communications plans nationwide and 
developing a seamless network through the Nation, which dramatically 
increases the likelihood that abducted children will be recovered 
swiftly and safely.
  S. 772 would reauthorize $10 million for the program and would make 
Indian Tribal communities eligible to receive grant funds for the very 
first time. With this funding, Tribes will be able to develop and 
implement AMBER Alert communications plans of their own, and also 
integrate their AMBER Alert systems into and with State and regional 
communications plans.
  Awarded funds may also be used for education, training, and law 
enforcement tools and equipment related to the AMBER Alert plans.
  If enacted, this legislation will help build a truly national and 
cohesive network of AMBER Alert systems. Tribal law enforcement will 
have the ability to directly issue AMBER Alerts without having to rely 
on outside law enforcement, while outside agencies will be available to 
fill in any gaps when necessary through the improved coordination.
  Mr. Speaker, accordingly, I encourage my colleagues to join us in 
supporting this crucial piece of bipartisan legislation.
  S. 772 was introduced in response to a fatal abduction that occurred 
on the Navajo Nation in New Mexico. Eleven-year-old Ashlynne Mike was 
kidnapped after school, along with her brother. Her brother escaped, 
and, alas, she did not.
  That case focused attention on gaps in communication and coordination 
between Tribal and off-reservation law enforcement.
  In the past, the Navajo Tribe has relied on New Mexico, Arizona, and 
Utah to activate AMBER Alerts. Before an alert issued, Tribal officers 
have been required to meet a list of requirements to establish a case. 
If the criteria are met, the officers may only then begin the process 
of requesting States to issue the AMBER Alert.
  Based on several accounts of this case, the AMBER Alert was issued 10 
or more hours after Ashlynne was abducted.
  Her abductor confessed to brutalizing her and leaving her alive to 
fend for herself in the desert. It was too late for Ashlynne when she 
was found dead a day later.
  Children are precious to us, and they deserve our protection wherever 
they may live, either on reservations or off reservations.
  Mr. Speaker, because we should do everything that we can to ensure 
that appropriate resources are allocated to efforts to recover missing 
or abducted children, I urge my colleagues to support this legislation.
  Mr. Speaker, I yield back the balance of my time.
  Mr. BIGGS. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, I appreciate my colleague from across the aisle. This 
bill is truly a bipartisan effort, worked on by Members of both 
parties. It is because of its importance.
  The particular case that both of us have cited today does focus the 
attention on the massive hole where there are more than 500 Indian 
Tribes that do not have access to the AMBER Alert system. It is the 
only part of this Nation and its territories that is not covered by the 
AMBER Alert system. This will solve that problem.
  Mr. Speaker, I urge all of my colleagues to support this bill, and I 
yield back the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, as a senior member of the Judiciary and 
Homeland Security Committees and as founder and co-chair of the 
Congressional Children's Caucus I rise in strong support of S. 772, 
``AMBER Alert in Indian Country Act of 2017.''
  This bill ensures that Native American tribes would be eligible for 
Justice Department grants to establish AMBER Alert systems, authorizing 
a $10 million grant program.
  The bill would allow grants to cover costs associated with 
integrating tribal AMBER Alert systems into state and regional plans to 
ensure broader distribution of alerts involving Indian children.
  This legislation provides crucial infrastructure to keep children and 
adults safe in all of America, whether they live on a reservation or 
not.
  The Justice Department will be able to waive their 50 percent funds 
matching cap if any Native American Tribe is not able to fully fund 
their nonfederal share of the project.
  Law enforcement agencies use the AMBER Alert system through radio, 
television, phones, email, and road alerts to alert the public of child 
abductions.
  This system is responsible for the successful return of over 800 
missing children.
  The lack of coordination between tribal and state authorities, and 
the resulting delays in broadcasting an AMBER Alert, were blamed for 
the 2016 death of Ashlynne Mike, an 11-year-old Navajo girl.
  More than 7,500 Native American children are listed as missing in the 
United States. This legislation will reduce that number.
  This legislation facilitates coordination between tribal and state 
authorities, resulting in faster unification of families of abducted 
children.
  Mr. Speaker, this bill will make a difference and deserves the 
overwhelming support of this body.
  The sheer volume of abduction of love ones is enough to support this 
legislation.
  I urge all of my colleagues to join me in protecting our children and 
those suffering from abuse by supporting S. 772.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Arizona (Mr. Biggs) that the House suspend the rules and 
pass the bill, S. 772, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________