Statements on Introduced Bills and Joint Resolutions

Floor Speech

Date: May 11, 2016
Location: Washington, DC

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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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