Senate Passes Tribal Law Enforcement, Indian Arts and Crafts Reforms

WASHINGTON, D.C. The U.S. Senate, late Wednesday, unanimously passed The Tribal Law and Order Act, providing much needed public safety and law enforcement support for tribal communities including funding for tribal jails, increased coordination and communication among Federal, State, tribal, and local law enforcement agencies, improved prosecution of crimes in Indian country. The legislation also provides tribes additional tools to combat crime and sexual and domestic abuse. The Act was introduced by Senator Byron Dorgan (D-S.D.) and cosponsored by Senators Jon Kyl (R-Ariz.) and John McCain (R-Ariz.). Many tribal communities today lack the support and tools needed to combat the terrible violence and crimes they experience, said Kyl. Thats why I applaud the passage of The Tribal Law and Order Act, which authorizes desperately needed funds for law enforcement in Indian Country. Some major provisions include: o Evidence Sharing and Declinations: Federal officials decline to prosecute a significant percentage of violent crimes in Indian country, including cases of sexual assaults against women and children. The bill will require the Department of Justice to maintain data on criminal declinations and share evidence with tribal justice officials when a case is declined. o 3-year Tribal Court Sentencing: Federal law limits tribal court authority to sentence tribal offenders to no more than one year in prison, which limits their ability to provide justice to the victims and the tribal community. The bill establishes an option for tribes to increase sentencing authority for up to three years where a tribe provides added protections to tribal defendants. o Tribal Police Access to Criminal History Records: Many tribal police have no access to criminal history records. As a result, when pulling over a suspect, the officer has no background on the person who is detained. The bill will provide tribal police greater access to criminal history databases such as the National Crime Information Center (NCIC). o Domestic and Sexual Violence: The bill will require tribal and federal officers serving Indian country to receive specialized training to interview victims of sexual assault, collect crime scene evidence. It also requires federal Indian Health Service and BIA officials to provide documents and testimony gained in the course of their duties to aid in prosecutions before tribal courts. The bill also includes important legislative changes to The Indian Arts and Crafts Act that were coauthored by Senators Kyl and McCain. The Indian Arts and Crafts Amendments Act strengthens the investigative and enforcement authorities of The Indian Arts and Crafts Act of 1990. This new language, which was included in The Tribal Law and Order Act, expands the investigative authority under the original act by allowing other federal law enforcement entities besides the FBI, such as the Bureau of Indian Affairs Office of Law Enforcement, to investigate cases of misrepresentation and work with Department of Justice attorneys to prosecute cases. The Senate previously passed The Indian Arts and Crafts Amendments Act in 2009, but the House of Representatives has not acted on it. Native American arts and crafts are the only art indigenous to America, Kyl previously said about the Amendments Act. Inauthentic reproductions and mass-produced knock-offs undercut sales of genuine articles and undermine traditional artisans techniques. It would be a tremendous loss to the entire countrys cultural heritage to lose these traditions. The original Indian Arts and Crafts Act, co-authored by Kyl when he was a member of the House of Representatives, was enacted to protect Indian artists and craftspeople, businesses, tribes, and consumers from the growing sales of arts and crafts wrongly represented as being produced by Native Americans. Serving as a truth-in-advertising law, with civil and criminal provisions, it prohibits the marketing of products as Indian made when they are not made by Indians. Sen. Jon Kyl is the Senate Republican Whip and serves on the Senate Finance and Judiciary committees. Visit his website at www.kyl.senate.gov or his YouTube channel at www.youtube.com/senjonkyl.