NALU, 10-2-09: Law + Order, Health, + Important Goings-On These Actions, on Change.org, the url :) Indigenous + Native Americans :) http://humanitarianrelief.change.org/actions/view/indigenous_native_amer... http://www.change.org/profile/189788/actions NALU October 2, 2009: Law and Order, Health, and Other Important Goings-On Friends Committee on National Legislation - A Quaker Lobby in the Public Interest Native American Legislative Update Email List NALU October 2, 2009: Law and Order, Health, and Other Important Goings-On IN THIS ISSUE: + New Native American Advocacy Program intern + Tribal Law and Order Act + Health care update + "Power Paths," a new segment on PBS' Independent Lens TV series + Housing bill with Native vets in mind - NEW NATIVE AMERICAN ADVOCACY PROGRAM INTERN My name is Inez Steigerwald, and I'm the new Program Assistant for the Native American Advocacy Program here at FCNL. Though I came here with little knowledge of tribal law, trust responsibilities, current issues of concern to Native Americans, or any number of things I've been reading about, I have long been interested in human rights work. For the past four years I've been working with a human rights group in El Salvador helping to publish its history. While this organization (Comité de Madres) deals broadly with the human rights of all Salvadorans and all people, there are certainly overlapping themes between their struggle and the struggle of Native Americans and Native Alaskans in the United States. An abiding lack of trustworthiness on the part of the government is one such theme. In my initial explorations of Native issues at FCNL, I've been blown away to realize how little treaties with Native tribes often mean to the U.S. government. Time and time again, what should have been binding contracts were (and continue to be) downplayed and outright ignored, and trust responsibilities (such as adequate health care) are woefully underfunded and put on the back-burner. I look forward to learning more about these and other issues, and I especially look forward to becoming more proficient at advocating for the rights of Native peoples with Congress. - TRIBAL LAW AND ORDER ACT ~ The Bill: The main legislative opportunity at the moment is the Tribal Law and Order Act, H.R. 1924 and S. 797 (http://action.fcnl.org/r/87640/46386/0). As described in past action alerts (http://action.fcnl.org/r/87641/46386/0), much of what this bill does is to clarify a very messy and inadequate law enforcement system. Jurisdiction over criminal violations on tribal land is very complicated. In many cases tribal law enforcement agencies can only arrest Indians who have committed crimes on Indian land. If crimes are committed on Indian land by non-Indians, in many cases tribal law enforcement agents are powerless; they may not be able to hold the people responsible and may have to refer the situation to state law enforcement, a U.S. Attorney, or the even FBI. The bill tries to clarify and improve this situation. This jurisdictional problem is linked to other problems that the bill attempts to address, such as the federal government's failure to follow through with a disturbingly high percentage of cases referred to it. The bill also addresses funding, training, and other resources for tribal law enforcement. It contains specific provisions responding to the problem of widespread physical and sexual abuse in Indian Country. Because well over half of reported rapes and other sexual abuses of women are perpetrated by non-Indians, the complexity of the jurisdictional structure make women particularly vulnerable to the lack of adequate law enforcement. ~ What We're Doing and What You Can Do: Twelve members of Congress are currently cosponsoring the Tribal Law and Order Act in the House, and eighteen senators are cosponsors the Senate bill. The bills need more cosponsors, especially in the House! Our current goal is to get 30 representatives to become cosponsors, although ultimately we want 50 or more to increase the chances that the bill will pass in the House. You can help. Please write to your representatives and senators and urge them to cosponsor this bill. The Senate Indian Affairs Committee has named this bill as a top priority, and we hope you do, too! * To contact your representative, go to: http://action.fcnl.org/r/87642/46386/0 * To contact your senator, go to: http://action.fcnl.org/r/87643/46386/0 - HEALTH CARE UPDATE The Henry J. Kaiser Foundation has released "A Profile of American Indians and Alaska Natives and Their Health Coverage," available at http://action.fcnl.org/r/87644/46386/0 . The report details the unique responsibility of the U.S. government to provide health care for American Indians and Alaska Natives, the poor health status of these groups, and the inadequacy of the services available to them. The 2010 federal budget, together with the American Recovery and Reinvestment Act, provided a substantial (13%) increase for the Indian Health Service and Indian Health Facilities. The Indian Health Care Improvement Act (IHCIA) is stalled for now, while the larger health care debate dominates Congress' agenda. But Senator Lisa Murkowski (AK), a member of the Senate Indian Affairs Committee, said recently to a conference of National Indian Health Boards that tribes have been waiting too long for passage of the IHCIA and that "it's about time for a signing ceremony at the White House." The Senate health care reform bill, the current focus of the Senate Finance Committee, will probably have only a modest impact on health care for Native Americans. It does not change the role of the Indian Health Service and does not expand its authorization, although it may provide additional resources, especially for preventative care. The Senate version of the bill exempts most American Indians and Alaska Natives from co-pays and co-insurance for Medicaid, Medicare and private insurance programs sold through "state exchanges." It also eliminates a fine that would otherwise be assessed on individuals who do not purchase insurance. As Secretary of Health and Human Services Kathleen Sebelius recently remarked to the National Indian Health Boards: "You have already purchased health insurance; it is already part of the agreement we made." Indian health care will still have to be addressed after the general health care reform debate concludes, however, as health services f or native peoples will still be so inadequate. - "POWER PATHS," A NEW SEGMENT IN PBS' INDEPENDENT LENS TV SERIES From an email from Mary Lugo,* publicist for Independent Lens: "On November 3 [at 10 pm eastern], the PBS series Independent Lens will air the documentary POWER PATHS which follows the efforts of American Indian tribes as they explore ways to bring renewable energy projects into their communities. [T]tribes are fighting to protect their land, air, and water from the harmful impacts of mining and coal burning and lead the nation in transitioning to renewable energy sources like wind and solar power. Ten percent of America's energy comes from Native American lands, including a third of U.S. coal deposits and hydroelectric dams that feed the grid. The film follows [the efforts of the grassroots movement called the Just Transition Coalition in] their efforts to prevent further coal mining while bringing a greener economy and new green jobs to Indian Lands by installing solar energy and large wind turbines on their lands." Please consult your local public television station's listings for local show times. * For the full email, please go to: http://action.fcnl.org/r/87645/46386/0 - HOUSING BILL WITH NATIVE VETS IN MIND The Indian Veterans Housing Opportunity Act (H.R.3553) was introduced to the House on September 24 with the goal of helping disabled Native American veterans to get and keep housing assistance. The existing Native American Housing Assistance and Self-Determination Act (NAHASDA) includes a "catch-22" which has resulted in many disabled vets and their families being denied housing assistance due to their veteran's and survivor benefits. The new bill would make the language more explicit to enable these people to receive housing assistance even if they also receive other veteran's benefits. This bill was introduced by Rep. Ann Kirkpatrick (AZ). Learn more about any of the bills mentioned in this or other Native American Legislative Updates at the Library of Congress web site. Just type in the bill number or name to see the bill's text, co-sponsors, and schedule for hearings. ----- Donate to FCNL: http://action.fcnl.org/r/87647/46386/0 Friends Committee on National Legislation | 245 2nd Street NE Washington, DC 20002 | www.fcnl.org | 800-630-1330