[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 725 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
June 23, 2010.
Resolved, That the bill from the House of Representatives (H.R.
725) entitled ``An Act to protect Indian arts and crafts through the
improvement of applicable criminal proceedings, and for other
purposes.'', do pass with the following
AMENDMENT:
At the end, add the following:
DIVISION B--TRIBAL LAW AND ORDER
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Tribal Law and
Order Act of 2010''.
(b) Table of Contents.--The table of contents of this division is
as follows:
DIVISION B--TRIBAL LAW AND ORDER
Sec. 1. Short title; table of contents.
Sec. 2. Findings; purposes.
Sec. 3. Definitions.
Sec. 4. Severability.
Sec. 5. Jurisdiction of the State of Alaska.
Sec. 6. Effect.
TITLE I--FEDERAL ACCOUNTABILITY AND COORDINATION
Sec. 101. Office of Justice Services responsibilities.
Sec. 102. Disposition reports.
Sec. 103. Prosecution of crimes in Indian country.
Sec. 104. Administration.
TITLE II--STATE ACCOUNTABILITY AND COORDINATION
Sec. 201. State criminal jurisdiction and resources.
Sec. 202. State, tribal, and local law enforcement cooperation.
TITLE III--EMPOWERING TRIBAL LAW ENFORCEMENT AGENCIES AND TRIBAL
GOVERNMENTS
Sec. 301. Tribal police officers.
Sec. 302. Drug enforcement in Indian country.
Sec. 303. Access to national criminal information databases.
Sec. 304. Tribal court sentencing authority.
Sec. 305. Indian Law and Order Commission.
Sec. 306. Exemption for tribal display materials.
TITLE IV--TRIBAL JUSTICE SYSTEMS
Sec. 401. Indian alcohol and substance abuse.
Sec. 402. Indian tribal justice; technical and legal assistance.
Sec. 403. Tribal resources grant program.
Sec. 404. Tribal jails program.
Sec. 405. Tribal probation office liaison program.
Sec. 406. Tribal youth program.
Sec. 407. Improving public safety presence in rural Alaska.
TITLE V--INDIAN COUNTRY CRIME DATA COLLECTION AND INFORMATION SHARING
Sec. 501. Tracking of crimes committed in Indian country.
Sec. 502. Criminal history record improvement program.
TITLE VI--DOMESTIC VIOLENCE AND SEXUAL ASSAULT PROSECUTION AND
PREVENTION
Sec. 601. Prisoner release and reentry.
Sec. 602. Domestic and sexual violence offense training.
Sec. 603. Testimony by Federal employees.
Sec. 604. Coordination of Federal agencies.
Sec. 605. Sexual assault protocol.
Sec. 606. Study of IHS sexual assault and domestic violence response
capabilities.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) the United States has distinct legal, treaty, and trust
obligations to provide for the public safety of Indian country;
(2) Congress and the President have acknowledged that--
(A) tribal law enforcement officers are often the
first responders to crimes on Indian reservations; and
(B) tribal justice systems are often the most
appropriate institutions for maintaining law and order
in Indian country;
(3) less than 3,000 tribal and Federal law enforcement
officers patrol more than 56,000,000 acres of Indian country,
which reflects less than \1/2\ of the law enforcement presence
in comparable rural communities nationwide;
(4) the complicated jurisdictional scheme that exists in
Indian country--
(A) has a significant negative impact on the
ability to provide public safety to Indian communities;
(B) has been increasingly exploited by criminals;
and
(C) requires a high degree of commitment and
cooperation among tribal, Federal, and State law
enforcement officials;
(5)(A) domestic and sexual violence against American Indian
and Alaska Native women has reached epidemic proportions;
(B) 34 percent of American Indian and Alaska Native women
will be raped in their lifetimes; and
(C) 39 percent of American Indian and Alaska Native women
will be subject to domestic violence;
(6) Indian tribes have faced significant increases in
instances of domestic violence, burglary, assault, and child
abuse as a direct result of increased methamphetamine use on
Indian reservations; and
(7) crime data is a fundamental tool of law enforcement,
but for decades the Bureau of Indian Affairs and the Department
of Justice have not been able to coordinate or consistently
report crime and prosecution rates in tribal communities.
(b) Purposes.--The purposes of this division are--
(1) to clarify the responsibilities of Federal, State,
tribal, and local governments with respect to crimes committed
in Indian country;
(2) to increase coordination and communication among
Federal, State, tribal, and local law enforcement agencies;
(3) to empower tribal governments with the authority,
resources, and information necessary to safely and effectively
provide public safety in Indian country;
(4) to reduce the prevalence of violent crime in Indian
country and to combat sexual and domestic violence against
American Indian and Alaska Native women;
(5) to prevent drug trafficking and reduce rates of alcohol
and drug addiction in Indian country; and
(6) to increase and standardize the collection of criminal
data and the sharing of criminal history information among
Federal, State, and tribal officials responsible for responding
to and investigating crimes in Indian country.
SEC. 3. DEFINITIONS.
(a) In General.--In this division:
(1) Indian country.--The term ``Indian country'' has the
meaning given the term in section 1151 of title 18, United
States Code.
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Tribal government.--The term ``tribal government''
means the governing body of a federally recognized Indian
tribe.
(b) Indian Law Enforcement Reform Act.--Section 2 of the Indian Law
Enforcement Reform Act (25 U.S.C. 2801) is amended by adding at the end
the following:
``(10) The term `tribal justice official' means--
``(A) a tribal prosecutor;
``(B) a tribal law enforcement officer; or
``(C) any other person responsible for
investigating or prosecuting an alleged criminal
offense in tribal court.''.
SEC. 4. SEVERABILITY.
If any provision of this division, an amendment made by this
division, or the application of such a provision or amendment to any
individual, entity, or circumstance, is determined by a court of
competent jurisdiction to be invalid, the remaining provisions of this
division, the remaining amendments made by this division, and the
application of those provisions and amendments to individuals,
entities, or circumstances other than the affected individual, entity,
or circumstance shall not be affected.
SEC. 5. JURISDICTION OF THE STATE OF ALASKA.
Nothing in this Act limits, alters, expands, or diminishes the
civil or criminal jurisdiction of the State of Alaska, any subdivision
of the State of Alaska, or any Indian tribe in that State.
SEC. 6. EFFECT.
Nothing in this Act confers on an Indian tribe criminal
jurisdiction over non-Indians.
TITLE I--FEDERAL ACCOUNTABILITY AND COORDINATION
SEC. 101. OFFICE OF JUSTICE SERVICES RESPONSIBILITIES.
(a) Definitions.--Section 2 of the Indian Law Enforcement Reform
Act (25 U.S.C. 2801) is amended--
(1) by striking paragraph (8);
(2) by redesignating paragraphs (1) through (7) as
paragraphs (2) through (8), respectively;
(3) by redesignating paragraph (9) as paragraph (1) and
moving the paragraphs so as to appear in numerical order; and
(4) in paragraph (1) (as redesignated by paragraph (3)), by
striking ``Division of Law Enforcement Services'' and inserting
``Office of Justice Services''.
(b) Additional Responsibilities of Office.--Section 3 of the Indian
Law Enforcement Reform Act (25 U.S.C. 2802) is amended--
(1) in subsection (b), by striking ``(b) There is hereby
established within the Bureau a Division of Law Enforcement
Services which'' and inserting the following:
``(b) Office of Justice Services.--There is established in the
Bureau an office, to be known as the `Office of Justice Services',
that'';
(2) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``Division of Law Enforcement Services'' and
inserting ``Office of Justice Services'';
(B) in paragraph (8), by striking ``and'' at the
end;
(C) in paragraph (9), by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following:
``(10) the development and provision of dispatch and
emergency and E-911 services;
``(11) communicating with tribal leaders, tribal community
and victims' advocates, tribal justice officials, indigent
defense representatives, and residents of Indian country on a
regular basis regarding public safety and justice concerns
facing tribal communities;
``(12) conducting meaningful and timely consultation with
tribal leaders and tribal justice officials in the development
of regulatory policies and other actions that affect public
safety and justice in Indian country;
``(13) providing technical assistance and training to
tribal law enforcement officials to gain access and input
authority to utilize the National Criminal Information Center
and other national crime information databases pursuant to
section 534 of title 28, United States Code;
``(14) in coordination with the Attorney General pursuant
to subsection (g) of section 302 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3732), collecting,
analyzing, and reporting data regarding Indian country crimes
on an annual basis;
``(15) on an annual basis, sharing with the Department of
Justice all relevant crime data, including Uniform Crime
Reports, that the Office of Justice Services prepares and
receives from tribal law enforcement agencies on a tribe-by-
tribe basis to ensure that individual tribal governments
providing data are eligible for programs offered by the
Department of Justice;
``(16) submitting to the appropriate committees of
Congress, for each fiscal year, a detailed spending report
regarding tribal public safety and justice programs that
includes--
``(A)(i) the number of full-time employees of the
Bureau and tribal governments who serve as--
``(I) criminal investigators;
``(II) uniform police;
``(III) police and emergency dispatchers;
``(IV) detention officers;
``(V) executive personnel, including
special agents in charge, and directors and
deputies of various offices in the Office of
Justice Services; and
``(VI) tribal court judges, prosecutors,
public defenders, appointed defense counsel, or
related staff; and
``(ii) the amount of appropriations obligated for
each category described in clause (i) for each fiscal
year;
``(B) a list of amounts dedicated to law
enforcement and corrections, vehicles, related
transportation costs, equipment, inmate transportation
costs, inmate transfer costs, replacement, improvement,
and repair of facilities, personnel transfers,
detailees and costs related to their details, emergency
events, public safety and justice communications and
technology costs, and tribal court personnel,
facilities, indigent defense, and related program
costs;
``(C) a list of the unmet staffing needs of law
enforcement, corrections, and court personnel
(including indigent defense and prosecution staff) at
tribal and Bureau of Indian Affairs justice agencies,
the replacement and repair needs of tribal and Bureau
corrections facilities, needs for tribal police and
court facilities, and public safety and emergency
communications and technology needs; and
``(D) the formula, priority list or other
methodology used to determine the method of
disbursement of funds for the public safety and justice
programs administered by the Office of Justice
Services;
``(17) submitting to the appropriate committees of
Congress, for each fiscal year, a report summarizing the
technical assistance, training, and other support provided to
tribal law enforcement and corrections agencies that operate
relevant programs pursuant to self-determination contracts or
self-governance compacts with the Secretary; and
``(18) promulgating regulations to carry out this Act, and
routinely reviewing and updating, as necessary, the regulations
contained in subchapter B of title 25, Code of Federal
Regulations (or successor regulations).'';
(3) in subsection (d)--
(A) in paragraph (1), by striking ``Division of Law
Enforcement Services'' and inserting ``Office of
Justice Services''; and
(B) in paragraph (4)(i), in the first sentence, by
striking ``Division'' and inserting ``Office of Justice
Services'';
(4) in subsection (e), by striking ``Division of Law
Enforcement Services'' each place it appears and inserting
``Office of Justice Services''; and
(5) by adding at the end the following:
``(f) Long-term Plan for Tribal Detention Programs.--Not later than
1 year after the date of enactment of this subsection, the Secretary,
acting through the Bureau, in coordination with the Department of
Justice and in consultation with tribal leaders, tribal courts, tribal
law enforcement officers, and tribal corrections officials, shall
submit to Congress a long-term plan to address incarceration in Indian
country, including--
``(1) a description of proposed activities for--
``(A) the construction, operation, and maintenance
of juvenile (in accordance with section 4220(a)(3) of
the Indian Alcohol and Substance Abuse Prevention and
Treatment Act of 1986 (25 U.S.C. 2453(a)(3)) and adult
detention facilities (including regional facilities) in
Indian country;
``(B) contracting with State and local detention
centers, upon approval of affected tribal governments;
and
``(C) alternatives to incarceration, developed in
cooperation with tribal court systems;
``(2) an assessment and consideration of the construction
of Federal detention facilities in Indian country; and
``(3) any other alternatives as the Secretary, in
coordination with the Attorney General and in consultation with
Indian tribes, determines to be necessary.''.
(c) Law Enforcement Authority.--Section 4 of the Indian Law
Enforcement Reform Act (25 U.S.C. 2803) is amended--
(1) in paragraph (2)(A), by striking ``), or'' and
inserting ``or offenses processed by the Central Violations
Bureau); or''; and
(2) in paragraph (3)--
(A) in subparagraph (B), by striking ``, or'' at
the end and inserting a semicolon;
(B) in subparagraphs (B) and (C), by striking
``reasonable grounds'' each place it appears and
inserting ``probable cause'';
(C) in subparagraph (C), by adding ``or'' at the
end; and
(D) by adding at the end the following:
``(D)(i) the offense involves--
``(I) a misdemeanor controlled substance
offense in violation of--
``(aa) the Controlled Substances
Act (21 U.S.C. 801 et seq.);
``(bb) title IX of the Personal
Responsibility and Work Opportunity
Reconciliation Act of 1996 (21 U.S.C.
862a et seq.); or
``(cc) section 731 of the USA
PATRIOT Improvement and Reauthorization
Act of 2005 (21 U.S.C. 865);
``(II) a misdemeanor firearms offense in
violation of chapter 44 of title 18, United
States Code;
``(III) a misdemeanor assault in violation
of chapter 7 of title 18, United States Code;
or
``(IV) a misdemeanor liquor trafficking
offense in violation of chapter 59 of title 18,
United States Code; and
``(ii) the employee has probable cause to believe
that the individual to be arrested has committed, or is
committing, the crime;''.
SEC. 102. DISPOSITION REPORTS.
Section 10 of the Indian Law Enforcement Reform Act (25 U.S.C.
2809) is amended by striking subsections (a) through (d) and inserting
the following:
``(a) Coordination and Data Collection.--
``(1) Investigative coordination.--Subject to subsection
(c), if a law enforcement officer or employee of any Federal
department or agency terminates an investigation of an alleged
violation of Federal criminal law in Indian country without
referral for prosecution, the officer or employee shall
coordinate with the appropriate tribal law enforcement
officials regarding the status of the investigation and the use
of evidence relevant to the case in a tribal court with
authority over the crime alleged.
``(2) Investigation data.--The Federal Bureau of
Investigation shall compile, on an annual basis and by Field
Division, information regarding decisions not to refer to an
appropriate prosecuting authority cases in which investigations
had been opened into an alleged crime in Indian country,
including--
``(A) the types of crimes alleged;
``(B) the statuses of the accused as Indians or
non-Indians;
``(C) the statuses of the victims as Indians or
non-Indians; and
``(D) the reasons for deciding against referring
the investigation for prosecution.
``(3) Prosecutorial coordination.--Subject to subsection
(c), if a United States Attorney declines to prosecute, or acts
to terminate prosecution of, an alleged violation of Federal
criminal law in Indian country, the United States Attorney
shall coordinate with the appropriate tribal justice officials
regarding the status of the investigation and the use of
evidence relevant to the case in a tribal court with authority
over the crime alleged.
``(4) Prosecution data.--The United States Attorney shall
submit to the Native American Issues Coordinator to compile, on
an annual basis and by Federal judicial district, information
regarding all declinations of alleged violations of Federal
criminal law that occurred in Indian country that were referred
for prosecution by law enforcement agencies, including--
``(A) the types of crimes alleged;
``(B) the statuses of the accused as Indians or
non-Indians;
``(C) the statuses of the victims as Indians or
non-Indians; and
``(D) the reasons for deciding to decline or
terminate the prosecutions.
``(b) Annual Reports.--The Attorney General shall submit to
Congress annual reports containing, with respect to the applicable
calendar year, the information compiled under paragraphs (2) and (4) of
subsection (a)--
``(1) organized--
``(A) in the aggregate; and
``(B)(i) for the Federal Bureau of Investigation,
by Field Division; and
``(ii) for United States Attorneys, by Federal
judicial district; and
``(2) including any relevant explanatory statements.
``(c) Effect of Section.--
``(1) In general.--Nothing in this section requires any
Federal agency or official to transfer or disclose any
confidential, privileged, or statutorily protected
communication, information, or source to an official of any
Indian tribe.
``(2) Federal rules of criminal procedure.--Nothing in this
section affects or limits the requirements of Rule 6 of the
Federal Rules of Criminal Procedure.
``(3) Regulations.--The Attorney General shall establish,
by regulation, standards for the protection of the confidential
or privileged communications, information, and sources
described in this section.''.
SEC. 103. PROSECUTION OF CRIMES IN INDIAN COUNTRY.
(a) Appointment of Special Prosecutors.--
(1) In general.--Section 543 of title 28, United States
Code, is amended--
(A) in subsection (a), by inserting before the
period at the end the following: ``, including the
appointment of qualified tribal prosecutors and other
qualified attorneys to assist in prosecuting Federal
offenses committed in Indian country''; and
(B) by adding at the end the following:
``(c) Indian Country.--In this section, the term `Indian country'
has the meaning given that term in section 1151 of title 18.''.
(2) Sense of congress regarding consultation.--It is the
sense of Congress that, in appointing attorneys under section
543 of title 28, United States Code, to serve as special
prosecutors in Indian country, the Attorney General should
consult with tribal justice officials of each Indian tribe that
would be affected by the appointment.
(b) Tribal Liaisons.--
(1) In general.--The Indian Law Enforcement Reform Act (25
U.S.C. 2801 et seq.) is amended by adding at the end the
following:
``SEC. 13. ASSISTANT UNITED STATES ATTORNEY TRIBAL LIAISONS.
``(a) Appointment.--The United States Attorney for each district
that includes Indian country shall appoint not less than 1 assistant
United States Attorney to serve as a tribal liaison for the district.
``(b) Duties.--The duties of a tribal liaison shall include the
following:
``(1) Coordinating the prosecution of Federal crimes that
occur in Indian country.
``(2) Developing multidisciplinary teams to combat child
abuse and domestic and sexual violence offenses against
Indians.
``(3) Consulting and coordinating with tribal justice
officials and victims' advocates to address any backlog in the
prosecution of major crimes in Indian country in the district.
``(4) Developing working relationships and maintaining
communication with tribal leaders, tribal community and
victims' advocates, and tribal justice officials to gather
information from, and share appropriate information with,
tribal justice officials.
``(5) Coordinating with tribal prosecutors in cases in
which a tribal government has concurrent jurisdiction over an
alleged crime, in advance of the expiration of any applicable
statute of limitation.
``(6) Providing technical assistance and training regarding
evidence gathering techniques and strategies to address victim
and witness protection to tribal justice officials and other
individuals and entities that are instrumental to responding to
Indian country crimes.
``(7) Conducting training sessions and seminars to certify
special law enforcement commissions to tribal justice officials
and other individuals and entities responsible for responding
to Indian country crimes.
``(8) Coordinating with the Office of Tribal Justice, as
necessary.
``(9) Conducting such other activities to address and
prevent violent crime in Indian country as the applicable
United States Attorney determines to be appropriate.
``(c) Effect of Section.--Nothing in this section limits the
authority of any United States Attorney to determine the duties of a
tribal liaison officer to meet the needs of the Indian tribes located
within the relevant Federal district.
``(d) Enhanced Prosecution of Minor Crimes.--
``(1) In general.--Each United States Attorney serving a
district that includes Indian country is authorized and
encouraged--
``(A) to appoint Special Assistant United States
Attorneys pursuant to section 543(a) of title 28,
United States Code, to prosecute crimes in Indian
country as necessary to improve the administration of
justice, and particularly when--
``(i) the crime rate exceeds the national
average crime rate; or
``(ii) the rate at which criminal offenses
are declined to be prosecuted exceeds the
national average declination rate;
``(B) to coordinate with applicable United States
district courts regarding scheduling of Indian country
matters and holding trials or other proceedings in
Indian country, as appropriate;
``(C) to provide to appointed Special Assistant
United States Attorneys appropriate training,
supervision, and staff support; and
``(D) to provide technical and other assistance to
tribal governments and tribal court systems to ensure
that the goals of this subsection are achieved.
``(2) Sense of congress regarding consultation.--It is the
sense of Congress that, in appointing Special Assistant United
States Attorneys under this subsection, a United States
Attorney should consult with tribal justice officials of each
Indian tribe that would be affected by the appointment.''.
(2) Sense of congress regarding evaluations of tribal
liaisons.--
(A) Findings.--Congress finds that--
(i) many residents of Indian country rely
solely on United States Attorneys offices to
prosecute felony and misdemeanor crimes
occurring on Indian land; and
(ii) tribal liaisons have dual obligations
of--
(I) coordinating prosecutions of
Indian country crime; and
(II) developing relationships with
residents of Indian country and serving
as a link between Indian country
residents and the Federal justice
process.
(B) Sense of congress.--It is the sense of Congress
that the Attorney General should--
(i) take all appropriate actions to
encourage the aggressive prosecution of all
Federal crimes committed in Indian country; and
(ii) when appropriate, take into
consideration the dual responsibilities of
tribal liaisons described in subparagraph
(A)(ii) in evaluating the performance of the
tribal liaisons.
SEC. 104. ADMINISTRATION.
(a) Office of Tribal Justice.--
(1) Definitions.--Section 4 of the Indian Tribal Justice
Technical and Legal Assistance Act of 2000 (25 U.S.C. 3653) is
amended--
(A) by redesignating paragraphs (2) through (7) as
paragraphs (3) through (8), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) Director.--The term `Director' means the Director of
the Office of Tribal Justice.''.
(2) Status.--Title I of the Indian Tribal Justice Technical
and Legal Assistance Act of 2000 is amended--
(A) by redesignating section 106 (25 U.S.C. 3666)
as section 107; and
(B) by inserting after section 105 (25 U.S.C. 3665)
the following:
``SEC. 106. OFFICE OF TRIBAL JUSTICE.
``(a) In General.--Not later than 90 days after the date of
enactment of the Tribal Law and Order Act of 2010, the Attorney General
shall establish the Office of Tribal Justice as a component of the
Department.
``(b) Personnel and Funding.--The Attorney General shall provide to
the Office of Tribal Justice such personnel and funds as are necessary
to establish the Office of Tribal Justice as a component of the
Department under subsection (a).
``(c) Duties.--The Office of Tribal Justice shall--
``(1) serve as the program and legal policy advisor to the
Attorney General with respect to the treaty and trust
relationship between the United States and Indian tribes;
``(2) serve as the point of contact for federally
recognized tribal governments and tribal organizations with
respect to questions and comments regarding policies and
programs of the Department and issues relating to public safety
and justice in Indian country; and
``(3) coordinate with other bureaus, agencies, offices, and
divisions within the Department of Justice to ensure that each
component has an accountable process to ensure meaningful and
timely consultation with tribal leaders in the development of
regulatory policies and other actions that affect--
``(A) the trust responsibility of the United States
to Indian tribes;
``(B) any tribal treaty provision;
``(C) the status of Indian tribes as sovereign
governments; or
``(D) any other tribal interest.''.
(b) Native American Issues Coordinator.--The Indian Law Enforcement
Reform Act (25 U.S.C. 2801 et seq.) (as amended by section 103(b)) is
amended by adding at the end the following:
``SEC. 14. NATIVE AMERICAN ISSUES COORDINATOR.
``(a) Establishment.--There is established in the Executive Office
for United States Attorneys of the Department of Justice a position to
be known as the `Native American Issues Coordinator'.
``(b) Duties.--The Native American Issues Coordinator shall--
``(1) coordinate with the United States Attorneys that have
authority to prosecute crimes in Indian country;
``(2) coordinate prosecutions of crimes of national
significance in Indian country, as determined by the Attorney
General;
``(3) coordinate as necessary with other components of the
Department of Justice and any relevant advisory groups to the
Attorney General or the Deputy Attorney General; and
``(4) carry out such other duties as the Attorney General
may prescribe.''.
TITLE II--STATE ACCOUNTABILITY AND COORDINATION
SEC. 201. STATE CRIMINAL JURISDICTION AND RESOURCES.
(a) Concurrent Authority of United States.--Section 401(a) of the
Indian Civil Rights Act of 1968 (25 U.S.C. 1321(a)) is amended--
(1) by striking the section designation and heading and all
that follows through ``The consent of the United States'' and
inserting the following:
``SEC. 401. ASSUMPTION BY STATE OF CRIMINAL JURISDICTION.
``(a) Consent of United States.--
``(1) In general.--The consent of the United States''; and
(2) by adding at the end the following:
``(2) Concurrent jurisdiction.--At the request of an Indian
tribe, and after consultation with and consent by the Attorney
General, the United States shall accept concurrent jurisdiction
to prosecute violations of sections 1152 and 1153 of title 18,
United States Code, within the Indian country of the Indian
tribe.''.
(b) Applicable Law.--Section 1162 of title 18, United States Code,
is amended by adding at the end the following:
``(d) Notwithstanding subsection (c), at the request of an Indian
tribe, and after consultation with and consent by the Attorney
General--
``(1) sections 1152 and 1153 shall apply in the areas of
the Indian country of the Indian tribe; and
``(2) jurisdiction over those areas shall be concurrent
among the Federal Government, State governments, and, where
applicable, tribal governments.''.
SEC. 202. STATE, TRIBAL, AND LOCAL LAW ENFORCEMENT COOPERATION.
The Attorney General may provide technical and other assistance to
State, tribal, and local governments that enter into cooperative
agreements, including agreements relating to mutual aid, hot pursuit of
suspects, and cross-deputization for the purposes of--
(1) improving law enforcement effectiveness;
(2) reducing crime in Indian country and nearby
communities; and
(3) developing successful cooperative relationships that
effectively combat crime in Indian country and nearby
communities.
TITLE III--EMPOWERING TRIBAL LAW ENFORCEMENT AGENCIES AND TRIBAL
GOVERNMENTS
SEC. 301. TRIBAL POLICE OFFICERS.
(a) Flexibility in Training Law Enforcement Officers Serving Indian
Country.--Section 3(e) of the Indian Law Enforcement Reform Act (25
U.S.C. 2802(e)) (as amended by section 101(b)(4)) is amended--
(1) in paragraph (1)--
(A) by striking ``(e)(1) The Secretary'' and
inserting the following:
``(e) Standards of Education and Experience and Classification of
Positions.--
``(1) Standards of education and experience.--
``(A) In general.--The Secretary''; and
(B) by adding at the end the following:
``(B) Requirements for training.--The training
standards established under subparagraph (A)--
``(i) shall be consistent with standards
accepted by the Federal Law Enforcement
Training Accreditation commission for law
enforcement officers attending similar
programs; and
``(ii) shall include, or be supplemented
by, instruction regarding Federal sources of
authority and jurisdiction, Federal crimes,
Federal rules of criminal procedure, and
constitutional law to bridge the gap between
State training and Federal requirements.
``(C) Training at state, tribal, and local
academies.--Law enforcement personnel of the Office of
Justice Services or an Indian tribe may satisfy the
training standards established under subparagraph (A)
through training at a State or tribal police academy, a
State, regional, local, or tribal college or
university, or other training academy (including any
program at a State, regional, local, or tribal college
or university) that meets the appropriate Peace Officer
Standards of Training.
``(D) Maximum age requirement.--Pursuant to section
3307(e) of title 5, United States Code, the Secretary
may employ as a law enforcement officer under section 4
any individual under the age of 47, if the individual
meets all other applicable hiring requirements for the
applicable law enforcement position.'';
(2) in paragraph (3), by striking ``Agencies'' and
inserting ``agencies''; and
(3) by adding at the end the following:
``(4) Background checks for tribal justice officials.--
``(A) In general.--The Office of Justice Services
shall develop standards and deadlines for the provision
of background checks to tribal law enforcement and
corrections officials.
``(B) Timing.--If a request for a background check
is made by an Indian tribe that has contracted or
entered into a compact for law enforcement or
corrections services with the Bureau of Indian Affairs
pursuant to the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.), the Office of
Justice Services shall complete the check not later
than 60 days after the date of receipt of the request,
unless an adequate reason for failure to respond by
that date is provided to the Indian tribe in
writing.''.
(b) Special Law Enforcement Commissions.--Section 5 of the Indian
Law Enforcement Reform Act (25 U.S.C. 2804) is amended--
(1) by striking ``(a) The Secretary may enter into an
agreement'' and inserting the following:
``(a) Agreements.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Tribal Law and Order Act of 2010, the
Secretary shall establish procedures to enter into memoranda of
agreement'';
(2) in the second sentence, by striking ``The Secretary''
and inserting the following:
``(2) Certain activities.--The Secretary''; and
(3) by adding at the end the following:
``(3) Program enhancement.--
``(A) Training sessions in indian country.--
``(i) In general.--The procedures described
in paragraph (1) shall include the development
of a plan to enhance the certification and
provision of special law enforcement
commissions to tribal law enforcement
officials, and, subject to subsection (d),
State and local law enforcement officials,
pursuant to this section.
``(ii) Inclusions.--The plan under clause
(i) shall include the hosting of regional
training sessions in Indian country, not less
frequently than biannually, to educate and
certify candidates for the special law
enforcement commissions.
``(B) Memoranda of agreement.--
``(i) In general.--Not later than 180 days
after the date of enactment of the Tribal Law
and Order Act of 2010, the Secretary, in
consultation with Indian tribes and tribal law
enforcement agencies, shall develop minimum
requirements to be included in special law
enforcement commission agreements pursuant to
this section.
``(ii) Substance of agreements.--Each
agreement entered into pursuant to this section
shall reflect the status of the applicable
certified individual as a Federal law
enforcement officer under subsection (f),
acting within the scope of the duties described
in section 3(c).
``(iii) Agreement.--Not later than 60 days
after the date on which the Secretary
determines that all applicable requirements
under clause (i) are met, the Secretary shall
offer to enter into a special law enforcement
commission agreement with the Indian tribe.''.
(c) Indian Law Enforcement Foundation.--The Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.) is
amended by adding at the end the following:
``TITLE VII--INDIAN LAW ENFORCEMENT FOUNDATION
``SEC. 701. DEFINITIONS.
``In this title:
``(1) Board.--The term `Board' means the Board of Directors
of the Foundation.
``(2) Bureau.--The term `Bureau' means the Office of
Justice Services of the Bureau of Indian Affairs.
``(3) Committee.--The term `Committee' means the Committee
for the Establishment of the Indian Law Enforcement Foundation
established under section 702(e)(1).
``(4) Foundation.--The term `Foundation' means the Indian
Law Enforcement Foundation established under section 702.
``(5) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``SEC. 702. INDIAN LAW ENFORCEMENT FOUNDATION.
``(a) Establishment.--
``(1) In general.--As soon as practicable after the date of
enactment of this title, the Secretary shall establish, under
the laws of the District of Columbia and in accordance with
this title, a foundation, to be known as the `Indian Law
Enforcement Foundation'.
``(2) Funding determinations.--No funds, gift, property, or
other item of value (including any interest accrued on such an
item) acquired by the Foundation shall--
``(A) be taken into consideration for purposes of
determining Federal appropriations relating to the
provision of public safety or justice services to
Indians; or
``(B) otherwise limit, diminish, or affect the
Federal responsibility for the provision of public
safety or justice services to Indians.
``(b) Nature of Corporation.--The Foundation--
``(1) shall be a charitable and nonprofit federally
chartered corporation; and
``(2) shall not be an agency or instrumentality of the
United States.
``(c) Place of Incorporation and Domicile.--The Foundation shall be
incorporated and domiciled in the District of Columbia.
``(d) Duties.--The Foundation shall--
``(1) encourage, accept, and administer, in accordance with
the terms of each donation, private gifts of real and personal
property, and any income from or interest in such gifts, for
the benefit of, or in support of, public safety and justice
services in American Indian and Alaska Native communities; and
``(2) assist the Office of Justice Services of the Bureau
of Indian Affairs and Indian tribal governments in funding and
conducting activities and providing education to advance and
support the provision of public safety and justice services in
American Indian and Alaska Native communities.
``(e) Committee for the Establishment of the Indian Law Enforcement
Foundation.--
``(1) In general.--The Secretary shall establish a
committee, to be known as the `Committee for the Establishment
of the Indian Law Enforcement Foundation', to assist the
Secretary in establishing the Foundation.
``(2) Duties.--Not later than 180 days after the date of
enactment of this section, the Committee shall--
``(A) carry out such activities as are necessary to
incorporate the Foundation under the laws of the
District of Columbia, including acting as incorporators
of the Foundation;
``(B) ensure that the Foundation qualifies for and
maintains the status required to carry out this
section, until the date on which the Board is
established;
``(C) establish the constitution and initial bylaws
of the Foundation;
``(D) provide for the initial operation of the
Foundation, including providing for temporary or
interim quarters, equipment, and staff; and
``(E) appoint the initial members of the Board in
accordance with the constitution and initial bylaws of
the Foundation.
``(f) Board of Directors.--
``(1) In general.--The Board of Directors shall be the
governing body of the Foundation.
``(2) Powers.--The Board may exercise, or provide for the
exercise of, the powers of the Foundation.
``(3) Selection.--
``(A) In general.--Subject to subparagraph (B), the
number of members of the Board, the manner of selection
of the members (including the filling of vacancies),
and the terms of office of the members shall be as
provided in the constitution and bylaws of the
Foundation.
``(B) Requirements.--
``(i) Number of members.--The Board shall
be composed of not less than 7 members.
``(ii) Initial voting members.--The initial
voting members of the Board--
``(I) shall be appointed by the
Committee not later than 180 days after
the date on which the Foundation is
established; and
``(II) shall serve for staggered
terms.
``(iii) Qualification.--The members of the
Board shall be United States citizens with
knowledge or experience regarding public safety
and justice in Indian and Alaska Native
communities.
``(C) Compensation.--A member of the Board shall
not receive compensation for service as a member, but
shall be reimbursed for actual and necessary travel and
subsistence expenses incurred in the performance of the
duties of the Foundation.
``(g) Officers.--
``(1) In general.--The officers of the Foundation shall
be--
``(A) a Secretary, elected from among the members
of the Board; and
``(B) any other officers provided for in the
constitution and bylaws of the Foundation.
``(2) Chief operating officer.--
``(A) Secretary.--Subject to subparagraph (B), the
Secretary of the Foundation may serve, at the direction
of the Board, as the chief operating officer of the
Foundation.
``(B) Appointment.--The Board may appoint a chief
operating officer in lieu of the Secretary of the
Foundation under subparagraph (A), who shall serve at
the direction of the Board.
``(3) Election.--The manner of election, term of office,
and duties of the officers of the Foundation shall be as
provided in the constitution and bylaws of the Foundation.
``(h) Powers.--The Foundation--
``(1) shall adopt a constitution and bylaws for the
management of the property of the Foundation and the regulation
of the affairs of the Foundation;
``(2) may adopt and alter a corporate seal;
``(3) may enter into contracts;
``(4) may acquire (through gift or otherwise), own, lease,
encumber, and transfer real or personal property as necessary
or convenient to carry out the purposes of the Foundation;
``(5) may sue and be sued; and
``(6) may perform any other act necessary and proper to
carry out the purposes of the Foundation.
``(i) Principal Office.--
``(1) In general.--The principal office of the Foundation
shall be located in the District of Columbia.
``(2) Activities; offices.--The activities of the
Foundation may be conducted, and offices may be maintained,
throughout the United States in accordance with the
constitution and bylaws of the Foundation.
``(j) Service of Process.--The Foundation shall comply with the law
on service of process of each State in which the Foundation is
incorporated and of each State in which the Foundation carries on
activities.
``(k) Liability of Officers, Employees, and Agents.--
``(1) In general.--The Foundation shall be liable for the
acts of the officers, employees, and agents of the Foundation
acting within the scope of the authority of the officers,
employees, and agents.
``(2) Personal liability.--A member of the Board shall be
personally liable only for gross negligence in the performance
of the duties of the member.
``(l) Restrictions.--
``(1) Limitation on spending.--Beginning with the fiscal
year following the first full fiscal year during which the
Foundation is in operation, the administrative costs of the
Foundation shall not exceed the percentage described in
paragraph (2) of the sum of--
``(A) the amounts transferred to the Foundation
under subsection (n) during the preceding fiscal year;
and
``(B) donations received from private sources
during the preceding fiscal year.
``(2) Percentages.--The percentages referred to in
paragraph (1) are--
``(A) for the first 2 fiscal years described in
that paragraph, 25 percent;
``(B) for the following fiscal year, 20 percent;
and
``(C) for each fiscal year thereafter, 15 percent.
``(3) Appointment and hiring.--The appointment of officers
and employees of the Foundation shall be subject to the
availability of funds.
``(4) Status.--A member of the Board or officer, employee,
or agent of the Foundation shall not by reason of association
with the Foundation be considered to be an officer, employee,
or agent of the United States.
``(m) Audits.--The Foundation shall comply with section 10101 of
title 36, United States Code, as if the Foundation were a corporation
under part B of subtitle II of that title.
``(n) Funding.--For each of fiscal years 2011 through 2015, out of
any unobligated amounts available to the Secretary, the Secretary may
use to carry out this section not more than $500,000.
``SEC. 703. ADMINISTRATIVE SERVICES AND SUPPORT.
``(a) Provision of Support by Secretary.--Subject to subsection
(b), during the 5-year period beginning on the date on which the
Foundation is established, the Secretary--
``(1) may provide personnel, facilities, and other
administrative support services to the Foundation;
``(2) may provide funds for initial operating costs and to
reimburse the travel expenses of the members of the Board; and
``(3) shall require and accept reimbursements from the
Foundation for--
``(A) services provided under paragraph (1); and
``(B) funds provided under paragraph (2).
``(b) Reimbursement.--Reimbursements accepted under subsection
(a)(3)--
``(1) shall be deposited in the Treasury of the United
States to the credit of the applicable appropriations account;
and
``(2) shall be chargeable for the cost of providing
services described in subsection (a)(1) and travel expenses
described in subsection (a)(2).
``(c) Continuation of Certain Services.--The Secretary may continue
to provide facilities and necessary support services to the Foundation
after the termination of the 5-year period specified in subsection (a)
if the facilities and services are--
``(1) available; and
``(2) provided on reimbursable cost basis.''.
(d) Technical Amendments.--The Indian Self-Determination and
Education Assistance Act is amended--
(1) by redesignating title V (25 U.S.C. 458bbb et seq.) as
title VIII and moving the title so as to appear at the end of
the Act;
(2) by redesignating sections 501, 502, and 503 (25 U.S.C.
458bbb, 458bbb-1, 458bbb-2) as sections 801, 802, and 803,
respectively; and
(3) in subsection (a)(2) of section 802 and paragraph (2)
of section 803 (as redesignated by paragraph (2)), by striking
``section 501'' and inserting ``section 801''.
(e) Acceptance and Assistance.--Section 5 of the Indian Law
Enforcement Reform Act (25 U.S.C. 2804) is amended by adding at the end
the following:
``(g) Acceptance of Assistance.--The Bureau may accept
reimbursement, resources, assistance, or funding from--
``(1) a Federal, tribal, State, or other government agency;
or
``(2) the Indian Law Enforcement Foundation established
under section 701(a) of the Indian Self-Determination and
Education Assistance Act.''.
SEC. 302. DRUG ENFORCEMENT IN INDIAN COUNTRY.
(a) Education and Research Programs.--Section 502 of the Controlled
Substances Act (21 U.S.C. 872) is amended in subsections (a)(1) and
(c), by inserting `` tribal,'' after ``State,'' each place it appears.
(b) Public-private Education Program.--Section 503 of the
Comprehensive Methamphetamine Control Act of 1996 (21 U.S.C. 872a) is
amended--
(1) in subsection (a), by inserting ``tribal,'' after
``State,''; and
(2) in subsection (b)(2), by inserting ``, tribal,'' after
``State''.
(c) Cooperative Arrangements.--Section 503 of the Controlled
Substances Act (21 U.S.C. 873) is amended--
(1) in subsection (a)--
(A) by inserting ``tribal,'' after ``State,'' each
place it appears; and
(B) in paragraphs (6) and (7), by inserting ``,
tribal,'' after ``State'' each place it appears; and
(2) in subsection (d)(1), by inserting ``, tribal,'' after
``State''.
(d) Powers of Enforcement Personnel.--Section 508(a) of the
Controlled Substances Act (21 U.S.C. 878(a)) is amended in the matter
preceding paragraph (1) by inserting ``, tribal,'' after ``State''.
(e) Effect of Grants.--Nothing in this section or any amendment
made by this section--
(1) allows the grant to be made to, or used by, an entity
for law enforcement activities that the entity lacks
jurisdiction to perform; or
(2) has any effect other than to authorize, award, or deny
a grant of funds to a federally recognized Indian tribe for the
purposes described in the relevant grant program.
SEC. 303. ACCESS TO NATIONAL CRIMINAL INFORMATION DATABASES.
(a) Access to National Criminal Information Databases.--Section 534
of title 28, United States Code, is amended--
(1) in subsection (a)(4), by inserting ``Indian tribes,''
after ``the States,'';
(2) by striking subsection (d) and inserting the following:
``(d) Indian Law Enforcement Agencies.--The Attorney General shall
permit tribal and Bureau of Indian Affairs law enforcement agencies--
``(1) to access and enter information into Federal criminal
information databases; and
``(2) to obtain information from the databases.'';
(3) by redesignating the second subsection (e) as
subsection (f); and
(4) in paragraph (2) of subsection (f) (as redesignated by
paragraph (3)), in the matter preceding subparagraph (A), by
inserting ``, tribal,'' after ``Federal''.
(b) Requirement.--
(1) In general.--The Attorney General shall ensure that
tribal law enforcement officials that meet applicable Federal
or State requirements be permitted access to national crime
information databases.
(2) Sanctions.--For purpose of sanctions for noncompliance
with requirements of, or misuse of, national crime information
databases and information obtained from those databases, a
tribal law enforcement agency or official shall be treated as
Federal law enforcement agency or official.
(3) NCIC.--Each tribal justice official serving an Indian
tribe with criminal jurisdiction over Indian country shall be
considered to be an authorized law enforcement official for
purposes of access to the National Crime Information Center of
the Federal Bureau of Investigation.
SEC. 304. TRIBAL COURT SENTENCING AUTHORITY.
(a) Individual Rights.--Section 202 of the Indian Civil Rights Act
of 1968 (25 U.S.C. 1302), is amended--
(1) in the matter preceding paragraph (1), by striking ``No
Indian tribe'' and inserting the following:
``(a) In General.--No Indian tribe'';
(2) in subsection (a) (as designated by paragraph (1))--
(A) in paragraph (6) by inserting ``(except as
provided in subsection (b)) after ``assistance of
counsel for his defense''; and
(B) by striking paragraph (7) and inserting the
following:
``(7)(A) require excessive bail, impose excessive fines, or
inflict cruel and unusual punishments;
``(B) except as provided in subparagraph (C), impose for
conviction of any 1 offense any penalty or punishment greater
than imprisonment for a term of 1 year or a fine of $5,000, or
both;
``(C) subject to subsection (b), impose for conviction of
any 1 offense any penalty or punishment greater than
imprisonment for a term of 3 years or a fine of $15,000, or
both; or
``(D) impose on a person in a criminal proceeding a total
penalty or punishment greater than imprisonment for a term of 9
years;''; and
(3) by adding at the end the following:
``(b) Offenses Subject to Greater Than 1-year Imprisonment or a
Fine Greater Than $5,000.--A tribal court may subject a defendant to a
term of imprisonment greater than 1 year but not to exceed 3 years for
any 1 offense, or a fine greater than $5,000 but not to exceed $15,000,
or both, if the defendant is a person accused of a criminal offense
who--
``(1) has been previously convicted of the same or a
comparable offense by any jurisdiction in the United States; or
``(2) is being prosecuted for an offense comparable to an
offense that would be punishable by more than 1 year of
imprisonment if prosecuted by the United States or any of the
States.
``(c) Rights of Defendants.--In a criminal proceeding in which an
Indian tribe, in exercising powers of self-government, imposes a total
term of imprisonment of more than 1 year on a defendant, the Indian
tribe shall--
``(1) provide to the defendant the right to effective
assistance of counsel at least equal to that guaranteed by the
United States Constitution; and
``(2) at the expense of the tribal government, provide an
indigent defendant the assistance of a defense attorney
licensed to practice law by any jurisdiction in the United
States that applies appropriate professional licensing
standards and effectively ensures the competence and
professional responsibility of its licensed attorneys;
``(3) require that the judge presiding over the criminal
proceeding--
``(A) has sufficient legal training to preside over
criminal proceedings; and
``(B) is licensed to practice law by any
jurisdiction in the United States;
``(4) prior to charging the defendant, make publicly
available the criminal laws (including regulations and
interpretative documents), rules of evidence, and rules of
criminal procedure (including rules governing the recusal of
judges in appropriate circumstances) of the tribal government;
and
``(5) maintain a record of the criminal proceeding,
including an audio or other recording of the trial proceeding.
``(d) Sentences.--In the case of a defendant sentenced in
accordance with subsections (b) and (c), a tribal court may require the
defendant--
``(1) to serve the sentence--
``(A) in a tribal correctional center that has been
approved by the Bureau of Indian Affairs for long-term
incarceration, in accordance with guidelines to be
developed by the Bureau of Indian Affairs (in
consultation with Indian tribes) not later than 180
days after the date of enactment of the Tribal Law and
Order Act of 2010;
``(B) in the nearest appropriate Federal facility,
at the expense of the United States pursuant to the
Bureau of Prisons tribal prisoner pilot program
described in section 304(c) of the Tribal Law and Order
Act of 2010;
``(C) in a State or local government-approved
detention or correctional center pursuant to an
agreement between the Indian tribe and the State or
local government; or
``(D) in an alternative rehabilitation center of an
Indian tribe; or
``(2) to serve another alternative form of punishment, as
determined by the tribal court judge pursuant to tribal law.
``(e) Definition of Offense.--In this section, the term `offense'
means a violation of a criminal law.
``(f) Effect of Section.--Nothing in this section affects the
obligation of the United States, or any State government that has been
delegated authority by the United States, to investigate and prosecute
any criminal violation in Indian country.''.
(b) Report.--Not later than 4 years after the date of enactment of
this Act, the Attorney General, in coordination with the Secretary of
the Interior, shall submit a report to the appropriate committees of
Congress that includes--
(1) a description of the effectiveness of enhanced tribal
court sentencing authority in curtailing violence and improving
the administration of justice on Indian lands; and
(2) a recommendation of whether enhanced sentencing
authority should be discontinued, enhanced, or maintained at
the level authorized under this division.
(c) Bureau of Prisons Tribal Prisoner Pilot Program.--
(1) In general.--Not later than 120 days after the date of
enactment of this division, the Director of the Bureau of
Prisons shall establish a pilot program under which the Bureau
of Prisons shall accept offenders convicted in tribal court
pursuant to section 202 of the Indian Civil Rights Act of 1968
(25 U.S.C. 1302) (as amended by this section), subject to the
conditions described in paragraph (2).
(2) Conditions.--
(A) In general.--As a condition of participation in
the pilot program described in paragraph (1), the
tribal court shall submit to the Attorney General a
request for confinement of the offender, for approval
by the Attorney General (or a designee) by not later
than 30 days after the date of submission.
(B) Limitations.--Requests for confinement shall be
limited to offenders convicted of a violent crime
(comparable to the violent crimes described in section
1153(a) of title 18, United States Code) for which the
sentence includes a term of imprisonment of 2 or more
years.
(C) Custody conditions.--The imprisonment by the
Bureau of Prisons shall be subject to the conditions
described in section 5003 of title 18, United States
Code, regarding the custody of State offenders, except
that the offender shall be placed in the nearest
available and appropriate Federal facility, and
imprisoned at the expense of the United States.
(D) Cap.--The Bureau of Prisons shall confine not
more than 100 tribal offenders at any time.
(3) Rescinding requests.--
(A) In general.--The applicable tribal government
shall retain the authority to rescind the request for
confinement of a tribal offender by the Bureau of
Prisons under this paragraph at any time during the
sentence of the offender.
(B) Return to tribal custody.--On rescission of a
request under subparagraph (A), a tribal offender shall
be returned to tribal custody.
(4) Reassessment.--If tribal court demand for participation
in this pilot program exceeds 100 tribal offenders, a
representative of the Bureau of Prisons shall notify Congress.
(5) Report.--Not later than 3 years after the date of
establishment of the pilot program, the Attorney General shall
submit to Congress a report describing the status of the
program, including recommendations regarding the future of the
program, if any.
(6) Termination.--Except as otherwise provided by an Act of
Congress, the pilot program under this paragraph shall expire
on the date that is 4 years after the date on which the program
is established.
(d) Grants and Contracts.--Section 1007(b) of the Economic
Opportunity Act of 1964 (42 U.S.C. 2996f(b)) is amended by striking
paragraph (2) and inserting the following:
``(2) to provide legal assistance with respect to any
criminal proceeding, except to provide assistance to a person
charged with an offense in an Indian tribal court;''.
SEC. 305. INDIAN LAW AND ORDER COMMISSION.
The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et seq.) (as
amended by section 104(b)) is amended by adding at the end the
following:
``SEC. 15. INDIAN LAW AND ORDER COMMISSION.
``(a) Establishment.--There is established a commission to be known
as the Indian Law and Order Commission (referred to in this section as
the `Commission').
``(b) Membership.--
``(1) In general.--The Commission shall be composed of 9
members, of whom--
``(A) 3 shall be appointed by the President, in
consultation with--
``(i) the Attorney General; and
``(ii) the Secretary;
``(B) 2 shall be appointed by the Majority Leader
of the Senate, in consultation with the Chairpersons of
the Committees on Indian Affairs and the Judiciary of
the Senate;
``(C) 1 shall be appointed by the Minority Leader
of the Senate, in consultation with the Vice
Chairperson and Ranking Member of the Committees on
Indian Affairs and the Judiciary of the Senate;
``(D) 2 shall be appointed by the Speaker of the
House of Representatives, in consultation with the
Chairpersons of the Committees on the Judiciary and
Natural Resources of the House of Representatives; and
``(E) 1 shall be appointed by the Minority Leader
of the House of Representatives, in consultation with
the Ranking Members of the Committees on the Judiciary
and Natural Resources of the House of Representatives.
``(2) Requirements for eligibility.--Each member of the
Commission shall have significant experience and expertise in--
``(A) the Indian country criminal justice system;
and
``(B) matters to be studied by the Commission.
``(3) Consultation required.--The President, the Speaker
and Minority Leader of the House of Representatives, and the
Majority Leader and Minority Leader of the Senate shall consult
before the appointment of members of the Commission under
paragraph (1) to achieve, to the maximum extent practicable,
fair and equitable representation of various points of view
with respect to the matters to be studied by the Commission.
``(4) Term.--Each member shall be appointed for the life of
the Commission.
``(5) Time for initial appointments.--The appointment of
the members of the Commission shall be made not later than 60
days after the date of enactment of this Act.
``(6) Vacancies.--A vacancy in the Commission shall be
filled--
``(A) in the same manner in which the original
appointment was made; and
``(B) not later than 60 days after the date on
which the vacancy occurred.
``(c) Operation.--
``(1) Chairperson.--Not later than 15 days after the date
on which all members of the Commission have been appointed, the
Commission shall select 1 member to serve as Chairperson of the
Commission.
``(2) Meetings.--
``(A) In general.--The Commission shall meet at the
call of the Chairperson.
``(B) Initial meeting.--The initial meeting shall
take place not later than 30 days after the date
described in paragraph (1).
``(3) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
``(4) Rules.--The Commission may establish, by majority
vote, any rules for the conduct of Commission business, in
accordance with this Act and other applicable law.
``(d) Comprehensive Study of Criminal Justice System Relating to
Indian Country.--The Commission shall conduct a comprehensive study of
law enforcement and criminal justice in tribal communities, including--
``(1) jurisdiction over crimes committed in Indian country
and the impact of that jurisdiction on--
``(A) the investigation and prosecution of Indian
country crimes; and
``(B) residents of Indian land;
``(2) the tribal jail and Federal prisons systems and the
effect of those systems with respect to--
``(A) reducing Indian country crime; and
``(B) rehabilitation of offenders;
``(3)(A) tribal juvenile justice systems and the Federal
juvenile justice system as relating to Indian country; and
``(B) the effect of those systems and related programs in
preventing juvenile crime, rehabilitating Indian youth in
custody, and reducing recidivism among Indian youth;
``(4) the impact of the Indian Civil Rights Act of 1968 (25
U.S.C. 1301 et seq.) on--
``(A) the authority of Indian tribes;
``(B) the rights of defendants subject to tribal
government authority; and
``(C) the fairness and effectiveness of tribal
criminal systems; and
``(5) studies of such other subjects as the Commission
determines relevant to achieve the purposes of the Tribal Law
and Order Act of 2010.
``(e) Recommendations.--Taking into consideration the results of
the study under paragraph (1), the Commission shall develop
recommendations on necessary modifications and improvements to justice
systems at the tribal, Federal, and State levels, including
consideration of--
``(1) simplifying jurisdiction in Indian country;
``(2) improving services and programs--
``(A) to prevent juvenile crime on Indian land;
``(B) to rehabilitate Indian youth in custody; and
``(C) to reduce recidivism among Indian youth;
``(3) adjustments to the penal authority of tribal courts
and exploring alternatives to incarceration;
``(4) the enhanced use of chapter 43 of title 28, United
States Code (commonly known as `the Federal Magistrates Act')
in Indian country;
``(5) effective means of protecting the rights of victims
and defendants in tribal criminal justice systems (including
defendants incarcerated for a period of less than 1 year);
``(6) changes to the tribal jails and Federal prison
systems; and
``(7) other issues that, as determined by the Commission,
would reduce violent crime in Indian country.
``(f) Report.--Not later than 2 years after the date of enactment
of this Act, the Commission shall submit to the President and Congress
a report that contains--
``(1) a detailed statement of the findings and conclusions
of the Commission; and
``(2) the recommendations of the Commission for such
legislative and administrative actions as the Commission
considers to be appropriate.
``(g) Powers.--
``(1) Hearings.--
``(A) In general.--The Commission may hold such
hearings, meet and act at such times and places, take
such testimony, and receive such evidence as the
Commission considers to be advisable to carry out the
duties of the Commission under this section.
``(B) Public requirement.--The hearings of the
Commission under this paragraph shall be open to the
public.
``(2) Witness expenses.--
``(A) In general.--A witness requested to appear
before the Commission shall be paid the same fees and
allowances as are paid to witnesses under section 1821
of title 28, United States Code.
``(B) Per diem and mileage.--The fees and
allowances for a witness shall be paid from funds made
available to the Commission.
``(3) Information from federal, tribal, and state
agencies.--
``(A) In general.--The Commission may secure
directly from a Federal agency such information as the
Commission considers to be necessary to carry out this
section.
``(B) Tribal and state agencies.--The Commission
may request the head of any tribal or State agency to
provide to the Commission such information as the
Commission considers to be necessary to carry out this
section.
``(4) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other agencies of the Federal Government.
``(5) Gifts.--The Commission may accept, use, and dispose
of gifts or donations of services or property.
``(h) Commission Personnel Matters.--
``(1) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business of
the member in the performance of the duties of the Commission.
``(2) Detail of federal employees.--On the affirmative vote
of \2/3\ of the members of the Commission and the approval of
the appropriate Federal agency head, an employee of the Federal
Government may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status, benefits, or privileges.
``(3) Procurement of temporary and intermittent services.--
On request of the Commission, the Attorney General shall
provide to the Commission, on a reimbursable basis, reasonable
and appropriate office space, supplies, and administrative
assistance.
``(i) Contracts for Research.--
``(1) Researchers and experts.--
``(A) In general.--On an affirmative vote of \2/3\
of the members of the Commission, the Commission may
select nongovernmental researchers and experts to
assist the Commission in carrying out the duties of the
Commission under this section.
``(B) National institute of justice.--The National
Institute of Justice may enter into a contract with the
researchers and experts selected by the Commission
under subparagraph (A) to provide funding in exchange
for the services of the researchers and experts.
``(2) Other organizations.--Nothing in this subsection
limits the ability of the Commission to enter into contracts
with any other entity or organization to carry out research
necessary to carry out the duties of the Commission under this
section.
``(j) Tribal Advisory Committee.--
``(1) Establishment.--The Commission shall establish a
committee, to be known as the `Tribal Advisory Committee'.
``(2) Membership.--
``(A) Composition.--The Tribal Advisory Committee
shall consist of 2 representatives of Indian tribes
from each region of the Bureau of Indian Affairs.
``(B) Qualifications.--Each member of the Tribal
Advisory Committee shall have experience relating to--
``(i) justice systems;
``(ii) crime prevention; or
``(iii) victim services.
``(3) Duties.--The Tribal Advisory Committee shall--
``(A) serve as an advisory body to the Commission;
and
``(B) provide to the Commission advice and
recommendations, submit materials, documents,
testimony, and such other information as the Commission
determines to be necessary to carry out the duties of
the Commission under this section.
``(k) Funding.--For the fiscal year after the date of enactment of
the Tribal Law and Order Act of 2010, out of any unobligated amounts
available to the Secretary of the Interior or the Attorney General, the
Secretary or the Attorney General may use to carry out this section not
more than $2,000,000.
``(l) Termination of Commission.--The Commission shall terminate 90
days after the date on which the Commission submits the report of the
Commission under subsection (f).
``(m) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Commission.''.
SEC. 306. EXEMPTION FOR TRIBAL DISPLAY MATERIALS.
(a) In General.--Section 845(a) of title 18, United States Code is
amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``and''; and
(3) by adding at the end the following:
``(7) the transportation, shipment, receipt, or importation
of display fireworks materials for delivery to a federally
recognized Indian tribe or tribal agency.''.
(b) Definition of Indian Tribe.--Section 841 of title 18, United
States Code is amended by adding at the end the following:
``(t) Indian Tribe.--The term `Indian tribe' has the meaning given
the term in section 102 of the Federally Recognized Indian Tribe List
Act of 1994 (25 U.S.C. 479a)).''.
(c) Technical Amendments.--Section 845 of title 18, United States
Code is amended--
(1) in subsection (a), by striking ``subsections'' in the
first place it appears and inserting ``subsection''; and
(2) in subsection (b), by striking ``Secretary'' each place
it appears and inserting ``Attorney General''.
TITLE IV--TRIBAL JUSTICE SYSTEMS
SEC. 401. INDIAN ALCOHOL AND SUBSTANCE ABUSE.
(a) Correction of References.--
(1) Inter-departmental memorandum of agreement.--Section
4205 of the Indian Alcohol and Substance Abuse Prevention and
Treatment Act of 1986 (25 U.S.C. 2411) is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``Not later than
120 days after the date of enactment of
this subtitle'' and inserting ``Not
later than 1 year after the date of
enactment of the Tribal Law and Order
Act of 2010''; and
(II) by inserting ``, the Attorney
General,'' after ``Secretary of the
Interior'';
(ii) in paragraph (2)(A), by inserting ``,
Office of Justice Programs, Substance Abuse and
Mental Health Services Administration,'' after
``Bureau of Indian Affairs,'';
(iii) in paragraph (4), by inserting ``,
Department of Justice, Substance Abuse and
Mental Health Services Administration,'' after
``Bureau of Indian Affairs'';
(iv) in paragraph (5), by inserting ``,
Department of Justice, Substance Abuse and
Mental Health Services Administration,'' after
``Bureau of Indian Affairs'';
(v) in paragraph (7), by inserting ``, the
Attorney General,'' after ``Secretary of the
Interior'';
(B) in subsection (c), by inserting ``, the
Attorney General,'' after ``Secretary of the
Interior''; and
(C) in subsection (d), by striking ``the date of
enactment of this subtitle'' and inserting ``the date
of enactment of the Tribal Law and Order Act of 2010''.
(2) Tribal action plans.--Section 4206 of the Indian
Alcohol and Substance Abuse Prevention and Treatment Act of
1986 (25 U.S.C. 2412) is amended--
(A) in subsection (b), in the first sentence, by
inserting ``, the Office of Justice Programs, the
Substance Abuse and Mental Health Services
Administration,'' before ``and the Indian Health
Service service unit'';
(B) in subsection (c)(1)(A)(i), by inserting ``,
the Office of Justice Programs, the Substance Abuse and
Mental Health Services Administration,'' before ``and
the Indian Health Service service unit'';
(C) in subsection (d)(2), by striking ``fiscal year
1993 and such sums as are necessary for each of the
fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and
2000'' and inserting ``the period of fiscal years 2011
through 2015'';
(D) in subsection (e), in the first sentence, by
inserting ``, the Attorney General,'' after ``the
Secretary of the Interior''; and
(E) in subsection (f)(3), by striking ``fiscal year
1993 and such sums as are necessary for each of the
fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and
2000'' and inserting ``fiscal years 2011 through
2015''.
(3) Departmental responsibility.--Section 4207 of the
Indian Alcohol and Substance Abuse Prevention and Treatment Act
of 1986 (25 U.S.C. 2413) is amended--
(A) in subsection (a), by inserting ``, the
Attorney General'' after ``Bureau of Indian Affairs'';
(B) in subsection (b)--
(i) by striking paragraph (1) and inserting
the following:
``(1) Establishment.--
``(A) In general.--To improve coordination among
the Federal agencies and departments carrying out this
subtitle, there is established within the Substance
Abuse and Mental Health Services Administration an
office, to be known as the `Office of Indian Alcohol
and Substance Abuse' (referred to in this section as
the `Office').
``(B) Director.--The director of the Office shall
be appointed by the Administrator of the Substance
Abuse and Mental Health Services Administration--
``(i) on a permanent basis; and
``(ii) at a grade of not less than GS-15 of
the General Schedule.'';
(ii) in paragraph (2)--
(I) by striking ``(2) In addition''
and inserting the following:
``(2) Responsibilities of office.--In addition'';
(II) by striking subparagraph (A)
and inserting the following:
``(A) coordinating with other agencies to monitor
the performance and compliance of the relevant Federal
programs in achieving the goals and purposes of this
subtitle and the Memorandum of Agreement entered into
under section 4205;'';
(III) in subparagraph (B)--
(aa) by striking ``within
the Bureau of Indian Affairs'';
and
(bb) by striking the period
at the end and inserting ``;
and''; and
(IV) by adding at the end the
following:
``(C) not later than 1 year after the date of
enactment of the Tribal Law and Order Act of 2010,
developing, in coordination and consultation with
tribal governments, a framework for interagency and
tribal coordination that--
``(i) establish the goals and other desired
outcomes of this Act;
``(ii) prioritizes outcomes that are
aligned with the purposes of affected agencies;
``(iii) provides guidelines for resource
and information sharing;
``(iv) provides technical assistance to the
affected agencies to establish effective and
permanent interagency communication and
coordination; and
``(v) determines whether collaboration is
feasible, cost-effective, and within agency
capability.''; and
(iii) by striking paragraph (3) and
inserting the following:
``(3) Appointment of employees.--The Administrator of the
Substance Abuse and Mental Health Services Administration shall
appoint such employees to work in the Office, and shall provide
such funding, services, and equipment, as may be necessary to
enable the Office to carry out the responsibilities under this
subsection.''; and
(C) in subsection (c)--
(i) by striking ``of Alcohol and Substance
Abuse'' each place it appears;
(ii) in paragraph (1), in the second
sentence, by striking ``The Assistant Secretary
of the Interior for Indian Affairs'' and
inserting ``The Administrator of the Substance
Abuse and Mental Health Services
Administration''; and
(iii) in paragraph (3)--
(I) in the matter preceding
subparagraph (A), by striking ``Youth''
and inserting ``youth''; and
(II) by striking ``programs of the
Bureau of Indian Affairs'' and
inserting ``the applicable Federal
programs''.
(4) Review of programs.--Section 4208a(a) of the Indian
Alcohol and Substance Abuse Prevention and Treatment Act of
1986 (25 U.S.C. 2414a(a)) is amended in the matter preceding
paragraph (1) by inserting ``, the Attorney General,'' after
``the Secretary of the Interior''.
(5) Federal facilities, property, and equipment.--Section
4209 of the Indian Alcohol and Substance Abuse Prevention and
Treatment Act of 1986 (25 U.S.C. 2415) is amended--
(A) in subsection (a), by inserting ``, the
Attorney General,'' after ``the Secretary of the
Interior'';
(B) in subsection (b)--
(i) in the first sentence, by inserting ``,
the Attorney General,'' after ``the Secretary
of the Interior'';
(ii) in the second sentence, by inserting
``, nor the Attorney General,'' after ``the
Secretary of the Interior''; and
(iii) in the third sentence, by inserting
``, the Department of Justice,'' after ``the
Department of the Interior''; and
(C) in subsection (c)(1), by inserting ``, the
Attorney General,'' after ``the Secretary of the
Interior''.
(6) Review.--Section 4211(a) of the Indian Alcohol and
Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C.
2431(a)) is amended in the matter preceding paragraph (1) by
inserting ``, the Attorney General,'' after ``the Secretary of
the Interior''.
(b) Indian Education Programs.--Section 4212 of the Indian Alcohol
and Substance Abuse Prevention Act of 1986 (25 U.S.C. 2432) is amended
by striking subsection (a) and inserting the following:
``(a) Summer Youth Programs.--
``(1) In general.--The head of the Indian Alcohol and
Substance Abuse Program, in coordination with the Assistant
Secretary for Indian Affairs, shall develop and implement
programs in tribal schools and schools funded by the Bureau of
Indian Education (subject to the approval of the local school
board or contract school board) to determine the effectiveness
of summer youth programs in advancing the purposes and goals of
this Act.
``(2) Costs.--The head of the Indian Alcohol and Substance
Abuse Program and the Assistant Secretary shall defray all
costs associated with the actual operation and support of the
summer youth programs in a school from funds appropriated to
carry out this subsection.
``(3) Authorization of appropriations.--There are
authorized to be appropriated to carry out the programs under
this subsection $5,000,000 for each of fiscal years 2011
through 2015.''.
(c) Emergency Shelters.--Section 4213(e) of the Indian Alcohol and
Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C.
2433(e)) is amended--
(1) in paragraph (1), by striking ``fiscal year 1993 and
such sums as may be necessary for each of the fiscal years
1994, 1995, 1996, 1997, 1998, 1999, and 2000.'' and inserting
``each of fiscal years 2011 through 2015.'';
(2) in paragraph (2), by striking ``each of the fiscal
years 1994, 1995, 1996, 1997, 1998, 1999, and 2000.'' and
inserting ``each of fiscal years 2011 through 2015.''; and
(3) by indenting paragraphs (4) and (5) appropriately.
(d) Review of Programs.--Section 4215(a) of the Indian Alcohol and
Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C.
2441(a)) is amended by inserting ``, the Attorney General,'' after
``the Secretary of the Interior''.
(e) Illegal Narcotics Trafficking; Source Eradication.--Section
4216 of the Indian Alcohol and Substance Abuse Prevention and Treatment
Act of 1986 (25 U.S.C. 2442) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking the
comma at the end and inserting a semicolon;
(ii) in subparagraph (B), by striking ``,
and'' at the end and inserting a semicolon;
(iii) in subparagraph (C), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(D) the Blackfeet Nation of Montana for the
investigation and control of illegal narcotics traffic
on the Blackfeet Indian Reservation along the border
with Canada.'';
(B) in paragraph (2), by striking ``United States
Custom Service'' and inserting ``United States Customs
and Border Protection, the Bureau of Immigration and
Customs Enforcement, and the Drug Enforcement
Administration''; and
(C) by striking paragraph (3) and inserting the
following:
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $2,000,000 for
each of fiscal years 2011 through 2015.''; and
(2) in subsection (b)(2), by striking ``for the fiscal year
1993 and such sums as may be necessary for each of the fiscal
years 1994, 1995, 1996, 1997, 1998, 1999, and 2000'' and ``for
each of fiscal years 2011 through 2015.''.
(f) Law Enforcement and Judicial Training.--Section 4218 of the
Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986
(25 U.S.C. 2451) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Training Programs.--
``(1) In general.--The Secretary of the Interior, in
coordination with the Attorney General, the Administrator of
the Drug Enforcement Administration, and the Director of the
Federal Bureau of Investigation, shall ensure, through the
establishment of a new training program or by supplementing
existing training programs, that all Bureau of Indian Affairs
and tribal law enforcement and judicial personnel have access
to training regarding--
``(A) the investigation and prosecution of offenses
relating to illegal narcotics; and
``(B) alcohol and substance abuse prevention and
treatment.
``(2) Youth-related training.--Any training provided to
Bureau of Indian Affairs or tribal law enforcement or judicial
personnel under paragraph (1) shall include training in issues
relating to youth alcohol and substance abuse prevention and
treatment.''; and
(2) in subsection (b), by striking ``as may be necessary''
and all that follows through the end of the subsection and
inserting ``as are necessary for each of fiscal years 2011
through 2015.''.
(g) Juvenile Detention Centers.--Section 4220 of the Indian Alcohol
and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C.
2453) is amended--
(1) in subsection (a)--
(A) by striking ``The Secretary'' the first place
it appears and inserting the following:
``(1) In general.--The Secretary'';
(B) in the second sentence, by striking ``The
Secretary shall'' and inserting the following:
``(2) Construction and operation.--The Secretary shall'';
and
(C) by adding at the end the following:
``(3) Development of plan.--
``(A) In general.--Not later than 1 year after the
date of enactment of this paragraph, the Secretary and
the Attorney General, in consultation with tribal
leaders and tribal justice officials, shall develop a
long-term plan for the construction, renovation, and
operation of Indian juvenile detention and treatment
centers and alternatives to detention for juvenile
offenders.
``(B) Coordination.--The plan under subparagraph
(A) shall require the Bureau of Indian Education and
the Indian Health Service to coordinate with tribal and
Bureau of Indian Affairs juvenile detention centers to
provide services to those centers.''; and
(2) in paragraphs (1) and (2) of subsection (b)--
(A) by striking ``for fiscal year 1993 and such
sums as may be necessary for each of the fiscal years
1994, 1995, 1996, 1997, 1998, 1999, and 2000'' each
place it appears and inserting ``for each of fiscal
years 2011 through 2015''; and
(B) by indenting paragraph (2) appropriately.
SEC. 402. INDIAN TRIBAL JUSTICE; TECHNICAL AND LEGAL ASSISTANCE.
(a) Indian Tribal Justice.--
(1) Base support funding.--Section 103(b) of the Indian
Tribal Justice Act (25 U.S.C. 3613(b)) is amended by striking
paragraph (2) and inserting the following:
``(2) the employment of tribal court personnel, including
tribal court judges, prosecutors, public defenders, appointed
defense counsel, guardians ad litem, and court-appointed
special advocates for children and juveniles;''.
(2) Tribal justice systems.--Section 201 of the Indian
Tribal Justice Act (25 U.S.C. 3621) is amended--
(A) in subsection (a)--
(i) by striking ``the provisions of
sections 101 and 102 of this Act'' and
inserting ``sections 101 and 102''; and
(ii) by striking ``the fiscal years 2000
through 2007'' and inserting ``fiscal years
2011 through 2015'';
(B) in subsection (b)--
(i) by striking ``the provisions of section
103 of this Act'' and inserting ``section
103''; and
(ii) by striking ``the fiscal years 2000
through 2007'' and inserting ``fiscal years
2011 through 2015'';
(C) in subsection (c), by striking ``the fiscal
years 2000 through 2007'' and inserting ``fiscal years
2011 through 2015''; and
(D) in subsection (d), by striking ``the fiscal
years 2000 through 2007'' and inserting ``fiscal years
2011 through 2015''.
(b) Technical and Legal Assistance.--
(1) Tribal civil legal assistance grants.--Section 102 of
the Indian Tribal Justice Technical and Legal Assistance Act of
2000 (25 U.S.C. 3662) is amended by inserting ``(including
guardians ad litem and court-appointed special advocates for
children and juveniles)'' after ``civil legal assistance''.
(2) Tribal criminal legal assistance grants.--Section 103
of the Indian Tribal Justice Technical and Legal Assistance Act
of 2000 (25 U.S.C. 3663) is amended by striking ``criminal
legal assistance to members of Indian tribes and tribal justice
systems'' and inserting ``defense counsel services to all
defendants in tribal court criminal proceedings and prosecution
and judicial services for tribal courts''.
(3) Funding.--The Indian Tribal Justice Technical and Legal
Assistance Act of 2000 is amended--
(A) in section 107 (as redesignated by section
104(a)(2)(A)), by striking ``2000 through 2004'' and
inserting ``2011 through 2015''; and
(B) in section 201(d) (25 U.S.C. 3681(d)), by
striking ``2000 through 2004'' and inserting ``2011
through 2015''.
SEC. 403. TRIBAL RESOURCES GRANT PROGRAM.
Section 1701 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796dd) is amended--
(1) in subsection (b)--
(A) in each of paragraphs (1) through (4) and (6)
through (17), by inserting ``to'' after the paragraph
designation;
(B) in paragraph (1), by striking ``State and'' and
inserting ``State, tribal, or'';
(C) in paragraphs (9) and (10), by inserting ``,
tribal,'' after ``State'' each place it appears;
(D) in paragraph (15)--
(i) by striking ``a State in'' and
inserting ``a State or Indian tribe in'';
(ii) by striking ``the State which'' and
inserting ``the State or tribal community
that''; and
(iii) by striking ``a State or'' and
inserting ``a State, tribal, or'';
(E) in paragraph (16), by striking ``and'' at the
end
(F) in paragraph (17), by striking the period at
the end and inserting ``; and'';
(G) by redesignating paragraphs (6) through (17) as
paragraphs (5) through (16), respectively; and
(H) by adding at the end the following:
``(17) to permit tribal governments receiving direct law
enforcement services from the Bureau of Indian Affairs to
access the program under this section for use in accordance
with paragraphs (1) through (16).''.
(2) in subsection (i), by striking ``The authority'' and
inserting ``Except as provided in subsection (j), the
authority''; and
(3) by adding at the end the following:
``(j) Grants to Indian Tribes.--
``(1) In general.--Notwithstanding subsection (i) and
section 1703, and in acknowledgment of the Federal nexus and
distinct Federal responsibility to address and prevent crime in
Indian country, the Attorney General shall provide grants under
this section to Indian tribal governments, for fiscal year 2011
and any fiscal year thereafter, for such period as the Attorney
General determines to be appropriate to assist the Indian
tribal governments in carrying out the purposes described in
subsection (b).
``(2) Priority of funding.--In providing grants to Indian
tribal governments under this subsection, the Attorney General
shall take into consideration reservation crime rates and
tribal law enforcement staffing needs of each Indian tribal
government.
``(3) Federal share.--Because of the Federal nature and
responsibility for providing public safety on Indian land, the
Federal share of the cost of any activity carried out using a
grant under this subsection--
``(A) shall be 100 percent; and
``(B) may be used to cover indirect costs.
``(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $40,000,000 for
each of fiscal years 2011 through 2015.
``(k) Report.--Not later than 180 days after the date of enactment
of this subsection, the Attorney General shall submit to Congress a
report describing the extent and effectiveness of the Community
Oriented Policing (COPS) initiative as applied in Indian country,
including particular references to--
``(1) the problem of intermittent funding;
``(2) the integration of COPS personnel with existing law
enforcement authorities; and
``(3) an explanation of how the practice of community
policing and the broken windows theory can most effectively be
applied in remote tribal locations.''.
SEC. 404. TRIBAL JAILS PROGRAM.
(a) In General.--Section 20109 of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13709) is amended by striking
subsection (a) and inserting the following:
``(a) Reservation of Funds.--Notwithstanding any other provision of
this part, of amounts made available to the Attorney General to carry
out programs relating to offender incarceration, the Attorney General
shall reserve $35,000,000 for each of fiscal years 2011 through 2015 to
carry out this section.''.
(b) Regional Detention Centers.--
(1) In general.--Section 20109 of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 13709) is amended by
striking subsection (b) and inserting the following:
``(b) Grants to Indian Tribes.--
``(1) In general.--From the amounts reserved under
subsection (a), the Attorney General shall provide grants--
``(A) to Indian tribes for purposes of--
``(i) construction and maintenance of jails
on Indian land for the incarceration of
offenders subject to tribal jurisdiction;
``(ii) entering into contracts with private
entities to increase the efficiency of the
construction of tribal jails; and
``(iii) developing and implementing
alternatives to incarceration in tribal jails;
``(B) to Indian tribes for the construction of
tribal justice centers that combine tribal police,
courts, and corrections services to address violations
of tribal civil and criminal laws;
``(C) to consortia of Indian tribes for purposes of
constructing and operating regional detention centers
on Indian land for long-term incarceration of offenders
subject to tribal jurisdiction, as the applicable
consortium determines to be appropriate.
``(2) Priority of funding.--in providing grants under this
subsection, the Attorney General shall take into consideration
applicable--
``(A) reservation crime rates;
``(B) annual tribal court convictions; and
``(C) bed space needs.
``(3) Federal share.--Because of the Federal nature and
responsibility for providing public safety on Indian land, the
Federal share of the cost of any activity carried out using a
grant under this subsection shall be 100 percent.''.
(2) Conforming amendment.--Section 20109(c) of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
13709(c)) is amended by inserting ``or consortium of Indian
tribes, as applicable,'' after ``Indian tribe''.
(3) Long-term plan.--Section 20109 of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 13709) is
amended by adding at the end the following:
``(d) Long-term Plan.--Not later than 1 year after the date of
enactment of this subsection, the Attorney General, in coordination
with the Bureau of Indian Affairs and in consultation with tribal
leaders, tribal law enforcement officers, and tribal corrections
officials, shall submit to Congress a long-term plan to address
incarceration in Indian country, including--
``(1) a description of proposed activities for--
``(A) construction, operation, and maintenance of
juvenile (in accordance with section 4220(a)(3) of the
Indian Alcohol and Substance Abuse Prevention and
Treatment Act of 1986 (25 U.S.C. 2453(a)(3)) and adult
detention facilities (including regional facilities) in
Indian country;
``(B) contracting with State and local detention
centers, on approval of the affected tribal
governments; and
``(C) alternatives to incarceration, developed in
cooperation with tribal court systems;
``(2) an assessment and consideration of the construction
of Federal detention facilities in Indian country; and
``(3) any other alternatives as the Attorney General, in
coordination with the Bureau of Indian Affairs and in
consultation with Indian tribes, determines to be necessary.''.
SEC. 405. TRIBAL PROBATION OFFICE LIAISON PROGRAM.
Title II of the Indian Tribal Justice Technical and Legal
Assistance Act of 2000 (25 U.S.C. 3681 et seq.) is amended by adding at
the end the following:
``SEC. 203. ASSISTANT PROBATION OFFICERS.
``To the maximum extent practicable, the chief judge or chief
probation or pretrial services officer of each judicial district, in
coordination with the Office of Tribal Justice and the Office of
Justice Services, shall--
``(1) appoint individuals residing in Indian country to
serve as probation or pretrial services officers or assistants
for purposes of monitoring and providing services to Federal
prisoners residing in Indian country; and
``(2) provide substance abuse, mental health, and other
related treatment services to offenders residing on Indian
land.''.
SEC. 406. TRIBAL YOUTH PROGRAM.
(a) Incentive Grants for Local Delinquency Prevention Programs.--
Section 504 of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5783) is amended--
(1) in subsection (a), by inserting ``, or to federally
recognized Indian tribe or consortia of federally recognized
Indian tribes under subsection (d)'' after ``subsection (b)'';
and
(2) by adding at the end the following:
``(d) Grants for Tribal Delinquency Prevention and Response
Programs.--
``(1) In general.--The Administrator shall make grants
under this section, on a competitive basis, to eligible Indian
tribes or consortia of Indian tribes, as described in paragraph
(2)--
``(A) to support and enhance--
``(i) tribal juvenile delinquency
prevention services; and
``(ii) the ability of Indian tribes to
respond to, and care for, juvenile offenders;
and
``(B) to encourage accountability of Indian tribal
governments with respect to preventing juvenile
delinquency and responding to, and caring for, juvenile
offenders.
``(2) Eligible indian tribes.--To be eligible to receive a
grant under this subsection, an Indian tribe or consortium of
Indian tribes shall submit to the Administrator an application
in such form and containing such information as the
Administrator may require.
``(3) Considerations.--In providing grants under this
subsection, the Administrator shall take into consideration,
with respect to the Indian tribe to be served, the--
``(A) juvenile crime rates;
``(B) dropout rates; and
``(C) number of at-risk youth.
``(4) Authorization of appropriations.--There is authorized
to be appropriated $25,000,000 for each of fiscal years 2011
through 2015.''.
(b) Coordinating Council on Juvenile Justice and Delinquency
Prevention.--Section 206(a)(2) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5616(a)(2)) is amended--
(1) in subparagraph (A), by striking ``Nine'' and inserting
``Ten''; and
(2) in subparagraph (B), by adding at the end the
following:
``(iv) One member shall be appointed by the
Chairman of the Committee on Indian Affairs of
the Senate, in consultation with the Vice
Chairman of that Committee and the Chairman and
Ranking Member of the Committee on Natural
Resources of the House of Representatives.''.
SEC. 407. IMPROVING PUBLIC SAFETY PRESENCE IN RURAL ALASKA.
(a) Definitions.--In this section:
(1) State.--
(A) In general.--The term ``State'' means the State
of Alaska.
(B) Inclusion.--The term ``State'' includes any
political subdivision of the State of Alaska.
(2) Village public safety officer.--The term ``village
public safety officer'' means an individual employed as a
village public safety officer under the program established by
the State pursuant to Alaska Statute 18.65.670.
(3) Tribal organization.--The term ``tribal organization''
has the meaning given that term in section 4 of the Indian
Self-Determination and Educational Assistance Act (25 U.S.C.
450b(l)).
(b) COPS Grants.--The State and any Indian tribe or tribal
organization in the State that employs a village public safety officer
shall be eligible to apply for a grant under section 1701 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd)
(provided that only an Indian tribe or tribal organization may receive
a grant under the tribal resources grant program under subsection (j)
of that section) on an equal basis with other eligible applicants for
funding under that section.
(c) Staffing for Adequate Fire and Emergency Response Grants.--The
State and any Indian tribe or tribal organization in the State that
employs a village public safety officer shall be eligible to apply for
a grant under the Staffing for Adequate Fire and Emergency Response
program under section 34 of the Federal Fire Prevention and Control Act
of 1974 (15 U.S.C. 2229a) on an equal basis with other eligible
applicants for funding under that program.
(d) Training for Village Public Safety Officers and Tribal Law
Enforcement Positions Funded Under COPS Program.--
(1) In general.--Any village public safety officer or
tribal law enforcement officer in the State shall be eligible
to participate in any training program offered at the Indian
Police Academy of the Federal Law Enforcement Training Center.
(2) Funding.--Funding received pursuant to grants approved
under section 1701 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd) may be used for training
of officers at programs described in paragraph (1) or at a
police academy in the State certified by the Alaska Police
Standards Council.
(e) Funds for Courts of Law Enforcement Officers.--Section 112(a)
of the Consolidated Appropriations Act, 2004 (Public Law 108-199; 118
Stat. 62) is amended--
(1) by striking paragraph (1);
(2) by redesignating subparagraphs (A) and (B) of paragraph
(2) as paragraphs (1) and (2), respectively, and indenting
appropriately; and
(3) by redesignating clauses (i) through (iv) of paragraph
(2) (as so redesignated) as subparagraphs (A) through (D),
respectively, and indenting appropriately.
TITLE V--INDIAN COUNTRY CRIME DATA COLLECTION AND INFORMATION SHARING
SEC. 501. TRACKING OF CRIMES COMMITTED IN INDIAN COUNTRY.
(a) Gang Violence.--Section 1107 of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (28 U.S.C. 534 note;
Public Law 109-162) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (8) through (12) as
paragraphs (9) through (13), respectively;
(B) by inserting after paragraph (7) the following:
``(8) the Office of Justice Services of the Bureau of
Indian Affairs;'';
(C) in paragraph (9) (as redesignated by
subparagraph (A)), by striking ``State'' and inserting
``tribal, State,''; and
(D) in paragraphs (10) through (12) (as
redesignated by subparagraph (A)), by inserting
``tribal,'' before ``State,'' each place it appears;
and
(2) in subsection (b), by inserting ``tribal,'' before
``State,'' each place it appears.
(b) Bureau of Justice Statistics.--Section 302 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3732) is amended--
(1) in subsection (c)--
(A) in each of paragraphs (3) through (6), by
inserting ``tribal,'' after ``State,'' each place it
appears;
(B) in paragraph (7), by inserting ``and in Indian
country'' after ``States'';
(C) in paragraph (9), by striking ``Federal and
State Governments'' and inserting ``Federal Government
and State and tribal governments'';
(D) in each of paragraphs (10) and (11), by
inserting ``, tribal,'' after ``State'' each place it
appears;
(E) in paragraph (13), by inserting ``, Indian
tribes,'' after ``States'';
(F) in paragraph (17)--
(i) by striking ``State and local'' and
inserting ``State, tribal, and local''; and
(ii) by striking ``State, and local'' and
inserting ``State, tribal, and local'';
(G) in paragraph (18), by striking ``State and
local'' and inserting ``State, tribal, and local'';
(H) in paragraph (19), by inserting ``and tribal''
after ``State'' each place it appears;
(I) in paragraph (20), by inserting ``, tribal,''
after ``State''; and
(J) in paragraph (22), by inserting ``, tribal,''
after ``Federal'';
(2) in subsection (d)--
(A) by redesignating paragraphs (1) through (6) as
subparagraphs (A) through (F), respectively, and
indenting the subparagraphs appropriately;
(B) by striking ``To insure'' and inserting the
following:
``(1) In general.--To ensure''; and
(C) by adding at the end the following:
``(2) Consultation with indian tribes.--The Director,
acting jointly with the Assistant Secretary for Indian Affairs
(acting through the Office of Justice Services) and the
Director of the Federal Bureau of Investigation, shall work
with Indian tribes and tribal law enforcement agencies to
establish and implement such tribal data collection systems as
the Director determines to be necessary to achieve the purposes
of this section.'';
(3) in subsection (e), by striking ``subsection (d)(3)''
and inserting ``subsection (d)(1)(C)'';
(4) in subsection (f)--
(A) in the subsection heading, by inserting ``,
Tribal,'' after ``State''; and
(B) by inserting ``, tribal,'' after ``State''; and
(5) by adding at the end the following:
``(g) Reports.--Not later than 1 year after the date of enactment
of this subsection, and annually thereafter, the Director shall submit
to Congress a report describing the data collected and analyzed under
this section relating to crimes in Indian country.''.
(c) Effect of Grants.--Nothing in this section or any amendment
made by this section--
(1) allows the grant to be made to, or used by, an entity
for law enforcement activities that the entity lacks
jurisdiction to perform; or
(2) has any effect other than to authorize, award, or deny
a grant of funds to a federally recognized Indian tribe for the
purposes described in the relevant grant program.
SEC. 502. CRIMINAL HISTORY RECORD IMPROVEMENT PROGRAM.
(a) In General.--Section 1301(a) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796h(a)) is amended by inserting
``, tribal,'' after ``State''.
(b) Effect of Grants.--Nothing in this section or any amendment
made by this section--
(1) allows the grant to be made to, or used by, an entity
for law enforcement activities that the entity lacks
jurisdiction to perform; or
(2) has any effect other than to authorize, award, or deny
a grant of funds to a federally recognized Indian tribe for the
purposes described in the relevant grant program.
TITLE VI--DOMESTIC VIOLENCE AND SEXUAL ASSAULT PROSECUTION AND
PREVENTION
SEC. 601. PRISONER RELEASE AND REENTRY.
(a) Duties of Bureau of Prisons.--Section 4042 of title 18, United
States Code, is amended--
(1) in subsection (a)(4), by inserting ``, tribal,'' after
``State'';
(2) in subsection (b)(1), in the first sentence, by
striking ``officer of the State and of the local jurisdiction''
and inserting ``officers of each State, tribal, and local
jurisdiction''; and
(3) in subsection (c)(1)--
(A) in subparagraph (A), by striking ``officer of
the State and of the local jurisdiction'' and inserting
``officer of each State, tribal, and local
jurisdiction''; and
(B) in subparagraph (B), by inserting ``, tribal,''
after ``State'' each place it appears.
(b) Authority of Institute; Time; Records of Recipients; Access;
Scope of Section.--Section 4352(a) of title 18, United States Code, is
amended--
(1) in paragraphs (1), (3), (4), and (8), by inserting
``tribal,'' after ``State,'' each place it appears;
(2) in paragraph (6)--
(A) by inserting ``and tribal communities,'' after
``States''; and
(B) by inserting ``, tribal,'' after ``State''; and
(3) in paragraph (12) by inserting ``, tribal,'' after
``State''.
SEC. 602. DOMESTIC AND SEXUAL VIOLENCE OFFENSE TRAINING.
Section 3(c)(9) of the Indian Law Enforcement Reform Act (25 U.S.C.
2802(c)(9)) (as amended by section 101(a)(2)) is amended by inserting
before the semicolon at the end the following: ``, including training
to properly interview victims of domestic and sexual violence and to
collect, preserve, and present evidence to Federal and tribal
prosecutors to increase the conviction rate for domestic and sexual
violence offenses for purposes of addressing and preventing domestic
and sexual violent offenses''.
SEC. 603. TESTIMONY BY FEDERAL EMPLOYEES.
The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et seq.) (as
amended by section 305) is amended by adding at the end the following:
``SEC. 16. TESTIMONY BY FEDERAL EMPLOYEES.
``(a) Approval of Employee Testimony or Documents.--
``(1) In general.--The Director of the Office of Justice
Services or the Director of the Indian Health Service, as
appropriate (referred to in this section as the `Director
concerned'), shall approve or disapprove, in writing, any
request or subpoena from a tribal or State court for a law
enforcement officer, sexual assault nurse examiner, or other
employee under the supervision of the Director concerned to
provide documents or testimony in a deposition, trial, or other
similar criminal proceeding regarding information obtained in
carrying out the official duties of the employee.
``(2) Deadline.--The court issuing a subpoena under
paragraph (1) shall provide to the appropriate Federal employee
(or agency in the case of a document request) notice regarding
the request to provide testimony (or release a document) by not
less than 30 days before the date on which the testimony will
be provided.
``(b) Approval.--
``(1) In general.--The Director concerned shall approve a
request or subpoena under subsection (a) if the request or
subpoena does not violate the policy of the Department to
maintain impartiality.
``(2) Failure to approve.--If the Director concerned fails
to approve or disapprove a request or subpoena for testimony or
release of a document by the date that is 30 days after the
date of receipt of notice of the request or subpoena, the
request or subpoena shall be considered to be approved for
purposes of this section.''.
SEC. 604. COORDINATION OF FEDERAL AGENCIES.
Any report of the Secretary of Health and Human Services to
Congress on the development of Indian victim services and victim
advocate training programs shall include any recommendations that the
Secretary determines to be necessary to prevent the sex trafficking of
Indian women.
SEC. 605. SEXUAL ASSAULT PROTOCOL.
The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et seq.) (as
amended by section 603) is amended by adding at the end the following:
``SEC. 17. POLICIES AND PROTOCOL.
``The Director of the Indian Health Service, in coordination with
the Director of the Office of Justice Services and the Director of the
Office on Violence Against Women of the Department of Justice, in
consultation with Indian Tribes and Tribal Organizations, and in
conference with Urban Indian Organizations, shall develop standardized
sexual assault policies and protocol for the facilities of the Service,
based on similar protocol that has been established by the Department
of Justice.''.
SEC. 606. STUDY OF IHS SEXUAL ASSAULT AND DOMESTIC VIOLENCE RESPONSE
CAPABILITIES.
(a) Study.--The Comptroller General of the United States shall--
(1) conduct a study of the capability of Indian Health
Service facilities in remote Indian reservations and Alaska
Native villages, including facilities operated pursuant to
contracts or compacts under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b et seq.), to collect,
maintain, and secure evidence of sexual assaults and domestic
violence incidents required for criminal prosecution; and
(2) develop recommendations for improving those
capabilities.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Indian Affairs of the Senate and the Committee on Natural Resources of
the House of Representatives a report describing the results of the
study under subsection (a), including the recommendations developed
under that subsection, if any.
Attest:
Secretary.
111th CONGRESS
2d Session
H.R. 725
_______________________________________________________________________
AMENDMENT