One Hundred Eleventh Congress of the United States of America

H. R. 725

One Hundred Eleventh Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the fifth day of January, two thousand and ten

An Act

To protect Indian arts and crafts through the improvement of applicable criminal

proceedings, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

TITLE I—INDIAN ARTS AND CRAFTS

AMENDMENTS

SEC. 101. SHORT TITLE; TABLE OF CONTENTS.

(a) S

HORT

ITLE

.—This title may be cited as the ‘‘Indian Arts

and Crafts Amendments Act of 2010’’.

(b) T

ABLE OF

ONTENTS

.—The table of contents of this title

is as follows:

Sec. 101. Short title; table of contents.

Sec. 102. Indian arts and crafts.

Sec. 103. Misrepresentation of Indian produced goods and products.

SEC. 102. INDIAN ARTS AND CRAFTS.

(a) C

RIMINAL

ROCEEDINGS

; C

IVIL

CTIONS

; M

ISREPRESENTA

TIONS

.—Section 5 of the Act entitled ‘‘An Act to promote the develop-

ment of Indian arts and crafts and to create a board to assist

therein, and for other purposes’’ (25 U.S.C. 305d) is amended to

read as follows:

‘‘SEC. 5. CRIMINAL PROCEEDINGS; CIVIL ACTIONS.

‘‘(a) D

EFINITION OF

EDERAL

NFORCEMENT

FFICER

.—

In this section, the term ‘Federal law enforcement officer’ includes

a Federal law enforcement officer (as defined in section 115(c)

of title 18, United States Code).

‘‘(b) A

UTHORITY

ONDUCT

NVESTIGATIONS

.—Any Federal

law enforcement officer shall have the authority to conduct an

investigation relating to an alleged violation of this Act occurring

within the jurisdiction of the United States.

‘‘(c) C

RIMINAL

ROCEEDINGS

.—

‘‘(1) I

NVESTIGATION

.—

‘‘(A) I

N GENERAL

.—The Board may refer an alleged

violation of section 1159 of title 18, United States Code,

to any Federal law enforcement officer for appropriate

investigation.

‘‘(B) R

EFERRAL NOT REQUIRED

.—A Federal law enforce-

ment officer may investigate an alleged violation of section

1159 of that title regardless of whether the Federal law

H. R. 725—2

enforcement officer receives a referral under subparagraph

(A).

‘‘(2) F

INDINGS

.—The findings of an investigation of an

alleged violation of section 1159 of title 18, United States

Code, by any Federal department or agency under paragraph

(1)(A) shall be submitted, as appropriate, to—

‘‘(A) a Federal or State prosecuting authority; or

‘‘(B) the Board.

‘‘(3) R

ECOMMENDATIONS

.—On receiving the findings of an

investigation under paragraph (2), the Board may—

‘‘(A) recommend to the Attorney General that criminal

proceedings be initiated under section 1159 of title 18,

United States Code; and

‘‘(B) provide such support to the Attorney General

relating to the criminal proceedings as the Attorney Gen-

eral determines to be appropriate.

‘‘(d) C

IVIL

CTIONS

.—In lieu of, or in addition to, any criminal

proceeding under subsection (c), the Board may recommend that

the Attorney General initiate a civil action under section 6.’’.

(b) C

AUSE OF

CTION FOR

ISREPRESENTATION

.—Section 6 of

the Act entitled ‘‘An Act to promote the development of Indian

arts and crafts and to create a board to assist therein, and for

other purposes’’ (25 U.S.C. 305e) is amended—

(1) by striking subsection (d);

(2) by redesignating subsections (a) through (c) as sub-

sections (b) through (d), respectively;

(3) by inserting before subsection (b) (as redesignated by

paragraph (2)) the following:

‘‘(a) D

EFINITIONS

.—In this section:

‘‘(1) I

NDIAN

.—The term ‘Indian’ means an individual that—

‘‘(A) is a member of an Indian tribe; or

‘‘(B) is certified as an Indian artisan by an Indian

tribe.

‘‘(2) I

NDIAN PRODUCT

.—The term ‘Indian product’ has the

meaning given the term in any regulation promulgated by

the Secretary.

‘‘(3) I

NDIAN TRIBE

.—

‘‘(A) I

N GENERAL

.—The term ‘Indian tribe’ has the

meaning given the term in section 4 of the Indian Self-

Determination and Education Assistance Act (25 U.S.C.

450b).

‘‘(B) I

NCLUSION

.—The term ‘Indian tribe’ includes, for

purposes of this section only, an Indian group that has

been formally recognized as an Indian tribe by—

‘‘(i) a State legislature;

‘‘(ii) a State commission; or

‘‘(iii) another similar organization vested with

State legislative tribal recognition authority.

‘‘(4) S

ECRETARY

.—The term ‘Secretary’ means the Secretary

of the Interior.’’;

(4) in subsection (b) (as redesignated by paragraph (2)),

by striking ‘‘subsection (c)’’ and inserting ‘‘subsection (d)’’;

(5) in subsection (c) (as redesignated by paragraph (2))—

(A) by striking ‘‘subsection (a)’’ and inserting ‘‘sub-

section (b)’’; and

(B) by striking ‘‘suit’’ and inserting ‘‘the civil action’’;

H. R. 725—3

(6) by striking subsection (d) (as redesignated by paragraph

(2)) and inserting the following:

‘‘(d) P

ERSONS

HAT

NITIATE

IVIL

CTIONS

.—

‘‘(1) I

N GENERAL

.—A civil action under subsection (b) may

be initiated by—

‘‘(A) the Attorney General, at the request of the Sec-

retary acting on behalf of—

‘‘(i) an Indian tribe;

‘‘(ii) an Indian; or

‘‘(iii) an Indian arts and crafts organization;

‘‘(B) an Indian tribe, acting on behalf of—

‘‘(i) the Indian tribe;

‘‘(ii) a member of that Indian tribe; or

‘‘(iii) an Indian arts and crafts organization;

‘‘(C) an Indian; or

‘‘(D) an Indian arts and crafts organization.

‘‘(2) D

ISPOSITION OF AMOUNTS RECOVERED

.—

‘‘(A) I

N GENERAL

.—Except as provided in subparagraph

(B), an amount recovered in a civil action under this section

shall be paid to the Indian tribe, the Indian, or the Indian

arts and crafts organization on the behalf of which the

civil action was initiated.

‘‘(B) E

XCEPTIONS

.—

‘‘(i) A

TTORNEY GENERAL

.—In the case of a civil

action initiated under paragraph (1)(A), the Attorney

General may deduct from the amount—

‘‘(I) the amount of the cost of the civil action

and reasonable attorney’s fees awarded under sub-

section (c), to be deposited in the Treasury and

credited to appropriations available to the Attorney

General on the date on which the amount is recov-

ered; and

‘‘(II) the amount of the costs of investigation

awarded under subsection (c), to reimburse the

Board for the activities of the Board relating to

the civil action.

‘‘(ii) I

NDIAN TRIBE

.—In the case of a civil action

initiated under paragraph (1)(B), the Indian tribe may

deduct from the amount—

‘‘(I) the amount of the cost of the civil action;

and

‘‘(II) reasonable attorney’s fees.’’; and

(7) in subsection (e), by striking ‘‘(e) In the event that’’

and inserting the following:

‘‘(e) S

AVINGS

ROVISION

.—If’’.

SEC. 103. MISREPRESENTATION OF INDIAN PRODUCED GOODS AND

PRODUCTS.

Section 1159 of title 18, United States Code, is amended—

(1) by striking subsection (b) and inserting the following:

‘‘(b) P

ENALTY

.—Any person that knowingly violates subsection

(a) shall—

‘‘(1) in the case of a first violation by that person—

‘‘(A) if the applicable goods are offered or displayed

for sale at a total price of $1,000 or more, or if the

applicable goods are sold for a total price of $1,000 or

more—

H. R. 725—4

‘‘(i) in the case of an individual, be fined not more

than $250,000, imprisoned for not more than 5 years,

or both; and

‘‘(ii) in the case of a person other than an indi-

vidual, be fined not more than $1,000,000; and

‘‘(B) if the applicable goods are offered or displayed

for sale at a total price of less than $1,000, or if the

applicable goods are sold for a total price of less than

$1,000—

‘‘(i) in the case of an individual, be fined not more

than $25,000, imprisoned for not more than 1 year,

or both; and

‘‘(ii) in the case of a person other than an indi-

vidual, be fined not more than $100,000; and

‘‘(2) in the case of a subsequent violation by that person,

regardless of the amount for which any good is offered or

displayed for sale or sold—

‘‘(A) in the case of an individual, be fined under this

title, imprisoned for not more than 15 years, or both; and

‘‘(B) in the case of a person other than an individual,

be fined not more than $5,000,000.’’; and

(2) in subsection (c), by striking paragraph (3) and inserting

the following:

‘‘(3) the term ‘Indian tribe’—

‘‘(A) has the meaning given the term in section 4

of the Indian Self-Determination and Education Assistance

Act (25 U.S.C. 450b); and

‘‘(B) includes, for purposes of this section only, an

Indian group that has been formally recognized as an

Indian tribe by—

‘‘(i) a State legislature;

‘‘(ii) a State commission; or

‘‘(iii) another similar organization vested with

State legislative tribal recognition authority; and’’.

TITLE II—TRIBAL LAW AND ORDER

SEC. 201. SHORT TITLE; TABLE OF CONTENTS.

(a) S

HORT

ITLE

.—This title may be cited as the ‘‘Tribal Law

and Order Act of 2010’’.

(b) T

ABLE OF

ONTENTS

.—The table of contents of this title

is as follows:

Sec. 201. Short title; table of contents.

Sec. 202. Findings; purposes.

Sec. 203. Definitions.

Sec. 204. Severability.

Sec. 205. Jurisdiction of the State of Alaska.

Sec. 206. Effect.

Subtitle A—Federal Accountability and Coordination

Sec. 211. Office of Justice Services responsibilities.

Sec. 212. Disposition reports.

Sec. 213. Prosecution of crimes in Indian country.

Sec. 214. Administration.

Subtitle B—State Accountability and Coordination

Sec. 221. State criminal jurisdiction and resources.

Sec. 222. State, tribal, and local law enforcement cooperation.

H. R. 725—5

Subtitle C—Empowering Tribal Law Enforcement Agencies and Tribal Governments

Sec. 231. Tribal police officers.

Sec. 232. Drug enforcement in Indian country.

Sec. 233. Access to national criminal information databases.

Sec. 234. Tribal court sentencing authority.

Sec. 235. Indian Law and Order Commission.

Sec. 236. Exemption for tribal display materials.

Subtitle D—Tribal Justice Systems

Sec. 241. Indian alcohol and substance abuse.

Sec. 242. Indian tribal justice; technical and legal assistance.

Sec. 243. Tribal resources grant program.

Sec. 244. Tribal jails program.

Sec. 245. Tribal probation office liaison program.

Sec. 246. Tribal youth program.

Sec. 247. Improving public safety presence in rural Alaska.

Subtitle E—Indian Country Crime Data Collection and Information Sharing

Sec. 251. Tracking of crimes committed in Indian country.

Sec. 252. Criminal history record improvement program.

Subtitle F—Domestic Violence and Sexual Assault Prosecution and Prevention

Sec. 261. Prisoner release and reentry.

Sec. 262. Domestic and sexual violence offense training.

Sec. 263. Testimony by Federal employees.

Sec. 264. Coordination of Federal agencies.

Sec. 265. Sexual assault protocol.

Sec. 266. Study of IHS sexual assault and domestic violence response capabilities.

SEC. 202. FINDINGS; PURPOSES.

(a) F

INDINGS

.—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 appro-

priate 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

⁄

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

tion among tribal, Federal, and State law enforcement offi-

cials;

(5)(A) domestic and sexual violence against American

Indian and Alaska Native women has reached epidemic propor-

tions;

(B) 34 percent of American Indian and Alaska Native

women will be raped in their lifetimes; and

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

H. R. 725—6

(7) crime data is a fundamental tool of law enforcement,

but for decades the Bureau of Indian Affairs and the Depart-

ment of Justice have not been able to coordinate or consistently

report crime and prosecution rates in tribal communities.

(b) P

URPOSES

.—The purposes of this title 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 Fed-

eral, 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. 203. DEFINITIONS.

(a) I

ENERAL

.—In this title:

(1) I

NDIAN COUNTRY

.—The term ‘‘Indian country’’ has the

meaning given the term in section 1151 of title 18, United

States Code.

(2) I

NDIAN 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) S

ECRETARY

.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(4) T

RIBAL GOVERNMENT

.—The term ‘‘tribal government’’

means the governing body of a federally recognized Indian

tribe.

(b) I

NDIAN

NFORCEMENT

EFORM

.—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. 204. SEVERABILITY.

If any provision of this title, an amendment made by this

title, 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 title, the remaining amendments made by this title, 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.

H. R. 725—7

SEC. 205. 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. 206. EFFECT.

Nothing in this Act confers on an Indian tribe criminal jurisdic-

tion over non-Indians.

Subtitle A—Federal Accountability and

Coordination

SEC. 211. OFFICE OF JUSTICE SERVICES RESPONSIBILITIES.

(a) D

EFINITIONS

.—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 para-

graphs (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) A

DDITIONAL

ESPONSIBILITIES OF

FFICE

.—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 estab-

lished within the Bureau a Division of Law Enforcement Serv-

ices which’’ and inserting the following:

‘‘(b) O

FFICE OF

USTICE

ERVICES

.—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;

end and inserting a semicolon; and

(D) by adding at the end the following:

‘‘(10) the development and provision of dispatch and emer-

gency 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;

H. R. 725—8

‘‘(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, ana-

lyzing, 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 pro-

viding 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 commu-

nications and technology costs, and tribal court personnel,

facilities, indigent defense, and related program costs;

‘‘(C) a list of the unmet staffing needs of law enforce-

ment, 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 assist-

ance, training, and other support provided to tribal law enforce-

ment 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

H. R. 725—9

contained in subchapter B of title 25, Code of Federal Regula-

tions (or successor regulations).’’;

(3) in subsection (d)—

(A) in paragraph (1), by striking ‘‘Division of Law

Enforcement Services’’ and inserting ‘‘Office of Justice Serv-

ices’’; 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 Enforce-

ment Services’’ each place it appears and inserting ‘‘Office

of Justice Services’’; and

(5) by adding at the end the following:

‘‘(f) L

ONG

TERM

LAN FOR

RIBAL

ETENTION

ROGRAMS

.—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 coopera-

tion 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.’’.

NFORCEMENT

UTHORITY

.—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 ‘‘reason-

able grounds’’ each place it appears and inserting ‘‘probable

cause’’;

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

H. R. 725—10

‘‘(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 commit-

ting, the crime;’’.

SEC. 212. 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) C

OORDINATION AND

ATA

OLLECTION

.—

‘‘(1) I

NVESTIGATIVE 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) I

NVESTIGATION DATA

.—The Federal Bureau of Inves-

tigation 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) P

ROSECUTORIAL 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) P

ROSECUTION 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;

H. R. 725—11

‘‘(C) the statuses of the victims as Indians or non-

Indians; and

‘‘(D) the reasons for deciding to decline or terminate

the prosecutions.

‘‘(b) A

NNUAL

EPORTS

.—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) E

FFECT OF

ECTION

.—

‘‘(1) I

N GENERAL

.—Nothing in this section requires any

Federal agency or official to transfer or disclose any confiden-

tial, privileged, or statutorily protected communication,

information, or source to an official of any Indian tribe.

‘‘(2) F

EDERAL RULES OF CRIMINAL PROCEDURE

.—Nothing in

this section affects or limits the requirements of Rule 6 of

the Federal Rules of Criminal Procedure.

‘‘(3) R

EGULATIONS

.—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. 213. PROSECUTION OF CRIMES IN INDIAN COUNTRY.

(a) A

PPOINTMENT OF

PECIAL

ROSECUTORS

.—

(1) I

N 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) I

NDIAN

OUNTRY

.—In this section, the term ‘Indian country’

has the meaning given that term in section 1151 of title 18.’’.

(2) S

ENSE OF CONGRESS REGARDING CONSULTATION

.—It is

the sense of Congress that, in appointing attorneys under sec-

tion 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) T

RIBAL

IAISONS

.—

(1) I

N 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) A

PPOINTMENT

.—The United States Attorney for each dis-

trict that includes Indian country shall appoint not less than 1

assistant United States Attorney to serve as a tribal liaison for

the district.

‘‘(b) D

UTIES

.—The duties of a tribal liaison shall include the

following:

H. R. 725—12

‘‘(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 vic-

tims’ 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 nec-

essary.

‘‘(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) E

FFECT OF

ECTION

.—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) E

NHANCED

ROSECUTION OF

INOR

RIMES

.—

‘‘(1) I

N GENERAL

.—Each United States Attorney serving

a district that includes Indian country is authorized and encour-

aged—

‘‘(A) to appoint Special Assistant United States Attor-

neys 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

H. R. 725—13

‘‘(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) S

ENSE 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) S

ENSE OF CONGRESS REGARDING EVALUATIONS OF TRIBAL

LIAISONS

.—

(A) F

INDINGS

.—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) S

ENSE 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. 214. ADMINISTRATION.

(a) O

FFICE OF

RIBAL

USTICE

.—

(1) D

EFINITIONS

.—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) D

IRECTOR

.—The term ‘Director’ means the Director

of the Office of Tribal Justice.’’.

(2) S

TATUS

.—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) I

ENERAL

.—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) P

ERSONNEL AND

UNDING

.—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).

H. R. 725—14

‘‘(c) D

UTIES

.—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 relation-

ship 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 govern-

ments; or

‘‘(D) any other tribal interest.’’.

(b) N

ATIVE

MERICAN

SSUES

OORDINATOR

.—The Indian Law

Enforcement Reform Act (25 U.S.C. 2801 et seq.) (as amended

by section 213(b)) is amended by adding at the end the following:

‘‘SEC. 14. NATIVE AMERICAN ISSUES COORDINATOR.

‘‘(a) E

STABLISHMENT

.—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) D

UTIES

.—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 signifi-

cance in Indian country, as determined by the Attorney Gen-

eral;

‘‘(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.’’.

Subtitle B—State Accountability and

Coordination

SEC. 221. STATE CRIMINAL JURISDICTION AND RESOURCES.

(a) C

ONCURRENT

UTHORITY OF

NITED

TATES

.—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) C

ONSENT OF

NITED

TATES

.—

‘‘(1) I

N GENERAL

.—The consent of the United States’’; and

(2) by adding at the end the following:

H. R. 725—15

‘‘(2) C

ONCURRENT 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) A

PPLICABLE

.—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. 222. STATE, TRIBAL, AND LOCAL LAW ENFORCEMENT COOPERA-

TION.

The Attorney General may provide technical and other assist-

ance to State, tribal, and local governments that enter into coopera-

tive 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 commu-

nities; and

(3) developing successful cooperative relationships that

effectively combat crime in Indian country and nearby commu-

nities.

Subtitle C—Empowering Tribal Law En-

forcement Agencies and Tribal Govern-

ments

SEC. 231. TRIBAL POLICE OFFICERS.

(a) F

LEXIBILITY IN

RAINING

NFORCEMENT

FFICERS

ERVING

NDIAN

OUNTRY

.—Section 3(e) of the Indian Law Enforce-

ment Reform Act (25 U.S.C. 2802(e)) (as amended by section

211(b)(4)) is amended—

(1) in paragraph (1)—

(A) by striking ‘‘(e)(1) The Secretary’’ and inserting

the following:

‘‘(e) S

TANDARDS OF

DUCATION AND

XPERIENCE AND

LASSI

FICATION OF

OSITIONS

.—

‘‘(1) S

TANDARDS OF EDUCATION AND EXPERIENCE

.—

‘‘(A) I

N GENERAL

.—The Secretary’’; and

(B) by adding at the end the following:

‘‘(B) R

EQUIREMENTS FOR TRAINING

.—The training

standards established under subparagraph (A)—

‘‘(i) shall be consistent with standards accepted

by the Federal Law Enforcement Training Accredita-

tion commission for law enforcement officers attending

similar programs; and

H. R. 725—16

‘‘(ii) shall include, or be supplemented by, instruc-

tion regarding Federal sources of authority and juris-

diction, Federal crimes, Federal rules of criminal proce-

dure, and constitutional law to bridge the gap between

State training and Federal requirements.

‘‘(C) T

RAINING AT STATE

TRIBAL

AND LOCAL ACAD

EMIES

.—Law enforcement personnel of the Office of Justice

Services or an Indian tribe may satisfy the training stand-

ards 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) M

AXIMUM 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) B

ACKGROUND CHECKS FOR TRIBAL JUSTICE OFFICIALS

.—

‘‘(A) I

N GENERAL

.—The Office of Justice Services shall

develop standards and deadlines for the provision of back-

ground checks to tribal law enforcement and corrections

officials.

‘‘(B) T

IMING

.—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) S

PECIAL

NFORCEMENT

OMMISSIONS

.—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 agree-

ment’’ and inserting the following:

‘‘(a) A

GREEMENTS

.—

‘‘(1) I

N 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) C

ERTAIN ACTIVITIES

.—The Secretary’’; and

(3) by adding at the end the following:

‘‘(3) P

ROGRAM ENHANCEMENT

.—

‘‘(A) T

RAINING SESSIONS IN INDIAN COUNTRY

.—

‘‘(i) I

N GENERAL

.—The procedures described in

paragraph (1) shall include the development of a plan

to enhance the certification and provision of special

H. R. 725—17

law enforcement commissions to tribal law enforcement

officials, and, subject to subsection (d), State and local

law enforcement officials, pursuant to this section.

‘‘(ii) I

NCLUSIONS

.—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) M

EMORANDA OF AGREEMENT

.—

‘‘(i) I

N 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 spe-

cial law enforcement commission agreements pursuant

to this section.

‘‘(ii) S

UBSTANCE 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) A

GREEMENT

.—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 enforce-

ment commission agreement with the Indian tribe.’’.

NDIAN

NFORCEMENT

OUNDATION

.—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) B

OARD

.—The term ‘Board’ means the Board of Direc-

tors of the Foundation.

‘‘(2) B

UREAU

.—The term ‘Bureau’ means the Office of Jus-

tice Services of the Bureau of Indian Affairs.

‘‘(3) C

OMMITTEE

.—The term ‘Committee’ means the Com-

mittee for the Establishment of the Indian Law Enforcement

Foundation established under section 702(e)(1).

‘‘(4) F

OUNDATION

.—The term ‘Foundation’ means the

Indian Law Enforcement Foundation established under section

702.

‘‘(5) S

ECRETARY

.—The term ‘Secretary’ means the Secretary

of the Interior.

‘‘SEC. 702. INDIAN LAW ENFORCEMENT FOUNDATION.

‘‘(a) E

STABLISHMENT

.—

‘‘(1) I

N 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 Enforce-

ment Foundation’.

H. R. 725—18

‘‘(2) F

UNDING 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 deter-

mining 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) N

ATURE OF

ORPORATION

.—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) P

LACE OF

NCORPORATION AND

OMICILE

.—The Foundation

shall be incorporated and domiciled in the District of Columbia.

‘‘(d) D

UTIES

.—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) C

OMMITTEE FOR THE

STABLISHMENT OF THE

NDIAN

NFORCEMENT

OUNDATION

.—

‘‘(1) I

N GENERAL

.—The Secretary shall establish a com-

mittee, to be known as the ‘Committee for the Establishment

of the Indian Law Enforcement Foundation’, to assist the Sec-

retary in establishing the Foundation.

‘‘(2) D

UTIES

.—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 incor-

porate the Foundation under the laws of the District of

Columbia, including acting as incorporators of the Founda-

tion;

‘‘(B) ensure that the Foundation qualifies for and main-

tains 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 accord-

ance with the constitution and initial bylaws of the Founda-

tion.

‘‘(f) B

OARD OF

IRECTORS

.—

‘‘(1) I

N GENERAL

.—The Board of Directors shall be the

governing body of the Foundation.

‘‘(2) P

OWERS

.—The Board may exercise, or provide for the

exercise of, the powers of the Foundation.

‘‘(3) S

ELECTION

.—

H. R. 725—19

‘‘(A) I

N 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) R

EQUIREMENTS

.—

‘‘(i) N

UMBER OF MEMBERS

.—The Board shall be

composed of not less than 7 members.

‘‘(ii) I

NITIAL 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) Q

UALIFICATION

.—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) C

OMPENSATION

.—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) O

FFICERS

.—

‘‘(1) I

N 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) C

HIEF OPERATING OFFICER

.—

‘‘(A) S

ECRETARY

.—Subject to subparagraph (B), the Sec-

retary of the Foundation may serve, at the direction of

the Board, as the chief operating officer of the Foundation.

‘‘(B) A

PPOINTMENT

.—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) E

LECTION

.—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) P

OWERS

.—The Foundation—

‘‘(1) shall adopt a constitution and bylaws for the manage-

ment 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) P

RINCIPAL

FFICE

.—

‘‘(1) I

N GENERAL

.—The principal office of the Foundation

shall be located in the District of Columbia.

‘‘(2) A

CTIVITIES

;

OFFICES

.—The activities of the Foundation

may be conducted, and offices may be maintained, throughout

H. R. 725—20

the United States in accordance with the constitution and

bylaws of the Foundation.

‘‘(j) S

ERVICE OF

ROCESS

.—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) L

IABILITY OF

FFICERS

, E

MPLOYEES

AND

GENTS

.—

‘‘(1) I

N 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) P

ERSONAL LIABILITY

.—A member of the Board shall

be personally liable only for gross negligence in the performance

of the duties of the member.

‘‘(l) R

ESTRICTIONS

.—

‘‘(1) L

IMITATION ON SPENDING

.—Beginning with the fiscal

year following the first full fiscal year during which the Founda-

tion 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) P

ERCENTAGES

.—The percentages referred to in para-

graph (1) are—

‘‘(A) for the first 2 fiscal years described in that para-

graph, 25 percent;

‘‘(B) for the following fiscal year, 20 percent; and

‘‘(C) for each fiscal year thereafter, 15 percent.

‘‘(3) A

PPOINTMENT AND HIRING

.—The appointment of offi-

cers and employees of the Foundation shall be subject to the

availability of funds.

‘‘(4) S

TATUS

.—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) A

UDITS

.—The Foundation shall comply with section 10101

of title 36, United States Code, as if the Foundation were a corpora-

tion under part B of subtitle II of that title.

‘‘(n) F

UNDING

.—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) P

ROVISION OF

UPPORT BY

ECRETARY

.—Subject to sub-

section (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 administra-

tive 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).

H. R. 725—21

‘‘(b) R

EIMBURSEMENT

.—Reimbursements accepted under sub-

section (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) C

ONTINUATION OF

ERTAIN

ERVICES

.—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) T

ECHNICAL

MENDMENTS

.—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) A

CCEPTANCE AND

SSISTANCE

.—Section 5 of the Indian Law

Enforcement Reform Act (25 U.S.C. 2804) is amended by adding

at the end the following:

‘‘(g) A

CCEPTANCE OF

SSISTANCE

.—The Bureau may accept

reimbursement, resources, assistance, or funding from—

‘‘(1) a Federal, tribal, State, or other government agency;

‘‘(2) the Indian Law Enforcement Foundation established

under section 701(a) of the Indian Self-Determination and Edu-

cation Assistance Act.’’.

SEC. 232. DRUG ENFORCEMENT IN INDIAN COUNTRY.

(a) E

DUCATION AND

ESEARCH

ROGRAMS

.—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) P

UBLIC

PRIVATE

DUCATION

ROGRAM

.—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’’.

OOPERATIVE

RRANGEMENTS

.—Section 503 of the Con-

trolled 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) P

OWERS OF

NFORCEMENT

ERSONNEL

.—Section 508(a) of

the Controlled Substances Act (21 U.S.C. 878(a)) is amended in

H. R. 725—22

the matter preceding paragraph (1) by inserting ‘‘, tribal,’’ after

‘‘State’’.

(e) E

FFECT OF

RANTS

.—Nothing in this section or any amend-

ment 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. 233. ACCESS TO NATIONAL CRIMINAL INFORMATION DATABASES.

(a) A

CCESS TO

ATIONAL

RIMINAL

NFORMATION

ATABASES

.—

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) I

NDIAN

NFORCEMENT

GENCIES

.—The Attorney Gen-

eral shall permit tribal and Bureau of Indian Affairs law enforce-

ment 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) R

EQUIREMENT

.—

(1) I

N 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) S

ANCTIONS

.—For purpose of sanctions for noncompli-

ance with requirements of, or misuse of, national crime informa-

tion 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. 234. TRIBAL COURT SENTENCING AUTHORITY.

(a) I

NDIVIDUAL

IGHTS

.—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) I

ENERAL

.—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 fol-

lowing:

‘‘(7)(A) require excessive bail, impose excessive fines, or

inflict cruel and unusual punishments;

H. R. 725—23

‘‘(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) O

FFENSES

UBJECT TO

REATER

HAN

YEAR

MPRISON

MENT OR A

INE

REATER

HAN

$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 com-

parable 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 impris-

onment if prosecuted by the United States or any of the States.

‘‘(c) R

IGHTS OF

EFENDANTS

.—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 assist-

ance 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 effec-

tively 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 avail-

able 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) S

ENTENCES

.—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

H. R. 725—24

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) D

EFINITION OF

FFENSE

.—In this section, the term ‘offense’

means a violation of a criminal law.

‘‘(f) E

FFECT OF

ECTION

.—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) R

EPORT

.—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 title.

UREAU OF

RISONS

RIBAL

RISONER

ILOT

ROGRAM

.—

(1) I

N GENERAL

.—Not later than 120 days after the date

of enactment of this title, 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) C

ONDITIONS

.—

(A) I

N 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) L

IMITATIONS

.—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.

USTODY 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 appro-

priate Federal facility, and imprisoned at the expense of

the United States.

H. R. 725—25

(D) C

.—The Bureau of Prisons shall confine not more

than 100 tribal offenders at any time.

(3) R

ESCINDING REQUESTS

.—

(A) I

N GENERAL

.—The applicable tribal government

shall retain the authority to rescind the request for confine-

ment of a tribal offender by the Bureau of Prisons under

this paragraph at any time during the sentence of the

offender.

(B) R

ETURN TO TRIBAL CUSTODY

.—On rescission of a

request under subparagraph (A), a tribal offender shall

be returned to tribal custody.

(4) R

EASSESSMENT

.—If tribal court demand for participation

in this pilot program exceeds 100 tribal offenders, a representa-

tive of the Bureau of Prisons shall notify Congress.

(5) R

EPORT

.—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 pro-

gram, including recommendations regarding the future of the

program, if any.

(6) T

ERMINATION

.—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) G

RANTS AND

ONTRACTS

.—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. 235. INDIAN LAW AND ORDER COMMISSION.

The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et

seq.) (as amended by section 214(b)) is amended by adding at

the end the following:

‘‘SEC. 15. INDIAN LAW AND ORDER COMMISSION.

‘‘(a) E

STABLISHMENT

.—There is established a commission to

be known as the Indian Law and Order Commission (referred

to in this section as the ‘Commission’).

‘‘(b) M

EMBERSHIP

.—

‘‘(1) I

N GENERAL

.—The Commission shall be composed of

9 members, of whom—

‘‘(A) 3 shall be appointed by the President, in consulta-

tion 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

H. R. 725—26

‘‘(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) R

EQUIREMENTS 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) C

ONSULTATION 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 prac-

ticable, fair and equitable representation of various points of

view with respect to the matters to be studied by the Commis-

sion.

‘‘(4) T

ERM

.—Each member shall be appointed for the life

of the Commission.

‘‘(5) T

IME 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) V

ACANCIES

.—A vacancy in the Commission shall be

filled—

‘‘(A) in the same manner in which the original appoint-

ment was made; and

‘‘(B) not later than 60 days after the date on which

the vacancy occurred.

‘‘(c) O

PERATION

.—

‘‘(1) C

HAIRPERSON

.—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) M

EETINGS

.—

‘‘(A) I

N GENERAL

.—The Commission shall meet at the

call of the Chairperson.

‘‘(B) I

NITIAL MEETING

.—The initial meeting shall take

place not later than 30 days after the date described in

paragraph (1).

‘‘(3) Q

UORUM

.—A majority of the members of the Commis-

sion shall constitute a quorum, but a lesser number of members

may hold hearings.

‘‘(4) R

ULES

.—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) C

OMPREHENSIVE

TUDY OF

RIMINAL

USTICE

YSTEM

ELATING TO

NDIAN

OUNTRY

.—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

H. R. 725—27

‘‘(B) rehabilitation of offenders;

‘‘(3)(A) tribal juvenile justice systems and the Federal juve-

nile 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 cus-

tody, 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 govern-

ment authority; and

‘‘(C) the fairness and effectiveness of tribal criminal

systems; and

‘‘(5) studies of such other subjects as the Commission deter-

mines relevant to achieve the purposes of the Tribal Law and

Order Act of 2010.

‘‘(e) R

ECOMMENDATIONS

.—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 defend-

ants 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) R

EPORT

.—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 legis-

lative and administrative actions as the Commission considers

to be appropriate.

‘‘(g) P

OWERS

.—

‘‘(1) H

EARINGS

.—

‘‘(A) I

N GENERAL

.—The Commission may hold such

hearings, meet and act at such times and places, take

such testimony, and receive such evidence as the Commis-

sion considers to be advisable to carry out the duties of

the Commission under this section.

‘‘(B) P

UBLIC REQUIREMENT

.—The hearings of the

Commission under this paragraph shall be open to the

public.

‘‘(2) W

ITNESS EXPENSES

.—

H. R. 725—28

‘‘(A) I

N 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) P

ER DIEM AND MILEAGE

.—The fees and allowances

for a witness shall be paid from funds made available

to the Commission.

‘‘(3) I

NFORMATION FROM FEDERAL

TRIBAL

AND STATE AGEN

CIES

.—

‘‘(A) I

N 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) T

RIBAL 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) P

OSTAL 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) G

IFTS

.—The Commission may accept, use, and dispose

of gifts or donations of services or property.

‘‘(h) C

OMMISSION

ERSONNEL

ATTERS

.—

‘‘(1) T

RAVEL EXPENSES

.—A member of the Commission shall

be allowed travel expenses, including per diem in lieu of subsist-

ence, 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) D

ETAIL OF FEDERAL EMPLOYEES

.—On the affirmative

vote of

⁄

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 with-

out reimbursement, and such detail shall be without interrup-

tion or loss of civil service status, benefits, or privileges.

‘‘(3) P

ROCUREMENT OF TEMPORARY AND INTERMITTENT SERV

ICES

.—On request of the Commission, the Attorney General

shall provide to the Commission, on a reimbursable basis,

reasonable and appropriate office space, supplies, and adminis-

trative assistance.

‘‘(i) C

ONTRACTS FOR

ESEARCH

.—

‘‘(1) R

ESEARCHERS AND EXPERTS

.—

‘‘(A) I

N GENERAL

.—On an affirmative vote 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 Commis-

sion under this section.

‘‘(B) N

ATIONAL 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) O

THER 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

H. R. 725—29

necessary to carry out the duties of the Commission under

this section.

‘‘(j) T

RIBAL

DVISORY

OMMITTEE

.—

‘‘(1) E

STABLISHMENT

.—The Commission shall establish a

committee, to be known as the ‘Tribal Advisory Committee’.

‘‘(2) M

EMBERSHIP

.—

‘‘(A) C

OMPOSITION

.—The Tribal Advisory Committee

shall consist of 2 representatives of Indian tribes from

each region of the Bureau of Indian Affairs.

‘‘(B) Q

UALIFICATIONS

.—Each member of the Tribal

Advisory Committee shall have experience relating to—

‘‘(i) justice systems;

‘‘(ii) crime prevention; or

‘‘(iii) victim services.

‘‘(3) D

UTIES

.—The Tribal Advisory Committee shall—

‘‘(A) serve as an advisory body to the Commission;

and

‘‘(B) provide to the Commission advice and rec-

ommendations, 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) F

UNDING

.—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) T

ERMINATION OF

OMMISSION

.—The Commission shall

terminate 90 days after the date on which the Commission submits

the report of the Commission under subsection (f).

‘‘(m) N

ONAPPLICABILITY OF

FACA.—The Federal Advisory Com-

mittee Act (5 U.S.C. App.) shall not apply to the Commission.’’.

SEC. 236. EXEMPTION FOR TRIBAL DISPLAY MATERIALS.

(a) I

ENERAL

.—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 recog-

nized Indian tribe or tribal agency.’’.

(b) D

EFINITION OF

NDIAN

RIBE

.—Section 841 of title 18,

United States Code is amended by adding at the end the following:

‘‘(t) I

NDIAN

RIBE

.—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)).’’.

ECHNICAL

MENDMENTS

.—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’’.

H. R. 725—30

Subtitle D—Tribal Justice Systems

SEC. 241. INDIAN ALCOHOL AND SUBSTANCE ABUSE.

(a) C

ORRECTION OF

EFERENCES

.—

(1) I

NTER

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 Serv-

ices Administration,’’ after ‘‘Bureau of Indian Affairs’’;

(iv) in paragraph (5), by inserting ‘‘, Department

of Justice, Substance Abuse and Mental Health Serv-

ices 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 Gen-

eral,’’ after ‘‘Secretary of the Interior’’; and

of this subtitle’’ and inserting ‘‘the date of enactment of

the Tribal Law and Order Act of 2010’’.

(2) T

RIBAL 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’’;

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’’.

H. R. 725—31

(3) D

EPARTMENTAL 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 Gen-

eral’’ after ‘‘Bureau of Indian Affairs’’;

(B) in subsection (b)—

(i) by striking paragraph (1) and inserting the

following:

‘‘(1) E

STABLISHMENT

.—

‘‘(A) I

N GENERAL

.—To improve coordination among the

Federal agencies and departments carrying out this sub-

title, 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) D

IRECTOR

.—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) R

ESPONSIBILITIES 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 pro-

grams 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 informa-

tion sharing;

‘‘(iv) provides technical assistance to the affected

agencies to establish effective and permanent inter-

agency 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:

H. R. 725—32

‘‘(3) A

PPOINTMENT OF EMPLOYEES

.—The Administrator of

the Substance Abuse and Mental Health Services Administra-

tion 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

(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 Fed-

eral programs’’.

(4) R

EVIEW 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) F

EDERAL FACILITIES

PROPERTY

AND EQUIPMENT

.—Sec-

tion 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 Gen-

eral,’’ 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

General,’’ after ‘‘the Secretary of the Interior’’.

(6) R

EVIEW

.—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) I

NDIAN

DUCATION

ROGRAMS

.—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 fol-

lowing:

‘‘(a) S

UMMER

OUTH

ROGRAMS

.—

‘‘(1) I

N GENERAL

.—The head of the Indian Alcohol and

Substance Abuse Program, in coordination with the Assistant

Secretary for Indian Affairs, shall develop and implement pro-

grams 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

H. R. 725—33

of summer youth programs in advancing the purposes and

goals of this Act.

‘‘(2) C

OSTS

.—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) A

UTHORIZATION 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.’’.

MERGENCY

HELTERS

.—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) R

EVIEW OF

ROGRAMS

.—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) I

LLEGAL

ARCOTICS

RAFFICKING

; S

OURCE

RADICATION

.—

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 investiga-

tion 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

lowing:

‘‘(3) A

UTHORIZATION OF APPROPRIATIONS

.—There is author-

ized 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.’’.

H. R. 725—34

(f) L

NFORCEMENT AND

UDICIAL

RAINING

.—Section 4218

of the Indian Alcohol and Substance Abuse Prevention and Treat-

ment Act of 1986 (25 U.S.C. 2451) is amended—

(1) by striking subsection (a) and inserting the following:

‘‘(a) T

RAINING

ROGRAMS

.—

‘‘(1) I

N 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 treat-

ment.

‘‘(2) Y

OUTH

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) J

UVENILE

ETENTION

ENTERS

.—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) I

N GENERAL

.—The Secretary’’;

(B) in the second sentence, by striking ‘‘The Secretary

shall’’ and inserting the following:

‘‘(2) C

ONSTRUCTION AND OPERATION

.—The Secretary shall’’;

and

‘‘(3) D

EVELOPMENT OF PLAN

.—

‘‘(A) I

N 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) C

OORDINATION

.—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 serv-

ices 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

H. R. 725—35

(B) by indenting paragraph (2) appropriately.

SEC. 242. INDIAN TRIBAL JUSTICE; TECHNICAL AND LEGAL ASSIST-

ANCE.

(a) I

NDIAN

RIBAL

USTICE

.—

(1) B

ASE 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 spe-

cial advocates for children and juveniles;’’.

(2) T

RIBAL 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’’;

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) T

ECHNICAL AND

EGAL

SSISTANCE

.—

(1) T

RIBAL 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) T

RIBAL 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 defend-

ants in tribal court criminal proceedings and prosecution and

judicial services for tribal courts’’.

(3) F

UNDING

.—The Indian Tribal Justice Technical and

Legal Assistance Act of 2000 is amended—

(A) in section 107 (as redesignated by section

214(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. 243. 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)—

H. R. 725—36

(A) in each of paragraphs (1) through (4) and (6)

through (17), by inserting ‘‘to’’ after the paragraph designa-

tion;

(B) in paragraph (1), by striking ‘‘State and’’ and

inserting ‘‘State, tribal, or’’;

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) G

RANTS TO

NDIAN

RIBES

.—

‘‘(1) I

N GENERAL

.—Notwithstanding subsection (i) and sec-

tion 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) P

RIORITY 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 govern-

ment.

‘‘(3) F

EDERAL 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) A

UTHORIZATION OF APPROPRIATIONS

.—There is author-

ized to be appropriated to carry out this subsection $40,000,000

for each of fiscal years 2011 through 2015.

‘‘(k) R

EPORT

.—Not later than 180 days after the date of enact-

ment of this subsection, the Attorney General shall submit to Con-

gress a report describing the extent and effectiveness of the Commu-

nity Oriented Policing (COPS) initiative as applied in Indian

country, including particular references to—

H. R. 725—37

‘‘(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. 244. TRIBAL JAILS PROGRAM.

(a) I

ENERAL

.—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) R

ESERVATION OF

UNDS

.—Notwithstanding any other provi-

sion 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) R

EGIONAL

ETENTION

ENTERS

.—

(1) I

N GENERAL

.—Section 20109 of the Violent Crime Con-

trol and Law Enforcement Act of 1994 (42 U.S.C. 13709) is

amended by striking subsection (b) and inserting the following:

‘‘(b) G

RANTS TO

NDIAN

RIBES

.—

‘‘(1) I

N GENERAL

.—From the amounts reserved under sub-

section (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 jus-

tice centers that combine tribal police, courts, and correc-

tions services to address violations of tribal civil and

criminal laws;

‘‘(C) to consortia of Indian tribes for purposes of con-

structing and operating regional detention centers on

Indian land for long-term incarceration of offenders subject

to tribal jurisdiction, as the applicable consortium deter-

mines to be appropriate.

‘‘(2) P

RIORITY 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) F

EDERAL 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) C

ONFORMING AMENDMENT

.—Section 20109(c) of the Vio-

lent 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’’.

H. R. 725—38

(3) L

ONG

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) L

ONG

TERM

LAN

.—Not later than 1 year after the date

of enactment of this subsection, the Attorney General, in coordina-

tion 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 juve-

nile (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 coopera-

tion 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 consulta-

tion with Indian tribes, determines to be necessary.’’.

SEC. 245. TRIBAL PROBATION OFFICE LIAISON PROGRAM.

Title II of the Indian Tribal Justice Technical and Legal Assist-

ance 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 pur-

poses 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. 246. TRIBAL YOUTH PROGRAM.

(a) I

NCENTIVE

RANTS FOR

OCAL

ELINQUENCY

REVENTION

ROGRAMS

.—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 recog-

nized 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) G

RANTS FOR

RIBAL

ELINQUENCY

REVENTION AND

ESPONSE

ROGRAMS

.—

‘‘(1) I

N 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—

H. R. 725—39

‘‘(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 govern-

ments with respect to preventing juvenile delinquency and

responding to, and caring for, juvenile offenders.

‘‘(2) E

LIGIBLE 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 applica-

tion in such form and containing such information as the

Administrator may require.

‘‘(3) C

ONSIDERATIONS

.—In providing grants under this sub-

section, 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) A

UTHORIZATION OF APPROPRIATIONS

.—There is author-

ized to be appropriated $25,000,000 for each of fiscal years

2011 through 2015.’’.

(b) C

OORDINATING

OUNCIL ON

UVENILE

USTICE AND

ELIN

QUENCY

REVENTION

.—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 Chair-

man of the Committee on Indian Affairs of the Senate,

in consultation with the Vice Chairman of that Com-

mittee and the Chairman and Ranking Member of

the Committee on Natural Resources of the House

of Representatives.’’.

SEC. 247. IMPROVING PUBLIC SAFETY PRESENCE IN RURAL ALASKA.

(a) D

EFINITIONS

.—In this section:

(1) S

TATE

.—

(A) I

N GENERAL

.—The term ‘‘State’’ means the State

of Alaska.

(B) I

NCLUSION

.—The term ‘‘State’’ includes any political

subdivision of the State of Alaska.

(2) V

ILLAGE 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) T

RIBAL 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 G

RANTS

.—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

H. R. 725—40

under subsection (j) of that section) on an equal basis with other

eligible applicants for funding under that section.

TAFFING FOR

DEQUATE

IRE AND

MERGENCY

ESPONSE

RANTS

.—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) T

RAINING FOR

ILLAGE

UBLIC

AFETY

FFICERS AND

RIBAL

NFORCEMENT

OSITIONS

UNDED

NDER

COPS P

ROGRAM

.—

(1) I

N GENERAL

.—Any village public safety officer or tribal

law enforcement officer in the State shall be eligible to partici-

pate in any training program offered at the Indian Police

Academy of the Federal Law Enforcement Training Center.

(2) F

UNDING

.—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) F

UNDS FOR

OURTS OF

NFORCEMENT

FFICERS

.—

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 para-

graph (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.

Subtitle E—Indian Country Crime Data

Collection and Information Sharing

SEC. 251. TRACKING OF CRIMES COMMITTED IN INDIAN COUNTRY.

(a) G

ANG

IOLENCE

.—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;’’;

(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) B

UREAU OF

USTICE

TATISTICS

.—Section 302 of the Omni-

bus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3732)

is amended—

H. R. 725—41

(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’’;

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 ‘‘Fed-

eral’’;

(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) I

N GENERAL

.—To ensure’’; and

‘‘(2) C

ONSULTATION 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) R

EPORTS

.—Not later than 1 year after the date of enact-

ment of this subsection, and annually thereafter, the Director shall

submit to Congress a report describing the data collected and ana-

lyzed under this section relating to crimes in Indian country.’’.

FFECT OF

RANTS

.—Nothing in this section or any amend-

ment 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

H. R. 725—42

(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. 252. CRIMINAL HISTORY RECORD IMPROVEMENT PROGRAM.

(a) I

ENERAL

.—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) E

FFECT OF

RANTS

.—Nothing in this section or any amend-

ment 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.

Subtitle F—Domestic Violence and Sexual

Assault Prosecution and Prevention

SEC. 261. PRISONER RELEASE AND REENTRY.

(a) D

UTIES OF

UREAU OF

RISONS

.—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) A

UTHORITY OF

NSTITUTE

; T

IME

; R

ECORDS OF

ECIPIENTS

;

CCESS

; S

COPE OF

ECTION

.—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. 262. 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 211(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’’.

H. R. 725—43

SEC. 263. TESTIMONY BY FEDERAL EMPLOYEES.

The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et

seq.) (as amended by section 235) is amended by adding at the

end the following:

‘‘SEC. 16. TESTIMONY BY FEDERAL EMPLOYEES.

‘‘(a) A

PPROVAL OF

MPLOYEE

ESTIMONY OR

OCUMENTS

.—

‘‘(1) I

N GENERAL

.—The Director of the Office of Justice

Services or the Director of the Indian Health Service, as appro-

priate (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) D

EADLINE

.—The court issuing a subpoena under para-

graph (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) A

PPROVAL

.—

‘‘(1) I

N 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) F

AILURE 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. 264. 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 traf-

ficking of Indian women.

SEC. 265. SEXUAL ASSAULT PROTOCOL.

The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et

seq.) (as amended by section 236) 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 Organiza-

tions, 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.’’.

H. R. 725—44

SEC. 266. STUDY OF IHS SEXUAL ASSAULT AND DOMESTIC VIOLENCE

RESPONSE CAPABILITIES.

(a) S

TUDY

.—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 con-

tracts 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 capabili-

ties.

(b) R

EPORT

.—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 recommenda-

tions developed under that subsection, if any.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.