HR 1924 IHCommentsClose CommentsPermalink

To amend the Indian Law Enforcement Reform Act, the Indian Tribal Justice Act, the Indian Tribal Justice Technical and Legal Assistance Act of 2000, and the Omnibus Crime Control and Safe Streets Act of 1968 to improve the prosecution of, and response to, crimes in Indian country, and for other purposes.CommentsClose CommentsPermalink

April 2, 2009CommentsClose CommentsPermalink

Ms. HERSETH SANDLIN (for herself, Mr. KILDEE, and Mr. GRIJALVA) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Natural Resources, Energy and Commerce, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

To amend the Indian Law Enforcement Reform Act, the Indian Tribal Justice Act, the Indian Tribal Justice Technical and Legal Assistance Act of 2000, and the Omnibus Crime Control and Safe Streets Act of 1968 to improve the prosecution of, and response to, crimes in Indian country, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Tribal Law and Order Act of 2009’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Findings; purposes.CommentsClose CommentsPermalink





Sec. 3. Definitions.CommentsClose CommentsPermalink





Sec. 4. Severability clause.CommentsClose CommentsPermalink

TITLE I--FEDERAL ACCOUNTABILITY AND COORDINATION

Sec. 101. Office of Justice Services responsibilities.CommentsClose CommentsPermalink





Sec. 102. Declination reports.CommentsClose CommentsPermalink





Sec. 103. Prosecution of crimes in Indian country.CommentsClose CommentsPermalink





Sec. 104. Administration.CommentsClose CommentsPermalink

TITLE II--STATE ACCOUNTABILITY AND COORDINATION

Sec. 201. State criminal jurisdiction and resources.CommentsClose CommentsPermalink





Sec. 202. Incentives for State, tribal, and local law enforcement cooperation.CommentsClose CommentsPermalink

TITLE III--EMPOWERING TRIBAL LAW ENFORCEMENT AGENCIES AND TRIBAL GOVERNMENTS

Sec. 301. Tribal police officers.CommentsClose CommentsPermalink





Sec. 302. Drug enforcement in Indian country.CommentsClose CommentsPermalink





Sec. 303. Access to national criminal information databases.CommentsClose CommentsPermalink





Sec. 304. Tribal court sentencing authority.CommentsClose CommentsPermalink





Sec. 305. Indian Law and Order Commission.CommentsClose CommentsPermalink

TITLE IV--TRIBAL JUSTICE SYSTEMS

Sec. 401. Indian alcohol and substance abuse.CommentsClose CommentsPermalink





Sec. 402. Indian tribal justice; technical and legal assistance.CommentsClose CommentsPermalink





Sec. 403. Tribal resources grant program.CommentsClose CommentsPermalink





Sec. 404. Tribal jails program.CommentsClose CommentsPermalink





Sec. 405. Tribal probation office liaison program.CommentsClose CommentsPermalink





Sec. 406. Tribal youth program.CommentsClose CommentsPermalink

TITLE V--INDIAN COUNTRY CRIME DATA COLLECTION AND INFORMATION SHARING

Sec. 501. Tracking of crimes committed in Indian country.CommentsClose CommentsPermalink





Sec. 502. Grants to improve tribal data collection systems.CommentsClose CommentsPermalink





Sec. 503. Criminal history record improvement program.CommentsClose CommentsPermalink

TITLE VI--DOMESTIC VIOLENCE AND SEXUAL ASSAULT PROSECUTION AND PREVENTION

Sec. 601. Prisoner release and reentry.CommentsClose CommentsPermalink





Sec. 602. Domestic and sexual violent offense training.CommentsClose CommentsPermalink





Sec. 603. Testimony by Federal employees in cases of rape and sexual assault.CommentsClose CommentsPermalink





Sec. 604. Coordination of Federal agencies.CommentsClose CommentsPermalink





Sec. 605. Sexual assault protocol.CommentsClose CommentsPermalink

SEC. 2. FINDINGS; PURPOSES.

(a) Findings- Congress finds that--CommentsClose CommentsPermalink





(1) the United States has distinct legal, treaty, and trust obligations to provide for the public safety of tribal communities;CommentsClose CommentsPermalink





(2) several States have been delegated or have accepted responsibility to provide for the public safety of tribal communities within the borders of the States;CommentsClose CommentsPermalink





(3) Congress and the President have acknowledged that--CommentsClose CommentsPermalink





(A) tribal law enforcement officers are often the first responders to crimes on Indian reservations; andCommentsClose CommentsPermalink





(B) tribal justice systems are ultimately the most appropriate institutions for maintaining law and order in tribal communities;CommentsClose CommentsPermalink





(4) less than 3,000 tribal and Federal law enforcement officers patrol more than 56,000,000 acres of Indian country, which reflects less than 1/2 of the law enforcement presence in comparable rural communities nationwide;CommentsClose CommentsPermalink





(5) on many Indian reservations, law enforcement officers respond to distress or emergency calls without backup and travel to remote locations without adequate radio communication or access to national crime information database systems;CommentsClose CommentsPermalink





(6) the majority of tribal detention facilities were constructed decades before the date of enactment of this Act and must be or will soon need to be replaced, creating a multibillion-dollar backlog in facility needs;CommentsClose CommentsPermalink





(7) a number of Indian country offenders face no consequences for minor crimes, and many such offenders are released due to severe overcrowding in existing detention facilities;CommentsClose CommentsPermalink





(8) tribal courts--CommentsClose CommentsPermalink





(A) are the primary arbiters of criminal and civil justice for actions arising in Indian country; butCommentsClose CommentsPermalink





(B) have been historically underfunded;CommentsClose CommentsPermalink





(9) tribal courts have no criminal jurisdiction over non-Indian persons, and the sentencing authority of tribal courts is limited to sentences of not more than 1 year of imprisonment for Indian offenders, forcing tribal communities to rely solely on the Federal Government and certain State governments for the prosecution of--CommentsClose CommentsPermalink





(A) misdemeanors committed by non-Indian persons; andCommentsClose CommentsPermalink





(B) all felony crimes in Indian country;CommentsClose CommentsPermalink





(10) a significant percentage of cases referred to Federal agencies for prosecution of crimes allegedly occurring in tribal communities are declined to be prosecuted;CommentsClose CommentsPermalink





(11) the complicated jurisdictional scheme that exists in Indian country--CommentsClose CommentsPermalink





(A) has a significant negative impact on the ability to provide public safety to Indian communities; andCommentsClose CommentsPermalink





(B) has been increasingly exploited by criminals;CommentsClose CommentsPermalink





(12) the violent crime rate in Indian country is--CommentsClose CommentsPermalink





(A) nearly twice the national average; andCommentsClose CommentsPermalink





(B) more than 20 times the national average on some Indian reservations;CommentsClose CommentsPermalink





(13)(A) domestic and sexual violence against Indian and Alaska Native women has reached epidemic proportions;CommentsClose CommentsPermalink





(B) 34 percent of Indian and Alaska Native women will be raped in their lifetimes; andCommentsClose CommentsPermalink





(C) 39 percent of Indian and Alaska Native women will be subject to domestic violence;CommentsClose CommentsPermalink





(14) the lack of police presence and resources in Indian country has resulted in significant delays in responding to victims’ calls for assistance, which adversely affects the collection of evidence needed to prosecute crimes, particularly crimes of domestic and sexual violence;CommentsClose CommentsPermalink





(15) alcohol and drug abuse plays a role in more than 80 percent of crimes committed in tribal communities;CommentsClose CommentsPermalink





(16) the rate of methamphetamine addiction in tribal communities is 3 times the national average;CommentsClose CommentsPermalink





(17) the Department of Justice has reported that drug organizations have increasingly targeted Indian country to produce and distribute methamphetamine, citing the limited law enforcement presence and jurisdictional confusion as reasons for the increased activity;CommentsClose CommentsPermalink





(18) tribal communities face significant increases in instances of domestic violence, burglary, assault, and child abuse as a direct result of increased methamphetamine use on Indian reservations;CommentsClose CommentsPermalink





(19)(A) criminal jurisdiction in Indian country is complex, and responsibility for Indian country law enforcement is shared among Federal, tribal, and State authorities; andCommentsClose CommentsPermalink





(B) that complexity requires a high degree of commitment and cooperation from Federal and State officials that can be difficult to establish;CommentsClose CommentsPermalink





(20) agreements for cooperation among certified tribal and State law enforcement officers have proven to improve law enforcement in tribal communities;CommentsClose CommentsPermalink





(21) consistent communication among tribal, Federal, and State law enforcement agencies has proven to increase public safety and justice in tribal and nearby communities; andCommentsClose CommentsPermalink





(22) crime data is a fundamental tool of law enforcement, but for decades the Bureau of Indian Affairs and the Department of Justice have not been able to coordinate or consistently report crime and prosecution rates in tribal communities.CommentsClose CommentsPermalink





(b) Purposes- The purposes of this Act are--CommentsClose CommentsPermalink





(1) to clarify the responsibilities of Federal, State, tribal, and local governments with respect to crimes committed in tribal communities;CommentsClose CommentsPermalink





(2) to increase coordination and communication among Federal, State, tribal, and local law enforcement agencies;CommentsClose CommentsPermalink





(3) to empower tribal governments with the authority, resources, and information necessary to safely and effectively provide for the safety of the public in tribal communities;CommentsClose CommentsPermalink





(4) to reduce the prevalence of violent crime in tribal communities and to combat violence against Indian and Alaska Native women;CommentsClose CommentsPermalink





(5) to address and prevent drug trafficking and reduce rates of alcohol and drug addiction in Indian country; andCommentsClose CommentsPermalink





(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 tribal communities.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

(a) In General- In this Act:CommentsClose CommentsPermalink





(1) INDIAN COMMUNITY- The term ‘Indian community’ means a community of a federally recognized Indian tribe.CommentsClose CommentsPermalink





(2) INDIAN COUNTRY- The term ‘Indian country’ has the meaning given the term in section 1151 of title 18, United States Code.CommentsClose CommentsPermalink





(3) INDIAN TRIBE- The term ‘Indian tribe’ has the meaning given the term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).CommentsClose CommentsPermalink





(4) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(5) TRIBAL GOVERNMENT- The term ‘tribal government’ means the governing body of an Indian tribe.CommentsClose CommentsPermalink





(b) Indian Law Enforcement Reform Act- Section 2 of the Indian Law Enforcement Reform Act (25 U.S.C. 2801) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(10) TRIBAL JUSTICE OFFICIAL- The term ‘tribal justice official’ means--CommentsClose CommentsPermalink





‘(A) a tribal prosecutor;CommentsClose CommentsPermalink





‘(B) a tribal law enforcement officer; orCommentsClose CommentsPermalink





‘(C) any other person responsible for investigating or prosecuting an alleged criminal offense in tribal court.’.CommentsClose CommentsPermalink

SEC. 4. SEVERABILITY CLAUSE.

If any provision of this Act, an amendment made this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstances shall not be affected thereby.CommentsClose CommentsPermalink

TITLE I--FEDERAL ACCOUNTABILITY AND COORDINATIONCommentsClose CommentsPermalink

SEC. 101. OFFICE OF JUSTICE SERVICES RESPONSIBILITIES.

(a) Definitions- Section 2 of the Indian Law Enforcement Reform Act (25 U.S.C. 2801) is amended--CommentsClose CommentsPermalink





(1) by striking paragraph (8);CommentsClose CommentsPermalink





(2) by redesignating paragraphs (1) through (7) as paragraphs (2) through (8), respectively;CommentsClose CommentsPermalink





(3) by redesignating paragraph (9) as paragraph (1) and moving the paragraphs so as to appear in numerical order; andCommentsClose CommentsPermalink





(4) in paragraph (1) (as redesignated by paragraph (3)), by striking ‘Division of Law Enforcement Services’ and inserting ‘Office of Justice Services’.CommentsClose CommentsPermalink





(b) Additional Responsibilities of Office- Section 3 of the Indian Law Enforcement Reform Act (25 U.S.C. 2802) is amended--CommentsClose CommentsPermalink





(1) in subsection (b), by striking ‘(b) There is hereby established within the Bureau a Division of Law Enforcement Services which’ and inserting the following:CommentsClose CommentsPermalink





‘(b) Office of Justice Services- There is established in the Bureau an office, to be known as the ‘Office of Justice Services’, that’;CommentsClose CommentsPermalink





(2) in subsection (c)--CommentsClose CommentsPermalink





(A) in the matter preceding paragraph (1), by striking ‘Division of Law Enforcement Services’ and inserting ‘Office of Justice Services’;CommentsClose CommentsPermalink





(B) in paragraph (2), by inserting ‘and, with the consent of the Indian tribe, tribal criminal laws, including testifying in tribal court’ before the semicolon at the end;CommentsClose CommentsPermalink





(C) in paragraph (8), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(D) in paragraph (9), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





(E) by adding at the end the following:CommentsClose CommentsPermalink





‘(10) the development and provision of dispatch and emergency and E-911 services;CommentsClose CommentsPermalink





‘(11) communicating with tribal leaders, tribal community and victims’ advocates, tribal justice officials, and residents of Indian land on a regular basis regarding public safety and justice concerns facing tribal communities;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(14) in coordination with the Attorney General pursuant to subsection (g) of section 302 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3732), collecting, analyzing, and reporting data regarding Indian country crimes on an annual basis;CommentsClose CommentsPermalink





‘(15) submitting to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives, for each fiscal year, a detailed spending report regarding tribal public safety and justice programs that includes--CommentsClose CommentsPermalink





‘(A)(i) the number of full-time employees of the Bureau and tribal government who serve as--CommentsClose CommentsPermalink





‘(I) criminal investigators;CommentsClose CommentsPermalink





‘(II) uniform police;CommentsClose CommentsPermalink





‘(III) police and emergency dispatchers;CommentsClose CommentsPermalink





‘(IV) detention officers;CommentsClose CommentsPermalink





‘(V) executive personnel, including special agents in charge, and directors and deputies of various offices in the Office of Justice Services; orCommentsClose CommentsPermalink





‘(VI) tribal court judges, prosecutors, public defenders, or related staff; andCommentsClose CommentsPermalink





‘(ii) the amount of appropriations obligated for each category described in clause (i) for each fiscal year;CommentsClose CommentsPermalink





‘(B) a list of amounts dedicated to law enforcement and corrections, vehicles, related transportation costs, equipment, inmate transportation costs, inmate transfer costs, replacement, improvement, and repair of facilities, personnel transfers, detailees and costs related to their details, emergency events, public safety and justice communications and technology costs, and tribal court personnel, facilities, and related program costs;CommentsClose CommentsPermalink





‘(C) a list of the unmet staffing needs of law enforcement, corrections, and court personnel 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; andCommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(16) submitting to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives, for each fiscal year, a report summarizing the technical assistance, training, and other support provided to tribal law enforcement and corrections agencies that operate relevant programs pursuant to self-determination contracts or self-governance compacts with the Bureau of Indian Affairs; andCommentsClose CommentsPermalink





‘(17) promulgating regulations to carry out this Act, and routinely reviewing and updating, as necessary, the regulations contained in subchapter B of title 25, Code of Federal Regulations (or successor regulations).’;CommentsClose CommentsPermalink





(3) in subsection (d)--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘Division of Law Enforcement Services’ and inserting ‘Office of Justice Services’;CommentsClose CommentsPermalink





(B) in paragraph (3)--CommentsClose CommentsPermalink





(i) by striking ‘regulations which shall establish’ and inserting ‘regulations, which shall--CommentsClose CommentsPermalink





‘(A) establish’;CommentsClose CommentsPermalink





(ii) by striking ‘reservation.’ and inserting ‘reservation; but’; andCommentsClose CommentsPermalink





(iii) by adding at the end the following:CommentsClose CommentsPermalink





‘(B) support the enforcement of tribal laws and investigation of offenses against tribal criminal laws.’; andCommentsClose CommentsPermalink





(C) in paragraph (4)(i), in the first sentence, by striking ‘Division’ and inserting ‘Office of Justice Services’;CommentsClose CommentsPermalink





(4) in subsection (e), by striking ‘Division of Law Enforcement Services’ each place it appears and inserting ‘Office of Justice Services’; andCommentsClose CommentsPermalink





(5) by adding at the end the following:CommentsClose CommentsPermalink





‘(f) Long-Term Plan for Tribal Detention Programs- Not later than 1 year after the date of enactment of this subsection, the Secretary, acting through the Bureau, in coordination with the Department of Justice and in consultation with tribal leaders, tribal law enforcement officers, and tribal corrections officials, shall submit to Congress a long-term plan to address incarceration in Indian country, including a description of--CommentsClose CommentsPermalink





‘(1) proposed activities for the construction of detention facilities (including regional facilities) on Indian land;CommentsClose CommentsPermalink





‘(2) proposed activities for the construction of additional Federal detention facilities on Indian land;CommentsClose CommentsPermalink





‘(3) proposed activities for contracting with State and local detention centers, upon approval of affected tribal governments;CommentsClose CommentsPermalink





‘(4) proposed activities for alternatives to incarceration, developed in cooperation with tribal court systems; andCommentsClose CommentsPermalink





‘(5) other such alternatives to incarceration as the Secretary, in coordination with the Bureau and in consultation with tribal representatives, determines to be necessary.CommentsClose CommentsPermalink





‘(g) Law Enforcement Personnel of Bureau and Indian Tribes-CommentsClose CommentsPermalink





‘(1) REPORT- Not later than 60 days after the date of enactment of this subsection, the Secretary shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report regarding vacancies in law enforcement personnel of Bureau and Indian tribes.CommentsClose CommentsPermalink





‘(2) LONG-TERM PLAN- Not later than 1 year after the date of enactment of this subsection, the Secretary shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a long-term plan to address law enforcement personnel needs in Indian country.’.CommentsClose CommentsPermalink





(c) Law Enforcement Authority- Section 4 of the Indian Law Enforcement Reform Act (25 U.S.C. 2803) is amended--CommentsClose CommentsPermalink





(1) in paragraph (2)(A), by striking ‘), or’ and inserting ‘or offenses committed on Federal property processed by the Central Violations Bureau); or’; andCommentsClose CommentsPermalink





(2) in paragraph (3), by striking subparagraphs (A) through (C) and inserting the following:CommentsClose CommentsPermalink





‘(A) the offense is committed in the presence of the employee; orCommentsClose CommentsPermalink





‘(B) the offense is a Federal crime and the employee has reasonable grounds to believe that the person to be arrested has committed, or is committing, the crime;’.CommentsClose CommentsPermalink

SEC. 102. DECLINATION 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:CommentsClose CommentsPermalink





‘(a) Reports-CommentsClose CommentsPermalink





‘(1) LAW ENFORCEMENT OFFICIALS- Subject to subsection (d), if a law enforcement officer or employee of any Federal department or agency declines to initiate an investigation of an alleged violation of Federal law in Indian country, or terminates such an investigation without referral for prosecution, the officer or employee shall--CommentsClose CommentsPermalink





‘(A) submit to the appropriate tribal justice officials evidence, including related reports, relevant to the case that would advance prosecution of the case in a tribal court; andCommentsClose CommentsPermalink





‘(B) submit to the Office of Indian Country Crime relevant information regarding all declinations of alleged violations of Federal law in Indian country, including--CommentsClose CommentsPermalink





‘(i) the type of crime alleged;CommentsClose CommentsPermalink





‘(ii) the status of the accused as an Indian or non-Indian;CommentsClose CommentsPermalink





‘(iii) the status of the victim as an Indian; andCommentsClose CommentsPermalink





‘(iv) the reason for declining to initiate, open, or terminate the investigation.CommentsClose CommentsPermalink





‘(2) UNITED STATES ATTORNEYS- Subject to subsection (d), if a United States Attorney declines to prosecute, or acts to terminate prosecution of, an alleged violation of Federal law in Indian country, the United States Attorney shall--CommentsClose CommentsPermalink





‘(A) submit to the appropriate tribal justice official, sufficiently in advance of the tribal statute of limitations, evidence relevant to the case to permit the tribal prosecutor to pursue the case in tribal court; andCommentsClose CommentsPermalink





‘(B) submit to the Office of Indian Country Crime and the appropriate tribal justice official relevant information regarding all declinations of alleged violations of Federal law in Indian country, including--CommentsClose CommentsPermalink





‘(i) the type of crime alleged;CommentsClose CommentsPermalink





‘(ii) the status of the accused as an Indian or non-Indian;CommentsClose CommentsPermalink





‘(iii) the status of the victim as an Indian; andCommentsClose CommentsPermalink





‘(iv) the reason for the determination to decline or terminate the prosecution.CommentsClose CommentsPermalink





‘(b) Maintenance of Records-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Director of the Office of Indian Country Crime shall establish and maintain a compilation of information received under paragraph (1) or (2) of subsection (a) relating to declinations.CommentsClose CommentsPermalink





‘(2) AVAILABILITY TO CONGRESS- Each compilation under paragraph (1) shall be made available to Congress on an annual basis.CommentsClose CommentsPermalink





‘(c) Inclusion of Case Files- A report submitted to the appropriate tribal justice officials under paragraph (1) or (2) of subsection (a) may include the case file, including evidence collected and statements taken that could support an investigation or prosecution by the appropriate tribal justice officials.CommentsClose CommentsPermalink





‘(d) Effect of Section-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Nothing in this section requires any Federal agency or official to transfer or disclose any confidential or privileged communication, information, or source to an official of any Indian tribe.CommentsClose CommentsPermalink





‘(2) FEDERAL RULES OF CRIMINAL PROCEDURE- Rule 6 of the Federal Rules of Criminal Procedure shall apply to this section.CommentsClose CommentsPermalink





‘(3) REGULATIONS- Each Federal agency required to submit a report pursuant to this section shall adopt, by regulation, standards for the protection of confidential or privileged communications, information, and sources under paragraph (1).’.CommentsClose CommentsPermalink

SEC. 103. PROSECUTION OF CRIMES IN INDIAN COUNTRY.

(a) Appointment of Special Prosecutors- Section 543 of title 28, United States Code, is amended--CommentsClose CommentsPermalink





(1) 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’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(c) Sense of Congress Regarding Consultation- It is the sense of Congress that, in appointing attorneys under this section 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.’.CommentsClose CommentsPermalink





(b) Tribal Liaisons- The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 11. ASSISTANT UNITED STATES ATTORNEY TRIBAL LIAISONS.

‘(a) Appointment- Each United States Attorney the district of which includes Indian country shall appoint not less than 1 assistant United States Attorney to serve as a tribal liaison for the district.CommentsClose CommentsPermalink





‘(b) Duties- A tribal liaison shall be responsible for the following activities in the district of the tribal liaison:CommentsClose CommentsPermalink





‘(1) Coordinating the prosecution of Federal crimes that occur in Indian country.CommentsClose CommentsPermalink





‘(2) Developing multidisciplinary teams to combat child abuse and domestic and sexual violence offenses against Indians.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(4) Developing working relationships and maintaining communication with tribal leaders, tribal community and victims’ advocates, and tribal justice officials to gather information from, and share appropriate information with, tribal justice officials.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(6) Providing technical assistance and training regarding evidence gathering techniques to tribal justice officials and other individuals and entities that are instrumental to responding to Indian country crimes.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(8) Coordinating with the Office of Indian Country Crime, as necessary.CommentsClose CommentsPermalink





‘(9) Conducting such other activities to address and prevent violent crime in Indian country as the applicable United States Attorney determines to be appropriate.CommentsClose CommentsPermalink





‘(c) Sense of Congress Regarding Evaluations of Tribal Liaisons-CommentsClose CommentsPermalink





‘(1) FINDINGS- Congress finds that--CommentsClose CommentsPermalink





‘(A) many tribal communities rely solely on United States Attorneys offices to prosecute felony and misdemeanor crimes occurring on Indian land; andCommentsClose CommentsPermalink





‘(B) tribal liaisons have dual obligations of--CommentsClose CommentsPermalink





‘(i) coordinating prosecutions of Indian country crime; andCommentsClose CommentsPermalink





‘(ii) developing relationships with tribal communities and serving as a link between tribal communities and the Federal justice process.CommentsClose CommentsPermalink





‘(2) SENSE OF CONGRESS- It is the sense of Congress that the Attorney General should--CommentsClose CommentsPermalink





‘(A) take all appropriate actions to encourage the aggressive prosecution of all crimes committed in Indian country; andCommentsClose CommentsPermalink





‘(B) when appropriate, take into consideration the dual responsibilities of tribal liaisons described in paragraph (1)(B) in evaluating the performance of the tribal liaisons.CommentsClose CommentsPermalink





‘(d) Enhanced Prosecution of Minor Crimes-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Each United States Attorney serving a district that includes Indian country is authorized and encouraged--CommentsClose CommentsPermalink





‘(A) to appoint Special Assistant United States Attorneys pursuant to section 543(a) of title 28, United States Code, to prosecute crimes in Indian country as necessary to improve the administration of justice, and particularly when--CommentsClose CommentsPermalink





‘(i) the crime rate exceeds the national average crime rate; orCommentsClose CommentsPermalink





‘(ii) the rate at which criminal offenses are declined to be prosecuted exceeds the national average declination rate;CommentsClose CommentsPermalink





‘(B) to coordinate with applicable United States magistrate and district courts--CommentsClose CommentsPermalink





‘(i) to ensure the provision of docket time for prosecutions of Indian country crimes; andCommentsClose CommentsPermalink





‘(ii) to hold trials and other proceedings in Indian country, as appropriate;CommentsClose CommentsPermalink





‘(C) to provide to appointed Special Assistant United States Attorneys appropriate training, supervision, and staff support; andCommentsClose CommentsPermalink





‘(D) if an agreement is entered into with a Federal court pursuant to paragraph (2), to provide technical and other assistance to tribal governments and tribal court systems to ensure the success of the program under this subsection.CommentsClose CommentsPermalink





‘(2) SENSE OF CONGRESS REGARDING CONSULTATION- It is the sense of Congress that, in appointing Special Assistant United States Attorneys under this subsection, a United States Attorney should consult with tribal justice officials of each Indian tribe that would be affected by the appointment.’.CommentsClose CommentsPermalink

SEC. 104. ADMINISTRATION.

(a) Office of Tribal Justice-CommentsClose CommentsPermalink





(1) DEFINITIONS- Section 4 of the Indian Tribal Justice Technical and Legal Assistance Act of 2000 (25 U.S.C. 3653) is amended--CommentsClose CommentsPermalink





(A) by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively; andCommentsClose CommentsPermalink





(B) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink





‘(2) DIRECTOR- The term ‘Director’ means the Director of the Office of Tribal Justice.’.CommentsClose CommentsPermalink





(2) STATUS- Title I of the Indian Tribal Justice Technical and Legal Assistance Act of 2000 is amended--CommentsClose CommentsPermalink





(A) by redesignating section 106 (25 U.S.C. 3666) as section 107; andCommentsClose CommentsPermalink





(B) by inserting after section 105 (25 U.S.C. 3665) the following:CommentsClose CommentsPermalink

‘SEC. 106. OFFICE OF TRIBAL JUSTICE.

‘(a) In General- Not later than 90 days after the date of enactment of the Tribal Law and Order Act of 2009, the Attorney General shall modify the status of the Office of Tribal Justice as the Attorney General determines to be necessary to establish the Office of Tribal Justice as a permanent division of the Department.CommentsClose CommentsPermalink





‘(b) Personnel and Funding- The Attorney General shall provide to the Office of Tribal Justice such personnel and funds as are necessary to establish the Office of Tribal Justice as a division of the Department under subsection (a).CommentsClose CommentsPermalink





‘(c) Additional Duties- In addition to the duties of the Office of Tribal Justice in effect on the day before the date of enactment of the Tribal Law and Order Act of 2009, the Office of Tribal Justice shall--CommentsClose CommentsPermalink





‘(1) serve as the program and legal policy advisor to the Attorney General with respect to the treaty and trust relationship between the United States and Indian tribes;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) the trust responsibility of the United States to Indian tribes;CommentsClose CommentsPermalink





‘(B) any tribal treaty provision;CommentsClose CommentsPermalink





‘(C) the status of Indian tribes as a sovereign governments; orCommentsClose CommentsPermalink





‘(D) any other tribal interest.’.CommentsClose CommentsPermalink





(b) Office of Indian Country Crime- The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et seq.) (as amended by section 103(b)) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 12. OFFICE OF INDIAN COUNTRY CRIME.

‘(a) Establishment- There is established in the criminal division of the Department of Justice an office, to be known as the ‘Office of Indian Country Crime’.CommentsClose CommentsPermalink





‘(b) Duties- The Office of Indian Country Crime shall--CommentsClose CommentsPermalink





‘(1) develop, enforce, and administer the application of Federal criminal laws applicable in Indian country;CommentsClose CommentsPermalink





‘(2) coordinate with the United States Attorneys that have authority to prosecute crimes in Indian country;CommentsClose CommentsPermalink





‘(3) coordinate prosecutions of crimes of national significance in Indian country, as determined by the Attorney General;CommentsClose CommentsPermalink





‘(4) develop and implement criminal enforcement policies for United States Attorneys and investigators of Federal crimes regarding cases arising in Indian country; andCommentsClose CommentsPermalink





‘(5) submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives annual reports describing the prosecution and declination rates of cases involving alleged crimes in Indian country referred to United States Attorneys.CommentsClose CommentsPermalink





‘(c) Deputy Assistant Attorney General-CommentsClose CommentsPermalink





‘(1) APPOINTMENT- The Attorney General shall appoint a Deputy Assistant Attorney General for Indian Country Crime.CommentsClose CommentsPermalink





‘(2) DUTIES- The Deputy Assistant Attorney General for Indian Country Crime shall--CommentsClose CommentsPermalink





‘(A) serve as the head of the Office of Indian Country Crime;CommentsClose CommentsPermalink





‘(B) serve as a point of contact to United State Attorneys serving districts including Indian country, tribal liaisons, tribal governments, and other Federal, State, and local law enforcement agencies regarding issues affecting the prosecution of crime in Indian country; andCommentsClose CommentsPermalink





‘(C) carry out such other duties as the Attorney General may prescribe.’.CommentsClose CommentsPermalink

TITLE II--STATE ACCOUNTABILITY AND COORDINATIONCommentsClose CommentsPermalink

SEC. 201. STATE CRIMINAL JURISDICTION AND RESOURCES.

(a) Concurrent Authority of United States- Section 401(a) of Public Law 90-284 (25 U.S.C. 1321(a)) is amended--CommentsClose CommentsPermalink





(1) by striking the section designation and heading and all that follows through ‘The consent of the United States’ and inserting the following:CommentsClose CommentsPermalink

‘SEC. 401. ASSUMPTION BY STATE OF CRIMINAL JURISDICTION.

‘(a) Consent of United States-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The consent of the United States’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(2) CONCURRENT JURISDICTION- At the request of an Indian tribe, and after consultation with the Attorney General, the United States shall maintain concurrent jurisdiction to prosecute violations of sections 1152 and 1153 of title 18, United States Code, within the Indian country of the Indian tribe.’.CommentsClose CommentsPermalink





(b) Applicable Law- Section 1162 of title 18, United States Code, is amended by striking subsection (c) and inserting the following:CommentsClose CommentsPermalink





‘(c) Applicable Law- At the request of an Indian tribe, and after consultation with the Attorney General--CommentsClose CommentsPermalink





‘(1) sections 1152 and 1153 of this title shall remain in effect in the areas of the Indian country of the Indian tribe; andCommentsClose CommentsPermalink





‘(2) jurisdiction over those areas shall be concurrent among the Federal Government and State and tribal governments.’.CommentsClose CommentsPermalink

SEC. 202. INCENTIVES FOR STATE, TRIBAL, AND LOCAL LAW ENFORCEMENT COOPERATION.

(a) Establishment of Cooperative Assistance Program- The Attorney General may provide grants, technical assistance, and other assistance to State, tribal, and local governments that enter into cooperative agreements, including agreements relating to mutual aid, hot pursuit of suspects, and cross-deputization for the purposes of--CommentsClose CommentsPermalink





(1) improving law enforcement effectiveness; andCommentsClose CommentsPermalink





(2) reducing crime in Indian country and nearby communities.CommentsClose CommentsPermalink





(b) Program Plans-CommentsClose CommentsPermalink





(1) IN GENERAL- To be eligible to receive assistance under this section, a group composed of not less than 1 of each of a tribal government and a State or local government shall jointly develop and submit to the Attorney General a plan for a program to achieve the purpose described in subsection (a).CommentsClose CommentsPermalink





(2) PLAN REQUIREMENTS- A joint program plan under paragraph (1) shall include a description of--CommentsClose CommentsPermalink





(A) the proposed cooperative tribal and State or local law enforcement program for which funding is sought, including information on the population and each geographic area to be served by the program;CommentsClose CommentsPermalink





(B) the need of the proposed program for funding under this section, the amount of funding requested, and the proposed use of funds, subject to the requirements listed in subsection (c);CommentsClose CommentsPermalink





(C) the unit of government that will administer any assistance received under this section, and the method by which the assistance will be distributed;CommentsClose CommentsPermalink





(D) the types of law enforcement services to be performed on each applicable Indian reservation and the individuals and entities that will perform those services;CommentsClose CommentsPermalink





(E) the individual or group of individuals who will exercise daily supervision and control over law enforcement officers participating in the program;CommentsClose CommentsPermalink





(F) the method by which local and tribal government input with respect to the planning and implementation of the program will be ensured;CommentsClose CommentsPermalink





(G) the policies of the program regarding mutual aid, hot pursuit of suspects, deputization, training, and insurance of applicable law enforcement officers;CommentsClose CommentsPermalink





(H) the recordkeeping procedures and types of data to be collected pursuant to the program; andCommentsClose CommentsPermalink





(I) other information that the Attorney General determines to be relevant.CommentsClose CommentsPermalink





(c) Permissible Uses of Funds- An eligible entity that receives a grant under this section may use the grant, in accordance with the program plan described in subsection (b)--CommentsClose CommentsPermalink





(1) to hire and train new career tribal, State, or local law enforcement officers, or to make overtime payments for current law enforcement officers, that are or will be dedicated to--CommentsClose CommentsPermalink





(A) policing tribal land and nearby lands; andCommentsClose CommentsPermalink





(B) investigating alleged crimes on those lands;CommentsClose CommentsPermalink





(2) procure equipment, technology, or support systems to be used to investigate crimes and share information between tribal, State, and local law enforcement agencies; orCommentsClose CommentsPermalink





(3) for any other uses that the Attorney General determines will meet the purposes described in subsection (a).CommentsClose CommentsPermalink





(d) Factors for Consideration- In determining whether to approve a joint program plan submitted under subsection (b) and, on approval, the amount of assistance to provide to the program, the Attorney General shall take into consideration the following factors:CommentsClose CommentsPermalink





(1) The size and population of each Indian reservation and nearby community proposed to be served by the program.CommentsClose CommentsPermalink





(2) The complexity of the law enforcement problems proposed to be addressed by the program.CommentsClose CommentsPermalink





(3) The range of services proposed to be provided by the program.CommentsClose CommentsPermalink





(4) The proposed improvements the program will make regarding law enforcement cooperation beyond existing levels of cooperation.CommentsClose CommentsPermalink





(5) The crime rates of the tribal and nearby communities.CommentsClose CommentsPermalink





(6) The available resources of each entity applying for a grant under this section for dedication to public safety in the respective jurisdictions of the entities.CommentsClose CommentsPermalink





(e) Annual Reports- To be eligible to renew or extend a grant under this section, a group described in subsection (b)(1) shall submit to the Attorney General, together with the joint program plan under subsection (b), a report describing the law enforcement activities carried out pursuant to the program during the preceding fiscal year, including the success of the activities, including any increase in arrests or prosecutions.CommentsClose CommentsPermalink





(f) Reports by Attorney General- Not later than January 15 of each applicable fiscal year, the Attorney 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 law enforcement programs carried out using assistance provided under this section during the preceding fiscal year, including the success of the programs.CommentsClose CommentsPermalink





(g) Technical Assistance- On receipt of a request from a group composed of not less than 1 tribal government and 1 State or local government, the Attorney General shall provide technical assistance to the group to develop successful cooperative relationships that effectively combat crime in Indian country and nearby communities.CommentsClose CommentsPermalink





(h) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2010 through 2014.CommentsClose CommentsPermalink

TITLE III--EMPOWERING TRIBAL LAW ENFORCEMENT AGENCIES AND TRIBAL GOVERNMENTSCommentsClose CommentsPermalink

SEC. 301. TRIBAL POLICE OFFICERS.

(a) Flexibility in Training Law Enforcement Officers Serving Indian Country- Section 3(e) of the Indian Law Enforcement Reform Act (25 U.S.C. 2802(e)) (as amended by section 101(b)(4)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) by striking ‘(e)(1) The Secretary’ and inserting the following:CommentsClose CommentsPermalink





‘(e) Standards of Education and Experience and Classification of Positions-CommentsClose CommentsPermalink





‘(1) STANDARDS OF EDUCATION AND EXPERIENCE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary’; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





‘(B) TRAINING- The training standards established under subparagraph (A) shall permit law enforcement personnel of the Office of Justice Services or an Indian tribe to obtain training at a State or tribal police academy, a local or tribal community college, or another training academy that meets the relevant Peace Officer Standards and Training.’;CommentsClose CommentsPermalink





(2) in paragraph (3), by striking ‘Agencies’ and inserting ‘agencies’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(4) BACKGROUND CHECKS FOR OFFICERS- The Office of Justice Services shall develop standards and deadlines for the provision of background checks for tribal law enforcement and corrections officials that ensure that a response to a request by an Indian tribe for such a background check shall be provided by 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.’.CommentsClose CommentsPermalink





(b) Special Law Enforcement Commissions- Section 5(a) of the Indian Law Enforcement Reform Act (25 U.S.C. 2804(a)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘(a) The Secretary may enter into an agreement’ and inserting the following:CommentsClose CommentsPermalink





‘(a) Agreements-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later than 180 days after the date of enactment of the Tribal Law and Order Act of 2009, the Secretary shall establish procedures to enter into memoranda of agreement’;CommentsClose CommentsPermalink





(2) in the second sentence, by striking ‘The Secretary’ and inserting the following:CommentsClose CommentsPermalink





‘(2) CERTAIN ACTIVITIES- The Secretary’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(3) PROGRAM ENHANCEMENT-CommentsClose CommentsPermalink





‘(A) TRAINING SESSIONS IN INDIAN COUNTRY-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The procedures described in paragraph (1) shall include the development of a plan to enhance the certification and provision of special law enforcement commissions to tribal law enforcement officials, and, subject to subsection (d), State and local law enforcement officials, pursuant to this section.CommentsClose CommentsPermalink





‘(ii) INCLUSIONS- The plan under clause (i) shall include the hosting of regional training sessions in Indian country, not less frequently than biannually, to educate and certify candidates for the special law enforcement commissions.CommentsClose CommentsPermalink





‘(B) MEMORANDA OF AGREEMENT-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Not later than 180 days after the date of enactment of the Tribal Law and Order Act of 2009, the Secretary, in consultation with Indian tribes and tribal law enforcement agencies, shall develop minimum requirements to be included in special law enforcement commission agreements pursuant to this section.CommentsClose CommentsPermalink





‘(ii) AGREEMENT- Not later than 60 days after the date on which the Secretary determines that all applicable requirements under clause (i) are met, the Secretary shall offer to enter into a special law enforcement commission agreement with the applicable Indian tribe.’.CommentsClose CommentsPermalink





(c) Indian Law Enforcement Foundation- The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘TITLE VII--INDIAN LAW ENFORCEMENT FOUNDATIONCommentsClose CommentsPermalink

‘SEC. 701. INDIAN LAW ENFORCEMENT FOUNDATION.

‘(a) Establishment- As soon as practicable after the date of enactment of this title, the Secretary shall establish, under the laws of the District of Columbia and in accordance with this title, a foundation, to be known as the ‘Indian Law Enforcement Foundation’ (referred to in this section as the ‘Foundation’).CommentsClose CommentsPermalink





‘(b) Duties- The Foundation shall--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(d) Acceptance and Assistance- Section 5 of the Indian Law Enforcement Reform Act (25 U.S.C. 2804) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(g) Acceptance of Assistance- The Bureau may accept reimbursement, resources, assistance, or funding from--CommentsClose CommentsPermalink





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





‘(2) the Indian Law Enforcement Foundation established under section 701(a) of the Indian Self-Determination and Education Assistance Act.’.CommentsClose CommentsPermalink

SEC. 302. DRUG ENFORCEMENT IN INDIAN COUNTRY.

(a) Education and Research Programs- Section 502 of the Controlled Substances Act (21 U.S.C. 872) is amended in subsections (a)(1) and (c), by inserting ‘ tribal,’ after ‘State,’ each place it appears.CommentsClose CommentsPermalink





(b) Public-Private Education Program- Section 503 of the Comprehensive Methamphetamine Control Act of 1996 (21 U.S.C. 872a) is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by inserting ‘tribal,’ after ‘State,’; andCommentsClose CommentsPermalink





(2) in subsection (b)(2), by inserting ‘, tribal,’ after ‘State’.CommentsClose CommentsPermalink





(c) Cooperative Arrangements- Section 503 of the Controlled Substances Act (21 U.S.C. 873) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) by inserting ‘tribal,’ after ‘State,’ each place it appears; andCommentsClose CommentsPermalink





(B) in paragraphs (6) and (7), by inserting ‘, tribal,’ after ‘State’ each place it appears; andCommentsClose CommentsPermalink





(2) in subsection (d)(1), by inserting ‘, tribal,’ after ‘State’.CommentsClose CommentsPermalink





(d) Powers of Enforcement Personnel- Section 508(a) of the Controlled Substances Act (21 U.S.C. 878(a)) is amended in the matter preceding paragraph (1) by inserting ‘, tribal,’ after ‘State’.CommentsClose CommentsPermalink

SEC. 303. ACCESS TO NATIONAL CRIMINAL INFORMATION DATABASES.

(a) Access to National Criminal Information Databases- Section 534 of title 28, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a)(4), by inserting ‘Indian tribes,’ after ‘the States,’;CommentsClose CommentsPermalink





(2) by striking subsection (d) and inserting the following:CommentsClose CommentsPermalink





‘(d) Indian Law Enforcement Agencies- The Attorney General shall permit tribal and Bureau of Indian Affairs law enforcement agencies--CommentsClose CommentsPermalink





‘(1) to directly access and enter information into Federal criminal information databases; andCommentsClose CommentsPermalink





‘(2) to directly obtain information from the databases.’;CommentsClose CommentsPermalink





(3) by redesignating the second subsection (e) as subsection (f); andCommentsClose CommentsPermalink





(4) in paragraph (2) of subsection (f) (as redesignated by paragraph (3)), in the matter preceding subparagraph (A), by inserting ‘, tribal,’ after ‘Federal’.CommentsClose CommentsPermalink





(b) Requirement-CommentsClose CommentsPermalink





(1) IN GENERAL- The Attorney General shall ensure that tribal law enforcement officials that meet applicable Federal or State requirements have access to national crime information databases.CommentsClose CommentsPermalink





(2) SANCTIONS- For purpose of sanctions for noncompliance with requirements of, or misuse of, national crime information databases and information obtained from those databases, a tribal law enforcement agency or official shall be treated as Federal law enforcement agency or official.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 304. TRIBAL COURT SENTENCING AUTHORITY.

(a) Constitutional Rights- Section 202 of Public Law 90-284 (25 U.S.C. 1302) is amended--CommentsClose CommentsPermalink





(1) in the matter preceding paragraph (1), by striking ‘No Indian tribe’ and inserting the following:CommentsClose CommentsPermalink





‘(a) In General- No Indian tribe’;CommentsClose CommentsPermalink





(2) in paragraph (7) of subsection (a) (as designated by paragraph (1)), by striking ‘and a fine’ and inserting ‘or a fine’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(b) Tribal Courts and Prisoners-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Notwithstanding paragraph (7) of subsection (a) and in addition to the limitations described in the other paragraphs of that subsection, no Indian tribe, in exercising any power of self-government involving a criminal trial that subjects a defendant to more than 1 year imprisonment for any single offense, may--CommentsClose CommentsPermalink





‘(A) deny any person in such a criminal proceeding the assistance of a defense attorney licensed to practice law in any jurisdiction in the United States;CommentsClose CommentsPermalink





‘(B) require excessive bail, impose an excessive fine, inflict a cruel or unusual punishment, or impose for conviction of a single offense any penalty or punishment greater than imprisonment for a term of 3 years or a fine of $15,000, or both; orCommentsClose CommentsPermalink





‘(C) deny any person in such a criminal proceeding the due process of law.CommentsClose CommentsPermalink





‘(2) AUTHORITY- An Indian tribe exercising authority pursuant to this subsection shall--CommentsClose CommentsPermalink





‘(A) require that each judge presiding over an applicable criminal case is licensed to practice law in any jurisdiction in the United States; andCommentsClose CommentsPermalink





‘(B) make publicly available the criminal laws (including regulations and interpretive documents) of the Indian tribe.CommentsClose CommentsPermalink





‘(3) SENTENCES- A tribal court acting pursuant to paragraph (1) may require a convicted offender--CommentsClose CommentsPermalink





‘(A) to serve the sentence--CommentsClose CommentsPermalink





‘(i) in a tribal correctional center that has been approved by the Bureau of Indian Affairs for long-term incarceration, in accordance with guidelines developed by the Bureau of Indian Affairs, in consultation with Indian tribes;CommentsClose CommentsPermalink





‘(ii) in the nearest appropriate Federal facility, at the expense of the United States pursuant to a memorandum of agreement with Bureau of Prisons in accordance with paragraph (4);CommentsClose CommentsPermalink





‘(iii) 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; orCommentsClose CommentsPermalink





‘(iv) subject to paragraph (1), in an alternative rehabilitation center of an Indian tribe; orCommentsClose CommentsPermalink





‘(B) to serve another alternative form of punishment, as determined by the tribal court judge pursuant to tribal law.CommentsClose CommentsPermalink





‘(4) MEMORANDA OF AGREEMENT- A memorandum of agreement between an Indian tribe and the Bureau of Prisons under paragraph (2)(A)(ii)--CommentsClose CommentsPermalink





‘(A) shall acknowledge that the United States will incur all costs involved, including the costs of transfer, housing, medical care, rehabilitation, and reentry of transferred prisoners;CommentsClose CommentsPermalink





‘(B) shall limit the transfer of prisoners to prisoners convicted in tribal court of violent crimes, crimes involving sexual abuse, and serious drug offenses, as determined by the Bureau of Prisons, in consultation with tribal governments, by regulation;CommentsClose CommentsPermalink





‘(C) shall not affect the jurisdiction, power of self-government, or any other authority of an Indian tribe over the territory or members of the Indian tribe;CommentsClose CommentsPermalink





‘(D) shall contain such other requirements as the Bureau of Prisons, in consultation with the Bureau of Indian Affairs and tribal governments, may determine, by regulation; andCommentsClose CommentsPermalink





‘(E) shall be executed and carried out not later than 180 days after the date on which the applicable Indian tribe first contacts the Bureau of Prisons to accept a transfer of a tribal court offender pursuant to this subsection.CommentsClose CommentsPermalink





‘(c) Effect of Section- Nothing in this section affects the obligation of the United States, or any State government that has been delegated authority by the United States, to investigate and prosecute any criminal violation in Indian country.’.CommentsClose CommentsPermalink





(b) Grants and Contracts- Section 1007(b) of the Economic Opportunity Act of 1964 (42 U.S.C. 2996f(b)) is amended by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink





‘(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;’.CommentsClose CommentsPermalink

SEC. 305. INDIAN LAW AND ORDER COMMISSION.

(a) Establishment- There is established a commission to be known as the Indian Law and Order Commission (referred to in this section as the ‘Commission’).CommentsClose CommentsPermalink





(b) Membership-CommentsClose CommentsPermalink





(1) IN GENERAL- The Commission shall be composed of 9 members, of whom--CommentsClose CommentsPermalink





(A) 3 shall be appointed by the President, in consultation with--CommentsClose CommentsPermalink





(i) the Attorney General; andCommentsClose CommentsPermalink





(ii) the Secretary of the Interior;CommentsClose CommentsPermalink





(B) 2 shall be appointed by the majority leader of the Senate, in consultation with the Chairperson of the Committee on Indian Affairs of the Senate;CommentsClose CommentsPermalink





(C) 1 shall be appointed by the minority leader of the Senate, in consultation with the Vice Chairperson of the Committee on Indian Affairs of the Senate;CommentsClose CommentsPermalink





(D) 2 shall be appointed by the Speaker of the House of Representatives, in consultation with the Chairperson of the Committee on Natural Resources of the House of Representatives; andCommentsClose CommentsPermalink





(E) 1 shall be appointed by the minority leader of the House of Representatives, in consultation with the Ranking Member of the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink





(2) REQUIREMENTS FOR ELIGIBILITY- Each member of the Commission shall have significant experience and expertise in--CommentsClose CommentsPermalink





(A) the Indian country criminal justice system; andCommentsClose CommentsPermalink





(B) matters to be studied by the Commission.CommentsClose CommentsPermalink





(3) CONSULTATION REQUIRED- The President, the Speaker and minority leader of the House of Representatives, and the majority leader and minority leader of the Senate shall consult before the appointment of members of the Commission under paragraph (1) to achieve, to the maximum extent practicable, fair and equitable representation of various points of view with respect to the matters to be studied by the Commission.CommentsClose CommentsPermalink





(4) TERM- Each member shall be appointed for the life of the Commission.CommentsClose CommentsPermalink





(5) TIME FOR INITIAL APPOINTMENTS- The appointment of the members of the Commission shall be made not later than 60 days after the date of enactment of this Act.CommentsClose CommentsPermalink





(6) VACANCIES- A vacancy in the Commission shall be filled--CommentsClose CommentsPermalink





(A) in the same manner in which the original appointment was made; andCommentsClose CommentsPermalink





(B) not later than 60 days after the date on which the vacancy occurred.CommentsClose CommentsPermalink





(c) Operation-CommentsClose CommentsPermalink





(1) CHAIRPERSON- Not later than 15 days after the date on which all members of the Commission have been appointed, the Commission shall select 1 member to serve as Chairperson of the Commission.CommentsClose CommentsPermalink





(2) MEETINGS-CommentsClose CommentsPermalink





(A) IN GENERAL- The Commission shall meet at the call of the Chairperson.CommentsClose CommentsPermalink





(B) INITIAL MEETING- The initial meeting shall take place not later than 30 days after the date described in paragraph (1).CommentsClose CommentsPermalink





(3) QUORUM- A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.CommentsClose CommentsPermalink





(4) RULES- The Commission may establish, by majority vote, any rules for the conduct of Commission business, in accordance with this Act and other applicable law.CommentsClose CommentsPermalink





(d) Comprehensive Study of Criminal Justice System Relating to Indian Country- The Commission shall conduct a comprehensive study of law enforcement and criminal justice in tribal communities, including--CommentsClose CommentsPermalink





(1) jurisdiction over crimes committed in Indian country and the impact of that jurisdiction on--CommentsClose CommentsPermalink





(A) the investigation and prosecution of Indian country crimes; andCommentsClose CommentsPermalink





(B) residents of Indian land;CommentsClose CommentsPermalink





(2) the tribal jail and Federal prisons systems and the effect of those systems with respect to--CommentsClose CommentsPermalink





(A) reducing Indian country crime; andCommentsClose CommentsPermalink





(B) rehabilitation of offenders;CommentsClose CommentsPermalink





(3)(A) tribal juvenile justice systems and the Federal juvenile justice system as relating to Indian country; andCommentsClose CommentsPermalink





(B) the effect of those systems and related programs in preventing juvenile crime, rehabilitating Indian youth in custody, and reducing recidivism among Indian youth;CommentsClose CommentsPermalink





(4) the impact of the Indian Civil Rights Act of 1968 (25 U.S.C. 1301 et seq.) on--CommentsClose CommentsPermalink





(A) the authority of Indian tribes; andCommentsClose CommentsPermalink





(B) the rights of defendants subject to tribal government authority; andCommentsClose CommentsPermalink





(5) studies of such other subjects as the Commission determines relevant to achieve the purposes of the Tribal Law and Order Act of 2009.CommentsClose CommentsPermalink





(e) Recommendations- Taking into consideration the results of the study under paragraph (1), the Commission shall develop recommendations on necessary modifications and improvements to justice systems at the tribal, Federal, and State levels, including consideration of--CommentsClose CommentsPermalink





(1) simplifying jurisdiction in Indian country;CommentsClose CommentsPermalink





(2) improving services and programs--CommentsClose CommentsPermalink





(A) to prevent juvenile crime on Indian land;CommentsClose CommentsPermalink





(B) to rehabilitate Indian youth in custody; andCommentsClose CommentsPermalink





(C) to reduce recidivism among Indian youth;CommentsClose CommentsPermalink





(3) enhancing the penal authority of tribal courts and exploring alternatives to incarceration;CommentsClose CommentsPermalink





(4) the establishment of satellite United States magistrate or district courts in Indian country;CommentsClose CommentsPermalink





(5) changes to the tribal jails and Federal prison systems; andCommentsClose CommentsPermalink





(6) other issues that, as determined by the Commission, would reduce violent crime in Indian country.CommentsClose CommentsPermalink





(f) Report- Not later than 2 years after the date of enactment of this Act, the Commission shall submit to the President and Congress a report that contains--CommentsClose CommentsPermalink





(1) a detailed statement of the findings and conclusions of the Commission; andCommentsClose CommentsPermalink





(2) the recommendations of the Commission for such legislative and administrative actions as the Commission considers to be appropriate.CommentsClose CommentsPermalink





(g) Powers-CommentsClose CommentsPermalink





(1) HEARINGS-CommentsClose CommentsPermalink





(A) IN GENERAL- The Commission may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Commission considers to be advisable to carry out the duties of the Commission under this section.CommentsClose CommentsPermalink





(B) PUBLIC REQUIREMENT- The hearings of the Commission under this paragraph shall be open to the public.CommentsClose CommentsPermalink





(2) WITNESS EXPENSES-CommentsClose CommentsPermalink





(A) IN GENERAL- A witness requested to appear before the Commission shall be paid the same fees as are paid to witnesses under section 1821 of title 28, United States Code.CommentsClose CommentsPermalink





(B) PER DIEM AND MILEAGE- The per diem and mileage allowance for a witness shall be paid from funds made available to the Commission.CommentsClose CommentsPermalink





(3) INFORMATION FROM FEDERAL, TRIBAL, AND STATE AGENCIES-CommentsClose CommentsPermalink





(A) IN GENERAL- The Commission may secure directly from a Federal agency such information as the Commission considers to be necessary to carry out this section.CommentsClose CommentsPermalink





(B) TRIBAL AND STATE AGENCIES- The Commission may request the head of any tribal or State agency to provide to the Commission such information as the Commission considers to be necessary to carry out this section.CommentsClose CommentsPermalink





(4) POSTAL SERVICES- The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government.CommentsClose CommentsPermalink





(5) GIFTS- The Commission may accept, use, and dispose of gifts or donations of services or property.CommentsClose CommentsPermalink





(h) Commission Personnel Matters-CommentsClose CommentsPermalink





(1) TRAVEL EXPENSES- A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission.CommentsClose CommentsPermalink





(2) DETAIL OF FEDERAL EMPLOYEES- On the affirmative vote of 2/3 of the members of the Commission and the approval of the appropriate Federal agency head, an employee of the Federal Government may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privileges.CommentsClose CommentsPermalink





(3) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES- On request of the Commission, the Attorney General and Secretary shall provide to the Commission reasonable and appropriate office space, supplies, and administrative assistance.CommentsClose CommentsPermalink





(i) Contracts for Research-CommentsClose CommentsPermalink





(1) RESEARCHERS AND EXPERTS-CommentsClose CommentsPermalink





(A) IN GENERAL- On an affirmative vote of 2/3 of the members of the Commission, the Commission may select nongovernmental researchers and experts to assist the Commission in carrying out the duties of the Commission under this section.CommentsClose CommentsPermalink





(B) NATIONAL INSTITUTE OF JUSTICE- The National Institute of Justice may enter into a contract with the researchers and experts selected by the Commission under subparagraph (A) to provide funding in exchange for the services of the researchers and experts.CommentsClose CommentsPermalink





(2) OTHER ORGANIZATIONS- Nothing in this subsection limits the ability of the Commission to enter into contracts with any other entity or organization to carry out research necessary to carry out the duties of the Commission under this section.CommentsClose CommentsPermalink





(j) Tribal Advisory Committee-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- The Commission shall establish a committee, to be known as the ‘Tribal Advisory Committee’.CommentsClose CommentsPermalink





(2) MEMBERSHIP-CommentsClose CommentsPermalink





(A) COMPOSITION- The Tribal Advisory Committee shall consist of 2 representatives of Indian tribes from each region of the Bureau of Indian Affairs.CommentsClose CommentsPermalink





(B) QUALIFICATIONS- Each member of the Tribal Advisory Committee shall have experience relating to--CommentsClose CommentsPermalink





(i) justice systems;CommentsClose CommentsPermalink





(ii) crime prevention; orCommentsClose CommentsPermalink





(iii) victim services.CommentsClose CommentsPermalink





(3) DUTIES- The Tribal Advisory Committee shall--CommentsClose CommentsPermalink





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





(B) provide to the Commission advice and recommendations, submit materials, documents, testimony, and such other information as the Commission determines to be necessary to carry out the duties of the Commission under this section.CommentsClose CommentsPermalink





(k) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section, to remain available until expended.CommentsClose CommentsPermalink





(l) Termination of Commission- The Commission shall terminate 90 days after the date on which the Commission submits the report of the Commission under subsection (c)(3).CommentsClose CommentsPermalink





(m) Nonapplicability of FACA- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.CommentsClose CommentsPermalink

TITLE IV--TRIBAL JUSTICE SYSTEMSCommentsClose CommentsPermalink

SEC. 401. INDIAN ALCOHOL AND SUBSTANCE ABUSE.

(a) Correction of References-CommentsClose CommentsPermalink





(1) INTER-DEPARTMENTAL MEMORANDUM OF AGREEMENT- Section 4205 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2411) is amended--CommentsClose CommentsPermalink





(A) in subsection (a)--CommentsClose CommentsPermalink





(i) in the matter preceding paragraph (1)--CommentsClose CommentsPermalink





(I) by striking ‘the date of enactment of this subtitle’ and inserting ‘the date of enactment of the Tribal Law and Order Act of 2009’; andCommentsClose CommentsPermalink





(II) by inserting ‘, the Attorney General,’ after ‘Secretary of the Interior’;CommentsClose CommentsPermalink





(ii) in paragraph (2)(A), by inserting ‘, Bureau of Justice Assistance, Substance Abuse and Mental Health Services Administration,’ after ‘Bureau of Indian Affairs,’;CommentsClose CommentsPermalink





(iii) in paragraph (4), by inserting ‘, Department of Justice, Substance Abuse and Mental Health Services Administration,’ after ‘Bureau of Indian Affairs’;CommentsClose CommentsPermalink





(iv) in paragraph (5), by inserting ‘, Department of Justice, Substance Abuse and Mental Health Services Administration,’ after ‘Bureau of Indian Affairs’;CommentsClose CommentsPermalink





(v) in paragraph (7), by inserting ‘, the Attorney General,’ after ‘Secretary of the Interior’;CommentsClose CommentsPermalink





(B) in subsection (c), by inserting ‘, the Attorney General,’ after ‘Secretary of the Interior’; andCommentsClose CommentsPermalink





(C) in subsection (d), by striking ‘the date of enactment of this subtitle’ and inserting ‘the date of enactment of the Tribal Law and Order Act of 2009’.CommentsClose CommentsPermalink





(2) TRIBAL ACTION PLANS- Section 4206 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2412) is amended--CommentsClose CommentsPermalink





(A) in subsection (b), in the first sentence, by inserting ‘, the Bureau of Justice Assistance, the Substance Abuse and Mental Health Services Administration,’ before ‘and the Indian Health Service service unit’;CommentsClose CommentsPermalink





(B) in subsection (c)(1)(A)(i), by inserting ‘, the Bureau of Justice Assistance, the Substance Abuse and Mental Health Services Administration,’ before ‘and the Indian Health Service service unit’;CommentsClose CommentsPermalink





(C) in subsection (d)(2), by striking ‘fiscal year 1993 and such sums as are necessary for each of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000’ and inserting ‘the period of fiscal years 2010 through 2014’;CommentsClose CommentsPermalink





(D) in subsection (e), in the first sentence, by inserting ‘, the Attorney General,’ after ‘the Secretary of the Interior’; andCommentsClose CommentsPermalink





(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 ‘the period of fiscal years 2010 through 2014’.CommentsClose CommentsPermalink





(3) DEPARTMENTAL RESPONSIBILITY- Section 4207 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2413) is amended--CommentsClose CommentsPermalink





(A) in subsection (a), by inserting ‘, the Attorney General’ after ‘Bureau of Indian Affairs’;CommentsClose CommentsPermalink





(B) in subsection (b)--CommentsClose CommentsPermalink





(i) by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink





‘(1) ESTABLISHMENT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- To improve coordination among the Federal agencies and departments carrying out this subtitle, there is established within the Substance Abuse and Mental Health Services Administration an office, to be known as the ‘Office of Indian Alcohol and Substance Abuse’ (referred to in this section as the ‘Office’).CommentsClose CommentsPermalink





‘(B) DIRECTOR- The director of the Office shall be appointed by the Director of the Substance Abuse and Mental Health Services Administration--CommentsClose CommentsPermalink





‘(i) on a permanent basis; andCommentsClose CommentsPermalink





‘(ii) at a grade of not less than GS-15 of the General Schedule.’;CommentsClose CommentsPermalink





(ii) in paragraph (2)--CommentsClose CommentsPermalink





(I) by striking ‘(2) In addition’ and inserting the following:CommentsClose CommentsPermalink





‘(2) RESPONSIBILITIES OF OFFICE- In addition’;CommentsClose CommentsPermalink





(II) by striking subparagraph (A) and inserting the following:CommentsClose CommentsPermalink





‘(A) coordinating with other agencies to monitor the performance and compliance of the relevant Federal programs in achieving the goals and purposes of this subtitle and the Memorandum of Agreement entered into under section 4205;’;CommentsClose CommentsPermalink





(III) in subparagraph (B)--CommentsClose CommentsPermalink

(aa) by striking ‘within the Bureau of Indian Affairs’; andCommentsClose CommentsPermalink

(bb) by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink

(IV) by adding at the end the following:CommentsClose CommentsPermalink





‘(C) not later than 1 year after the date of enactment of the Tribal Law and Order Act of 2009, developing, in coordination and consultation with tribal governments, a framework for interagency and tribal coordination that--CommentsClose CommentsPermalink





‘(i) establish the goals and other desired outcomes of this Act;CommentsClose CommentsPermalink





‘(ii) prioritizes outcomes that are aligned with the purposes of affected agencies;CommentsClose CommentsPermalink





‘(iii) provides guidelines for resource and information sharing;CommentsClose CommentsPermalink





‘(iv) provides technical assistance to the affected agencies to establish effective and permanent interagency communication and coordination; andCommentsClose CommentsPermalink





‘(v) determines whether collaboration is feasible, cost-effective, and within agency capability.’; andCommentsClose CommentsPermalink





(iii) by striking paragraph (3) and inserting the following:CommentsClose CommentsPermalink





‘(3) APPOINTMENT OF EMPLOYEES- The Director of the Substance Abuse and Mental Health Services Administration shall appoint such employees to work in the Office, and shall provide such funding, services, and equipment, as may be necessary to enable the Office to carry out the responsibilities under this subsection.’; andCommentsClose CommentsPermalink





(C) in subsection (c)--CommentsClose CommentsPermalink





(i) by striking ‘of Alcohol and Substance Abuse’ each place it appears;CommentsClose CommentsPermalink





(ii) in paragraph (1), in the second sentence, by striking ‘The Assistant Secretary of the Interior for Indian Affairs’ and inserting ‘The Director of the Substance Abuse and Mental Health Services Administration’; andCommentsClose CommentsPermalink





(iii) in paragraph (3)--CommentsClose CommentsPermalink





(I) in the matter preceding subparagraph (A), by striking ‘Youth’ and inserting ‘youth’; andCommentsClose CommentsPermalink





(II) by striking ‘programs of the Bureau of Indian Affairs’ and inserting ‘the applicable Federal programs’.CommentsClose CommentsPermalink





(4) REVIEW OF PROGRAMS- Section 4208a(a) of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2414a(a)) is amended in the matter preceding paragraph (1) by inserting ‘, the Attorney General,’ after ‘the Secretary of the Interior’.CommentsClose CommentsPermalink





(5) FEDERAL FACILITIES, PROPERTY, AND EQUIPMENT- Section 4209 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2415) is amended--CommentsClose CommentsPermalink





(A) in subsection (a), by inserting ‘, the Attorney General,’ after ‘the Secretary of the Interior’;CommentsClose CommentsPermalink





(B) in subsection (b)--CommentsClose CommentsPermalink





(i) in the first sentence, by inserting ‘, the Attorney General,’ after ‘the Secretary of the Interior’;CommentsClose CommentsPermalink





(ii) in the second sentence, by inserting ‘, nor the Attorney General,’ after ‘the Secretary of the Interior’; andCommentsClose CommentsPermalink





(iii) in the third sentence, by inserting ‘, the Department of Justice,’ after ‘the Department of the Interior’; andCommentsClose CommentsPermalink





(C) in subsection (c)(1), by inserting ‘, the Attorney General,’ after ‘the Secretary of the Interior’.CommentsClose CommentsPermalink





(6) NEWSLETTER- Section 4210 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2416) is amended--CommentsClose CommentsPermalink





(A) in subsection (a), in the first sentence, by inserting ‘, the Attorney General,’ after ‘the Secretary of the Interior’; andCommentsClose CommentsPermalink





(B) in subsection (b), 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 ‘the period of fiscal years 2010 through 2014’.CommentsClose CommentsPermalink





(7) REVIEW- Section 4211(a) of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2431(a)) is amended in the matter preceding paragraph (1) by inserting ‘, the Attorney General,’ after ‘the Secretary of the Interior’.CommentsClose CommentsPermalink





(b) Indian Education Programs- Section 4212 of the Indian Alcohol and Substance Abuse Prevention Act of 1986 (25 U.S.C. 2432) is amended by striking subsection (a) and inserting the following:CommentsClose CommentsPermalink





‘(a) Summer Youth Programs-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The head of the Indian Alcohol and Substance Abuse Program, in coordination with the Assistant Secretary for Indian Affairs, shall develop and implement programs in tribal schools and schools funded by the Bureau of Indian Education (subject to the approval of the local school board or contract school board) to determine the effectiveness of summer youth programs in advancing the purposes and goals of this Act.CommentsClose CommentsPermalink





‘(2) COSTS- The head of the Indian Alcohol and Substance Abuse Program and the Assistant Secretary shall defray all costs associated with the actual operation and support of the summer youth programs in a school from funds appropriated to carry out this subsection.CommentsClose CommentsPermalink





‘(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out the programs under this subsection such sums as are necessary for each of fiscal years 2010 through 2014.’.CommentsClose CommentsPermalink





(c) Emergency Shelters- Section 4213(e) of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2433(e)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking ‘as may be necessary’ and all that follows through the end of the paragraph and inserting ‘as are necessary for each of fiscal years 2010 through 2014.’;CommentsClose CommentsPermalink





(2) in paragraph (2), by striking ‘$7,000,000’ and all that follows through the end of the paragraph and inserting ‘$10,000,000 for each of fiscal years 2010 through 2014.’; andCommentsClose CommentsPermalink





(3) by indenting paragraphs (4) and (5) appropriately.CommentsClose CommentsPermalink





(d) Review of Programs- Section 4215(a) of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2441(a)) is amended by inserting ‘, the Attorney General,’ after ‘the Secretary of the Interior’.CommentsClose CommentsPermalink





(e) Illegal Narcotics Trafficking; Source Eradication- Section 4216 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2442) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) in subparagraph (A), by striking the comma at the end and inserting a semicolon;CommentsClose CommentsPermalink





(ii) in subparagraph (B), by striking ‘, and’ at the end and inserting a semicolon;CommentsClose CommentsPermalink





(iii) in subparagraph (C), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(iv) by adding at the end the following:CommentsClose CommentsPermalink





‘(D) the Blackfeet Nation of Montana for the investigation and control of illegal narcotics traffic on the Blackfeet Indian Reservation along the border with Canada.’;CommentsClose CommentsPermalink





(B) in paragraph (2), by striking ‘United States Custom Service’ and inserting ‘United States Customs and Border Protection’; andCommentsClose CommentsPermalink





(C) by striking paragraph (3) and inserting the following:CommentsClose CommentsPermalink





‘(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this subsection such sums as are necessary for each of fiscal years 2010 through 2014.’; andCommentsClose CommentsPermalink





(2) in subsection (b)(2), by striking ‘as may be necessary’ and all that follows through the end of the paragraph and inserting ‘as are necessary for each of fiscal years 2010 through 2014.’.CommentsClose CommentsPermalink





(f) Law Enforcement and Judicial Training- Section 4218 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2451) is amended--CommentsClose CommentsPermalink





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





‘(a) Training Programs-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary of the Interior, in coordination with the Attorney General, the Administrator of the Drug Enforcement Administration, and the Director of the Federal Bureau of Investigation, shall ensure, through the establishment of a new training program or by supplementing existing training programs, that all Bureau of Indian Affairs and tribal law enforcement and judicial personnel have access to training regarding--CommentsClose CommentsPermalink





‘(A) the investigation and prosecution of offenses relating to illegal narcotics; andCommentsClose CommentsPermalink





‘(B) alcohol and substance abuse prevention and treatment.CommentsClose CommentsPermalink





‘(2) YOUTH-RELATED TRAINING- Any training provided to Bureau of Indian Affairs or tribal law enforcement or judicial personnel under paragraph (1) shall include training in issues relating to youth alcohol and substance abuse prevention and treatment.’; andCommentsClose CommentsPermalink





(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 2010 through 2014.’.CommentsClose CommentsPermalink





(g) Juvenile Detention Centers- Section 4220 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2453) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) by striking ‘The Secretary’ the first place it appears and inserting the following:CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary’;CommentsClose CommentsPermalink





(B) in the second sentence, by striking ‘The Secretary shall’ and inserting the following:CommentsClose CommentsPermalink





‘(2) CONSTRUCTION AND OPERATION- The Secretary shall’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(3) DEVELOPMENT OF PLAN-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 180 days after the date of enactment of this paragraph, the Secretary, the Director of the Substance Abuse and Mental Health Services Administration, the Director of the Indian Health Service, 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.CommentsClose CommentsPermalink





‘(B) COORDINATION- The plan under subparagraph (A) shall require the Bureau of Indian Education and the Indian Health Service to coordinate with tribal and Bureau of Indian Affairs juvenile detention centers to provide services to those centers.’; andCommentsClose CommentsPermalink





(2) in subsection (b)--CommentsClose CommentsPermalink





(A) by striking ‘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 ‘such sums as are necessary for each of fiscal years 2010 through 2014’; andCommentsClose CommentsPermalink





(B) by indenting paragraph (2) appropriately.CommentsClose CommentsPermalink

SEC. 402. INDIAN TRIBAL JUSTICE; TECHNICAL AND LEGAL ASSISTANCE.

(a) Indian Tribal Justice-CommentsClose CommentsPermalink





(1) BASE SUPPORT FUNDING- Section 103(b) of the Indian Tribal Justice Act (25 U.S.C. 3613(b)) is amended by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink





‘(2) the employment of tribal court personnel, including tribal court judges, prosecutors, public defenders, guardians ad litem, and court-appointed special advocates for children and juveniles;’.CommentsClose CommentsPermalink





(2) TRIBAL JUSTICE SYSTEMS- Section 201 of the Indian Tribal Justice Act (25 U.S.C. 3621) is amended--CommentsClose CommentsPermalink





(A) in subsection (a)--CommentsClose CommentsPermalink





(i) by striking ‘the provisions of sections 101 and 102 of this Act’ and inserting ‘sections 101 and 102’; andCommentsClose CommentsPermalink





(ii) by striking ‘the fiscal years 2000 through 2007’ and inserting ‘fiscal years 2010 through 2014’;CommentsClose CommentsPermalink





(B) in subsection (b)--CommentsClose CommentsPermalink





(i) by striking ‘the provisions of section 103 of this Act’ and inserting ‘section 103’; andCommentsClose CommentsPermalink





(ii) by striking ‘the fiscal years 2000 through 2007’ and inserting ‘fiscal years 2010 through 2014’;CommentsClose CommentsPermalink





(C) in subsection (c), by striking ‘the fiscal years 2000 through 2007’ and inserting ‘fiscal years 2010 through 2014’; andCommentsClose CommentsPermalink





(D) in subsection (d), by striking ‘the fiscal years 2000 through 2007’ and inserting ‘fiscal years 2010 through 2014’.CommentsClose CommentsPermalink





(b) Technical and Legal Assistance-CommentsClose CommentsPermalink





(1) TRIBAL CIVIL LEGAL ASSISTANCE GRANTS- Section 102 of the Indian Tribal Justice Technical and Legal Assistance Act of 2000 (25 U.S.C. 3662) is amended by inserting ‘(including guardians ad litem and court-appointed special advocates for children and juveniles)’ after ‘civil legal assistance’.CommentsClose CommentsPermalink





(2) TRIBAL CRIMINAL LEGAL ASSISTANCE GRANTS- Section 103 of the Indian Tribal Justice Technical and Legal Assistance Act of 2000 (25 U.S.C. 3663) is amended by striking ‘criminal legal assistance to members of Indian tribes and tribal justice systems’ and inserting ‘criminal legal assistance services to all defendants subject to tribal court jurisdiction and judicial services for tribal courts’.CommentsClose CommentsPermalink





(3) FUNDING- The Indian Tribal Justice Technical and Legal Assistance Act of 2000 is amended--CommentsClose CommentsPermalink





(A) in section 106 (25 U.S.C. 3666), by striking ‘2000 through 2004’ and inserting ‘2010 through 2014’; andCommentsClose CommentsPermalink





(B) in section 201(d) (25 U.S.C. 3681(d)), by striking ‘2000 through 2004’ and inserting ‘2010 through 2014’.CommentsClose CommentsPermalink

SEC. 403. TRIBAL RESOURCES GRANT PROGRAM.

Section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended--CommentsClose CommentsPermalink





(1) in subsection (b)--CommentsClose CommentsPermalink





(A) in each of paragraphs (1) through (4) and (6) through (17), by inserting ‘to’ after the paragraph designation;CommentsClose CommentsPermalink





(B) in paragraph (1), by striking ‘State and’ and inserting ‘State, tribal, or’;CommentsClose CommentsPermalink





(C) in paragraphs (9) and (10), by inserting ‘, tribal,’ after ‘State’ each place it appears;CommentsClose CommentsPermalink





(D) in paragraph (15)--CommentsClose CommentsPermalink





(i) by striking ‘a State in’ and inserting ‘a State or Indian tribe in’;CommentsClose CommentsPermalink





(ii) by striking ‘the State which’ and inserting ‘the State or tribal community that’; andCommentsClose CommentsPermalink





(iii) by striking ‘a State or’ and inserting ‘a State, tribal, or’;CommentsClose CommentsPermalink





(E) in paragraph (16), by striking ‘and’ at the endCommentsClose CommentsPermalink





(F) in paragraph (17), by striking the period at the end and inserting ‘; and’;CommentsClose CommentsPermalink





(G) by redesignating paragraphs (6) through (17) as paragraphs (5) through (16), respectively; andCommentsClose CommentsPermalink





(H) by adding at the end the following:CommentsClose CommentsPermalink





‘(17) to permit tribal governments receiving direct law enforcement services from the Bureau of Indian Affairs to access the program under this section on behalf of the Bureau for use in accordance with paragraphs (1) through (16).’.CommentsClose CommentsPermalink





(2) in subsection (i), by striking ‘The authority’ and inserting ‘Except as provided in subsection (j), the authority’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(j) Grants to Indian Tribes-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Notwithstanding subsection (i) and section 1703, and in acknowledgment of the Federal nexus and distinct Federal responsibility to address and prevent crime in Indian country, the Attorney General shall provide grants under this section to Indian tribal governments, for fiscal year 2010 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).CommentsClose CommentsPermalink





‘(2) PRIORITY OF FUNDING- In providing grants to Indian tribal governments under this subsection, the Attorney General shall take into consideration reservation crime rates and tribal law enforcement staffing needs of each Indian tribal government.CommentsClose CommentsPermalink





‘(3) FEDERAL SHARE- Because of the Federal nature and responsibility for providing public safety on Indian land, the Federal share of the cost of any activity carried out using a grant under this subsection shall be 100 percent.CommentsClose CommentsPermalink





‘(4) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as are necessary to carry out this subsection for each of fiscal years 2010 through 2014.CommentsClose CommentsPermalink





‘(k) Report- Not later than 180 days after the date of enactment of this subsection, the Attorney General shall submit to Congress a report describing the extent and effectiveness of the Community Oriented Policing (COPS) initiative as applied in Indian country, including particular references to--CommentsClose CommentsPermalink





‘(1) the problem of intermittent funding;CommentsClose CommentsPermalink





‘(2) the integration of COPS personnel with existing law enforcement authorities; andCommentsClose CommentsPermalink





‘(3) an explanation of how the practice of community policing and the broken windows theory can most effectively be applied in remote tribal locations.’.CommentsClose CommentsPermalink

SEC. 404. TRIBAL JAILS PROGRAM.

(a) In General- Section 20109 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13709) is amended by striking subsection (a) and inserting the following:CommentsClose CommentsPermalink





‘(a) Reservation of Funds- Notwithstanding any other provision of this part, of amounts made available to the Attorney General to carry out programs relating to offender incarceration, the Attorney General shall reserve $35,000,000 for each of fiscal years 2010 through 2014 to carry out this section.’.CommentsClose CommentsPermalink





(b) Regional Detention Centers-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 20109 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13709) is amended by striking subsection (b) and inserting the following:CommentsClose CommentsPermalink





‘(b) Grants to Indian Tribes-CommentsClose CommentsPermalink





‘(1) IN GENERAL- From the amounts reserved under subsection (a), the Attorney General shall provide grants--CommentsClose CommentsPermalink





‘(A) to Indian tribes for purposes of--CommentsClose CommentsPermalink





‘(i) construction and maintenance of jails on Indian land for the incarceration of offenders subject to tribal jurisdiction;CommentsClose CommentsPermalink





‘(ii) entering into contracts with private entities to increase the efficiency of the construction of tribal jails; andCommentsClose CommentsPermalink





‘(iii) developing and implementing alternatives to incarceration in tribal jails;CommentsClose CommentsPermalink





‘(B) to Indian tribes for the construction of tribal justice centers that combine tribal police, courts, and corrections services to address violations of tribal civil and criminal laws;CommentsClose CommentsPermalink





‘(C) to consortia of Indian tribes for purposes of constructing and operating regional detention centers on Indian land for long-term incarceration of offenders subject to tribal jurisdiction, as the applicable consortium determines to be appropriate.CommentsClose CommentsPermalink





‘(2) PRIORITY OF FUNDING- in providing grants under this subsection, the Attorney General shall take into consideration applicable--CommentsClose CommentsPermalink





‘(A) reservation crime rates;CommentsClose CommentsPermalink





‘(B) annual tribal court convictions; andCommentsClose CommentsPermalink





‘(C) bed space needs.CommentsClose CommentsPermalink





‘(3) FEDERAL SHARE- Because of the Federal nature and responsibility for providing public safety on Indian land, the Federal share of the cost of any activity carried out using a grant under this subsection shall be 100 percent.’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENT- Section 20109(c) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13709(c)) is amended by inserting ‘or consortium of Indian tribes, as applicable,’ after ‘Indian tribe’.CommentsClose CommentsPermalink





(3) LONG-TERM PLAN- Section 20109 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13709) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(d) Long-Term Plan- Not later than 1 year after the date of enactment of this subsection, the Attorney General, in coordination with the Bureau of Indian Affairs and in consultation with tribal leaders, tribal law enforcement officers, and tribal corrections officials, shall submit to Congress a long-term plan to address incarceration in Indian country, including a description of--CommentsClose CommentsPermalink





‘(1) proposed activities for construction of detention facilities (including regional facilities) on Indian land;CommentsClose CommentsPermalink





‘(2) proposed activities for construction of additional Federal detention facilities on Indian land;CommentsClose CommentsPermalink





‘(3) proposed activities for contracting with State and local detention centers, with tribal government approval;CommentsClose CommentsPermalink





‘(4) proposed alternatives to incarceration, developed in cooperation with tribal court systems; andCommentsClose CommentsPermalink





‘(5) such other alternatives as the Attorney General, in coordination with the Bureau of Indian Affairs and in consultation with Indian tribes, determines to be necessary.’.CommentsClose CommentsPermalink