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S 797 ISRSCommentsClose CommentsPermalink

111th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 797CommentsClose 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

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

April 2, 2009CommentsClose CommentsPermalink

Mr. DORGAN (for himself, Mr. BARRASSO, Mr. BAUCUS, Mr. BINGAMAN, Mr. LIEBERMAN, Mr. KYL, Mr. WYDEN, Mr. JOHNSON, Ms. CANTWELL, Ms. MURKOWSKI, Mr. THUNE, Mr. TESTER, Mr. BEGICH, and Mr. UDALL of New Mexico, Mr. MERKLEY, Mrs. BOXER, Mr. CRAPO, Ms. STABENOW, and Mr. BENNET) introduced the following bill; which was read twice and referred to the Committee on Indian AffairsCommentsClose CommentsPermalink

A BILLCommentsClose 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

TITLE I--FEDERAL ACCOUNTABILITY AND COORDINATION

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





Sec. 102. Declinaisposition reports. CommentsClose CommentsPermalink





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





Sec. 104. Administration. CommentsClose CommentsPermalink





Sec. 105. Prescription drug monitoring. 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





Sec. 407. Improving public safety presence in rural Alaska. 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. 606. Alaska Native village community safety demonstration project. CommentsClose CommentsPermalink





Sec. 607. Study of IHS sexual assault and domestic violence response capabilities. 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; and CommentsClose CommentsPermalink





(B) tribal justice systems are ultimatelyoften 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 aface multibillion-dollar backlog inunmet 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 primaryimportant arbiters of criminal and civil justice for actions arising in Indian country; but CommentsClose 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 isare 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--

(A) misdemeanors committed by non-Indian persons; and

(B) all felony crimes in Indian country;

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




(10) during the period of calendar years 2004 through 2007, Federal officials declined to prosecute 62 percent of violent crimes alleged to have occurred in Indian country; 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; and CommentsClose CommentsPermalink





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





(12) the violent crime rate in Indian country is--(A) nearlyDepartment of Justice statistics show that-- CommentsClose CommentsPermalink





(A) American Indians experience per capita rates of violence more than twice the national average; and CommentsClose CommentsPermalink





(B) more than 20 times the national average on some Indian reservationrates of violence in every age group are higher among American Indians than that of all races; CommentsClose CommentsPermalink





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





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





(C) 39 percent of Indian and Alaska American 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 facehave faced 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; and CommentsClose CommentsPermalink





(B) that complexity requires a high degree of commitment and cooperation from Federal and State officials that can be difficult to establish;(20) agreements for cooperation among certified tribal and State law enforcement officers have proven to improve law enforcement in tribal; CommentsClose CommentsPermalink





(20) cooperative law enforcement agreements between tribal, State, and local governments improve public safety in tribal and nearby communities; CommentsClose CommentsPermalink





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





(4) to reduce the prevalence of violent crime in tribal communities and to combat sexual and domestic violence against Indian and Alaska American 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; and CommentsClose 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 COUNTRY- The term ‘Indian country’ has the meaning given the term insection 1151 of title 18, United States Code. CommentsClose CommentsPermalink





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





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





(4) 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; or CommentsClose CommentsPermalink





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

TITLE I--FEDERAL ACCOUNTABILITY AND COORDINATION CommentsClose 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; and CommentsClose 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;(C) in paragraph (8), by striking ‘and’ at the end; CommentsClose CommentsPermalink





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





(ED) 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 tosection 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) on an annual basis, sharing with the Department of Justice all relevant crime data, including Uniform Crime Reports, that the Office of Justice Services prepares and receives from tribal law enforcement agencies on a tribe-by-tribe basis to ensure that individual tribal governments providing data are eligible for programs offered by the Department of Justice; 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 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; or CommentsClose CommentsPermalink





‘(VI) tribal court judges, prosecutors, public defenders, or related staff; and CommentsClose 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; and CommentsClose 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





‘(167) 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; and CommentsClose CommentsPermalink





‘(178) 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’;

(B) in paragraph (3)--

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

‘(A) establish’;

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

(iii) by adding at the end the following:

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

(C and CommentsClose CommentsPermalink




(B) 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’; and CommentsClose CommentsPermalink





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





‘(f) Long-Tterm 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; and CommentsClose 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.

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

‘(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.

‘(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’; and CommentsClose CommentsPermalink





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

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

‘(B) the offense is a Federal crime and-- CommentsClose CommentsPermalink




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





(B) in subparagraphs (B) and (C), by striking ‘reasonable grounds’ each place it appears and inserting ‘probable cause’; CommentsClose CommentsPermalink





(C) in subparagraph (C), by adding ‘or’ at the end; and CommentsClose CommentsPermalink





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





‘(D)(i) the offense involves-- CommentsClose CommentsPermalink





‘(I) a misdemeanor controlled substance offense in violation of-- CommentsClose CommentsPermalink





‘(aa) the Controlled Substances Act (21 U.S.C. 801 et seq.); CommentsClose CommentsPermalink





‘(bb) title IX of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (21 U.S.C. 862a et seq.); or CommentsClose CommentsPermalink





‘(cc) section 731 of the USA PATRIOT Improvement and Reauthorization Act of 2005 (21 U.S.C. 865); CommentsClose CommentsPermalink





‘(II) a misdemeanor firearms offense in violation of chapter 44 of title 18, United States Code; CommentsClose CommentsPermalink





‘(III) a misdemeanor assault in violation of chapter 7 of title 18, United States Code; or CommentsClose CommentsPermalink





‘(IV) a misdemeanor liquor trafficking offense in violation of chapter 59 of title 18, United States Code; and CommentsClose CommentsPermalink





‘(ii) the employee has reasonable groundsprobable cause to believe that the personindividual to be arrested has committed, or is committing, the crime;’. CommentsClose CommentsPermalink

SEC. 102. DECLINAISPOSITION 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) ReportsCoordination and Data Collection- CommentsClose CommentsPermalink





‘(1) LAW ENFORCEMENT OFFICIALSINVESTIGATIVE COORDINATION- Subject to subsection (dc), if a law enforcement officer or employee of any Federal department or agency declines to initiateterminates an investigation of an alleged violation of Federal law in Indian country, or terminates such an investigationcriminal law in Indian country without referral for prosecution, the officer or employee shall--‘(A) submit to the appropriate tribal justice officials evidence, including related reports, coordinate with the appropriate tribal law enforcement officials regarding the use of evidence relevant to the case that wouldo advance prosecution of the case in a tribal court; and‘(B) submit to the Office of Indian Country Crime relevant information regarding all declinations of alleged violations of Federal law with concurrent authority over the crime alleged. CommentsClose CommentsPermalink





‘(2) INVESTIGATION DATA- The Federal Bureau of Investigation shall compile, on an annual basis and by Federal judicial district, information regarding decisions not to refer to an appropriate prosecuting authority cases in which investigations had been opened into a crime that occurred in Indian country, including-- CommentsClose CommentsPermalink





‘(i) the type of crime alleged;‘(ii) the status of the accused as an IndianA) the types of crimes alleged; CommentsClose CommentsPermalink





‘(B) the statuses of the accused as Indians or non-Indian;

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

‘(iv) the reason for declining to initiate, open, ors; CommentsClose CommentsPermalink




‘(C) the statuses of the victims as an Indians or non-Indians; and CommentsClose CommentsPermalink





‘(D) the reasons for deciding to terminate the investigation.‘(2) UNITED STATES ATTORNEYSs. CommentsClose CommentsPermalink





‘(3) PROSECUTORIAL COORDINATION- Subject to subsection (dc), if a United States Attorney declines to prosecute, or acts to terminate prosecution of, an alleged violation of Federal criminal law in Indian country, the United States Attorney shall--‘(A) submit to coordinate with the appropriate tribal justice official, sufficiently in advance of the tribal statute of limitations,s regarding the use of evidence relevant to the case to permit the tribal prosecutor to pursue the case in tribal court; and‘(B) submit to the Office of Indian Country Crime and the appropriate tribal justice official relevant information regarding advance prosecution of the case in a tribal court with concurrent authority over the crime alleged. CommentsClose CommentsPermalink





‘(4) PROSECUTION DATA- Each United States Attorney shall submit to the Native American Issues Coordinator relevant information regarding all declinations of alleged violations of Federal law in Indian country, including--

‘(i) the type of crime alleged;

‘(ii) the status of the accused as an Indiancriminal law that occurred in Indian country and were referred for prosecution by law enforcement agencies, including-- CommentsClose CommentsPermalink




‘(A) the types of crimes alleged; CommentsClose CommentsPermalink





‘(B) the statuses of the accused as Indians or non-Indian;

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

‘(iv) the reason for the determinations; CommentsClose CommentsPermalink




‘(C) the statuses of the victims as Indians or non-Indians; and CommentsClose CommentsPermalink





‘(D) the reasons for deciding to decline or terminate the prosecutions. CommentsClose CommentsPermalink





‘(b) Maintenance of Records-‘(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 declinationAnnual Reports- CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Attorney General shall submit to Congress annual reports containing, with respect to the applicable calendar year, the information complied under paragraphs (2) and (4) of subsection (a)-- CommentsClose CommentsPermalink





‘(A) organized-- CommentsClose CommentsPermalink





‘(i) in the aggregate; and CommentsClose CommentsPermalink





‘(ii) by Federal judicial district; and CommentsClose CommentsPermalink





‘(B) including any relevant explanatory statements. CommentsClose CommentsPermalink





‘(2) AVAILABILITY TO CONGRESS- Each compilation under paragraph (1) shall be made available to Congress onThe Attorney General shall submit to Congress an annual basis.‘(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.‘(dcontaining the information compiled under paragraph (1), together with relevant explanatory statements, if any. CommentsClose CommentsPermalink





‘(c) 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 privileg, privileged, or statutorily protected 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’; and CommentsClose 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. 113. 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 CrimTribal Justice, 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) Effect of Section- Nothing in this section limits the authority of any United States Attorney to determine the duties of a tribal liaison officer to meet the needs of the Indian tribes located within the relevant Federal district. CommentsClose CommentsPermalink





‘(d) 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; and CommentsClose CommentsPermalink





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





‘(i) coordinating prosecutions of Indian country crime; and CommentsClose 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 Federal crimes committed in Indian country; and CommentsClose 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





‘(de) 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 tosection 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; or CommentsClose 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; and CommentsClose 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; and CommentsClose 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; and CommentsClose 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; and CommentsClose 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.‘(b) component 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 divisioncomponent 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, tDuties- 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; and CommentsClose 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; or CommentsClose CommentsPermalink





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





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

‘SEC. 12. OFFICE OF INDIAN COUNTRY CRIME4. NATIVE AMERICAN ISSUES COORDINATOR.

‘(a) Establishment- There is established in the criminal division of the Department of Justice an office,Executive Office for United States Attorneys of the Department of Justice a position to be known as the ‘Office of Indian Country CrimeNative American Issues Coordinator’. CommentsClose CommentsPermalink





‘(b) Duties- The Office of Indian Country CrimeNative American Issues Coordinator shall-- CommentsClose CommentsPermalink





‘(1) develop, enforce, and administer the application of Federal criminal laws applicable in Indian country;‘(2) coordinate with the United States Attorneys that have authority to prosecute crimes in Indian country; CommentsClose CommentsPermalink





‘(32) 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; and‘(5) submit to the Committee3) 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.

‘(c) Deputy Assistant Attorney General-

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

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

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

‘(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; and

‘(C; CommentsClose CommentsPermalink




‘(4) coordinate as necessary with other components of the Department of Justice and any relevant advisory groups to the Attorney General or the Deputy Attorney General; and CommentsClose CommentsPermalink





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

TITLE II--STATE ACCOUNTABILITY AND COORDINATION CommentsClose CommentsPermalink

SEC. 201. STATE CRIMINAL JURISDICTION AND RESOURCES.

(a) Concurrent Authority of United States- Section 401(a) ofPublic 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’; and CommentsClose 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 and consent by the Attorney General, the United States shall maintainaccept 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:‘(c) Applicable Law-ASection 1162 of title 18, United States Code, is amended by adding at the end the following: CommentsClose CommentsPermalink





‘(d) Notwithstanding subsection (c), at the request of an Indian tribe, and after consultation with and consent by the Attorney General-- CommentsClose CommentsPermalink





‘(1) sections 1152 and 1153 of this title shall remain in effectshall apply in the areas of the Indian country of the Indian tribe; and CommentsClose 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; and CommentsClose 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; and CommentsClose 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; and CommentsClose 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; or CommentsClose 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 GOVERNMENTS CommentsClose 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’; and CommentsClose CommentsPermalink





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





‘(B) REQUIREMENTS FOR TRAINING- The training standards established under subparagraph (A)-- CommentsClose CommentsPermalink





‘(i) should comply with standards accepted by the Federal Law Enforcement Training Accreditation commission for law enforcement officers attending similar programs; and CommentsClose CommentsPermalink





‘(ii) shall include, or be supplemented by, instruction regarding Federal sources of authority and jurisdiction, Federal crimes, Federal rules of criminal procedure, and constitutional law to bridge the gap between State training and Federal requirements. CommentsClose CommentsPermalink





‘(C) TRAINING AT STATE, TRIBAL, AND LOCAL ACADEMIES- 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 other training academy that meets the relevantappropriate Peace Officer Standards andof Training. CommentsClose CommentsPermalink





‘(D) MAXIMUM AGE REQUIREMENT- Pursuant tosection 3307(e) of title 5, United States Code, the Secretary may employ as a law enforcement officer under section 4 any individual under the age of 47, if the individual meets all other applicable hiring requirements for the applicable law enforcement position.’; CommentsClose CommentsPermalink





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





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





‘(4) BACKGROUND CHECKS FOR OFFICERTRIBAL JUSTICE OFFICIALS- 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’; and CommentsClose 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) SUBSTANCE OF AGREEMENTS- Each agreement entered into pursuant to this section shall reflect the status of the applicable certified individual as a Federal law enforcement officer under subsection (f), acting within the scope of the duties described in section 3(c). CommentsClose CommentsPermalink





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

‘SEC. 701. DEFINITIONS.

‘In this title: CommentsClose CommentsPermalink





‘(1) BOARD- The term ‘Board’ means the Board of Directors of the Foundation. CommentsClose CommentsPermalink





‘(2) BUREAU- The term ‘Bureau’ means the Office of Justice Services of the Bureau of Indian Affairs. CommentsClose CommentsPermalink





‘(3) COMMITTEE- The term ‘Committee’ means the Committee for the Establishment of the Indian Law Enforcement Foundation established under section 702(e)(1). CommentsClose CommentsPermalink





‘(4) FOUNDATION- The term ‘Foundation’ means the Indian Law Enforcement Foundation established under section 702. CommentsClose CommentsPermalink





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

‘SEC. 702. INDIAN LAW ENFORCEMENT FOUNDATION.

‘(a) Establishment- CommentsClose CommentsPermalink





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





‘(2) FUNDING DETERMINATIONS- No funds, gift, property, or other item of value (including any interest accrued on such an item) acquired by the Foundation shall-- CommentsClose CommentsPermalink





‘(A) be taken into consideration for purposes of determining Federal appropriations relating to the provision of public safety or justice services to Indians; or CommentsClose CommentsPermalink





‘(B) otherwise limit, diminish, or affect the Federal responsibility for the provision of public safety or justice services to Indians. CommentsClose CommentsPermalink





‘(b) Duties- The Foundation shall--‘(1) Nature of Corporation- The Foundation-- CommentsClose CommentsPermalink





‘(1) shall be a charitable and nonprofit federally chartered corporation; and CommentsClose CommentsPermalink





‘(2) shall not be an agency or instrumentality of the United States. CommentsClose CommentsPermalink





‘(c) Place of Incorporation and Domicile- The Foundation shall be incorporated and domiciled in the District of Columbia. CommentsClose CommentsPermalink





‘(d) 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; and CommentsClose 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





‘(e) Committee for the Establishment of the Indian Law Enforcement Foundation- CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall establish the a committee, to be known as the ‘Committee for the Establishment of the Indian Law Enforcement Foundation’, to assist the Secretary in establishing the Foundation. CommentsClose CommentsPermalink





‘(2) DUTIES- Not later than 180 days after the date of enactment of this section, the Committee shall-- CommentsClose CommentsPermalink





‘(A) carry out such activities as are necessary to incorporate the Foundation under the laws of the District of Columbia, including acting as incorporators of the Foundation; CommentsClose CommentsPermalink





‘(B) ensure that the Foundation qualifies for and maintains the status required to carry out this section, until the date on which Board is established; CommentsClose CommentsPermalink





‘(C) establish the constitution and initial bylaws of the Foundation; CommentsClose CommentsPermalink





‘(D) provide for the initial operation of the Foundation, including providing for temporary or interim quarters, equipment, and staff; and CommentsClose CommentsPermalink





‘(E) appoint the initial members of the Board in accordance with the constitution and initial bylaws of the Foundation. CommentsClose CommentsPermalink





‘(f) Board of Directors- CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Board of Directors shall be the governing body of the Foundation. CommentsClose CommentsPermalink





‘(2) POWERS- The Board may exercise, or provide for the exercise of, the powers of the Foundation. CommentsClose CommentsPermalink





‘(3) SELECTION- CommentsClose CommentsPermalink





‘(A) IN GENERAL- Subject to subparagraph (B), the number of members of the Board, the manner of selection of the members (including the filling of vacancies), and the terms of office of the members shall be as provided in the constitution and bylaws of the Foundation. CommentsClose CommentsPermalink





‘(B) REQUIREMENTS- CommentsClose CommentsPermalink





‘(i) NUMBER OF MEMBERS- The Board shall be composed of not less than 7 members. CommentsClose CommentsPermalink





‘(ii) INITIAL VOTING MEMBERS- The initial voting members of the Board-- CommentsClose CommentsPermalink





‘(I) shall be appointed by the Committee not later than 180 days after the date on which the Foundation is established; and CommentsClose CommentsPermalink





‘(II) shall serve for staggered terms. CommentsClose CommentsPermalink





‘(iii) QUALIFICATION- The members of the Board shall be United States citizens with knowledge or experience regarding public safety and justice in Indian and Alaska Native communities. CommentsClose CommentsPermalink





‘(C) COMPENSATION- A member of the Board shall not receive compensation for service as a member, but shall be reimbursed for actual and necessary travel and subsistence expenses incurred in the performance of the duties of the Foundation. CommentsClose CommentsPermalink





‘(g) Officers- CommentsClose CommentsPermalink





‘(1) IN GENERAL- The officers of the Foundation shall be-- CommentsClose CommentsPermalink





‘(A) a Secretary, elected from among the members of the Board; and CommentsClose CommentsPermalink





‘(B) any other officers provided for in the constitution and bylaws of the Foundation. CommentsClose CommentsPermalink





‘(2) CHIEF OPERATING OFFICER- CommentsClose CommentsPermalink





‘(A) SECRETARY- Subject to subparagraph (B), the Secretary of the Foundation may serve, at the direction of the Board, as the chief operating officer of the Foundation. CommentsClose CommentsPermalink





‘(B) APPOINTMENT- The Board may appoint a chief operating officer in lieu of the Secretary of the Foundation under subparagraph (A), who shall serve at the direction of the Board. CommentsClose CommentsPermalink





‘(3) ELECTION- The manner of election, term of office, and duties of the officers of the Foundation shall be as provided in the constitution and bylaws of the Foundation. CommentsClose CommentsPermalink





‘(h) Powers- The Foundation-- CommentsClose CommentsPermalink





‘(1) shall adopt a constitution and bylaws for the management of the property of the Foundation and the regulation of the affairs of the Foundation; CommentsClose CommentsPermalink





‘(2) may adopt and alter a corporate seal; CommentsClose CommentsPermalink





‘(3) may enter into contracts; CommentsClose CommentsPermalink





‘(4) may acquire (through gift or otherwise), own, lease, encumber, and transfer real or personal property as necessary or convenient to carry out the purposes of the Foundation; CommentsClose CommentsPermalink





‘(5) may sue and be sued; and CommentsClose CommentsPermalink





‘(6) may perform any other act necessary and proper to carry out the purposes of the Foundation. CommentsClose CommentsPermalink





‘(i) Principal Office- CommentsClose CommentsPermalink





‘(1) IN GENERAL- The principal office of the Foundation shall be located in the District of Columbia. CommentsClose CommentsPermalink





‘(2) ACTIVITIES; OFFICES- The activities of the Foundation may be conducted, and offices may be maintained, throughout the United States in accordance with the constitution and bylaws of the Foundation. CommentsClose CommentsPermalink





‘(j) Service of Process- The Foundation shall comply with the law on service of process of each State in which the Foundation is incorporated and of each State in which the Foundation carries on activities. CommentsClose CommentsPermalink





‘(k) Liability of Officers, Employees, and Agents- CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Foundation shall be liable for the acts of the officers, employees, and agents of the Foundation acting within the scope of the authority of the officers, employees, and agents. CommentsClose CommentsPermalink





‘(2) PERSONAL LIABILITY- A member of the Board shall be personally liable only for gross negligence in the performance of the duties of the member. CommentsClose CommentsPermalink





‘(l) Restrictions- CommentsClose CommentsPermalink





‘(1) LIMITATION ON SPENDING- Beginning with the fiscal year following the first full fiscal year during which the Foundation is in operation, the administrative costs of the Foundation shall not exceed the percentage described in paragraph (2) of the sum of-- CommentsClose CommentsPermalink





‘(A) the amounts transferred to the Foundation under subsection (n) during the preceding fiscal year; and CommentsClose CommentsPermalink





‘(B) donations received from private sources during the preceding fiscal year. CommentsClose CommentsPermalink





‘(2) PERCENTAGES- The percentages referred to in paragraph (1) are-- CommentsClose CommentsPermalink





‘(A) for the first 2 fiscal years described in that paragraph, 25 percent; CommentsClose CommentsPermalink





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





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





‘(3) APPOINTMENT AND HIRING- The appointment of officers and employees of the Foundation shall be subject to the availability of funds. CommentsClose CommentsPermalink





‘(4) STATUS- A member of the Board or officer, employee, or agent of the Foundation shall not by reason of association with the Foundation be considered to be an officer, employee, or agent of the United States. CommentsClose CommentsPermalink





‘(m) Audits- The Foundation shall comply withsection 10101 of title 36, United States Code, as if the Foundation were a corporation under part B of subtitle II of that title. CommentsClose CommentsPermalink





‘(n) Authorization of Appropriations- There is authorized to be appropriated to carry out subsection (e)(1) $500,000 for each of the 5 fiscal years of operation of the Foundation. CommentsClose CommentsPermalink

‘SEC. 703. ADMINISTRATIVE SERVICES AND SUPPORT.

‘(a) Provision of Support by Secretary- Subject to subsection (b), during the 5-year period beginning on the date on which the Foundation is established, the Secretary-- CommentsClose CommentsPermalink





‘(1) may provide personnel, facilities, and other administrative support services to the Foundation; CommentsClose CommentsPermalink





‘(2) may provide funds for initial operating costs and to reimburse the travel expenses of the members of the Board; and CommentsClose CommentsPermalink





‘(3) shall require and accept reimbursements from the Foundation for-- CommentsClose CommentsPermalink





‘(A) services provided under paragraph (1); and CommentsClose CommentsPermalink





‘(B) funds provided under paragraph (2). CommentsClose CommentsPermalink





‘(b) Reimbursement- Reimbursements accepted under subsection (a)(3)-- CommentsClose CommentsPermalink





‘(1) shall be deposited in the Treasury of the United States to the credit of the applicable appropriations account; and CommentsClose CommentsPermalink





‘(2) shall be chargeable for the cost of providing services described in subsection (a)(1) and travel expenses described in subsection (a)(2). CommentsClose CommentsPermalink





‘(c) Continuation of Certain Services- The Secretary may continue to provide facilities and necessary support services to the Foundation after the termination of the 5-year period specified in subsection (a) if the facilities and services are-- CommentsClose CommentsPermalink





‘(1) available; and CommentsClose CommentsPermalink





‘(2) provided on reimbursable cost basis.’. CommentsClose CommentsPermalink





(d) Technical Amendments- The Indian Self-Determination and Education Assistance Act is amended-- CommentsClose CommentsPermalink





(1) by redesignating title V (25 U.S.C. 458bbb et seq.) as title VIII and moving the title so as to appear at the end of the Act; CommentsClose CommentsPermalink





(2) by redesignating sections 501, 502, and 503 (25 U.S.C. 458bbb, 458bbb-1, 458bbb-2) as sections 801, 802, and 803, respectively; and CommentsClose CommentsPermalink





(3) in subsection (a)(2) of section 802 and paragraph (2) of section 803 (as redesignated by paragraph (2)), by striking ‘section 501’ and inserting ‘section 801’. CommentsClose CommentsPermalink





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





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





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





(3) by redesignating the second subsection (e) as subsection (f); and CommentsClose 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 havebe permitted 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 ofPublic 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’; and CommentsClose CommentsPermalink





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





‘(b) Tribal Courts and PrisonersEnhanced Sentencing Authority- 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;‘(B), and shall provide counsel to any defendant who is unable to afford defense counsel at the expense of the tribal government; CommentsClose CommentsPermalink





‘(B) require excessive bail, impose an excessive fine, inflict a cruel or unusual punishment, or impose for conviction of a singleny 1 offense any penalty or punishment greater than imprisonment for a term of 3 years or a fine of $15,000, or both; or CommentsClose 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-- CommentsClose CommentsPermalink





‘(i) have sufficient legal training; and CommentsClose CommentsPermalink





‘(ii) be licensed to practice law in any jurisdiction in the United States; and CommentsClose 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 withthe pilot program described in 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; or CommentsClose CommentsPermalink





‘(iv) subject to paragraph (1), in an alternative rehabilitation center of an Indian tribe; or CommentsClose 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 andBUREAU OF PRISONS TRIBAL PRISONER PILOT PROGRAM- CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 120 days after the date of enactment of the Tribal Law and Order Act of 2009, the Director of the Bureau of Prisons shall establish a pilot program under which the Bureau of Prisons under paragraph (2)(A)(ii)--

‘(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;

‘(B) shall limit the transfer of prisoners to prisonshall accept offenders convicted in tribal court of violent crimes, crimes involving sexual abuse, and serious drug offenses, as determined bypursuant to this section, subject to the conditions described in subparagraph (B). CommentsClose CommentsPermalink




‘(B) CONDITIONS- The conditions referred to in subparagraph (A) are the following: CommentsClose CommentsPermalink





‘(i) The tribal court shall submit to the Attorney General a request for confinement of the offender, for approval by the Attorney General (or a designee) by not later than 30 days after the date of submission. CommentsClose CommentsPermalink





‘(ii) Requests for confinement shall be limited to offenders convicted of a violent crime for which the sentence includes a term of imprisonment of 2 or more years, as determined by the Director of the Bureau of Prisons, in consultation with tribal governments, by regulation;

‘(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;

‘(D) shall contain such other requirements ashe appropriate tribal governments. CommentsClose CommentsPermalink




‘(iii) The imprisonment by the Bureau of Prisons, in consultation with the Bureau of Indian Affairs and tribal governments, may determine, by regulation; and‘(E) shall be executed and carried out not later than 180 days after the date on which shall be subject to the conditions described insection 5003 of title 18, United States Code, regarding the custody of State offenders, except that the offender shall be placed in the nearest available and appropriate Federal facility. CommentsClose CommentsPermalink





‘(iv) The Bureau of Prisons shall confine not more than 100 tribal offenders at any time. CommentsClose CommentsPermalink





‘(C) RESCINDING REQUESTS- CommentsClose CommentsPermalink





‘(i) IN GENERAL- The applicable tribal government shall retain the authority to rescind the request for confinement of a tribal offender by the Bureau of Prisons under this paragraph at any time during the sentence of the offender. CommentsClose CommentsPermalink





‘(ii) RETURN TO TRIBAL CUSTODY- On rescission of a request under clause (i), a tribal offender shall be returned to tribal custody. CommentsClose CommentsPermalink





‘(D) REQUEST FOR REASSESSMENT- If tribal court demand for participation in the program under this paragraph exceeds the limitation described in subparagraph (B)(iv), a representative of the Bureau of Prisons shall submit to Congress a notice requesting reassessment of the program. CommentsClose CommentsPermalink





‘(E) REPORT- Not later than 3 years after the date of establishment of the program under this paragraph, the Attorney General shall submit to Congress a report describing the status of the program, including recommendations regarding the applicable Indian tribe first contacts the Bureau of Prisons to accept a transfer of a tribal court offender pursuant to this subsection.‘(c)future of the program, if any. CommentsClose CommentsPermalink





‘(F) TERMINATION- Except as otherwise provided by an Act of Congress, the pilot program under this paragraph shall expire on the date that is 4 years after the date on which the program is established. CommentsClose CommentsPermalink





‘(c) Separation of Offenses- For purposes of this section, 2 or more offenses may be considered to be separate offenses for purposes of charging and sentencing if each offense requires proof of an element that the other offenses do not, without regard to-- CommentsClose CommentsPermalink





‘(1) the accusatory pleading; or CommentsClose CommentsPermalink





‘(2) the proof adduced at trial. CommentsClose CommentsPermalink





‘(d) 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.

‘SEC. 15. INDIAN LAW AND ORDER COMMISSION.

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





(ii) the Secretary of the Interior;

‘(ii) the Secretary; CommentsClose CommentsPermalink




‘(B) 2 shall be appointed by the majority lMajority 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 lMinority 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; and CommentsClose CommentsPermalink





‘(E) 1 shall be appointed by the minority lMinority 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; and CommentsClose CommentsPermalink





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





‘(3) CONSULTATION REQUIRED- The President, the Speaker and minority lMinority Leader of the House of Representatives, and the majority leader and minority lMajority 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; and CommentsClose 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‘(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; and CommentsClose CommentsPermalink





(B)‘(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; and CommentsClose CommentsPermalink





(B)‘(B) rehabilitation of offenders; CommentsClose CommentsPermalink





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





‘(B) the rights of defendants subject to tribal government authority; and CommentsClose 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; and CommentsClose 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; and CommentsClose 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; and CommentsClose 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 undersection 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)‘(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;

‘(i) justice systems; CommentsClose CommentsPermalink




‘(ii) crime prevention; or CommentsClose CommentsPermalink





(iii) victim services.

‘(iii) victim services. CommentsClose CommentsPermalink




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





‘(A) serve as an advisory body to the Commission; and CommentsClose 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 SYSTEMS CommentsClose 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’; and CommentsClose 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





and(v) in paragraph (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’; and CommentsClose 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’; and CommentsClose 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 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; and CommentsClose 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’; and CommentsClose CommentsPermalink

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





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





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





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





(iii) in the third sentence, by inserting ‘, the Department of Justice,’ after ‘the Department of the Interior’; and CommentsClose 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 InteriorHealth and Human Services’; and CommentsClose 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.’; and CommentsClose 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’; and CommentsClose 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, the Bureau of Immigration and Customs Enforcement, and the Drug Enforcement Administration’; and CommentsClose 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.’; and CommentsClose 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; and CommentsClose 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.’; and CommentsClose 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’; and CommentsClose 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 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.’; and CommentsClose 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’; and CommentsClose 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’; and CommentsClose 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’; and CommentsClose 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’; and CommentsClose 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 assistancelicensed public defender services to all defendants subject to tribal court jurisdiction and judicial services for tribal prosecution 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 7 (as redesignated by section 104(a)(2)(A)), by striking ‘2000 through 2004’ and inserting ‘2010 through 2014’; and CommentsClose 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’; and CommentsClose CommentsPermalink





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





(E) in paragraph (16), by striking ‘and’ at the end CommentsClose 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; and CommentsClose 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’; and CommentsClose 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-- CommentsClose CommentsPermalink





‘(A) shall be 100 percent; and CommentsClose CommentsPermalink





‘(B) may be used to cover indirect costs. 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; and CommentsClose 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; and CommentsClose 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





and‘(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- Iin 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; and CommentsClose 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-Tterm 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; and CommentsClose 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

SEC. 405. TRIBAL PROBATION OFFICE LIAISON PROGRAM.

Title II of the Indian Tribal Justice Technical and Legal Assistance Act of 2000 (25 U.S.C. 3681 et seq.) is amended by adding at the end the following: CommentsClose CommentsPermalink

‘SEC. 203. ASSISTANT PAROLE AND PROBATION OFFICERS.

‘To the maximum extent practicable, the Director of the Administrative Office of the United States Courts, in coordination with the Office of Tribal Justice and the Director of the Office of Justice Services, shall-- CommentsClose CommentsPermalink





‘(1) appoint individuals residing in Indian country to serve as assistant parole or probation officers for purposes of monitoring and providing service to Federal prisoners residing in Indian country; and CommentsClose CommentsPermalink





‘(2) provide substance abuse, mental health, and other related treatment services to offenders residing on Indian land.’. CommentsClose CommentsPermalink

SEC. 406. TRIBAL YOUTH PROGRAM.

(a) Incentive Grants for Local Delinquency Prevention Programs- CommentsClose CommentsPermalink





(1) IN GENERAL- Section 504 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5783) is amended-- CommentsClose CommentsPermalink





(A) in subsection (a), by inserting ‘, or to Indian tribes under subsection (d)’ after ‘subsection (b)’; and CommentsClose CommentsPermalink





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





‘(d) Grants for Tribal Delinquency Prevention and Response Programs- CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Administrator shall make grants under this section, on a competitive basis, to eligible Indian tribes or consortia of Indian tribes, as described in paragraph (2)-- CommentsClose CommentsPermalink





‘(A) to support and enhance-- CommentsClose CommentsPermalink





‘(i) tribal juvenile delinquency prevention services; and CommentsClose CommentsPermalink





‘(ii) the ability of Indian tribes to respond to, and care for, juvenile offenders; and CommentsClose CommentsPermalink





‘(B) to encourage accountability of Indian tribal governments with respect to preventing juvenile delinquency and responding to, and caring for, juvenile offenders. CommentsClose CommentsPermalink





‘(2) ELIGIBLE INDIAN TRIBES- To be eligible to receive a grant under this subsection, an Indian tribe or consortium of Indian tribes shall submit to the Administrator an application in such form and containing such information as the Administrator may require. CommentsClose CommentsPermalink





‘(3) PRIORITY OF FUNDING- In providing grants under this subsection, the Administrator shall take into consideration, with respect to the reservation communities to be served-- CommentsClose CommentsPermalink





‘(A) juvenile crime rates; CommentsClose CommentsPermalink





‘(B) dropout rates; and CommentsClose CommentsPermalink





‘(C) percentage of at-risk youth.’. CommentsClose CommentsPermalink





(2) AUTHORIZATION OF APPROPRIATIONS- Section 505 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5784) is amended by striking ‘fiscal years 2004, 2005, 2006, 2007, and 2008’ and inserting ‘each of fiscal years 2010 through 2014’. CommentsClose CommentsPermalink





(b) Coordinating Council on Juvenile Justice and Delinquency Prevention- Section 206(a)(2) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5616(a)(2)) is amended-- CommentsClose CommentsPermalink





(1) in subparagraph (A), by striking ‘Nine’ and inserting ‘Ten’; and CommentsClose CommentsPermalink





(2) in subparagraph (B), by adding at the end the following: CommentsClose CommentsPermalink





‘(iv) One member shall be appointed by the Chairman of the Committee on Indian Affairs of the Senate, in consultation with the Vice Chairman of that Committee.’. CommentsClose CommentsPermalink

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

SEC. 501. TRACKING OF CRIMES COMMITTED IN INDIAN COUNTRY.

(a) Gang Violence- Section 1107 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (28 U.S.C. 534 note; Public Law 109-162) is amended-- CommentsClose CommentsPermalink





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





(A) by redesignating paragraphs (8) through (12) as paragraphs (9) through (13), respectively; CommentsClose CommentsPermalink





(B) by inserting after paragraph (7) the following: CommentsClose CommentsPermalink





‘(8) the Office of Justice Services of the Bureau of Indian Affairs;’; CommentsClose CommentsPermalink





(C) in paragraph (9) (as redesignated by subparagraph (A)), by striking ‘State’ and inserting ‘tribal, State,’; and CommentsClose CommentsPermalink





(D) in paragraphs (10) through (12) (as redesignated by subparagraph (A)), by inserting ‘tribal,’ before ‘State,’ each place it appears; and CommentsClose CommentsPermalink





(2) in subsection (b), by inserting ‘tribal,’ before ‘State,’ each place it appears. CommentsClose CommentsPermalink





(b) Bureau of Justice Statistics- Section 302 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3732) is amended-- CommentsClose CommentsPermalink





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





(A) in paragraph (1), by inserting ‘, Indian tribes,’ after ‘contracts with’;(B) in each of paragraphs (3) through (6), by inserting ‘tribal,’ after ‘State,’ each place it appears; CommentsClose CommentsPermalink





(CB) in paragraph (7), by inserting ‘and in Indian country’ after ‘States’; CommentsClose CommentsPermalink





(DC) in paragraph (9), by striking ‘Federal and State Governments’ and inserting ‘Federal Government and State and tribal governments’; CommentsClose CommentsPermalink





(ED) in each of paragraphs (10) and (11), by inserting ‘, tribal,’ after ‘State’ each place it appears; CommentsClose CommentsPermalink





(FE) in paragraph (13), by inserting ‘, Indian tribes,’ after ‘States’; CommentsClose CommentsPermalink





(GF) in paragraph (17)-- CommentsClose CommentsPermalink





(i) by striking ‘State and local’ and inserting ‘State, tribal, and local’; and CommentsClose CommentsPermalink





(ii) by striking ‘State, and local’ and inserting ‘State, tribal, and local’; CommentsClose CommentsPermalink





(HG) in paragraph (18), by striking ‘State and local’ and inserting ‘State, tribal, and local’; CommentsClose CommentsPermalink





(IH) in paragraph (19), by inserting ‘and tribal’ after ‘State’ each place it appears; CommentsClose CommentsPermalink





(JI) in paragraph (20), by inserting ‘, tribal,’ after ‘State’; and CommentsClose CommentsPermalink





(KJ) in paragraph (22), by inserting ‘, tribal,’ after ‘Federal’; CommentsClose CommentsPermalink





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





(A) by redesignating paragraphs (1) through (6) as subparagraphs (A) through (F), respectively, and indenting the subparagraphs appropriately; CommentsClose CommentsPermalink





(B) by striking ‘To insure’ and inserting the following: CommentsClose CommentsPermalink





‘(1) IN GENERAL- To ensure’; and CommentsClose CommentsPermalink





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





‘(2) CONSULTATION WITH INDIAN TRIBES- The Director, acting jointly with the Assistant Secretary for Indian Affairs (acting through the Director of the Office of Law EnforcementJustice Services) and the Director of the Federal Bureau of Investigation, shall work with Indian tribes and tribal law enforcement agencies to establish and implement such tribal data collection systems as the Director determines to be necessary to achieve the purposes of this section.’; CommentsClose CommentsPermalink





(3) in subsection (e), by striking ‘subsection (d)(3)’ and inserting ‘subsection (d)(1)(C)’; CommentsClose CommentsPermalink





(4) in subsection (f)-- CommentsClose CommentsPermalink





(A) in the subsection heading, by inserting ‘, Tribal,’ after ‘State’; and CommentsClose CommentsPermalink





(B) by inserting ‘, tribal,’ after ‘State’; and CommentsClose CommentsPermalink





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





‘(g) Report to Congress on Crimes in Indian Country- Not later than 1 year after the date of enactment of this subsection, and annually thereafter, the Director shall submit to Congress a report describing the data collected and analyzed under this section relating to crimes in Indian country.’. CommentsClose CommentsPermalink

SEC. 502. GRANTS TO IMPROVE TRIBAL DATA COLLECTION SYSTEMS.

Section 3 of the Indian Law Enforcement Reform Act (25 U.S.C. 2802) is amended by adding at the end the following:‘(f) Grants T(as amended by section 101(b)(5)) is amended by adding at the end the following: CommentsClose CommentsPermalink





‘(g) Grants to Improve Tribal Data Collection Systems- CommentsClose CommentsPermalink





‘(1) GRANT PROGRAM- The Secretary, acting through the Director of the Office of Justice Services of the Bureau and in coordination with the Attorney General, shall establish a program under which the Secretary shall provide grants to Indian tribes for activities to ensure uniformity in the collection and analysis of data relating to crime in Indian country. CommentsClose CommentsPermalink





‘(2) REGULATIONS- The Secretary, acting through the Director of the Office of Justice Services of the Bureau, in consultation with tribal governments and tribal justice officials, shall promulgate such regulations as are necessary to carry out the grant program under this subsection.’. CommentsClose CommentsPermalink

SEC. 503. CRIMINAL HISTORY RECORD IMPROVEMENT PROGRAM.

Section 1301(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796h(a)) is amended by inserting ‘, tribal,’ after ‘State’. CommentsClose CommentsPermalink

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

SEC. 601. PRISONER RELEASE AND REENTRY.

(a) Duties of Bureau of Prisons-Section 4042 of title 18, United States Code, is amended-- CommentsClose CommentsPermalink





(1) in subsection (a)(4), by inserting ‘, tribal,’ after ‘State’; CommentsClose CommentsPermalink





(2) in subsection (b)(1), in the first sentence, by striking ‘officer of the State and of the local jurisdiction’ and inserting ‘officers of each State, tribal, and local jurisdiction’; and CommentsClose CommentsPermalink





(3) in subsection (c)--

(A) in paragraph (1)--

(i(1)-- CommentsClose CommentsPermalink




(A) in subparagraph (A), by striking ‘officer of the State and of the local jurisdiction’ and inserting ‘officers of each State, tribal, and local jurisdiction’; and(ii of each State, tribal, and local jurisdiction’; and CommentsClose CommentsPermalink





(B) in subparagraph (B), by inserting ‘, tribal,’ after ‘State’ each place it appears; and

(B) in paragraph (2)--

(i) by striking ‘(2) Notice’ and inserting the following:

‘(2) REQUIREMENTS-

‘(A) IN GENERAL- A notice’;

(ii) in the second sentence, by striking ‘For a person who is released’ and inserting the following:

‘(B) RELEASED PERSONS- For a person who is released’;

(iii) in the third sentence, by striking ‘For a person who is sentenced’ and inserting the following:

‘(C) PERSONS ON PROBATION- For a person who is sentenced’;

(iv) in the fourth sentence, by striking ‘Notice concerning’ and inserting the following:

‘(D) RELEASED PERSONS REQUIRED TO REGISTER-

‘(i) IN GENERAL- A notice concerning’; and

(v) in subparagraph (D) (as designated by clause (iv)), by adding at the end the following:

‘(ii) PERSONS RESIDING IN INDIAN COUNTRY- For a person described in paragraph (3) the expected place of residence of whom is potentially located in Indian country, the Director of the Bureau of Prisons or the Director of the Administrative Office of the United States Courts, as appropriate, shall--

‘(I) make all reasonable and necessary efforts to determine whether the residence of the person is located in Indian country; and

‘(II) ensure that the person is registered with the law enforcement office of each appropriate jurisdiction before release from Federal custody.. CommentsClose CommentsPermalink




(b) Authority of Institute; Time; Records of Recipients; Access; Scope of Section-Section 4352(a) of title 18, United States Code, is amended-- CommentsClose CommentsPermalink





(1) in paragraphs (1), (3), (4), and (8), by inserting ‘tribal,’ after ‘State,’ each place it appears; CommentsClose CommentsPermalink





(2) in paragraph (6)-- CommentsClose CommentsPermalink





(A) by inserting ‘and tribal communities,’ after ‘States’; and CommentsClose CommentsPermalink





(B) by inserting ‘, tribal,’ after ‘State’; and CommentsClose CommentsPermalink





(3) in paragraph (12) by inserting ‘, tribal,’ after ‘State’. CommentsClose CommentsPermalink

SEC. 602. DOMESTIC AND SEXUAL VIOLENT OFFENSE TRAINING.

Section 3(c)(9) of the Indian Law Enforcement Reform Act (25 U.S.C. 2802(c)(9)) (as amended by section 101(a)(2)) is amended by inserting before the semicolon at the end the following: ‘, including training to properly interview victims of domestic and sexual violence and to collect, preserve, and present evidence to Federal and tribal prosecutors to increase the conviction rate for domestic and sexual violence offenses for purposes of addressing and preventing domestic and sexual violent offenses’. CommentsClose CommentsPermalink

SEC. 603. TESTIMONY BY FEDERAL EMPLOYEES IN CASES OF RAPE AND SEXUAL ASSAULT.

The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et seq.) (as amended by section 305) is amended by adding at the end the following: CommentsClose CommentsPermalink

‘SEC. 116. TESTIMONY BY FEDERAL EMPLOYEES IN CASES OF RAPE AND SEXUAL ASSAULT.

‘(a) Approval of Employee Testimony- CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Director of the Office of Justice Services or the Director of the Indian Health Service, as appropriate (referred to in this section as the ‘Director concerned’), shall approve or disapprove, in writing, any request or subpoena from a tribal or State court for a law enforcement officer, sexual assault nurse examiner, or other employee under the supervision of the Director concerned to provide testimony in a deposition, trial, or other similar proceeding regarding information criminal proceeding regarding information obtained in carrying out the official duties of the employee. CommentsClose CommentsPermalink





‘(2) DEADLINE- The court issuing a subpoena under paragraph (1) shall provide to the appropriate Federal employee a notice regarding the request to provide testimony by not less than 30 days before the date on which the testimony will be provided. CommentsClose CommentsPermalink





‘(b) RequirementApproval- CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Director concerned shall approve a request or subpoena under subsection (a) if the request or subpoena does not violate the policy of the Department of the Interior to maintain strict impartiality with respect to private causes of action. CommentsClose CommentsPermalink





‘(c) Treatment2) FAILURE TO APPROVE- If the Director concerned fails to approve or disapprove a request or subpoena by the date that is 30 days after the date of receipt of notice of the request or subpoena, the request or subpoena shall be considered to be approved for purposes of this section.’. CommentsClose CommentsPermalink

SEC. 604. COORDINATION OF FEDERAL AGENCIES.

The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et seq.) (as amended by section 603) is amended by adding at the end the following: CommentsClose CommentsPermalink

‘SEC. 127. COORDINATION OF FEDERAL AGENCIES.

‘(a) In General- The Secretary, in coordination with the Attorney General, Federal and tribal law enforcement agencies, the Indian Health Service, and domestic violence or sexual assault victim organizations, shall develop appropriate victim services and victim services and victim advocate training programs-- CommentsClose CommentsPermalink





‘(1) to improve domestic violence or sexual abuse responses; CommentsClose CommentsPermalink





‘(2) to improve forensic examinations and collection; CommentsClose CommentsPermalink





‘(3) to identify problems or obstacles in the prosecution of domestic violence or sexual abuse; and CommentsClose CommentsPermalink





‘(4) to meet other needs or carry out other activities required to prevent, treat, and improve prosecutions of domestic violence and sexual abuse. CommentsClose CommentsPermalink





‘(b) Report- Not later than 2 years after the date of enactment of this section, 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 that describes, with respect to the matters described in subsection (a), the improvements made and needed, problems or obstacles identified, and costs necessary to address the problems or obstacles, and any other recommendations that the Secretary determines to be appropriate, including recommendations on preventing sex trafficking of Indian women.’. CommentsClose CommentsPermalink

SEC. 605. SEXUAL ASSAULT PROTOCOL.

Title VIII of the Indian Health Care Improvement Act is amended by inserting after section 802 (25 U.S.C. 1672) the following: CommentsClose CommentsPermalink

‘SEC. 803. POLICIES AND PROTOCOL.

‘The Director of the Service, in coordination with the Director of the Office on Violence Against Women of the Department of Justice, in consultation with Indian Tribes and Tribal Organizations, and in conference with Urban Indian Organizations, shall develop standardized sexual assault policies and protocol for the facilities of the Service, based on similar protocol that has been established by the Department of Justice.’. CommentsClose CommentsPermalink