[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 725 Enrolled Bill (ENR)]
H.R.725
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
An Act
To protect Indian arts and crafts through the improvement of applicable
criminal proceedings, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--INDIAN ARTS AND CRAFTS AMENDMENTS
SEC. 101. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``Indian Arts and
Crafts Amendments Act of 2010''.
(b) Table of Contents.--The table of contents of this title is as
follows:
Sec. 101. Short title; table of contents.
Sec. 102. Indian arts and crafts.
Sec. 103. Misrepresentation of Indian produced goods and products.
SEC. 102. INDIAN ARTS AND CRAFTS.
(a) Criminal Proceedings; Civil Actions; Misrepresentations.--
Section 5 of the Act entitled ``An Act to promote the development of
Indian arts and crafts and to create a board to assist therein, and for
other purposes'' (25 U.S.C. 305d) is amended to read as follows:
``SEC. 5. CRIMINAL PROCEEDINGS; CIVIL ACTIONS.
``(a) Definition of Federal Law Enforcement Officer.--In this
section, the term `Federal law enforcement officer' includes a Federal
law enforcement officer (as defined in section 115(c) of title 18,
United States Code).
``(b) Authority To Conduct Investigations.--Any Federal law
enforcement officer shall have the authority to conduct an
investigation relating to an alleged violation of this Act occurring
within the jurisdiction of the United States.
``(c) Criminal Proceedings.--
``(1) Investigation.--
``(A) In general.--The Board may refer an alleged violation
of section 1159 of title 18, United States Code, to any Federal
law enforcement officer for appropriate investigation.
``(B) Referral not required.--A Federal law enforcement
officer may investigate an alleged violation of section 1159 of
that title regardless of whether the Federal law enforcement
officer receives a referral under subparagraph (A).
``(2) Findings.--The findings of an investigation of an alleged
violation of section 1159 of title 18, United States Code, by any
Federal department or agency under paragraph (1)(A) shall be
submitted, as appropriate, to--
``(A) a Federal or State prosecuting authority; or
``(B) the Board.
``(3) Recommendations.--On receiving the findings of an
investigation under paragraph (2), the Board may--
``(A) recommend to the Attorney General that criminal
proceedings be initiated under section 1159 of title 18, United
States Code; and
``(B) provide such support to the Attorney General relating
to the criminal proceedings as the Attorney General determines
to be appropriate.
``(d) Civil Actions.--In lieu of, or in addition to, any criminal
proceeding under subsection (c), the Board may recommend that the
Attorney General initiate a civil action under section 6.''.
(b) Cause of Action for Misrepresentation.--Section 6 of the Act
entitled ``An Act to promote the development of Indian arts and crafts
and to create a board to assist therein, and for other purposes'' (25
U.S.C. 305e) is amended--
(1) by striking subsection (d);
(2) by redesignating subsections (a) through (c) as subsections
(b) through (d), respectively;
(3) by inserting before subsection (b) (as redesignated by
paragraph (2)) the following:
``(a) Definitions.--In this section:
``(1) Indian.--The term `Indian' means an individual that--
``(A) is a member of an Indian tribe; or
``(B) is certified as an Indian artisan by an Indian tribe.
``(2) Indian product.--The term `Indian product' has the
meaning given the term in any regulation promulgated by the
Secretary.
``(3) Indian tribe.--
``(A) In general.--The term `Indian tribe' has the meaning
given the term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b).
``(B) Inclusion.--The term `Indian tribe' includes, for
purposes of this section only, an Indian group that has been
formally recognized as an Indian tribe by--
``(i) a State legislature;
``(ii) a State commission; or
``(iii) another similar organization vested with State
legislative tribal recognition authority.
``(4) Secretary.--The term `Secretary' means the Secretary of
the Interior.'';
(4) in subsection (b) (as redesignated by paragraph (2)), by
striking ``subsection (c)'' and inserting ``subsection (d)'';
(5) in subsection (c) (as redesignated by paragraph (2))--
(A) by striking ``subsection (a)'' and inserting
``subsection (b)''; and
(B) by striking ``suit'' and inserting ``the civil
action'';
(6) by striking subsection (d) (as redesignated by paragraph
(2)) and inserting the following:
``(d) Persons That May Initiate Civil Actions.--
``(1) In general.--A civil action under subsection (b) may be
initiated by--
``(A) the Attorney General, at the request of the Secretary
acting on behalf of--
``(i) an Indian tribe;
``(ii) an Indian; or
``(iii) an Indian arts and crafts organization;
``(B) an Indian tribe, acting on behalf of--
``(i) the Indian tribe;
``(ii) a member of that Indian tribe; or
``(iii) an Indian arts and crafts organization;
``(C) an Indian; or
``(D) an Indian arts and crafts organization.
``(2) Disposition of amounts recovered.--
``(A) In general.--Except as provided in subparagraph (B),
an amount recovered in a civil action under this section shall
be paid to the Indian tribe, the Indian, or the Indian arts and
crafts organization on the behalf of which the civil action was
initiated.
``(B) Exceptions.--
``(i) Attorney general.--In the case of a civil action
initiated under paragraph (1)(A), the Attorney General may
deduct from the amount--
``(I) the amount of the cost of the civil action
and reasonable attorney's fees awarded under subsection
(c), to be deposited in the Treasury and credited to
appropriations available to the Attorney General on the
date on which the amount is recovered; and
``(II) the amount of the costs of investigation
awarded under subsection (c), to reimburse the Board
for the activities of the Board relating to the civil
action.
``(ii) Indian tribe.--In the case of a civil action
initiated under paragraph (1)(B), the Indian tribe may
deduct from the amount--
``(I) the amount of the cost of the civil action;
and
``(II) reasonable attorney's fees.''; and
(7) in subsection (e), by striking ``(e) In the event that''
and inserting the following:
``(e) Savings Provision.--If''.
SEC. 103. MISREPRESENTATION OF INDIAN PRODUCED GOODS AND PRODUCTS.
Section 1159 of title 18, United States Code, is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Penalty.--Any person that knowingly violates subsection (a)
shall--
``(1) in the case of a first violation by that person--
``(A) if the applicable goods are offered or displayed for
sale at a total price of $1,000 or more, or if the applicable
goods are sold for a total price of $1,000 or more--
``(i) in the case of an individual, be fined not more
than $250,000, imprisoned for not more than 5 years, or
both; and
``(ii) in the case of a person other than an
individual, be fined not more than $1,000,000; and
``(B) if the applicable goods are offered or displayed for
sale at a total price of less than $1,000, or if the applicable
goods are sold for a total price of less than $1,000--
``(i) in the case of an individual, be fined not more
than $25,000, imprisoned for not more than 1 year, or both;
and
``(ii) in the case of a person other than an
individual, be fined not more than $100,000; and
``(2) in the case of a subsequent violation by that person,
regardless of the amount for which any good is offered or displayed
for sale or sold--
``(A) in the case of an individual, be fined under this
title, imprisoned for not more than 15 years, or both; and
``(B) in the case of a person other than an individual, be
fined not more than $5,000,000.''; and
(2) in subsection (c), by striking paragraph (3) and inserting
the following:
``(3) the term `Indian tribe'--
``(A) has the meaning given the term in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b); and
``(B) includes, for purposes of this section only, an
Indian group that has been formally recognized as an Indian
tribe by--
``(i) a State legislature;
``(ii) a State commission; or
``(iii) another similar organization vested with State
legislative tribal recognition authority; and''.
TITLE II--TRIBAL LAW AND ORDER
SEC. 201. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``Tribal Law and
Order Act of 2010''.
(b) Table of Contents.--The table of contents of this title is as
follows:
Sec. 201. Short title; table of contents.
Sec. 202. Findings; purposes.
Sec. 203. Definitions.
Sec. 204. Severability.
Sec. 205. Jurisdiction of the State of Alaska.
Sec. 206. Effect.
Subtitle A--Federal Accountability and Coordination
Sec. 211. Office of Justice Services responsibilities.
Sec. 212. Disposition reports.
Sec. 213. Prosecution of crimes in Indian country.
Sec. 214. Administration.
Subtitle B--State Accountability and Coordination
Sec. 221. State criminal jurisdiction and resources.
Sec. 222. State, tribal, and local law enforcement cooperation.
Subtitle C--Empowering Tribal Law Enforcement Agencies and Tribal
Governments
Sec. 231. Tribal police officers.
Sec. 232. Drug enforcement in Indian country.
Sec. 233. Access to national criminal information databases.
Sec. 234. Tribal court sentencing authority.
Sec. 235. Indian Law and Order Commission.
Sec. 236. Exemption for tribal display materials.
Subtitle D--Tribal Justice Systems
Sec. 241. Indian alcohol and substance abuse.
Sec. 242. Indian tribal justice; technical and legal assistance.
Sec. 243. Tribal resources grant program.
Sec. 244. Tribal jails program.
Sec. 245. Tribal probation office liaison program.
Sec. 246. Tribal youth program.
Sec. 247. Improving public safety presence in rural Alaska.
Subtitle E--Indian Country Crime Data Collection and Information Sharing
Sec. 251. Tracking of crimes committed in Indian country.
Sec. 252. Criminal history record improvement program.
Subtitle F--Domestic Violence and Sexual Assault Prosecution and
Prevention
Sec. 261. Prisoner release and reentry.
Sec. 262. Domestic and sexual violence offense training.
Sec. 263. Testimony by Federal employees.
Sec. 264. Coordination of Federal agencies.
Sec. 265. Sexual assault protocol.
Sec. 266. Study of IHS sexual assault and domestic violence response
capabilities.
SEC. 202. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) the United States has distinct legal, treaty, and trust
obligations to provide for the public safety of Indian country;
(2) Congress and the President have acknowledged that--
(A) tribal law enforcement officers are often the first
responders to crimes on Indian reservations; and
(B) tribal justice systems are often the most appropriate
institutions for maintaining law and order in Indian country;
(3) less than 3,000 tribal and Federal law enforcement officers
patrol more than 56,000,000 acres of Indian country, which reflects
less than \1/2\ of the law enforcement presence in comparable rural
communities nationwide;
(4) the complicated jurisdictional scheme that exists in Indian
country--
(A) has a significant negative impact on the ability to
provide public safety to Indian communities;
(B) has been increasingly exploited by criminals; and
(C) requires a high degree of commitment and cooperation
among tribal, Federal, and State law enforcement officials;
(5)(A) domestic and sexual violence against American Indian and
Alaska Native women has reached epidemic proportions;
(B) 34 percent of American Indian and Alaska Native women will
be raped in their lifetimes; and
(C) 39 percent of American Indian and Alaska Native women will
be subject to domestic violence;
(6) Indian tribes have faced significant increases in instances
of domestic violence, burglary, assault, and child abuse as a
direct result of increased methamphetamine use on Indian
reservations; and
(7) crime data is a fundamental tool of law enforcement, but
for decades the Bureau of Indian Affairs and the Department of
Justice have not been able to coordinate or consistently report
crime and prosecution rates in tribal communities.
(b) Purposes.--The purposes of this title are--
(1) to clarify the responsibilities of Federal, State, tribal,
and local governments with respect to crimes committed in Indian
country;
(2) to increase coordination and communication among Federal,
State, tribal, and local law enforcement agencies;
(3) to empower tribal governments with the authority,
resources, and information necessary to safely and effectively
provide public safety in Indian country;
(4) to reduce the prevalence of violent crime in Indian country
and to combat sexual and domestic violence against American Indian
and Alaska Native women;
(5) to prevent drug trafficking and reduce rates of alcohol and
drug addiction in Indian country; and
(6) to increase and standardize the collection of criminal data
and the sharing of criminal history information among Federal,
State, and tribal officials responsible for responding to and
investigating crimes in Indian country.
SEC. 203. DEFINITIONS.
(a) In General.--In this title:
(1) Indian country.--The term ``Indian country'' has the
meaning given the term in section 1151 of title 18, United States
Code.
(2) Indian tribe.--The term ``Indian tribe'' has the meaning
given the term in section 102 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 479a).
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(4) Tribal government.--The term ``tribal government'' means
the governing body of a federally recognized Indian tribe.
(b) Indian Law Enforcement Reform Act.--Section 2 of the Indian Law
Enforcement Reform Act (25 U.S.C. 2801) is amended by adding at the end
the following:
``(10) The term `tribal justice official' means--
``(A) a tribal prosecutor;
``(B) a tribal law enforcement officer; or
``(C) any other person responsible for investigating or
prosecuting an alleged criminal offense in tribal court.''.
SEC. 204. SEVERABILITY.
If any provision of this title, an amendment made by this title, or
the application of such a provision or amendment to any individual,
entity, or circumstance, is determined by a court of competent
jurisdiction to be invalid, the remaining provisions of this title, the
remaining amendments made by this title, and the application of those
provisions and amendments to individuals, entities, or circumstances
other than the affected individual, entity, or circumstance shall not
be affected.
SEC. 205. JURISDICTION OF THE STATE OF ALASKA.
Nothing in this Act limits, alters, expands, or diminishes the
civil or criminal jurisdiction of the State of Alaska, any subdivision
of the State of Alaska, or any Indian tribe in that State.
SEC. 206. EFFECT.
Nothing in this Act confers on an Indian tribe criminal
jurisdiction over non-Indians.
Subtitle A--Federal Accountability and Coordination
SEC. 211. OFFICE OF JUSTICE SERVICES RESPONSIBILITIES.
(a) Definitions.--Section 2 of the Indian Law Enforcement Reform
Act (25 U.S.C. 2801) is amended--
(1) by striking paragraph (8);
(2) by redesignating paragraphs (1) through (7) as paragraphs
(2) through (8), respectively;
(3) by redesignating paragraph (9) as paragraph (1) and moving
the paragraphs so as to appear in numerical order; and
(4) in paragraph (1) (as redesignated by paragraph (3)), by
striking ``Division of Law Enforcement Services'' and inserting
``Office of Justice Services''.
(b) Additional Responsibilities of Office.--Section 3 of the Indian
Law Enforcement Reform Act (25 U.S.C. 2802) is amended--
(1) in subsection (b), by striking ``(b) There is hereby
established within the Bureau a Division of Law Enforcement
Services which'' and inserting the following:
``(b) Office of Justice Services.--There is established in the
Bureau an office, to be known as the `Office of Justice Services',
that'';
(2) in subsection (c)--
(A) in the matter preceding paragraph (1), by striking
``Division of Law Enforcement Services'' and inserting ``Office
of Justice Services'';
(B) in paragraph (8), by striking ``and'' at the end;
(C) in paragraph (9), by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(10) the development and provision of dispatch and emergency
and E-911 services;
``(11) communicating with tribal leaders, tribal community and
victims' advocates, tribal justice officials, indigent defense
representatives, and residents of Indian country on a regular basis
regarding public safety and justice concerns facing tribal
communities;
``(12) conducting meaningful and timely consultation with
tribal leaders and tribal justice officials in the development of
regulatory policies and other actions that affect public safety and
justice in Indian country;
``(13) providing technical assistance and training to tribal
law enforcement officials to gain access and input authority to
utilize the National Criminal Information Center and other national
crime information databases pursuant to section 534 of title 28,
United States Code;
``(14) in coordination with the Attorney General pursuant to
subsection (g) of section 302 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3732), collecting, analyzing, and
reporting data regarding Indian country crimes on an annual basis;
``(15) on an annual basis, sharing with the Department of
Justice all relevant crime data, including Uniform Crime Reports,
that the Office of Justice Services prepares and receives from
tribal law enforcement agencies on a tribe-by-tribe basis to ensure
that individual tribal governments providing data are eligible for
programs offered by the Department of Justice;
``(16) submitting to the appropriate committees of Congress,
for each fiscal year, a detailed spending report regarding tribal
public safety and justice programs that includes--
``(A)(i) the number of full-time employees of the Bureau
and tribal governments who serve as--
``(I) criminal investigators;
``(II) uniform police;
``(III) police and emergency dispatchers;
``(IV) detention officers;
``(V) executive personnel, including special agents in
charge, and directors and deputies of various offices in
the Office of Justice Services; and
``(VI) tribal court judges, prosecutors, public
defenders, appointed defense counsel, or related staff; and
``(ii) the amount of appropriations obligated for each
category described in clause (i) for each fiscal year;
``(B) a list of amounts dedicated to law enforcement and
corrections, vehicles, related transportation costs, equipment,
inmate transportation costs, inmate transfer costs,
replacement, improvement, and repair of facilities, personnel
transfers, detailees and costs related to their details,
emergency events, public safety and justice communications and
technology costs, and tribal court personnel, facilities,
indigent defense, and related program costs;
``(C) a list of the unmet staffing needs of law
enforcement, corrections, and court personnel (including
indigent defense and prosecution staff) at tribal and Bureau of
Indian Affairs justice agencies, the replacement and repair
needs of tribal and Bureau corrections facilities, needs for
tribal police and court facilities, and public safety and
emergency communications and technology needs; and
``(D) the formula, priority list or other methodology used
to determine the method of disbursement of funds for the public
safety and justice programs administered by the Office of
Justice Services;
``(17) submitting to the appropriate committees of Congress,
for each fiscal year, a report summarizing the technical
assistance, training, and other support provided to tribal law
enforcement and corrections agencies that operate relevant programs
pursuant to self-determination contracts or self-governance
compacts with the Secretary; and
``(18) promulgating regulations to carry out this Act, and
routinely reviewing and updating, as necessary, the regulations
contained in subchapter B of title 25, Code of Federal Regulations
(or successor regulations).'';
(3) in subsection (d)--
(A) in paragraph (1), by striking ``Division of Law
Enforcement Services'' and inserting ``Office of Justice
Services''; and
(B) in paragraph (4)(i), in the first sentence, by striking
``Division'' and inserting ``Office of Justice Services'';
(4) in subsection (e), by striking ``Division of Law
Enforcement Services'' each place it appears and inserting ``Office
of Justice Services''; and
(5) by adding at the end the following:
``(f) Long-term Plan for Tribal Detention Programs.--Not later than
1 year after the date of enactment of this subsection, the Secretary,
acting through the Bureau, in coordination with the Department of
Justice and in consultation with tribal leaders, tribal courts, tribal
law enforcement officers, and tribal corrections officials, shall
submit to Congress a long-term plan to address incarceration in Indian
country, including--
``(1) a description of proposed activities for--
``(A) the construction, operation, and maintenance of
juvenile (in accordance with section 4220(a)(3) of the Indian
Alcohol and Substance Abuse Prevention and Treatment Act of
1986 (25 U.S.C. 2453(a)(3)) and adult detention facilities
(including regional facilities) in Indian country;
``(B) contracting with State and local detention centers,
upon approval of affected tribal governments; and
``(C) alternatives to incarceration, developed in
cooperation with tribal court systems;
``(2) an assessment and consideration of the construction of
Federal detention facilities in Indian country; and
``(3) any other alternatives as the Secretary, in coordination
with the Attorney General and in consultation with Indian tribes,
determines to be necessary.''.
(c) Law Enforcement Authority.--Section 4 of the Indian Law
Enforcement Reform Act (25 U.S.C. 2803) is amended--
(1) in paragraph (2)(A), by striking ``), or'' and inserting
``or offenses processed by the Central Violations Bureau); or'';
and
(2) in paragraph (3)--
(A) in subparagraph (B), by striking ``, or'' at the end
and inserting a semicolon;
(B) in subparagraphs (B) and (C), by striking ``reasonable
grounds'' each place it appears and inserting ``probable
cause'';
(C) in subparagraph (C), by adding ``or'' at the end; and
(D) by adding at the end the following:
``(D)(i) the offense involves--
``(I) a misdemeanor controlled substance offense in
violation of--
``(aa) the Controlled Substances Act (21 U.S.C. 801
et seq.);
``(bb) title IX of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (21 U.S.C.
862a et seq.); or
``(cc) section 731 of the USA PATRIOT Improvement
and Reauthorization Act of 2005 (21 U.S.C. 865);
``(II) a misdemeanor firearms offense in violation of
chapter 44 of title 18, United States Code;
``(III) a misdemeanor assault in violation of chapter 7
of title 18, United States Code; or
``(IV) a misdemeanor liquor trafficking offense in
violation of chapter 59 of title 18, United States Code;
and
``(ii) the employee has probable cause to believe that the
individual to be arrested has committed, or is committing, the
crime;''.
SEC. 212. DISPOSITION REPORTS.
Section 10 of the Indian Law Enforcement Reform Act (25 U.S.C.
2809) is amended by striking subsections (a) through (d) and inserting
the following:
``(a) Coordination and Data Collection.--
``(1) Investigative coordination.--Subject to subsection (c),
if a law enforcement officer or employee of any Federal department
or agency terminates an investigation of an alleged violation of
Federal criminal law in Indian country without referral for
prosecution, the officer or employee shall coordinate with the
appropriate tribal law enforcement officials regarding the status
of the investigation and the use of evidence relevant to the case
in a tribal court with authority over the crime alleged.
``(2) Investigation data.--The Federal Bureau of Investigation
shall compile, on an annual basis and by Field Division,
information regarding decisions not to refer to an appropriate
prosecuting authority cases in which investigations had been opened
into an alleged crime in Indian country, including--
``(A) the types of crimes alleged;
``(B) the statuses of the accused as Indians or non-
Indians;
``(C) the statuses of the victims as Indians or non-
Indians; and
``(D) the reasons for deciding against referring the
investigation for prosecution.
``(3) Prosecutorial coordination.--Subject to subsection (c),
if a United States Attorney declines to prosecute, or acts to
terminate prosecution of, an alleged violation of Federal criminal
law in Indian country, the United States Attorney shall coordinate
with the appropriate tribal justice officials regarding the status
of the investigation and the use of evidence relevant to the case
in a tribal court with authority over the crime alleged.
``(4) Prosecution data.--The United States Attorney shall
submit to the Native American Issues Coordinator to compile, on an
annual basis and by Federal judicial district, information
regarding all declinations of alleged violations of Federal
criminal law that occurred in Indian country that were referred for
prosecution by law enforcement agencies, including--
``(A) the types of crimes alleged;
``(B) the statuses of the accused as Indians or non-
Indians;
``(C) the statuses of the victims as Indians or non-
Indians; and
``(D) the reasons for deciding to decline or terminate the
prosecutions.
``(b) Annual Reports.--The Attorney General shall submit to
Congress annual reports containing, with respect to the applicable
calendar year, the information compiled under paragraphs (2) and (4) of
subsection (a)--
``(1) organized--
``(A) in the aggregate; and
``(B)(i) for the Federal Bureau of Investigation, by Field
Division; and
``(ii) for United States Attorneys, by Federal judicial
district; and
``(2) including any relevant explanatory statements.
``(c) Effect of Section.--
``(1) In general.--Nothing in this section requires any Federal
agency or official to transfer or disclose any confidential,
privileged, or statutorily protected communication, information, or
source to an official of any Indian tribe.
``(2) Federal rules of criminal procedure.--Nothing in this
section affects or limits the requirements of Rule 6 of the Federal
Rules of Criminal Procedure.
``(3) Regulations.--The Attorney General shall establish, by
regulation, standards for the protection of the confidential or
privileged communications, information, and sources described in
this section.''.
SEC. 213. PROSECUTION OF CRIMES IN INDIAN COUNTRY.
(a) Appointment of Special Prosecutors.--
(1) In general.--Section 543 of title 28, United States Code,
is amended--
(A) in subsection (a), by inserting before the period at
the end the following: ``, including the appointment of
qualified tribal prosecutors and other qualified attorneys to
assist in prosecuting Federal offenses committed in Indian
country''; and
(B) by adding at the end the following:
``(c) Indian Country.--In this section, the term `Indian country'
has the meaning given that term in section 1151 of title 18.''.
(2) Sense of congress regarding consultation.--It is the sense
of Congress that, in appointing attorneys under section 543 of
title 28, United States Code, to serve as special prosecutors in
Indian country, the Attorney General should consult with tribal
justice officials of each Indian tribe that would be affected by
the appointment.
(b) Tribal Liaisons.--
(1) In general.--The Indian Law Enforcement Reform Act (25
U.S.C. 2801 et seq.) is amended by adding at the end the following:
``SEC. 13. ASSISTANT UNITED STATES ATTORNEY TRIBAL LIAISONS.
``(a) Appointment.--The United States Attorney for each district
that includes Indian country shall appoint not less than 1 assistant
United States Attorney to serve as a tribal liaison for the district.
``(b) Duties.--The duties of a tribal liaison shall include the
following:
``(1) Coordinating the prosecution of Federal crimes that occur
in Indian country.
``(2) Developing multidisciplinary teams to combat child abuse
and domestic and sexual violence offenses against Indians.
``(3) Consulting and coordinating with tribal justice officials
and victims' advocates to address any backlog in the prosecution of
major crimes in Indian country in the district.
``(4) Developing working relationships and maintaining
communication with tribal leaders, tribal community and victims'
advocates, and tribal justice officials to gather information from,
and share appropriate information with, tribal justice officials.
``(5) Coordinating with tribal prosecutors in cases in which a
tribal government has concurrent jurisdiction over an alleged
crime, in advance of the expiration of any applicable statute of
limitation.
``(6) Providing technical assistance and training regarding
evidence gathering techniques and strategies to address victim and
witness protection to tribal justice officials and other
individuals and entities that are instrumental to responding to
Indian country crimes.
``(7) Conducting training sessions and seminars to certify
special law enforcement commissions to tribal justice officials and
other individuals and entities responsible for responding to Indian
country crimes.
``(8) Coordinating with the Office of Tribal Justice, as
necessary.
``(9) Conducting such other activities to address and prevent
violent crime in Indian country as the applicable United States
Attorney determines to be appropriate.
``(c) Effect of Section.--Nothing in this section limits the
authority of any United States Attorney to determine the duties of a
tribal liaison officer to meet the needs of the Indian tribes located
within the relevant Federal district.
``(d) Enhanced Prosecution of Minor Crimes.--
``(1) In general.--Each United States Attorney serving a
district that includes Indian country is authorized and
encouraged--
``(A) to appoint Special Assistant United States Attorneys
pursuant to section 543(a) of title 28, United States Code, to
prosecute crimes in Indian country as necessary to improve the
administration of justice, and particularly when--
``(i) the crime rate exceeds the national average crime
rate; or
``(ii) the rate at which criminal offenses are declined
to be prosecuted exceeds the national average declination
rate;
``(B) to coordinate with applicable United States district
courts regarding scheduling of Indian country matters and
holding trials or other proceedings in Indian country, as
appropriate;
``(C) to provide to appointed Special Assistant United
States Attorneys appropriate training, supervision, and staff
support; and
``(D) to provide technical and other assistance to tribal
governments and tribal court systems to ensure that the goals
of this subsection are achieved.
``(2) Sense of congress regarding consultation.--It is the
sense of Congress that, in appointing Special Assistant United
States Attorneys under this subsection, a United States Attorney
should consult with tribal justice officials of each Indian tribe
that would be affected by the appointment.''.
(2) Sense of congress regarding evaluations of tribal
liaisons.--
(A) Findings.--Congress finds that--
(i) many residents of Indian country rely solely on
United States Attorneys offices to prosecute felony and
misdemeanor crimes occurring on Indian land; and
(ii) tribal liaisons have dual obligations of--
(I) coordinating prosecutions of Indian country
crime; and
(II) developing relationships with residents of
Indian country and serving as a link between Indian
country residents and the Federal justice process.
(B) Sense of congress.--It is the sense of Congress that
the Attorney General should--
(i) take all appropriate actions to encourage the
aggressive prosecution of all Federal crimes committed in
Indian country; and
(ii) when appropriate, take into consideration the dual
responsibilities of tribal liaisons described in
subparagraph (A)(ii) in evaluating the performance of the
tribal liaisons.
SEC. 214. ADMINISTRATION.
(a) Office of Tribal Justice.--
(1) Definitions.--Section 4 of the Indian Tribal Justice
Technical and Legal Assistance Act of 2000 (25 U.S.C. 3653) is
amended--
(A) by redesignating paragraphs (2) through (7) as
paragraphs (3) through (8), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) Director.--The term `Director' means the Director of the
Office of Tribal Justice.''.
(2) Status.--Title I of the Indian Tribal Justice Technical and
Legal Assistance Act of 2000 is amended--
(A) by redesignating section 106 (25 U.S.C. 3666) as
section 107; and
(B) by inserting after section 105 (25 U.S.C. 3665) the
following:
``SEC. 106. OFFICE OF TRIBAL JUSTICE.
``(a) In General.--Not later than 90 days after the date of
enactment of the Tribal Law and Order Act of 2010, the Attorney General
shall establish the Office of Tribal Justice as a component of the
Department.
``(b) Personnel and Funding.--The Attorney General shall provide to
the Office of Tribal Justice such personnel and funds as are necessary
to establish the Office of Tribal Justice as a component of the
Department under subsection (a).
``(c) Duties.--The Office of Tribal Justice shall--
``(1) serve as the program and legal policy advisor to the
Attorney General with respect to the treaty and trust relationship
between the United States and Indian tribes;
``(2) serve as the point of contact for federally recognized
tribal governments and tribal organizations with respect to
questions and comments regarding policies and programs of the
Department and issues relating to public safety and justice in
Indian country; and
``(3) coordinate with other bureaus, agencies, offices, and
divisions within the Department of Justice to ensure that each
component has an accountable process to ensure meaningful and
timely consultation with tribal leaders in the development of
regulatory policies and other actions that affect--
``(A) the trust responsibility of the United States to
Indian tribes;
``(B) any tribal treaty provision;
``(C) the status of Indian tribes as sovereign governments;
or
``(D) any other tribal interest.''.
(b) Native American Issues Coordinator.--The Indian Law Enforcement
Reform Act (25 U.S.C. 2801 et seq.) (as amended by section 213(b)) is
amended by adding at the end the following:
``SEC. 14. NATIVE AMERICAN ISSUES COORDINATOR.
``(a) Establishment.--There is established in the Executive Office
for United States Attorneys of the Department of Justice a position to
be known as the `Native American Issues Coordinator'.
``(b) Duties.--The Native American Issues Coordinator shall--
``(1) coordinate with the United States Attorneys that have
authority to prosecute crimes in Indian country;
``(2) coordinate prosecutions of crimes of national
significance in Indian country, as determined by the Attorney
General;
``(3) coordinate as necessary with other components of the
Department of Justice and any relevant advisory groups to the
Attorney General or the Deputy Attorney General; and
``(4) carry out such other duties as the Attorney General may
prescribe.''.
Subtitle B--State Accountability and Coordination
SEC. 221. STATE CRIMINAL JURISDICTION AND RESOURCES.
(a) Concurrent Authority of United States.--Section 401(a) of the
Indian Civil Rights Act of 1968 (25 U.S.C. 1321(a)) is amended--
(1) by striking the section designation and heading and all
that follows through ``The consent of the United States'' and
inserting the following:
``SEC. 401. ASSUMPTION BY STATE OF CRIMINAL JURISDICTION.
``(a) Consent of United States.--
``(1) In general.--The consent of the United States''; and
(2) by adding at the end the following:
``(2) Concurrent jurisdiction.--At the request of an Indian
tribe, and after consultation with and consent by the Attorney
General, the United States shall accept concurrent jurisdiction to
prosecute violations of sections 1152 and 1153 of title 18, United
States Code, within the Indian country of the Indian tribe.''.
(b) Applicable Law.--Section 1162 of title 18, United States Code,
is amended by adding at the end the following:
``(d) Notwithstanding subsection (c), at the request of an Indian
tribe, and after consultation with and consent by the Attorney
General--
``(1) sections 1152 and 1153 shall apply in the areas of the
Indian country of the Indian tribe; and
``(2) jurisdiction over those areas shall be concurrent among
the Federal Government, State governments, and, where applicable,
tribal governments.''.
SEC. 222. STATE, TRIBAL, AND LOCAL LAW ENFORCEMENT COOPERATION.
The Attorney General may provide technical and other assistance to
State, tribal, and local governments that enter into cooperative
agreements, including agreements relating to mutual aid, hot pursuit of
suspects, and cross-deputization for the purposes of--
(1) improving law enforcement effectiveness;
(2) reducing crime in Indian country and nearby communities;
and
(3) developing successful cooperative relationships that
effectively combat crime in Indian country and nearby communities.
Subtitle C--Empowering Tribal Law Enforcement Agencies and Tribal
Governments
SEC. 231. 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 211(b)(4)) is amended--
(1) in paragraph (1)--
(A) by striking ``(e)(1) The Secretary'' and inserting the
following:
``(e) Standards of Education and Experience and Classification of
Positions.--
``(1) Standards of education and experience.--
``(A) In general.--The Secretary''; and
(B) by adding at the end the following:
``(B) Requirements for training.--The training standards
established under subparagraph (A)--
``(i) shall be consistent with standards accepted by
the Federal Law Enforcement Training Accreditation
commission for law enforcement officers attending similar
programs; and
``(ii) shall include, or be supplemented by,
instruction regarding Federal sources of authority and
jurisdiction, Federal crimes, Federal rules of criminal
procedure, and constitutional law to bridge the gap between
State training and Federal requirements.
``(C) Training at state, tribal, and local academies.--Law
enforcement personnel of the Office of Justice Services or an
Indian tribe may satisfy the training standards established
under subparagraph (A) through training at a State or tribal
police academy, a State, regional, local, or tribal college or
university, or other training academy (including any program at
a State, regional, local, or tribal college or university) that
meets the appropriate Peace Officer Standards of Training.
``(D) Maximum age requirement.--Pursuant to section 3307(e)
of title 5, United States Code, the Secretary may employ as a
law enforcement officer under section 4 any individual under
the age of 47, if the individual meets all other applicable
hiring requirements for the applicable law enforcement
position.'';
(2) in paragraph (3), by striking ``Agencies'' and inserting
``agencies''; and
(3) by adding at the end the following:
``(4) Background checks for tribal justice officials.--
``(A) In general.--The Office of Justice Services shall
develop standards and deadlines for the provision of background
checks to tribal law enforcement and corrections officials.
``(B) Timing.--If a request for a background check is made
by an Indian tribe that has contracted or entered into a
compact for law enforcement or corrections services with the
Bureau of Indian Affairs pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.), the Office of Justice Services shall complete the check
not later than 60 days after the date of receipt of the
request, unless an adequate reason for failure to respond by
that date is provided to the Indian tribe in writing.''.
(b) Special Law Enforcement Commissions.--Section 5 of the Indian
Law Enforcement Reform Act (25 U.S.C. 2804) is amended--
(1) by striking ``(a) The Secretary may enter into an
agreement'' and inserting the following:
``(a) Agreements.--
``(1) In general.--Not later than 180 days after the date of
enactment of the Tribal Law and Order Act of 2010, the Secretary
shall establish procedures to enter into memoranda of agreement'';
(2) in the second sentence, by striking ``The Secretary'' and
inserting the following:
``(2) Certain activities.--The Secretary''; and
(3) by adding at the end the following:
``(3) Program enhancement.--
``(A) Training sessions in indian country.--
``(i) In general.--The procedures described in
paragraph (1) shall include the development of a plan to
enhance the certification and provision of special law
enforcement commissions to tribal law enforcement
officials, and, subject to subsection (d), State and local
law enforcement officials, pursuant to this section.
``(ii) Inclusions.--The plan under clause (i) shall
include the hosting of regional training sessions in Indian
country, not less frequently than biannually, to educate
and certify candidates for the special law enforcement
commissions.
``(B) Memoranda of agreement.--
``(i) In general.--Not later than 180 days after the
date of enactment of the Tribal Law and Order Act of 2010,
the Secretary, in consultation with Indian tribes and
tribal law enforcement agencies, shall develop minimum
requirements to be included in special law enforcement
commission agreements pursuant to this section.
``(ii) Substance of agreements.--Each agreement entered
into pursuant to this section shall reflect the status of
the applicable certified individual as a Federal law
enforcement officer under subsection (f), acting within the
scope of the duties described in section 3(c).
``(iii) Agreement.--Not later than 60 days after the
date on which the Secretary determines that all applicable
requirements under clause (i) are met, the Secretary shall
offer to enter into a special law enforcement commission
agreement with the Indian tribe.''.
(c) Indian Law Enforcement Foundation.--The Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.) is
amended by adding at the end the following:
``TITLE VII--INDIAN LAW ENFORCEMENT FOUNDATION
``SEC. 701. DEFINITIONS.
``In this title:
``(1) Board.--The term `Board' means the Board of Directors of
the Foundation.
``(2) Bureau.--The term `Bureau' means the Office of Justice
Services of the Bureau of Indian Affairs.
``(3) Committee.--The term `Committee' means the Committee for
the Establishment of the Indian Law Enforcement Foundation
established under section 702(e)(1).
``(4) Foundation.--The term `Foundation' means the Indian Law
Enforcement Foundation established under section 702.
``(5) Secretary.--The term `Secretary' means the Secretary of
the Interior.
``SEC. 702. INDIAN LAW ENFORCEMENT FOUNDATION.
``(a) Establishment.--
``(1) In general.--As soon as practicable after the date of
enactment of this title, the Secretary shall establish, under the
laws of the District of Columbia and in accordance with this title,
a foundation, to be known as the `Indian Law Enforcement
Foundation'.
``(2) Funding determinations.--No funds, gift, property, or
other item of value (including any interest accrued on such an
item) acquired by the Foundation shall--
``(A) be taken into consideration for purposes of
determining Federal appropriations relating to the provision of
public safety or justice services to Indians; or
``(B) otherwise limit, diminish, or affect the Federal
responsibility for the provision of public safety or justice
services to Indians.
``(b) Nature of Corporation.--The Foundation--
``(1) shall be a charitable and nonprofit federally chartered
corporation; and
``(2) shall not be an agency or instrumentality of the United
States.
``(c) Place of Incorporation and Domicile.--The Foundation shall be
incorporated and domiciled in the District of Columbia.
``(d) Duties.--The Foundation shall--
``(1) encourage, accept, and administer, in accordance with the
terms of each donation, private gifts of real and personal
property, and any income from or interest in such gifts, for the
benefit of, or in support of, public safety and justice services in
American Indian and Alaska Native communities; and
``(2) assist the Office of Justice Services of the Bureau of
Indian Affairs and Indian tribal governments in funding and
conducting activities and providing education to advance and
support the provision of public safety and justice services in
American Indian and Alaska Native communities.
``(e) Committee for the Establishment of the Indian Law Enforcement
Foundation.--
``(1) In general.--The Secretary shall establish a committee,
to be known as the `Committee for the Establishment of the Indian
Law Enforcement Foundation', to assist the Secretary in
establishing the Foundation.
``(2) Duties.--Not later than 180 days after the date of
enactment of this section, the Committee shall--
``(A) carry out such activities as are necessary to
incorporate the Foundation under the laws of the District of
Columbia, including acting as incorporators of the Foundation;
``(B) ensure that the Foundation qualifies for and
maintains the status required to carry out this section, until
the date on which the Board is established;
``(C) establish the constitution and initial bylaws of the
Foundation;
``(D) provide for the initial operation of the Foundation,
including providing for temporary or interim quarters,
equipment, and staff; and
``(E) appoint the initial members of the Board in
accordance with the constitution and initial bylaws of the
Foundation.
``(f) Board of Directors.--
``(1) In general.--The Board of Directors shall be the
governing body of the Foundation.
``(2) Powers.--The Board may exercise, or provide for the
exercise of, the powers of the Foundation.
``(3) Selection.--
``(A) In general.--Subject to subparagraph (B), the number
of members of the Board, the manner of selection of the members
(including the filling of vacancies), and the terms of office
of the members shall be as provided in the constitution and
bylaws of the Foundation.
``(B) Requirements.--
``(i) Number of members.--The Board shall be composed
of not less than 7 members.
``(ii) Initial voting members.--The initial voting
members of the Board--
``(I) shall be appointed by the Committee not later
than 180 days after the date on which the Foundation is
established; and
``(II) shall serve for staggered terms.
``(iii) Qualification.--The members of the Board shall
be United States citizens with knowledge or experience
regarding public safety and justice in Indian and Alaska
Native communities.
``(C) Compensation.--A member of the Board shall not
receive compensation for service as a member, but shall be
reimbursed for actual and necessary travel and subsistence
expenses incurred in the performance of the duties of the
Foundation.
``(g) Officers.--
``(1) In general.--The officers of the Foundation shall be--
``(A) a Secretary, elected from among the members of the
Board; and
``(B) any other officers provided for in the constitution
and bylaws of the Foundation.
``(2) Chief operating officer.--
``(A) Secretary.--Subject to subparagraph (B), the
Secretary of the Foundation may serve, at the direction of the
Board, as the chief operating officer of the Foundation.
``(B) Appointment.--The Board may appoint a chief operating
officer in lieu of the Secretary of the Foundation under
subparagraph (A), who shall serve at the direction of the
Board.
``(3) Election.--The manner of election, term of office, and
duties of the officers of the Foundation shall be as provided in
the constitution and bylaws of the Foundation.
``(h) Powers.--The Foundation--
``(1) shall adopt a constitution and bylaws for the management
of the property of the Foundation and the regulation of the affairs
of the Foundation;
``(2) may adopt and alter a corporate seal;
``(3) may enter into contracts;
``(4) may acquire (through gift or otherwise), own, lease,
encumber, and transfer real or personal property as necessary or
convenient to carry out the purposes of the Foundation;
``(5) may sue and be sued; and
``(6) may perform any other act necessary and proper to carry
out the purposes of the Foundation.
``(i) Principal Office.--
``(1) In general.--The principal office of the Foundation shall
be located in the District of Columbia.
``(2) Activities; offices.--The activities of the Foundation
may be conducted, and offices may be maintained, throughout the
United States in accordance with the constitution and bylaws of the
Foundation.
``(j) Service of Process.--The Foundation shall comply with the law
on service of process of each State in which the Foundation is
incorporated and of each State in which the Foundation carries on
activities.
``(k) Liability of Officers, Employees, and Agents.--
``(1) In general.--The Foundation shall be liable for the acts
of the officers, employees, and agents of the Foundation acting
within the scope of the authority of the officers, employees, and
agents.
``(2) Personal liability.--A member of the Board shall be
personally liable only for gross negligence in the performance of
the duties of the member.
``(l) Restrictions.--
``(1) Limitation on spending.--Beginning with the fiscal year
following the first full fiscal year during which the Foundation is
in operation, the administrative costs of the Foundation shall not
exceed the percentage described in paragraph (2) of the sum of--
``(A) the amounts transferred to the Foundation under
subsection (n) during the preceding fiscal year; and
``(B) donations received from private sources during the
preceding fiscal year.
``(2) Percentages.--The percentages referred to in paragraph
(1) are--
``(A) for the first 2 fiscal years described in that
paragraph, 25 percent;
``(B) for the following fiscal year, 20 percent; and
``(C) for each fiscal year thereafter, 15 percent.
``(3) Appointment and hiring.--The appointment of officers and
employees of the Foundation shall be subject to the availability of
funds.
``(4) Status.--A member of the Board or officer, employee, or
agent of the Foundation shall not by reason of association with the
Foundation be considered to be an officer, employee, or agent of
the United States.
``(m) Audits.--The Foundation shall comply with section 10101 of
title 36, United States Code, as if the Foundation were a corporation
under part B of subtitle II of that title.
``(n) Funding.--For each of fiscal years 2011 through 2015, out of
any unobligated amounts available to the Secretary, the Secretary may
use to carry out this section not more than $500,000.
``SEC. 703. ADMINISTRATIVE SERVICES AND SUPPORT.
``(a) Provision of Support by Secretary.--Subject to subsection
(b), during the 5-year period beginning on the date on which the
Foundation is established, the Secretary--
``(1) may provide personnel, facilities, and other
administrative support services to the Foundation;
``(2) may provide funds for initial operating costs and to
reimburse the travel expenses of the members of the Board; and
``(3) shall require and accept reimbursements from the
Foundation for--
``(A) services provided under paragraph (1); and
``(B) funds provided under paragraph (2).
``(b) Reimbursement.--Reimbursements accepted under subsection
(a)(3)--
``(1) shall be deposited in the Treasury of the United States
to the credit of the applicable appropriations account; and
``(2) shall be chargeable for the cost of providing services
described in subsection (a)(1) and travel expenses described in
subsection (a)(2).
``(c) Continuation of Certain Services.--The Secretary may continue
to provide facilities and necessary support services to the Foundation
after the termination of the 5-year period specified in subsection (a)
if the facilities and services are--
``(1) available; and
``(2) provided on reimbursable cost basis.''.
(d) Technical Amendments.--The Indian Self-Determination and
Education Assistance Act is amended--
(1) by redesignating title V (25 U.S.C. 458bbb et seq.) as
title VIII and moving the title so as to appear at the end of the
Act;
(2) by redesignating sections 501, 502, and 503 (25 U.S.C.
458bbb, 458bbb-1, 458bbb-2) as sections 801, 802, and 803,
respectively; and
(3) in subsection (a)(2) of section 802 and paragraph (2) of
section 803 (as redesignated by paragraph (2)), by striking
``section 501'' and inserting ``section 801''.
(e) Acceptance and Assistance.--Section 5 of the Indian Law
Enforcement Reform Act (25 U.S.C. 2804) is amended by adding at the end
the following:
``(g) Acceptance of Assistance.--The Bureau may accept
reimbursement, resources, assistance, or funding from--
``(1) a Federal, tribal, State, or other government agency; or
``(2) the Indian Law Enforcement Foundation established under
section 701(a) of the Indian Self-Determination and Education
Assistance Act.''.
SEC. 232. DRUG ENFORCEMENT IN INDIAN COUNTRY.
(a) Education and Research Programs.--Section 502 of the Controlled
Substances Act (21 U.S.C. 872) is amended in subsections (a)(1) and
(c), by inserting `` tribal,'' after ``State,'' each place it appears.
(b) Public-private Education Program.--Section 503 of the
Comprehensive Methamphetamine Control Act of 1996 (21 U.S.C. 872a) is
amended--
(1) in subsection (a), by inserting ``tribal,'' after
``State,''; and
(2) in subsection (b)(2), by inserting ``, tribal,'' after
``State''.
(c) Cooperative Arrangements.--Section 503 of the Controlled
Substances Act (21 U.S.C. 873) is amended--
(1) in subsection (a)--
(A) by inserting ``tribal,'' after ``State,'' each place it
appears; and
(B) in paragraphs (6) and (7), by inserting ``, tribal,''
after ``State'' each place it appears; and
(2) in subsection (d)(1), by inserting ``, tribal,'' after
``State''.
(d) Powers of Enforcement Personnel.--Section 508(a) of the
Controlled Substances Act (21 U.S.C. 878(a)) is amended in the matter
preceding paragraph (1) by inserting ``, tribal,'' after ``State''.
(e) Effect of Grants.--Nothing in this section or any amendment
made by this section--
(1) allows the grant to be made to, or used by, an entity for
law enforcement activities that the entity lacks jurisdiction to
perform; or
(2) has any effect other than to authorize, award, or deny a
grant of funds to a federally recognized Indian tribe for the
purposes described in the relevant grant program.
SEC. 233. ACCESS TO NATIONAL CRIMINAL INFORMATION DATABASES.
(a) Access to National Criminal Information Databases.--Section 534
of title 28, United States Code, is amended--
(1) in subsection (a)(4), by inserting ``Indian tribes,'' after
``the States,'';
(2) by striking subsection (d) and inserting the following:
``(d) Indian Law Enforcement Agencies.--The Attorney General shall
permit tribal and Bureau of Indian Affairs law enforcement agencies--
``(1) to access and enter information into Federal criminal
information databases; and
``(2) to obtain information from the databases.'';
(3) by redesignating the second subsection (e) as subsection
(f); and
(4) in paragraph (2) of subsection (f) (as redesignated by
paragraph (3)), in the matter preceding subparagraph (A), by
inserting ``, tribal,'' after ``Federal''.
(b) Requirement.--
(1) In general.--The Attorney General shall ensure that tribal
law enforcement officials that meet applicable Federal or State
requirements be permitted access to national crime information
databases.
(2) Sanctions.--For purpose of sanctions for noncompliance with
requirements of, or misuse of, national crime information databases
and information obtained from those databases, a tribal law
enforcement agency or official shall be treated as Federal law
enforcement agency or official.
(3) NCIC.--Each tribal justice official serving an Indian tribe
with criminal jurisdiction over Indian country shall be considered
to be an authorized law enforcement official for purposes of access
to the National Crime Information Center of the Federal Bureau of
Investigation.
SEC. 234. TRIBAL COURT SENTENCING AUTHORITY.
(a) Individual Rights.--Section 202 of the Indian Civil Rights Act
of 1968 (25 U.S.C. 1302), is amended--
(1) in the matter preceding paragraph (1), by striking ``No
Indian tribe'' and inserting the following:
``(a) In General.--No Indian tribe'';
(2) in subsection (a) (as designated by paragraph (1))--
(A) in paragraph (6) by inserting ``(except as provided in
subsection (b)) after ``assistance of counsel for his
defense''; and
(B) by striking paragraph (7) and inserting the following:
``(7)(A) require excessive bail, impose excessive fines, or
inflict cruel and unusual punishments;
``(B) except as provided in subparagraph (C), impose for
conviction of any 1 offense any penalty or punishment greater than
imprisonment for a term of 1 year or a fine of $5,000, or both;
``(C) subject to subsection (b), impose for conviction of any 1
offense any penalty or punishment greater than imprisonment for a
term of 3 years or a fine of $15,000, or both; or
``(D) impose on a person in a criminal proceeding a total
penalty or punishment greater than imprisonment for a term of 9
years;''; and
(3) by adding at the end the following:
``(b) Offenses Subject to Greater Than 1-year Imprisonment or a
Fine Greater Than $5,000.--A tribal court may subject a defendant to a
term of imprisonment greater than 1 year but not to exceed 3 years for
any 1 offense, or a fine greater than $5,000 but not to exceed $15,000,
or both, if the defendant is a person accused of a criminal offense
who--
``(1) has been previously convicted of the same or a comparable
offense by any jurisdiction in the United States; or
``(2) is being prosecuted for an offense comparable to an
offense that would be punishable by more than 1 year of
imprisonment if prosecuted by the United States or any of the
States.
``(c) Rights of Defendants.--In a criminal proceeding in which an
Indian tribe, in exercising powers of self-government, imposes a total
term of imprisonment of more than 1 year on a defendant, the Indian
tribe shall--
``(1) provide to the defendant the right to effective
assistance of counsel at least equal to that guaranteed by the
United States Constitution; and
``(2) at the expense of the tribal government, provide an
indigent defendant the assistance of a defense attorney licensed to
practice law by any jurisdiction in the United States that applies
appropriate professional licensing standards and effectively
ensures the competence and professional responsibility of its
licensed attorneys;
``(3) require that the judge presiding over the criminal
proceeding--
``(A) has sufficient legal training to preside over
criminal proceedings; and
``(B) is licensed to practice law by any jurisdiction in
the United States;
``(4) prior to charging the defendant, make publicly available
the criminal laws (including regulations and interpretative
documents), rules of evidence, and rules of criminal procedure
(including rules governing the recusal of judges in appropriate
circumstances) of the tribal government; and
``(5) maintain a record of the criminal proceeding, including
an audio or other recording of the trial proceeding.
``(d) Sentences.--In the case of a defendant sentenced in
accordance with subsections (b) and (c), a tribal court may require the
defendant--
``(1) to serve the sentence--
``(A) in a tribal correctional center that has been
approved by the Bureau of Indian Affairs for long-term
incarceration, in accordance with guidelines to be developed by
the Bureau of Indian Affairs (in consultation with Indian
tribes) not later than 180 days after the date of enactment of
the Tribal Law and Order Act of 2010;
``(B) in the nearest appropriate Federal facility, at the
expense of the United States pursuant to the Bureau of Prisons
tribal prisoner pilot program described in section 304(c) of
the Tribal Law and Order Act of 2010;
``(C) in a State or local government-approved detention or
correctional center pursuant to an agreement between the Indian
tribe and the State or local government; or
``(D) in an alternative rehabilitation center of an Indian
tribe; or
``(2) to serve another alternative form of punishment, as
determined by the tribal court judge pursuant to tribal law.
``(e) Definition of Offense.--In this section, the term `offense'
means a violation of a criminal law.
``(f) Effect of Section.--Nothing in this section affects the
obligation of the United States, or any State government that has been
delegated authority by the United States, to investigate and prosecute
any criminal violation in Indian country.''.
(b) Report.--Not later than 4 years after the date of enactment of
this Act, the Attorney General, in coordination with the Secretary of
the Interior, shall submit a report to the appropriate committees of
Congress that includes--
(1) a description of the effectiveness of enhanced tribal court
sentencing authority in curtailing violence and improving the
administration of justice on Indian lands; and
(2) a recommendation of whether enhanced sentencing authority
should be discontinued, enhanced, or maintained at the level
authorized under this title.
(c) Bureau of Prisons Tribal Prisoner Pilot Program.--
(1) In general.--Not later than 120 days after the date of
enactment of this title, the Director of the Bureau of Prisons
shall establish a pilot program under which the Bureau of Prisons
shall accept offenders convicted in tribal court pursuant to
section 202 of the Indian Civil Rights Act of 1968 (25 U.S.C. 1302)
(as amended by this section), subject to the conditions described
in paragraph (2).
(2) Conditions.--
(A) In general.--As a condition of participation in the
pilot program described in paragraph (1), the tribal court
shall submit to the Attorney General a request for confinement
of the offender, for approval by the Attorney General (or a
designee) by not later than 30 days after the date of
submission.
(B) Limitations.--Requests for confinement shall be limited
to offenders convicted of a violent crime (comparable to the
violent crimes described in section 1153(a) of title 18, United
States Code) for which the sentence includes a term of
imprisonment of 2 or more years.
(C) Custody conditions.--The imprisonment by the Bureau of
Prisons shall be subject to the conditions described in section
5003 of title 18, United States Code, regarding the custody of
State offenders, except that the offender shall be placed in
the nearest available and appropriate Federal facility, and
imprisoned at the expense of the United States.
(D) Cap.--The Bureau of Prisons shall confine not more than
100 tribal offenders at any time.
(3) Rescinding requests.--
(A) In general.--The applicable tribal government shall
retain the authority to rescind the request for confinement of
a tribal offender by the Bureau of Prisons under this paragraph
at any time during the sentence of the offender.
(B) Return to tribal custody.--On rescission of a request
under subparagraph (A), a tribal offender shall be returned to
tribal custody.
(4) Reassessment.--If tribal court demand for participation in
this pilot program exceeds 100 tribal offenders, a representative
of the Bureau of Prisons shall notify Congress.
(5) Report.--Not later than 3 years after the date of
establishment of the pilot program, the Attorney General shall
submit to Congress a report describing the status of the program,
including recommendations regarding the future of the program, if
any.
(6) Termination.--Except as otherwise provided by an Act of
Congress, the pilot program under this paragraph shall expire on
the date that is 4 years after the date on which the program is
established.
(d) Grants and Contracts.--Section 1007(b) of the Economic
Opportunity Act of 1964 (42 U.S.C. 2996f(b)) is amended by striking
paragraph (2) and inserting the following:
``(2) to provide legal assistance with respect to any criminal
proceeding, except to provide assistance to a person charged with
an offense in an Indian tribal court;''.
SEC. 235. INDIAN LAW AND ORDER COMMISSION.
The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et seq.) (as
amended by section 214(b)) is amended by adding at the end the
following:
``SEC. 15. INDIAN LAW AND ORDER COMMISSION.
``(a) Establishment.--There is established a commission to be known
as the Indian Law and Order Commission (referred to in this section as
the `Commission').
``(b) Membership.--
``(1) In general.--The Commission shall be composed of 9
members, of whom--
``(A) 3 shall be appointed by the President, in
consultation with--
``(i) the Attorney General; and
``(ii) the Secretary;
``(B) 2 shall be appointed by the Majority Leader of the
Senate, in consultation with the Chairpersons of the Committees
on Indian Affairs and the Judiciary of the Senate;
``(C) 1 shall be appointed by the Minority Leader of the
Senate, in consultation with the Vice Chairperson and Ranking
Member of the Committees on Indian Affairs and the Judiciary of
the Senate;
``(D) 2 shall be appointed by the Speaker of the House of
Representatives, in consultation with the Chairpersons of the
Committees on the Judiciary and Natural Resources of the House
of Representatives; and
``(E) 1 shall be appointed by the Minority Leader of the
House of Representatives, in consultation with the Ranking
Members of the Committees on the Judiciary and Natural
Resources of the House of Representatives.
``(2) Requirements for eligibility.--Each member of the
Commission shall have significant experience and expertise in--
``(A) the Indian country criminal justice system; and
``(B) matters to be studied by the Commission.
``(3) Consultation required.--The President, the Speaker and
Minority Leader of the House of Representatives, and the Majority
Leader and Minority Leader of the Senate shall consult before the
appointment of members of the Commission under paragraph (1) to
achieve, to the maximum extent practicable, fair and equitable
representation of various points of view with respect to the
matters to be studied by the Commission.
``(4) Term.--Each member shall be appointed for the life of the
Commission.
``(5) Time for initial appointments.--The appointment of the
members of the Commission shall be made not later than 60 days
after the date of enactment of this Act.
``(6) Vacancies.--A vacancy in the Commission shall be filled--
``(A) in the same manner in which the original appointment
was made; and
``(B) not later than 60 days after the date on which the
vacancy occurred.
``(c) Operation.--
``(1) Chairperson.--Not later than 15 days after the date on
which all members of the Commission have been appointed, the
Commission shall select 1 member to serve as Chairperson of the
Commission.
``(2) Meetings.--
``(A) In general.--The Commission shall meet at the call of
the Chairperson.
``(B) Initial meeting.--The initial meeting shall take
place not later than 30 days after the date described in
paragraph (1).
``(3) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may hold
hearings.
``(4) Rules.--The Commission may establish, by majority vote,
any rules for the conduct of Commission business, in accordance
with this Act and other applicable law.
``(d) Comprehensive Study of Criminal Justice System Relating to
Indian Country.--The Commission shall conduct a comprehensive study of
law enforcement and criminal justice in tribal communities, including--
``(1) jurisdiction over crimes committed in Indian country and
the impact of that jurisdiction on--
``(A) the investigation and prosecution of Indian country
crimes; and
``(B) residents of Indian land;
``(2) the tribal jail and Federal prisons systems and the
effect of those systems with respect to--
``(A) reducing Indian country crime; and
``(B) rehabilitation of offenders;
``(3)(A) tribal juvenile justice systems and the Federal
juvenile justice system as relating to Indian country; and
``(B) the effect of those systems and related programs in
preventing juvenile crime, rehabilitating Indian youth in custody,
and reducing recidivism among Indian youth;
``(4) the impact of the Indian Civil Rights Act of 1968 (25
U.S.C. 1301 et seq.) on--
``(A) the authority of Indian tribes;
``(B) the rights of defendants subject to tribal government
authority; and
``(C) the fairness and effectiveness of tribal criminal
systems; and
``(5) studies of such other subjects as the Commission
determines relevant to achieve the purposes of the Tribal Law and
Order Act of 2010.
``(e) Recommendations.--Taking into consideration the results of
the study under paragraph (1), the Commission shall develop
recommendations on necessary modifications and improvements to justice
systems at the tribal, Federal, and State levels, including
consideration of--
``(1) simplifying jurisdiction in Indian country;
``(2) improving services and programs--
``(A) to prevent juvenile crime on Indian land;
``(B) to rehabilitate Indian youth in custody; and
``(C) to reduce recidivism among Indian youth;
``(3) adjustments to the penal authority of tribal courts and
exploring alternatives to incarceration;
``(4) the enhanced use of chapter 43 of title 28, United States
Code (commonly known as `the Federal Magistrates Act') in Indian
country;
``(5) effective means of protecting the rights of victims and
defendants in tribal criminal justice systems (including defendants
incarcerated for a period of less than 1 year);
``(6) changes to the tribal jails and Federal prison systems;
and
``(7) other issues that, as determined by the Commission, would
reduce violent crime in Indian country.
``(f) Report.--Not later than 2 years after the date of enactment
of this Act, the Commission shall submit to the President and Congress
a report that contains--
``(1) a detailed statement of the findings and conclusions of
the Commission; and
``(2) the recommendations of the Commission for such
legislative and administrative actions as the Commission considers
to be appropriate.
``(g) Powers.--
``(1) Hearings.--
``(A) In general.--The Commission may hold such hearings,
meet and act at such times and places, take such testimony, and
receive such evidence as the Commission considers to be
advisable to carry out the duties of the Commission under this
section.
``(B) Public requirement.--The hearings of the Commission
under this paragraph shall be open to the public.
``(2) Witness expenses.--
``(A) In general.--A witness requested to appear before the
Commission shall be paid the same fees and allowances as are
paid to witnesses under section 1821 of title 28, United States
Code.
``(B) Per diem and mileage.--The fees and allowances for a
witness shall be paid from funds made available to the
Commission.
``(3) Information from federal, tribal, and state agencies.--
``(A) In general.--The Commission may secure directly from
a Federal agency such information as the Commission considers
to be necessary to carry out this section.
``(B) Tribal and state agencies.--The Commission may
request the head of any tribal or State agency to provide to
the Commission such information as the Commission considers to
be necessary to carry out this section.
``(4) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions as
other agencies of the Federal Government.
``(5) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
``(h) Commission Personnel Matters.--
``(1) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence,
at rates authorized for an employee of an agency under subchapter I
of chapter 57 of title 5, United States Code, while away from the
home or regular place of business of the member in the performance
of the duties of the Commission.
``(2) Detail of federal employees.--On the affirmative vote of
\2/3\ of the members of the Commission and the approval of the
appropriate Federal agency head, an employee of the Federal
Government may be detailed to the Commission without reimbursement,
and such detail shall be without interruption or loss of civil
service status, benefits, or privileges.
``(3) Procurement of temporary and intermittent services.--On
request of the Commission, the Attorney General shall provide to
the Commission, on a reimbursable basis, reasonable and appropriate
office space, supplies, and administrative assistance.
``(i) Contracts for Research.--
``(1) Researchers and experts.--
``(A) In general.--On an affirmative vote of \2/3\ of the
members of the Commission, the Commission may select
nongovernmental researchers and experts to assist the
Commission in carrying out the duties of the Commission under
this section.
``(B) National institute of justice.--The National
Institute of Justice may enter into a contract with the
researchers and experts selected by the Commission under
subparagraph (A) to provide funding in exchange for the
services of the researchers and experts.
``(2) Other organizations.--Nothing in this subsection limits
the ability of the Commission to enter into contracts with any
other entity or organization to carry out research necessary to
carry out the duties of the Commission under this section.
``(j) Tribal Advisory Committee.--
``(1) Establishment.--The Commission shall establish a
committee, to be known as the `Tribal Advisory Committee'.
``(2) Membership.--
``(A) Composition.--The Tribal Advisory Committee shall
consist of 2 representatives of Indian tribes from each region
of the Bureau of Indian Affairs.
``(B) Qualifications.--Each member of the Tribal Advisory
Committee shall have experience relating to--
``(i) justice systems;
``(ii) crime prevention; or
``(iii) victim services.
``(3) Duties.--The Tribal Advisory Committee shall--
``(A) serve as an advisory body to the Commission; and
``(B) provide to the Commission advice and recommendations,
submit materials, documents, testimony, and such other
information as the Commission determines to be necessary to
carry out the duties of the Commission under this section.
``(k) Funding.--For the fiscal year after the date of enactment of
the Tribal Law and Order Act of 2010, out of any unobligated amounts
available to the Secretary of the Interior or the Attorney General, the
Secretary or the Attorney General may use to carry out this section not
more than $2,000,000.
``(l) Termination of Commission.--The Commission shall terminate 90
days after the date on which the Commission submits the report of the
Commission under subsection (f).
``(m) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Commission.''.
SEC. 236. EXEMPTION FOR TRIBAL DISPLAY MATERIALS.
(a) In General.--Section 845(a) of title 18, United States Code is
amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``and''; and
(3) by adding at the end the following:
``(7) the transportation, shipment, receipt, or importation of
display fireworks materials for delivery to a federally recognized
Indian tribe or tribal agency.''.
(b) Definition of Indian Tribe.--Section 841 of title 18, United
States Code is amended by adding at the end the following:
``(t) Indian Tribe.--The term `Indian tribe' has the meaning given
the term in section 102 of the Federally Recognized Indian Tribe List
Act of 1994 (25 U.S.C. 479a)).''.
(c) Technical Amendments.--Section 845 of title 18, United States
Code is amended--
(1) in subsection (a), by striking ``subsections'' in the first
place it appears and inserting ``subsection''; and
(2) in subsection (b), by striking ``Secretary'' each place it
appears and inserting ``Attorney General''.
Subtitle D--Tribal Justice Systems
SEC. 241. INDIAN ALCOHOL AND SUBSTANCE ABUSE.
(a) Correction of References.--
(1) Inter-departmental memorandum of agreement.--Section 4205
of the Indian Alcohol and Substance Abuse Prevention and Treatment
Act of 1986 (25 U.S.C. 2411) is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``Not later than 120 days after the
date of enactment of this subtitle'' and inserting
``Not later than 1 year after the date of enactment of
the Tribal Law and Order Act of 2010''; and
(II) by inserting ``, the Attorney General,'' after
``Secretary of the Interior'';
(ii) in paragraph (2)(A), by inserting ``, Office of
Justice Programs, Substance Abuse and Mental Health
Services Administration,'' after ``Bureau of Indian
Affairs,'';
(iii) in paragraph (4), by inserting ``, Department of
Justice, Substance Abuse and Mental Health Services
Administration,'' after ``Bureau of Indian Affairs'';
(iv) in paragraph (5), by inserting ``, Department of
Justice, Substance Abuse and Mental Health Services
Administration,'' after ``Bureau of Indian Affairs'';
(v) in paragraph (7), by inserting ``, the Attorney
General,'' after ``Secretary of the Interior'';
(B) in subsection (c), by inserting ``, the Attorney
General,'' after ``Secretary of the Interior''; and
(C) in subsection (d), by striking ``the date of enactment
of this subtitle'' and inserting ``the date of enactment of the
Tribal Law and Order Act of 2010''.
(2) Tribal action plans.--Section 4206 of the Indian Alcohol
and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C.
2412) is amended--
(A) in subsection (b), in the first sentence, by inserting
``, the Office of Justice Programs, the Substance Abuse and
Mental Health Services Administration,'' before ``and the
Indian Health Service service unit'';
(B) in subsection (c)(1)(A)(i), by inserting ``, the Office
of Justice Programs, the Substance Abuse and Mental Health
Services Administration,'' before ``and the Indian Health
Service service unit'';
(C) in subsection (d)(2), by striking ``fiscal year 1993
and such sums as are necessary for each of the fiscal years
1994, 1995, 1996, 1997, 1998, 1999, and 2000'' and inserting
``the period of fiscal years 2011 through 2015'';
(D) in subsection (e), in the first sentence, by inserting
``, the Attorney General,'' after ``the Secretary of the
Interior''; and
(E) in subsection (f)(3), by striking ``fiscal year 1993
and such sums as are necessary for each of the fiscal years
1994, 1995, 1996, 1997, 1998, 1999, and 2000'' and inserting
``fiscal years 2011 through 2015''.
(3) Departmental responsibility.--Section 4207 of the Indian
Alcohol and Substance Abuse Prevention and Treatment Act of 1986
(25 U.S.C. 2413) is amended--
(A) in subsection (a), by inserting ``, the Attorney
General'' after ``Bureau of Indian Affairs'';
(B) in subsection (b)--
(i) by striking paragraph (1) and inserting the
following:
``(1) Establishment.--
``(A) In general.--To improve coordination among the
Federal agencies and departments carrying out this subtitle,
there is established within the Substance Abuse and Mental
Health Services Administration an office, to be known as the
`Office of Indian Alcohol and Substance Abuse' (referred to in
this section as the `Office').
``(B) Director.--The director of the Office shall be
appointed by the Administrator of the Substance Abuse and
Mental Health Services Administration--
``(i) on a permanent basis; and
``(ii) at a grade of not less than GS-15 of the General
Schedule.'';
(ii) in paragraph (2)--
(I) by striking ``(2) In addition'' and inserting
the following:
``(2) Responsibilities of office.--In addition'';
(II) by striking subparagraph (A) and inserting the
following:
``(A) coordinating with other agencies to monitor the
performance and compliance of the relevant Federal programs in
achieving the goals and purposes of this subtitle and the
Memorandum of Agreement entered into under section 4205;'';
(III) in subparagraph (B)--
(aa) by striking ``within the Bureau of Indian
Affairs''; and
(bb) by striking the period at the end and
inserting ``; and''; and
(IV) by adding at the end the following:
``(C) not later than 1 year after the date of enactment of
the Tribal Law and Order Act of 2010, developing, in
coordination and consultation with tribal governments, a
framework for interagency and tribal coordination that--
``(i) establish the goals and other desired outcomes of
this Act;
``(ii) prioritizes outcomes that are aligned with the
purposes of affected agencies;
``(iii) provides guidelines for resource and
information sharing;
``(iv) provides technical assistance to the affected
agencies to establish effective and permanent interagency
communication and coordination; and
``(v) determines whether collaboration is feasible,
cost-effective, and within agency capability.''; and
(iii) by striking paragraph (3) and inserting the
following:
``(3) Appointment of employees.--The Administrator of the
Substance Abuse and Mental Health Services Administration shall
appoint such employees to work in the Office, and shall provide
such funding, services, and equipment, as may be necessary to
enable the Office to carry out the responsibilities under this
subsection.''; and
(C) in subsection (c)--
(i) by striking ``of Alcohol and Substance Abuse'' each
place it appears;
(ii) in paragraph (1), in the second sentence, by
striking ``The Assistant Secretary of the Interior for
Indian Affairs'' and inserting ``The Administrator of the
Substance Abuse and Mental Health Services
Administration''; and
(iii) in paragraph (3)--
(I) in the matter preceding subparagraph (A), by
striking ``Youth'' and inserting ``youth''; and
(II) by striking ``programs of the Bureau of Indian
Affairs'' and inserting ``the applicable Federal
programs''.
(4) Review of programs.--Section 4208a(a) of the Indian Alcohol
and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C.
2414a(a)) is amended in the matter preceding paragraph (1) by
inserting ``, the Attorney General,'' after ``the Secretary of the
Interior''.
(5) Federal facilities, property, and equipment.--Section 4209
of the Indian Alcohol and Substance Abuse Prevention and Treatment
Act of 1986 (25 U.S.C. 2415) is amended--
(A) in subsection (a), by inserting ``, the Attorney
General,'' after ``the Secretary of the Interior'';
(B) in subsection (b)--
(i) in the first sentence, by inserting ``, the
Attorney General,'' after ``the Secretary of the
Interior'';
(ii) in the second sentence, by inserting ``, nor the
Attorney General,'' after ``the Secretary of the
Interior''; and
(iii) in the third sentence, by inserting ``, the
Department of Justice,'' after ``the Department of the
Interior''; and
(C) in subsection (c)(1), by inserting ``, the Attorney
General,'' after ``the Secretary of the Interior''.
(6) Review.--Section 4211(a) of the Indian Alcohol and
Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C.
2431(a)) is amended in the matter preceding paragraph (1) by
inserting ``, the Attorney General,'' after ``the Secretary of the
Interior''.
(b) Indian Education Programs.--Section 4212 of the Indian Alcohol
and Substance Abuse Prevention Act of 1986 (25 U.S.C. 2432) is amended
by striking subsection (a) and inserting the following:
``(a) Summer Youth Programs.--
``(1) In general.--The head of the Indian Alcohol and Substance
Abuse Program, in coordination with the Assistant Secretary for
Indian Affairs, shall develop and implement programs in tribal
schools and schools funded by the Bureau of Indian Education
(subject to the approval of the local school board or contract
school board) to determine the effectiveness of summer youth
programs in advancing the purposes and goals of this Act.
``(2) Costs.--The head of the Indian Alcohol and Substance
Abuse Program and the Assistant Secretary shall defray all costs
associated with the actual operation and support of the summer
youth programs in a school from funds appropriated to carry out
this subsection.
``(3) Authorization of appropriations.--There are authorized to
be appropriated to carry out the programs under this subsection
$5,000,000 for each of fiscal years 2011 through 2015.''.
(c) Emergency Shelters.--Section 4213(e) of the Indian Alcohol and
Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C.
2433(e)) is amended--
(1) in paragraph (1), by striking ``fiscal year 1993 and such
sums as may be necessary for each of the fiscal years 1994, 1995,
1996, 1997, 1998, 1999, and 2000.'' and inserting ``each of fiscal
years 2011 through 2015.'';
(2) in paragraph (2), by striking ``each of the fiscal years
1994, 1995, 1996, 1997, 1998, 1999, and 2000.'' and inserting
``each of fiscal years 2011 through 2015.''; and
(3) by indenting paragraphs (4) and (5) appropriately.
(d) Review of Programs.--Section 4215(a) of the Indian Alcohol and
Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C.
2441(a)) is amended by inserting ``, the Attorney General,'' after
``the Secretary of the Interior''.
(e) Illegal Narcotics Trafficking; Source Eradication.--Section
4216 of the Indian Alcohol and Substance Abuse Prevention and Treatment
Act of 1986 (25 U.S.C. 2442) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking the comma at the
end and inserting a semicolon;
(ii) in subparagraph (B), by striking ``, and'' at the
end and inserting a semicolon;
(iii) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(D) the Blackfeet Nation of Montana for the investigation
and control of illegal narcotics traffic on the Blackfeet
Indian Reservation along the border with Canada.'';
(B) in paragraph (2), by striking ``United States Custom
Service'' and inserting ``United States Customs and Border
Protection, the Bureau of Immigration and Customs Enforcement,
and the Drug Enforcement Administration''; and
(C) by striking paragraph (3) and inserting the following:
``(3) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection $2,000,000 for each of
fiscal years 2011 through 2015.''; and
(2) in subsection (b)(2), by striking ``for the fiscal year
1993 and such sums as may be necessary for each of the fiscal years
1994, 1995, 1996, 1997, 1998, 1999, and 2000'' and ``for each of
fiscal years 2011 through 2015.''.
(f) Law Enforcement and Judicial Training.--Section 4218 of the
Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986
(25 U.S.C. 2451) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Training Programs.--
``(1) In general.--The Secretary of the Interior, in
coordination with the Attorney General, the Administrator of the
Drug Enforcement Administration, and the Director of the Federal
Bureau of Investigation, shall ensure, through the establishment of
a new training program or by supplementing existing training
programs, that all Bureau of Indian Affairs and tribal law
enforcement and judicial personnel have access to training
regarding--
``(A) the investigation and prosecution of offenses
relating to illegal narcotics; and
``(B) alcohol and substance abuse prevention and treatment.
``(2) Youth-related training.--Any training provided to Bureau
of Indian Affairs or tribal law enforcement or judicial personnel
under paragraph (1) shall include training in issues relating to
youth alcohol and substance abuse prevention and treatment.''; and
(2) in subsection (b), by striking ``as may be necessary'' and
all that follows through the end of the subsection and inserting
``as are necessary for each of fiscal years 2011 through 2015.''.
(g) Juvenile Detention Centers.--Section 4220 of the Indian Alcohol
and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C.
2453) is amended--
(1) in subsection (a)--
(A) by striking ``The Secretary'' the first place it
appears and inserting the following:
``(1) In general.--The Secretary'';
(B) in the second sentence, by striking ``The Secretary
shall'' and inserting the following:
``(2) Construction and operation.--The Secretary shall''; and
(C) by adding at the end the following:
``(3) Development of plan.--
``(A) In general.--Not later than 1 year after the date of
enactment of this paragraph, the Secretary and the Attorney
General, in consultation with tribal leaders and tribal justice
officials, shall develop a long-term plan for the construction,
renovation, and operation of Indian juvenile detention and
treatment centers and alternatives to detention for juvenile
offenders.
``(B) Coordination.--The plan under subparagraph (A) shall
require the Bureau of Indian Education and the Indian Health
Service to coordinate with tribal and Bureau of Indian Affairs
juvenile detention centers to provide services to those
centers.''; and
(2) in paragraphs (1) and (2) of subsection (b)--
(A) by striking ``for fiscal year 1993 and such sums as may
be necessary for each of the fiscal years 1994, 1995, 1996,
1997, 1998, 1999, and 2000'' each place it appears and
inserting ``for each of fiscal years 2011 through 2015''; and
(B) by indenting paragraph (2) appropriately.
SEC. 242. INDIAN TRIBAL JUSTICE; TECHNICAL AND LEGAL ASSISTANCE.
(a) Indian Tribal Justice.--
(1) Base support funding.--Section 103(b) of the Indian Tribal
Justice Act (25 U.S.C. 3613(b)) is amended by striking paragraph
(2) and inserting the following:
``(2) the employment of tribal court personnel, including
tribal court judges, prosecutors, public defenders, appointed
defense counsel, guardians ad litem, and court-appointed special
advocates for children and juveniles;''.
(2) Tribal justice systems.--Section 201 of the Indian Tribal
Justice Act (25 U.S.C. 3621) is amended--
(A) in subsection (a)--
(i) by striking ``the provisions of sections 101 and
102 of this Act'' and inserting ``sections 101 and 102'';
and
(ii) by striking ``the fiscal years 2000 through 2007''
and inserting ``fiscal years 2011 through 2015'';
(B) in subsection (b)--
(i) by striking ``the provisions of section 103 of this
Act'' and inserting ``section 103''; and
(ii) by striking ``the fiscal years 2000 through 2007''
and inserting ``fiscal years 2011 through 2015'';
(C) in subsection (c), by striking ``the fiscal years 2000
through 2007'' and inserting ``fiscal years 2011 through
2015''; and
(D) in subsection (d), by striking ``the fiscal years 2000
through 2007'' and inserting ``fiscal years 2011 through
2015''.
(b) Technical and Legal Assistance.--
(1) Tribal civil legal assistance grants.--Section 102 of the
Indian Tribal Justice Technical and Legal Assistance Act of 2000
(25 U.S.C. 3662) is amended by inserting ``(including guardians ad
litem and court-appointed special advocates for children and
juveniles)'' after ``civil legal assistance''.
(2) Tribal criminal legal assistance grants.--Section 103 of
the Indian Tribal Justice Technical and Legal Assistance Act of
2000 (25 U.S.C. 3663) is amended by striking ``criminal legal
assistance to members of Indian tribes and tribal justice systems''
and inserting ``defense counsel services to all defendants in
tribal court criminal proceedings and prosecution and judicial
services for tribal courts''.
(3) Funding.--The Indian Tribal Justice Technical and Legal
Assistance Act of 2000 is amended--
(A) in section 107 (as redesignated by section
214(a)(2)(A)), by striking ``2000 through 2004'' and inserting
``2011 through 2015''; and
(B) in section 201(d) (25 U.S.C. 3681(d)), by striking
``2000 through 2004'' and inserting ``2011 through 2015''.
SEC. 243. TRIBAL RESOURCES GRANT PROGRAM.
Section 1701 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796dd) is amended--
(1) in subsection (b)--
(A) in each of paragraphs (1) through (4) and (6) through
(17), by inserting ``to'' after the paragraph designation;
(B) in paragraph (1), by striking ``State and'' and
inserting ``State, tribal, or'';
(C) in paragraphs (9) and (10), by inserting ``, tribal,''
after ``State'' each place it appears;
(D) in paragraph (15)--
(i) by striking ``a State in'' and inserting ``a State
or Indian tribe in'';
(ii) by striking ``the State which'' and inserting
``the State or tribal community that''; and
(iii) by striking ``a State or'' and inserting ``a
State, tribal, or'';
(E) in paragraph (16), by striking ``and'' at the end
(F) in paragraph (17), by striking the period at the end
and inserting ``; and'';
(G) by redesignating paragraphs (6) through (17) as
paragraphs (5) through (16), respectively; and
(H) by adding at the end the following:
``(17) to permit tribal governments receiving direct law
enforcement services from the Bureau of Indian Affairs to access
the program under this section for use in accordance with
paragraphs (1) through (16).''.
(2) in subsection (i), by striking ``The authority'' and
inserting ``Except as provided in subsection (j), the authority'';
and
(3) by adding at the end the following:
``(j) Grants to Indian Tribes.--
``(1) In general.--Notwithstanding subsection (i) and section
1703, and in acknowledgment of the Federal nexus and distinct
Federal responsibility to address and prevent crime in Indian
country, the Attorney General shall provide grants under this
section to Indian tribal governments, for fiscal year 2011 and any
fiscal year thereafter, for such period as the Attorney General
determines to be appropriate to assist the Indian tribal
governments in carrying out the purposes described in subsection
(b).
``(2) Priority of funding.--In providing grants to Indian
tribal governments under this subsection, the Attorney General
shall take into consideration reservation crime rates and tribal
law enforcement staffing needs of each Indian tribal government.
``(3) Federal share.--Because of the Federal nature and
responsibility for providing public safety on Indian land, the
Federal share of the cost of any activity carried out using a grant
under this subsection--
``(A) shall be 100 percent; and
``(B) may be used to cover indirect costs.
``(4) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection $40,000,000 for each
of fiscal years 2011 through 2015.
``(k) Report.--Not later than 180 days after the date of enactment
of this subsection, the Attorney General shall submit to Congress a
report describing the extent and effectiveness of the Community
Oriented Policing (COPS) initiative as applied in Indian country,
including particular references to--
``(1) the problem of intermittent funding;
``(2) the integration of COPS personnel with existing law
enforcement authorities; and
``(3) an explanation of how the practice of community policing
and the broken windows theory can most effectively be applied in
remote tribal locations.''.
SEC. 244. TRIBAL JAILS PROGRAM.
(a) In General.--Section 20109 of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13709) is amended by striking
subsection (a) and inserting the following:
``(a) Reservation of Funds.--Notwithstanding any other provision of
this part, of amounts made available to the Attorney General to carry
out programs relating to offender incarceration, the Attorney General
shall reserve $35,000,000 for each of fiscal years 2011 through 2015 to
carry out this section.''.
(b) Regional Detention Centers.--
(1) In general.--Section 20109 of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 13709) is amended by
striking subsection (b) and inserting the following:
``(b) Grants to Indian Tribes.--
``(1) In general.--From the amounts reserved under subsection
(a), the Attorney General shall provide grants--
``(A) to Indian tribes for purposes of--
``(i) construction and maintenance of jails on Indian
land for the incarceration of offenders subject to tribal
jurisdiction;
``(ii) entering into contracts with private entities to
increase the efficiency of the construction of tribal
jails; and
``(iii) developing and implementing alternatives to
incarceration in tribal jails;
``(B) to Indian tribes for the construction of tribal
justice centers that combine tribal police, courts, and
corrections services to address violations of tribal civil and
criminal laws;
``(C) to consortia of Indian tribes for purposes of
constructing and operating regional detention centers on Indian
land for long-term incarceration of offenders subject to tribal
jurisdiction, as the applicable consortium determines to be
appropriate.
``(2) Priority of funding.--in providing grants under this
subsection, the Attorney General shall take into consideration
applicable--
``(A) reservation crime rates;
``(B) annual tribal court convictions; and
``(C) bed space needs.
``(3) Federal share.--Because of the Federal nature and
responsibility for providing public safety on Indian land, the
Federal share of the cost of any activity carried out using a grant
under this subsection shall be 100 percent.''.
(2) Conforming amendment.--Section 20109(c) of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13709(c))
is amended by inserting ``or consortium of Indian tribes, as
applicable,'' after ``Indian tribe''.
(3) Long-term plan.--Section 20109 of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 13709) is amended by
adding at the end the following:
``(d) Long-term Plan.--Not later than 1 year after the date of
enactment of this subsection, the Attorney General, in coordination
with the Bureau of Indian Affairs and in consultation with tribal
leaders, tribal law enforcement officers, and tribal corrections
officials, shall submit to Congress a long-term plan to address
incarceration in Indian country, including--
``(1) a description of proposed activities for--
``(A) construction, operation, and maintenance of juvenile
(in accordance with section 4220(a)(3) of the Indian Alcohol
and Substance Abuse Prevention and Treatment Act of 1986 (25
U.S.C. 2453(a)(3)) and adult detention facilities (including
regional facilities) in Indian country;
``(B) contracting with State and local detention centers,
on approval of the affected tribal governments; and
``(C) alternatives to incarceration, developed in
cooperation with tribal court systems;
``(2) an assessment and consideration of the construction of
Federal detention facilities in Indian country; and
``(3) any other alternatives as the Attorney General, in
coordination with the Bureau of Indian Affairs and in consultation
with Indian tribes, determines to be necessary.''.
SEC. 245. TRIBAL PROBATION OFFICE LIAISON PROGRAM.
Title II of the Indian Tribal Justice Technical and Legal
Assistance Act of 2000 (25 U.S.C. 3681 et seq.) is amended by adding at
the end the following:
``SEC. 203. ASSISTANT PROBATION OFFICERS.
``To the maximum extent practicable, the chief judge or chief
probation or pretrial services officer of each judicial district, in
coordination with the Office of Tribal Justice and the Office of
Justice Services, shall--
``(1) appoint individuals residing in Indian country to serve
as probation or pretrial services officers or assistants for
purposes of monitoring and providing services to Federal prisoners
residing in Indian country; and
``(2) provide substance abuse, mental health, and other related
treatment services to offenders residing on Indian land.''.
SEC. 246. TRIBAL YOUTH PROGRAM.
(a) Incentive Grants for Local Delinquency Prevention Programs.--
Section 504 of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5783) is amended--
(1) in subsection (a), by inserting ``, or to federally
recognized Indian tribe or consortia of federally recognized Indian
tribes under subsection (d)'' after ``subsection (b)''; and
(2) by adding at the end the following:
``(d) Grants for Tribal Delinquency Prevention and Response
Programs.--
``(1) In general.--The Administrator shall make grants under
this section, on a competitive basis, to eligible Indian tribes or
consortia of Indian tribes, as described in paragraph (2)--
``(A) to support and enhance--
``(i) tribal juvenile delinquency prevention services;
and
``(ii) the ability of Indian tribes to respond to, and
care for, juvenile offenders; and
``(B) to encourage accountability of Indian tribal
governments with respect to preventing juvenile delinquency and
responding to, and caring for, juvenile offenders.
``(2) Eligible indian tribes.--To be eligible to receive a
grant under this subsection, an Indian tribe or consortium of
Indian tribes shall submit to the Administrator an application in
such form and containing such information as the Administrator may
require.
``(3) Considerations.--In providing grants under this
subsection, the Administrator shall take into consideration, with
respect to the Indian tribe to be served, the--
``(A) juvenile crime rates;
``(B) dropout rates; and
``(C) number of at-risk youth.
``(4) Authorization of appropriations.--There is authorized to
be appropriated $25,000,000 for each of fiscal years 2011 through
2015.''.
(b) Coordinating Council on Juvenile Justice and Delinquency
Prevention.--Section 206(a)(2) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5616(a)(2)) is amended--
(1) in subparagraph (A), by striking ``Nine'' and inserting
``Ten''; and
(2) in subparagraph (B), by adding at the end the following:
``(iv) One member shall be appointed by the Chairman of
the Committee on Indian Affairs of the Senate, in
consultation with the Vice Chairman of that Committee and
the Chairman and Ranking Member of the Committee on Natural
Resources of the House of Representatives.''.
SEC. 247. IMPROVING PUBLIC SAFETY PRESENCE IN RURAL ALASKA.
(a) Definitions.--In this section:
(1) State.--
(A) In general.--The term ``State'' means the State of
Alaska.
(B) Inclusion.--The term ``State'' includes any political
subdivision of the State of Alaska.
(2) Village public safety officer.--The term ``village public
safety officer'' means an individual employed as a village public
safety officer under the program established by the State pursuant
to Alaska Statute 18.65.670.
(3) Tribal organization.--The term ``tribal organization'' has
the meaning given that term in section 4 of the Indian Self-
Determination and Educational Assistance Act (25 U.S.C. 450b(l)).
(b) COPS Grants.--The State and any Indian tribe or tribal
organization in the State that employs a village public safety officer
shall be eligible to apply for a grant under section 1701 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd)
(provided that only an Indian tribe or tribal organization may receive
a grant under the tribal resources grant program under subsection (j)
of that section) on an equal basis with other eligible applicants for
funding under that section.
(c) Staffing for Adequate Fire and Emergency Response Grants.--The
State and any Indian tribe or tribal organization in the State that
employs a village public safety officer shall be eligible to apply for
a grant under the Staffing for Adequate Fire and Emergency Response
program under section 34 of the Federal Fire Prevention and Control Act
of 1974 (15 U.S.C. 2229a) on an equal basis with other eligible
applicants for funding under that program.
(d) Training for Village Public Safety Officers and Tribal Law
Enforcement Positions Funded Under COPS Program.--
(1) In general.--Any village public safety officer or tribal
law enforcement officer in the State shall be eligible to
participate in any training program offered at the Indian Police
Academy of the Federal Law Enforcement Training Center.
(2) Funding.--Funding received pursuant to grants approved
under section 1701 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796dd) may be used for training of officers
at programs described in paragraph (1) or at a police academy in
the State certified by the Alaska Police Standards Council.
(e) Funds for Courts of Law Enforcement Officers.--Section 112(a)
of the Consolidated Appropriations Act, 2004 (Public Law 108-199; 118
Stat. 62) is amended--
(1) by striking paragraph (1);
(2) by redesignating subparagraphs (A) and (B) of paragraph (2)
as paragraphs (1) and (2), respectively, and indenting
appropriately; and
(3) by redesignating clauses (i) through (iv) of paragraph (2)
(as so redesignated) as subparagraphs (A) through (D),
respectively, and indenting appropriately.
Subtitle E--Indian Country Crime Data Collection and Information
Sharing
SEC. 251. TRACKING OF CRIMES COMMITTED IN INDIAN COUNTRY.
(a) Gang Violence.--Section 1107 of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (28 U.S.C. 534 note;
Public Law 109-162) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (8) through (12) as
paragraphs (9) through (13), respectively;
(B) by inserting after paragraph (7) the following:
``(8) the Office of Justice Services of the Bureau of Indian
Affairs;'';
(C) in paragraph (9) (as redesignated by subparagraph (A)),
by striking ``State'' and inserting ``tribal, State,''; and
(D) in paragraphs (10) through (12) (as redesignated by
subparagraph (A)), by inserting ``tribal,'' before ``State,''
each place it appears; and
(2) in subsection (b), by inserting ``tribal,'' before
``State,'' each place it appears.
(b) Bureau of Justice Statistics.--Section 302 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3732) is amended--
(1) in subsection (c)--
(A) in each of paragraphs (3) through (6), by inserting
``tribal,'' after ``State,'' each place it appears;
(B) in paragraph (7), by inserting ``and in Indian
country'' after ``States'';
(C) in paragraph (9), by striking ``Federal and State
Governments'' and inserting ``Federal Government and State and
tribal governments'';
(D) in each of paragraphs (10) and (11), by inserting ``,
tribal,'' after ``State'' each place it appears;
(E) in paragraph (13), by inserting ``, Indian tribes,''
after ``States'';
(F) in paragraph (17)--
(i) by striking ``State and local'' and inserting
``State, tribal, and local''; and
(ii) by striking ``State, and local'' and inserting
``State, tribal, and local'';
(G) in paragraph (18), by striking ``State and local'' and
inserting ``State, tribal, and local'';
(H) in paragraph (19), by inserting ``and tribal'' after
``State'' each place it appears;
(I) in paragraph (20), by inserting ``, tribal,'' after
``State''; and
(J) in paragraph (22), by inserting ``, tribal,'' after
``Federal'';
(2) in subsection (d)--
(A) by redesignating paragraphs (1) through (6) as
subparagraphs (A) through (F), respectively, and indenting the
subparagraphs appropriately;
(B) by striking ``To insure'' and inserting the following:
``(1) In general.--To ensure''; and
(C) by adding at the end the following:
``(2) Consultation with indian tribes.--The Director, acting
jointly with the Assistant Secretary for Indian Affairs (acting
through the Office of Justice Services) and the Director of the
Federal Bureau of Investigation, shall work with Indian tribes and
tribal law enforcement agencies to establish and implement such
tribal data collection systems as the Director determines to be
necessary to achieve the purposes of this section.'';
(3) in subsection (e), by striking ``subsection (d)(3)'' and
inserting ``subsection (d)(1)(C)'';
(4) in subsection (f)--
(A) in the subsection heading, by inserting ``, Tribal,''
after ``State''; and
(B) by inserting ``, tribal,'' after ``State''; and
(5) by adding at the end the following:
``(g) Reports.--Not later than 1 year after the date of enactment
of this subsection, and annually thereafter, the Director shall submit
to Congress a report describing the data collected and analyzed under
this section relating to crimes in Indian country.''.
(c) Effect of Grants.--Nothing in this section or any amendment
made by this section--
(1) allows the grant to be made to, or used by, an entity for
law enforcement activities that the entity lacks jurisdiction to
perform; or
(2) has any effect other than to authorize, award, or deny a
grant of funds to a federally recognized Indian tribe for the
purposes described in the relevant grant program.
SEC. 252. CRIMINAL HISTORY RECORD IMPROVEMENT PROGRAM.
(a) In General.--Section 1301(a) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796h(a)) is amended by inserting
``, tribal,'' after ``State''.
(b) Effect of Grants.--Nothing in this section or any amendment
made by this section--
(1) allows the grant to be made to, or used by, an entity for
law enforcement activities that the entity lacks jurisdiction to
perform; or
(2) has any effect other than to authorize, award, or deny a
grant of funds to a federally recognized Indian tribe for the
purposes described in the relevant grant program.
Subtitle F--Domestic Violence and Sexual Assault Prosecution and
Prevention
SEC. 261. PRISONER RELEASE AND REENTRY.
(a) Duties of Bureau of Prisons.--Section 4042 of title 18, United
States Code, is amended--
(1) in subsection (a)(4), by inserting ``, tribal,'' after
``State'';
(2) in subsection (b)(1), in the first sentence, by striking
``officer of the State and of the local jurisdiction'' and
inserting ``officers of each State, tribal, and local
jurisdiction''; and
(3) in subsection (c)(1)--
(A) in subparagraph (A), by striking ``officer of the State
and of the local jurisdiction'' and inserting ``officer of each
State, tribal, and local jurisdiction''; and
(B) in subparagraph (B), by inserting ``, tribal,'' after
``State'' each place it appears.
(b) Authority of Institute; Time; Records of Recipients; Access;
Scope of Section.--Section 4352(a) of title 18, United States Code, is
amended--
(1) in paragraphs (1), (3), (4), and (8), by inserting
``tribal,'' after ``State,'' each place it appears;
(2) in paragraph (6)--
(A) by inserting ``and tribal communities,'' after
``States''; and
(B) by inserting ``, tribal,'' after ``State''; and
(3) in paragraph (12) by inserting ``, tribal,'' after
``State''.
SEC. 262. DOMESTIC AND SEXUAL VIOLENCE OFFENSE TRAINING.
Section 3(c)(9) of the Indian Law Enforcement Reform Act (25 U.S.C.
2802(c)(9)) (as amended by section 211(a)(2)) is amended by inserting
before the semicolon at the end the following: ``, including training
to properly interview victims of domestic and sexual violence and to
collect, preserve, and present evidence to Federal and tribal
prosecutors to increase the conviction rate for domestic and sexual
violence offenses for purposes of addressing and preventing domestic
and sexual violent offenses''.
SEC. 263. TESTIMONY BY FEDERAL EMPLOYEES.
The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et seq.) (as
amended by section 235) is amended by adding at the end the following:
``SEC. 16. TESTIMONY BY FEDERAL EMPLOYEES.
``(a) Approval of Employee Testimony or Documents.--
``(1) In general.--The Director of the Office of Justice
Services or the Director of the Indian Health Service, as
appropriate (referred to in this section as the `Director
concerned'), shall approve or disapprove, in writing, any request
or subpoena from a tribal or State court for a law enforcement
officer, sexual assault nurse examiner, or other employee under the
supervision of the Director concerned to provide documents or
testimony in a deposition, trial, or other similar criminal
proceeding regarding information obtained in carrying out the
official duties of the employee.
``(2) Deadline.--The court issuing a subpoena under paragraph
(1) shall provide to the appropriate Federal employee (or agency in
the case of a document request) notice regarding the request to
provide testimony (or release a document) by not less than 30 days
before the date on which the testimony will be provided.
``(b) Approval.--
``(1) In general.--The Director concerned shall approve a
request or subpoena under subsection (a) if the request or subpoena
does not violate the policy of the Department to maintain
impartiality.
``(2) Failure to approve.--If the Director concerned fails to
approve or disapprove a request or subpoena for testimony or
release of a document by the date that is 30 days after the date of
receipt of notice of the request or subpoena, the request or
subpoena shall be considered to be approved for purposes of this
section.''.
SEC. 264. COORDINATION OF FEDERAL AGENCIES.
Any report of the Secretary of Health and Human Services to
Congress on the development of Indian victim services and victim
advocate training programs shall include any recommendations that the
Secretary determines to be necessary to prevent the sex trafficking of
Indian women.
SEC. 265. SEXUAL ASSAULT PROTOCOL.
The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et seq.) (as
amended by section 236) is amended by adding at the end the following:
``SEC. 17. POLICIES AND PROTOCOL.
``The Director of the Indian Health Service, in coordination with
the Director of the Office of Justice Services and the Director of the
Office on Violence Against Women of the Department of Justice, in
consultation with Indian Tribes and Tribal Organizations, and in
conference with Urban Indian Organizations, shall develop standardized
sexual assault policies and protocol for the facilities of the Service,
based on similar protocol that has been established by the Department
of Justice.''.
SEC. 266. STUDY OF IHS SEXUAL ASSAULT AND DOMESTIC VIOLENCE
RESPONSE CAPABILITIES.
(a) Study.--The Comptroller General of the United States shall--
(1) conduct a study of the capability of Indian Health Service
facilities in remote Indian reservations and Alaska Native
villages, including facilities operated pursuant to contracts or
compacts under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b et seq.), to collect, maintain, and
secure evidence of sexual assaults and domestic violence incidents
required for criminal prosecution; and
(2) develop recommendations for improving those capabilities.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Indian Affairs of the Senate and the Committee on Natural Resources of
the House of Representatives a report describing the results of the
study under subsection (a), including the recommendations developed
under that subsection, if any.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.