IB One Hundred Eleventh Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Tuesday, the fifth day of January, two thousand and ten H. R. 725 AN ACT To protect Indian arts and crafts through the improvement of applicable criminal proceedings, and for other purposes.

. (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..

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.

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.

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;.

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:

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.

.

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.

Speaker of the House of Representatives.Vice President of the United States and President of the Senate.