[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2920 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
                                S. 2920

   To amend the Tribal Law and Order Act of 2010 and the Indian Law 
  Enforcement Reform Act to provide for advancements in public safety 
        services to Indian communities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 11, 2016

  Mr. Barrasso (for himself and Mr. McCain) introduced the following 
  bill; which was read twice and referred to the Committee on Indian 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend the Tribal Law and Order Act of 2010 and the Indian Law 
  Enforcement Reform Act to provide for advancements in public safety 
        services to Indian communities, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Tribal Law and 
Order Reauthorization and Amendments Act of 2016''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
                     TITLE I--TRIBAL LAW AND ORDER

Sec. 101. Bureau of Indian Affairs law enforcement.
Sec. 102. Integration and coordination of programs.
Sec. 103. Data sharing with Indian tribes.
Sec. 104. Judicial administration in Indian country.
Sec. 105. Federal notice.
Sec. 106. Detention facilities.
Sec. 107. Reauthorization for tribal courts training.
Sec. 108. Amendments to the Indian Civil Rights Act.
Sec. 109. Special assistant public defender liaisons.
Sec. 110. Offenses in Indian country: trespass on Indian land.
Sec. 111. Resources for public safety in Indian communities; drug 
                            trafficking prevention.
Sec. 112. Substance abuse prevention tribal action plans.
              TITLE II--IMPROVING JUSTICE FOR INDIAN YOUTH

Sec. 201. Federal jurisdiction over Indian juveniles.
Sec. 202. Reauthorization of tribal youth programs.
Sec. 203. Justice for Indian youth.
Sec. 204. GAO report on justice for Indian juveniles.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Tribal Law and Order Act of 2010 (Public Law 111-
        211; 25 U.S.C. 2801 note) was enacted to enhance law 
        enforcement services, encourage interagency cooperation, and 
        improve Federal accountability for public safety in Indian 
        communities;
            (2) in 2013, the Bureau of Indian Affairs reported 
        increases in property crimes and violent crimes in Indian 
        country;
            (3) according to the Department of Justice, 34 percent of 
        total Indian country criminal matters are eligible for 
        prosecution, a percentage that has not decreased significantly 
        and has remained fairly steady;
            (4) during the period beginning in 2010 and ending on the 
        date of enactment of this Act, the number of law enforcement 
        officers working on public safety in Indian country has 
        slightly increased, but according to the Bureau of Indian 
        Affairs, only approximately 43 percent of the total need for 
        those officers is currently being met;
            (5) for a period of more than 40 years prior to the date of 
        enactment of this Act, the Shadow Wolves, a special unit of 
        tactical officers of the U.S. Immigration and Customs 
        Enforcement, have been deployed throughout the Tohono O'odham 
        Nation reservation in Arizona and have been operating in an 
        area--
                    (A) of more than 5,000 square miles of vast, 
                desert, tribal land in the Southwest, 75 square miles 
                of which is an area located along the United States 
                border with Mexico;
                    (B) in which approximately 28,000 Indians reside; 
                and
                    (C) that has been targeted by criminal 
                organizations for use as a major corridor to deliver 
                contraband from Mexico to locations throughout the 
                United States, including other Indian reservations;
            (6) many Bureau of Indian Affairs and tribal detention 
        facilities continue to operate in overcrowded conditions;
            (7) tribal justice systems have encountered barriers to 
        accessing criminal data and improvements to the ability to 
        access that data are needed to facilitate information sharing 
        by Federal agencies;
            (8) American Indian and Alaska Native juveniles are 
        overrepresented in Federal and State juvenile justice systems;
            (9) there is a lack of training, collaboration, 
        communication, and cooperation among government agencies 
        regarding juvenile justice for Indian youth;
            (10) tribal youth in the Federal justice system--
                    (A) may spend more time in secure confinement than 
                youth in State justice systems, sometimes by several 
                years; and
                    (B) are placed in facilities that may be located 
                far away from the communities and families of the 
                tribal youth; and
            (11) appropriate services for tribal youth in the Federal 
        justice system are unavailable.

                     TITLE I--TRIBAL LAW AND ORDER

SEC. 101. BUREAU OF INDIAN AFFAIRS LAW ENFORCEMENT.

    (a) Enforcement of Reporting Requirements.--Section 3 of the Indian 
Law Enforcement Reform Act (25 U.S.C. 2802) is amended by adding at the 
end the following:
    ``(g) Enforcement of Reporting Requirements.--
            ``(1) In general.--Subject to paragraph (2), on the failure 
        of the Director of the Office of Justice Services to submit a 
        report in accordance with paragraph (16) or (17) of subsection 
        (c), the Secretary shall withhold funding for the Office of the 
        Assistant Secretary for Indian Affairs used for the 
        administration of services, including functional expenses such 
        as overtime, personnel salaries, and associated benefits or 
        related tasks that directly affect those functions, to the 
        extent that the withholding does not adversely impact the 
        capacity of the Secretary to provide law enforcement services 
        in Indian communities in accordance with this Act.
            ``(2) Restoration.--The Secretary shall restore funding 
        withheld in accordance with paragraph (1) on submission of the 
        applicable report in accordance with paragraph (16) or (17) of 
        subsection (c).''.
    (b) Allowance for Rentals of Quarters and Facilities.--Section 8 of 
the Indian Law Enforcement Reform Act (25 U.S.C. 2807) is amended--
            (1) by striking the section heading and designation and all 
        that follows through ``Notwithstanding the limitation'' and 
        inserting the following:

``SEC. 8. ALLOWANCES.

    ``(a) Uniforms.--Notwithstanding the limitation''; and
            (2) by adding at the end the following:
    ``(b) Rentals for Quarters and Facilities.--Notwithstanding section 
5911 of title 5, United States Code, the Secretary, on recommendation 
of the Director of the Office of Justice Services, shall establish 
applicable rental rates for quarters and facilities for employees of 
the Office of Justice Services.''.
    (c) Law Enforcement and Judicial Training.--Section 4218(b) of the 
Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 
(25 U.S.C. 2451(b)) is amended by striking ``2011 through 2015'' and 
inserting ``2017 through 2021''.
    (d) Public Safety and Community Policing Grants.--Section 1701(j) 
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796dd(j)) is amended--
            (1) in paragraph (1), by striking ``any fiscal year'' and 
        inserting ``each fiscal year''; and
            (2) in paragraph (4), by striking ``2011 through 2015'' and 
        inserting ``2017 through 2021''.

SEC. 102. INTEGRATION AND COORDINATION OF PROGRAMS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of the Interior, the Secretary of Health and 
Human Services, and the Attorney General shall consult with Indian 
tribes regarding--
            (1) the feasibility and effectiveness of the establishment 
        of base funding for, and the integration and consolidation of, 
        Federal law enforcement, public safety, and substance abuse and 
        mental health programs for which Indian tribes are eligible, 
        for the purposes of coordinating the programs, reducing 
        administrative costs, and improving services for Indian tribes, 
        individual Indians, and Indian communities;
            (2) the use of a single application and reporting system 
        for the consolidated approach described in paragraph (1);
            (3) the application of the Single Audit Act of 1984 (31 
        U.S.C. 7501 et seq.) to the consolidated approach described in 
        paragraph (1);
            (4) the methodology for interagency transfer of funds for 
        the consolidated approach described in paragraph (1);
            (5) the method for Federal oversight for the consolidated 
        approach described in paragraph (1); and
            (6) any legal or administrative barriers to the 
        implementation of the consolidated approach described in 
        paragraph (1).
    (b) Responsibilities.--As part of the consultation described in 
subsection (a), each applicable unit of the Department of the Interior, 
the Department of Health and Human Services, and the Department of 
Justice shall identify--
            (1) each program under the jurisdiction of that unit for 
        which an Indian tribe may be eligible; and
            (2) the regulations governing each program described in 
        paragraph (1).
    (c) Submission of Plan.--Not later than 18 months after the date of 
enactment of this Act, the Secretary of the Interior, the Secretary of 
Health and Human Services, and the Attorney General shall jointly 
submit to the Committee on Indian Affairs of the Senate, the Committee 
on Natural Resources of the House of Representatives, and the Committee 
on the Judiciary of the House of Representatives a plan that includes--
            (1) the findings of the consultation described in 
        subsection (a);
            (2) the programs identified in accordance with subsection 
        (b); and
            (3) any legal or administrative barriers to the 
        implementation of the consolidated approach described in 
        subsection (a)(1).

SEC. 103. DATA SHARING WITH INDIAN TRIBES.

    (a) Information Sharing With Indian Tribes.--Section 534(d) of 
title 28, United States Code, is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively, and indenting 
        appropriately;
            (2) in the matter preceding subparagraph (A) (as so 
        redesignated), by striking ``The Attorney General'' and 
        inserting the following:
            ``(1) In general.--The Attorney General''; and
            (3) by adding at the end the following:
            ``(2) Information sharing.--Any report issued as a result 
        of the analysis of information entered into Federal criminal 
        information databases or obtained from Federal criminal 
        databases, including for the purpose of conducting background 
        checks, shall be shared with Indian tribes of jurisdiction.''.
    (b) Bureau of Justice Statistics.--Section 302(d) of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3732(d)) is 
amended--
            (1) by striking the subsection designation and all that 
        follows through ``To ensure'' in paragraph (1) and inserting 
        the following:
    ``(d) Justice Statistical Collection, Analysis, and 
Dissemination.--
            ``(1) In general.--To ensure''; and
            (2) in paragraph (2)--
                    (A) by striking ``The Director'' and inserting the 
                following:
                    ``(A) In general.--The Director''; and
                    (B) by adding at the end the following:
                    ``(B) Information sharing requirement.--Analysis of 
                the information collected under subparagraph (A) shall 
                be shared with the Indian tribe that provided the 
                information that was collected.''.
    (c) Reports to Tribes.--Section 10(b) of the Indian Law Enforcement 
Reform Act (25 U.S.C. 2809(b)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (B), by redesignating clauses 
                (i) and (ii) as subclauses (I) and (II), respectively, 
                and indenting appropriately; and
                    (B) by redesignating subparagraphs (A) and (B) as 
                clauses (i) and (ii), respectively, and indenting 
                appropriately;
            (2) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively, and indenting 
        appropriately;
            (3) in the matter preceding subparagraph (A) (as so 
        redesignated), by striking ``The Attorney General'' and 
        inserting the following:
            ``(1) In general.--The Attorney General''; and
            (4) by adding at the end the following:
            ``(2) Consultation.--Not later than 1 year after the date 
        of enactment of the Tribal Law and Order Reauthorization and 
        Amendments Act of 2016, the Attorney General shall consult with 
        Indian tribes, including appropriate tribal justice officials, 
        regarding--
                    ``(A) the annual reports described in paragraph (1) 
                to improve the data collected, the information 
                reported, and the reporting system; and
                    ``(B) improvements to the processes for the 
                satisfaction of the requirements for coordination 
                described in paragraphs (1) and (3) of subsection (a).
            ``(3) Enforcement of reporting requirements.--
                    ``(A) In general.--Subject to subparagraph (B), on 
                the failure of the Attorney General to submit a report 
                in accordance with paragraph (1), the Attorney General 
                shall withhold funding for the Director of the Federal 
                Bureau of Investigation and the Director of the 
                Executive Office for United States Attorneys used for 
                the administration of services, including functional 
                expenses such as overtime, personnel salaries, and 
                associated benefits or related tasks that directly 
                affect those functions, to the extent that the 
                withholding does not adversely impact the capacity of 
                the Attorney General to provide law enforcement, 
                investigation, or prosecution services.
                    ``(B) Restoration.--The Attorney General shall 
                restore funding withheld in accordance with 
                subparagraph (A) on submission of the applicable report 
                in accordance with paragraph (1).''.

SEC. 104. JUDICIAL ADMINISTRATION IN INDIAN COUNTRY.

    (a) Bureau of Prisons Tribal Prisoner Program.--Section 234(c) of 
the Tribal Law and Order Act of 2010 (25 U.S.C. 1302 note; Public Law 
111-211) is amended--
            (1) in paragraph (5), by striking ``3 years after the date 
        of establishment of the pilot program'' and inserting ``5 years 
        after the date of enactment of the Tribal Law and Order 
        Reauthorization and Amendments Act of 2016''; and
            (2) in paragraph (6), by striking ``paragraph shall expire 
        on the date that is 4 years after the date on which the program 
        is established'' and inserting ``subsection shall expire on the 
        date that is 7 years after the date of enactment of the Tribal 
        Law and Order Reauthorization and Amendments Act of 2016''.
    (b) Consultation for Juvenile Justice Reform.--Section 3 of the 
Indian Law Enforcement Reform Act (25 U.S.C. 2802) (as amended by 
section 101(a)) is amended by adding at the end the following:
    ``(h) Consultation for Juvenile Justice Reform.--Not later than 1 
year after date of enactment of this subsection, the Director of the 
Bureau of Indian Affairs, the Director of the Bureau of Prisons, the 
Director of the Indian Health Service, and the Administrator of the 
Substance Abuse and Mental Health Services Administration shall consult 
with Indian tribes regarding Indian juvenile justice and incarceration, 
including--
            ``(1) the potential for using Bureau of Indian Affairs or 
        tribal juvenile facilities for the incarceration of Indian 
        youth in the Federal system as alternative locations closer to 
        the communities of the Indian youth;
            ``(2) improving community-based options for the services 
        needed and available for Indian youth in Federal incarceration;
            ``(3) barriers to the use of--
                    ``(A) alternatives to incarceration; or
                    ``(B) cross-agency services for Indian youth in 
                incarceration; and
            ``(4) the application of the Federal sentencing guidelines 
        to Indian youth.''.

SEC. 105. FEDERAL NOTICE.

    Section 10 of the Indian Law Enforcement Reform Act (25 U.S.C. 
2809) is amended by adding at the end the following:
    ``(d) Federal Notice.--On conviction in any district court of the 
United States of an enrolled member of a federally recognized Indian 
tribe, the Office of the United States Attorney for the district in 
which the member was convicted shall provide to the appropriate tribal 
justice official notice of the conviction and any other pertinent 
information.''.

SEC. 106. DETENTION FACILITIES.

    (a) Indian Law Enforcement Reform Act.--Section 3 of the Indian Law 
Enforcement Reform Act (25 U.S.C. 2802) (as amended by section 104(b)) 
is amended by adding at the end the following:
    ``(i) Alternatives to Detention.--In carrying out the 
responsibilities of the Secretary under this Act or title II of Public 
Law 90-284 (commonly known as the `Indian Civil Rights Act of 1968') 
(25 U.S.C. 1301 et seq.), the Secretary shall authorize an Indian tribe 
carrying out a contract or compact pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.), on 
request of the Indian tribe, to use any available detention funding 
from the contract or compact for such appropriate alternatives to 
detention to which the Indian tribe and Secretary, acting through the 
Director of the Office of Justice Services, mutually agree.''.
    (b) Indian Tribal Justice Act.--Section 103 of the Indian Tribal 
Justice Act (25 U.S.C. 3613) is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following:
    ``(c) Alternatives to Detention.--In carrying out the 
responsibilities of the Secretary under this Act or title II of Public 
Law 90-284 (commonly known as the `Indian Civil Rights Act of 1968') 
(25 U.S.C. 1301 et seq.), the Secretary shall authorize an Indian tribe 
carrying out a contract or compact pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.), on 
request of the Indian tribe, to use any available detention funding 
from the contract or compact for such appropriate alternatives to 
detention to which the Indian tribe and Secretary, acting through the 
Director of the Office of Justice Services, mutually agree.''.
    (c) Juvenile Detention Centers.--Section 4220(b) of the Indian 
Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 
U.S.C. 2453(b)) is amended by striking ``2011 through 2015'' each place 
it appears and inserting ``2017 through 2021''.
    (d) Payments for Incarceration on Tribal Land.--Section 20109(a) of 
the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
13709(a)) is amended by striking ``2011 through 2015'' and inserting 
``2017 through 2021''.

SEC. 107. REAUTHORIZATION FOR TRIBAL COURTS TRAINING.

    (a) Tribal Justice Systems.--Section 201 of the Indian Tribal 
Justice Act (25 U.S.C. 3621) is amended by striking ``2011 through 
2015'' each place it appears and inserting ``2017 through 2021''.
    (b) Technical and Legal Assistance.--
            (1) Authorization of appropriations.--Section 107 of the 
        Indian Tribal Justice Technical and Legal Assistance Act of 
        2000 (25 U.S.C. 3666) is amended by striking ``2011 through 
        2015'' and inserting ``2017 through 2021''.
            (2) Grants.--Section 201(d) of the Indian Tribal Justice 
        Technical and Legal Assistance Act of 2000 (25 U.S.C. 3681(d)) 
        is amended by striking ``2011 through 2015'' and inserting 
        ``2017 through 2021''.

SEC. 108. AMENDMENTS TO THE INDIAN CIVIL RIGHTS ACT.

    (a) Constitutional Rights.--Section 202(a)(10) of Public Law 90-284 
(commonly known as the ``Indian Civil Rights Act of 1968'') (25 U.S.C. 
1302(a)(10)) is amended by inserting ``for 180 days or more'' after 
``punishable by imprisonment''.
    (b) Rights of Defendants.--Section 204(d)(3) of Public Law 90-284 
(commonly known as the ``Indian Civil Rights Act of 1968'') (25 U.S.C. 
1304(d)(3)) is amended in the matter preceding subparagraph (A), by 
striking ``the right'' and inserting ``if a term of imprisonment of 180 
days or more may be imposed, the right''.

SEC. 109. SPECIAL ASSISTANT PUBLIC DEFENDER LIAISONS.

    The Indian Law Enforcement Reform Act is amended by inserting after 
section 13 (25 U.S.C. 2810) the following:

``SEC. 13A. ASSISTANT FEDERAL PUBLIC DEFENDER TRIBAL LIAISONS.

    ``(a) Appointment.--
            ``(1) In general.--The Federal Public Defender for each 
        district that includes Indian country shall appoint not less 
        than 1 assistant Federal Public Defender to serve as a tribal 
        liaison for the district.
            ``(2) Sense of congress.--It is the sense of Congress that 
        in appointing assistant Federal Public Defenders under 
        paragraph (1), the Federal Public Defender should consult with 
        tribal justice officials from each Indian tribe that would be 
        affected by the appointment.
    ``(b) Duties.--
            ``(1) In general.--The duties of a tribal liaison shall 
        include the following:
                    ``(A) Coordinating the defense of Federal crimes 
                that occur in Indian country.
                    ``(B) Consulting and coordinating with tribal 
                public defenders to address any backlog in providing 
                criminal defense of major crimes in Indian country in 
                the relevant district.
                    ``(C) Developing working relationships and 
                maintaining communication with tribal leaders and 
                tribal community, including the interchange and 
                understanding of cultural issues that may impact the 
                effective assistance of counsel.
                    ``(D) Coordinating with tribal public defenders in 
                cases in which a tribal government has concurrent 
                jurisdiction over an alleged defendant in advance of 
                the expiration of any applicable statute of limitation.
                    ``(E) Providing technical assistance and training 
                regarding criminal defense techniques and strategies, 
                forensics, and reentry programs and strategies for 
                responding to crimes occurring in Indian country.
                    ``(F) Coordinating with the Administrative Office 
                of the United States Courts.
            ``(2) Sense of congress.--It is the sense of Congress 
        that--
                    ``(A) in evaluating the performance of tribal 
                liaisons, and as part of the work performance study of 
                the Federal public defenders, the Administrative Office 
                of the United States Courts should take into 
                consideration the multiple duties of tribal liaisons 
                described in paragraph (1); and
                    ``(B) the Federal Public Defender Service and the 
                Attorney General should work together to ensure that 
                each district that includes Indian country has 
                sufficient resources to provide adequate 
                representation.
    ``(c) Enhanced Criminal Defense of Major Crimes.--Each Federal 
Public Defender serving a district pursuant to section 3006A of title 
18, United States Code, that includes Indian country is authorized and 
encouraged--
            ``(1) to appoint Special Assistant Public Defenders to 
        defend Indian defendants charged with a Federal crime occurring 
        in Indian country as necessary to improve the administration of 
        justice if--
                    ``(A) the crime rate in the district exceeds the 
                national average crime rate; or
                    ``(B) the rate at which Indian criminal defendants 
                are being prosecuted in the district exceeds the 
                national average of prosecution rates;
            ``(2) to coordinate with applicable United States district 
        courts and United States Attorneys' Offices regarding--
                    ``(A) scheduling of Indian country matters; and
                    ``(B) holding trials or other proceedings in Indian 
                country, as appropriate;
            ``(3) to provide to appointed Special Assistant Federal 
        Public Defenders appropriate training, supervision, and staff 
        support; and
            ``(4) to provide technical and other assistance to tribal 
        governments and tribal court systems to ensure that the goals 
        of this subsection are achieved.
    ``(d) Effect.--Nothing in this section limits the authority of any 
Federal Public Defender to determine the duties of a tribal liaison 
officer to meet the needs of the Indian tribes located within the 
relevant Federal district.''.

SEC. 110. OFFENSES IN INDIAN COUNTRY: TRESPASS ON INDIAN LAND.

    Section 1165 of title 18, United States Code, is amended--
            (1) in the section heading, by striking ``Hunting, 
        trapping, or fishing'' and inserting ``Criminal trespass'';
            (2) by inserting ``(referred to in this section as `tribal 
        land')'' after ``for Indian use'';
            (3) by striking ``Whoever, without lawful authority'' and 
        inserting the following:
    ``(a) Hunting, Trapping, or Fishing on Indian Land.--Whoever, 
without lawful authority''; and
            (4) by adding at the end the following:
    ``(b) Violation of Tribal Exclusion Order.--
            ``(1) Definition of exclusion order.--In this subsection, 
        the term `exclusion order' means an order issued in a 
        proceeding by a court of an Indian tribe that temporarily or 
        permanently excludes a person from tribal land because of a 
        conviction under the criminal laws of the tribal government--
                    ``(A) for a violent crime (as defined under 
                applicable tribal law); or
                    ``(B) for the sale or distribution of controlled 
                substances.
            ``(2) Violation described.--It shall be unlawful for any 
        person to knowingly violate the terms of an exclusion order 
        that was issued by a court of an Indian tribe in accordance 
        with paragraph (4).
            ``(3) Penalty.--Any person who violates paragraph (2) shall 
        be fined up to $5,000 or imprisoned for up to 1 year, or both.
            ``(4) Requirements.--The violation described in paragraph 
        (2) applies only to an exclusion order--
                    ``(A) for which--
                            ``(i) the respondent was served with, or 
                        had actual notice of, the underlying complaint; 
                        and
                            ``(ii) the underlying complaint included--
                                    ``(I) a plain statement of facts 
                                that, if true, would provide the basis 
                                for the issuance of an exclusion order 
                                against the respondent;
                                    ``(II) the date, time, and place 
                                for a hearing on the complaint; and
                                    ``(III) a statement informing the 
                                respondent that if the respondent fails 
                                to appear at the hearing on the 
                                complaint, an order may issue, the 
                                violation of which may result in--
                                            ``(aa) criminal prosecution 
                                        under Federal law; and
                                            ``(bb) the imposition of a 
                                        fine or imprisonment, or both;
                    ``(B) for which a hearing on the underlying 
                complaint sufficient to protect the right of the 
                respondent to due process was held on the record, at 
                which the respondent was provided an opportunity to be 
                heard and present testimony of witnesses and other 
                evidence as to why the order should not issue;
                    ``(C) that--
                            ``(i) temporarily or permanently excludes 
                        the respondent from tribal land under the 
                        jurisdiction of the applicable Indian tribe; 
                        and
                            ``(ii) includes a statement that a 
                        violation of the order may result in criminal 
                        prosecution under Federal law and the 
                        imposition of a fine or imprisonment, or both; 
                        and
                    ``(D) with which the respondent was served or of 
                which the respondent had actual notice.''.

SEC. 111. RESOURCES FOR PUBLIC SAFETY IN INDIAN COMMUNITIES; DRUG 
              TRAFFICKING PREVENTION.

    (a) Shadow Wolves.--
            (1) In general.--There is established within the Bureau of 
        Immigration and Customs Enforcement of the Department of 
        Homeland Security a division to be known as the ``Shadow Wolves 
        Division''.
            (2) Duties.--The Shadow Wolves Division shall--
                    (A) carry out such duties as are assigned by the 
                Director of the Bureau of Immigration and Customs 
                Enforcement; and
                    (B) in carrying out those duties, coordinate with 
                the Bureau of Indian Affairs and other applicable 
                Federal agencies and State and tribal governments.
    (b) Reauthorization of Funding To Combat Illegal Narcotics 
Trafficking.--Section 4216 of the Indian Alcohol and Substance Abuse 
Prevention and Treatment Act of 1986 (25 U.S.C. 2442) is amended by 
striking ``2011 through 2015'' each place it appears and inserting 
``2017 through 2021''.

SEC. 112. SUBSTANCE ABUSE PREVENTION TRIBAL ACTION PLANS.

    (a) Interdepartmental Memorandum of Agreement.--Section 4205(a) of 
the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 
1986 (25 U.S.C. 2411(a)) is amended--
            (1) in the matter preceding paragraph (1), by inserting 
        ``the Secretary of Agriculture, the Secretary of Housing and 
        Urban Development,'' after ``the Attorney General,'';
            (2) in paragraph (2)(A), by inserting ``the Department of 
        Agriculture, the Department of Housing and Urban Development,'' 
        after ``Services Administration,'';
            (3) in paragraph (5), by inserting ``the Department of 
        Agriculture, the Department of Housing and Urban Development,'' 
        after ``Services Administration,''; and
            (4) in paragraph (7) by inserting ``the Secretary of 
        Agriculture, the Secretary of Housing and Urban Development,'' 
        after ``the Attorney General,''.
    (b) Reauthorization of Tribal Action Plans Funds.--Section 
4206(d)(2) of the Indian Alcohol and Substance Abuse Prevention and 
Treatment Act of 1986 (25 U.S.C. 2412(d)(2)) is amended by striking 
``2011 through 2015'' and inserting ``2017 through 2021''.
    (c) Grants for Training, Education, and Prevention Programs.--
Section 4206(f)(3) of the Indian Alcohol and Substance Abuse Prevention 
and Treatment Act of 1986 (25 U.S.C. 2412(f)(3)) is amended by striking 
``2011 through 2015'' and inserting ``2017 through 2021''.

              TITLE II--IMPROVING JUSTICE FOR INDIAN YOUTH

SEC. 201. FEDERAL JURISDICTION OVER INDIAN JUVENILES.

    Section 5032 of title 18, United States Code, is amended--
            (1) in the first undesignated paragraph--
                    (A) in paragraph (1), by inserting ``or Indian 
                tribe'' after ``court of a State''; and
                    (B) in paragraph (2), by inserting ``or Indian 
                tribe'' after ``the State'';
            (2) in the second undesignated paragraph--
                    (A) in the first sentence, by inserting ``or Indian 
                tribe'' after ``such State''; and
                    (B) by adding at the end the following: ``In this 
                section, 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) in the third undesignated paragraph, in the first 
        sentence, by inserting ``or Indian tribe'' after ``State''; and
            (4) in the fourth undesignated paragraph, in the first 
        sentence--
                    (A) by inserting ``or Indian tribal'' after 
                ``State''; and
                    (B) by inserting ``, or of a representative of an 
                Indian tribe of which the juvenile is a member,'' after 
                ``counsel''.

SEC. 202. REAUTHORIZATION OF TRIBAL YOUTH PROGRAMS.

    (a) Summer Youth Programs.--Section 4212(a)(3) of the Indian 
Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 
U.S.C. 2432(a)(3)) is amended by striking ``2011 through 2015'' and 
inserting ``2017 through 2021''.
    (b) 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, in paragraphs (1) and (2), by striking ``2011 
through 2015'' each place it appears and inserting ``2017 through 
2021''.

SEC. 203. JUSTICE FOR INDIAN YOUTH.

    (a) Purposes.--Section 102 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5602) is amended--
            (1) by striking ``State and local'' each place it appears 
        and inserting ``State, tribal, and local'';
            (2) in paragraph (2), by striking ``and'' at the end;
            (3) in paragraph (3)--
                    (A) by striking ``information on effective 
                programs'' and inserting ``information on effective and 
                evidence-based programs and practices''; and
                    (B) by striking the period at the end and inserting 
                ``; and''; and
            (4) by adding at the end the following:
            ``(4) to support a continuum of evidence-based or promising 
        programs (including delinquency prevention, intervention, 
        mental health and substance abuse treatment, family services, 
        and services for children exposed to violence) that are trauma-
        informed, reflect the science of adolescent development, and 
        designed to meet the needs of at-risk youth and youth who come 
        into contact with the justice system.''.
    (b) Concentration of Federal Efforts.--Section 204(b) of the 
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 
5614(b)) is amended--
            (1) in paragraph (6), by striking ``section 223(a)(15)'' 
        and inserting ``section 223(a)(14)''; and
            (2) by striking paragraph (7) and inserting the following:
            ``(7)(A) not less frequently than biannually, consult with 
        Indian tribes regarding--
                    ``(i) the implementation of this Act;
                    ``(ii) strengthening the government-to-government 
                relationship between the Federal Government and Indian 
                tribes;
                    ``(iii) improving juvenile delinquency programs, 
                services, and activities affecting Indian youth and 
                Indian tribes;
                    ``(iv) improving coordination among Federal 
                departments and agencies to reduce juvenile offenses, 
                delinquency, and recidivism;
                    ``(v) the means by which traditional or cultural 
                tribal programs may serve or be developed as promising 
                or evidence-based programs; and
                    ``(vi) any other matters relating to improving 
                juvenile justice for Indian youth; and
            ``(B) not later than 1 year after the date of enactment of 
        this subparagraph, issue a tribal consultation policy for the 
        Office of Juvenile Justice and Delinquency Prevention to govern 
        the consultation to be conducted under subparagraph (A).''.
    (c) Coordinating Council on Juvenile Justice and Delinquency 
Prevention.--Section 206 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5616) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by inserting ``the Director of the 
                        Indian Health Service,'' after ``the Secretary 
                        of Health and Human Services,''; and
                            (ii) by striking ``Commissioner of 
                        Immigration and Naturalization'' and inserting 
                        ``Assistant Secretary for Immigration and 
                        Customs Enforcement, the Secretary of the 
                        Interior, the Assistant Secretary for Indian 
                        Affairs''; and
                    (B) in paragraph (2), by striking ``United States'' 
                and inserting ``Federal Government''; and
            (2) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) in the first sentence, by inserting ``, 
                        tribal,'' after ``State''; and
                            (ii) in the second sentence, by inserting 
                        ``tribal,'' before ``and local''; and
                    (B) in paragraph (2)(B), by inserting ``the 
                Chairperson and Vice Chairperson of the Committee on 
                Indian Affairs of the Senate,'' before ``and the 
                Chairman''.
    (d) Annual Report.--Section 207 of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5617) is amended--
            (1) in the matter preceding paragraph (1), by striking ``a 
        fiscal year'' and inserting ``each fiscal year'';
            (2) in paragraph (1)--
                    (A) in subparagraph (A), by inserting before the 
                semicolon at the end the following: ``, and whether the 
                offense occurred in Indian country (as defined in 
                section 1151 of title 18, United States Code)''; and
                    (B) in subparagraph (B), by striking ``and gender 
                of the juveniles'' and inserting ``, gender, and 
                ethnicity (as defined by the Bureau of the Census) of 
                the juveniles, and, for any Indian juvenile, the tribal 
                membership or affiliation of the Indian juvenile''; and
            (3) by adding at the end the following:
            ``(5) A description of--
                    ``(A) the amount of funding provided to Indian 
                tribes under this Act, or for a juvenile delinquency or 
                prevention program under the Tribal Law and Order Act 
                of 2010 (25 U.S.C. 2801 note; Public Law 111-211) or 
                the amendments made by that Act, including direct 
                Federal grants and funding provided to Indian tribes 
                through a State or unit of local government; and
                    ``(B) recommendations of the Council for improving 
                resource and service delivery to Indian tribal 
                communities.''.
    (e) State Plans.--Section 223(a) of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)) is amended--
            (1) in paragraph (3)(A)(ii)--
                    (A) in subclause (VII), by striking ``and'' at the 
                end;
                    (B) in subclause (VIII), by adding ``and'' at the 
                end; and
                    (C) by adding at the end the following:
                                    ``(IX) for States in which 1 or 
                                more Indian tribes are located, at 
                                least 1 Indian tribal representative 
                                with knowledge of services or issues 
                                relating to law enforcement, juvenile 
                                justice, behavioral health, youth, and 
                                social services in Indian tribal 
                                communities, as nominated by the 
                                applicable Indian tribes;'';
            (2) by striking paragraph (4) and inserting the following:
            ``(4) subject to the condition that nothing in the plan 
        requirements, or any regulations promulgated to carry out those 
        requirements, shall prohibit or impede the State from making 
        grants to, or entering into contracts with, local private 
        agencies or the advisory group, provide for--
                    ``(A) active consultation with, and participation 
                of, units of local government or combinations of those 
                units in the development of a State plan that 
                adequately takes into account the needs and requests of 
                units of local government; and
                    ``(B)(i) notice to an Indian tribe in any case in 
                which a juvenile member of that Indian tribe comes in 
                contact with the juvenile justice system of the State 
                or other unit of local government; and
                    ``(ii) intervention by, the provision of services 
                by, or coordination with, such an Indian tribe for any 
                Indian juvenile member of that Indian tribe in the 
                juvenile justice system of the State or other unit of 
                local government;'';
            (3) in paragraph (5)(C), by striking the comma at the end 
        and inserting a semicolon;
            (4) in paragraph (7)(A), by striking ``performs law 
        enforcement functions'' and inserting ``has jurisdiction, or in 
        Indian country (as defined in section 1151 of title 18, United 
        States Code)'';
            (5) in paragraph (8)--
                    (A) by striking ``existing'' and inserting 
                ``evidence-based and promising''; and
                    (B) by inserting ``Indian tribes,'' before 
                ``public'';
            (6) in paragraph (9)--
                    (A) in subparagraph (G), by inserting ``tribal,'' 
                after ``State,'' each place it appears;
                    (B) in subparagraph (L)(ii), by striking ``by the 
                provision'';
                    (C) in subparagraph (R), by striking ``and'' at the 
                end;
                    (D) in subparagraph (S), by striking the period at 
                the end and inserting ``; and''; and
                    (E) by adding at the end the following:
                    ``(T) tribal cultural or traditional programs 
                designed to reduce delinquency among Indian youth;'';
            (7) in paragraph (20), by inserting ``tribal,'' after 
        ``State,'' each place it appears; and
            (8) in paragraph (21)(B), by inserting ``, tribal,'' after 
        ``State''.
    (f) Authority To Make Grants.--Section 241(a) of the Juvenile 
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5651(a)) is 
amended--
            (1) in paragraph (4), by inserting ``tribal,'' after 
        ``State,'' each place it appears;
            (2) in paragraph (22), by striking ``between State 
        educational agencies and local educational agencies'' and 
        inserting ``among State educational agencies, local educational 
        agencies, and Bureau-funded schools (as defined in section 1141 
        of the Education Amendments of 1978 (25 U.S.C. 2021))'';
            (3) in paragraph (24), by striking ``and'' at the end;
            (4) by redesignating paragraph (25) as paragraph (26); and
            (5) by inserting after paragraph (24) the following:
            ``(25) tribal cultural or traditional programs designed to 
        reduce delinquency among Indian youth; and''.
    (g) Eligibility of Entities.--Section 245(a) of the Juvenile 
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5655(a)) is 
amended--
            (1) in the matter preceding paragraph (1), by inserting ``, 
        an Indian tribe, or a tribal organization'' after ``local 
        government''; and
            (2) in paragraph (1), by striking ``(25)'' and inserting 
        ``(26)''.
    (h) Research and Evaluation; Statistical Analyses; Information 
Dissemination.--Section 251 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5661) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)(B)--
                            (i) in clause (ix), by striking ``the 
                        State'' and inserting ``a State or tribal''; 
                        and
                            (ii) in clause (x)(I), by striking ``the 
                        States'' each place it appears and inserting 
                        ``States or Indian tribes''; and
                    (B) in paragraph (4)--
                            (i) in the matter preceding subparagraph 
                        (A), in the first sentence--
                                    (I) by striking ``the State child'' 
                                and inserting ``a State or tribal 
                                child''; and
                                    (II) by striking ``the State.'' and 
                                inserting ``a State or Indian tribe.''; 
                                and
                            (ii) in subparagraph (D), by striking 
                        ``State'' and inserting ``States and Indian 
                        tribes''; and
            (2) in subsection (e)(2), by inserting ``, tribal,'' after 
        ``State''.
    (i) Administrative Authority.--Section 299A(d) of the Juvenile 
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5672(d)) is 
amended by inserting ``, Indian tribes,'' after ``States''.
    (j) Grants for Delinquency Prevention Programs.--Section 504 of the 
Incentive Grants for Local Delinquency Prevention Programs Act of 2002 
(42 U.S.C. 5783) is amended--
            (1) in subsection (a), in the matter preceding paragraph 
        (1), by striking ``tribe'' and inserting ``tribes''; and
            (2) in subsection (d)(4), by striking ``2011 through 2015'' 
        and inserting ``2017 through 2021''.

SEC. 204. GAO REPORT ON JUSTICE FOR INDIAN JUVENILES.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study and make findings and recommendations with respect to--
            (1) the extent of Indian youth involvement in juvenile 
        justice systems, including--
                    (A) the number of Indian youth in Federal, State, 
                or tribal custody;
                    (B) the nature of supervision or detention for 
                offenses committed by Indian youth under the age of 18; 
                and
                    (C)(i) an assessment of the type of offenses with 
                which Indian youth are charged; and
                    (ii) the number of those charges that are substance 
                abuse-related;
            (2)(A) the facilities in which Indian youth offenders are 
        confined; and
            (B) a description of the oversight or supervision provided 
        by the applicable governmental authority;
            (3) the effectiveness of Federal, State, tribal, and local 
        efforts to prevent and treat juvenile delinquency among Indian 
        youth, including--
                    (A) the extent of intergovernmental cooperation; 
                and
                    (B) available mental health and substance abuse 
                assessments and services;
            (4)(A) existing programs, including traditional or cultural 
        youth programs, administered by Indian tribes; and
            (B) recommendations for how those programs may qualify, or 
        be developed to qualify, as promising or evidence-based 
        programs;
            (5) the barriers faced by Indian tribes in providing 
        adequate services to delinquent youth or youth at risk of 
        becoming delinquent; and
            (6) improving the effectiveness of prevention and treatment 
        services for Indian youth.
    (b) Report.--Not later than 18 months after the date of enactment 
of this Act, the Comptroller General shall submit to Congress a report 
describing the results of the study, findings, and recommendations 
under subsection (a).
                                 <all>