[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1953 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 1953

   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

                            October 5, 2017

 Mr. Hoeven (for himself, Mr. McCain, and Mr. Barrasso) 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 2017''.
    (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. Public defenders.
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.
Sec. 113. Office of Justice Services spending report.
              TITLE II--IMPROVING JUSTICE FOR INDIAN YOUTH

Sec. 201. Federal jurisdiction over Indian juveniles.
Sec. 202. Reauthorization of tribal youth programs.
Sec. 203. Assistance for Indian tribes relating to juvenile crime.
Sec. 204. Coordinating Council on Juvenile Justice and Delinquency 
                            Prevention.
Sec. 205. Grants for delinquency prevention programs.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Tribal Law and Order Act of 2010 (25 U.S.C. 2801 
        note; Public Law 111-211) 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, in 2014, 34 
        percent of the total Indian country criminal matters submitted 
        for prosecution were declined, a percentage that has not 
        decreased significantly since the date of enactment of the 
        Tribal Law and Order Act of 2010 (25 U.S.C. 2801 note; Public 
        Law 111-211) and has remained fairly steady;
            (4) drug and alcohol abuse is a key contributing factor to 
        violence and crime in Indian communities;
            (5) substance abuse prevention and treatment, including 
        detention-based treatment, are critical to reducing the rates 
        of recidivism in Indian communities;
            (6) 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;
            (7) 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;
            (8) many Bureau of Indian Affairs and tribal detention 
        facilities continue to operate in overcrowded conditions;
            (9) tribes continue to encounter barriers to accessing and 
        entering information into national crime information databases 
        for criminal and civil purposes and additional options are 
        needed to ensure Indian tribes can fully participate in the 2-
        way sharing of criminal justice information so that all tribal 
        justice and public safety agencies have access to the data 
        needed to keep their communities safe;
            (10) American Indian and Alaska Native juveniles are 
        overrepresented in Federal and State juvenile justice systems;
            (11) there is a lack of training (including trauma-informed 
        training and practices), collaboration, communication, and 
        cooperation among government agencies regarding juvenile 
        justice for Indian youth;
            (12) 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) may be placed in facilities located far away 
                from the communities and families of the tribal youth; 
                and
            (13) appropriate services for tribal youth in the Federal 
        and tribal justice systems are unavailable.

                     TITLE I--TRIBAL LAW AND ORDER

SEC. 101. BUREAU OF INDIAN AFFAIRS LAW ENFORCEMENT.

    (a) Spending Report.--Section 3(c) of the Indian Law Enforcement 
Reform Act (25 U.S.C. 2802(c)) is amended--
            (1) by striking paragraph (13);
            (2) by redesignating paragraphs (14) through (18) as 
        paragraphs (13) through (17), respectively; and
            (3) in subparagraph (C) of paragraph (15) (as 
        redesignated)--
                    (A) by inserting ``(for which any tribal 
                information may be summarized by State)'' after ``a 
                list''; and
                    (B) by striking ``and public safety and emergency 
                communications and technology needs'' and inserting 
                ``public safety and emergency communications and 
                technology needs, and other administrative and 
                supporting needs of program operations, including 
                information technology and other equipment, travel, and 
                training''.
    (b) 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 (15) or (16) 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 (15) or (16) of 
        subsection (c).''.
    (c) 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.''.
    (d) 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 ``2018 through 2022''.
    (e) 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 ``2018 through 2022''.

SEC. 102. INTEGRATION AND COORDINATION OF PROGRAMS.

    (a) In General.--
            (1) Consultation.--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--
                    (A) 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;
                    (B) the use of a single application and reporting 
                system for the consolidated approach described in 
                subparagraph (A);
                    (C) the application of chapter 75 of title 31, 
                United States Code (commonly known as the ``Single 
                Audit Act'') to the consolidated approach described in 
                subparagraph (A);
                    (D) the methodology for interagency transfer of 
                funds for the consolidated approach described in 
                subparagraph (A);
                    (E) the method for Federal oversight for the 
                consolidated approach described in subparagraph (A); 
                and
                    (F) any legal or administrative barriers to the 
                implementation of the consolidated approach described 
                in subparagraph (A).
            (2) Responsibilities.--As part of the consultation 
        described in paragraph (1), each applicable unit of the 
        Department of the Interior, the Department of Health and Human 
        Services, and the Department of Justice shall identify--
                    (A) each program under the jurisdiction of that 
                unit for which an Indian tribe may be eligible; and
                    (B) the regulations governing each program 
                described in subparagraph (A).
            (3) 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--
                    (A) the findings of the consultation described in 
                paragraph (1);
                    (B) the programs identified in accordance with 
                paragraph (2); and
                    (C) any legal or administrative barriers to the 
                implementation of the consolidated approach described 
                in paragraph (1)(A).
    (b) Program Evaluation.--Not later than 18 months after the date of 
enactment of this Act, the Attorney General shall conduct an evaluation 
of and submit to Committee on Indian Affairs of the Senate, the 
Committee on Natural Resources of the House of Representatives, the 
Committee on the Judiciary of the Senate, and the Committee on the 
Judiciary of the House of Representatives a report on--
            (1) law enforcement grants and other resources made 
        available to State, local, and tribal governments under current 
        requirements encouraging intergovernmental cooperation;
            (2) benefits of, barriers to, and the need for 
        intergovernmental cooperation between State, local, and tribal 
        governments; and
            (3) recommendations for incentivizing intergovernmental 
        cooperation, including any legislation or regulations needed to 
        achieve those incentives.
    (c) Interagency Coordination and Cooperation.--
            (1) Memorandum of agreement.--
                    (A) In general.--Not later than 18 months after the 
                date of enactment of this Act, the Attorney General, 
                acting through the Bureau of Prisons, the Secretary of 
                the Interior, acting through the Office of Justice 
                Services, Bureau of Indian Affairs, and the Secretary 
                of Health and Human Services shall enter into a 
                Memorandum of Agreement to cooperate, confer, transfer 
                funds, share resources and, as permitted by law, 
                information on matters relating to the detention of 
                Indian inmates, the reduction of recidivism (including 
                through substance abuse treatment and mental and health 
                care services), and the lease or loan of facilities, 
                technical assistance, training, and equipment.
                    (B) Strategies and best practices.--Not later than 
                2 years after the date of enactment of this Act, the 
                Attorney General, the Secretary of the Interior, and 
                the Secretary of Health and Human Services shall enter 
                into a Memorandum of Agreement to develop, share, and 
                implement effective strategies, best practices, and 
                resources, and transfer funds, to improve the re-entry 
                of Indian inmates into Indian communities after 
                incarceration.
            (2) Requirements.--Not later than 1 year after the date of 
        enactment of this Act, the Attorney General, the Secretary of 
        the Interior, and the Secretary of Health and Human Services 
        shall--
                    (A) consult with and solicit comments from entities 
                as described in section 4205(c) of the Indian Alcohol 
                and Substance Abuse Prevention and Treatment Act of 
                1986 (25 U.S.C. 2411(c)); and
                    (B) submit to the Committee on Indian Affairs of 
                the Senate, the Committee on Natural Resources of the 
                House of Representatives, the Committee on the 
                Judiciary of the Senate, and the Committee on the 
                Judiciary of the House of Representatives a report 
                regarding any legal or regulatory impediments to 
                carrying out subparagraphs (A) and (B) of paragraph 
                (1).
            (3) Report.--Not later than 4 years after the date of 
        enactment of this Act, the Attorney General, the Secretary of 
        the Interior, and the Secretary of Health and Human Services 
        shall submit to the Committee on Indian Affairs of the Senate, 
        the Committee on Natural Resources of the House of 
        Representatives, the Committee on the Judiciary of the Senate, 
        and the Committee on the Judiciary of the House of 
        Representatives a report regarding the implementation of the 
        Memoranda of Agreement under subparagraphs (A) and (B) of 
        paragraph (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) Tribal access program.--Out of any funds available 
        and not otherwise obligated, the Attorney General shall 
        establish and carry out a tribal access program to enhance the 
        ability of tribal governments to access, enter information 
        into, and obtain information from, Federal criminal information 
        databases as authorized under this section.
            ``(3) 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) Access to National Criminal Information Databases.--Section 
233(b) of the Tribal Law and Order Act of 2010 (28 U.S.C. 534 note; 
Public Law 111-211) is amended by striking paragraph (1) and inserting 
the following:
            ``(1) In general.--The Attorney General shall ensure that--
                    ``(A) tribal law enforcement officials that meet 
                applicable Federal or State requirements be permitted 
                access to national crime information databases;
                    ``(B) technical assistance and training to Bureau 
                of Indian Affairs and tribal law enforcement officials 
                is provided to gain access and input authority to use 
                the National Criminal Information Center and other 
                national crime information databases pursuant to 
                section 534 of title 28, United States Code; and
                    ``(C) the Federal Bureau of Investigation 
                coordinates with the Office of Justice Services, Bureau 
                of Indian Affairs, to ensure Indian tribal law 
                enforcement agencies are assigned appropriate 
                credentials or ORI numbers for uniform crime reporting 
                purposes.''.
    (c) 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'';
            (2) in paragraph (1)--
                    (A) in subparagraph (E), by striking ``and'' at the 
                end;
                    (B) in subparagraph (F), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(G) confer and cooperate with the Bureau of 
                Indian Affairs as needed to carry out the purposes of 
                this part, including by entering into cooperative 
                resource and data sharing agreements in conformity with 
                all laws and regulations applicable to the disclosure 
                and use of data.''; and
            (3) 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.''.
    (d) 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 2017, 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), 
                or to the reporting requirements under paragraph (1).
            ``(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 2017'';
            (2) by redesignating paragraph (6) as paragraph (7);
            (3) by inserting after paragraph (5) the following:
            ``(6) Consultation.--Not later than 1 year after the date 
        of enactment of the Tribal Law and Order Reauthorization and 
        Amendments Act of 2017, the Director of the Bureau of Prisons 
        and the Director of the Office of Justice Services of the 
        Bureau of Indian Affairs shall coordinate and consult with 
        Indian tribes to develop improvements in implementing the pilot 
        program, including intergovernmental communication, training, 
        processes, and other subject matters as appropriate.''; and
            (4) in paragraph (7) (as redesignated), 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 2017''.
    (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(b)) 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, the Administrator of the Office 
of Juvenile Justice and Delinquency Prevention, 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. 5304 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. 5304 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 ``2018 through 2022''.
    (d) Payments for Incarceration on Tribal Land.--Section 20109(a) of 
the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 
12109) is amended by striking ``2011 through 2015'' and inserting 
``2018 through 2022''.

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 ``2018 through 2022''.
    (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 ``2018 through 2022''.
            (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 
        ``2018 through 2022''.

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. PUBLIC DEFENDERS.

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

``SEC. 13A. 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 tribal liaisons 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) 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.
                    ``(B) 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.
            ``(2) Sense of congress.--It is the sense of Congress 
        that--
                    ``(A) in evaluating the performance of tribal 
                liaisons, and as part of the staffing formulas for 
                Federal 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 Director of the Administrative Office of 
                the United States Courts and the Attorney General 
                should work together to ensure that each district that 
                includes Indian country has sufficient resources to 
                provide adequate representation.''.

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--
                                    ``(I) criminal prosecution under 
                                Federal law; and
                                    ``(II) 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 
``2018 through 2022''.
    (c) Maintenance of Certain Indian Reservation Roads.--The 
Commissioner of U.S. Customs and Border Protection may transfer funds 
to the Director of the Bureau of Indian Affairs to maintain or repair 
roads under the jurisdiction of the Director, on the condition that the 
Commissioner and the Director mutually agree that the primary user of 
the subject road is U.S. Customs and Border Protection.

SEC. 112. SUBSTANCE ABUSE PREVENTION TRIBAL ACTION PLANS.

    (a) Inter-Departmental 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 ``2018 through 2022''.
    (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 ``2018 through 2022''.

SEC. 113. OFFICE OF JUSTICE SERVICES SPENDING REPORT.

    Section 3(c)(16)(C) of the Indian Law Enforcement Reform Act (25 
U.S.C. 2802(c)(16)(C)) is amended by inserting ``health care, 
behavioral health, and tele-health needs at tribal jails,'' after 
``court facilities,''.

SEC. 114. TRAFFICKING VICTIMS PROTECTION.

    Section 107(f)(3) of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7105(f)(3)) is amended by adding at the end the following:
                    ``(C) Report.--For each grant awarded under this 
                subsection and for each pilot program authorized or 
                implemented under this section, the Secretary of Health 
                and Human Services and the Attorney General, in 
                consultation with the Secretary of Labor, shall submit 
                to Congress a report that lists--
                            ``(i) the total number of entities that 
                        received a grant under this subsection that 
                        directly serve or are Indian tribal governments 
                        or tribal organizations; and
                            ``(ii) the total number of health care 
                        providers and other related providers that 
                        participated in training supported by the pilot 
                        program who are employees of the Indian Health 
                        Service.''.

SEC. 115. REPORTING ON INDIAN VICTIMS OF TRAFFICKING.

    (a) In General.--The Director of the Office on Violence Against 
Women, the Director of the Office for Victims of Crime, and the 
Administrator of the Office of Juvenile Justice and Delinquency 
Prevention shall each require each grantee to report--
            (1) the number of human trafficking victims served with 
        grant funding; and
            (2) as appropriate, whether the victims were members of an 
        Indian tribe.
    (b) Report.--Not later than January 1 of each year, the Attorney 
General shall submit to Congress a report on the data collected in 
accordance with subsection (a).

              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. 5130).'';
            (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 ``2018 through 2022''.
    (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 ``2018 through 
2022''.

SEC. 203. ASSISTANCE FOR INDIAN TRIBES RELATING TO JUVENILE CRIME.

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

``SEC. 18. ASSISTANCE FOR INDIAN TRIBES RELATING TO JUVENILE CRIME.

    ``(a) Activities.--Not later than one year after the date of 
enactment of this section, the Secretary shall coordinate with the 
Attorney General and the Administrator of the Office of Juvenile 
Justice and Delinquency Prevention within the Department of Justice 
(referred to in this section as the `Administrator')--
            ``(1) to assist Indian tribal governments in addressing 
        juvenile offenses and crime through technical assistance, 
        research, training, evaluation, and the dissemination of 
        information on effective, evidence-based, and promising 
        programs and practices for combating juvenile delinquency;
            ``(2) to conduct consultation, not less frequently than 
        biannually, with Indian tribes regarding--
                    ``(A) strengthening the government-to-government 
                relationship between the Federal Government and Indian 
                tribes relating to juvenile justice issues;
                    ``(B) improving juvenile delinquency programs, 
                services, and activities affecting Indian youth and 
                Indian tribes;
                    ``(C) improving coordination among Federal 
                departments and agencies to reduce juvenile offenses, 
                delinquency, and recidivism;
                    ``(D) the means by which traditional or cultural 
                tribal programs may serve or be developed as promising 
                or evidence-based programs;
                    ``(E) a process and means of submitting to the 
                Attorney General and the Secretary an analysis and 
                evaluation of the effectiveness of the programs and 
                activities carried out for juvenile justice systems in 
                which Indian youth are involved, including a survey of 
                tribal needs; and
                    ``(F) any other matters relating to improving 
                juvenile justice for Indian youth;
            ``(3) to develop a means for collecting data on the number 
        of offenses committed by Indian youth in Federal, State, and 
        tribal jurisdictions, including information regarding the 
        tribal affiliation or membership of the youth;
            ``(4) to develop a process for informing Indian tribal 
        governments when a juvenile member of that Indian tribe comes 
        in contact with the juvenile justice system of the Federal, 
        State or other unit of local government and for facilitating 
        intervention by, the provision of services by, or coordination 
        with, such Indian tribe for any Indian juvenile member of that 
        Indian tribe or other local Indian tribes;
            ``(5) to facilitate the incorporation of tribal cultural or 
        traditional practices designed to reduce delinquency among 
        Indian youth into Federal, State, or other unit of local 
        government juvenile justice systems or programs;
            ``(6) to develop or incorporate in existing programs 
        partnerships 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)); and
            ``(7) to conduct research and evaluate--
                    ``(A) the number of Indian juveniles who, prior to 
                placement in the juvenile justice system, were under 
                the care or custody of a State or tribal child welfare 
                system and the number of Indian juveniles who are 
                unable to return to their family after completing their 
                disposition in the juvenile justice system and who 
                remain wards of the State or Indian tribe;
                    ``(B) the extent to which State and tribal juvenile 
                justice systems and child welfare systems are 
                coordinating systems and treatment for the juveniles 
                referred to in subparagraph (A);
                    ``(C) the types of post-placement services used;
                    ``(D) the frequency of case plan reviews for 
                juveniles referred to in subparagraph (A) and the 
                extent to which these case plans identify and address 
                permanency and placement barriers and treatment plans;
                    ``(E) services, treatment, and aftercare placement 
                of Indian juveniles who were under the care of the 
                State or tribal child protection system before their 
                placement in the juvenile justice system; and
                    ``(F) the frequency, seriousness, and incidence of 
                drug use by Indian youth in schools and tribal 
                communities.
    ``(b) Consultation Policy.--Not later than one year after the date 
of enactment of this section, the Attorney General and the 
Administrator shall issue a tribal consultation policy for the Office 
of Juvenile Justice and Delinquency Prevention to govern the 
consultation by the Office to be conducted under subsection (a).
    ``(c) Report.--The Administrator shall submit to the Committee on 
Indian Affairs of the Senate and the Committee on Education and the 
Workforce of the House of Representatives a report that summarizes the 
results of the consultation activities described in subsection (a)(2) 
and consultation policy described in subsection (b) and any 
recommendations of the Coordinating Council on Juvenile Justice and 
Delinquency Prevention regarding improving resource and service 
delivery to Indian tribal communities.''.

SEC. 204. COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY 
              PREVENTION.

    Section 206 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (34 U.S.C. 11116) 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)(A), by striking ``United 
                States'' and inserting ``Federal Government''; and
            (2) in subsection (c)(1)--
                    (A) in the first sentence, by inserting ``, 
                tribal,'' after ``State''; and
                    (B) in the second sentence, by inserting 
                ``tribal,'' before ``and local''.

SEC. 205. GRANTS FOR DELINQUENCY PREVENTION PROGRAMS.

    Section 504 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (34 U.S.C. 11313) 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 ``2018 through 2022''.
                                 <all>