[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 210 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 210
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
January 24, 2019
Mr. Hoeven 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 2019''.
(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. Authority to execute emergency orders.
Sec. 103. Detention services.
Sec. 104. Tribal law enforcement Officers.
Sec. 105. Oversight, coordination, and accountability.
Sec. 106. Integration and coordination of programs.
Sec. 107. Data sharing with Indian tribes.
Sec. 108. Judicial administration in Indian country.
Sec. 109. Federal notice.
Sec. 110. Detention facilities.
Sec. 111. Reauthorization for tribal courts training.
Sec. 112. Public defenders.
Sec. 113. Offenses in Indian country: trespass on Indian land.
Sec. 114. Resources for public safety in Indian communities; drug
trafficking prevention.
Sec. 115. Substance abuse prevention tribal action plans.
Sec. 116. Office of Justice Services spending report.
Sec. 117. Trafficking Victims Protection.
Sec. 118. Reporting on Indian victims of trafficking.
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) 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) Background Checks for Tribal Justice Officials.--
(1) In general.--The Office of Justice Services of the
Bureau of Indian Affairs shall develop standards and deadlines
for the provision of background checks to tribal law
enforcement and corrections officials.
(2) Timing.--
(A) Timing.--If a request for a background check is
made by an Indian tribe that has contracted or entered
into a compact for law enforcement or corrections
services with the Bureau of Indian Affairs pursuant to
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5304 et seq.), the Office of Justice
Services shall complete the check not later than 60
days after the date of receipt of a completed
background application package, containing all of the
documentation and information requested by the Office
of Justice Services.
(B) Extension.--The Office of Justice Services may
extend the 60-day period required under subparagraph
(A) for completion of a background request for not more
than an additional 30 days upon written notice to the
Indian tribe that states the reason for the extension.
(3) Establishment of program.--
(A) In general.--The Secretary of the Interior
(referred to in this paragraph as the ``Secretary'')
shall establish a demonstration program for the purpose
of conducting or adjudicating, in coordination with the
Director of the Bureau of Indian Affairs, personnel
background investigations for applicants for law
enforcement positions in the Bureau of Indian Affairs.
(B) Background investigations and security
clearance determinations.--
(i) BIA investigations.--As part of the
demonstration program established under this
paragraph, the Secretary, through the Office of
Justice Services, is authorized to carry out a
background investigation, security clearance
determination, or both a background
investigation and a security clearance
determination for an applicant for a law
enforcement position in the Bureau of Indian
Affairs.
(ii) Use of previous investigations and
determinations.--
(I) In general.--Subject to
subclause (II), as part of the
demonstration program established under
this paragraph, the Secretary, in
adjudicating background investigations
for applicants for law enforcement
positions in the Bureau of Indian
Affairs, shall consider previous
background investigations for an
applicant, security clearance
determinations for an applicant, or
both background investigations and
security clearance determinations for
an applicant, as the case may be, that
have been conducted by a State, local,
or Tribal Government, or by the Bureau
of Indian Affairs, within the 5-year
period preceding the application for
employment with the Bureau of Indian
Affairs.
(II) Quality.--The Secretary shall
only consider previous background
investigations and security clearance
determinations for an applicant that
have been conducted by a State, local,
or Tribal Government if the Secretary
can verify that those previous
investigations and determinations, as
the case may be, are of a comparable
quality and thoroughness to
investigations and determinations
carried out by the Bureau of Indian
Affairs, the Office of Personnel
Management, or another Federal agency.
(III) Additional investigation.--
If, as described in subclause (I), the
Secretary considers an existing
background investigation, security
clearance determination, or both, as
the case may be, for an applicant that
has been carried out by a State, local,
or Tribal Government, or by the Bureau
of Indian Affairs, the Secretary--
(aa) may carry out
additional investigation and
examination of the applicant if
the Secretary determines that
such additional information is
needed in order to make an
appropriate determination as to
the character and
trustworthiness of the
applicant before final
adjudication can be made and a
security clearance can be
issued; and
(bb) shall not initiate a
new background investigation
process with the National
Background Investigations
Bureau or other Federal agency
unless that new background
investigation process covers a
period of time that was not
covered by a previous
background investigation
process.
(IV) Agreements.--The Secretary may
enter into a Memorandum of Agreement
with a State, local, or Tribal
Government to develop steps to expedite
the process of receiving and obtaining
access to background investigation and
security clearance determinations for
use in the demonstration program.
(C) Sunset.--The demonstration program established
under this paragraph shall terminate 5 years after the
date of the commencement of the program.
(D) Sufficiency.--Notwithstanding any other
provision of law, a background investigation conducted
or adjudicated by the Secretary pursuant to the
demonstration program authorized under this paragraph
that results in the granting of a security clearance to
an applicant for a law enforcement position in the
Bureau of Indian Affairs shall be sufficient to meet
the applicable requirements of the Office of Personnel
Management or other Federal agency for such
investigations.
(E) Annual report.--The Secretary shall submit an
annual report to the Committee on Indian Affairs of the
Senate and the Committee on Natural Resources of the
House of Representatives on the demonstration program
established under this paragraph, which shall include a
description of--
(i) the demonstration program and any
relevant annual changes or updates to the
program;
(ii) the number of background
investigations carried out under the program;
(iii) the costs, including any cost
savings, associated with the investigation and
adjudication process under the program;
(iv) the processing times for the
investigation and adjudication processes under
the program;
(v) any Memoranda of Agreement entered into
with State, local, or Tribal Governments; and
(vi) any other information that the
Secretary determines to be relevant.
(F) GAO study and report.--
(i) Initial report.--Not later than 18
months after the beginning of the demonstration
program under this paragraph, the Comptroller
General of the United States shall prepare and
submit to Congress an initial report on such
demonstration program.
(ii) Final report.--Not later than 3 years
after the beginning of the demonstration
program under this paragraph, the Comptroller
General of the United States shall prepare and
submit to Congress a final report on such
demonstration program.
(iii) Tribal input.--In preparing the
reports under this subparagraph, the
Comptroller General shall prioritize input from
Indian Tribes regarding the demonstration
program under this paragraph.
(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 ``2020 through 2024''.
(e) Public Safety and Community Policing Grants.--Section 1701(j)
of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10381(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 ``2020 through 2024''.
SEC. 102. AUTHORITY TO EXECUTE EMERGENCY ORDERS.
Section 4 of the Indian Law Enforcement Reform Act (25 U.S.C. 2803)
is amended--
(1) in the matter preceding paragraph (1), by striking
``The Secretary'' and inserting:
``(a) The Secretary''; and
(2) by adding after subsection (a), the following:
``(b)(1) In addition to the activities described in subsection (a),
the Secretary may authorize employees of the Bureau with law
enforcement responsibilities to execute an emergency civil order of
detention (referred to in this section as an `EOD'), or take an
individual into protective custody for emergency mental health
purposes, and transport that individual to an appropriate mental health
facility, when--
``(A) requested to do so by a tribal court of competent
civil jurisdiction pursuant to an EOD (when that court has
determined the individual likely poses serious harm to himself
or herself or others, and to the extent that the individual can
be detained in a mental health treatment facility); or
``(B) in the absence of an EOD, an employee who is
authorized by State or tribal law to take an individual into
protective custody for emergency mental health purposes
reasonably believes that an individual is mentally ill,
alcohol-dependent, or drug-dependent to such a degree that
immediate emergency action is necessary due to the likelihood
of serious harm to that individual or others.
``(2) In carrying out this subsection, Bureau employees with law
enforcement responsibilities--
``(A) shall take or cause such individual to be taken into
custody and immediately transport that individual to the
nearest mental health facility, either within or outside of
Indian country, for an initial assessment or other appropriate
treatment; and
``(B) will be given the full coverage and protection of
chapter 171 of title 28, United States Code (commonly known as
the `Federal Tort Claims Act') and any other Federal tort
liability statute, both within and outside of Indian country.
``(3) Before implementing this subsection, the Office of Justice
Services of the Bureau of Indian Affairs and the United States Indian
Police Academy shall--
``(A) establish appropriate standards regarding experience,
mental health and disability education, and other relevant
qualifications for Bureau employees who are law enforcement
personnel implementing this subsection; and
``(B) provide training for such Bureau employees.
``(4) Not later than 180 days after the date of enactment of this
subsection, the Bureau shall enter into agreements with State and
tribal mental health officials that outline the process for carrying
out an EOD or taking an individual into protective custody in a case in
which Bureau law enforcement provides the primary law enforcement to a
tribe.
``(5) There is authorized to be appropriated $1,500,000 to the
Office of Justice Services of the Bureau of Indian Affairs to implement
this subsection, which shall remain available until expended.''.
SEC. 103. DETENTION SERVICES.
(a) Incarcerated Individuals.--In accordance with the Act of August
5, 1954 (42 U.S.C. 2001 et seq.) (commonly referred to as the
``Transfer Act''), the Indian Health Service shall be responsible for
the medical care and treatment of all Indians detained or incarcerated
in a Bureau of Indian Affairs or tribal detention or correctional
center. Care shall be provided to those individuals without regard to
the individual's normal domicile.
(b) Memorandum of Agreement.--The Bureau of Indian Affairs and the
Indian Health Service shall enter a memorandum of agreement to
implement this section. Such agreement shall include provisions
regarding appropriate training, treatment locations for detained or
incarcerated individuals, and other matters relating to medical care
and treatment under this section.
SEC. 104. TRIBAL LAW ENFORCEMENT OFFICERS.
The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et seq.) is
amended by inserting after section 4 the following:
``SEC. 4A. TRIBAL LAW ENFORCEMENT OFFICERS.
``(a) Notwithstanding any other provision of Federal law, law
enforcement officers of any Indian tribe that has contracted or
compacted any or all Federal law enforcement functions through the
Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301
et seq.) shall have the authority to enforce Federal law within the
area under the tribe's jurisdiction, if--
``(1) the tribal officers involved have--
``(A) completed training that is comparable to that
of an employee of the Office of Justice Services of the
Bureau of Indian Affairs who is providing the same
services in Indian country, as determined by the
Director of the Office of Justice Services of the
Bureau of Indian Affairs or the Director's designee;
``(B) passed an adjudicated background
investigation equivalent to that of an employee of the
Office of Justice Services of the Bureau of Indian
Affairs who is providing the same services in Indian
country; and
``(C) received a certification from the Office of
Justice Services of the Bureau of Indian Affairs, as
described in subsection (c); and
``(2) the tribe has adopted policies and procedures that
meet or exceed those of the Office of Justice Services of the
Bureau of Indian Affairs for the same program, service,
function, or activity.
``(b) While acting under the authority granted by the Secretary
through an Indian Self-Determination and Education Assistance Act (25
U.S.C. 5301 et seq.) contract or compact, a tribal law enforcement
officer shall be deemed to be a Federal law enforcement officer for the
purposes of--
``(1) sections 111 and 1114 of title 18, United States
Code;
``(2) consideration as an eligible officer under subchapter
III of chapter 81 of title 5, United States Code; and
``(3) chapter 171 of title 28, United States Code (commonly
known as the `Federal Tort Claims Act').
``(c)(1) Not later than 12 months after the date of enactment of
this section, the Secretary shall develop procedures for the
credentialing of tribal officers under this section, independent of
section 5, to provide confirmation that tribal officers meet minimum
certification standards and training requirements for Indian country
peace officers, as proscribed by the Secretary.
``(2) Tribal law enforcement officers who choose to attend a State
or other equivalent training program approved by the Director of the
Office of Justice Services of the Bureau of Indian Affairs, or the
Director's designee, rather than attend the Indian Police Academy,
shall be required to attend the IPA Bridge Program, or an equivalent
program, prior to receiving a certification under this subsection.''.
SEC. 105. OVERSIGHT, COORDINATION, AND ACCOUNTABILITY.
The Attorney General, acting through the Deputy Attorney General,
shall coordinate and provide oversight for all Department of Justice
activities, responsibilities, functions, and programs to ensure a
coordinated approach for public safety in Indian communities,
accountability, and compliance with Federal law, including--
(1) the timely submission of reports to Congress;
(2) robust training, as required under Federal law and as
needed or requested by Indian tribes or Federal and State
officials relating to--
(A) public safety in Indian communities; and
(B) training outcomes demonstrating a better
understanding of public safety approaches in Indian
communities;
(3) the updating and improvements to United States attorney
operational plans;
(4) comprehensive evaluation and analysis of data,
including approaches to collecting better data, relating to
public safety in Indian communities; and
(5) other duties or responsibilities as needed to improve
public safety in Indian communities.
SEC. 106. INTEGRATION AND COORDINATION OF PROGRAMS.
(a) In General.--
(1) Consultation.--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 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
designed to support Indian tribal communities, 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 processes for, and approaches for
addressing delays in, 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 that is designed to support Indian tribal
communities; and
(B) the regulations governing each program
described in subparagraph (A).
(3) Submission of plan.--Not later than 2 years 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);
(C) any legal or administrative barriers to the
implementation of the consolidated approach described
in paragraph (1)(A); and
(D) a method, approach, and timeline for
implementing the integration and consolidation
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 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 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, if any, 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 (except that the funding for the Bureau of Indian
Affairs shall not be reduced), 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, the
Secretary of Health and Human Services, and, as
appropriate, the Administrative Office of the United
States Courts shall enter into a Memorandum of
Agreement to develop, share, and implement effective
strategies, best practices, and resources, and transfer
funds (except that the funding for the Bureau of Indian
Affairs shall not be reduced), 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. 107. 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.--To the extent otherwise
permitted by law, 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 (34 U.S.C. 41107; 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 ability 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 (34 U.S.C. 10132(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 2019, and every 5 years thereafter, 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).''.
(e) Enhanced Ability of Tribal Governments To Use Federal Criminal
Information Databases.--The Attorney General is authorized to use any
balances remaining for the account under the heading ``violence against
women prevention and prosecution programs'' under the heading ``State
and Local Law Enforcement Activities Office on Violence Against Women''
of the Department of Justice from appropriations for full fiscal years
prior to the date of enactment of this Act for tracking violence
against Indian women, as authorized by section 905(b) of the Violence
Against Women and Department of Justice Reauthorization Act of 2005 (34
U.S.C. 20903), to enhance the ability of Tribal Government entities to
access, enter information into, and obtain information from, Federal
criminal information databases, as authorized by section 534 of title
28, United States Code. Some or all of such balances may be
transferred, at the discretion of the Attorney General, to the account
under the heading ``justice information sharing technology'' under the
heading ``General Administration'' of the Department of Justice for the
tribal access program for national crime information in furtherance of
the objectives described in the previous sentence.
SEC. 108. 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 2019'';
(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 2019, 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--
``(A) shall expire, with respect to any new
requests for confinement, on the date that is 9 years
after the date of enactment of the Tribal Law and Order
Reauthorization and Amendments Act of 2019; and
``(B) may be temporarily extended for offenders who
have been confined through the program under this
subsection before the expiration date described in
subparagraph (B) and whose underlying tribal conviction
has not yet expired, except in no case shall such
extension exceed the maximum period of time authorized
under tribal law, pursuant to section 202 of Public Law
90-284 (25 U.S.C. 1302) (commonly known as the `Indian
Civil Rights Act of 1968').''.
(b) Consultation for Juvenile Justice Reform.--Section 3 of the
Indian Law Enforcement Reform Act (25 U.S.C. 2802) is amended by adding
at the end the following:
``(g) 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. 109. 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 may provide to the appropriate tribal
justice official notice of the conviction and any other pertinent
information otherwise permitted by law.''.
SEC. 110. 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 108(b))
is amended by adding at the end the following:
``(h) 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 ``2020 through 2024''.
(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
``2020 through 2024''.
SEC. 111. 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 ``2020 through 2024''.
(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 ``2020 through 2024''.
(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
``2020 through 2024''.
SEC. 112. PUBLIC DEFENDERS.
The Indian Law Enforcement Reform Act is amended by inserting after
section 13 (25 U.S.C. 2810) the following:
``SEC. 13A. PUBLIC DEFENSE IN INDIAN COUNTRY.
``(a) In General.--Not later than one year after the date of
enactment of this Act, the Director of the Administrative Office of the
United States Courts shall collaborate and consult with Indian tribes,
including relevant tribal court personnel, regarding--
``(1) 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; and
``(2) 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.
``(b) Sense of Congress.--It is the sense of Congress that 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 criminal defense representation for defendants in Indian
country.''.
SEC. 113. OFFENSES IN INDIAN COUNTRY: TRESPASS ON INDIAN LAND.
(a) In General.--Section 1165 of title 18, United States Code, is
amended--
(1) in the section heading, by striking ``Hunting,
trapping, or fishing on Indian land'' and inserting ``Criminal
trespass'';
(2) by inserting ``(referred to in this section as `tribal
land')'' after ``for Indian use'';
(3) by striking ``Whoever'' and inserting the following:
``(a) Hunting, Trapping, or Fishing on Indian Land.--Whoever''; 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 the Indian country of the
Indian tribe because of a criminal conviction or civil
adjudication under the laws of the tribal government for a
victimless crime such as--
``(A) criminal street gang activity (as defined
under section 521 of this title); or
``(B) the sale and distribution of controlled
substances (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802)).
``(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 not more than $5,000, imprisoned for not more than 1
year, or both.
``(4) Requirements.--The violation described in paragraph
(2) applies only to an exclusion order--
``(A) for which--
``(i) the act occurs in the Indian country
of the Indian tribe;
``(ii) the court issuing the exclusion
order has jurisdiction over the parties and
matter under the law of the Indian tribe; and
``(iii) 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 reasonable notice and
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 the Indian country of the
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.
``(5) Tribal court jurisdiction.--For purposes of this
section, a court of an Indian tribe shall have full civil
jurisdiction to issue and enforce exclusion orders involving
any person, including the authority to enforce any orders
through civil contempt proceedings, to exclude violators from
the Indian country of the Indian tribe, or otherwise within the
authority of the Indian tribe.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 53 of title 18, United States Code, is amended by striking the
item relating to section 1165 and inserting the following:
``1165. Criminal trespass.''.
SEC. 114. 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
``2020 through 2024''.
(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. 115. 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 ``2020 through 2024''.
(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 ``2020 through 2024''.
SEC. 116. 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. 117. 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, 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. 118. 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, as
appropriate, served with grant funding; and
(2) as appropriate and in the aggregate, whether the
victims were members of an Indian tribe.
(b) Exceptions; Respecting Victim Privacy.--
(1) Rule of construction.--Nothing in this section shall be
construed to require an individual victim seeking services from
a grantee described in subsection (a) to report the
individual's Native American status or any other personally
identifiable information the individual wishes to remain
confidential.
(2) Prohibition on denial of service.--A grantee described
in subsection (a) may not deny services to a victim on the
basis that the victim declines to provide information on the
victim's Native American status or any other personally
identifiable information the victim wishes to remain
confidential.
(c) 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 ``2020 through 2024''.
(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 ``2020 through
2024''.
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 1 year after the date of
enactment of this section, the Secretary shall coordinate with the
Secretary of Health and Human Services, 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--
``(A) the offenses (including status offenses),
charges, disposition, and case outcomes for each Indian
youth;
``(B) whether the Indian youth was held in pre-
adjudication detention;
``(C) whether the Indian youth was removed from
home, and for which offenses;
``(D) whether the Indian youth was at any point
placed in secure confinement; and
``(E) an assessment of the degree to which the
notice of removal for status offenses was provided
under section 102(a) of the Act of November 8, 1978
(Public Law 95-608);
``(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;
``(F) the frequency, seriousness, and incidence of
drug use by Indian youth in schools and tribal
communities;
``(G) in consultation and coordination with Indian
tribes--
``(i) the structure and needs of tribal
juvenile justice systems;
``(ii) the characteristics and outcomes for
youth in tribal juvenile systems; and
``(iii) recommendations for improving
tribal juvenile justice systems; and
``(H) educational program offerings for
incarcerated Indian juveniles, the educational
attainment of incarcerated Indian juveniles, and
potential links to recidivism among previously
incarcerated Indian juveniles and delayed educational
opportunities while incarcerated.
``(b) Consultation Policy.--Not later than 1 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) Action.--Not later than 3 years after the date of enactment
of the Tribal Law and Order Reauthorization and Amendments Act of 2019,
the Administrator shall implement the improvements, processes, and
other activities under paragraphs (3), (4), (5), and (6) of subsection
(a).
``(d) Report.--Not later than 3 years after the date of enactment
of the Tribal Law and Order Reauthorization and Amendments Act of 2019,
the Administrator shall submit to the Committee on Indian Affairs of
the Senate and the Committee on Education and Labor 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), recommendations, if any, for
ensuring the implementation of paragraphs (3), (4), (5), and (6) of
subsection (a), 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 ``2020 through 2024''.
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