[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 210 Reported in Senate (RS)]

<DOC>





                                                        Calendar No. 77
116th CONGRESS
  1st Session
                                 S. 210

                          [Report No. 116-37]

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

                              May 6, 2019

               Reported by Mr. Hoeven, without amendment

_______________________________________________________________________

                                 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''.
                                                        Calendar No. 77

116th CONGRESS

  1st Session

                                 S. 210

                          [Report No. 116-37]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              May 6, 2019

                       Reported without amendment