[Congressional Record Volume 150, Number 103 (Thursday, July 22, 2004)]
[Senate]
[Pages S8712-S8714]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 2734. A bill to implement the recommendations of the Inspector 
General of the Department of the Interior regarding Indian Tribal 
detention facilities; to the Committee on Indian Affairs.
  Mr. CAMPBELL. Mr. President, I am pleased to introduce The Indian 
Tribal Detention Facility Reform Act of 2004 which proposes sweeping 
reforms to operation of tribal detention systems in American Indian 
communities.
  The bill will launch significant efforts to address the third world 
conditions plaguing this system, problems which were the subject of a 
series of articles in the USA Today and other national newspapers.
  On June 23, 2004, the Committee on Indian Affairs held a hearing on 
the operation and condition of these detention facilities and the 
testimony we received was very disturbing.
  At the hearing, the Inspector General of the Department of Interior 
reported that after reports from a variety of sources, including the 
U.S. Department of Justice, his office began an assessment of the 
physical condition of these facilities and how they are operated.
  The Inspector General also testified about numerous examples of 
inmate suicides, escapes, neglect, overcrowding and other inhumane 
conditions, staffing shortages, inmate access to weapons and poor 
prisoner supervision, all occurring in facilities operated by the 
Bureau of Indian Affairs or by Indian tribes, pursuant to contract.
  The Inspector General reported that the lack of prison monitoring 
sadly resulted in the death of a 16 year old Indian girl who was placed 
in a cell for underage drinking. She later died of alcohol poisoning 
and her family is now considering legal action charging negligence by 
the jail's managers.
  The tragic part of the story is that the death might have been 
prevented. But what is even more frightening is that deaths and 
attempted suicides are not isolated events at these facilities.
  This is but one example brought to the Committee's attention and in 
my mind these events and conditions are deplorable, inexcusable and 
have to end.
  The bill I am introducing today establishes clear lines of authority 
for detention services by directing the Secretary of Interior to create 
a separate branch of detention services. This separate branch will give 
the proper attention to issues surrounding detention facilities.
  In addition, the bill will require the creation of reporting 
protocols on serious incidents, particularly escapes, to proper law 
enforcement authorities. Because in some cases reporting may not be 
sufficient, the bill will also establish criteria for conducting 
preliminary inquiries into serious incidents to determine if there is a 
need for a full investigation.
  Finally, the bill requires that the Department of Interior conduct a 
full report on the conditions and needs of the detention facilities in 
Indian communities, including staffing shortages and training, and a 
plan for addressing the needs.
  I urge my colleagues to join me in supporting this important 
legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2734

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Indian Tribal Detention 
     Facility Reform Act of 2004''.

     SEC. 2. DEFINITIONS.

       Section 2 of the Indian Law Enforcement Reform Act (25 
     U.S.C. 2801) is amended to read as follows:

     ``SEC. 2. DEFINITIONS.

       ``In this Act:
       ``(1) Branch of criminal investigations.--The term `Branch 
     of Criminal Investigations' means the entity the Secretary is 
     required to establish within the Division of Law Enforcement 
     Services under section 3(d)(1).
       ``(2) Branch of detention services.--The term `Branch of 
     Detention Services' means the entity that the Secretary is 
     required to establish within the Division of Law Enforcement 
     Services under section 3(f)(1).
       ``(3) Bureau.--The term `Bureau' means the Bureau of Indian 
     Affairs of the Department of the Interior.
       ``(4) Complementary facility.--
       ``(A) In general.--The term `complementary facility' means 
     a facility for the provision of additional or necessary 
     services to detainees as a result of their being in custody.
       ``(B) Inclusion.--The term `complementary facility' 
     includes a detoxification center, protective custody cell, 
     shelter care facility, community treatment center, halfway 
     house, or any similar facility.
       ``(5) Detainee.--The term `detainee' means an individual 
     who is held in a detention facility for any period of time.
       ``(6) Detention facility.--The term `detention facility' 
     means a facility for holding of individuals for correctional, 
     intergovernmental, or other custodial purposes that is--
       ``(A) operated by the Bureau; or
       ``(B) operated by an Indian tribe under the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450 et 
     seq.).
       ``(7) Division of law enforcement services.--The term 
     `Division of Law Enforcement Services' means the entity 
     established within the Bureau under section 3(b).
       ``(8) Employee of the bureau.--The term `employee of the 
     Bureau' includes an officer of the Bureau.
       ``(9) Enforcement of a law.--The term `enforcement of a 
     law' includes the prevention, detection, and investigation of 
     an offense and the detention or confinement of an offender.
       ``(10) Indian country.--The term `Indian country' has the 
     meaning given the term in section 1151 of title 18, United 
     States Code.
       ``(11) Indian tribe.--The term `Indian tribe' has the 
     meaning given the term in section 201 of Public Law 90-284 
     (commonly known as the `Civil Rights Act of 1968') (25 U.S.C. 
     1301).
       ``(12) Offense.--The term `offense' means an offense 
     against the United States, including a violation of a Federal 
     regulation relating to part or all of Indian country.
       ``(13) Secretary.--The term `Secretary' means the Secretary 
     of the Interior.
       ``(14) Serious incident.--
       ``(A) In general.--The term `serious incident' means an 
     occurrence, event, activity, or other incident that results 
     in--
       ``(i) a risk of harm or actual harm to an individual or the 
     community; or
       ``(ii) serious damage to property.
       ``(B) Inclusion.--The term `serious incident' includes all 
     incidents relating to detainee deaths or injuries, suicides, 
     attempted suicides, escapes, and officer safety issues.''.

     SEC. 3. BRANCH OF DETENTION SERVICES.

       Section 3 of the Indian Law Enforcement Reform Act (25 
     U.S.C. 2802) is amended--
       (1) in subsection (d)(4), by striking ``Area'' each place 
     it appears and inserting ``Regional''; and
       (2) by adding at the end the following:
       ``(f) Branch of Detention Services.--
       ``(1) Establishment.--The Secretary shall establish within 
     the Division of Law Enforcement Services a separate Branch of 
     Detention Services.
       ``(2) Duties.--The Branch of Detention Services--
       ``(A) except as prohibited by other Federal law, shall be 
     responsible for the detention, confinement, and corrections 
     of offenders within Indian country;

[[Page S8713]]

       ``(B) shall not be primarily responsible for routine law 
     enforcement, criminal investigations, or police operations in 
     Indian country; and
       ``(C) under an interagency agreement between the Secretary 
     and Attorney General and subject to such guidelines as the 
     appropriate agencies or officials of the Department of 
     Justice may adopt, may be responsible for temporarily 
     detaining individuals for the purpose of Federal prosecution, 
     immigration, or transportation, or any other detention 
     purpose.
       ``(3) Regulations.--The Secretary shall promulgate 
     regulations establishing a procedure for active cooperation 
     and consultation of the detention services employees of the 
     Branch of Detention Services assigned to an Indian 
     reservation with the governmental, law enforcement, and 
     detention officials of the Indian tribes located on the 
     Indian reservation.
       ``(4) Personnel.--
       ``(A) Supervision and direction.--Personnel of the Branch 
     of Detention Services--
       ``(i) shall be subject only to the supervision and 
     direction of the law enforcement personnel or personnel of 
     the Branch of Detention Services or of the Division, as the 
     Secretary considers appropriate; and
       ``(ii) shall not be subject to the supervision of the 
     Bureau Agency Superintendent or Bureau Regional Director.
       ``(B) Effect of paragraph.--Nothing in this paragraph--
       ``(i) precludes cooperation, coordination, or consultation, 
     as appropriate, with non-law enforcement Bureau personnel at 
     the agency or regional level; or
       ``(ii) restricts the right of an Indian tribe to contract a 
     detention program under the authority of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450 et 
     seq.) or to maintain its own detention operations.
       ``(C) Reestablishment of authority.--
       ``(i) Request.--After the date that is 1 year after the 
     date of establishment of the Branch of Detention Services, 
     any Indian tribe may, by resolution of the governing body of 
     the Indian tribe, request the Secretary to reestablish 
     authority over detention of members of the Indian tribe 
     directly through the Agency Superintendent or Bureau Regional 
     Office Director rather than through the Branch of Detention 
     Services.
       ``(ii) Approval.--In the absence of good cause to the 
     contrary, the Secretary, on receipt of a resolution under 
     clause (i), shall reestablish the authority as requested by 
     the Indian tribe.''.

     SEC. 4. FUNDING.

       Section 9 of the Indian Law Enforcement Reform Act (25 
     U.S.C. 2808) is amended--
       (1) by striking the section heading and all that follows 
     through ``Any expenses'' and inserting the following:

     ``SEC. 9. FUNDING.

       ``(a) In General.--Any expenses''; and
       (2) by adding at the end the following:
       ``(b) Availability.--Funds made available to carry out this 
     Act shall remain available until expended.''.

     SEC. 5. DETENTION REFORM AND REVIEW.

       The Indian Law Enforcement Reform Act is amended by 
     inserting after section 10 (25 U.S.C. 2809) the following:

     ``SEC. 10A. DETENTION REFORM.

       ``(a) Findings.--Congress finds that--
       ``(1) there are 74 detention facilities in Indian country;
       ``(2) serious deficiencies in Indian country detention have 
     arisen, including--
       ``(A) poor facility conditions;
       ``(B) lack of staff training;
       ``(C) understaffing; and
       ``(D) lack of detention facility administration and other 
     operational standards, or failure to comply with any such 
     standards;
       ``(3) those deficiencies create a dangerous and potentially 
     life-threatening situation for detainees and detention 
     personnel;
       ``(4) the April 2004 interim report of the Inspector 
     General of the Department of the Interior found that deaths, 
     escapes, and assaults on correctional officers have occurred 
     at several detention facilities in Indian country as a result 
     of those deficiencies;
       ``(5) the Division of Law Enforcement Services has 
     responsibility for both law enforcement and detention 
     services, but no clear lines of authority for detention 
     services;
       ``(6) existing Federal law does not provide clear lines of 
     authority or standards for detention services in Indian 
     country; and
       ``(7) clear authority and standards are needed to assist 
     detention and law enforcement officials in--
       ``(A) meeting the principal goals of Indian country law 
     enforcement and detention;
       ``(B) protecting life and property; and
       ``(C) reducing crime and recidivism rates.
       ``(b) Reporting Protocols for Serious Incidents.--
       ``(1) In general.--Not later than 270 days after the date 
     of enactment of the Indian Tribal Detention Facility Reform 
     Act of 2004, the Bureau shall develop and implement protocols 
     to ensure that all serious incidents occurring at a detention 
     facility are reported promptly through an established chain 
     of command.
       ``(2) Reporting of escapes to law enforcement 
     authorities.--The protocols shall ensure that each incident 
     involving an escape of a detainee from a detention facility 
     is reported immediately to the appropriate Federal, State, 
     tribal, and local law enforcement authorities.
       ``(3) Preliminary inquiries into serious incidents.--
       ``(A) In general.--The Division of Law Enforcement Services 
     shall conduct a preliminary inquiry of any serious incident 
     to determine whether a full investigation is warranted.
       ``(B) Findings.--All findings made in conducting 
     preliminary inquiries under subparagraph (A) shall be 
     reported to the Division of Law Enforcement Services and the 
     Assistant Secretary of the Interior for Indian Affairs.
       ``(4) Detention facilities staffing review.--The Bureau 
     shall--
       ``(A) not later than 90 days after the date of enactment of 
     the Indian Tribal Detention Facility Reform Act of 2004, 
     conduct a review of the staffing needs at all detention 
     facilities; and
       ``(B) update that review annually.
       ``(c) Regulations.--Not later than 1 year after the date of 
     enactment of the Indian Tribal Detention Facility Reform Act 
     of 2004, the Secretary, after consultation with the Attorney 
     General, shall promulgate regulations to carry out 
     subsections (a) and (b).
       ``(d) Detention Facilities Review.--
       ``(1) In general.--
       ``(A) Consultation.--Not later than 1 year after the date 
     of enactment of the Indian Tribal Detention Facility Reform 
     Act of 2004, in consultation with Indian tribes to the extent 
     practicable, the Bureau shall complete an assessment of the 
     physical conditions and needs of all detention facilities.
       ``(B) Report.--Not later than 15 months after the date of 
     enactment of the Indian Tribal Detention Facility Reform Act 
     of 2004, the Bureau shall--
       ``(i) submit to the Committee on Indian Affairs and the 
     Committee on Appropriations of the Senate and the Committee 
     on Resources and the Committee on Appropriations of the House 
     of Representatives a report that describes the results of the 
     assessment under subparagraph (A); and
       ``(ii) make the report available to Indian tribal 
     governments.
       ``(2) Data and methodologies.--In preparing the report 
     under paragraph (1), the Bureau shall use--
       ``(A) the existing Department of Justice Federal Bureau of 
     Prisons formula for determining the condition and adequacy of 
     Department of Justice detention facilities, including 
     operational standards;
       ``(B) data relating to conditions at detention facilities 
     that have previously been compiled, collected, or secured 
     from any source derived, so long as the data are accurate, 
     relevant, timely, and necessary to preparation of the report; 
     and
       ``(C) the methodologies of the American Institute of 
     Architects or other accredited and reputable architecture or 
     engineering associations responsible for detention facility 
     construction.
       ``(3) Contents.--The report shall include--
       ``(A) a catalog of the condition of detention facilities 
     that--
       ``(i) identifies the existing detention and complementary 
     facilities and any detention and complementary facilities 
     that do not exist but are needed, taking into consideration--

       ``(I) the size of a detention facility or complementary 
     facility;
       ``(II) the number of detainees in a facility;
       ``(III) the age and condition of a facility;
       ``(IV) interjurisdictional detention needs;
       ``(V) staff needs; and
       ``(VI) prisoner isolation and transportation needs;

       ``(ii) establishes a routine maintenance schedule for each 
     facility;
       ``(iii) identifies staffing and operational needs of 
     existing and needed facilities; and
       ``(iv) provides specific cost estimates needed to repair, 
     renovate, lease or construct any new, existing or additional 
     detention facilities or complementary facilities;
       ``(B) a detailed plan to bring all detention facilities and 
     complementary facilities into compliance with applicable 
     standards that includes--
       ``(i) detailed information on the status of each facility's 
     compliance with the standards;
       ``(ii) specific cost estimates for meeting the standards at 
     each facility; and
       ``(iii) specific timelines for bringing each facility into 
     compliance with the standards;
       ``(C) an assessment of the feasibility of developing 
     regional detention facilities, taking into consideration the 
     factors identified in subparagraph (A)(i) and a comparison of 
     costs and benefits of regional facilities versus individual 
     tribal facilities; and
       ``(D) an assessment of the feasibility of tribal operation 
     of the facilities identified under subparagraphs (A)(i) and 
     (C) under the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450 et seq.), including--
       ``(i) any cost savings that would result from tribal rather 
     than Federal operation of the facilities; and
       ``(ii) a comparison of costs and benefits arising from 
     individual tribal operation versus contracting detention 
     services with State or local facilities.
       ``(4) Effect of subsection.--Nothing in this subsection 
     requires termination of the operations of any facility that 
     fails to comply with standards described in subparagraph (B).
       ``(5) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $500,000, to 
     remain available until expended.''.

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