[Congressional Record Volume 156, Number 108 (Wednesday, July 21, 2010)]
[House]
[Pages H5852-H5868]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INDIAN ARTS AND CRAFTS AMENDMENTS ACT OF 2010
Mr. RAHALL. Mr. Speaker, I move to suspend the rules and concur in
the Senate amendment to the bill (H.R. 725) to protect Indian arts and
crafts through the improvement of applicable criminal proceedings, and
for other purposes.
The Clerk read the title of the bill.
The text of the Senate amendment is as follows:
Senate amendment:
At the end, add the following:
DIVISION B--TRIBAL LAW AND ORDER
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Tribal Law
and Order Act of 2010''.
(b) Table of Contents.--The table of contents of this
division is as follows:
DIVISION B--TRIBAL LAW AND ORDER
Sec. 1. Short title; table of contents.
Sec. 2. Findings; purposes.
Sec. 3. Definitions.
Sec. 4. Severability.
Sec. 5. Jurisdiction of the State of Alaska.
Sec. 6. Effect.
TITLE I--FEDERAL ACCOUNTABILITY AND COORDINATION
Sec. 101. Office of Justice Services responsibilities.
Sec. 102. Disposition reports.
Sec. 103. Prosecution of crimes in Indian country.
Sec. 104. Administration.
TITLE II--STATE ACCOUNTABILITY AND COORDINATION
Sec. 201. State criminal jurisdiction and resources.
Sec. 202. State, tribal, and local law enforcement cooperation.
TITLE III--EMPOWERING TRIBAL LAW ENFORCEMENT AGENCIES AND TRIBAL
GOVERNMENTS
Sec. 301. Tribal police officers.
Sec. 302. Drug enforcement in Indian country.
Sec. 303. Access to national criminal information databases.
Sec. 304. Tribal court sentencing authority.
Sec. 305. Indian Law and Order Commission.
Sec. 306. Exemption for tribal display materials.
TITLE IV--TRIBAL JUSTICE SYSTEMS
Sec. 401. Indian alcohol and substance abuse.
Sec. 402. Indian tribal justice; technical and legal assistance.
Sec. 403. Tribal resources grant program.
Sec. 404. Tribal jails program.
Sec. 405. Tribal probation office liaison program.
Sec. 406. Tribal youth program.
Sec. 407. Improving public safety presence in rural Alaska.
TITLE V--INDIAN COUNTRY CRIME DATA COLLECTION AND INFORMATION SHARING
Sec. 501. Tracking of crimes committed in Indian country.
Sec. 502. Criminal history record improvement program.
TITLE VI--DOMESTIC VIOLENCE AND SEXUAL ASSAULT PROSECUTION AND
PREVENTION
Sec. 601. Prisoner release and reentry.
Sec. 602. Domestic and sexual violence offense training.
Sec. 603. Testimony by Federal employees.
Sec. 604. Coordination of Federal agencies.
Sec. 605. Sexual assault protocol.
Sec. 606. Study of IHS sexual assault and domestic violence response
capabilities.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) the United States has distinct legal, treaty, and trust
obligations to provide for the public safety of Indian
country;
(2) Congress and the President have acknowledged that--
(A) tribal law enforcement officers are often the first
responders to crimes on Indian reservations; and
(B) tribal justice systems are often the most appropriate
institutions for maintaining law and order in Indian country;
(3) less than 3,000 tribal and Federal law enforcement
officers patrol more than 56,000,000 acres of Indian country,
which reflects less than \1/2\ of the law enforcement
presence in comparable rural communities nationwide;
(4) the complicated jurisdictional scheme that exists in
Indian country--
(A) has a significant negative impact on the ability to
provide public safety to Indian communities;
(B) has been increasingly exploited by criminals; and
(C) requires a high degree of commitment and cooperation
among tribal, Federal, and State law enforcement officials;
(5)(A) domestic and sexual violence against American Indian
and Alaska Native women has reached epidemic proportions;
(B) 34 percent of American Indian and Alaska Native women
will be raped in their lifetimes; and
(C) 39 percent of American Indian and Alaska Native women
will be subject to domestic violence;
(6) Indian tribes have faced significant increases in
instances of domestic violence, burglary, assault, and child
abuse as a direct result of increased methamphetamine use on
Indian reservations; and
(7) crime data is a fundamental tool of law enforcement,
but for decades the Bureau of Indian Affairs and the
Department of Justice have not been able to coordinate or
consistently report crime and prosecution rates in tribal
communities.
(b) Purposes.--The purposes of this division are--
(1) to clarify the responsibilities of Federal, State,
tribal, and local governments with respect to crimes
committed in Indian country;
(2) to increase coordination and communication among
Federal, State, tribal, and local law enforcement agencies;
(3) to empower tribal governments with the authority,
resources, and information necessary to safely and
effectively provide public safety in Indian country;
(4) to reduce the prevalence of violent crime in Indian
country and to combat sexual and domestic violence against
American Indian and Alaska Native women;
(5) to prevent drug trafficking and reduce rates of alcohol
and drug addiction in Indian country; and
(6) to increase and standardize the collection of criminal
data and the sharing of criminal history information among
Federal, State, and tribal officials responsible for
responding to and investigating crimes in Indian country.
SEC. 3. DEFINITIONS.
(a) In General.--In this division:
(1) Indian country.--The term ``Indian country'' has the
meaning given the term in section 1151 of title 18, United
States Code.
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Tribal government.--The term ``tribal government''
means the governing body of a federally recognized Indian
tribe.
(b) Indian Law Enforcement Reform Act.--Section 2 of the
Indian Law Enforcement Reform Act (25 U.S.C. 2801) is amended
by adding at the end the following:
[[Page H5853]]
``(10) The term `tribal justice official' means--
``(A) a tribal prosecutor;
``(B) a tribal law enforcement officer; or
``(C) any other person responsible for investigating or
prosecuting an alleged criminal offense in tribal court.''.
SEC. 4. SEVERABILITY.
If any provision of this division, an amendment made by
this division, or the application of such a provision or
amendment to any individual, entity, or circumstance, is
determined by a court of competent jurisdiction to be
invalid, the remaining provisions of this division, the
remaining amendments made by this division, and the
application of those provisions and amendments to
individuals, entities, or circumstances other than the
affected individual, entity, or circumstance shall not be
affected.
SEC. 5. JURISDICTION OF THE STATE OF ALASKA.
Nothing in this Act limits, alters, expands, or diminishes
the civil or criminal jurisdiction of the State of Alaska,
any subdivision of the State of Alaska, or any Indian tribe
in that State.
SEC. 6. EFFECT.
Nothing in this Act confers on an Indian tribe criminal
jurisdiction over non-Indians.
TITLE I--FEDERAL ACCOUNTABILITY AND COORDINATION
SEC. 101. OFFICE OF JUSTICE SERVICES RESPONSIBILITIES.
(a) Definitions.--Section 2 of the Indian Law Enforcement
Reform Act (25 U.S.C. 2801) is amended--
(1) by striking paragraph (8);
(2) by redesignating paragraphs (1) through (7) as
paragraphs (2) through (8), respectively;
(3) by redesignating paragraph (9) as paragraph (1) and
moving the paragraphs so as to appear in numerical order; and
(4) in paragraph (1) (as redesignated by paragraph (3)), by
striking ``Division of Law Enforcement Services'' and
inserting ``Office of Justice Services''.
(b) Additional Responsibilities of Office.--Section 3 of
the Indian Law Enforcement Reform Act (25 U.S.C. 2802) is
amended--
(1) in subsection (b), by striking ``(b) There is hereby
established within the Bureau a Division of Law Enforcement
Services which'' and inserting the following:
``(b) Office of Justice Services.--There is established in
the Bureau an office, to be known as the `Office of Justice
Services', that'';
(2) in subsection (c)--
(A) in the matter preceding paragraph (1), by striking
``Division of Law Enforcement Services'' and inserting
``Office of Justice Services'';
(B) in paragraph (8), by striking ``and'' at the end;
(C) in paragraph (9), by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(10) the development and provision of dispatch and
emergency and E-911 services;
``(11) communicating with tribal leaders, tribal community
and victims' advocates, tribal justice officials, indigent
defense representatives, and residents of Indian country on a
regular basis regarding public safety and justice concerns
facing tribal communities;
``(12) conducting meaningful and timely consultation with
tribal leaders and tribal justice officials in the
development of regulatory policies and other actions that
affect public safety and justice in Indian country;
``(13) providing technical assistance and training to
tribal law enforcement officials to gain access and input
authority to utilize the National Criminal Information Center
and other national crime information databases pursuant to
section 534 of title 28, United States Code;
``(14) in coordination with the Attorney General pursuant
to subsection (g) of section 302 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3732), collecting,
analyzing, and reporting data regarding Indian country crimes
on an annual basis;
``(15) on an annual basis, sharing with the Department of
Justice all relevant crime data, including Uniform Crime
Reports, that the Office of Justice Services prepares and
receives from tribal law enforcement agencies on a tribe-by-
tribe basis to ensure that individual tribal governments
providing data are eligible for programs offered by the
Department of Justice;
``(16) submitting to the appropriate committees of
Congress, for each fiscal year, a detailed spending report
regarding tribal public safety and justice programs that
includes--
``(A)(i) the number of full-time employees of the Bureau
and tribal governments who serve as--
``(I) criminal investigators;
``(II) uniform police;
``(III) police and emergency dispatchers;
``(IV) detention officers;
``(V) executive personnel, including special agents in
charge, and directors and deputies of various offices in the
Office of Justice Services; and
``(VI) tribal court judges, prosecutors, public defenders,
appointed defense counsel, or related staff; and
``(ii) the amount of appropriations obligated for each
category described in clause (i) for each fiscal year;
``(B) a list of amounts dedicated to law enforcement and
corrections, vehicles, related transportation costs,
equipment, inmate transportation costs, inmate transfer
costs, replacement, improvement, and repair of facilities,
personnel transfers, detailees and costs related to their
details, emergency events, public safety and justice
communications and technology costs, and tribal court
personnel, facilities, indigent defense, and related program
costs;
``(C) a list of the unmet staffing needs of law
enforcement, corrections, and court personnel (including
indigent defense and prosecution staff) at tribal and Bureau
of Indian Affairs justice agencies, the replacement and
repair needs of tribal and Bureau corrections facilities,
needs for tribal police and court facilities, and public
safety and emergency communications and technology needs; and
``(D) the formula, priority list or other methodology used
to determine the method of disbursement of funds for the
public safety and justice programs administered by the Office
of Justice Services;
``(17) submitting to the appropriate committees of
Congress, for each fiscal year, a report summarizing the
technical assistance, training, and other support provided to
tribal law enforcement and corrections agencies that operate
relevant programs pursuant to self-determination contracts or
self-governance compacts with the Secretary; and
``(18) promulgating regulations to carry out this Act, and
routinely reviewing and updating, as necessary, the
regulations contained in subchapter B of title 25, Code of
Federal Regulations (or successor regulations).'';
(3) in subsection (d)--
(A) in paragraph (1), by striking ``Division of Law
Enforcement Services'' and inserting ``Office of Justice
Services''; and
(B) in paragraph (4)(i), in the first sentence, by striking
``Division'' and inserting ``Office of Justice Services'';
(4) in subsection (e), by striking ``Division of Law
Enforcement Services'' each place it appears and inserting
``Office of Justice Services''; and
(5) by adding at the end the following:
``(f) Long-term Plan for Tribal Detention Programs.--Not
later than 1 year after the date of enactment of this
subsection, the Secretary, acting through the Bureau, in
coordination with the Department of Justice and in
consultation with tribal leaders, tribal courts, tribal law
enforcement officers, and tribal corrections officials, shall
submit to Congress a long-term plan to address incarceration
in Indian country, including--
``(1) a description of proposed activities for--
``(A) the construction, operation, and maintenance of
juvenile (in accordance with section 4220(a)(3) of the Indian
Alcohol and Substance Abuse Prevention and Treatment Act of
1986 (25 U.S.C. 2453(a)(3)) and adult detention facilities
(including regional facilities) in Indian country;
``(B) contracting with State and local detention centers,
upon approval of affected tribal governments; and
``(C) alternatives to incarceration, developed in
cooperation with tribal court systems;
``(2) an assessment and consideration of the construction
of Federal detention facilities in Indian country; and
``(3) any other alternatives as the Secretary, in
coordination with the Attorney General and in consultation
with Indian tribes, determines to be necessary.''.
(c) Law Enforcement Authority.--Section 4 of the Indian Law
Enforcement Reform Act (25 U.S.C. 2803) is amended--
(1) in paragraph (2)(A), by striking ``), or'' and
inserting ``or offenses processed by the Central Violations
Bureau); or''; and
(2) in paragraph (3)--
(A) in subparagraph (B), by striking ``, or'' at the end
and inserting a semicolon;
(B) in subparagraphs (B) and (C), by striking ``reasonable
grounds'' each place it appears and inserting ``probable
cause'';
(C) in subparagraph (C), by adding ``or'' at the end; and
(D) by adding at the end the following:
``(D)(i) the offense involves--
``(I) a misdemeanor controlled substance offense in
violation of--
``(aa) the Controlled Substances Act (21 U.S.C. 801 et
seq.);
``(bb) title IX of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (21 U.S.C. 862a et
seq.); or
``(cc) section 731 of the USA PATRIOT Improvement and
Reauthorization Act of 2005 (21 U.S.C. 865);
``(II) a misdemeanor firearms offense in violation of
chapter 44 of title 18, United States Code;
``(III) a misdemeanor assault in violation of chapter 7 of
title 18, United States Code; or
``(IV) a misdemeanor liquor trafficking offense in
violation of chapter 59 of title 18, United States Code; and
``(ii) the employee has probable cause to believe that the
individual to be arrested has committed, or is committing,
the crime;''.
SEC. 102. DISPOSITION REPORTS.
Section 10 of the Indian Law Enforcement Reform Act (25
U.S.C. 2809) is amended by striking subsections (a) through
(d) and inserting the following:
``(a) Coordination and Data Collection.--
``(1) Investigative coordination.--Subject to subsection
(c), if a law enforcement officer or employee of any Federal
department or agency terminates an investigation of an
alleged violation of Federal criminal law in Indian country
without referral for prosecution, the officer or employee
shall coordinate with the appropriate tribal law enforcement
officials regarding the status of the investigation and the
use of evidence relevant to the case in a tribal court with
authority over the crime alleged.
``(2) Investigation data.--The Federal Bureau of
Investigation shall compile, on an annual basis and by Field
Division, information regarding decisions not to refer to an
appropriate prosecuting authority cases in which
investigations had been opened into an alleged crime in
Indian country, including--
``(A) the types of crimes alleged;
``(B) the statuses of the accused as Indians or non-
Indians;
``(C) the statuses of the victims as Indians or non-
Indians; and
``(D) the reasons for deciding against referring the
investigation for prosecution.
``(3) Prosecutorial coordination.--Subject to subsection
(c), if a United States Attorney declines to prosecute, or
acts to terminate prosecution of, an alleged violation of
Federal criminal
[[Page H5854]]
law in Indian country, the United States Attorney shall
coordinate with the appropriate tribal justice officials
regarding the status of the investigation and the use of
evidence relevant to the case in a tribal court with
authority over the crime alleged.
``(4) Prosecution data.--The United States Attorney shall
submit to the Native American Issues Coordinator to compile,
on an annual basis and by Federal judicial district,
information regarding all declinations of alleged violations
of Federal criminal law that occurred in Indian country that
were referred for prosecution by law enforcement agencies,
including--
``(A) the types of crimes alleged;
``(B) the statuses of the accused as Indians or non-
Indians;
``(C) the statuses of the victims as Indians or non-
Indians; and
``(D) the reasons for deciding to decline or terminate the
prosecutions.
``(b) Annual Reports.--The Attorney General shall submit to
Congress annual reports containing, with respect to the
applicable calendar year, the information compiled under
paragraphs (2) and (4) of subsection (a)--
``(1) organized--
``(A) in the aggregate; and
``(B)(i) for the Federal Bureau of Investigation, by Field
Division; and
``(ii) for United States Attorneys, by Federal judicial
district; and
``(2) including any relevant explanatory statements.
``(c) Effect of Section.--
``(1) In general.--Nothing in this section requires any
Federal agency or official to transfer or disclose any
confidential, privileged, or statutorily protected
communication, information, or source to an official of any
Indian tribe.
``(2) Federal rules of criminal procedure.--Nothing in this
section affects or limits the requirements of Rule 6 of the
Federal Rules of Criminal Procedure.
``(3) Regulations.--The Attorney General shall establish,
by regulation, standards for the protection of the
confidential or privileged communications, information, and
sources described in this section.''.
SEC. 103. PROSECUTION OF CRIMES IN INDIAN COUNTRY.
(a) Appointment of Special Prosecutors.--
(1) In general.--Section 543 of title 28, United States
Code, is amended--
(A) in subsection (a), by inserting before the period at
the end the following: ``, including the appointment of
qualified tribal prosecutors and other qualified attorneys to
assist in prosecuting Federal offenses committed in Indian
country''; and
(B) by adding at the end the following:
``(c) Indian Country.--In this section, the term `Indian
country' has the meaning given that term in section 1151 of
title 18.''.
(2) Sense of congress regarding consultation.--It is the
sense of Congress that, in appointing attorneys under section
543 of title 28, United States Code, to serve as special
prosecutors in Indian country, the Attorney General should
consult with tribal justice officials of each Indian tribe
that would be affected by the appointment.
(b) Tribal Liaisons.--
(1) In general.--The Indian Law Enforcement Reform Act (25
U.S.C. 2801 et seq.) is amended by adding at the end the
following:
``SEC. 13. ASSISTANT UNITED STATES ATTORNEY TRIBAL LIAISONS.
``(a) Appointment.--The United States Attorney for each
district that includes Indian country shall appoint not less
than 1 assistant United States Attorney to serve as a tribal
liaison for the district.
``(b) Duties.--The duties of a tribal liaison shall include
the following:
``(1) Coordinating the prosecution of Federal crimes that
occur in Indian country.
``(2) Developing multidisciplinary teams to combat child
abuse and domestic and sexual violence offenses against
Indians.
``(3) Consulting and coordinating with tribal justice
officials and victims' advocates to address any backlog in
the prosecution of major crimes in Indian country in the
district.
``(4) Developing working relationships and maintaining
communication with tribal leaders, tribal community and
victims' advocates, and tribal justice officials to gather
information from, and share appropriate information with,
tribal justice officials.
``(5) Coordinating with tribal prosecutors in cases in
which a tribal government has concurrent jurisdiction over an
alleged crime, in advance of the expiration of any applicable
statute of limitation.
``(6) Providing technical assistance and training regarding
evidence gathering techniques and strategies to address
victim and witness protection to tribal justice officials and
other individuals and entities that are instrumental to
responding to Indian country crimes.
``(7) Conducting training sessions and seminars to certify
special law enforcement commissions to tribal justice
officials and other individuals and entities responsible for
responding to Indian country crimes.
``(8) Coordinating with the Office of Tribal Justice, as
necessary.
``(9) Conducting such other activities to address and
prevent violent crime in Indian country as the applicable
United States Attorney determines to be appropriate.
``(c) Effect of Section.--Nothing in this section limits
the authority of any United States Attorney to determine the
duties of a tribal liaison officer to meet the needs of the
Indian tribes located within the relevant Federal district.
``(d) Enhanced Prosecution of Minor Crimes.--
``(1) In general.--Each United States Attorney serving a
district that includes Indian country is authorized and
encouraged--
``(A) to appoint Special Assistant United States Attorneys
pursuant to section 543(a) of title 28, United States Code,
to prosecute crimes in Indian country as necessary to improve
the administration of justice, and particularly when--
``(i) the crime rate exceeds the national average crime
rate; or
``(ii) the rate at which criminal offenses are declined to
be prosecuted exceeds the national average declination rate;
``(B) to coordinate with applicable United States district
courts regarding scheduling of Indian country matters and
holding trials or other proceedings in Indian country, as
appropriate;
``(C) to provide to appointed Special Assistant United
States Attorneys appropriate training, supervision, and staff
support; and
``(D) to provide technical and other assistance to tribal
governments and tribal court systems to ensure that the goals
of this subsection are achieved.
``(2) Sense of congress regarding consultation.--It is the
sense of Congress that, in appointing Special Assistant
United States Attorneys under this subsection, a United
States Attorney should consult with tribal justice officials
of each Indian tribe that would be affected by the
appointment.''.
(2) Sense of congress regarding evaluations of tribal
liaisons.--
(A) Findings.--Congress finds that--
(i) many residents of Indian country rely solely on United
States Attorneys offices to prosecute felony and misdemeanor
crimes occurring on Indian land; and
(ii) tribal liaisons have dual obligations of--
(I) coordinating prosecutions of Indian country crime; and
(II) developing relationships with residents of Indian
country and serving as a link between Indian country
residents and the Federal justice process.
(B) Sense of congress.--It is the sense of Congress that
the Attorney General should--
(i) take all appropriate actions to encourage the
aggressive prosecution of all Federal crimes committed in
Indian country; and
(ii) when appropriate, take into consideration the dual
responsibilities of tribal liaisons described in subparagraph
(A)(ii) in evaluating the performance of the tribal liaisons.
SEC. 104. ADMINISTRATION.
(a) Office of Tribal Justice.--
(1) Definitions.--Section 4 of the Indian Tribal Justice
Technical and Legal Assistance Act of 2000 (25 U.S.C. 3653)
is amended--
(A) by redesignating paragraphs (2) through (7) as
paragraphs (3) through (8), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) Director.--The term `Director' means the Director of
the Office of Tribal Justice.''.
(2) Status.--Title I of the Indian Tribal Justice Technical
and Legal Assistance Act of 2000 is amended--
(A) by redesignating section 106 (25 U.S.C. 3666) as
section 107; and
(B) by inserting after section 105 (25 U.S.C. 3665) the
following:
``SEC. 106. OFFICE OF TRIBAL JUSTICE.
``(a) In General.--Not later than 90 days after the date of
enactment of the Tribal Law and Order Act of 2010, the
Attorney General shall establish the Office of Tribal Justice
as a component of the Department.
``(b) Personnel and Funding.--The Attorney General shall
provide to the Office of Tribal Justice such personnel and
funds as are necessary to establish the Office of Tribal
Justice as a component of the Department under subsection
(a).
``(c) Duties.--The Office of Tribal Justice shall--
``(1) serve as the program and legal policy advisor to the
Attorney General with respect to the treaty and trust
relationship between the United States and Indian tribes;
``(2) serve as the point of contact for federally
recognized tribal governments and tribal organizations with
respect to questions and comments regarding policies and
programs of the Department and issues relating to public
safety and justice in Indian country; and
``(3) coordinate with other bureaus, agencies, offices, and
divisions within the Department of Justice to ensure that
each component has an accountable process to ensure
meaningful and timely consultation with tribal leaders in the
development of regulatory policies and other actions that
affect--
``(A) the trust responsibility of the United States to
Indian tribes;
``(B) any tribal treaty provision;
``(C) the status of Indian tribes as sovereign governments;
or
``(D) any other tribal interest.''.
(b) Native American Issues Coordinator.--The Indian Law
Enforcement Reform Act (25 U.S.C. 2801 et seq.) (as amended
by section 103(b)) is amended by adding at the end the
following:
``SEC. 14. NATIVE AMERICAN ISSUES COORDINATOR.
``(a) Establishment.--There is established in the Executive
Office for United States Attorneys of the Department of
Justice a position to be known as the `Native American Issues
Coordinator'.
``(b) Duties.--The Native American Issues Coordinator
shall--
``(1) coordinate with the United States Attorneys that have
authority to prosecute crimes in Indian country;
``(2) coordinate prosecutions of crimes of national
significance in Indian country, as determined by the Attorney
General;
``(3) coordinate as necessary with other components of the
Department of Justice and any
[[Page H5855]]
relevant advisory groups to the Attorney General or the
Deputy Attorney General; and
``(4) carry out such other duties as the Attorney General
may prescribe.''.
TITLE II--STATE ACCOUNTABILITY AND COORDINATION
SEC. 201. STATE CRIMINAL JURISDICTION AND RESOURCES.
(a) Concurrent Authority of United States.--Section 401(a)
of the Indian Civil Rights Act of 1968 (25 U.S.C. 1321(a)) is
amended--
(1) by striking the section designation and heading and all
that follows through ``The consent of the United States'' and
inserting the following:
``SEC. 401. ASSUMPTION BY STATE OF CRIMINAL JURISDICTION.
``(a) Consent of United States.--
``(1) In general.--The consent of the United States''; and
(2) by adding at the end the following:
``(2) Concurrent jurisdiction.--At the request of an Indian
tribe, and after consultation with and consent by the
Attorney General, the United States shall accept concurrent
jurisdiction to prosecute violations of sections 1152 and
1153 of title 18, United States Code, within the Indian
country of the Indian tribe.''.
(b) Applicable Law.--Section 1162 of title 18, United
States Code, is amended by adding at the end the following:
``(d) Notwithstanding subsection (c), at the request of an
Indian tribe, and after consultation with and consent by the
Attorney General--
``(1) sections 1152 and 1153 shall apply in the areas of
the Indian country of the Indian tribe; and
``(2) jurisdiction over those areas shall be concurrent
among the Federal Government, State governments, and, where
applicable, tribal governments.''.
SEC. 202. STATE, TRIBAL, AND LOCAL LAW ENFORCEMENT
COOPERATION.
The Attorney General may provide technical and other
assistance to State, tribal, and local governments that enter
into cooperative agreements, including agreements relating to
mutual aid, hot pursuit of suspects, and cross-deputization
for the purposes of--
(1) improving law enforcement effectiveness;
(2) reducing crime in Indian country and nearby
communities; and
(3) developing successful cooperative relationships that
effectively combat crime in Indian country and nearby
communities.
TITLE III--EMPOWERING TRIBAL LAW ENFORCEMENT AGENCIES AND TRIBAL
GOVERNMENTS
SEC. 301. TRIBAL POLICE OFFICERS.
(a) Flexibility in Training Law Enforcement Officers
Serving Indian Country.--Section 3(e) of the Indian Law
Enforcement Reform Act (25 U.S.C. 2802(e)) (as amended by
section 101(b)(4)) is amended--
(1) in paragraph (1)--
(A) by striking ``(e)(1) The Secretary'' and inserting the
following:
``(e) Standards of Education and Experience and
Classification of Positions.--
``(1) Standards of education and experience.--
``(A) In general.--The Secretary''; and
(B) by adding at the end the following:
``(B) Requirements for training.--The training standards
established under subparagraph (A)--
``(i) shall be consistent with standards accepted by the
Federal Law Enforcement Training Accreditation commission for
law enforcement officers attending similar programs; and
``(ii) shall include, or be supplemented by, instruction
regarding Federal sources of authority and jurisdiction,
Federal crimes, Federal rules of criminal procedure, and
constitutional law to bridge the gap between State training
and Federal requirements.
``(C) Training at state, tribal, and local academies.--Law
enforcement personnel of the Office of Justice Services or an
Indian tribe may satisfy the training standards established
under subparagraph (A) through training at a State or tribal
police academy, a State, regional, local, or tribal college
or university, or other training academy (including any
program at a State, regional, local, or tribal college or
university) that meets the appropriate Peace Officer
Standards of Training.
``(D) Maximum age requirement.--Pursuant to section 3307(e)
of title 5, United States Code, the Secretary may employ as a
law enforcement officer under section 4 any individual under
the age of 47, if the individual meets all other applicable
hiring requirements for the applicable law enforcement
position.'';
(2) in paragraph (3), by striking ``Agencies'' and
inserting ``agencies''; and
(3) by adding at the end the following:
``(4) Background checks for tribal justice officials.--
``(A) In general.--The Office of Justice Services shall
develop standards and deadlines for the provision of
background checks to tribal law enforcement and corrections
officials.
``(B) 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. 450 et
seq.), the Office of Justice Services shall complete the
check not later than 60 days after the date of receipt of the
request, unless an adequate reason for failure to respond by
that date is provided to the Indian tribe in writing.''.
(b) Special Law Enforcement Commissions.--Section 5 of the
Indian Law Enforcement Reform Act (25 U.S.C. 2804) is
amended--
(1) by striking ``(a) The Secretary may enter into an
agreement'' and inserting the following:
``(a) Agreements.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Tribal Law and Order Act of 2010, the
Secretary shall establish procedures to enter into memoranda
of agreement'';
(2) in the second sentence, by striking ``The Secretary''
and inserting the following:
``(2) Certain activities.--The Secretary''; and
(3) by adding at the end the following:
``(3) Program enhancement.--
``(A) Training sessions in indian country.--
``(i) In general.--The procedures described in paragraph
(1) shall include the development of a plan to enhance the
certification and provision of special law enforcement
commissions to tribal law enforcement officials, and, subject
to subsection (d), State and local law enforcement officials,
pursuant to this section.
``(ii) Inclusions.--The plan under clause (i) shall include
the hosting of regional training sessions in Indian country,
not less frequently than biannually, to educate and certify
candidates for the special law enforcement commissions.
``(B) Memoranda of agreement.--
``(i) In general.--Not later than 180 days after the date
of enactment of the Tribal Law and Order Act of 2010, the
Secretary, in consultation with Indian tribes and tribal law
enforcement agencies, shall develop minimum requirements to
be included in special law enforcement commission agreements
pursuant to this section.
``(ii) Substance of agreements.--Each agreement entered
into pursuant to this section shall reflect the status of the
applicable certified individual as a Federal law enforcement
officer under subsection (f), acting within the scope of the
duties described in section 3(c).
``(iii) Agreement.--Not later than 60 days after the date
on which the Secretary determines that all applicable
requirements under clause (i) are met, the Secretary shall
offer to enter into a special law enforcement commission
agreement with the Indian tribe.''.
(c) Indian Law Enforcement Foundation.--The Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.) is amended by adding at the end the following:
``TITLE VII--INDIAN LAW ENFORCEMENT FOUNDATION
``SEC. 701. DEFINITIONS.
``In this title:
``(1) Board.--The term `Board' means the Board of Directors
of the Foundation.
``(2) Bureau.--The term `Bureau' means the Office of
Justice Services of the Bureau of Indian Affairs.
``(3) Committee.--The term `Committee' means the Committee
for the Establishment of the Indian Law Enforcement
Foundation established under section 702(e)(1).
``(4) Foundation.--The term `Foundation' means the Indian
Law Enforcement Foundation established under section 702.
``(5) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``SEC. 702. INDIAN LAW ENFORCEMENT FOUNDATION.
``(a) Establishment.--
``(1) In general.--As soon as practicable after the date of
enactment of this title, the Secretary shall establish, under
the laws of the District of Columbia and in accordance with
this title, a foundation, to be known as the `Indian Law
Enforcement Foundation'.
``(2) Funding determinations.--No funds, gift, property, or
other item of value (including any interest accrued on such
an item) acquired by the Foundation shall--
``(A) be taken into consideration for purposes of
determining Federal appropriations relating to the provision
of public safety or justice services to Indians; or
``(B) otherwise limit, diminish, or affect the Federal
responsibility for the provision of public safety or justice
services to Indians.
``(b) Nature of Corporation.--The Foundation--
``(1) shall be a charitable and nonprofit federally
chartered corporation; and
``(2) shall not be an agency or instrumentality of the
United States.
``(c) Place of Incorporation and Domicile.--The Foundation
shall be incorporated and domiciled in the District of
Columbia.
``(d) Duties.--The Foundation shall--
``(1) encourage, accept, and administer, in accordance with
the terms of each donation, private gifts of real and
personal property, and any income from or interest in such
gifts, for the benefit of, or in support of, public safety
and justice services in American Indian and Alaska Native
communities; and
``(2) assist the Office of Justice Services of the Bureau
of Indian Affairs and Indian tribal governments in funding
and conducting activities and providing education to advance
and support the provision of public safety and justice
services in American Indian and Alaska Native communities.
``(e) Committee for the Establishment of the Indian Law
Enforcement Foundation.--
``(1) In general.--The Secretary shall establish a
committee, to be known as the `Committee for the
Establishment of the Indian Law Enforcement Foundation', to
assist the Secretary in establishing the Foundation.
``(2) Duties.--Not later than 180 days after the date of
enactment of this section, the Committee shall--
``(A) carry out such activities as are necessary to
incorporate the Foundation under the laws of the District of
Columbia, including acting as incorporators of the
Foundation;
``(B) ensure that the Foundation qualifies for and
maintains the status required to carry out this section,
until the date on which the Board is established;
[[Page H5856]]
``(C) establish the constitution and initial bylaws of the
Foundation;
``(D) provide for the initial operation of the Foundation,
including providing for temporary or interim quarters,
equipment, and staff; and
``(E) appoint the initial members of the Board in
accordance with the constitution and initial bylaws of the
Foundation.
``(f) Board of Directors.--
``(1) In general.--The Board of Directors shall be the
governing body of the Foundation.
``(2) Powers.--The Board may exercise, or provide for the
exercise of, the powers of the Foundation.
``(3) Selection.--
``(A) In general.--Subject to subparagraph (B), the number
of members of the Board, the manner of selection of the
members (including the filling of vacancies), and the terms
of office of the members shall be as provided in the
constitution and bylaws of the Foundation.
``(B) Requirements.--
``(i) Number of members.--The Board shall be composed of
not less than 7 members.
``(ii) Initial voting members.--The initial voting members
of the Board--
``(I) shall be appointed by the Committee not later than
180 days after the date on which the Foundation is
established; and
``(II) shall serve for staggered terms.
``(iii) Qualification.--The members of the Board shall be
United States citizens with knowledge or experience regarding
public safety and justice in Indian and Alaska Native
communities.
``(C) Compensation.--A member of the Board shall not
receive compensation for service as a member, but shall be
reimbursed for actual and necessary travel and subsistence
expenses incurred in the performance of the duties of the
Foundation.
``(g) Officers.--
``(1) In general.--The officers of the Foundation shall
be--
``(A) a Secretary, elected from among the members of the
Board; and
``(B) any other officers provided for in the constitution
and bylaws of the Foundation.
``(2) Chief operating officer.--
``(A) Secretary.--Subject to subparagraph (B), the
Secretary of the Foundation may serve, at the direction of
the Board, as the chief operating officer of the Foundation.
``(B) Appointment.--The Board may appoint a chief operating
officer in lieu of the Secretary of the Foundation under
subparagraph (A), who shall serve at the direction of the
Board.
``(3) Election.--The manner of election, term of office,
and duties of the officers of the Foundation shall be as
provided in the constitution and bylaws of the Foundation.
``(h) Powers.--The Foundation--
``(1) shall adopt a constitution and bylaws for the
management of the property of the Foundation and the
regulation of the affairs of the Foundation;
``(2) may adopt and alter a corporate seal;
``(3) may enter into contracts;
``(4) may acquire (through gift or otherwise), own, lease,
encumber, and transfer real or personal property as necessary
or convenient to carry out the purposes of the Foundation;
``(5) may sue and be sued; and
``(6) may perform any other act necessary and proper to
carry out the purposes of the Foundation.
``(i) Principal Office.--
``(1) In general.--The principal office of the Foundation
shall be located in the District of Columbia.
``(2) Activities; offices.--The activities of the
Foundation may be conducted, and offices may be maintained,
throughout the United States in accordance with the
constitution and bylaws of the Foundation.
``(j) Service of Process.--The Foundation shall comply with
the law on service of process of each State in which the
Foundation is incorporated and of each State in which the
Foundation carries on activities.
``(k) Liability of Officers, Employees, and Agents.--
``(1) In general.--The Foundation shall be liable for the
acts of the officers, employees, and agents of the Foundation
acting within the scope of the authority of the officers,
employees, and agents.
``(2) Personal liability.--A member of the Board shall be
personally liable only for gross negligence in the
performance of the duties of the member.
``(l) Restrictions.--
``(1) Limitation on spending.--Beginning with the fiscal
year following the first full fiscal year during which the
Foundation is in operation, the administrative costs of the
Foundation shall not exceed the percentage described in
paragraph (2) of the sum of--
``(A) the amounts transferred to the Foundation under
subsection (n) during the preceding fiscal year; and
``(B) donations received from private sources during the
preceding fiscal year.
``(2) Percentages.--The percentages referred to in
paragraph (1) are--
``(A) for the first 2 fiscal years described in that
paragraph, 25 percent;
``(B) for the following fiscal year, 20 percent; and
``(C) for each fiscal year thereafter, 15 percent.
``(3) Appointment and hiring.--The appointment of officers
and employees of the Foundation shall be subject to the
availability of funds.
``(4) Status.--A member of the Board or officer, employee,
or agent of the Foundation shall not by reason of association
with the Foundation be considered to be an officer, employee,
or agent of the United States.
``(m) Audits.--The Foundation shall comply with section
10101 of title 36, United States Code, as if the Foundation
were a corporation under part B of subtitle II of that title.
``(n) Funding.--For each of fiscal years 2011 through 2015,
out of any unobligated amounts available to the Secretary,
the Secretary may use to carry out this section not more than
$500,000.
``SEC. 703. ADMINISTRATIVE SERVICES AND SUPPORT.
``(a) Provision of Support by Secretary.--Subject to
subsection (b), during the 5-year period beginning on the
date on which the Foundation is established, the Secretary--
``(1) may provide personnel, facilities, and other
administrative support services to the Foundation;
``(2) may provide funds for initial operating costs and to
reimburse the travel expenses of the members of the Board;
and
``(3) shall require and accept reimbursements from the
Foundation for--
``(A) services provided under paragraph (1); and
``(B) funds provided under paragraph (2).
``(b) Reimbursement.--Reimbursements accepted under
subsection (a)(3)--
``(1) shall be deposited in the Treasury of the United
States to the credit of the applicable appropriations
account; and
``(2) shall be chargeable for the cost of providing
services described in subsection (a)(1) and travel expenses
described in subsection (a)(2).
``(c) Continuation of Certain Services.--The Secretary may
continue to provide facilities and necessary support services
to the Foundation after the termination of the 5-year period
specified in subsection (a) if the facilities and services
are--
``(1) available; and
``(2) provided on reimbursable cost basis.''.
(d) Technical Amendments.--The Indian Self-Determination
and Education Assistance Act is amended--
(1) by redesignating title V (25 U.S.C. 458bbb et seq.) as
title VIII and moving the title so as to appear at the end of
the Act;
(2) by redesignating sections 501, 502, and 503 (25 U.S.C.
458bbb, 458bbb-1, 458bbb-2) as sections 801, 802, and 803,
respectively; and
(3) in subsection (a)(2) of section 802 and paragraph (2)
of section 803 (as redesignated by paragraph (2)), by
striking ``section 501'' and inserting ``section 801''.
(e) Acceptance and Assistance.--Section 5 of the Indian Law
Enforcement Reform Act (25 U.S.C. 2804) is amended by adding
at the end the following:
``(g) Acceptance of Assistance.--The Bureau may accept
reimbursement, resources, assistance, or funding from--
``(1) a Federal, tribal, State, or other government agency;
or
``(2) the Indian Law Enforcement Foundation established
under section 701(a) of the Indian Self-Determination and
Education Assistance Act.''.
SEC. 302. DRUG ENFORCEMENT IN INDIAN COUNTRY.
(a) Education and Research Programs.--Section 502 of the
Controlled Substances Act (21 U.S.C. 872) is amended in
subsections (a)(1) and (c), by inserting `` tribal,'' after
``State,'' each place it appears.
(b) Public-private Education Program.--Section 503 of the
Comprehensive Methamphetamine Control Act of 1996 (21 U.S.C.
872a) is amended--
(1) in subsection (a), by inserting ``tribal,'' after
``State,''; and
(2) in subsection (b)(2), by inserting ``, tribal,'' after
``State''.
(c) Cooperative Arrangements.--Section 503 of the
Controlled Substances Act (21 U.S.C. 873) is amended--
(1) in subsection (a)--
(A) by inserting ``tribal,'' after ``State,'' each place it
appears; and
(B) in paragraphs (6) and (7), by inserting ``, tribal,''
after ``State'' each place it appears; and
(2) in subsection (d)(1), by inserting ``, tribal,'' after
``State''.
(d) Powers of Enforcement Personnel.--Section 508(a) of the
Controlled Substances Act (21 U.S.C. 878(a)) is amended in
the matter preceding paragraph (1) by inserting ``, tribal,''
after ``State''.
(e) Effect of Grants.--Nothing in this section or any
amendment made by this section--
(1) allows the grant to be made to, or used by, an entity
for law enforcement activities that the entity lacks
jurisdiction to perform; or
(2) has any effect other than to authorize, award, or deny
a grant of funds to a federally recognized Indian tribe for
the purposes described in the relevant grant program.
SEC. 303. ACCESS TO NATIONAL CRIMINAL INFORMATION DATABASES.
(a) Access to National Criminal Information Databases.--
Section 534 of title 28, United States Code, is amended--
(1) in subsection (a)(4), by inserting ``Indian tribes,''
after ``the States,'';
(2) by striking subsection (d) and inserting the following:
``(d) Indian Law Enforcement Agencies.--The Attorney
General shall permit tribal and Bureau of Indian Affairs law
enforcement agencies--
``(1) to access and enter information into Federal criminal
information databases; and
``(2) to obtain information from the databases.'';
(3) by redesignating the second subsection (e) as
subsection (f); and
(4) in paragraph (2) of subsection (f) (as redesignated by
paragraph (3)), in the matter preceding subparagraph (A), by
inserting ``, tribal,'' after ``Federal''.
(b) Requirement.--
(1) In general.--The Attorney General shall ensure that
tribal law enforcement officials that meet applicable Federal
or State requirements be permitted access to national crime
information databases.
[[Page H5857]]
(2) Sanctions.--For purpose of sanctions for noncompliance
with requirements of, or misuse of, national crime
information databases and information obtained from those
databases, a tribal law enforcement agency or official shall
be treated as Federal law enforcement agency or official.
(3) NCIC.--Each tribal justice official serving an Indian
tribe with criminal jurisdiction over Indian country shall be
considered to be an authorized law enforcement official for
purposes of access to the National Crime Information Center
of the Federal Bureau of Investigation.
SEC. 304. TRIBAL COURT SENTENCING AUTHORITY.
(a) Individual Rights.--Section 202 of the Indian Civil
Rights Act of 1968 (25 U.S.C. 1302), is amended--
(1) in the matter preceding paragraph (1), by striking ``No
Indian tribe'' and inserting the following:
``(a) In General.--No Indian tribe'';
(2) in subsection (a) (as designated by paragraph (1))--
(A) in paragraph (6) by inserting ``(except as provided in
subsection (b)) after ``assistance of counsel for his
defense''; and
(B) by striking paragraph (7) and inserting the following:
``(7)(A) require excessive bail, impose excessive fines, or
inflict cruel and unusual punishments;
``(B) except as provided in subparagraph (C), impose for
conviction of any 1 offense any penalty or punishment greater
than imprisonment for a term of 1 year or a fine of $5,000,
or both;
``(C) subject to subsection (b), impose for conviction of
any 1 offense any penalty or punishment greater than
imprisonment for a term of 3 years or a fine of $15,000, or
both; or
``(D) impose on a person in a criminal proceeding a total
penalty or punishment greater than imprisonment for a term of
9 years;''; and
(3) by adding at the end the following:
``(b) Offenses Subject to Greater Than 1-year Imprisonment
or a Fine Greater Than $5,000.--A tribal court may subject a
defendant to a term of imprisonment greater than 1 year but
not to exceed 3 years for any 1 offense, or a fine greater
than $5,000 but not to exceed $15,000, or both, if the
defendant is a person accused of a criminal offense who--
``(1) has been previously convicted of the same or a
comparable offense by any jurisdiction in the United States;
or
``(2) is being prosecuted for an offense comparable to an
offense that would be punishable by more than 1 year of
imprisonment if prosecuted by the United States or any of the
States.
``(c) Rights of Defendants.--In a criminal proceeding in
which an Indian tribe, in exercising powers of self-
government, imposes a total term of imprisonment of more than
1 year on a defendant, the Indian tribe shall--
``(1) provide to the defendant the right to effective
assistance of counsel at least equal to that guaranteed by
the United States Constitution; and
``(2) at the expense of the tribal government, provide an
indigent defendant the assistance of a defense attorney
licensed to practice law by any jurisdiction in the United
States that applies appropriate professional licensing
standards and effectively ensures the competence and
professional responsibility of its licensed attorneys;
``(3) require that the judge presiding over the criminal
proceeding--
``(A) has sufficient legal training to preside over
criminal proceedings; and
``(B) is licensed to practice law by any jurisdiction in
the United States;
``(4) prior to charging the defendant, make publicly
available the criminal laws (including regulations and
interpretative documents), rules of evidence, and rules of
criminal procedure (including rules governing the recusal of
judges in appropriate circumstances) of the tribal
government; and
``(5) maintain a record of the criminal proceeding,
including an audio or other recording of the trial
proceeding.
``(d) Sentences.--In the case of a defendant sentenced in
accordance with subsections (b) and (c), a tribal court may
require the defendant--
``(1) to serve the sentence--
``(A) in a tribal correctional center that has been
approved by the Bureau of Indian Affairs for long-term
incarceration, in accordance with guidelines to be developed
by the Bureau of Indian Affairs (in consultation with Indian
tribes) not later than 180 days after the date of enactment
of the Tribal Law and Order Act of 2010;
``(B) in the nearest appropriate Federal facility, at the
expense of the United States pursuant to the Bureau of
Prisons tribal prisoner pilot program described in section
304(c) of the Tribal Law and Order Act of 2010;
``(C) in a State or local government-approved detention or
correctional center pursuant to an agreement between the
Indian tribe and the State or local government; or
``(D) in an alternative rehabilitation center of an Indian
tribe; or
``(2) to serve another alternative form of punishment, as
determined by the tribal court judge pursuant to tribal law.
``(e) Definition of Offense.--In this section, the term
`offense' means a violation of a criminal law.
``(f) Effect of Section.--Nothing in this section affects
the obligation of the United States, or any State government
that has been delegated authority by the United States, to
investigate and prosecute any criminal violation in Indian
country.''.
(b) Report.--Not later than 4 years after the date of
enactment of this Act, the Attorney General, in coordination
with the Secretary of the Interior, shall submit a report to
the appropriate committees of Congress that includes--
(1) a description of the effectiveness of enhanced tribal
court sentencing authority in curtailing violence and
improving the administration of justice on Indian lands; and
(2) a recommendation of whether enhanced sentencing
authority should be discontinued, enhanced, or maintained at
the level authorized under this division.
(c) Bureau of Prisons Tribal Prisoner Pilot Program.--
(1) In general.--Not later than 120 days after the date of
enactment of this division, the Director of the Bureau of
Prisons shall establish a pilot program under which the
Bureau of Prisons shall accept offenders convicted in tribal
court pursuant to section 202 of the Indian Civil Rights Act
of 1968 (25 U.S.C. 1302) (as amended by this section),
subject to the conditions described in paragraph (2).
(2) Conditions.--
(A) In general.--As a condition of participation in the
pilot program described in paragraph (1), the tribal court
shall submit to the Attorney General a request for
confinement of the offender, for approval by the Attorney
General (or a designee) by not later than 30 days after the
date of submission.
(B) Limitations.--Requests for confinement shall be limited
to offenders convicted of a violent crime (comparable to the
violent crimes described in section 1153(a) of title 18,
United States Code) for which the sentence includes a term of
imprisonment of 2 or more years.
(C) Custody conditions.--The imprisonment by the Bureau of
Prisons shall be subject to the conditions described in
section 5003 of title 18, United States Code, regarding the
custody of State offenders, except that the offender shall be
placed in the nearest available and appropriate Federal
facility, and imprisoned at the expense of the United States.
(D) Cap.--The Bureau of Prisons shall confine not more than
100 tribal offenders at any time.
(3) Rescinding requests.--
(A) In general.--The applicable tribal government shall
retain the authority to rescind the request for confinement
of a tribal offender by the Bureau of Prisons under this
paragraph at any time during the sentence of the offender.
(B) Return to tribal custody.--On rescission of a request
under subparagraph (A), a tribal offender shall be returned
to tribal custody.
(4) Reassessment.--If tribal court demand for participation
in this pilot program exceeds 100 tribal offenders, a
representative of the Bureau of Prisons shall notify
Congress.
(5) Report.--Not later than 3 years after the date of
establishment of the pilot program, the Attorney General
shall submit to Congress a report describing the status of
the program, including recommendations regarding the future
of the program, if any.
(6) Termination.--Except as otherwise provided by an Act of
Congress, the pilot program under this paragraph shall expire
on the date that is 4 years after the date on which the
program is established.
(d) Grants and Contracts.--Section 1007(b) of the Economic
Opportunity Act of 1964 (42 U.S.C. 2996f(b)) is amended by
striking paragraph (2) and inserting the following:
``(2) to provide legal assistance with respect to any
criminal proceeding, except to provide assistance to a person
charged with an offense in an Indian tribal court;''.
SEC. 305. INDIAN LAW AND ORDER COMMISSION.
The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et
seq.) (as amended by section 104(b)) is amended by adding at
the end the following:
``SEC. 15. INDIAN LAW AND ORDER COMMISSION.
``(a) Establishment.--There is established a commission to
be known as the Indian Law and Order Commission (referred to
in this section as the `Commission').
``(b) Membership.--
``(1) In general.--The Commission shall be composed of 9
members, of whom--
``(A) 3 shall be appointed by the President, in
consultation with--
``(i) the Attorney General; and
``(ii) the Secretary;
``(B) 2 shall be appointed by the Majority Leader of the
Senate, in consultation with the Chairpersons of the
Committees on Indian Affairs and the Judiciary of the Senate;
``(C) 1 shall be appointed by the Minority Leader of the
Senate, in consultation with the Vice Chairperson and Ranking
Member of the Committees on Indian Affairs and the Judiciary
of the Senate;
``(D) 2 shall be appointed by the Speaker of the House of
Representatives, in consultation with the Chairpersons of the
Committees on the Judiciary and Natural Resources of the
House of Representatives; and
``(E) 1 shall be appointed by the Minority Leader of the
House of Representatives, in consultation with the Ranking
Members of the Committees on the Judiciary and Natural
Resources of the House of Representatives.
``(2) Requirements for eligibility.--Each member of the
Commission shall have significant experience and expertise
in--
``(A) the Indian country criminal justice system; and
``(B) matters to be studied by the Commission.
``(3) Consultation required.--The President, the Speaker
and Minority Leader of the House of Representatives, and the
Majority Leader and Minority Leader of the Senate shall
consult before the appointment of members of the Commission
under paragraph (1) to achieve, to the maximum extent
practicable, fair and equitable representation of various
points of view with respect to the matters to be studied by
the Commission.
``(4) Term.--Each member shall be appointed for the life of
the Commission.
``(5) Time for initial appointments.--The appointment of
the members of the Commission
[[Page H5858]]
shall be made not later than 60 days after the date of
enactment of this Act.
``(6) Vacancies.--A vacancy in the Commission shall be
filled--
``(A) in the same manner in which the original appointment
was made; and
``(B) not later than 60 days after the date on which the
vacancy occurred.
``(c) Operation.--
``(1) Chairperson.--Not later than 15 days after the date
on which all members of the Commission have been appointed,
the Commission shall select 1 member to serve as Chairperson
of the Commission.
``(2) Meetings.--
``(A) In general.--The Commission shall meet at the call of
the Chairperson.
``(B) Initial meeting.--The initial meeting shall take
place not later than 30 days after the date described in
paragraph (1).
``(3) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
``(4) Rules.--The Commission may establish, by majority
vote, any rules for the conduct of Commission business, in
accordance with this Act and other applicable law.
``(d) Comprehensive Study of Criminal Justice System
Relating to Indian Country.--The Commission shall conduct a
comprehensive study of law enforcement and criminal justice
in tribal communities, including--
``(1) jurisdiction over crimes committed in Indian country
and the impact of that jurisdiction on--
``(A) the investigation and prosecution of Indian country
crimes; and
``(B) residents of Indian land;
``(2) the tribal jail and Federal prisons systems and the
effect of those systems with respect to--
``(A) reducing Indian country crime; and
``(B) rehabilitation of offenders;
``(3)(A) tribal juvenile justice systems and the Federal
juvenile justice system as relating to Indian country; and
``(B) the effect of those systems and related programs in
preventing juvenile crime, rehabilitating Indian youth in
custody, and reducing recidivism among Indian youth;
``(4) the impact of the Indian Civil Rights Act of 1968 (25
U.S.C. 1301 et seq.) on--
``(A) the authority of Indian tribes;
``(B) the rights of defendants subject to tribal government
authority; and
``(C) the fairness and effectiveness of tribal criminal
systems; and
``(5) studies of such other subjects as the Commission
determines relevant to achieve the purposes of the Tribal Law
and Order Act of 2010.
``(e) Recommendations.--Taking into consideration the
results of the study under paragraph (1), the Commission
shall develop recommendations on necessary modifications and
improvements to justice systems at the tribal, Federal, and
State levels, including consideration of--
``(1) simplifying jurisdiction in Indian country;
``(2) improving services and programs--
``(A) to prevent juvenile crime on Indian land;
``(B) to rehabilitate Indian youth in custody; and
``(C) to reduce recidivism among Indian youth;
``(3) adjustments to the penal authority of tribal courts
and exploring alternatives to incarceration;
``(4) the enhanced use of chapter 43 of title 28, United
States Code (commonly known as `the Federal Magistrates Act')
in Indian country;
``(5) effective means of protecting the rights of victims
and defendants in tribal criminal justice systems (including
defendants incarcerated for a period of less than 1 year);
``(6) changes to the tribal jails and Federal prison
systems; and
``(7) other issues that, as determined by the Commission,
would reduce violent crime in Indian country.
``(f) Report.--Not later than 2 years after the date of
enactment of this Act, the Commission shall submit to the
President and Congress a report that contains--
``(1) a detailed statement of the findings and conclusions
of the Commission; and
``(2) the recommendations of the Commission for such
legislative and administrative actions as the Commission
considers to be appropriate.
``(g) Powers.--
``(1) Hearings.--
``(A) In general.--The Commission may hold such hearings,
meet and act at such times and places, take such testimony,
and receive such evidence as the Commission considers to be
advisable to carry out the duties of the Commission under
this section.
``(B) Public requirement.--The hearings of the Commission
under this paragraph shall be open to the public.
``(2) Witness expenses.--
``(A) In general.--A witness requested to appear before the
Commission shall be paid the same fees and allowances as are
paid to witnesses under section 1821 of title 28, United
States Code.
``(B) Per diem and mileage.--The fees and allowances for a
witness shall be paid from funds made available to the
Commission.
``(3) Information from federal, tribal, and state
agencies.--
``(A) In general.--The Commission may secure directly from
a Federal agency such information as the Commission considers
to be necessary to carry out this section.
``(B) Tribal and state agencies.--The Commission may
request the head of any tribal or State agency to provide to
the Commission such information as the Commission considers
to be necessary to carry out this section.
``(4) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other agencies of the Federal Government.
``(5) Gifts.--The Commission may accept, use, and dispose
of gifts or donations of services or property.
``(h) Commission Personnel Matters.--
``(1) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business
of the member in the performance of the duties of the
Commission.
``(2) Detail of federal employees.--On the affirmative vote
of \2/3\ of the members of the Commission and the approval of
the appropriate Federal agency head, an employee of the
Federal Government may be detailed to the Commission without
reimbursement, and such detail shall be without interruption
or loss of civil service status, benefits, or privileges.
``(3) Procurement of temporary and intermittent services.--
On request of the Commission, the Attorney General shall
provide to the Commission, on a reimbursable basis,
reasonable and appropriate office space, supplies, and
administrative assistance.
``(i) Contracts for Research.--
``(1) Researchers and experts.--
``(A) In general.--On an affirmative vote of \2/3\ of the
members of the Commission, the Commission may select
nongovernmental researchers and experts to assist the
Commission in carrying out the duties of the Commission under
this section.
``(B) National institute of justice.--The National
Institute of Justice may enter into a contract with the
researchers and experts selected by the Commission under
subparagraph (A) to provide funding in exchange for the
services of the researchers and experts.
``(2) Other organizations.--Nothing in this subsection
limits the ability of the Commission to enter into contracts
with any other entity or organization to carry out research
necessary to carry out the duties of the Commission under
this section.
``(j) Tribal Advisory Committee.--
``(1) Establishment.--The Commission shall establish a
committee, to be known as the `Tribal Advisory Committee'.
``(2) Membership.--
``(A) Composition.--The Tribal Advisory Committee shall
consist of 2 representatives of Indian tribes from each
region of the Bureau of Indian Affairs.
``(B) Qualifications.--Each member of the Tribal Advisory
Committee shall have experience relating to--
``(i) justice systems;
``(ii) crime prevention; or
``(iii) victim services.
``(3) Duties.--The Tribal Advisory Committee shall--
``(A) serve as an advisory body to the Commission; and
``(B) provide to the Commission advice and recommendations,
submit materials, documents, testimony, and such other
information as the Commission determines to be necessary to
carry out the duties of the Commission under this section.
``(k) Funding.--For the fiscal year after the date of
enactment of the Tribal Law and Order Act of 2010, out of any
unobligated amounts available to the Secretary of the
Interior or the Attorney General, the Secretary or the
Attorney General may use to carry out this section not more
than $2,000,000.
``(l) Termination of Commission.--The Commission shall
terminate 90 days after the date on which the Commission
submits the report of the Commission under subsection (f).
``(m) Nonapplicability of FACA.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
Commission.''.
SEC. 306. EXEMPTION FOR TRIBAL DISPLAY MATERIALS.
(a) In General.--Section 845(a) of title 18, United States
Code is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``and''; and
(3) by adding at the end the following:
``(7) the transportation, shipment, receipt, or importation
of display fireworks materials for delivery to a federally
recognized Indian tribe or tribal agency.''.
(b) Definition of Indian Tribe.--Section 841 of title 18,
United States Code is amended by adding at the end the
following:
``(t) Indian Tribe.--The term `Indian tribe' has the
meaning given the term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C.
479a)).''.
(c) Technical Amendments.--Section 845 of title 18, United
States Code is amended--
(1) in subsection (a), by striking ``subsections'' in the
first place it appears and inserting ``subsection''; and
(2) in subsection (b), by striking ``Secretary'' each place
it appears and inserting ``Attorney General''.
TITLE IV--TRIBAL JUSTICE SYSTEMS
SEC. 401. INDIAN ALCOHOL AND SUBSTANCE ABUSE.
(a) Correction of References.--
(1) Inter-departmental memorandum of agreement.--Section
4205 of the Indian Alcohol and Substance Abuse Prevention and
Treatment Act of 1986 (25 U.S.C. 2411) is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``Not later than 120 days after the date of
enactment of this subtitle'' and inserting ``Not later than 1
year after the date of enactment of the Tribal Law and Order
Act of 2010''; and
(II) by inserting ``, the Attorney General,'' after
``Secretary of the Interior'';
(ii) in paragraph (2)(A), by inserting ``, Office of
Justice Programs, Substance Abuse and Mental Health Services
Administration,'' after ``Bureau of Indian Affairs,'';
[[Page H5859]]
(iii) in paragraph (4), by inserting ``, Department of
Justice, Substance Abuse and Mental Health Services
Administration,'' after ``Bureau of Indian Affairs'';
(iv) in paragraph (5), by inserting ``, Department of
Justice, Substance Abuse and Mental Health Services
Administration,'' after ``Bureau of Indian Affairs'';
(v) in paragraph (7), by inserting ``, the Attorney
General,'' after ``Secretary of the Interior'';
(B) in subsection (c), by inserting ``, the Attorney
General,'' after ``Secretary of the Interior''; and
(C) in subsection (d), by striking ``the date of enactment
of this subtitle'' and inserting ``the date of enactment of
the Tribal Law and Order Act of 2010''.
(2) Tribal action plans.--Section 4206 of the Indian
Alcohol and Substance Abuse Prevention and Treatment Act of
1986 (25 U.S.C. 2412) is amended--
(A) in subsection (b), in the first sentence, by inserting
``, the Office of Justice Programs, the Substance Abuse and
Mental Health Services Administration,'' before ``and the
Indian Health Service service unit'';
(B) in subsection (c)(1)(A)(i), by inserting ``, the Office
of Justice Programs, the Substance Abuse and Mental Health
Services Administration,'' before ``and the Indian Health
Service service unit'';
(C) in subsection (d)(2), by striking ``fiscal year 1993
and such sums as are necessary for each of the fiscal years
1994, 1995, 1996, 1997, 1998, 1999, and 2000'' and inserting
``the period of fiscal years 2011 through 2015'';
(D) in subsection (e), in the first sentence, by inserting
``, the Attorney General,'' after ``the Secretary of the
Interior''; and
(E) in subsection (f)(3), by striking ``fiscal year 1993
and such sums as are necessary for each of the fiscal years
1994, 1995, 1996, 1997, 1998, 1999, and 2000'' and inserting
``fiscal years 2011 through 2015''.
(3) Departmental responsibility.--Section 4207 of the
Indian Alcohol and Substance Abuse Prevention and Treatment
Act of 1986 (25 U.S.C. 2413) is amended--
(A) in subsection (a), by inserting ``, the Attorney
General'' after ``Bureau of Indian Affairs'';
(B) in subsection (b)--
(i) by striking paragraph (1) and inserting the following:
``(1) Establishment.--
``(A) In general.--To improve coordination among the
Federal agencies and departments carrying out this subtitle,
there is established within the Substance Abuse and Mental
Health Services Administration an office, to be known as the
`Office of Indian Alcohol and Substance Abuse' (referred to
in this section as the `Office').
``(B) Director.--The director of the Office shall be
appointed by the Administrator of the Substance Abuse and
Mental Health Services Administration--
``(i) on a permanent basis; and
``(ii) at a grade of not less than GS-15 of the General
Schedule.'';
(ii) in paragraph (2)--
(I) by striking ``(2) In addition'' and inserting the
following:
``(2) Responsibilities of office.--In addition'';
(II) by striking subparagraph (A) and inserting the
following:
``(A) coordinating with other agencies to monitor the
performance and compliance of the relevant Federal programs
in achieving the goals and purposes of this subtitle and the
Memorandum of Agreement entered into under section 4205;'';
(III) in subparagraph (B)--
(aa) by striking ``within the Bureau of Indian Affairs'';
and
(bb) by striking the period at the end and inserting ``;
and''; and
(IV) by adding at the end the following:
``(C) not later than 1 year after the date of enactment of
the Tribal Law and Order Act of 2010, developing, in
coordination and consultation with tribal governments, a
framework for interagency and tribal coordination that--
``(i) establish the goals and other desired outcomes of
this Act;
``(ii) prioritizes outcomes that are aligned with the
purposes of affected agencies;
``(iii) provides guidelines for resource and information
sharing;
``(iv) provides technical assistance to the affected
agencies to establish effective and permanent interagency
communication and coordination; and
``(v) determines whether collaboration is feasible, cost-
effective, and within agency capability.''; and
(iii) by striking paragraph (3) and inserting the
following:
``(3) Appointment of employees.--The Administrator of the
Substance Abuse and Mental Health Services Administration
shall appoint such employees to work in the Office, and shall
provide such funding, services, and equipment, as may be
necessary to enable the Office to carry out the
responsibilities under this subsection.''; and
(C) in subsection (c)--
(i) by striking ``of Alcohol and Substance Abuse'' each
place it appears;
(ii) in paragraph (1), in the second sentence, by striking
``The Assistant Secretary of the Interior for Indian
Affairs'' and inserting ``The Administrator of the Substance
Abuse and Mental Health Services Administration''; and
(iii) in paragraph (3)--
(I) in the matter preceding subparagraph (A), by striking
``Youth'' and inserting ``youth''; and
(II) by striking ``programs of the Bureau of Indian
Affairs'' and inserting ``the applicable Federal programs''.
(4) Review of programs.--Section 4208a(a) of the Indian
Alcohol and Substance Abuse Prevention and Treatment Act of
1986 (25 U.S.C. 2414a(a)) is amended in the matter preceding
paragraph (1) by inserting ``, the Attorney General,'' after
``the Secretary of the Interior''.
(5) Federal facilities, property, and equipment.--Section
4209 of the Indian Alcohol and Substance Abuse Prevention and
Treatment Act of 1986 (25 U.S.C. 2415) is amended--
(A) in subsection (a), by inserting ``, the Attorney
General,'' after ``the Secretary of the Interior'';
(B) in subsection (b)--
(i) in the first sentence, by inserting ``, the Attorney
General,'' after ``the Secretary of the Interior'';
(ii) in the second sentence, by inserting ``, nor the
Attorney General,'' after ``the Secretary of the Interior'';
and
(iii) in the third sentence, by inserting ``, the
Department of Justice,'' after ``the Department of the
Interior''; and
(C) in subsection (c)(1), by inserting ``, the Attorney
General,'' after ``the Secretary of the Interior''.
(6) Review.--Section 4211(a) of the Indian Alcohol and
Substance Abuse Prevention and Treatment Act of 1986 (25
U.S.C. 2431(a)) is amended in the matter preceding paragraph
(1) by inserting ``, the Attorney General,'' after ``the
Secretary of the Interior''.
(b) Indian Education Programs.--Section 4212 of the Indian
Alcohol and Substance Abuse Prevention Act of 1986 (25 U.S.C.
2432) is amended by striking subsection (a) and inserting the
following:
``(a) Summer Youth Programs.--
``(1) In general.--The head of the Indian Alcohol and
Substance Abuse Program, in coordination with the Assistant
Secretary for Indian Affairs, shall develop and implement
programs in tribal schools and schools funded by the Bureau
of Indian Education (subject to the approval of the local
school board or contract school board) to determine the
effectiveness of summer youth programs in advancing the
purposes and goals of this Act.
``(2) Costs.--The head of the Indian Alcohol and Substance
Abuse Program and the Assistant Secretary shall defray all
costs associated with the actual operation and support of the
summer youth programs in a school from funds appropriated to
carry out this subsection.
``(3) Authorization of appropriations.--There are
authorized to be appropriated to carry out the programs under
this subsection $5,000,000 for each of fiscal years 2011
through 2015.''.
(c) 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--
(1) in paragraph (1), by striking ``fiscal year 1993 and
such sums as may be necessary for each of the fiscal years
1994, 1995, 1996, 1997, 1998, 1999, and 2000.'' and inserting
``each of fiscal years 2011 through 2015.'';
(2) in paragraph (2), by striking ``each of the fiscal
years 1994, 1995, 1996, 1997, 1998, 1999, and 2000.'' and
inserting ``each of fiscal years 2011 through 2015.''; and
(3) by indenting paragraphs (4) and (5) appropriately.
(d) Review of Programs.--Section 4215(a) of the Indian
Alcohol and Substance Abuse Prevention and Treatment Act of
1986 (25 U.S.C. 2441(a)) is amended by inserting ``, the
Attorney General,'' after ``the Secretary of the Interior''.
(e) Illegal Narcotics Trafficking; Source Eradication.--
Section 4216 of the Indian Alcohol and Substance Abuse
Prevention and Treatment Act of 1986 (25 U.S.C. 2442) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking the comma at the end
and inserting a semicolon;
(ii) in subparagraph (B), by striking ``, and'' at the end
and inserting a semicolon;
(iii) in subparagraph (C), by striking the period at the
end and inserting ``; and''; and
(iv) by adding at the end the following:
``(D) the Blackfeet Nation of Montana for the investigation
and control of illegal narcotics traffic on the Blackfeet
Indian Reservation along the border with Canada.'';
(B) in paragraph (2), by striking ``United States Custom
Service'' and inserting ``United States Customs and Border
Protection, the Bureau of Immigration and Customs
Enforcement, and the Drug Enforcement Administration''; and
(C) by striking paragraph (3) and inserting the following:
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $2,000,000
for each of fiscal years 2011 through 2015.''; and
(2) in subsection (b)(2), by striking ``for the fiscal year
1993 and such sums as may be necessary for each of the fiscal
years 1994, 1995, 1996, 1997, 1998, 1999, and 2000'' and
``for each of fiscal years 2011 through 2015.''.
(f) Law Enforcement and Judicial Training.--Section 4218 of
the Indian Alcohol and Substance Abuse Prevention and
Treatment Act of 1986 (25 U.S.C. 2451) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Training Programs.--
``(1) In general.--The Secretary of the Interior, in
coordination with the Attorney General, the Administrator of
the Drug Enforcement Administration, and the Director of the
Federal Bureau of Investigation, shall ensure, through the
establishment of a new training program or by supplementing
existing training programs, that all Bureau of Indian Affairs
and tribal law enforcement and judicial personnel have access
to training regarding--
``(A) the investigation and prosecution of offenses
relating to illegal narcotics; and
[[Page H5860]]
``(B) alcohol and substance abuse prevention and treatment.
``(2) Youth-related training.--Any training provided to
Bureau of Indian Affairs or tribal law enforcement or
judicial personnel under paragraph (1) shall include training
in issues relating to youth alcohol and substance abuse
prevention and treatment.''; and
(2) in subsection (b), by striking ``as may be necessary''
and all that follows through the end of the subsection and
inserting ``as are necessary for each of fiscal years 2011
through 2015.''.
(g) Juvenile Detention Centers.--Section 4220 of the Indian
Alcohol and Substance Abuse Prevention and Treatment Act of
1986 (25 U.S.C. 2453) is amended--
(1) in subsection (a)--
(A) by striking ``The Secretary'' the first place it
appears and inserting the following:
``(1) In general.--The Secretary'';
(B) in the second sentence, by striking ``The Secretary
shall'' and inserting the following:
``(2) Construction and operation.--The Secretary shall'';
and
(C) by adding at the end the following:
``(3) Development of plan.--
``(A) In general.--Not later than 1 year after the date of
enactment of this paragraph, the Secretary and the Attorney
General, in consultation with tribal leaders and tribal
justice officials, shall develop a long-term plan for the
construction, renovation, and operation of Indian juvenile
detention and treatment centers and alternatives to detention
for juvenile offenders.
``(B) Coordination.--The plan under subparagraph (A) shall
require the Bureau of Indian Education and the Indian Health
Service to coordinate with tribal and Bureau of Indian
Affairs juvenile detention centers to provide services to
those centers.''; and
(2) in paragraphs (1) and (2) of subsection (b)--
(A) by striking ``for fiscal year 1993 and such sums as may
be necessary for each of the fiscal years 1994, 1995, 1996,
1997, 1998, 1999, and 2000'' each place it appears and
inserting ``for each of fiscal years 2011 through 2015''; and
(B) by indenting paragraph (2) appropriately.
SEC. 402. INDIAN TRIBAL JUSTICE; TECHNICAL AND LEGAL
ASSISTANCE.
(a) Indian Tribal Justice.--
(1) Base support funding.--Section 103(b) of the Indian
Tribal Justice Act (25 U.S.C. 3613(b)) is amended by striking
paragraph (2) and inserting the following:
``(2) the employment of tribal court personnel, including
tribal court judges, prosecutors, public defenders, appointed
defense counsel, guardians ad litem, and court-appointed
special advocates for children and juveniles;''.
(2) Tribal justice systems.--Section 201 of the Indian
Tribal Justice Act (25 U.S.C. 3621) is amended--
(A) in subsection (a)--
(i) by striking ``the provisions of sections 101 and 102 of
this Act'' and inserting ``sections 101 and 102''; and
(ii) by striking ``the fiscal years 2000 through 2007'' and
inserting ``fiscal years 2011 through 2015'';
(B) in subsection (b)--
(i) by striking ``the provisions of section 103 of this
Act'' and inserting ``section 103''; and
(ii) by striking ``the fiscal years 2000 through 2007'' and
inserting ``fiscal years 2011 through 2015'';
(C) in subsection (c), by striking ``the fiscal years 2000
through 2007'' and inserting ``fiscal years 2011 through
2015''; and
(D) in subsection (d), by striking ``the fiscal years 2000
through 2007'' and inserting ``fiscal years 2011 through
2015''.
(b) Technical and Legal Assistance.--
(1) Tribal civil legal assistance grants.--Section 102 of
the Indian Tribal Justice Technical and Legal Assistance Act
of 2000 (25 U.S.C. 3662) is amended by inserting ``(including
guardians ad litem and court-appointed special advocates for
children and juveniles)'' after ``civil legal assistance''.
(2) Tribal criminal legal assistance grants.--Section 103
of the Indian Tribal Justice Technical and Legal Assistance
Act of 2000 (25 U.S.C. 3663) is amended by striking
``criminal legal assistance to members of Indian tribes and
tribal justice systems'' and inserting ``defense counsel
services to all defendants in tribal court criminal
proceedings and prosecution and judicial services for tribal
courts''.
(3) Funding.--The Indian Tribal Justice Technical and Legal
Assistance Act of 2000 is amended--
(A) in section 107 (as redesignated by section
104(a)(2)(A)), by striking ``2000 through 2004'' and
inserting ``2011 through 2015''; and
(B) in section 201(d) (25 U.S.C. 3681(d)), by striking
``2000 through 2004'' and inserting ``2011 through 2015''.
SEC. 403. TRIBAL RESOURCES GRANT PROGRAM.
Section 1701 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796dd) is amended--
(1) in subsection (b)--
(A) in each of paragraphs (1) through (4) and (6) through
(17), by inserting ``to'' after the paragraph designation;
(B) in paragraph (1), by striking ``State and'' and
inserting ``State, tribal, or'';
(C) in paragraphs (9) and (10), by inserting ``, tribal,''
after ``State'' each place it appears;
(D) in paragraph (15)--
(i) by striking ``a State in'' and inserting ``a State or
Indian tribe in'';
(ii) by striking ``the State which'' and inserting ``the
State or tribal community that''; and
(iii) by striking ``a State or'' and inserting ``a State,
tribal, or'';
(E) in paragraph (16), by striking ``and'' at the end;
(F) in paragraph (17), by striking the period at the end
and inserting ``; and'';
(G) by redesignating paragraphs (6) through (17) as
paragraphs (5) through (16), respectively; and
(H) by adding at the end the following:
``(17) to permit tribal governments receiving direct law
enforcement services from the Bureau of Indian Affairs to
access the program under this section for use in accordance
with paragraphs (1) through (16).''.
(2) in subsection (i), by striking ``The authority'' and
inserting ``Except as provided in subsection (j), the
authority''; and
(3) by adding at the end the following:
``(j) Grants to Indian Tribes.--
``(1) In general.--Notwithstanding subsection (i) and
section 1703, and in acknowledgment of the Federal nexus and
distinct Federal responsibility to address and prevent crime
in Indian country, the Attorney General shall provide grants
under this section to Indian tribal governments, for fiscal
year 2011 and any fiscal year thereafter, for such period as
the Attorney General determines to be appropriate to assist
the Indian tribal governments in carrying out the purposes
described in subsection (b).
``(2) Priority of funding.--In providing grants to Indian
tribal governments under this subsection, the Attorney
General shall take into consideration reservation crime rates
and tribal law enforcement staffing needs of each Indian
tribal government.
``(3) Federal share.--Because of the Federal nature and
responsibility for providing public safety on Indian land,
the Federal share of the cost of any activity carried out
using a grant under this subsection--
``(A) shall be 100 percent; and
``(B) may be used to cover indirect costs.
``(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $40,000,000
for each of fiscal years 2011 through 2015.
``(k) Report.--Not later than 180 days after the date of
enactment of this subsection, the Attorney General shall
submit to Congress a report describing the extent and
effectiveness of the Community Oriented Policing (COPS)
initiative as applied in Indian country, including particular
references to--
``(1) the problem of intermittent funding;
``(2) the integration of COPS personnel with existing law
enforcement authorities; and
``(3) an explanation of how the practice of community
policing and the broken windows theory can most effectively
be applied in remote tribal locations.''.
SEC. 404. TRIBAL JAILS PROGRAM.
(a) In General.--Section 20109 of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 13709) is amended
by striking subsection (a) and inserting the following:
``(a) Reservation of Funds.--Notwithstanding any other
provision of this part, of amounts made available to the
Attorney General to carry out programs relating to offender
incarceration, the Attorney General shall reserve $35,000,000
for each of fiscal years 2011 through 2015 to carry out this
section.''.
(b) Regional Detention Centers.--
(1) In general.--Section 20109 of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 13709) is amended
by striking subsection (b) and inserting the following:
``(b) Grants to Indian Tribes.--
``(1) In general.--From the amounts reserved under
subsection (a), the Attorney General shall provide grants--
``(A) to Indian tribes for purposes of--
``(i) construction and maintenance of jails on Indian land
for the incarceration of offenders subject to tribal
jurisdiction;
``(ii) entering into contracts with private entities to
increase the efficiency of the construction of tribal jails;
and
``(iii) developing and implementing alternatives to
incarceration in tribal jails;
``(B) to Indian tribes for the construction of tribal
justice centers that combine tribal police, courts, and
corrections services to address violations of tribal civil
and criminal laws;
``(C) to consortia of Indian tribes for purposes of
constructing and operating regional detention centers on
Indian land for long-term incarceration of offenders subject
to tribal jurisdiction, as the applicable consortium
determines to be appropriate.
``(2) Priority of funding.--in providing grants under this
subsection, the Attorney General shall take into
consideration applicable--
``(A) reservation crime rates;
``(B) annual tribal court convictions; and
``(C) bed space needs.
``(3) Federal share.--Because of the Federal nature and
responsibility for providing public safety on Indian land,
the Federal share of the cost of any activity carried out
using a grant under this subsection shall be 100 percent.''.
(2) Conforming amendment.--Section 20109(c) of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
13709(c)) is amended by inserting ``or consortium of Indian
tribes, as applicable,'' after ``Indian tribe''.
(3) Long-term plan.--Section 20109 of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 13709) is
amended by adding at the end the following:
``(d) Long-term Plan.--Not later than 1 year after the date
of enactment of this subsection, the Attorney General, in
coordination with the Bureau of Indian Affairs and in
consultation with tribal leaders, tribal law enforcement
officers, and tribal corrections officials, shall submit to
Congress a long-term plan to address incarceration in Indian
country, including--
``(1) a description of proposed activities for--
``(A) construction, operation, and maintenance of juvenile
(in accordance with section 4220(a)(3) of the Indian Alcohol
and Substance Abuse Prevention and Treatment Act of 1986 (25
[[Page H5861]]
U.S.C. 2453(a)(3)) and adult detention facilities (including
regional facilities) in Indian country;
``(B) contracting with State and local detention centers,
on approval of the affected tribal governments; and
``(C) alternatives to incarceration, developed in
cooperation with tribal court systems;
``(2) an assessment and consideration of the construction
of Federal detention facilities in Indian country; and
``(3) any other alternatives as the Attorney General, in
coordination with the Bureau of Indian Affairs and in
consultation with Indian tribes, determines to be
necessary.''.
SEC. 405. TRIBAL PROBATION OFFICE LIAISON PROGRAM.
Title II of the Indian Tribal Justice Technical and Legal
Assistance Act of 2000 (25 U.S.C. 3681 et seq.) is amended by
adding at the end the following:
``SEC. 203. ASSISTANT PROBATION OFFICERS.
``To the maximum extent practicable, the chief judge or
chief probation or pretrial services officer of each judicial
district, in coordination with the Office of Tribal Justice
and the Office of Justice Services, shall--
``(1) appoint individuals residing in Indian country to
serve as probation or pretrial services officers or
assistants for purposes of monitoring and providing services
to Federal prisoners residing in Indian country; and
``(2) provide substance abuse, mental health, and other
related treatment services to offenders residing on Indian
land.''.
SEC. 406. TRIBAL YOUTH PROGRAM.
(a) Incentive Grants for Local Delinquency Prevention
Programs.--Section 504 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5783) is
amended--
(1) in subsection (a), by inserting ``, or to federally
recognized Indian tribe or consortia of federally recognized
Indian tribes under subsection (d)'' after ``subsection
(b)''; and
(2) by adding at the end the following:
``(d) Grants for Tribal Delinquency Prevention and Response
Programs.--
``(1) In general.--The Administrator shall make grants
under this section, on a competitive basis, to eligible
Indian tribes or consortia of Indian tribes, as described in
paragraph (2)--
``(A) to support and enhance--
``(i) tribal juvenile delinquency prevention services; and
``(ii) the ability of Indian tribes to respond to, and care
for, juvenile offenders; and
``(B) to encourage accountability of Indian tribal
governments with respect to preventing juvenile delinquency
and responding to, and caring for, juvenile offenders.
``(2) Eligible indian tribes.--To be eligible to receive a
grant under this subsection, an Indian tribe or consortium of
Indian tribes shall submit to the Administrator an
application in such form and containing such information as
the Administrator may require.
``(3) Considerations.--In providing grants under this
subsection, the Administrator shall take into consideration,
with respect to the Indian tribe to be served, the--
``(A) juvenile crime rates;
``(B) dropout rates; and
``(C) number of at-risk youth.
``(4) Authorization of appropriations.--There is authorized
to be appropriated $25,000,000 for each of fiscal years 2011
through 2015.''.
(b) Coordinating Council on Juvenile Justice and
Delinquency Prevention.--Section 206(a)(2) of the Juvenile
Justice and Delinquency Prevention Act of 1974 (42 U.S.C.
5616(a)(2)) is amended--
(1) in subparagraph (A), by striking ``Nine'' and inserting
``Ten''; and
(2) in subparagraph (B), by adding at the end the
following:
``(iv) One member shall be appointed by the Chairman of the
Committee on Indian Affairs of the Senate, in consultation
with the Vice Chairman of that Committee and the Chairman and
Ranking Member of the Committee on Natural Resources of the
House of Representatives.''.
SEC. 407. IMPROVING PUBLIC SAFETY PRESENCE IN RURAL ALASKA.
(a) Definitions.--In this section:
(1) State.--
(A) In general.--The term ``State'' means the State of
Alaska.
(B) Inclusion.--The term ``State'' includes any political
subdivision of the State of Alaska.
(2) Village public safety officer.--The term ``village
public safety officer'' means an individual employed as a
village public safety officer under the program established
by the State pursuant to Alaska Statute 18.65.670.
(3) Tribal organization.--The term ``tribal organization''
has the meaning given that term in section 4 of the Indian
Self-Determination and Educational Assistance Act (25 U.S.C.
450b(l)).
(b) COPS Grants.--The State and any Indian tribe or tribal
organization in the State that employs a village public
safety officer shall be eligible to apply for a grant under
section 1701 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796dd) (provided that only an Indian
tribe or tribal organization may receive a grant under the
tribal resources grant program under subsection (j) of that
section) on an equal basis with other eligible applicants for
funding under that section.
(c) Staffing for Adequate Fire and Emergency Response
Grants.--The State and any Indian tribe or tribal
organization in the State that employs a village public
safety officer shall be eligible to apply for a grant under
the Staffing for Adequate Fire and Emergency Response program
under section 34 of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229a) on an equal basis with other
eligible applicants for funding under that program.
(d) Training for Village Public Safety Officers and Tribal
Law Enforcement Positions Funded Under COPS Program.--
(1) In general.--Any village public safety officer or
tribal law enforcement officer in the State shall be eligible
to participate in any training program offered at the Indian
Police Academy of the Federal Law Enforcement Training
Center.
(2) Funding.--Funding received pursuant to grants approved
under section 1701 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd) may be used for
training of officers at programs described in paragraph (1)
or at a police academy in the State certified by the Alaska
Police Standards Council.
(e) Funds for Courts of Law Enforcement Officers.--Section
112(a) of the Consolidated Appropriations Act, 2004 (Public
Law 108-199; 118 Stat. 62) is amended--
(1) by striking paragraph (1);
(2) by redesignating subparagraphs (A) and (B) of paragraph
(2) as paragraphs (1) and (2), respectively, and indenting
appropriately; and
(3) by redesignating clauses (i) through (iv) of paragraph
(2) (as so redesignated) as subparagraphs (A) through (D),
respectively, and indenting appropriately.
TITLE V--INDIAN COUNTRY CRIME DATA COLLECTION AND INFORMATION SHARING
SEC. 501. TRACKING OF CRIMES COMMITTED IN INDIAN COUNTRY.
(a) Gang Violence.--Section 1107 of the Violence Against
Women and Department of Justice Reauthorization Act of 2005
(28 U.S.C. 534 note; Public Law 109-162) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (8) through (12) as
paragraphs (9) through (13), respectively;
(B) by inserting after paragraph (7) the following:
``(8) the Office of Justice Services of the Bureau of
Indian Affairs;'';
(C) in paragraph (9) (as redesignated by subparagraph (A)),
by striking ``State'' and inserting ``tribal, State,''; and
(D) in paragraphs (10) through (12) (as redesignated by
subparagraph (A)), by inserting ``tribal,'' before ``State,''
each place it appears; and
(2) in subsection (b), by inserting ``tribal,'' before
``State,'' each place it appears.
(b) Bureau of Justice Statistics.--Section 302 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3732) is amended--
(1) in subsection (c)--
(A) in each of paragraphs (3) through (6), by inserting
``tribal,'' after ``State,'' each place it appears;
(B) in paragraph (7), by inserting ``and in Indian
country'' after ``States'';
(C) in paragraph (9), by striking ``Federal and State
Governments'' and inserting ``Federal Government and State
and tribal governments'';
(D) in each of paragraphs (10) and (11), by inserting ``,
tribal,'' after ``State'' each place it appears;
(E) in paragraph (13), by inserting ``, Indian tribes,''
after ``States'';
(F) in paragraph (17)--
(i) by striking ``State and local'' and inserting ``State,
tribal, and local''; and
(ii) by striking ``State, and local'' and inserting
``State, tribal, and local'';
(G) in paragraph (18), by striking ``State and local'' and
inserting ``State, tribal, and local'';
(H) in paragraph (19), by inserting ``and tribal'' after
``State'' each place it appears;
(I) in paragraph (20), by inserting ``, tribal,'' after
``State''; and
(J) in paragraph (22), by inserting ``, tribal,'' after
``Federal'';
(2) in subsection (d)--
(A) by redesignating paragraphs (1) through (6) as
subparagraphs (A) through (F), respectively, and indenting
the subparagraphs appropriately;
(B) by striking ``To insure'' and inserting the following:
``(1) In general.--To ensure''; and
(C) by adding at the end the following:
``(2) Consultation with indian tribes.--The Director,
acting jointly with the Assistant Secretary for Indian
Affairs (acting through the Office of Justice Services) and
the Director of the Federal Bureau of Investigation, shall
work with Indian tribes and tribal law enforcement agencies
to establish and implement such tribal data collection
systems as the Director determines to be necessary to achieve
the purposes of this section.'';
(3) in subsection (e), by striking ``subsection (d)(3)''
and inserting ``subsection (d)(1)(C)'';
(4) in subsection (f)--
(A) in the subsection heading, by inserting ``, Tribal,''
after ``State''; and
(B) by inserting ``, tribal,'' after ``State''; and
(5) by adding at the end the following:
``(g) Reports.--Not later than 1 year after the date of
enactment of this subsection, and annually thereafter, the
Director shall submit to Congress a report describing the
data collected and analyzed under this section relating to
crimes in Indian country.''.
(c) Effect of Grants.--Nothing in this section or any
amendment made by this section--
(1) allows the grant to be made to, or used by, an entity
for law enforcement activities that the entity lacks
jurisdiction to perform; or
(2) has any effect other than to authorize, award, or deny
a grant of funds to a federally recognized Indian tribe for
the purposes described in the relevant grant program.
SEC. 502. CRIMINAL HISTORY RECORD IMPROVEMENT PROGRAM.
(a) In General.--Section 1301(a) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796h(a)) is
amended by inserting ``, tribal,'' after ``State''.
(b) Effect of Grants.--Nothing in this section or any
amendment made by this section--
[[Page H5862]]
(1) allows the grant to be made to, or used by, an entity
for law enforcement activities that the entity lacks
jurisdiction to perform; or
(2) has any effect other than to authorize, award, or deny
a grant of funds to a federally recognized Indian tribe for
the purposes described in the relevant grant program.
TITLE VI--DOMESTIC VIOLENCE AND SEXUAL ASSAULT PROSECUTION AND
PREVENTION
SEC. 601. PRISONER RELEASE AND REENTRY.
(a) Duties of Bureau of Prisons.--Section 4042 of title 18,
United States Code, is amended--
(1) in subsection (a)(4), by inserting ``, tribal,'' after
``State'';
(2) in subsection (b)(1), in the first sentence, by
striking ``officer of the State and of the local
jurisdiction'' and inserting ``officers of each State,
tribal, and local jurisdiction''; and
(3) in subsection (c)(1)--
(A) in subparagraph (A), by striking ``officer of the State
and of the local jurisdiction'' and inserting ``officer of
each State, tribal, and local jurisdiction''; and
(B) in subparagraph (B), by inserting ``, tribal,'' after
``State'' each place it appears.
(b) Authority of Institute; Time; Records of Recipients;
Access; Scope of Section.--Section 4352(a) of title 18,
United States Code, is amended--
(1) in paragraphs (1), (3), (4), and (8), by inserting
``tribal,'' after ``State,'' each place it appears;
(2) in paragraph (6)--
(A) by inserting ``and tribal communities,'' after
``States''; and
(B) by inserting ``, tribal,'' after ``State''; and
(3) in paragraph (12) by inserting ``, tribal,'' after
``State''.
SEC. 602. DOMESTIC AND SEXUAL VIOLENCE OFFENSE TRAINING.
Section 3(c)(9) of the Indian Law Enforcement Reform Act
(25 U.S.C. 2802(c)(9)) (as amended by section 101(a)(2)) is
amended by inserting before the semicolon at the end the
following: ``, including training to properly interview
victims of domestic and sexual violence and to collect,
preserve, and present evidence to Federal and tribal
prosecutors to increase the conviction rate for domestic and
sexual violence offenses for purposes of addressing and
preventing domestic and sexual violent offenses''.
SEC. 603. TESTIMONY BY FEDERAL EMPLOYEES.
The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et
seq.) (as amended by section 305) is amended by adding at the
end the following:
``SEC. 16. TESTIMONY BY FEDERAL EMPLOYEES.
``(a) Approval of Employee Testimony or Documents.--
``(1) In general.--The Director of the Office of Justice
Services or the Director of the Indian Health Service, as
appropriate (referred to in this section as the `Director
concerned'), shall approve or disapprove, in writing, any
request or subpoena from a tribal or State court for a law
enforcement officer, sexual assault nurse examiner, or other
employee under the supervision of the Director concerned to
provide documents or testimony in a deposition, trial, or
other similar criminal proceeding regarding information
obtained in carrying out the official duties of the employee.
``(2) Deadline.--The court issuing a subpoena under
paragraph (1) shall provide to the appropriate Federal
employee (or agency in the case of a document request) notice
regarding the request to provide testimony (or release a
document) by not less than 30 days before the date on which
the testimony will be provided.
``(b) Approval.--
``(1) In general.--The Director concerned shall approve a
request or subpoena under subsection (a) if the request or
subpoena does not violate the policy of the Department to
maintain impartiality.
``(2) Failure to approve.--If the Director concerned fails
to approve or disapprove a request or subpoena for testimony
or release of a document by the date that is 30 days after
the date of receipt of notice of the request or subpoena, the
request or subpoena shall be considered to be approved for
purposes of this section.''.
SEC. 604. COORDINATION OF FEDERAL AGENCIES.
Any report of the Secretary of Health and Human Services to
Congress on the development of Indian victim services and
victim advocate training programs shall include any
recommendations that the Secretary determines to be necessary
to prevent the sex trafficking of Indian women.
SEC. 605. SEXUAL ASSAULT PROTOCOL.
The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et
seq.) (as amended by section 603) is amended by adding at the
end the following:
``SEC. 17. POLICIES AND PROTOCOL.
``The Director of the Indian Health Service, in
coordination with the Director of the Office of Justice
Services and the Director of the Office on Violence Against
Women of the Department of Justice, in consultation with
Indian Tribes and Tribal Organizations, and in conference
with Urban Indian Organizations, shall develop standardized
sexual assault policies and protocol for the facilities of
the Service, based on similar protocol that has been
established by the Department of Justice.''.
SEC. 606. STUDY OF IHS SEXUAL ASSAULT AND DOMESTIC VIOLENCE
RESPONSE CAPABILITIES.
(a) Study.--The Comptroller General of the United States
shall--
(1) conduct a study of the capability of Indian Health
Service facilities in remote Indian reservations and Alaska
Native villages, including facilities operated pursuant to
contracts or compacts under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b et seq.), to
collect, maintain, and secure evidence of sexual assaults and
domestic violence incidents required for criminal
prosecution; and
(2) develop recommendations for improving those
capabilities.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on Indian Affairs of the Senate and the
Committee on Natural Resources of the House of
Representatives a report describing the results of the study
under subsection (a), including the recommendations developed
under that subsection, if any.
The SPEAKER pro tempore (Mr. Pascrell of New Jersey). Pursuant to the
rule, the gentleman from West Virginia (Mr. Rahall) and the gentleman
from Washington (Mr. Hastings) each will control 20 minutes.
The Chair recognizes the gentleman from West Virginia.
Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
(Mr. RAHALL asked and was given permission to revise and extend his
remarks.)
Mr. RAHALL. On January 19, 2010, the House passed H.R. 725 under
suspension of the rules. This bill, introduced by our colleague from
Arizona, Mr. Ed Pastor, would improve prosecution of unlawful
misrepresentation and counterfeiting of American Indian jewelry,
pottery, baskets, rugs, and other items under the Indian Arts and
Crafts Act of 1990.
H.R. 725 would authorize any Federal law enforcement officer to
conduct an investigation of an offense involving the sale of any good
that is misrepresented as an Indian-produced good or product that
occurs within the United States.
{time} 1120
On June 23, 2010, the Senate passed H.R. 725 by unanimous consent
without changes to the House-passed text. However, the Senate did add
the language of the Tribal Law and Order Act of 2010 introduced by
Senator Dorgan. The House counterpart is H.R. 1924, sponsored by our
colleague and valued member of the Natural Resources Committee,
Representative Herseth Sandlin.
In addition, the Senate included provisions from H.R. 1333, which was
introduced by Mr. Grijalva. H.R. 1333 passed the House by voice vote on
September 30, 2009, and would permit tribal governments to use display
fireworks for ceremonial and other purposes.
Despite the Federal responsibilities to protect Indian communities,
the violent crime rate on reservations is 2\1/2\ times the national
average. Amnesty International estimates that more than one in three
Native women will be raped in their lifetimes. The Tribal Law and Order
Act addresses these critical tribal public safety and justice issues by
establishing accountability measures for Federal agencies responsible
for investigating and prosecuting reservation crime and by providing
tribes with additional tools to combat crime locally.
Among other vital improvements to existing law, the Tribal Law and
Order Act would, one, require the Department of Justice to maintain
data on criminal declinations and share evidence with tribal justice
officials when a case is declined; number two, authorize tribes to
increase sentencing authority for up to 3 years in certain situations;
number three, provide tribal police with greater access to criminal
history databases such as the National Crime Information Center; and,
four, mandate that Indian Health Service and Bureau of Indian Affairs
officials provide documents and testimony in prosecutions before tribal
courts.
In short, the Tribal Law and Order bill would address the profound
public safety needs and provide the additional law enforcement and
criminal justice resources sorely needed on Indian reservations across
the country.
I want to commend our colleague, the gentleman from Arizona (Mr.
Pastor), for his hard work and dedication to this legislation. I also
thank Ms. Herseth Sandlin for her efforts for championing the tribal
law and order portion of the bill. Both Members are addressing long-
standing problems in Indian Country, and I ask my colleagues to support
its passage.
I reserve the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, I yield myself such time as
I may consume.
Mr. Speaker, included in this legislation are a great many important
anti-
[[Page H5863]]
crime, anti-violence provisions that will assist and support Indian
tribes across the country. There is considerable bipartisan support for
what this bill aims to do, and yet today it is being considered before
the House using a process and procedure that elicits opposition.
Mr. Speaker, let me be clear: The objections that I will express
today are focused squarely on the matter in which the House leaders
have chosen to have this bill debated.
Violence and crime against Indians is a serious problem deserving the
attention of this Congress. Such an important issue as this should not
be relegated to the suspension calendar where innocuous bills are often
given just cursory consideration. The process being used today to
consider this legislation is normally reserved for bills such as naming
post offices and congratulating sports teams on winning championships.
Addressing crimes against Indians deserves to be considered in a much
more serious, thorough process.
Furthermore, the manner in which this bill was passed in the Senate
and being considered in this House is unfair to not only all 435
Members of the House but also to every Indian constituent that they
represent. A procedure is being used to consider this bill that denies
every House Member the ability to offer a suggestion to improve it,
even Members whose Indian constituents may seek such improvements.
The bill before us today, H.R. 725, started out as an Indian Arts and
Craft Amendments Act of 2010. It was an innocuous 10-page bill with
almost no cost whose purpose was to address counterfeit arts and crafts
wrongfully marketed as Indian-made product. There was almost no
disagreements over the merits and policies of this bill when it first
passed this body.
The Senate took H.R. 725 and attached the tribal law and order
provisions. Again, these are policies that merit action by Congress on
which I believe there is a great deal of agreement. Yet the process and
manner by which this is being done is generating opposition. When a
widely supported arts and crafts bill that is just a few pages in
length and which costs nothing is changed by the Senate to run over 100
pages with authorized spending of over a billion dollars, to me, Mr.
Speaker, that is simply unacceptable.
As I said, I oppose this controversial process and procedure being
used on a bill of this magnitude. I opposed such procedures in the
past, and I've opposed such a process as the ranking member of this
committee, most notably on the omnibus lands bill that passed last
year.
So I regret that I must stand here today and oppose passing this bill
using this process. Indian Country deserves more attention and better
treatment than to have this legislation appear on a suspension calendar
which is most often used, as I mentioned before, to name post offices.
A bill on an issue as important as this should not be heard because it
does disrespect to the committees. And it should be given more than 40
minutes of the House's attention.
The Members of this House deserve a fair opportunity to improve
legislation--not to be totally blocked from offering any suggestions
including any sought by their Indian constituents. Again, when a
process is used to transform a several-page, no-cost bill on Indian
arts and crafts into a 100-page billion dollar bill on violence and
crime, then it should not be considered in this manner. It deserves the
true attention of all Members of this House.
For those reasons, Mr. Speaker, I urge my colleagues to oppose this
bill under this unfair process.
With that, I reserve the balance of my time.
Mr. RAHALL. Mr. Speaker, I yield 3 minutes to the gentleman that has
helped bring this legislation to the floor of the House, the gentleman
from Arizona (Mr. Pastor).
(Mr. PASTOR of Arizona asked and was given permission to revise and
extend his remarks.)
Mr. PASTOR of Arizona. Mr. Speaker, the underlying bill, the Indian
Arts and Crafts Amendment bill, started in the Senate. It started with
Senator McCain and Senator Kyl from Arizona. The Senate passed that
particular bill from the Senate. It came over here. And as Chairman
Rahall told you, my companion bill, the bill that I authored, was
passed by the House and mirrored the bill passed in the Senate.
When it went over to the Senate, the Indian Arts and Crafts bill,
checking with Senator McCain and Senator Kyl, the amendment was added
to the bill, the underlying bill. The Senate, by unanimous consent,
took the amended bill and sent it back to us for our consideration, and
that's where we are today.
Mr. Speaker, I will tell you that this bill has been heard in the
Senate, has been heard in the House--the underlying bill as well as the
amendment--and, Mr. Speaker, I will tell you that there is concurrence
in Indian Country that this bill is supported. There is concurrence
here with the Native American Caucus, which is a bipartisan caucus that
deals with the interests, the positive interests, of Native American
issues, who are in support of it.
The gentleman objects because of the procedure, but the content and
the support is there. And so I would ask my colleagues, both on the
Republican side and the Democratic side, to support this bill, which
has had the scrutiny of the Senate and the House and a bill that has
the approval, unanimous consent, in a bipartisan manner.
{time} 1130
It's very rarely that we see this type of cooperation between the
House and the Senate, much less cooperation in a bipartisan manner. So
I would ask my colleagues to support this bill and have it pass and be
signed by the President.
Mr. HASTINGS of Washington. Mr. Speaker, I'm pleased to yield 3
minutes to the gentleman from Oklahoma (Mr. Cole).
Mr. COLE. I thank the gentleman for yielding.
Mr. Speaker, I rise today in support of H.R. 725, the Senate
amendments to the Indian Arts and Crafts Amendment Act. This bill was
originally passed in this body by a voice vote. In the Senate, however,
the bill was amended to include the tribal law and order bill, and
that's what I want to focus my remarks on today.
This bill passed the United States Senate by unanimous consent after
Senator Coburn and the Senate Republican Senate Study Committee
negotiated certain spending reductions and addressed spending concerns.
There's no question, I think both sides of the aisle agree, that the
Federal Government has a new unique obligation to ensure that these
Americans, the first Americans, are granted the same public safety
rights and protections that other American citizens enjoy. Law
enforcement in Indian Country, however, has been woefully underfunded
and mismanaged over decades, resulting in a drastic situation for many
of our fellow Americans.
I want to particularly thank my colleague Representative Stephanie
Herseth Sandlin and her staff for the remarkably bipartisan way in
which she worked with my staff and myself to address some of the
concerns that we had. Obviously, I want to thank my fellow chairman of
the Native American Caucus, Dale Kildee, and some of my Republican
coauthors and supporters of this legislation like Representatives
Simpson, Calvert and Kline.
However, I agree very much with my colleague Mr. Hastings' concern
that this legislation should have been brought to this body under a
rule, because it is indeed a major spending piece of legislation and
there are many important and dramatic changes in Federal law, and we
should have treated it under normal process. That's a legitimate
Republican concern. I think it ought to be a concern of everybody in
this body, and quite frankly, we will lose votes today on this
legislation because of the manner in which it was brought to the floor,
and that is unfortunate. Frankly, if we don't make it today, it will be
because the Democratic leadership chose to bring it to the floor this
way. Had it been brought under normal order, it would pass easily.
However, having said that, I think this is a case in which substance
must trump process for the good of our fellow Americans in Indian
Country. The problems as I mentioned earlier are severe. On Indian
reservations crime is 2\1/2\ times the national average. One in three
Native women will be raped over the course of a lifetime. We have only
[[Page H5864]]
3,000 tribal officers to cover 56 million acres of Indian Country, and
even if criminals are apprehended, many tribal law enforcement
officials have not had the opportunity to receive the training and
resources they need to adequately carry out their duties and secure
convictions. Further, if the perpetrator is a non-Indian, it becomes a
maze of Federal, State, and tribal law to determine whose
responsibility it is to prosecute crimes.
We have had a very difficult legislative process to work through some
of these problems. This bill isn't a cure-all but it's an important
start in moving in the right direction.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. HASTINGS of Washington. I yield the gentleman 1 additional
minute.
Mr. COLE. I thank the gentleman.
This bill not only reauthorizes existing programs at existing or last
appropriated levels--in other words, there's no new spending in this
bill--it provides enhanced sentencing authority so the tribes may
impose longer sentences on Native Americans, not on nontribal citizens
or non-Native Americans. It enhances evidence sharing and Federal
accountability, and increases officers on the ground in Indian Country.
It streamlines the process for the BIA and IHS employees to testify in
sexual assault cases, and reauthorizes funding to support tribal
courts.
In closing, all Americans have the right to public safety and
security, but it's preeminently a Federal responsibility to protect
those rights in Indian Country. A vote against this bill, in my
opinion, is a vote to continue the status quo of rampant violence and
drug abuse in Indian Country, which we have an opportunity to make
significant progress on. This legislation will only pass as it did in
the Senate if it has significant bipartisan support, and I hope that
support is available here today. I urge my colleagues on both sides to
pass this important piece of legislation.
Mr. RAHALL. Mr. Speaker, one of the main movers of this legislation
is the gentlelady from South Dakota (Ms. Herseth Sandlin). She has been
a tremendous help on our Committee on Natural Resources on all issues
but especially those affecting Indian Country, and Indian Country can
be very proud of the friend they have in Stephanie Herseth Sandlin.
I yield 5 minutes to the gentlewoman.
Ms. HERSETH SANDLIN. Mr. Speaker, I want to first thank Chairman
Rahall for yielding me time and for his outstanding leadership of the
Natural Resources Committee and his Office of Indian Affairs in moving
this important legislation forward.
I would also like to thank the Judiciary Committee chairman, Mr.
Conyers, as well as my good friend, Mr. Scott, chairman of the
Subcommittee on Crime, Terrorism and Homeland Security. Through their
efforts on the Judiciary Committee, the bill has been strengthened in
its final form.
I would like to thank my good friend the gentleman from Oklahoma (Mr.
Cole) and his staff for his strong partnership in moving this important
bill through the House.
I urge my colleagues to support this bipartisan bill that passed the
Senate by unanimous consent. The Tribal Law and Order Act will improve
law enforcement efforts and combat sexual assault and drug smuggling in
Indian Country. It reauthorizes existing programs designed to
strengthen tribal courts, police departments, and correction centers,
as well as programs to prevent and treat alcohol and substance abuse,
and improve opportunities for at-risk Indian youth.
A vote against this bill is a vote to keep the status quo, a status
quo where it's estimated that one in three American Indian women and
Alaska Native women will be raped in their lifetime.
A vote against this bill will maintain the status quo, a status quo
where drug trafficking organizations are targeting Indian reservations
to manufacture and distribute illegal substances because of the lack of
law enforcement on Indian land.
Native American families, like all families, deserve a basic sense of
safety and security in their community. Law enforcement is one of the
Federal Government's trust obligations to federally recognized tribes.
Yet as tribes all across the country know all too well, Congress is
failing to meet that obligation.
The situation is particularly challenging for large, land-based
reservations in South Dakota and elsewhere. Officials from the Oglala
Sioux Department of Public Safety recently had six officers to cover
the Pine Ridge Reservation, an area larger than the States of Delaware
and Rhode Island combined.
The kinds of problems that arise from such a limited law enforcement
presence include the case of a young woman living on the Pine Ridge
Reservation. She'd received a restraining order against an ex-boyfriend
who battered her. One night she was home alone, woke up as he attempted
to break into her home with a crowbar. She immediately called the
police, but due to a lack of land lines for telephones and spotty cell
phone coverage, the call was cut off three times before she reported
her situation to the dispatcher. The nearest officer was about 40 miles
away, and even though the police officer who took the call started
driving to her home at 80 miles an hour, by the time he arrived the
woman was severely bloodied and beaten and the perpetrator had escaped.
Today, the House has an opportunity to deal with these issues, to
deal with these issues and so many others to make a difference in the
lives of Native Americans across the country. The Senate has already
unanimously approved it.
Senator Jon Kyl, the Republican whip, said when the bill passed the
Senate, ``Many tribal communities today lack the support and tools
needed to combat the terrible violence and crimes they experience.
That's why I applaud the passage of the Tribal Law and Order Act, which
authorizes desperately needed funds for law enforcement in Indian
Country.''
Senator John Barrasso, vice chairman of the Senate Indian Affairs
Committee added, ``Through this bill we are sending a strong message
that Indian reservations will not be a haven for criminal activity,
drug trafficking, gangs, or abuse.''
The Tribal Law and Order Act also has the support of the
administration, the National Congress of American Indians, and many
other tribal, State, and local governments and organizations.
{time} 1140
We have worked for years, over many Congresses, in field hearings
where Members of this body and their staff have traveled to South
Dakota and to other Native American communities to fully understand the
magnitude of this problem and the importance of acting in this
Congress, working with the Senate in a bipartisan way through weeks and
months of negotiations to make responsible changes to this bill to
address the concerns that Members on both sides of the aisle had
expressed about the bill. We have made those changes.
Senator Coburn has been satisfied that we have made those changes. We
have worked diligently in the committees of jurisdiction to address the
changes, to ask what it is that any Member has to get them to a
``yes.'' We can't delay any further. Native American women and their
children are the most at risk. The statistics bear it out.
I ask my colleagues to join me in passing this important bipartisan
bill and send it to the President for his signature.
Mr. Speaker, I would like to include in the Record the following
letters and resolutions in support of H.R. 725.
National Congress
of American Indians,
Washington, DC, June 29, 2010.
Hon. John Conyers,
Chair, Committee on the Judiciary, House of Representatives,
Washington, DC.
Hon. Lamar Smith,
Ranking Member, Committee on the Judiciary, House of
Representatives, Washington, DC.
Dear Chairman Conyers and Ranking Member Smith: On behalf
of the National Congress of American Indians, I write to
strongly urge your support for the revised version of the
Tribal Law and Order Act, unanimously approved in the Senate
on June 23, 2010, and included within a House-passed version
of the Indian Arts & Crafts Act (H.R. 725). This bipartisan
legislation is of critical importance to improving public
safety on Indian reservations throughout the country, and we
urge you to support proceeding with the passage of the
legislation on the floor of the House of Representatives.
The House Judiciary Committee held a hearing on the
companion bill (H.R. 1924) in
[[Page H5865]]
December, and Marcus Levings, Chairman of the Mandan, Arikara
& Hidatsa Nation, provided testimony on behalf of NCAI that
also detailed the effects of crime on his tribe and his
family. Despite the federal responsibilities to protect
Indian communities, the violent crime rate on reservations is
two and a half times the national average; Native women are
victims of rape and sexual assault at three times the
national average; and tribal lands are increasingly the
target of drug trafficking and gang-related activity. These
problems are exacerbated by the fact that the Department of
Justice is subject to little oversight on its performance.
The Denver Post has reported that the federal government
declines to prosecute 62% of Indian country criminal cases
referred to federal prosecutors, including 75% of child and
adult sex crimes. We would like to particularly thank
Chairman Scott and the Crime, Terrorism, and Homeland
Security Subcommittee for their work on the legislation.
The Senate bill has incorporated a number of changes at the
suggestion of the Subcommittee, as well as amendments
suggested by both Democratic and Republican Senators. In
addition, the bill has received a great deal of input from
the Department of Justice, the federal Judicial Conference,
and from tribal leaders and law enforcement officials across
the country. As approved by the Senate, H.R. 725 is well-
vetted and bi-partisan legislation that is necessary to
address the regrettable public safety trends that exist on
Indian lands.
When enacted, the Tribal Law & Order Act will:
Require the Department of Justice to maintain and compile
data on declinations of Indian country cases and submit
annual reports to Congress;
Authorize the DOJ to appoint special tribal prosecutors to
assist in prosecuting Indian country crimes;
Expand the special law enforcement commissions program,
clarify the standards required of tribal officers, and permit
flexibility in reaching MOUs between the BIA and tribal
governments that seek special commissions;
Allow tribal law enforcement personnel to obtain training
at various accredited facilities, instead of insisting all
BIA police officers receive training from the lone Indian
Police Academy in Artesia, New Mexico;
Encourage cooperation between state and tribal law
enforcement;
Increase and clarify tribal sentencing authority under the
Indian Civil Rights Act; and
Enable BIA and tribal police access to Federal criminal
information databases.
When enacted, the Tribal Law and Order Act will address
these and other critical shortcomings in the criminal justice
system. That is why I respectfully request your active
support to ensure House passage of H.R. 725.
Sincerely,
Jefferson Keel,
NCAI President.
____
July 20, 2010.
Re. Tribal Law and Order Act (H.R. 725).
Hon. John Conyers, Jr.,
Chairman, Committee on the Judiciary, House of
Representatives, Washington, DC.
Hon. Nick J. Rahall II,
Chairman, Committee on Natural Resources, House of
Representatives, Washington, DC.
Hon. Lamar Smith,
Ranking Member, Committee on the Judiciary, House of
Representatives, Washington, DC.
Hon. Doc Hastings,
Ranking Member, Committee on Natural Resources, House of
Representatives, Washington, DC.
Dear Members: As former United States Attorneys appointed
by President George W. Bush--and as Republicans committed to
helping Indian tribes and nations fight violent crime--we
strongly support the Tribal Law and Order Act and urge you to
pass H.R. 725 now.
Enacting this bill will help make federal prosecutors
serving Indian Country more accountable and responsive to
local needs. H.R. 725 will also provide tribal governments
with more flexible sentencing authority that respects the
rights of crime victims and criminal defendants alike.
Communities across Indian Country stand to gain from the
prudent use of these enhanced tools to enforce the rule of
law.
These and other key provisions of the Tribal Law and Order
Act have been debated for many years. Meanwhile, violent
crime rates throughout much of Indian Country have remained
unacceptably high--at least two-and-half times the national
average. Now is the time for the House to act by passing H.R.
725.
Thank you for your leadership and service to the country we
love.
Sincerely,
Hon. Thomas B. Heffelfinger,
Former United States Attorney for the District of Minnesota
(1991-1993; 2001-2006).
Hon. Troy A. Eid,
Former United States Attorney for the District of Colorado
(2006-2009).
____
Amnesty International,
July 2, 2010.
Hon. John Conyers,
Chair, Committee on the Judiciary, House of Representatives,
Washington, DC.
Hon. Lamar Smith,
Ranking Member, Committee on the Judiciary, House of
Representatives, Washington, DC.
Dear Chairman Conyers and Ranking Member Smith: On behalf
of Amnesty International USA's nearly half a million members,
I am writing to strongly urge your support for the Tribal Law
and Order Act of 2009, the provisions of which were included
in the Senate-passed version of H.R. 725, The Indian Arts and
Crafts Amendment Act of 2010.
The Tribal Law and Order Act, which serves as a long
overdue effort to address violent crime and public safety
issues in Indian Country, would enhance the criminal justice
system in Indian Country by improving coordination and
communication between federal, state, local and tribal law
enforcement agencies. Amnesty International USA strongly
supports the Act and encourages you to support proceeding
with the passage of H.R. 725, including the Tribal Law and
Order Act provisions, on the floor of the House of
Representatives.
In 2007, Amnesty International USA released the report Maze
of Injustice: The failure to protect Indigenous women from
sexual violence in the USA. The report revealed violence
against Native American and Alaska Native women at epidemic
proportions. This violence is an ongoing violation of Native
American and Alaska Native women's most fundamental human
rights and freedoms. For example, Native American and Alaska
Native women are more than two and a half times more likely
to be raped or sexually assaulted than women in the United
States in general. More than one in three Native American and
Alaska Native women will be raped in their lifetime and,
according to Department of Justice statistics, 86 per cent of
perpetrators of sexual assault and rape against Native women
are non-Native men.
Because of a confusing maze of federal, state and tribal
laws and jurisdictions, perpetrators of this particularly
brutal form of violent crime are frequently not brought to
justice. A number of factors enable perpetrators to get away
with their crimes, and any effort to reverse that trend must
be comprehensive. But the ability of Native women survivors
of sexual violence to access comprehensive and quality health
care after an assault will in large part determine whether we
are able to reverse this trend, or if it will continue. If
Native women survivors of sexual assault cannot access
properly and sensitively administered sexual assault forensic
examinations and if IHS personnel that conducted those
examinations are not available to provide expert testimony in
a court of law, sexual assault cases are almost certain not
to be prosecuted.
The Tribal Law and Order Act was drafted in direct response
to concerns raised by tribal leaders, tribal organizations,
Native American and Alaska Native women and the AIUSA report,
which helped bring widespread attention to the high rates of
crimes on tribal lands and the obstacles that victims face in
securing justice. Specifically, the Tribal Law and Order Act
will serve to:
Clarify the responsibilities of federal, state, and tribal
governments with respect to crimes committed in tribal
communities;
Increase coordination and communication among federal,
state, and tribal law enforcement agencies;
Restore tribal governments with necessary authority,
resources, and information to address crimes committed on
tribal land;
Combat violence against Native American and Alaska Native
women, and;
Increase and standardize the collection and distribution of
criminal data among all levels of government responsible for
responding to and investigating crimes in tribal communities,
including the data necessary to establish whether or not
crimes are being prosecuted.
The Tribal Law and Order Act is strong, bi-partisan
legislation that addresses long overlooked human rights
abuses in Indian Country. For these reasons, we request your
active support to ensure House passage of H.R. 725 with the
provisions of the Tribal Law and Order Act attached.
Thank you for your time and consideration of this request
and we look forward to hearing from you.
Sincerely,
Larry Cox,
Executive Director, Amnesty International USA.
Charon Asetoyer,
Chair, Native American and Alaska Native Advisory Council.
____
April 26, 2010.
Dear Representative/Senator Smith, As representatives of
diverse religious faiths
[[Page H5866]]
and beliefs, we write in support of the Tribal Law and Order
Act of 2009 (HR 1924/S 797). We ask that you honor the two
and a half million American Indians and Alaska Natives in our
country by cosponsoring this essential bill.
Native Americans, the poorest ethnic group in the United
States, live in the midst of a public safety crisis and are
therefore a doubly victimized people. Crime rates on
reservations are devastating. The average crime rate for
American Indians/Alaska Natives is 2.5 times the national
average. On some reservations however, the crime rate reaches
10 or 20 times the national average. Native American women
suffer from an epidemic of domestic and sexual violence, as
one in three Native women is raped in her life time. The
criminal justice system is so weak that tribal authorities
are left with no way to respond to crime on the reservation.
Crimes often do not get reported because victims and families
are all too aware of the broken system.
The Tribal Law and Order Act, written in direct
consultation with tribal leaders, addresses some of these
problems. It does this by:
Expanding tribal access to Federal and State records,
Providing greater Federal and State accountability and
transparency in criminal justice processes,
Streamlining protocols and policy regarding domestic
violence and sexual abuse, and
Requiring the Federal justice system to report and explain
the declination of cases.
When Indian tribes ceded their lands, the United States
made promises through treaties and other agreements. Among
them was the establishment of a trust responsibility for the
safety and well-being of Indian peoples in perpetuity. We
believe that honoring the trusts and treaties is a legal and
moral imperative. As people of faith, we urge you to
cosponsor the Tribal Law and Order Act to fulfill this
responsibility.
Sincerely,
Disciples Justice Action Network (Disciples of Christ);
The Episcopal Church; Evangelical Lutheran Church in
America; Franciscan Action Network; Friends Committee
on National Legislation (Quaker); Islamic Society of
North America; Mennonite Central Committee U.S.
Washington Office; Missionary Oblates; National
Advocacy Center of the Sisters of the Good Shepherd;
National Council of Churches of Christ in the USA;
Presbyterian Church (U.S.A.) Washington Office;
Unitarian Universalist Association of Congregations;
National Ministries, American Baptist Churches USA;
United Church of Christ, Justice and Witness
Ministries; United Methodist Church, General Board of
Church and Society; and VIVAT International.
____
American Bar Association,
Washington, DC, July 20, 2010.
Re Vote YES for Senate Amendments to H.R. 725, Indian Arts
and Crafts Amendments Act.
Dear Representative: I write on behalf of the American Bar
Association, which has nearly 400,000 members nationwide, to
support the Senate amendments to H.R. 725, the Indian Arts
and Crafts Amendments Act. We understand H.R. 725 may be
considered on the House suspension calendar as early as
Wednesday, July 21.
The Senate amendments to H.R. 725 incorporate S. 797, the
bipartisan Tribal Law and Order Act of 2009. This legislation
would address the violent crime rate in Indian country, which
is nearly twice the national average and more than 20 times
the national average on some reservations.
The ABA strongly supports the provisions of H.R. 725 that:
(1) authorize funding for the development and continued
operation of tribal justice systems; (2) address critical
barriers preventing the safety of American Indian and Alaska
Native women by boosting law enforcement efforts; (3) provide
tools to tribal justice officials to fight crime in their own
communities; (4) improve coordination between law enforcement
agencies; and (5) increase accountability standards.
The ABA strongly supports the Senate amendments which
strengthen protection and assistance for victims of gender-
based violence, including American Indian and Alaska Native
women. The ABA specifically urges Congress to enact this
legislation which (1) supports funding for legal assistance
for victims of gender-based violence; (2) supports funding to
provide training and education about gender-based violence
and the needs of victims; (3) supports efforts to foster a
multidisciplinary and community approach to serving victims
and ending gender-based violence; and (4) supports efforts to
ensure that perpetrators of gender-based violence are held
accountable.
The ABA urges you to vote yes for H.R. 725 when it is
considered on the Suspension calendar. Thank you for your
consideration of the ABA's views.
Sincerely,
Thomas M. Susman,
Director,
Governmental Affairs Office.
Mr. HASTINGS of Washington. Mr. Speaker, I reserve the balance of my
time.
Mr. RAHALL. Mr. Speaker, I join in thanking the chairman of the House
Judiciary Committee, Chairman John Conyers, for his help on this
legislation. In particular, I want to thank the subcommittee chairman
on Crime, Terrorism, and Homeland Security, the gentleman from
Virginia, Bobby Scott.
I yield 4 minutes to the gentleman from Virginia (Mr. Scott).
Mr. SCOTT of Virginia. I thank the gentleman for yielding.
I am very pleased to join my colleagues in support of the legislation
today, which includes the Tribal Law and Order Act of 2010.
Others have spoken about the epidemic of crime in our Nation's Indian
lands, but unfortunately the tribes have reported that many of the
crimes, including the very serious crimes such as rape and assault, are
not included among those prosecuted in Federal courts by U.S. Attorneys
either as a matter of case priorities or limited resources.
With inadequate funding and limited prosecutorial authority of the
tribes, even when the crimes are prosecuted in tribal court, the
limitation of 12 months on sentences in tribal court does not allow
sentences to address the more serious crimes. This bill allows tribal
authorities to respond to such crimes and to do so with more
appropriate consequences for the more serious and dangerous offenders.
At the same time, it improves the procedures in tribal courts and
better protects the rights of tribal defendants. Moreover, as it
authorizes more robust enforcement and more appropriate sentences, it
also authorizes key programs to address the root causes of crime. These
include juvenile delinquency prevention and summer youth programs, as
well as drug and alcohol abuse programs.
Finally, while empowering tribes to better police themselves, the
bill also addresses Federal law enforcement to do more and improves the
coordination among tribal, State, and Federal law enforcement agencies.
This is a practical effort to solve a very significant problem in our
country.
Mr. Speaker, this is a rare crime bill that comes to the floor of
this body with the kind of broad, bipartisan support that the Tribal
Law and Order Act has earned. This bill has the unanimous support of
the Senate. It has the support of tribal governments and organizations.
It has the support from the Justice Department and outside law
enforcement groups such as the National District Attorneys Association.
We also have the support of Amnesty International.
With that kind of bipartisan support, I urge all of the Members to
vote ``yes'' on the motion to suspend the rules and agree to the Senate
amendment.
Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 4
minutes to the gentleman from California (Mr. Daniel E. Lungren).
Mr. DANIEL E. LUNGREN of California. Mr. Speaker, at this time I
would like to enter into a colloquy with the chairman of the committee,
and I would like to address changes made to section 201 of the Tribal
Law and Order Act that concern Public Law No. 83-280, commonly known as
Public Law 280. This law was enacted on August 15, 1953, and Public Law
280 removed the Federal Government's special Indian country law
enforcement jurisdiction over almost all Indian lands in the States of
Alaska upon statehood, my home State of California, Minnesota,
Nebraska, Oregon, and Wisconsin, and permitted these States to exercise
criminal jurisdiction over those lands.
The act specifically provides that these States ``shall have
jurisdiction over offenses committed by or against Indians in the areas
of Indian country . . . to the same extent that such State . . . has
jurisdiction over offenses committed elsewhere within the State . . .
and the criminal laws of such State . . . shall have the same force and
effect within such Indian country as they have elsewhere within the
State.''
Section 201 of the Tribal Law and Order Act of 2010 allows the
Federal Government to reassume criminal jurisdiction on Public Law 280
lands when the affected Indian tribe requests the U.S. Attorney General
to do so. If the Attorney General concurs, the United States will
reassume jurisdiction to prosecute violations of the General and Major
Crimes Acts, sections 1152 and 1153 of title 18, that occur on the
requesting tribe's reservation. The
[[Page H5867]]
bill makes clear that once the United States assumes jurisdictions
pursuant to this provision, criminal authority on the affected
reservation will be concurrent among the Federal and State governments
and, ``where applicable,'' tribal governments.
I would like to ask the distinguished chairman of the Committee on
Natural Resources, Mr. Rahall, to make clear that nothing in the Tribal
Law and Order Act retracts jurisdiction from the State governments and
nothing in the act will grant criminal jurisdiction in Indian country
to an Indian tribe that does not currently have criminal jurisdiction
over such land.
I would yield to the chairman for that.
Mr. RAHALL. I thank the gentleman for yielding, and I respond to him
that he is correct.
Public Law 280 has been a mixed bag for both the tribes and the
States. The States that are subject to Public Law 280 possess authority
and responsibility to investigate and prosecute crimes committed on
reservations, but, because of subsequent court decisions that sharply
limited the extent of Public Law 280's grant of civil jurisdiction to
affect the States, these States have almost no ability to raise revenue
on Public Law 280 lands.
And to the extent that tribal governments retained concurrent
jurisdiction over crimes committed by Indians on these lands, such
authority is currently limited to no more than 1 year for any one
offense. As such, residents of reservations subject to Public Law 280
have to rely principally on sometimes underfunded State and local law
enforcement authorities to prosecute reservation crimes.
The phrase in section 201 that jurisdiction ``shall be concurrent
among the Federal Government, State government and, where applicable,
tribal governments'' is intended to clarify that the various State
governments that are currently subject to Public Law 280 will maintain
such criminal authority and responsibility.
In addition, this provision intends to make clear that tribal
governments subject to Public Law 280 maintain concurrent criminal
authority over offenses by Indians in Indian country where the tribe
currently has such authority.
Nothing in this provision will change the current law of criminal
jurisdiction for State or tribal government. It simply seeks to return
criminal authority and responsibility to investigate and prosecute
major crimes in Indian country to the United States where certain
conditions are met.
Mr. DANIEL E. LUNGREN of California. I thank the chairman for that.
The SPEAKER pro tempore (Mr. Cuellar). The time of the gentleman has
expired.
Mr. HASTINGS of Washington. I yield the gentleman an additional 2
minutes.
Mr. DANIEL E. LUNGREN of California. I concur with the interpretation
of the provision expressed by him, and I would like to thank him for
his clarification regarding the intent of the language in section 201
of this important legislation.
Mr. Speaker, although I intend to support this legislation, the
process under which the bill has been brought up can only be described
as stranger than fiction. While it might have been appropriate to
consider under suspension an act to protect Indian arts crafts, the
guts of that bill have been replaced with language that dramatically
affect the criminal justice system on tribal lands.
The House Judiciary Committee on which I serve had no markup, either
in subcommittee or at full committee, and although we did have a
subcommittee hearing on a different bill, H.R. 1924, which I attended
in full and found most interesting and helpful, we did not work our
will on the legislation.
{time} 1150
Why am I concerned about that? Because there are some very specific
parts of Indian law as it incorporates State law in PL-280 States that,
frankly, are not fully addressed in this bill. Among other things, it
is likely we will need to address the adequacy of the training
standards in the bill which are less rigorous than the Police Officer
Standards and Training Commission standards in my own State. As the
former chairman of that commission, I realize the seriousness of the
training requirements of law enforcement officers. Unfortunately, that
is not addressed in this bill.
Secondly, there is a concern expressed by law enforcement officials
in my State about the adequacy of protection of information. Under
current law, under the CLETS system, the California law enforcement
system dealing with criminal justice information, it is not currently
available to tribal authorities because of the lack of training and of
a concern about liability. As this now will be made available through
the national system with the Federal Government's work, the question of
liability if there is misuse of that information remains, and local law
enforcement in my State of California have informed me of their
continuing concern on this.
The SPEAKER pro tempore. The time of the gentleman has again expired.
Mr. HASTINGS of Washington. I yield the gentleman 1 additional
minute.
Mr. DANIEL E. LUNGREN of California. That is not enough for me to
oppose this bill because I think the essentials of this bill are
necessary for us to help protect those in Indian lands. But, Mr.
Speaker, the nature of Indian land is very different in different
States. Some States have very, very large reservations and very few
tribes, with very large populations in those tribes. California has, by
and large, very small geographic reservations and other properties that
are sovereign territory of the Indians involved. We have relatively
small bands, but large numbers of them. So we have a different set of
circumstances with which we have to deal. I had hoped that we would be
able to work legislation that would acknowledge that difference, but
unfortunately that did not happen here.
I will support this bill, but it is unfortunate that true concerns
expressed by law enforcement in PL-280 States and other areas of the
country were not taken into consideration here, and I hope we will have
a chance in the future to amend this legislation.
Mr. RAHALL. Mr. Speaker, I am happy to yield 2 minutes to another
member of our Natural Resources Committee, Representative Dale Kildee,
a classmate of mine and a gentleman who co-chairs the Native American
Caucus. Certainly Indian country has a true, true friend in this
gentleman from Michigan (Mr. Kildee).
Mr. KILDEE. I thank the gentleman for yielding.
Mr. Speaker, today I rise in strong support of the Tribal Law and
Order Act as an amendment to H.R. 725, the Indian Arts and Crafts
Amendments Act. I applaud the hard work and diligence of my friend and
colleague, Congresswoman Herseth Sandlin, for introducing this
legislation; and I thank my good friend, Tom Cole, who has been working
hard and well on this legislation.
As co-chair of the Congressional Native American Caucus, I know that
this legislation is desperately needed. The Federal Government is
obligated through various treaties with Indian tribes to provide public
safety, yet it has failed in this duty for far too long.
Mr. Speaker, violence on Indian reservations is 2.5 times higher than
the national average. It is estimated that one in three native women
will be raped or sexually assaulted in their lifetime. Only 3,000
tribal law enforcement officers cover over 56 million acres of land in
Indian Country.
Mr. Speaker, this legislation will impose enhanced sentencing
guidelines, provide for more evidence-sharing between Federal agencies,
and enhance Federal accountability. It will also provide for more law
enforcement officers and increased access to training at State and
tribal police academies.
Mr. Speaker, finally, this legislation will reauthorize funding for
tribal courts, jails and juvenile detention centers. The Senate passed
the same legislation through with bipartisan support. I strongly urge
my colleagues to do the same and pass this critical piece of
legislation.
Mr. HASTINGS of Washington. Mr. Speaker, I reserve the balance of my
time.
Mr. RAHALL. Mr. Speaker, I yield 30 seconds to the distinguished
gentleman from Virginia (Mr. Moran), the chairman of the Interior
Subcommittee on Appropriations.
[[Page H5868]]
Mr. MORAN of Virginia. Mr. Chairman, I don't need even that much time
to say that I strongly support this bill.
I appreciate the fact that the authorizing committee has brought it
to the floor. We will get it passed. The only substantive argument I
really hear is a jurisdictional one. The chair of the Judiciary
Committee hasn't raised any objection to this. It ought to be passed,
and this Congress should be proud that it did.
Mr. HASTINGS of Washington. Mr. Speaker, I yield myself the balance
of my time.
Mr. Speaker, I just want to point out, because I have expressed my
opposition to this because of the process which has been acknowledged
by several Members on my side of the aisle, the last time legislation
like this was taken up was in the 101st Congress. The bill was
introduced, I think, on the first day. There were hearings held in the
House on that legislation, and then it went through committee markup.
It was amended in committee, sent to the House floor, and it was passed
on suspension, but that was after the committee had done its work.
It went to the Senate where there were hearings in the Senate. The
bill was further amended in the Senate committee. It went to the Senate
floor where it was amended again and then came back to the House. The
House concurred and amended it one more time. It went back to the
Senate, they concurred, and the bill was finally passed.
I point out that that process involved in that case both Houses. Both
Houses had ideas on how to improve this legislation. But apparently
this year, while a similar bill was introduced in the House, there was
only a hearing in the Judiciary Committee. We had no hearing on the
incidence of crime in our committee, which I think would have probably
provided some insight. I only bring this up, Mr. Speaker, to say that
the process in passing legislation should involve both Houses and not
just one House.
But I find it rather curious in this instance where those on the
other side are saying the Senate did all the work in its wonderful
process. I wonder if everybody on the other side of the aisle feels
that way with the other issues that are pending here where we seem to
have a problem getting concurrence on major issues like the
supplemental budget, for example, and a few other issues that are
floating around. Maybe we should just yield all of the wisdom in this
House to the Senate, as we have on this bill.
Now, I say that somewhat factitiously, obviously, Mr. Speaker, but
that is the reason why I feel compelled to make a point of opposing
this bill on the process. But we shall see if these other issues are
taken up in a like manner by this House, and I won't hold my breath.
Mr. Speaker, I yield back the balance of my time.
Mr. RAHALL. Mr. Speaker, may I inquire as to the time I have
remaining?
The SPEAKER pro tempore. The gentleman from West Virginia has 5
minutes remaining.
Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
I appreciate my good friend, the gentleman from Washington's,
comments about the other body. However, every now and then some blaze
of wisdom or light strikes over there and they do see their way to
doing something that is good. And when they do it, you have to give
them credit for it. What else can you say?
H.R. 725, as amended, would mark the most significant stride forward
in improving the public safety in Indian Country in a generation. Swift
passage is not only critical to addressing the problem of unchecked
violence in Indian Country, but also to ensuring that the United States
meets its solemn trust obligations to tribes.
Mr. Speaker, in conclusion, I thank Members on both sides of the
aisle and our staffs, as well, who have worked cooperatively and in a
bipartisan fashion. And I thank the Members of the other body as well
for that light that they have seen--on this particular issue anyway.
I urge my colleagues to support passage of the legislation.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from West Virginia (Mr. Rahall) that the House suspend the
rules and concur in the Senate amendment to the bill, H.R. 725.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. CHAFFETZ. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________