[Congressional Record (Bound Edition), Volume 156 (2010), Part 10]
[House]
[Pages 13541-13558]
[From the U.S. 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

[[Page 13542]]

     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:
       ``(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;

[[Page 13543]]

       ``(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 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

[[Page 13544]]

     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 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.--

[[Page 13545]]

       ``(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;
       ``(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

[[Page 13546]]

     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.
       (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

[[Page 13547]]

     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 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.

[[Page 13548]]

       ``(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,'';
       (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

[[Page 13549]]

     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
       ``(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

[[Page 13550]]

     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 
     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.

[[Page 13551]]

       (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--
       (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

[[Page 13552]]

     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.
  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- 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. 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

[[Page 13553]]

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 
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

[[Page 13554]]

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 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.

[[Page 13555]]

       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 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.

[[Page 13556]]

       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 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.

[[Page 13557]]

  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.
  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.

[[Page 13558]]

  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.
  Ms. RICHARDSON. Mr. Speaker, I rise today in strong support of H.R. 
725, the Tribal Law and Order Act Amendments of 2010 as amended by the 
Senate, which would address the issues of violence and sexual assault 
that occur on Indian Reservations. I would like to thank Congressman Ed 
Pastor for his leadership in introducing this bill to the House floor.
  Mr. Speaker, the Tribal Law and Order Act is an amendment to H.R. 
725, The Indian Arts and Crafts Act. The Tribal Law and Order Act will 
create accountability measures for the Federal agencies that are 
responsible for investigating and prosecuting crime that occurs on 
Indian Reservations. The act would also equip Indian tribes with the 
means necessary to tackle crime within their local areas.
  Mr. Speaker, I am sorry to say that domestic violence and sexual 
assault occur quite frequently on Indian Reservations. Most of the 
victims to such violent crimes are Indian women and children. 
Statistics show that one in three American Indian women will be raped 
in their lifetime and two out of every five women will face domestic 
violence. Within most Indian Reservations, very little police patrol 
takes place and tribal courts have very limited jurisdiction. Currently 
tribal courts have a maximum sentencing of only one year, and non 
Indian criminal offenders cannot be tried under tribal courts. These 
restrictions continue to put innocent men, women, and children at risk 
for higher incidents of violent and heinous crimes.
  Native American communities continue to suffer from the effects of 
poverty, substance addiction, and other health related diseases. 
Unfortunately these communities have been some of the most underserved 
in our nation. Rampant violent crime that is preventable should not be 
an outstanding statistic among Indian Reservations. As a Representative 
from California, a state that has a large population of Native 
Americans, I am deeply committed to seeing the progress of these 
communities and ensuring that justice is rightfully served.
  Mr. Speaker, the Senate Amendment to H.R. 725 is a way to ensure that 
the criminal justice system is improved among Indian nations and also 
that federal law enforcement becomes more responsive to the instances 
that occur on tribal land. It is critical that attention be given to 
our nation's justice system and the victims that rely on it the most in 
order to seek justice. In conclusion, I urge my colleagues to support 
H.R. 725 as amended by the Senate.
  Ms. McCOLLUM. Mr. Speaker, I rise today in support of H.R. 725, the 
Indian Arts and Crafts Amendments Act of 2010, and specifically the 
tribal law and order provisions now included.
  The federal government has a unique trust relationship with the 564 
sovereign tribal nations in the United States, and it is part of this 
trust responsibility for the federal government to provide law 
enforcement in Indian Country. The United States is not meeting its 
obligation. There are not enough law enforcement officers patrolling 
reservations, and the statistics illustrate the consequences. American 
Indians and Alaska Natives suffer from the highest crime rates in the 
nation. Federal law enforcement failed to prosecute more than half of 
the violent crimes in Indian Country, including sexual assault cases. 
This is especially troubling because the U.S. Justice Department found 
that one in three Native women will be raped in her lifetime.
  That is why I urge my colleagues to support this bill and the tribal 
law and order provisions within it. This legislation improves law 
enforcement on tribal land by encouraging the prosecution of more 
crime, by increasing penalties for reservation offenders and by 
establishing protocols to address sexual violence. It encourages 
coordination between federal agencies, law enforcement officials and 
tribal communities for investigation and prosecution purposes. Under 
this act, tribal courts would be able to sentence offenders up to three 
years; currently, they can only sentence for up to one year. These 
changes are desperately needed.
  This bill is a positive step towards meeting our trust responsibility 
and protecting Indian Country. As a member of the Congressional Native 
American Caucus, I urge my colleagues to support H.R. 725.
  Mr. RAHALL. 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.

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