[Senate Report 111-93]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 192
111th Congress                                                   Report
                                 SENATE
 1st Session                                                     111-93

======================================================================



 
                  THE TRIBAL LAW AND ORDER ACT OF 2009

                                _______
                                

                October 29, 2009.--Ordered to be printed

                                _______
                                

    Mr. Dorgan, from the Committee on Indian Affairs, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 797]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 797), to amend the Indian Law Enforcement Reform Act, 
the Indian Tribal Justice Act, the Indian Tribal Justice 
Technical and Legal Assistance Act of 2000, and the Omnibus 
Crime Control and Safe Streets Act of 1968 to improve the 
prosecution of, and response to, crimes in Indian country, and 
for other purposes, having considered the same, reports 
favorably thereon with an amendment in the nature of a 
substitute and recommends that the bill (as amended) do pass.

                               I. Purpose

    The criminal justice system on Indian lands consists of a 
complex and often overlapping matrix of federal, tribal, and in 
certain circumstances, state jurisdiction. The complexity of 
this system has contributed to a crisis of violent crime on 
many Indian reservations\1\ that has persisted for decades. 
Federal reports have consistently found that the divided system 
of justice in place on Indian reservations lacks coordination, 
accountability, and adequate and consistent funding. These 
shortfalls, the reports find, serve to foster reservation 
violence and disrupt the peace and public safety of tribal 
communities.
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    \1\The terms ``Indian reservations'', ``Indian country'', ``Indian 
communities'', and ``tribal communities'' are used interchangeably 
throughout this Report to refer to the lands on which federally 
recognized Indian tribes reside. The term Indian country is a term used 
for purposes of federal criminal jurisdiction defined at 18 U.S.C. 
Sec. 1151. Nothing in S. 797 would alter the legal status or meaning of 
``Indian country'' as that term is used in 18 U.S.C. Sec. 1151.
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    For example, in 1975, the Ford Administration in its Report 
of the Task Force on Indian Matters acknowledged that ``[l]aw 
enforcement on Indian reservations is in serious trouble.''\2\ 
Regarding the system of justice, the Report found that the 
``chaotic'' state of criminal jurisdiction was one ``source of 
many of the law enforcement problems Indians face.''\3\ With 
regard to resources, the Report found that ``[m]ost Indian 
reservations receive totally inadequate police services given 
their size and extraordinary high rate of crime.''\4\
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    \2\Doris M. Meissner, U.S. Department of Justice, Report of the 
Task Force on Indian Matters, at 77 (Oct. 1975).
    \3\Id. at 21.
    \4\Id. at 77. The Department of Justice Report was critical of the 
Government's failures, noting ``It is particularly embarrassing that 
the present problem exists in an area of primarily federal 
responsibility. This is not a situation where the federal government 
serves as a model for other law enforcement efforts.'' Id.
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    In 1997, the Clinton Administration's Report of the 
Executive Committee for Indian Country Law Enforcement 
Improvements again acknowledged that ``[t]here is a public 
safety crisis in Indian Country.''\5\ The Executive Committee 
concluded that a substantial infusion of resources into Indian 
Country law enforcement was essential to addressing the crisis, 
and that the delivery of law enforcement services must be 
consolidated and improved.\6\
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    \5\The Report, submitted by officials of the Departments of 
Interior and Justice to the Secretary and Attorney General, can be 
found online at: http://www.usdoj.gov/otj/icredact.htm.
    \6\The President's FY 1999 Budget included, for the first time, 
direct funding for programs to improve tribal justice systems 
administered by the Department of Justice (DOJ). Programs included the 
Community Oriented Policing Services-Tribal Resources Grant Program, 
the Tribal Courts Assistance Project, the Tribal Jails Construction 
Program, and the Tribal Youth Program. Department of Justice/Department 
of Interior Tribal Justice Initiatives: Hearing Before the Senate Comm. 
on Indian Affairs, 105th Cong., at 58-62 (June 3, 1998) (statement of 
United States Attorney General Janet Reno). Congress provided $84 
million in funding for these DOJ programs in FY 1999.
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    More than a decade after this latest report little has 
changed in either the makeup of the system of justice in place 
on Indian lands or the consistency of funding for the 
system.\7\ Violent crime rates in Indian country are more than 
twice the national average, with violent crime rates exceeding 
20 times the national average on some reservations. There is an 
epidemic of domestic and sexual violence in Indian country. 
Federal reports indicate that 34% of American Indian and Alaska 
Native women will be raped in their lifetimes, and 39% will 
suffer domestic violence. American Indian and Alaska Native 
youth experience 50% higher rates of child abuse compared to 
non-native youth.\8\ Federal Bureau of Investigation agents and 
U.S. Attorneys have seen a proliferation of gang activity in 
Indian country.\9\ The police presence in Indian country 
continues to lag far behind the rest of the nation, with an 
approximate 40% unmet need in staffing for police officers on 
Indian lands. The federal response to reservation crime remains 
fragmented and fails to meet the justice needs of tribal 
communities.
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    \7\Funding for tribal justice programs at the Department of Justice 
reached a high of $91.5 million in FY 2000, and steadily declined over 
the next decade, reaching a low of $42 million in FY 2006.
    \8\Child Maltreatment, U.S. Department of Health and Human 
Services, Administration for Children and Families, at 28 (2006) 
(American Indian and Alaska Native youth suffer rates of abuse at 15.9 
per 1,000 children).
    \9\Prosecution of Serious Crime in Indian Country, U.S. Department 
of Justice (June 2009) (``Previously, Native gangs were chiefly 
associated with crimes of graffiti and vandalism. However, Native gangs 
are now involved in more violent offenses like sexual assault, gang 
rapes, home invasions, drive-by shootings, beatings and elder 
abuse.'').
    According to information the BIA provided to Committee staff, the 
Wind River Indian Reservation experienced 37 assaults by gang members 
using weapons such as guns, knives, or brass knuckles. In one 2007 
incident, a gang member driving a van ran over an opposing gang member 
and later ran down a BIA police officer who was responding to the 
incident.
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    The Tribal Law and Order Act of 2009 will improve the 
efficiency and effectiveness of the justice system on Indian 
lands. The bill will increase the federal response to and 
accountability for reservation crime, encourage greater 
cooperation between tribal, federal, and state law enforcement 
agencies that have an obligation to maintain public safety on 
Indian lands, provide tribal justice officials with additional 
tools to better combat violent crime, reauthorize and improve 
federal programs that strengthen tribal justice systems, 
establish consistent data collection of Indian country crimes, 
and foster information sharing between tribal, state, and 
federal law enforcement agencies.\10\
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    \10\While S. 797 seeks to improve the system of justice in place on 
Indian lands, the Committee acknowledges that the system continues to 
suffer a lack of consistent funding.
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            II. The Criminal Justice System on Indian Lands

    The criminal justice system in place on Indian lands was 
established through a piecemeal series of federal laws and 
United States Supreme Court decisions enacted and handed down 
over the past 120 plus years. These laws and court decisions 
limit tribal government authority to combat reservation crime, 
and place significant responsibility to investigate and 
prosecute reservation crimes in the Federal Government and some 
state governments.\11\ As a result, tribal governments have no 
criminal jurisdiction over reservation crimes committed by non-
Indians,\12\ and tribal court penal authority over Indians is 
limited to no more than one year imprisonment for any one 
offense.\13\ The system thus forces tribal communities to rely 
on federal officials to investigate and prosecute all 
reservation crimes committed by non-Indians against Indian 
victims and most serious crimes committed by Indians.
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    \11\The Indian Country Crimes Act, 18 U.S.C. Sec. 1152, extends 
Federal criminal laws to Indian lands, with the exception of offenses 
committed by one Indian against another Indian. The Major Crimes Act 
provides for Federal court jurisdiction over offenses committed by 
Indians in Indian country, 18 U.S.C. Sec. 1153. 18 U.S.C. Sec. 1162, 
enacted in 1953 and commonly known as Public Law 280 (P.L. 83-280), 
delegated Federal authority over reservation crimes to six mandatory 
States.
    Traditionally, Indian tribes provided for the public safety and 
security of their communities through customary enforcement mechanisms, 
such as the leadership of cacique and the guardianship of warrior 
societies. Penalties for violations of tribal laws ranged from ridicule 
to banishment or execution. Fines in the form of compensation to the 
victim were the most common form of traditional punishment imposed.
    \12\Oliphant v. Suquamish, 435 U.S. 191 (1978) (finding that tribal 
courts were implicitly divested of jurisdiction over reservation crimes 
committed by non-Indians).
    \13\Indian Civil Rights Act, 25 U.S.C. Sec. 1302(7) (``No Indian 
tribe in exercising power of self-government shall--. . .impose for 
conviction of any one offense any penalty or punishment greater than 
imprisonment for a term of one year and a fine of $5,000, or both.'').
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    In addition, these laws and court rulings have established 
a jurisdictional maze that requires police officers and courts 
to answer a series of questions before making decisions to 
arrest a suspect, investigate a crime, or bring a defendant to 
trial. Some common questions include:
     Did the crime occur in Indian country?
     Is the suspect or defendant Indian or non-Indian?
     Is the victim Indian or non-Indian?
     What type of crime is involved?
    While these questions seem simple on the surface, the 
definition of the terms alone involves complex questions of 
fact and law. The former U.S. Attorney from Colorado explained 
these difficulties in testimony before the Committee:

          In some investigations, it can be difficult or even 
        impossible to determine at the crime scene whether the 
        victim, the suspect, or both is an ``Indian'' or a 
        ``non-Indian'' for purposes of deciding which 
        jurisdiction--federal and/or tribal, or state--has 
        responsibility and which criminal laws apply. In those 
        crucial first hours of an investigation, this can raise 
        a fundamental question--which agency is really in 
        charge? This is the antithesis of effective 
        government.\14\
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    \14\Examining S. 797, the Tribal Law and Order Act of 2009: Hearing 
Before the Senate Comm. on Indian Affairs, 111th Cong. (June 25, 2009) 
(statement of Troy Eid, Shareholder, Greenberg Traurig, LLP).

     In a separate hearing, the former United States 
Attorney from Minnesota made the following statement: ``One 
hundred and twenty-plus years of court decisions and stop-gap 
legislation have created a jurisdictional mess, which means 
that law enforcement is difficult, delay is normal and respect 
for law enforcement and judicial process is low. The losers are 
the people of Indian Country.''\15\
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    \15\Law Enforcement in Indian Country: Hearing Before the Senate 
Comm. on Indian Affairs, 110th Cong., at 66 (June 21, 2007) (statement 
of Thomas Heffelfinger, Partner, Best and Flanagan, LLP).
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     The result of these federal laws and Court 
decisions is that along with the authority that the United 
States imposed over Indian tribes, it incurred significant 
legal and moral obligations to provide for public safety on 
Indian lands.\16\
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    \16\Letter from Ronald Weich, Assistant Attorney General, U.S. 
Department of Justice to Senator Dorgan (Oct. 2, 2009) (``Our 
responsibility to preserve public safety for Indian Country derives 
from the government to government relationship between the federal 
government and tribal governments, as well as specific statutes, such 
as the Major Crimes Act and the Indian Country Crimes Act, that provide 
for federal jurisdiction for certain serious felonies.''). See also, 
United States v. Kagama, 118 U.S. 375, 384 (1886) (``[D]ue to the 
course of dealing of the federal government with [the Tribes], and the 
treaties in which it has been promised, there arises the duty of 
protection, and with it the power.'').
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                  III. Development of the Legislation

    The Committee held twelve hearings during the 110th and 
111th Congresses that focused on various aspects of the 
criminal justice system in place on Indian lands. The hearings 
confirmed that a longstanding and life threatening public 
safety crisis exists in many Indian communities.
    On November 7, 2007, Senator Dorgan released a concept 
paper, based on testimony and comments received, recommending 
changes to improve the criminal justice system in place on 
Indian lands. On July 23, 2008, Senator Dorgan, with 12 co-
sponsors including Senators Baucus, Biden, Bingaman, Cantwell, 
Domenici, Johnson, Kyl, Lieberman, Murkowski, Smith, Tester, 
and Thune, introduced S. 3320, the Tribal Law and Order Act of 
2008. The bill was referred to the Senate Committee on Indian 
Affairs and hearings were held on the bill, but the Committee 
did not report out the bill during the 110th Congress.

                IV. Committee Action and Recommendation

    In the 111th Congress, Senator Dorgan introduced S. 797, 
the Tribal Law and Order Act of 2009 on April 2, 2009. The 
legislation has 18 co-sponsors including Senators Barrasso, 
Baucus, Bingaman, Begich, Bennet (CO), Boxer, Cantwell, Crapo, 
Johnson, Kyl, Lieberman, Merkley, Murkowski, Stabenow, Tester, 
Thune, Udall (NM), and Wyden. The bill was referred to the 
Committee, which held a hearing on S. 797 on June 25, 2009.
    Co-sponsoring Members, the Administration, and other 
interested parties provided additional views on the bill as 
introduced. The Committee developed a substitute amendment to 
S. 797 that made a number of changes in response to comments 
offered by the Department of Justice (DOJ), tribal leaders, the 
National Association of Criminal Defense Lawyers, and other 
interested parties. The key changes made in the substitute 
amendment include the following:
     Section 102--Disposition Reports. The substitute 
amendment reflects a number of changes to Section 102 to 
address technical and substantive comments offered by DOJ. The 
provision retains the requirements that federal officials 
maintain and publish aggregate data on declinations, and 
coordinate with tribal justice officials on the use of 
evidence.
     Section 104--Native American Issues Coordinator. 
The substitute amendment reflects DOJ's request to establish 
the position of a ``Native American Issues Coordinator'' within 
the Executive Office of the U.S. Attorneys, instead of an 
``Office of Indian Country Crime'' within the Criminal Division 
as was proposed in the bill as introduced.
     Section 304--Bureau of Prisons Pilot Project. The 
substitute amendment reflects DOJ's request to establish a 
pilot project to house offenders convicted in tribal court of 
major crimes at appropriate Bureau of Prisons facilities. The 
substitute proposes a 4-year pilot project. The bill as 
introduced included no end date for this program.
     Section 304--Law Training for Tribal Public 
Defenders and Judges. The substitute amendment clarifies that 
tribal governments must bear the costs of attorneys for 
indigent defendants who are subject to more than one year 
imprisonment for any one offense in tribal court. It also 
clarifies that both attorneys and tribal court judges must 
receive sufficient legal training to be eligible to provide 
defense services or preside over such cases.
     Section 304--Tribal Court Sentencing for Multiple 
Crimes. The substitute clarifies that tribal courts can charge 
suspects for multiple crimes and sentence offenders to 
consecutive sentences when at least one element of a crime 
differs from that of another crime.
    The Committee received letters in support of the bill from 
a number of Indian tribes and organizations, including the 
National Congress of American Indians, the American Bar 
Association, Amnesty International U.S.A., the Friends 
Committee on National Legislation, the Family Violence 
Prevention Fund, Mending the Sacred Hoop, the New York State 
Coalition Against Sexual Assault, Strong Hearted Native Women's 
Coalition, Qualla Women's Justice Alliance, and other 
organizations.
    In an open business meeting on September 10, 2009, and with 
a quorum present, the Committee, by unanimous voice vote 
approved S. 797 with an amendment in the nature of a 
substitute. Four amendments were offered to the amendment in 
the nature of a substitute. One amendment was offered by 
Senator Franken to require a report on sex trafficking of 
Native women. Two amendments were offered by Senator Murkowski 
to address concerns relating specifically to Alaska Native 
Villages. A third amendment was offered by Senator Murkowski to 
require a report on the capacity of the Indian Health Service 
and tribal health facilities to acquire forensic evidence from 
victims of sexual assault and domestic violence. All four 
amendments were accepted by voice vote. By unanimous voice 
vote, the Committee then approved the amendment in the nature 
of a substitute as amended.

                    V. Discussion and Key Provisions

    S. 797 takes a comprehensive approach to improve the 
efficiency and effectiveness of the justice system on Indian 
lands to better meet the goal of combating and preventing 
reservation crime. The bill will increase federal response to 
and accountability for reservation crime, encourage greater 
cooperation between tribal, federal, and state law enforcement 
agencies, provide tribal justice officials with additional 
tools to combat crime locally, reauthorize and improve federal 
programs designed to strengthen tribal justice systems, 
establish and foster improved Indian country criminal data 
collection and criminal history information sharing, and 
require additional coordination and training among federal and 
tribal officials to enhance the investigation and prosecution 
of crimes of domestic and sexual violence in Indian country.

Police and corrections officer recruitment and retention

    The lack of police presence in Indian country is a major 
contributing factor to reservation crime. Less than 3,000 
Bureau of Indian Affairs (BIA) and tribal law enforcement 
officers patrol more than 56 million acres of Indian lands in 
35 states.\17\ This total amounts to an approximate unmet 
staffing need of 40% when compared to similar rural communities 
nationwide.\18\ The unmet staffing need is far greater on some 
reservations.\19\
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    \17\The FY 2009 Department of the Interior Budget Justifications 
for Indian Affairs noted that there were 2,758 BIA and tribal criminal 
investigators and police serving Indian country. Interior Budget 
Justifications, IA-PSJ-6.
    \18\This comparison to rural communities used by BIA is based on 
population, and not by violent crime rate. The staffing need based on 
the violent crime rate in Indian country would elicit an altogether 
different comparable population. The high violent crime rate in Indian 
country is more comparable to inner city violent crime rates. Arguably 
if assessed based on that comparability, the Indian country staffing 
needs may be severely more drastic.
    \19\BIA-Office of Justice Services District 1, which serves 
reservations in Iowa, Michigan, Minnesota, Nebraska, North Dakota, 
South Dakota, and Wisconsin, had an unmet staffing need of 78% 
according to the BIAs April 2006 Gap Analysis. The BIA acknowledged 
that ``on many reservations, there is no 24-hour police coverage. 
Police officers often patrol alone and respond alone to both 
misdemeanor and felony calls. Our police officers are placed in great 
danger because backup is sometimes miles and hours away, if available 
at all.'' Law Enforcement in Indian Country: Hearing Before the Senate 
Comm. on Indian Affairs, 110th Cong., at 6 (May 17, 2007) (statement of 
W. Patrick Ragsdale, Director, Bureau of Indian Affairs).
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    The lack of resources is an unfortunate theme on many 
Indian reservations. The BIA FY 2008 Crime Report indicated 
that there were at least 30 Indian reservations where the 
violent crime rate exceeded the national average and additional 
officers were needed. For example, the Wind River Indian 
Reservation in Wyoming faced a violent crime rate 3.58 times 
the national rate, yet there were only 6-7 officers to patrol 
the entire 2.2 million acres of the Reservation during the 
entire 24 hour/7 day period. This staffing size translates into 
2-3 officers on duty at any one time.
    The lack of police personnel causes severe delays in 
response times to distress calls, prevents officers from 
securing the crime scene and gathering evidence, which in turn 
inhibits successful prosecutions.\20\ The lack of resources 
also reduces the potential for crime prevention. According to 
Brian Nissen, Colville Tribal Council Member, ``the officers 
know the individuals involved [in gang violence] and could make 
a dramatic impact on the proliferation of gangs . . . by 
preventing gang membership by vulnerable tribal youth. . . . 
This change cannot occur, however, until additional resources 
are available for tribal officers to allow for proactive, as 
opposed to reactive, policing.''\21\
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    \20\Law Enforcement in Indian Country, Hearing Before the Senate 
Comm. on Indian Affairs, 110th Cong., at 21 (June 21, 2009) (statement 
of Bonnie Clairmont, Victim Advocacy Program Specialist, Tribal Law and 
Policy Institute); Examining the Prevalence of and Solutions to 
Stopping Violence Against Indian Women: Hearing Before the Senate Comm. 
on Indian Affairs, 110th Cong., at 7 (Sept. 27, 2007) (Statement of 
Tammy Young, Director, Alaska Native Women's Coalition). See also, 
Laura Sullivan, Rape Cases on Indian Lands Go Uninvestigated, National 
Public Radio (July 25, 2007) (online at http://www.npr.org/templates/
story/story.php?storyId=12203114); Maze of Injustice, Amnesty 
International U.S.A., at 41-51 (April 2007).
    \21\Oversight Hearing to Examine the Increase of Gang Activity in 
Indian Country, Hearing Before the Senate Comm. on Indian Affairs, 
111th Cong. (July 30, 2009) (statement of Brian Nissen, Tribal Council, 
Confederated Tribes of the Colville Reservation).
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    While the lack of police personnel in Indian country is 
directly attributed to the lack of funding for BIA and tribal 
police officers, the difficulty in recruiting, training, and 
retaining new police and corrections officers adds to the 
problem. For example, the BIA requires all Bureau police 
officer candidates to receive their initial basic training at 
the Indian Police Academy (IPA) located in Artesia, New Mexico. 
The IPA provides an outstanding training opportunity for 
potential BIA and tribal police officer candidates. However, 
the Academy has an annual attrition rate of 47%, and only 
graduates an average of 220 new officers each year. Of those 
220 graduates, it has been reported that one-half will leave 
Indian country law enforcement within two years.\22\ Tribal 
communities are left with a considerable unmet need for 
additional trained officers.
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    \22\Report of the Executive Committee for Indian Country Law 
Enforcement Improvements, Tab E (Oct. 1997) (found online at: http://
www.usdoj.gov/otj/icredact.htm).
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    Section 301(a) of the bill takes several steps to expand 
recruiting efforts for new BIA and tribal police and 
corrections officers. This section expands training 
opportunities to permit BIA and tribal police candidates to 
receive basic training from state or tribal police academies, 
local or tribal community colleges, or other training academies 
that meet training standards established by the Federal Law 
Enforcement Training Accreditation commission.\23\ This section 
also increases the maximum age for new police and corrections 
officers, in an effort to target retired military 
personnel.\24\ In addition, Section 301 requires BIA Office of 
Justice Services to complete background checks for tribal and 
BIA police officer candidates within 60 days upon a request of 
an Indian tribe.
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    \23\The BIA has recognized training at state Police Officer 
Standards and Training (POST) and state-certified POST equivalents for 
tribal police officers. The BIA has also entered into MOAs with tribal, 
state, and local colleges and universities to provide supplemental 
training to existing BIA and tribal law enforcement and corrections 
officers. Nothing in this section is intended to repeal the Secretary's 
authority to enter into such agreements.
    \24\Native Americans have the highest record of service per capita 
when compared to other ethnic groups. See http://www.history.navy.mil/
faqs/faq61-1.htm.
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The BIA and tribal jails system

    The state of the BIA and tribal jails system exacerbates 
violent crime in Indian country. The majority of jails used by 
tribal courts to sentence offenders are either overcrowded, in 
disrepair, or both. In addition, jails operations lack 
sufficient staffing, training, and funding.\25\ As a result, 
judges may be forced to release offenders early, and in some 
cases only the most violent offenders are incarcerated.
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    \25\See Neither Safe nor Secure: An Assessment of Indian Detention 
Facilities, U.S. Department of the Interior, Office of Inspector 
General (Sept. 2004). This report details the deficiencies at BIA and 
tribal jails, and makes 25 recommendations to improve the jails system.
    The Committee notes that $225 million was appropriated to the 
Department of Justice to construct detention centers in Indian country 
in the American Recovery and Reinvestment Act of 2009, Public Law 111-5 
(Feb. 17, 2009).
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    An Interior Department report on Indian jails entitled 
``Master Plan for Justice Services in Indian Country,'' 
provided to the Committee on June 18, 2008, and made part of 
the June 19, 2008 Committee hearing record, made the following 
findings:
     The life and safety of officers and inmates are at 
risk due to the lack of adequate justice facilities and 
programs in Indian country.
     The character of offenses has changed from 
misdemeanors in years past to increasingly violent crimes in 
recent years.
     Ninety percent or more of the existing justice 
facilities that are older than 5 years should be replaced or 
require extensive improvements and repairs.
     Jail policies are lax, and in many cases non-
existent.
     Jails are understaffed, and many staff lack 
adequate training.
     It takes months to complete the hiring process for 
tribal corrections officers.
     The lack of police personnel in Indian country 
causes a very low service call to arrest ratio in many 
jurisdictions.
     Only half of the offenders are being incarcerated 
who should be incarcerated, the remaining are released through 
a variety of informal practices due to severe overcrowding.
     Contract beds at state and local jails are not 
readily available due to the remote location of tribal 
communities and overcrowding at the state and local facilities.
     Few tribal jails provide rehabilitation programs 
for inmates.
     Little to no healthcare is provided for inmates, 
and the health care that is provided is often provided off-site 
at the nearest Indian Health Service facility.
    One reason for problems with the jails system is the lack 
of coordination between federal agencies responsible for the 
system. The responsibility for construction of new BIA and 
tribal jails was transferred from the BIA to DOJ in the late 
1990's. The responsibility for staffing, operations, and 
maintenance of jails remained within the BIA's budget. Because 
of the lack of inter-agency coordination, a number of new 
detention centers built in the last decade sit empty.\26\ Other 
tribal jails remain severely overcrowded, and many tribal 
communities have no facility at all.
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    \26\``Given the poor coordination and planning of new jails between 
BIA and DOJ, . . . facilities have been built that cannot be opened.'' 
Neither Safe nor Secure, at 39. This conclusion was confirmed by 
several witnesses before the Committee. See Tribal Courts and the 
Administration of Justice in Indian Country: Hearing Before the Senate 
Comm. on Indian Affairs, 110th Cong., at 80-81 (July 24, 2008).
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    Sections 101(b), 401(g)(1)(C), and 404(b)(3) of S. 797 
require the Departments of Justice and Interior to coordinate 
with tribal justice officials to develop a long term plan for 
the incarceration needs of Indian country within one year of 
enactment of S. 797. The plan will address facilities for 
adults, youth in custody, at-risk youth, and alternatives to 
incarceration. The Committee expects the agencies to bring the 
full panoply of program expertise to bear in developing 
innovative solutions to fulfill these requirements.
    In addition, Section 403 reauthorizes the Department of 
Justice tribal jails program. This section amends the program 
to permit funding for the construction of regional detention 
centers for long term incarceration, construction of tribal 
justice centers that combine tribal courts, police, and 
corrections services, and alternatives to incarceration. The 
amendment also removes requirement that tribal governments 
provide matching funds in order to be eligible to receive a 
jails construction grant.

Jurisdictional gaps

    Consistent with previous federal reports, testimony before 
the Committee pointed to the jurisdictional divide among 
tribal, state, and Federal governments as a major contributing 
factor to reservation violence. One gap in the system is the 
lack of prosecution of misdemeanor crimes on Indian lands. 
Misdemeanor crimes including domestic violence, child abuse, 
disorderly conduct, traffic violations, petty drug possession, 
and property crimes are often overlooked by federal law 
enforcement officials due to resource concerns.\27\ However, 
failure to address these crimes at the misdemeanor level 
creates a sense of lawlessness and provides no deterrent to 
those who may advance to more serious crimes.\28\
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    \27\In answers to follow up questions from a June 2008 hearing, DOJ 
wrote that it ``handles a very limited number of misdemeanor offenses 
that occur in Indian Country, focusing on those offenses that involve 
non-Indian defendants who are alleged to have committed crimes against 
Indian victims. Often those misdemeanors are assaults. In Fiscal Year 
(FY) 2006, the United States Attorneys' Offices prosecuted 24 
misdemeanor cases arising in Indian Country. In FY 2007, the United 
States Attorneys' Offices prosecuted 21 misdemeanor cases'' Letter from 
Keith B. Nelson, Principal Deputy Assistant Attorney General, to 
Senator Dorgan (Sept. 17, 2008).
    \28\``The pattern of domestic violence might begin at a misdemeanor 
level and escalate to a felony level of violence. Tribal law 
enforcement report that domestic violence is one of the largest 
categories of crime they respond to. Domestic violence, however, is 
rarely prosecuted by the United States Attorneys Offices.'' Law 
Enforcement in Indian Country: Hearing Before the Senate Comm. on 
Indian Affairs, 110th Cong., at 85 (June 21, 2007) (written statement 
submitted by Dorothy Smith and Joan Henry, Qualla Womens Justice 
Alliance).
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    The Tribal Law and Order Act will take several steps to 
better address misdemeanor reservation crimes. Section 103 
encourages the appointment and training of qualified attorneys 
to serve as Special Assistant United States Attorneys to aid in 
the prosecution of misdemeanor crimes that are not addressed in 
tribal court. It also encourages U.S. Attorneys to coordinate 
with magistrate and district courts to ensure that docket time 
is reserved for Indian country misdemeanors and to hold such 
trials on Indian lands when possible. In addition, section 
101(c) acknowledges the existing authority of Bureau of Indian 
Affairs police officers to enforce against offenses processed 
by the Central Violations Bureau.\29\
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    \29\The Department of Justice acknowledges that current law allows 
tribal law enforcement officers who hold Special Law Enforcement 
Commissions to ``issue federal petty offense citations to any person 
including tribal members, non-member Indians, and non-Indians. Class A 
misdemeanors are charged either by an Information filed by the United 
States Attorneys' Office or by Grand Jury Indictment.'' Letter from 
Ronald Weich, Assistant Attorney General, to Senator Dorgan (Oct. 2, 
2009).
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Key provisions

        A. BUREAU OF INDIAN AFFAIRS RESPONSE AND ACCOUNTABILITY

    In 1990, Congress enacted the Indian Act Law Enforcement 
Reform Act (ILERA) in response to many of the concerns with the 
system of justice in place on Indian lands.\30\ The Act 
codified the authority and duties of BIA police, permitted the 
Secretary to grant special law enforcement commissions (SLECs) 
to tribal and local police officers, and permitted federal 
investigators and prosecutors to submit declination reports to 
tribal justice officials. Tribal leaders initially praised the 
passage of the bill. However, in recent years, tribes have 
expressed that the Act's implementation has fallen short of 
expectations.
---------------------------------------------------------------------------
    \30\25 U.S.C. Sec. Sec. 2801-2809; Public Law 101-379.
---------------------------------------------------------------------------
    Section 2802 of ILERA established a Division of Law 
Enforcement Services, now known as the Office of Justice 
Services (OJS), and set forth its duties. This section also 
established a separate Branch of Criminal Investigations, which 
is responsible for the investigation and presentation for 
prosecution of major crimes in Indian country. It provides that 
the Branch of Criminal Investigations is subject only to the 
supervision and direction of law enforcement personnel of the 
OJS, and no longer subject to supervision of the BIA Agency 
Superintendent as was the current organizational structure at 
the time.\31\ OJS implemented this provision in the late 
1990's, changing the command structure by requiring all BIA 
police and criminal investigators to report directly to the 
Office of Justice Services, headquartered in Washington, D.C.
---------------------------------------------------------------------------
    \31\25 U.S.C. Sec. 2802(d)(4)(i). This provision also permits 
tribal governments, by tribal resolution, to ask the Secretary to 
reestablish line authority through the Agency Superintendent or Area 
Director. Such requests shall be granted absent good cause to the 
contrary. Id. Sec. 2802(d)(4)(ii).
---------------------------------------------------------------------------
    In order to maintain communication between criminal 
investigators at the local reservation level, section 2802 
required the Secretary to ``prescribe regulations which shall 
establish a procedure for active cooperation and consultation 
of the criminal investigative employees . . . assigned to an 
Indian reservation with the governmental and law enforcement 
officials of the Indian tribe.'' To date, no such regulation 
has been promulgated.
    A number of tribes have since complained about the lack of 
communication and consultation on behalf of BIA police with 
tribal governments and community members. Chairman Marcus Wells 
of the Three Affiliated Tribes of the Fort Berthold Reservation 
echoed these concerns in testimony before the Committee: ``I 
believe we have been shorted when the line of authority for 
supervision was changed in 1999 or so, from the line 
superintendent of the BIA being the supervisor of the local 
police chief of the BIA, down to the Aberdeen area. Since then, 
we have lost communication and coordination.''\32\
---------------------------------------------------------------------------
    \32\Law Enforcement in Indian Country: Hearing Before the Senate 
Comm. on Indian Affairs, 110th Cong., at 33 (June 21, 2007) (statement 
of Marcus D. Wells, Jr., Chairman, Three Affiliated Tribes of the Fort 
Berthold Reservation).
---------------------------------------------------------------------------
    Tribes have also criticized the BIA-OJS for a lack of 
transparency in spending public safety and justice funding. Ron 
His Horse Is Thunder, Chairman of the Standing Rock Sioux 
Indian Tribe, testified before the Committee regarding concerns 
over the lack of accountability at the BIA:

          It is a fundamental failure for the BIA not to have 
        or to successfully implement a methodology for the 
        distribution of public safety funds. This problem is 
        equally evident on the detention service side of public 
        safety. It is our understanding that the BIA cannot 
        report to the Interior Inspector General or to Congress 
        how it allocated the millions of dollars it receives 
        from Congress for the staffing, operation and 
        maintenance of detention facilities in Indian 
        country.\33\
---------------------------------------------------------------------------
    \33\Field Hearing to Examine Lessons Learned from Operation Dakota 
Peacekeeper: Hearing Before the Senate Comm. on Indian Affairs, 111th 
Cong. (July 1, 2009) (statement of Ron His Horse Is Thunder, Chairman, 
Standing Rock Sioux Tribe).

    According to these tribal leaders, the former and even 
current command structures have not been responsive to concerns 
of the tribal leadership or communities being served.
    To address these shortfalls, Section 101 of the bill seeks 
to improve BIA-OJS communication, coordination, and 
accountability. This section codifies the requirement that BIA-
OJS officers communicate and consult with tribal leaders and 
members on a regular basis about public safety and justice 
concerns facing their communities. The intent is to require at 
least monthly communication between BIA police and the tribal 
community or communities that they serve. This section also 
requires BIA-OJS to submit annual reports to Congress detailing 
spending, unmet staffing needs, and formulas for disbursing 
public safety funding.
    Another concern with the implementation of ILERA is in the 
granting of SLECs to tribal police officers. While the BIA 
recognizes the importance of the SLEC program in enabling 
officers to make arrests for all violations of federal criminal 
laws on Indian lands,\34\ the Bureau has not established 
specific criteria, timeframes for approval, or provided 
training opportunities or technical assistance to tribal 
officers to obtain the commissions.
---------------------------------------------------------------------------
    \34\Law Enforcement in Indian Country: Hearing Before the Senate 
Comm. on Indian Affairs, 110th Cong., at 8 (May 17, 2007) (statement of 
W. Patrick Ragsdale, Director, Bureau of Indian Affairs). The BIA 
acknowledged through a policy guidance the ``critical void in law 
enforcement in Indian country that . . . SLECs fill.'' 69 Fed. Reg. 
6321-22 (Feb. 10, 2004).
---------------------------------------------------------------------------
    Tribal leaders testified before the Committee that the 
delays in negotiating agreements with the BIA for SLECs can 
take years. Diane Enos, President of the Salt River Pima 
Maricopa Indian Community (Arizona), testified that her Tribe 
had negotiated for more than four years on an MOU with the BIA 
to enable tribal officers to obtain special law enforcement 
commissions.\35\
---------------------------------------------------------------------------
    \35\Law and Order in Indian Country: Hearing Before the Senate 
Comm. on Indian Affairs, 110th Cong., at 14 (Mar. 17, 2008) (statement 
of Diane Enos, President, Salt River Pima-Maricopa Indian Community).
---------------------------------------------------------------------------
    To spur the SLEC program, the U.S. Attorney from Colorado 
in February of 2007 initiated a pilot program to train tribal, 
state and local law enforcement officers on-site in 
Southwestern Colorado in the enforcement of federal criminal 
laws. The goal was to increase the number of available police 
officers on Indian lands in Colorado and foster inter-
jurisdictional collaboration. With the cooperation of other 
U.S. Attorneys, this pilot program grew into 14 separate 
training sessions throughout Indian country, attended by more 
than 400 officers representing 35 tribes and 17states.\36\
---------------------------------------------------------------------------
    \36\Examining S. 797, the Tribal Law and Order Act of 2009: Hearing 
Before the Senate Comm. on Indian Affairs, 111th Cong. (June 25, 2009) 
(statement of Troy Eid, Shareholder, Greenberg Traurig, LLP).
---------------------------------------------------------------------------
    To build on the success of this pilot program and to 
provide added guidance to the program, section 301(b) of the 
Tribal Law and Order Act will amend the ILERA to require the 
Secretary, within 180 days of enactment, to establish criteria 
for police officers to meet in order to qualify for SLEC 
certifications. The Secretary would also have 180 days to 
develop minimum requirements to be included in agreements with 
tribal governments, which must include protections for tribal 
officers listed in current section 2804(f) of the ILERA. To 
expand the opportunity for tribal police to obtain an SLEC, 
section 301(b) of the bill also requires the Secretary to hold 
regional training sessions in Indian country to train tribal 
and other police officers in the enforcement of federal 
criminal laws.

             B. DECLINATIONS TO PROSECUTE RESERVATION CRIME

    The justice system in place on Indian lands forces tribal 
communities to rely on federal officials to investigate and 
prosecute most violent crimes occurring in Indian country. 
Despite this reliance, tribal leaders and community members 
have, for decades, raised concerns that federal officials do 
not prioritize the investigation and prosecution of reservation 
crime. Tribal justice officials have also criticized the lack 
of communication, information sharing, and data collection on 
the part of federal officials regarding reservation crimes.
    In hearings held from 1961-1964, that eventually led to 
enactment of the Indian Civil Rights Act (ICRA), tribal leaders 
and tribal justice officials lodged complaints that the Federal 
Bureau of Investigation (FBI) and U.S. Attorneys failed to 
adequately respond to reservation crime. In 1961, Judge Shirley 
Nelson of the Hualapai Tribal Court testified to the following:

          [T]his seems to be one of our main problems in 
        criminal cases, the major crimes--trying to get the 
        Government to come in and take these crimes. . . . We 
        have called the FBI, and they have run the 
        investigation for us; we have called it to the 
        attention of the U.S. attorney, and he has declined to 
        take the case. He didn't give us any reason for not 
        accepting the case.\37\
---------------------------------------------------------------------------
    \37\Constitutional Rights of the American Indian (Part II): 
Hearings Before the Subcomm. on Constitutional Rights of the Senate 
Comm. on the Judiciary, 87th Cong., at 383-84 (Nov. 25, 29, and Dec. 1, 
1961).

    This and other statements led the Subcommittee on 
Constitutional Rights of the Senate Judiciary Committee to 
conclude that ``Federal authorities are slow to investigate and 
accept jurisdiction over crimes committed on Indian 
reservations.''\38\
---------------------------------------------------------------------------
    \38\Constitutional Rights of the American Indian: Summary Report of 
Hearings by the Subcomm. on Constitutional Rights of the Senate 
Committee on the Judiciary, 88th Cong., at 6 (1964).
---------------------------------------------------------------------------
    In 1975, the Ford Administration's Department of Justice 
(DOJ) Report of the Task Force on Indian Matters acknowledged 
similar complaints from tribal leaders about the high rates of 
declinations. The Task Force studied the issue and made the 
following finding:\39\
---------------------------------------------------------------------------
    \39\Doris Meissner, U.S. Department of Justice, Report of the Task 
Force on Indian Matters, at 45 (Oct. 1975).

          While a review of the available evidence demonstrates 
        that there is no conscious or systematic discriminatory 
        handling of Indian cases, it appears that current 
        federal practices and standards applied in determining 
        declinations in Indian cases have created a serious 
        problem for the overall maintenance of law and order on 
        reservations and have undermined the respect and 
        confidence which the Indian people feel in the federal 
        government's efforts to respond to the growing crime 
        rate. . . . At a minimum there has been a breakdown in 
        communication between the Justice Department and Indian 
        communities. At a maximum, the federal government is 
        exacerbating the reservation crime problem and 
        undermining Indian confidence in a system of laws by 
        prosecuting so few offenders.\40\
---------------------------------------------------------------------------
    \40\Task Force on Indian Matters, at 49.

    The Task Force acknowledged that the system in place 
requires federal prosecutors to also serve as the local 
prosecutor for Indian communities. The Task Force concluded 
that ``[i]n failing to adapt prosecutive standards and 
practices to meet this responsibility, the government has 
contributed to the reservation crime problem and undermined the 
confidence of Indian people in a system of laws.''\41\
---------------------------------------------------------------------------
    \41\Id. at 80.
---------------------------------------------------------------------------
    The Task Force recommended that DOJ develop guidelines and 
procedures to meet the government's dual role as both federal 
and local prosecutor on Indian lands, improve communication and 
coordination with tribal justice officials, and discuss 
possible efforts by the federal district and magistrate courts 
to make justice less remote to reservation communities.\42\
---------------------------------------------------------------------------
    \42\Id. at 82.
---------------------------------------------------------------------------
    Congress enacted the Indian Law Enforcement Reform Act 
(ILERA) in 1990, in part, to address concerns with high 
declination rates and a lack of communication between federal 
and tribal justice officials. Section 2809 of ILERA provides 
that ``the United States attorney is authorized to submit a 
report to the appropriate governmental and law enforcement 
officials of the Indian tribe'' when declining to prosecute an 
alleged violation of federal criminal law occurring in Indian 
country. A similar provision authorizes FBI agents and BIA 
police to submit reports to tribal officials when terminating 
criminal investigations. The provision also permits federal 
officials to share evidence with tribal officials to help build 
a prosecution in tribal court.
    Tribes contend that despite this authorization, few U.S. 
Attorney offices share evidence or other case information when 
declining a case. They contend that the lack of coordination 
has prevented prosecutions in tribal court. One tribal court 
judge testified before the Committee that ``We don't have 
information at all. . . . [T]ribal prosecutors and tribal 
courts are left with trying to decide whether they should use 
their resources to prosecute without any information from the 
Department of Justice.''\43\
---------------------------------------------------------------------------
    \43\Tribal Courts and the Administration of Justice in Indian 
Country: Before the Senate Comm. on Indian Affairs, 110th Cong., at 82 
(July 24, 2008) (statement of Theresa Pouley, Judge, Tulalip Tribal 
Court).
---------------------------------------------------------------------------
    The Committee also faced difficulty in obtaining data 
regarding Indian country declinations from DOJ. In response to 
Committee requests for statistics on Indian country 
declinations during the 110th Congress, the Justice Department 
repeatedly stated that it did not believe that declination 
statistics ``accurately reflect the rate of declinations in 
Indian Country.''\44\ The Department also stated that there are 
profound differences in case tracking systems employed by the 
various U.S. Attorneys' offices, thus, making it difficult to 
gather statistics for Indian country criminal cases.\45\
---------------------------------------------------------------------------
    \44\See e.g., Law and Order in Indian Country: Field Hearing Before 
the Senate Comm. on Indian Affairs, 110th Cong., at 71 (Mar. 17, 2008) 
(statement of Diane Humetewa, U.S. Attorney for Arizona); Letter from 
Keith B. Nelson, Principal Deputy Assistant Attorney General, Views on 
S. 3320, to Senator Dorgan, at 3 (Sept. 17, 2008) (``Federal 
declination figures cannot give a complete picture of how Indian 
Country crimes are prosecuted, and could lead to inaccurate 
conclusions.'').
    \45\Examining Declinations to Prosecute Crimes in Indian Country: 
Hearing Before the Senate Comm. on Indian Affairs, 110th Cong., at 7 
(Sept. 18, 2008) (statement of Drew Wrigley, U.S. Attorney for North 
Dakota).
---------------------------------------------------------------------------
    In written response to follow up questions from a June 25, 
2009 Committee hearing, DOJ provided the Committee with 
declination data for FY 2007 and FY 2008. The Department 
reported that Indian country declination rates were 52.2% for 
FY 2007 and 47% for FY 2008. The Department also reported that 
the declination rates for non-Indian country federal 
prosecutions were 20.7% for FY 2007 and 15.6% for FY 2008. 
These statistics were gathered using DOJ's case management 
system, the Legal Information Office Network System (LIONS). 
DOJ restated that its case management system is not designed to 
collect data to track Indian country criminal declinations. 
However, the Department stated that it is exploring ways to 
improve the tracking of declinations in Indian Country.\46\
---------------------------------------------------------------------------
    \46\In a series of investigative reports on violence in Indian 
country, the Denver Post reported that 62% of all Indian country 
criminal cases were declined for prosecution between 2004 and 2007. 
Michael Riley, Principles, Politics Collide, Denver Post (Nov. 13, 
2007) (online at http:
//www.denverpost.com/news/ci_7446439). The highest declination rates 
found by the Post were for child sex crimes (72%) and adult sex crimes 
(76.5%). This data was compiled by the Transactional Records Access 
Clearinghouse (TRAC). While not directly disputing the Denver Post 
data, the Department noted that it also cannot confirm the accuracy of 
the figures provided to the Denver Post by TRAC.
---------------------------------------------------------------------------
    The Committee acknowledges that declination statistics 
alone do not show the Department's commitment to combating 
reservation crime. In fact, they likely reflect difficulties 
caused by the justice system in place. The lack of police on 
the ground in Indian country often results in delayed responses 
to criminal activity, which prevents officers from securing the 
crime scene and gathering evidence. The lack of rape kits and 
qualified interviewers and examiners in Indian country also 
makes it difficult to build a sexual assault case for 
prosecution. For these reasons, Committee Members explained, 
declination data could be used to target the appropriate 
federal district for increased funding to meet the shortfalls 
for training, forensics equipment, personnel, or to address 
other needs caused by the system.\47\
---------------------------------------------------------------------------
    \47\See Examining Declinations to Prosecute Crimes in Indian 
Country: Hearing Before the Senate Comm. on Indian Affairs, 110th 
Cong., at 17-34 (Sept. 18, 2008) (statements of Senators Dorgan, 
Murkowski, and Tester).
---------------------------------------------------------------------------
    The investigation and prosecution of reservation crimes are 
to some extent subject to the priorities set forth by the 
Administration that is in place at any given time. Senator 
Dorgan highlighted concerns with prioritizing the prosecution 
of Indian country crimes in a discussion of recent firings of 
U.S. Attorneys who worked on Native American issues for the 
Department of Justice. The following are excerpts from the 
discussion between Senator Dorgan and Mr. Thomas Heffelfinger, 
the former U.S. Attorney from Minnesota:\48\
---------------------------------------------------------------------------
    \48\Mr. Heffelfinger was placed on a list of U.S. Attorneys to be 
dismissed, but resigned in February of 2006. He is also former Chairman 
of the Attorney General's Native American Issues Subcommittee.

          Senator Dorgan: ``I notice that either four of the 
        eight or five of the eight U.S. Attorneys who were in 
        fact replaced were on the committee, the committee that 
        you were on, dealing with Native Americans. Is that 
        purely coincidence?''
          Mr. Thomas Heffelfinger: ``I can tell you that all of 
        those five people were zealous advocates in their own 
        districts for improving public safety in Indian Country 
        and improving Indian Country's role in our broader 
        homeland security infrastructure. . . . But it is not a 
        mere coincidence that five of eight were leaders 
        amongst Native American prosecutors.''\49\
---------------------------------------------------------------------------
    \49\Law Enforcement in Indian Country: Hearing Before the Senate 
Comm. on Indian Affairs, 110th Cong., at 68-69 (June 21, 2007).

    The FY 2008 United States Attorneys' Statistical Report 
states that ``[i]n carrying out their criminal prosecution 
responsibilities, the United States Attorneys are guided by the 
law enforcement and special prosecution priorities of the 
Attorney General. These areas are set forth in the Department's 
Strategic Plan and Performance Report.''\50\ The stated 
priorities for FY 2008 included prosecution of crimes of 
terrorism, firearms, narcotics, Organized Crime Drug 
Enforcement Task Forces (OCDETF), non-OCDETF drugs, crimes 
against children, corporate fraud, cybercrimes, official 
corruption, civil rights prosecution, trafficking in persons, 
bias motivated crimes, and official police misconduct/color of 
law.\51\ A nearly identical list was provided in the FY 2007 
Report. To the Committee's knowledge, during no Administration 
has the Department of Justice included the prosecution of 
violent crime in Indian country at or near the top of its 
priority list.
---------------------------------------------------------------------------
    \50\United States Attorneys' Annual Statistical Report, U.S. 
Department of Justice, at 20 (FY 2008); online at http://
www.justice.gov/usao/reading_room/reports/asr2008/08statrpt.pdf.
    \51\ Id. at 20-37.
---------------------------------------------------------------------------
    As noted at the onset of this Report, the United States has 
incurred a legal obligation to investigate and prosecute crimes 
in Indian country that has existed for more than 120 years. S. 
797 was developed acknowledging the longstanding history of 
violence in Indian country. The bill seeks to ensure that the 
investigation and prosecution of reservation crimes is a 
priority for the current and all future Administrations by 
clarifying the Government's obligations to combat and prevent 
Indian country crime.
    The substitute amendment to S. 797 reflects a number of 
changes to Section 102 in response to comments from the 
Department of Justice. As amended, Section 102 will improve 
coordination between federal and tribal justice officials and 
accountability for the Federal Government's obligations to 
investigate and prosecute reservation crime. Section 102 would 
amend section 2809 of ILERA, by requiring the Department to 
maintain data on reservation case terminations and declinations 
by federal district, including data on the type of crime, and 
the status of both the victim and defendant as Indian or not. 
In addition, the section will require DOJ to submit an annual 
report to Congress on the findings with an explanatory 
statement. The provision also requires federal investigators 
and prosecutors to coordinate with tribal justice officials 
regarding the use of evidence when terminating an investigation 
or declining a case for prosecution.
    Section 102 makes clear that no federal agency or official 
is required to disclose confidential, privileged, or 
statutorily protected information. The intent of this provision 
is to protect future prosecutions and the safety and privacy of 
both the victim and the suspect. Communications between federal 
and tribal justice officials should be considered privileged 
information for purposes of this provision.

                       C. TRIBAL COURT SENTENCING

    When federal officials decline to prosecute alleged 
reservation crimes, tribal courts often provide the last 
opportunity for justice for the victim and the tribal 
community. However, the Indian Civil Rights Act (ICRA) limits 
the sentencing authority of tribal courts to no more than one 
year imprisonment for any one offense.\52\ As a result, tribal 
courts cannot provide a full measure of justice when trying 
cases of homicide, rape, child sexual abuse, aggravated 
assault, or other serious crimes. Section 304 of the bill will 
amend ICRA to acknowledge a tribal court's authority to 
sentence offenders for up to three years where certain 
requirements are met.
---------------------------------------------------------------------------
    \52\Indian Civil Rights Act (ICRA), 25 U.S.C. Sec. 1302(7). ICRA, 
often referred to as the Indian Bill of Rights, provides that ``[n]o 
Indian tribe in exercising powers of self-government shall--violate the 
right  . . . against unreasonable search and seizures, nor issue 
warrants, but upon probable cause. . . .; subject any person for the 
same offense to be twice put in jeopardy; compel any person in any 
criminal case to be a witness against himself; deny to any person in a 
criminal proceeding the right to a speedy and public trial, to be 
informed of the nature and cause of the accusation, to be confronted 
with the witnesses against him, to have compulsory process for 
obtaining witnesses in his favor, and at his own expense to have the 
assistance of counsel for his defense; require excessive bail, impose 
excessive fines, inflict cruel and unusual punishments, and in no event 
impose for conviction of any one offense any penalty or punishment 
greater than imprisonment for a term of one year and a fine of $5,000, 
or both; deny to any person within its jurisdiction the equal 
protection of its laws or deprive any person of liberty or property 
without due process of law; deny to any person accused of an offense 
punishable by imprisonment the right, upon request, to a trial by jury 
of not less than six persons. 25 U.S.C. Sec. 1302. The Act also 
provides that ``[t]he privilege of the writ of habeas corpus shall be 
available to any person, in a court of the United States, to test the 
legality of his detention by order of an Indian tribe.'' 25 U.S.C. 
Sec. 1303.
---------------------------------------------------------------------------
    The current limit on tribal court sentencing was imposed 
through enactment of ICRA. In the 1960's, during Senate 
hearings leading up to passage of ICRA, testimony revealed that 
tribal courts were essentially justices of the peace, which 
dealt primarily with petty offenses.\53\ As a result, Congress 
initially passed ICRA limiting tribal court sentences to no 
more than 6 months for any one offense. Congress amended ICRA 
in 1986 to acknowledge tribal court authority to impose 
sentences of no more than one year for any one offense.\54\
---------------------------------------------------------------------------
    \53\See Constitutional Rights of the American Indian: Summary 
Report of Hearings by the Subcomm. on Constitutional Rights of the 
Senate Committee on the Judiciary, 88th Cong., at 6 (1964).
    \54\25 U.S.C. Sec. 1302(7) as amended by Pub. L. No. 99-570, Tit. 
IV, Sec.  4217, 100 Stat. 3207 (Oct. 27, 1986).
---------------------------------------------------------------------------
    Facts have changed dramatically in the past twenty years. 
Tribal courts are increasingly trying violent offenses and 
tribal jails are holding more violent offenders. In testimony 
before the Committee, one tribal prosecutor stated that ``I 
have a jury trial that is scheduled on a murder, a homicide 
case on the end of this month. . . . We just finished a trial 
on a juvenile who was convicted of homicide in our court. . . 
.''\55\ Former U.S. Attorney General Janet Reno acknowledged 
that ``[t]he lack of a system of graduated sanctions through 
tribal court  . . . directly contributes to the escalation of 
adult and juvenile criminal activity.''\56\
---------------------------------------------------------------------------
    \55\Tribal Courts and the Administration of Justice in Indian 
Country: Before the Senate Comm. on Indian Affairs, 110th Cong., at 82 
(July 24, 2008) (statement of Dorma Sahneyah, Chief Prosecutor, Hopi 
Tribe). See also, Examining Declinations to Prosecute Crimes in Indian 
Country: Hearing Before the Senate Comm. on Indian Affairs, 110th 
Cong., at 40 (Sept. 18, 2008) (statement of Brent Leonhard, Deputy 
Attorney General, Confederated Tribes of the Umatilla Indian 
Reservation); Master Plan for Justice Services in Indian Country, Draft 
Final Report, at 9 (submitted to the Committee under cover letter dated 
June 17, 2008) (``The character of offenses has changed considerably 
with more severe crime than in the past. Increasingly, felons are being 
incarcerated in Indian Country instead of misdemeanors.'').
    \56\Department of Justice/Department of Interior Tribal Justice 
Initiatives: Hearing Before the Senate Comm. on Indian Affairs, 105th 
Cong., at 55 (June 3, 1998) (statement of United States Attorney 
General Janet Reno).
---------------------------------------------------------------------------
    To address these concerns and to enable tribal courts to 
dispense a greater measure of justice for the criminal cases 
presented to them, section 304 of the bill relaxes the 
sentencing limits imposed by the Indian Civil Rights Act (ICRA) 
where certain requirements are met. Section 304 leaves the 
current ICRA one year imprisonment limitation in effect. 
However, it offers tribal governments the option to subject a 
defendant to more than one year and up to three years of 
imprisonment for any one offense if the tribe meets the 
following requirements:
     Provide defendants with current ICRA protections 
against: unreasonable search and seizure, double jeopardy, 
being compelled to testify against oneself, being subject to 
excessive bail or cruel and unusual punishment, and the denial 
of equal protection or due process. Tribes must also continue 
to comply with ICRA requirements of affording defendants the 
right to a speedy trial, to be informed of the crime for which 
they have been accused, to be confronted by witnesses against 
them, to obtain witnesses in their favor, or to have a jury 
trial.
     Provide an indigent defendant a licensed attorney 
at the tribe's expense.
     Require that the judge presiding over the criminal 
trial have sufficient legal training and be licensed in any 
jurisdiction in the United States.\57\
---------------------------------------------------------------------------
    \57\The Committee received comments contending that tribal court 
judges and public defenders should be required to graduate from an 
accredited law school and licensed by a state supreme court. The 
Committee notes that the States of California, Maine, New York, 
Vermont, Virginia, Washington and Wyoming do not require attorneys to 
graduate from an accredited law school in order to practice law or 
serve as a judge.
    The intent of the section 304 licensing requirements for public 
defenders and tribal court judges respects the dual purposes of the 
Indian Civil Rights Act to protect the rights of individuals before 
tribal courts, and to acknowledge and strengthen tribal self-
government. Section 304 requires tribal governments that enact criminal 
laws subjecting offenders to more than one year imprisonment for any 
one offense to also require attorneys and judges presiding over such 
criminal trials to meet certain licensing standards. Whether the 
standard employed is a state, federal, or tribal standard will be a 
decision for the tribal government. Several tribal governments have 
developed their own tribal law standards and others have adopted state 
licensing standards. The Indian Civil Rights Act requires tribal 
governments to afford individual defendants basic rights at trial. If 
any of these rights are allegedly violated because an individual was 
provided ineffective representation, the offender has the right to ask 
for a review the tribal court's decision in federal court through a 
writ of habeas corpus.
    The Committee notes the importance of providing individuals subject 
to more than one year imprisonment for any one offense the effective 
assistance of defense counsel. To help implement this provision, the 
Committee encourages the Bureau of Indian Affairs in coordination with 
the Department of Justice to consult with tribal governments to 
establish recommended minimum guidelines for public defenders to be 
used by tribal justice systems in developing tribal government 
licensing standards where a tribe chooses not to adopt state standards.
---------------------------------------------------------------------------
     Publish the tribe's criminal laws.
    All tribal justice systems may continue to operate under 
current ICRA sentencing limitations of no more than one year 
imprisonment for any one offense. The Committee emphasizes that 
the intent of section 304 is to provide tribal governments the 
option of enacting tribal criminal laws that would be subject 
to up to three years imprisonment. If, pursuant to new 
subsection (b) of ICRA, 25 U.S.C. Sec. 1302, a tribe enacts a 
law that subjects an offender to more than one year for any one 
offense, and the tribal prosecutor charges the suspect with a 
violation of that law, then the requirements of subsection (b) 
will have to be met in the criminal trial that would ensue. If, 
after trial, the suspect is found guilty in tribal court of the 
offense charged, the tribal court judge will retain authority 
and discretion under tribal law to sentence the offender to any 
term of imprisonment, up to three years for any one offense, or 
any alternative form of punishment the court deems necessary.
    The Committee also acknowledges that in order for the 
options established under this section to be made available to 
all tribes, Congress must provide funding for tribal public 
defender programs. To address this concern, section 304(b) 
clarifies that legal services funding can be used for public 
defender services for all crimes charged in tribal court 
systems, as opposed to only misdemeanors as is provided under 
current law. Section 402 of the bill acknowledges that funding 
provided to tribal court programs administered by the 
Departments of the Interior and Justice can be used to improve 
public defender programs.
    Former U.S. Attorney General Janet Reno supported the 
concept of increasing tribal court sanctions in testimony 
before the Committee in the 105th Congress, stating that 
``[t]he range of sanctions available to tribes should include 
detention for serious violent offenders, drug courts, and other 
alternatives.''\58\ The current Administration made reference 
to this provision in a recent letter to the Committee: ``The 
Department acknowledges that some tribal courts may have the 
capacity to impose sentences greater than one year for one 
offense, in accord with the required protections included in 
section 304 of S. 797. That provision serves as an 
acknowledgement of inherent tribal court authority.''\59\
---------------------------------------------------------------------------
    \58\Department of Justice/Department of Interior Tribal Justice 
Initiatives: Hearing Before the Senate Comm. on Indian Affairs, 105th 
Cong., at 4 (June 3, 1998) (statement of United States Attorney General 
Janet Reno).
    \59\Letter from Ronald Weich, Assistant Attorney General, to 
Senator Dorgan, at 8 (Oct. 2, 2009).
---------------------------------------------------------------------------

Bureau of Prisons pilot project

    Because of the limited sentencing authority of tribal 
courts, most tribal jails were built with short-term 
incarceration in mind, and many may not be fit for long term 
incarceration. However, because tribal courts have increasingly 
tried violent criminal cases that are declined for prosecution 
in the federal system, tribal jails house a mix of both petty 
criminals and violent offenders.
    To address these concerns and to broaden the already wide 
array of sentencing options available to tribal courts, section 
304 of the bill authorizes tribal courts, when subjecting 
defendants to more than one year for any one offense, to 
sentence offenders to serve the term:
     In a tribal jail that is approved by BIA for long 
term incarceration.
     In a state or local government facility pursuant 
to an agreement with the tribal government.
     In a tribe's alternative rehabilitation center or 
pursuant to an alternative form of sentencing pursuant to 
tribal law.
     In the nearest appropriate federal facility 
pursuant to a pilot program to be administered by the U.S. 
Bureau of Prisons.
    The Bureau of Prisons (BOP) Pilot Project is intended to 
give tribal courts, without adequate facilities, the option to 
sentence violent offenders to serve their term of imprisonment 
in the nearest appropriate federal facility.\60\ S. 797 
requires the Director of the BOP to establish the program 
within 120 days of enactment. Under the program, tribal courts 
would initiate the request along with information relevant to 
the conviction to the DOJ. The Department would then have 30 
days to act on the request. The pilot project is limited to no 
more than 100 offenders at any one time, and is limited in 
duration to four years from the date of establishment of the 
program unless reauthorized. The Attorney General is directed 
to submit a report to Congress no later than three years from 
the date of establishment of the program describing the status 
of the program and any recommendation for reauthorization.
---------------------------------------------------------------------------
    \60\The concept for the Bureau of Prisons pilot project 
acknowledges the Federal Government's responsibility to provide public 
safety on Indian lands and was based in part on the National Capital 
Revitalization and Self-Government Improvement Act that directed the 
transfer of prisoners confined in Washington, D.C. prisons to the 
Federal Bureau of Prisons. Public Law 105-33 (Aug. 5, 1997). The 
analogy between the Federal responsibility for public safety in the 
Nation's Capitol and in Indian country was noted in the Ford 
Administration's Report of the Task Force on Indian Matters. Doris M. 
Meissner, U.S. Department of Justice, Report of the Task Force on 
Indian Matters, at 51 (Oct. 1975) (``The District of Columbia is also a 
federal enclave in which the federal government must play a state 
government role in the criminal justice area in a manner similar to 
that required of it with respect to Indian communities.'').
---------------------------------------------------------------------------

               D. COMBATING DOMESTIC AND SEXUAL VIOLENCE

    Committee hearings revealed an epidemic of domestic 
violence and sexual assault in Indian country, far too many of 
which go unreported and unpunished. Government reports cite the 
facts that 34% of American Indian and Alaska Native women will 
be raped in their lifetimes,\61\ and 39% of Indian women will 
suffer domestic violence.\62\ The Committee received testimony 
pointing to several causes for the prevalence of violence 
against Native women: (1) a lack of resources for police to 
investigate these crimes and resources to collect evidence, (2) 
a lack of police training for investigations and evidence 
collection, and (3) a lack of urgency at the federal level in 
investigating and prosecuting crimes of domestic and sexual 
violence.\63\
---------------------------------------------------------------------------
    \61\Full Report of the Prevalence, Incidence, and Consequences of 
Violence Against Women, U.S. Department of Justice, Patricia Tjaden & 
Nancy Thoennes, at 22 (2000); Maze of Injustice, Amnesty International 
U.S.A., at 2 (April 2007).
    \62\Adverse Health Conditions and Health Risk Behaviors Associated 
with Intimate Partner Violence, Centers for Disease Control, (Feb. 
2008).
    \63\Examining the Prevalence of and Solutions to Stopping Violence 
Against Indian Women: Hearing Before the Senate Comm. on Indian 
Affairs, 110th Cong., at 7 (Sept. 27, 2007) (statement of Alexandria 
Arriaga, Director of Government Relations, Amnesty International 
U.S.A.) (``Prosecutions for crimes of sexual violence against 
indigenous women are rare in Federal, State and tribal courts. The high 
levels of impunity can become an incentive for perpetrators to commit 
further crimes. As one interviewee told Amnesty, it feels as though the 
reservation has become lawless.''); id. at 63 (statement of Karen 
Artichoker, Director, Sacred Circle National Resource Center to End 
Violence Against Native Women) (``A young woman came to me, she had 
been raped in her own home, in her own bed. And she had reported it, 
she said the criminal investigator told her, sounds to me like you need 
to change your lifestyle.''); id. (statement of Tammy Young, Director, 
Alaska Native Women's Coalition) (``We have a young woman in a small 
village, about 150 people, called not just once, but three different 
times, feeling as though maybe they didn't understand what she was 
explaining to them, what had actually happened. An entire year went by 
and no response other than the interview on the phone. No other person 
was contacted.''). See also, Law Enforcement in Indian Country, Hearing 
Before the Senate Comm. on Indian Affairs, 110th Cong., at 18 (June 21, 
2009) (statement of Bonnie Clairmont, Victim Advocacy Program 
Specialist, Tribal Law and Policy Institute).
---------------------------------------------------------------------------
    Other recent reports confirmed these findings. The Amnesty 
International U.S.A. April 2007 Report Maze of Injustice: The 
Failure to protect Indigenous women from sexual violence in the 
USA studied Indian communities in Alaska, North Dakota, and 
Oklahoma. On the topic of resources, the Report found that as 
of February 2006, only 7 BIA police officers patrolled the 2.3 
million acre Standing Rock Sioux Reservation that straddles the 
border between North Dakota and South Dakota.\64\ The 
Reservation had only 2-3 officers on duty at any one time. As a 
result, ``[w]omen on the Reservation who report sexual violence 
often have to wait for hours or even days before receiving a 
response. . . . Sometimes there is no response at all.''\65\ 
The Report noted when a victim's call is answered the local 
health facility often lacks the necessary rape kit or 
specialized training. In addition, 44% of Indian Health Service 
(IHS) facilities lack personnel trained to provide emergency 
services to respond to sexual violence, and 30% lack the basic 
protocols for treating victims.\66\
---------------------------------------------------------------------------
    \64\Maze of Injustice, Amnesty International U.S.A., at 43 (April 
2007).
    \65\Id.
    \66\Id. at 41-59.
---------------------------------------------------------------------------
    The impact of the lack of resources is felt by the victim, 
the community, and the individual officers alike. A National 
Public Radio report also highlighted the problems of 
prosecuting domestic violence and sexual assaults in Indian 
country. In a report titled Rape Cases on Indian Lands Go 
Uninvestigated, one former BIA police officer was quoted as 
saying that he was too overwhelmed to keep up with distress 
calls for sexual assault. When it came to federal prosecutors, 
he stated, ``We all knew they only take the ones with a 
confession . . . We were forced to triage our cases. . . . I 
felt like I was standing in the middle of the river trying to 
hold back the flood.''\67\
---------------------------------------------------------------------------
    \67\Laura Sullivan, Rape Cases on Indian Lands Go Uninvestigated, 
National Public Radio (July 25, 2007) (online at http://www.npr.org/
templates/story/story.php?storyId=12203114).
---------------------------------------------------------------------------
    This predicament is aggravated by the difficulty in 
prosecuting offenders when crimes are reported. While no 
federal agency has provided detailed statistics regarding 
declinations to prosecute Indian country sexual assaults, the 
Denver Post, in a series of investigative reports, found that 
76.5% of adult rapes against Indian women, and 72% of sex 
crimes against Indian children were declined for prosecution 
between 2004 and 2007.\68\
---------------------------------------------------------------------------
    \68\Michael Riley, Principles, Politics Collide, Denver Post (Nov. 
13, 2007) (online at http://www.denverpost.com/news/ci_7446439).
---------------------------------------------------------------------------
    To address issues of federal accountability, section 102, 
discussed above, would require federal investigators and 
prosecutors to maintain data on all case terminations and 
declinations to prosecute allegations of sexual and domestic 
violence in Indian country. In addition, when a case is 
terminated or declined, section 102 requires federal officials 
to coordinate with tribal police and prosecutors on the use of 
evidence for a concurrent prosecution in tribal court. Section 
304 acknowledges that tribal courts can sentence offenders for 
up to three years imprisonment for any one offense so that the 
possible punishment for rapes and sexual assaults prosecuted in 
tribal courts better meets the crime.
    Title VI of S. 797 addresses a number of other issues to 
improve investigation, and prosecution of reservation domestic 
and sexual violence. Section 601 will require federal officials 
to notify the tribal justice officials at least 5 days prior to 
releasing convicted sex offenders from custody onto Indian 
lands or approving the change of residence of offenders on 
probation into Indian country. Current law requires federal 
officials to only notify the state or local jurisdiction, 
leaving tribal communities uninformed about the presence of 
sexual predators.
    Section 602 expands the duties of the Bureau of Indian 
Affairs (BIA) Office of Justice Services to require training of 
officers in interviewing victims of domestic and sexual 
violence and in collecting, preserving, and presenting evidence 
to federal and tribal prosecutors. The intent of this section 
is to improve the services provided to victims of domestic and 
sexual violence and increase the conviction rates for such 
offenses committed in Indian country.
    Section 603 would require federal employees to testify in 
tribal or state court pursuant to subpoena on matters within 
the scope of their duties. This provision was adopted in 
response to statements from tribal court judges and prosecutors 
who noted that it was often difficult to obtain testimony from 
BIA police or Indian Health Service (IHS) doctors or nurses.
    Section 604 would require the BIA, IHS, and DOJ to 
coordinate on the development of victim services, victim 
advocate training programs, and identification of obstacles to 
prosecuting crimes of domestic violence, sexual assault, and 
sex trafficking. The intent of this section is to enhance 
inter-agency coordination to combat the prevalence of domestic 
and sexual violence. This provision may be particularly useful 
in addressing the troubling victim and witness intimidation 
that occurs in these types of cases and the Committee 
encourages the agencies to include aggressive strategies to 
address this barrier.
    Section 605 would require the IHS to establish standardized 
sexual assault protocol at tribal health facilities. This 
section was adopted in response to findings that 30% of IHS 
facilities did not have protocols in place for emergency 
services in cases of sexual violence.
    Section 607 requires the Government Accountability Office 
to conduct a study of the capability of IHS facilities in 
remote Indian reservations and Alaska Native villages to 
collect, maintain and secure evidence of sexual assault and 
domestic violence incidents required for criminal prosecution 
and develop recommendations for improving those capabilities. 
The committee is concerned that the IHS may not be adequately 
funded to retain and/or train the personnel necessary to 
perform these functions and to ensure that this capacity exists 
in remote Indian communities.

          VI. Section-by-Section Analysis of S. 797 as Amended


            TITLE I. FEDERAL ACCOUNTABILITY AND COORDINATION

Section 101. Office of Justice Services

    Section 101(b) would require the Interior Department's 
Office of Justice Services (OJS) to hold regular consultations 
with tribal leaders, and to provide technical assistance and 
training to tribal police. This provision would also require 
OJS to submit annual spending and unmet needs reports to 
Congress. OJS would be required to coordinate with the 
Department of Justice (DOJ) to develop a long term plan to 
address concerns with the Bureau of Indian Affairs (BIA) and 
tribal jails system. Finally, it would also require OJS to 
submit short and long term plans to fill BIA and tribal police 
officer vacancies.
    Section 101(c) would authorize BIA police to make 
warrantless arrests where the officer has ``probable cause'' to 
believe that the suspect has committed or is committing certain 
crimes. Current law requires officers to have ``reasonable 
grounds'' to make a warrantless arrest. This provision also 
adds a list of offenses for which BIA police may make a 
warrantless arrest, including certain controlled substances, 
firearms, assaults, and liquor trafficking violations.

Section 102. Dispositions reports

    This section would require U.S. Attorneys to coordinate 
with tribal justice officials on the use of evidence when 
declining to prosecute a reservation crime. It would also 
require U.S. Attorneys to maintain data on declinations, and to 
publish an annual report on declinations by federal district, 
type of crime, and status of the defendant and victim as Indian 
or not.

Section 103. Prosecution of crimes in Indian country

    Section 103(a) would clarify that U.S. Attorneys may 
appoint tribal prosecutors and other Indian law experts as 
special Assistant U.S. Attorneys to prosecute reservation 
crimes in federal court. This provision would encourage such 
appointments, in consultation with affected tribes. Section 103 
would also urge U.S. Attorneys to coordinate with federal 
courts when making such appointments.
    Section 103(b) would require the appointment of Assistant 
United States Attorneys to serve as Tribal Liaisons. It would 
also define their responsibilities to include: coordinating the 
prosecution of reservation crimes, developing multi-
disciplinary task forces, and communicating and providing 
technical assistance to tribal law enforcement officials.

Section 104. Administration

    Section 104(a) would elevate and make permanent the Office 
of Tribal Justice (OTJ) within the Department of Justice. It 
would also define the OTJ's role to develop and direct the 
Department's Indian affairs policies, and coordinate and 
consult with tribal leaders on matters affecting tribal 
interests.
    Section 104(b) would establish a Native American Issues 
Coordinator within the Executive Office of U.S. Attorneys. The 
Coordinator would be responsible for working with tribal 
liaisons to enhance prosecution of reservation crimes, 
coordinating task forces to address Indian country crime, and 
gathering information for criminal declination data reports to 
Congress.

Section 105. Prescription drug monitoring

    This section would direct the Secretary of Health and Human 
Services to establish a prescription drug monitoring program to 
be carried out at Indian Health Service and tribal health 
facilities and require the Attorney General to provide training 
to prevent the abuse of prescription drugs.

            TITLE II. STATE ACCOUNTABILITY AND COORDINATION

Section 201. State criminal jurisdiction and resources

    Section 201 would permit an Indian tribe to request federal 
assistance in investigating and prosecuting reservation crimes, 
which, upon consent to the request by the Attorney General, 
would provide the United States with concurrent authority over 
certain reservation crimes.

Section 202. Incentives for tribal-state cooperation

    Section 202 would authorize the Attorney General to provide 
grants, technical, and other assistance to encourage tribal, 
state, and local law enforcement agencies to enter into 
cooperative law enforcement agreements to combat crime in 
Indian country and nearby communities.

              TITLE III. EMPOWERING TRIBAL JUSTICE SYSTEMS

Section 301. Tribal police officers

    Section 301(a) would require the Department of the 
Interior-OJS to permit greater flexibility in training of 
police officers serving Indian country, including permitting 
candidates to train at state and tribal academies, tribal 
colleges and other training centers that meet relevant federal 
training standards. This provision would also raise the maximum 
age for new officers to 46 and would require the BIA to 
expedite background checks for police and corrections officer 
candidates.
    Section 301(b) would enhance existing law to grant Special 
Law Enforcement Commissions (SLEC) to officers serving Indian 
lands to enforce violations of federal law. It would require 
the BIA to provide regional trainings to certify officers, and 
add requirements to set timelines for SLEC-related agreements 
between the BIA and tribal governments.
    Section 301(c) would establish an Indian Law Enforcement 
Foundation that would be tasked with advancing the role of BIA 
and tribal law enforcement officers and the provision of public 
safety and justice services in American Indian and Alaska 
Native communities.

Section 302. Drug enforcement in Indian country

    Section 302 would authorize the Drug Enforcement 
Administration (DEA) to provide grants and technical assistance 
to tribal police to address drug trafficking in Indian country. 
This provision would also require the DEA to place tribal 
officers on the advisory panel to develop and coordinate 
educational programs to fight drug trafficking.

Section 303. Access to national crime databases

    Section 303 would enhance tribal police officer access and 
ability to input information into the National Crime 
Information Center and similar federal criminal databases. The 
provision establishes tribal officers as authorized law 
enforcement officials for purposes of access to such databases.

Section 304. Tribal court sentencing

    This section would acknowledge the ability of tribal courts 
to sentence offenders for up to 3 years imprisonment for any 
one offense of a tribal criminal law. If a tribe exercises this 
option, the tribe must provide indigent defendants a licensed 
defense attorney, the tribal court judges presiding over the 
case must be licensed and law trained, and the tribe must 
publish its criminal laws. Tribal courts exercising this option 
may to sentence offenders to serve time in: (1) a tribal 
facility that meets minimum federal standards; (2) the nearest 
appropriate federal facility pursuant to a pilot project 
administered by the Bureau of Prisons; (3) in a state facility 
pursuant to a tribal-state agreement; or (4) the tribe's 
alternative rehabilitation center or an alternative form of 
sentencing pursuant to tribal law.

Section 305. Indian Law and Order Commission

    Section 306 would establish an Indian Law and Order 
Commission made up of tribal, federal, and state & local 
justice officials, and other experts. The Commission would be 
tasked with reviewing the current justice system as it relates 
to Indian lands and providing recommendations to enhance the 
prosecution and prevention of crime in Indian country. Specific 
items to be reviewed include: criminal jurisdiction; the tribal 
jails system; and the tribal juvenile justice system.

            TITLE IV. RESOURCES FOR TRIBAL JUSTICE PROGRAMS

Section 401. Indian alcohol and substance abuse

    This section would reauthorize and amend the Indian Alcohol 
and Substance Abuse Act (IASA), which provides grants for 
summer youth programs, to develop tribal juvenile codes, and to 
construct shelters and detention and treatment centers for at 
risk youth and juvenile offenders. This provision would also 
direct the Substance Abuse and Mental Health Administration 
(SAMHSA) to take the lead role in interagency coordination on 
tribal substance abuse programs. SAMHSA would establish and 
appoint a Director of the Office of Indian Alcohol and 
Substance Abuse that would develop a framework for setting 
interagency communication goals, and provide technical 
assistance to tribal governments to develop and enhance alcohol 
and substance abuse prevention programs.

Section 402. Tribal courts programs

    Section 402 would reauthorize the Indian Tribal Justice 
Support and Technical & Legal Assistance Acts, which provide 
funding for tribal court judicial personnel, public defenders, 
court facilities, development of records management systems, 
and other needs of tribal court systems.

Section 403. Tribal COPS program

    Section 403 would reauthorize and amend the Tribal 
Resources Grant Program within the Community Oriented Policing 
Services Office of DOJ. It would authorize long term funding 
for the hiring and retention of tribal law enforcement 
officers, remove matching requirements, and permit tribes to 
use funds to cover indirect costs.

Section 404. DOJ tribal jails program

    This section would reauthorize and amend the DOJ tribal 
jails construction program. It would authorize and encourage 
the construction of regional detention centers for long-term 
incarceration, tribal justice centers that combine courts, 
police, and corrections services, and would require DOJ, in 
coordination with the BIA, to develop a long-term plan for the 
construction, maintenance, and operation of tribal detention 
and alternative rehabilitation centers.

Section 405. Assistant probation officers

    Section 405 would authorize and encourage the appointment 
of Indian country residents to serve as assistant probation 
officers to monitor federal prisoners living on or reentering 
Indian lands. This provision would also encourage the federal 
courts to offer services on or near Indian lands.

Section 406. Tribal youth program

    Section 406 would amend the Juvenile Justice and 
Delinquency Prevention Act, 42 U.S.C. 5783, by establishing a 
Tribal Youth Program in Title V of that Act, authorizing 
competitive grants to tribes for activities aimed at preventing 
juvenile delinquency and treating and rehabilitating juvenile 
offenders.

Section 407. Improving public safety in rural Alaska

    This section would make Alaska Village Public Safety 
Officer positions eligible for Community Oriented Policing 
Services funding. This provision is intended only to provide 
access to training and establish a training grant program, and 
neither directly nor by implication defines the jurisdiction of 
tribes in Alaska.

 TITLE V. INDIAN COUNTRY CRIME DATA COLLECTION AND INFORMATION SHARING

Section 501. Uniform Indian country crime reporting

    Section 501(a) requires the National Gang Intelligence 
Center to collect, analyze, and disseminate information on gang 
activity in Indian country. Section 501(b) would make tribal 
governments eligible for federal grants that promote criminal 
data collection and criminal history reporting. It would also 
require the DOJ's Bureau of Justice Statistics to report Indian 
country criminal data to Congress on an annual basis.

Section 502. Tribal data collection program

    This section would authorize and direct the Interior 
Department's Office of Justice Services, in coordination with 
the Department of Justice, to develop a program to aid tribal 
police department efforts to establish and improve criminal 
data collection systems.

Section 503. Tribal criminal history record improvement program

    Section 503 would authorize the DOJ Bureau of Justice 
Assistance to provide grants to Indian tribes to establish 
secure information sharing systems to enhance tribal police 
investigations and tribal court prosecutions.

    TITLE VI. DOMESTIC VIOLENCE AND SEXUAL ASSAULT ENFORCEMENT AND 
                               PREVENTION

Section 601. Notification of tribal governments

    Section 601 would require the Director of the Bureau of 
Prisons and the Director of the Administrative office of the 
U.S. Courts to notify tribal justice officials when a person in 
federal custody will return or move to Indian country.

Section 602. Domestic and sexual violence training

    Section 602 would require the BIA Office of Justice 
Services to develop trainings and provide BIA and tribal 
officers with specialized training in interviewing victims of 
domestic and sexual violence, and evidence collection and 
preservation techniques, with the goal of increasing the 
conviction rates of such offenses.

Section 603. Testimony by Federal employees

    Section 603 would require federal employees to testify 
pursuant to tribal or state court subpoenas on matters within 
the scope of their duties.

Section 604. Coordination of Federal agencies

    Section 604 would require the Bureau of Indian Affairs, the 
Indian Health Service (IHS), and the Department of Justice to 
coordinate to develop victim services and victim advocate 
training programs, and identify obstacles to prosecuting crimes 
of domestic violence, sexual assault, and human trafficking in 
Indian country.

Section 605. Sexual assault protocol

    This section would require the IHS to establish and 
implement standardized sexual assault protocol at IHS and 
tribal health facilities.

Section 606. Alaska Native Village community safety demonstration 
        project

    This section would authorize a demonstration project within 
the DOJ Office of Justice Programs to develop innovative 
approaches to improving public safety in up to 30 Alaska Native 
Villages.

Section 607. Study of IHS sexual assault and domestic violence response 
        capabilities

    This section would direct the Government Accountability 
Office to study the capability of IHS to collect and secure 
evidence of domestic and sexual assaults in rural tribal and 
Alaska Native communities.

                 VII. Cost and Budgetary Considerations

    The cost estimate for S. 797, as calculated by the 
Congressional Budget Office, is set forth below:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 25, 2009.
Hon. Byron L. Dorgan,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 797, the Tribal Law 
and Order Act of 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                      Douglas V. Elmendorf,
                                                          Director.
    Enclosure.

S. 797--Tribal Law and Order Act of 2009

    Summary: S. 797 would establish or reauthorize various 
programs and offices within the Bureau of Indian Affairs (BIA) 
and the Department of Justice (DOJ) to support the criminal 
justice system on Indian lands. Assuming appropriation of the 
necessary amounts, CBO estimates that implementing S. 797 would 
cost nearly $1.1 billion over the 2010-2014 period and about 
$380 million after 2014. Enacting the bill would not affect 
direct spending or revenues.
    S. 797 would authorize the appropriation of $566 million 
over the 2010-2014 period for BIA and DOJ to carry out the 
bill's provisions. In addition, CBO estimates that 
appropriations totaling another $880 million over the five-year 
period would be necessary for those purposes.
    S. 797 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 797 is shown in the following table. The 
costs of this legislation fall within budget functions 450 
(community and regional development) and 750 (administration of 
justice).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                    ------------------------------------------------------------
                                                       2010      2011      2012      2013      2014    2010-2014
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Programs with Specified Funding Levels:
    Authorization Level............................       106       115       115       115       115        566
    Estimated Outlays..............................        53        85       102       110       115        465
Other Programs:
    Estimated Authorization Level..................       175       176       176       177       179        883
    Estimated Outlays..............................        27       101       136       162       179        605
    Total Spending Under S. 797:
    Estimated Authorization Level..................       281       291       291       292       294      1,449
    Estimated Outlays..............................        80       186       238       272       294      1,070
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
797 will be enacted near the start of fiscal year 2010, that 
the necessary amounts will be appropriated each year, and that 
spending will follow the historical spending patterns for those 
or similar activities.

Programs with specified funding levels

    S. 797 would authorize the appropriation of $566 million 
over the 2010-2014 period for BIA and DOJ programs to improve 
the operation of the criminal justice system on Indian lands. 
Specifically, the bill would authorize the appropriation of:
           $50 million annually over the 2010-2014 
        period for BIA to support the development, enhancement, 
        and operation of tribal justice systems;
           $35 million annually over the 2010-2014 
        period for DOJ to make grants to Indian tribes for the 
        construction and maintenance of detention facilities 
        and tribal justice centers;
           $10 million annually over the 2010-2014 
        period for BIA to operate emergency shelters for Indian 
        youth who abuse alcohol or illegal substances;
           $10 million annually over the 2011-2015 
        period for DOJ to make grants to Indian tribes to 
        improve public safety in Alaska Native villages; and
           A total of $10 million annually over the 
        2010-2014 period for other BIA programs to enhance 
        tribal law enforcement, combat substance abuse on 
        Indian lands, and support tribal courts.

Other programs

    S. 797 also would authorize the appropriation of whatever 
sums are necessary over the 2010-2014 period for BIA and DOJ 
programs to support the operation of the criminal justice 
system on Indian lands. CBO estimates that appropriations for 
those purposes would total $883 million. We estimate that, in 
total, implementing those programs would cost $605 million over 
the 2010-2014 period.
    Specifically, the bill would authorize appropriations for 
DOJ to make grants to:
           State, local, and tribal governments for 
        programs to prevent juvenile delinquency and assist 
        juvenile offenders (in 2009, about $62 million was 
        appropriated for this program);
           Tribes to hire and equip law enforcement 
        officers (in 2009, about $20 million was appropriated 
        for this program); and
           Tribes to support tribal courts and legal 
        assistance programs (in 2009, about $9 million was 
        appropriated for this program).
    CBO estimates that continuing those programs at the current 
level and adjusting for anticipated inflation over the 2010-
2014 period would cost $286 million over the five-year period.
    Section 401 would authorize appropriations for BIA to 
construct emergency shelters, halfway houses, and juvenile 
detention facilities for tribal youth. According to BIA, 
construction costs for similar facilities on Indian lands 
average about $10 million per project. Based on information 
from BIA regarding the demand for such facilities in Indian 
country, CBO estimates that this provision would cost $227 
million over the 2010-2014 period.
    Section 202 would authorize appropriations for DOJ to make 
grants and provide other assistance to state, local, and tribal 
governments for cooperative programs to reduce crime in Indian 
country and nearby communities. Based on funding levels in 
recent years for similar cooperative programs, CBO estimates 
that this provision would cost $34 million over the 2010-2014 
period.
    There are several other provisions in the bill that 
authorize the necessary sums over the 2010-2014 period for 
certain BIA programs. CBO estimates that a program to train 
tribal law enforcement and judicial personnel to address 
matters related to substance abuse and illegal narcotics would 
cost about $5 million a year. In addition, we estimate that a 
program to combat the trafficking of illegal narcotics on 
Indian lands along the northern and southern borders would cost 
about $3 million a year. Finally, we estimate that several 
other programs aimed at reducing substance abuse and 
eliminating illegal narcotics in Indian country would cost a 
total of $4 million annually. In total, CBO estimates that 
implementing those provisions would cost $58 million over the 
five-year period.
    Intergovernmental and private-sector impact: S. 797 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. Tribal governments would benefit from the 
authorization of appropriations for law enforcement and 
criminal justice activities. Any costs to those governments 
would be incurred voluntarily as a condition of receiving 
federal assistance.
    Estimate prepared by: Federal Costs: Mark Grabowicz and 
Jeff LaFave; Impact on state, local, and tribal governments: 
Melissa Merrell; Impact on the private sector: Marin Randall.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                   VIII. Regulatory Impact Statement

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires each report accompanying a bill to evaluate the 
regulatory and paperwork impact that would be incurred in 
carrying out the bill. The Committee believes that S. 797 will 
have a minimal impact on regulatory or paperwork requirements.

                      IX. Changes in Existing Law

    In accordance with subsection 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 797, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new language to be added in italic, existing law to 
which no change is proposed is show in roman):

18 U.S.C. Sec. 1162. State jurisdiction over offenses committed 
by or against Indians in the Indian country.

           *       *       *       *       *       *       *

    (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 and State and tribal 
        governments.

           *       *       *       *       *       *       *

18 U.S.C. Sec. 4042. Duties of Bureau of Prisons

    (a) In General.--The Bureau of Prisons, under the direction 
of the Attorney General, shall--

           *       *       *       *       *       *       *

          (4) provide technical assistance to State, tribal, 
        and local governments in the improvement of their 
        correctional systems;

           *       *       *       *       *       *       *

    (b) Notice of Release of Prisoners.--
          (1) At least 5 days prior to the date on which a 
        prisoner described in paragraph (3) is to be released 
        on supervised release, or, in the case of a prisoner on 
        supervised release, at least 5 days prior to the date 
        on which the prisoner changes residence to a new 
        jurisdiction, written notice of the release or change 
        of residence shall be provided to the chief law 
        enforcement officers of each State, tribal, and local 
        jurisdiction [officer of the State and of the local 
        jurisdiction] in which the prisoner will reside. Notice 
        prior to release shall be provided by the Director of 
        the Bureau of Prisons. Notice concerning a change of 
        residence following release shall be provided by the 
        probation officer responsible for the supervision of 
        the released prisoner, or in a manner specified by the 
        Director of the Administrative Office of the United 
        States Courts. The notice requirements under this 
        subsection do not apply in relation to a prisoner being 
        protected under chapter 224.

           *       *       *       *       *       *       *

    (c) Notice of Sex Offender Release.--
          (1) In the case of a person described in paragraph 
        (3), or any other person in a category specified by the 
        Attorney General, who is released from prison or 
        sentenced to probation, notice shall be provided to--
                  (A) the chief law enforcement officer of each 
                State, tribal, and local jurisdiction [officer 
                of the State and of the local jurisdiction] in 
                which the person will reside; and
                  (B) a State, tribal, or local agency 
                responsible for the receipt or maintenance of 
                sex offender registration information in the 
                State, tribal, or local jurisdiction in which 
                the person will reside.

           *       *       *       *       *       *       *

18 U.S.C. Sec. 4352.--Authority of Institute; time; records of 
recipients; access; scope of section

    (a) In addition to the other powers, express and implied, 
the National Institute of Corrections shall have authority--
          (1) to receive from or make grants to and enter into 
        contracts with Federal, State, tribal, and general 
        units of local government, public and private agencies, 
        educational institutions, organizations, and 
        individuals to carry out the purposes of this chapter;

           *       *       *       *       *       *       *

          (3) to assist and serve in a consulting capacity to 
        Federal, State, tribal, and local courts, departments, 
        and agencies in the development, maintenance, and 
        coordination of programs, facilities, and services, 
        training, treatment, and rehabilitation with respect to 
        criminal and juvenile offenders;
          (4) to encourage and assist Federal, State, tribal, 
        and local government programs and services, and 
        programs and services of other public and private 
        agencies, institutions, and organizations in their 
        efforts to develop and implement improved corrections 
        programs;

           *       *       *       *       *       *       *

          (6) to develop technical training teams to aid in the 
        development of seminars, workshops, and training 
        programs within the several States and tribal 
        communities and with the State, tribal, and local 
        agencies which work with prisoners, parolees, 
        probationers, and other offenders;

           *       *       *       *       *       *       *

          (8) to formulate and disseminate correctional policy, 
        goals, standards, and recommendations for Federal, 
        State, tribal, and local correctional agencies, 
        organizations, institutions, and personnel;

           *       *       *       *       *       *       *

          (12) to confer with and avail itself of the 
        assistance, services, records, and facilities of State, 
        tribal, and local governments or other public or 
        private agencies, organizations, or individuals;

           *       *       *       *       *       *       *

21 U.S.C. Sec. 872. Education and research programs of Attorney 
General

    (a) Authorization.--The Attorney General is authorized to 
carry out educational and research programs directly related to 
enforcement of the laws under his jurisdiction concerning drugs 
or other substances which are or may be subject to control 
under this subchapter. Such programs may include--
          (1) educational and training programs on drug abuse 
        and controlled substances law enforcement for local, 
        State, tribal, and Federal personnel;

           *       *       *       *       *       *       *

    (c) Identification of Research Populations; Authorization 
to Withhold.--The Attorney General may authorize persons 
engaged in research to withhold the names and other identifying 
characteristics of persons who are the subjects of such 
research. Persons who obtain this authorization may not be 
compelled in any Federal, State, tribal, or local civil, 
criminal, administrative, legislative, or other proceeding to 
identify the subjects of research for which such authorization 
was obtained.

           *       *       *       *       *       *       *

21 U.S.C. Sec. 872a. Public-private education program

    (a) Advisory Panel.--The Attorney General shall establish 
an advisory panel consisting of an appropriate number of 
representatives from Federal, State, tribal, and local law 
enforcement and regulatory agencies with experience in 
investigating and prosecuting illegal transactions of precursor 
chemicals. The Attorney General shall convene the panel as 
often as necessary to develop and coordinate educational 
programs for wholesale and retail distributors of precursor 
chemicals and supplies.
    (b) Continuation of Current Efforts.--The Attorney General 
shall continue to--

           *       *       *       *       *       *       *

          (2) provide assistance to State, tribal, and local 
        law enforcement and regulatory agencies to facilitate 
        the establishment and maintenance of educational 
        programs for distributors of precursor chemicals and 
        supplies.

           *       *       *       *       *       *       *

21 U.S.C. Sec. 873.

    (a) Cooperation of Attorney General with Local, State, and 
Federal Agencies.--The Attorney General shall cooperate with 
local, State, tribal, and Federal agencies concerning traffic 
in controlled substances and in suppressing the abuse of 
controlled substances. To this end, he is authorized to--

           *       *       *       *       *       *       *

          (6) assist State, tribal, and local governments in 
        suppressing the diversion of controlled substances from 
        legitimate medical, scientific, and commercial channels 
        by--

           *       *       *       *       *       *       *

          (7) notwithstanding any other provision of law, enter 
        into contractual agreements with State, tribal, and 
        local law enforcement agencies to provide for 
        cooperative enforcement and regulatory activities under 
        this chapter.

           *       *       *       *       *       *       *

    (d) Grants by Attorney General.--
          (1) The Attorney General may make grants, in 
        accordance with paragraph (2), to State, tribal, and 
        local governments to assist in meeting the costs of--

           *       *       *       *       *       *       *

21 U.S.C. Sec. 878. Powers of enforcement personnel

    (a) Any officer or employee of the Drug Enforcement 
Administration or any State, tribal, or local law enforcement 
officer designated by the Attorney General may--

           *       *       *       *       *       *       *

25 U.S.C. Sec. 450 (sections 701-703). Title VII--Indian Law 
Enforcement Foundation

              TITLE VII--INDIAN LAW ENFORCEMENT FOUNDATION

SEC. 701. DEFINITIONS.

    In this title:
          (1) Board.--The term ``Board'' means the Board of 
        Directors of the Foundation.
          (2) Bureau.--The term ``Bureau'' means the Office of 
        Justice Services of the Bureau of Indian Affairs.
          (3) Committee.--The term ``Committee'' means the 
        Committee for the Establishment of the Indian Law 
        Enforcement Foundation established under section 
        702(e)(1).
          (4) Foundation.--The term ``Foundation'' means the 
        Indian Law Enforcement Foundation established under 
        section 702.
          (5) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.

SEC. 702. INDIAN LAW ENFORCEMENT FOUNDATION.

    (a) Establishment.--
          (1) In general.--As soon as practicable after the 
        date of enactment of this title, the Secretary shall 
        establish, under the laws of the District of Columbia 
        and in accordance with this title, a foundation, to be 
        known as the `Indian Law Enforcement Foundation'.
          (2) Funding determinations.--No funds, gift, 
        property, or other item of value (including any 
        interest accrued on such an item) acquired by the 
        Foundation shall--
                  (A) be taken into consideration for purposes 
                of determining Federal appropriations relating 
                to the provision of public safety or justice 
                services to Indians; or
                  (B) otherwise limit, diminish, or affect the 
                Federal responsibility for the provision of 
                public safety or justice services to Indians.
    (b) Nature of Corporation.--The Foundation--
          (1) shall be a charitable and nonprofit federally 
        chartered corporation; and
          (2) shall not be an agency or instrumentality of the 
        United States.
    (c) Place of Incorporation and Domicile.--The Foundation 
shall be incorporated and domiciled in the District of 
Columbia.
    (d) Duties.--The Foundation shall--
          (1) encourage, accept, and administer, in accordance 
        with the terms of each donation, private gifts of real 
        and personal property, and any income from or interest 
        in such gifts, for the benefit of, or in support of, 
        public safety and justice services in American Indian 
        and Alaska Native communities; and
          (2) assist the Office of Justice Services of the 
        Bureau of Indian Affairs and Indian tribal governments 
        in funding and conducting activities and providing 
        education to advance and support the provision of 
        public safety and justice services in American Indian 
        and Alaska Native communities.
    (e) Committee for the Establishment of the Indian Law 
Enforcement Foundation.--
          (1) In general.--The Secretary shall establish the 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) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out subsection (e)(1) $500,000 for 
each of the 5 fiscal years of operation of the Foundation.

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.
    (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''.

           *       *       *       *       *       *       *

25 U.S.C. Sec. 1302. Constitutional rights

    (a) In General.--No Indian tribe in exercising powers of 
self-government shall--

           *       *       *       *       *       *       *

          (7) require excessive bail, impose excessive fines, 
        inflict cruel and unusual punishments, and in no event 
        impose for conviction of any one offense any penalty or 
        punishment greater than imprisonment for a term of one 
        year or a fine [and a fine] of $5,000, or both;

           *       *       *       *       *       *       *

    (b) Enhanced Sentencing Authority.--
          (1) In general.--Notwithstanding paragraph (7) of 
        subsection (a) and in addition to the limitations 
        described in the other paragraphs of that subsection, 
        no Indian tribe, in exercising any power of self-
        government involving a criminal trial that subjects a 
        defendant to more than 1 year imprisonment for any 
        single offense, may--
                  (A) deny any person in such a criminal 
                proceeding the assistance of a defense attorney 
                licensed to practice law in any jurisdiction in 
                the United States, and shall provide counsel to 
                any defendant who is unable to afford defense 
                counsel at the expense of the tribal 
                government;
                  (B) require excessive bail, impose an 
                excessive fine, inflict a cruel or unusual 
                punishment, or 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
                  (C) deny any person in such a criminal 
                proceeding the due process of law.
          (2) Authority.--An Indian tribe exercising authority 
        pursuant to this subsection shall--
                  (A) require that each judge presiding over an 
                applicable criminal case--
                          (i) have sufficient legal training; 
                        and
                          (ii) be licensed to practice law in 
                        any jurisdiction in the United States; 
                        and
                  (B) make publicly available the criminal laws 
                (including regulations and interpretive 
                documents) of the Indian tribe.
          (3) Sentences.--A tribal court acting pursuant to 
        paragraph (1) may require a convicted offender--
                  (A) to serve the sentence--
                          (i) in a tribal correctional center 
                        that has been approved by the Bureau of 
                        Indian Affairs for long-term 
                        incarceration, in accordance with 
                        guidelines developed by the Bureau of 
                        Indian Affairs, in consultation with 
                        Indian tribes;
                          (ii) in the nearest appropriate 
                        Federal facility, at the expense of the 
                        United States pursuant to the pilot 
                        program described in paragraph (4);
                          (iii) 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
                          (iv) subject to paragraph (1), in an 
                        alternative rehabilitation center of an 
                        Indian tribe; or
                  (B) to serve another alternative form of 
                punishment, as determined by the tribal court 
                judge pursuant to tribal law.
          (4) Bureau of prisons tribal prisoner pilot 
        program.--
                  (A) In general.--Not later than 120 days 
                after the date of enactment of the Tribal Law 
                and Order Act of 2009, 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 this section, subject to the 
                conditions described in subparagraph (B).
                  (B) Conditions.--The conditions referred to 
                in subparagraph (A) are the following:
                          (i) 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.
                          (ii) Requests for confinement shall 
                        be limited to offenders convicted of a 
                        violent crime for which the sentence 
                        includes a term of imprisonment of 2 or 
                        more years, as determined by the 
                        Director of the Bureau of Prisons, in 
                        consultation with the appropriate 
                        tribal governments.
                          (iii) 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.
                          (iv) The Bureau of Prisons shall 
                        confine not more than 100 tribal 
                        offenders at any time.
                  (C) Rescinding requests.--
                          (i) 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.
                          (ii) Return to tribal custody.--On 
                        rescission of a request under clause 
                        (i), a tribal offender shall be 
                        returned to tribal custody.
                  (D) Request for reassessment.--If tribal 
                court demand for participation in the program 
                under this paragraph exceeds the limitation 
                described in subparagraph (B)(iv), a 
                representative of the Bureau of Prisons shall 
                submit to Congress a notice requesting 
                reassessment of the program.
                  (E) Report.--Not later than 3 years after the 
                date of establishment of the program under this 
                paragraph, 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.
                  (F) 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.
    (c) Separation of Offenses.--For purposes of this section, 
2 or more offenses may be considered to be separate offenses 
for purposes of charging and sentencing if each offense 
requires proof of an element that the other offenses do not, 
without regard to--
          (1) the accusatory pleading; or
          (2) the proof adduced at trial.
    (d) 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.

           *       *       *       *       *       *       *

[25 U.S.C. Sec. 1321. Assumption by State of criminal 
jurisdiction

    [(a) Consent of United States; force and effect of criminal 
laws
    [The consent of the United States]
25 U.S.C. Sec. 1321.--Assumption by State of criminal 
jurisdiction.
    (a) Consent of United States.--
          (1) In general._The consent of the United States is 
        hereby given to any State not having jurisdiction over 
        criminal offenses committed by or against Indians in 
        the areas of Indian country situated within such State 
        to assume, with the consent of the Indian tribe 
        occupying the particular Indian country or part thereof 
        which could be affected by such assumption, such 
        measure of jurisdiction over any or all of such 
        offenses committed within such Indian country or any 
        part thereof as may be determined by such State to the 
        same extent that such State has jurisdiction over any 
        such offense committed elsewhere within the State, and 
        the criminal laws of such State shall have the same 
        force and effect within such Indian country or part 
        thereof as they have elsewhere within that State.
          (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.

           *       *       *       *       *       *       *

25 U.S.C. Sec. 1673. Sexual assault protocol

    The Director of the Service, in coordination with the 
Director of the Office of 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.

           *       *       *       *       *       *       *

25 U.S.C. Sec. 2411. Inter-Departmental memorandum of agreement

    (a) In General.--Not later than 120 days after [October 27, 
1986] the date of enactment of the Tribal Law and Order Act of 
2009, the Secretary of the Interior, the Attorney General, and 
the Secretary of Health and Human Services shall develop and 
enter into a Memorandum of Agreement which shall, among other 
things--

           *       *       *       *       *       *       *

          (2) identify--
                  (A) the resources and programs of the Bureau 
                of Indian Affairs, Bureau of Justice 
                Assistance, Substance Abuse and Mental Health 
                Services Administration, and Indian Health 
                Service, and

           *       *       *       *       *       *       *

          (4) coordinate the Bureau of Indian Affairs, 
        Department of Justice, Substance Abuse and Mental 
        Health Services Administration, and Indian Health 
        Service alcohol and substance abuse programs existing 
        on October 27, 1986, with programs or efforts 
        established by this chapter,
          (5) delineate the responsibilities of the Bureau of 
        Indian Affairs, Department of Justice, Substance Abuse 
        and Mental Health Services Administration, and Indian 
        Health Service to coordinate alcohol and substance 
        abuse-related services at the central, area, agency, 
        and service unit levels,

           *       *       *       *       *       *       *

          (7) provide for an annual review of such agreements 
        by the Secretary of the Interior, the Attorney General, 
        and the Secretary of Health and Human Services.

           *       *       *       *       *       *       *

    (c) Consultation.--The Secretary of the Interior, the 
Attorney General, and the Secretary of Health and Human 
Services shall, in developing the Memorandum of Agreement under 
subsection (a) of this section, consult with and solicit the 
comments of--

           *       *       *       *       *       *       *

    (d) Publication.--The Memorandum of Agreement under 
subsection (a) of this section shall be submitted to Congress 
and published in the Federal Register not later than 130 days 
after [October 27, 1986] the date of enactment of the Tribal 
Law and Order Act of 2009. At the same time as publication in 
the Federal Register, the Secretary of the Interior shall 
provide a copy of this chapter and the Memorandum of Agreement 
under subsection (a) of this section to each Indian tribe.

Sec. 2412. Tribal Action Plans

           *       *       *       *       *       *       *

    (b) Cooperation.--At the request of any Indian tribe 
pursuant to a resolution adopted under subsection (a) of this 
section, the Bureau of Indian Affairs agency and education 
superintendents, where appropriate, the Bureau of Justice 
Assistance, the Substance Abuse and Mental Health Services 
Administration, and the Indian Health Service service unit 
director providing services to such tribe shall cooperate with 
the tribe in the development of a Tribal Action Plan to 
coordinate resources and programs relevant to alcohol and 
substance abuse prevention and treatment. Upon the development 
of such a plan, such superintendents and director, as directed 
by the Memorandum of Agreement established under section 2411 
of this title, shall enter into an agreement with the tribe for 
the implementation of the Tribal Action Plan under subsection 
(a) of this section.
    (c) Provisions.--
          (1) Any Tribal Action Plan entered into under 
        subsection (b) of this section shall provide for--
                  (A) the establishment of a Tribal 
                Coordinating Committee which shall--
                          (i) at a minimum, have as members a 
                        tribal representative who shall serve 
                        as Chairman and the Bureau of Indian 
                        Affairs agency and education 
                        superintendents, where appropriate, the 
                        Bureau of Justice Assistance, the 
                        Substance Abuse and Mental Health 
                        Services Administration, and the Indian 
                        Health Service service unit director, 
                        or their representatives,

           *       *       *       *       *       *       *

    (d) Grants.--

           *       *       *       *       *       *       *

          (2) There are authorized to be appropriated for 
        grants under this subsection not more than $2,000,000 
        for [fiscal year 1993 and such sums as are necessary 
        for each of the fiscal years 1994, 1995, 1996, 1997, 
        1998, 1999, and 2000] the period of fiscal years 2010 
        through 2014.
    (e) Federal Action.--If any Indian tribe does not adopt a 
resolution as provided in subsection (a) of this section within 
90 days after the publication of the Memorandum of Agreement in 
the Federal Register as provided in section 2411 of this title, 
the Secretary of the Interior, the Attorney General, and the 
Secretary of Health and Human Services shall require the Bureau 
of Indian Affairs agency and education superintendents, where 
appropriate, and the Indian Health Service service unit 
director serving such tribe to enter into an agreement to 
identify and coordinate available programs and resources to 
carry out the purposes of this chapter for such tribe. After 
such an agreement has been entered into for a tribe such tribe 
may adopt a resolution under subsection (a) of this section.
    (f) Grants for Training, Education, and Prevention 
Programs.--

           *       *       *       *       *       *       *

          (3) There are authorized to be appropriated to carry 
        out the provisions of this subsection $5,000,000 for 
        [fiscal year 1993 and such sums as are necessary for 
        each of the fiscal years 1994, 1995, 1996, 1997, 1998, 
        1999, and 2000] fiscal years 2010 through 2014.

Sec. 2413. Departmental responsibility

    (a) Implementation.--The Secretary of the Interior, acting 
through the Bureau of Indian Affairs, the Attorney General, and 
the Secretary of Health and Human Services, acting through the 
Indian Health Service, shall bear equal responsibility for the 
implementation of this chapter in cooperation with Indian 
tribes.
    (b) Office of Alcohol and Substance Abuse.--
          [(1) In order to better coordinate the various 
        programs of the Bureau of Indian Affairs in carrying 
        out this chapter, there is established within the 
        Office of the Assistant Secretary of the Interior for 
        Indian Affairs an Office of Alcohol and Substance 
        Abuse. The director of such office [FN1] shall be 
        appointed by the Assistant Secretary of the Interior 
        for Indian Affairs on a permanent basis at no less than 
        a grade GS-15 of the General Schedule.]
          (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 Director 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.
          [(2) In addition] (2) Responsibilities of office.--In 
        addition to other responsibilities which may be 
        assigned to such Office, it shall be responsible for--
                  [(A) monitoring the performance and 
                compliance of programs of the Bureau of Indian 
                Affairs in meeting the goals and purposes of 
                this chapter and the Memorandum of Agreement 
                entered into under section 2411 of this title, 
                and]
                  (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;
                  (B) serving as a point of contact [within the 
                Bureau of Indian Affairs] for Indian tribes and 
                the Tribal Coordinating Committees regarding 
                the implementation of this chapter, the 
                Memorandum of Agreement, and any Tribal Action 
                Plan established under section 2412 of this 
                title[.]; and
                  (C) not later than 1 year after the date of 
                enactment of the Tribal Law and Order Act of 
                2009, 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.
          [(3) The Assistant Secretary of the Interior for 
        Indian Affairs shall appoint such employees to work in 
        the Office of Alcohol and Substance Abuse, and shall 
        provide such funding, services, and equipment as may be 
        necessary to enable the Office of Alcohol and Substance 
        Abuse to carry out its responsibilities.]
          (3) Appointment of employees.--The Director 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.
    (c) Indian Youth Programs Officer.--
          (1) There is established in the Office [of Alcohol 
        and Substance Abuse] the position to be known as the 
        Indian Youth Programs Officer. [The Assistant Secretary 
        of the Interior for Indian Affairs] The Director of the 
        Substance Abuse and Mental Health Services 
        Administration shall appoint the Indian [Youth] youth 
        Programs Officer.

           *       *       *       *       *       *       *

          (3) In addition to other responsibilities which may 
        be assigned to the Indian Youth Programs Officer 
        relating to Indian Youth, such Officer shall be 
        responsible for--
                  (A) monitoring the performance and compliance 
                of [programs of the Bureau of Indian Affairs] 
                the applicable Federal programs in meeting the 
                goals and purposes of this chapter and the 
                Memorandum of Agreement entered into under 
                section 2411 of this title as they relate to 
                Indian youth efforts, and
                  (B) providing advice and recommendations, 
                including recommendations submitted by Indian 
                tribes and Tribal Coordinating Committees, to 
                the Director of the Office [of Alcohol and 
                Substance Abuse] as they relate to Indian 
                youth.

           *       *       *       *       *       *       *

25 U.S.C. Sec. 2414a. Review of programs

    (a) In General.--In the development of the Memorandum of 
Agreement required by section 2411 of this title, the Secretary 
of the Interior, the Attorney General, and the Secretary of 
Health and Human Services shall review and consider--

           *       *       *       *       *       *       *

25 U.S.C. Sec. 2415. Federal facilities, property, and 
equipment; leasing of tribal property

    (a) Facility Availability.--In the furtherance of the 
purposes and goals of this chapter, the Secretary of the 
Interior, the Attorney General, and the Secretary of Health and 
Human Services shall make available for community use, to the 
extent permitted by law and as may be provided in a Tribal 
Action Plan, local Federal facilities, property, and equipment, 
including school facilities. Such facility availability shall 
include school facilities under the Secretary of the Interior's 
jurisdiction: Provided, That the use of any school facilities 
shall be conditioned upon approval of the local school board 
with jurisdiction over such school.
    (b) Costs.--Any additional cost associated with the use of 
Federal facilities, property, or equipment under subsection (a) 
of this section may be borne by the Secretary of the Interior, 
the Attorney General, and the Secretary of Health and Human 
Services out of available Federal, tribal, State, local, or 
private funds, if not otherwise prohibited by law. This 
subsection does not require the Secretary of the Interior, nor 
the Attorney General, nor the Secretary of Health and Human 
Services to expend additional funds to meet the additional 
costs which may be associated with the provision of such 
facilities, property, or equipment for community use. Where the 
use of Federal facilities, property, or equipment under 
subsection (a) of this section furthers the purposes and goals 
of this chapter, the use of funds other than those funds 
appropriated to the Department of the Interior, the Department 
of Justice, or the Department of Health and Human Services to 
meet the additional costs associated with such use shall not 
constitute an augmentation of Federal appropriations.
    (c) Leases.--
          (1) The Secretary of the Interior, the Attorney 
        General, and the Secretary of Health and Human Services 
        are authorized to enter into long-term leases of 
        tribally owned or leased facilities to house programs 
        established by this chapter where they determine that 
        there is no Federal facility reasonably available for 
        such purpose and the cost of constructing a new Federal 
        facility would exceed the cost of such Federal lease 
        unless they determine that mitigating factors favor 
        such a lease.

           *       *       *       *       *       *       *

25 U.S.C. Sec. 2416. Newsletter

    (a) In General.--The Secretary of the Interior shall 
publish an alcohol and substance abuse newsletter in 
cooperation with the Attorney General, the Secretary of Health 
and Human Services and the Secretary of Education to report on 
Indian alcohol and substance abuse projects and programs. The 
newsletter shall--

           *       *       *       *       *       *       *

    (b) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section $500,000 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] 
the period of fiscal years 2010 through 2014.

25 U.S.C. Sec. 2431. Review of programs

    (a) Review.--In the development of the Memorandum of 
Agreement required by section 2411 of this title, the Secretary 
of the Interior, the Attorney General, and the Secretary of 
Health and Human Services, in cooperation with the Secretary of 
Education shall review and consider--

           *       *       *       *       *       *       *

25 U.S.C. Sec. 2432. Indian education programs

    [(a) Pilot Programs.--The Assistant Secretary of Indian 
Affairs shall develop and implement pilot programs in selected 
schools funded by the Bureau of Indian Affairs (subject to the 
approval of the local school board or contract school board) to 
determine the effectiveness of summer youth programs in 
furthering the purposes and goals of this chapter. The 
Assistant Secretary shall defray all costs associated with the 
actual operation and support of the pilot programs in the 
school from funds appropriated for this section. For the pilot 
programs there are authorized to be appropriated such sums as 
may be necessary for each of the fiscal years 1993, 1994, 1995, 
1996, 1997, 1998, 1999, and 2000.]
    (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 such sums as are necessary for 
        each of fiscal years 2010 through 2014.

           *       *       *       *       *       *       *

25 U.S.C. Sec. 2433. Emergency shelters

           *       *       *       *       *       *       *

    (e) Authorization.--
          (1) For the planning and design, construction, and 
        renovation of, or purchase or lease of land or 
        facilities for, emergency shelters and half-way houses 
        to provide emergency care for Indian youth, there are 
        authorized to be appropriated $10,000,000 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.] as are necessary for each of fiscal years 
        2010 through 2014.
          (2) For the staffing and operation of emergency 
        shelters and half-way houses, there are authorized to 
        be appropriated $5,000,000 for fiscal year 1993 and 
        [$7,000,000 for each of the fiscal years 1994, 1995, 
        1996, 1997, 1998, 1999, and 2000] $10,000,000 for each 
        of fiscal years 2010 through 2014.

           *       *       *       *       *       *       *

25 U.S.C. Sec. 2441. Review of programs

    (a) Law Enforcement and Judicial Services.--In the 
development of the Memorandum of Agreement required by section 
2411 of this title, the Secretary of the Interior, the Attorney 
General, and the Secretary of Health and Human Services, in 
cooperation with the Attorney General of the United States, 
shall review and consider--

           *       *       *       *       *       *       *

25 U.S.C. Sec. 2442. Illegal narcotics traffic on Tohono 
O'odham and St. Regis Reservations; source eradication

    (a) Investigation and Control.--
        (1) The Secretary of the Interior shall provide 
        assistance to--
                  (A) the Tohono O'odham Tribe of Arizona for 
                the investigation and control of illegal 
                narcotics traffic on the Tohono O'odham 
                Reservation along the border with Mexico[,];
                  (B) the St. Regis Band of Mohawk Indians of 
                New York for the development of tribal law 
                enforcement and judicial systems to aid in the 
                investigation and control of illegal narcotics 
                traffic on the St. Regis Reservation along the 
                border with Canada [, and];
                  (C) the Makah Indian Tribe of Washington for 
                the investigation and control of illegal 
                narcotic traffic on the Makah Indian 
                Reservation arising from its proximity to 
                international waters[.]; and
                  (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.
          (2) The Secretary shall ensure that tribal efforts 
        under this subsection are coordinated with appropriate 
        Federal law enforcement agencies, including the [United 
        States Custom Service] United States Customs and Border 
        Protection, the Bureau of Immigration and Customs 
        Enforcement, and the Drug Enforcement Administration.
          [(3) For the purpose of providing the assistance 
        required by this subsection, there are authorized to be 
        appropriated--
                  [(A) $500,000 under paragraph (1)(A) 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,
                  [(B) $500,000 under paragraph (1)(B) 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, and
                  [(C) $500,000 under paragraph (1)(C) 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.]
          (3) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this 
        subsection such sums as are necessary for each of 
        fiscal years 2010 through 2014.
    (b) Marijuana Eradication and Interdiction.--

           *       *       *       *       *       *       *

          (2) For the purpose of establishing the program 
        required by paragraph (1), there are authorized to be 
        appropriated $2,000,000 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] as are 
        necessary for each of fiscal years 2010 through 2014.

25 U.S.C. Sec. 2451. Bureau of Indian Affairs law enforcement 
and judicial training

    [(a) In General.--The Secretary of the Interior shall 
ensure, through the establishment of a new training program or 
through the supplement of existing training programs, that all 
Bureau of Indian Affairs and tribal law enforcement and 
judicial personnel shall have available training in the 
investigation and prosecution of offenses relating to illegal 
narcotics and in alcohol and substance abuse prevention and 
treatment. Any training provided to Bureau of Indian Affairs 
and tribal law enforcement and judicial personnel as provided 
in this subsection shall specifically include training in the 
problems of youth alcohol and substance abuse prevention and 
treatment. Such training shall be coordinated with the Indian 
Health Service in the carrying out of its responsibilities 
under section 2475 of this title.]
    (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.
    (b) Authorization.--For the purposes of providing the 
training required by subsection (a) of this section, there are 
authorized to be appropriated $2,000,000 for fiscal year 1993 
and such sums as are necessary for each of fiscal years 2010 
through 2014.

           *       *       *       *       *       *       *

25 U.S.C. Sec. 2453. Juvenile detention centers

    (a) Plan.--
          [The Secretary] (1) In general.--The Secretary of the 
        Interior shall construct or renovate and staff new or 
        existing juvenile detention centers.
          [The Secretary shall] (2) Construction and 
        operation.--The Secretary shall ensure that the 
        construction and operation of the centers is consistent 
        with the Juvenile Justice and Delinquency Prevention 
        Act of 1974 [42 U.S.C.A. 5601 et seq.].
          (3) Development of plan.--
                  (A) In general.--Not later than 180 days 
                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.
    (b) Authorization.--
          (1) For the purpose of constructing or renovating 
        juvenile detention centers as provided in subsection 
        (a) of this section, there are authorized to be 
        appropriated $10,000,000 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] such sums 
        as are necessary for each of fiscal years 2010 through 
        2014.
          (2) For the purpose of staffing and operating 
        juvenile detention centers, there are authorized to be 
        appropriated $7,000,000 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] such sums 
        as are necessary for each of fiscal years 2010 through 
        2014.

           *       *       *       *       *       *       *

25 U.S.C. Sec. 2801. Definitions

    For purposes of this chapter--
          [(9)](1) The term ``Branch of Criminal 
        Investigations'' means the entity the Secretary is 
        required to establish within the [Division of Law 
        Enforcement Services] Office of Justice Services under 
        section 2802(d)(1) of this title.
          [(1)](2) The term ``Bureau'' means the Bureau of 
        Indian Affairs of the Department of the Interior.
          [(2)](3) The term ``employee of the Bureau'' includes 
        an officer of the Bureau.
          [(3)](4) The term ``enforcement of a law'' includes 
        the prevention, detection, and investigation of an 
        offense and the detention or confinement of an 
        offender.
          [(4)](5) The term ``Indian country'' has the meaning 
        given that term in section 1151 of Title 18.
          [(5)](6) The term ``Indian tribe'' has the meaning 
        given that term in section 1301 of this title.
          [(6)](7) The term ``offense'' means an offense 
        against the United States and includes a violation of a 
        Federal regulation relating to part or all of Indian 
        country.
          [(7)](8) The term ``Secretary'' means the Secretary 
        of the Interior.
          [(8)](9) The term ``Division of Law Enforcement 
        Services'' means the entity established within the 
        Bureau under section 2802(b) of this title.]
          (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.''

25 U.S.C. Sec. 2802. Indian law enforcement responsibilities

           *       *       *       *       *       *       *

    [(b) Division of Law Enforcement Services; establishment 
and responsibilities
    [There is hereby established within the Bureau a Division 
of Law Enforcement Services which,]
    (b) Office of Justice Services._There is hereby established 
in the Bureau an office, to be known as the ``Office of Justice 
Services'', that under the supervision of the Secretary, or an 
individual designated by the Secretary, shall be responsible 
for--

           *       *       *       *       *       *       *

    (c) Additional Responsibilities of Division.--Subject to 
the provisions of this chapter and other applicable Federal or 
tribal laws, the responsibilities of the [Division of Law 
Enforcement Services] Office of Justice Services in Indian 
country shall include--

           *       *       *       *       *       *       *

          (8) the assessment and evaluation of program 
        accomplishments in reducing crime; [and]
          (9) the development and provision of law enforcement 
        training and technical assistance, 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.;
          (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, and residents of Indian land 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 Committee on Indian Affairs of 
        the Senate and the Committee on Natural Resources of 
        the House of Representatives, 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 government 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; or
                          (VI) tribal court judges, 
                        prosecutors, public defenders, 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, and related 
                program costs;
                  (C) a list of the unmet staffing needs of law 
                enforcement, corrections, and court personnel 
                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 Committee on Indian Affairs of 
        the Senate and the Committee on Natural Resources of 
        the House of Representatives, 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 Bureau of Indian Affairs; 
        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).
    (d) Branch of Criminal Investigations; Establishment, 
Responsibilities, Regulations, Personnel, etc.--
          (1) The Secretary shall establish within the 
        [Division of Law Enforcement Services] Office of 
        Justice Services a separate Branch of Criminal 
        Investigations which, under such inter-agency agreement 
        as may be reached between the Secretary and appropriate 
        agencies or officials of the Department of Justice and 
        subject to such guidelines as may be adopted by 
        relevant United States attorneys, shall be responsible 
        for the investigation, and presentation for 
        prosecution, of cases involving violations of sections 
        1152 and 1153 of Title 18, within Indian country.

           *       *       *       *       *       *       *

          (4)(i) Criminal investigative personnel of the Branch 
        shall be subject only to the supervision and direction 
        of law enforcement personnel of the Branch or of the 
        [Division] Office of Justice Services. Such personnel 
        shall not be subject to the supervision of the Bureau 
        of Indian Affairs Agency Superintendent or Bureau of 
        Indian Affairs Area Office Director. Nothing in this 
        paragraph is intended to prohibit cooperation, 
        coordination, or consultation, as appropriate, with 
        nonlaw enforcement Bureau of Indian Affairs personnel 
        at the agency or area levels, or prohibit or restrict 
        the right of a tribe to contract the investigative 
        program under the authority of Public Law 93-638 [25 
        U.S.C.A. Sec. 450 et seq.] or to maintain its own 
        criminal investigative operations.

           *       *       *       *       *       *       *

    (e) Standards of Education and Experience and 
Classification of Positions .--[Division of Law Enforcement 
Services personnel; standards of education, experience, etc.; 
classification of positions]
          (1) Standards of education and experience._
                  (A) In general.--The Secretary shall 
                establish appropriate standards of education, 
                experience, training, and other relevant 
                qualifications for law enforcement personnel of 
                the [Division of Law Enforcement Services] 
                Office of Justice Services who are charged with 
                law enforcement responsibilities pursuant to 
                section 2803 of this title.
                  (B) Requirements for training.--The training 
                standards established under subparagraph (A)--
                          (i) should comply 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.--The training standards established 
                under subparagraph (A) shall permit law 
                enforcement personnel of the Office of Justice 
                Services or an Indian tribe to obtain training 
                at a State or tribal police academy, a local or 
                tribal community college, or other training 
                academy 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.

           *       *       *       *       *       *       *

          (3) In classifying positions in the Division of Law 
        Enforcement Services under paragraph (2), the Secretary 
        shall ensure that such positions are classified at GS 
        grades comparable to those for other Federal law 
        enforcement personnel in other Federal agencies 
        [Agencies] in light of the responsibilities, duties, 
        and qualifications required of such positions.
          (4) Background checks for tribal justice officials.--
        The Office of Justice Services shall develop standards 
        and deadlines for the provision of background checks 
        for tribal law enforcement and corrections officials 
        that ensure that a response to a request by an Indian 
        tribe for such a background check shall be provided by 
        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.
    (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 law enforcement officers, and 
tribal corrections officials, shall submit to Congress a long-
term plan to address incarceration in Indian country, including 
a description of--
          (1) proposed activities for the construction of 
        detention facilities (including regional facilities) on 
        Indian land;
          (2) proposed activities for the construction of 
        additional Federal detention facilities on Indian land;
          (3) proposed activities for contracting with State 
        and local detention centers, upon approval of affected 
        tribal governments;
          (4) proposed activities for alternatives to 
        incarceration, developed in cooperation with tribal 
        court systems; and
          (5) other such alternatives to incarceration as the 
        Secretary, in coordination with the Bureau and in 
        consultation with tribal representatives, determines to 
        be necessary.''.
    (g) Grants to Improve Tribal Data Collection Systems.--
          (1) Grant program.--The Secretary, acting through the 
        Director of the Office of Justice Services of the 
        Bureau and in coordination with the Attorney General, 
        shall establish a program under which the Secretary 
        shall provide grants to Indian tribes for activities to 
        ensure uniformity in the collection and analysis of 
        data relating to crime in Indian country.
          (2) Regulations.--The Secretary, acting through the 
        Director of the Office of Justice Services of the 
        Bureau, in consultation with tribal governments and 
        tribal justice officials, shall promulgate such 
        regulations as are necessary to carry out the grant 
        program under this subsection.

25 U.S.C. Sec. 2803. Law enforcement authority

    The Secretary may charge employees of the Bureau with law 
enforcement responsibilities and may authorize those employees 
to--

           *       *       *       *       *       *       *

          (2) execute or serve warrants, summonses, or other 
        orders relating to a crime committed in Indian country 
        and issued under the laws of--
                  (A) the United States (including those issued 
                by a Court of Indian Offenses under regulations 
                prescribed by the Secretary or offenses 
                processed by the Central Violations Bureau), or

           *       *       *       *       *       *       *

          (3) make an arrest without a warrant for an offense 
        committed in Indian country if--

           *       *       *       *       *       *       *

                  (B) the offense is a felony and the employee 
                has [reasonable grounds] probable cause to 
                believe that the person to be arrested has 
                committed, or is committing, the felony[, or];
                  (C) the offense is a misdemeanor crime of 
                domestic violence, dating violence, stalking, 
                or violation of a protection order and has, as 
                an element, the use or attempted use of 
                physical force, or the threatened use of a 
                deadly weapon, committed by a current or former 
                spouse, parent, or guardian of the victim, by a 
                person with whom the victim shares a child in 
                common, by a person who is cohabitating with or 
                has cohabited with the victim as a spouse, 
                parent, or guardian, or by a person similarly 
                situated to a spouse, parent or guardian of the 
                victim, and the employee has [reasonable 
                grounds] probable cause to believe that the 
                person to be arrested has committed, or is 
                committing the crime; or
                  (D)(i) the offense involves--
                          (I) a misdemeanor controlled 
                        substance offense in violation of--
                                  (aa) the Controlled 
                                Substances Act (21 U.S.C. 801 
                                et seq.);
                                  (bb) title IX of the Personal 
                                Responsibility and Work 
                                Opportunity Reconciliation Act 
                                of 1996 (21 U.S.C. 862a et 
                                seq.); or
                                  (cc) section 731 of the USA 
                                PATRIOT Improvement and 
                                Reauthorization Act of 2005 (21 
                                U.S.C. 865);
                          (II) a misdemeanor firearms offense 
                        in violation of chapter 44 of title 18, 
                        United States Code;
                          (III) a misdemeanor assault in 
                        violation of chapter 7 of title 18, 
                        United States Code; or
                          (IV) a misdemeanor liquor trafficking 
                        offense in violation of chapter 59 of 
                        title 18, United States Code; and
                  (ii) the employee has probable cause to 
                believe that the individual to be arrested has 
                committed, or is committing, the crime;

           *       *       *       *       *       *       *

25 U.S.C. Sec. 2804. Assistance by other agencies

    [(a) Agreement for use of personnel or facilities of 
Federal, tribal, State, or other government agency]
    (a) Agreements.--
          (1) In general.--Not later than 180 days after the 
        date of enactment of the Tribal Law and Order Act of 
        2009, the Secretary shall establish procedures to enter 
        into memoranda of agreement [The Secretary may enter 
        into an agreement] for the use (with or without 
        reimbursement) of the personnel or facilities of a 
        Federal, tribal, State, or other government agency to 
        aid in the enforcement or carrying out in Indian 
        country of a law of either the United States or an 
        Indian tribe that has authorized the Secretary to 
        enforce tribal laws.
          [The Secretary may]
          (2) Certain activities.--The Secretary may authorize 
        a law enforcement officer of such an agency to perform 
        any activity the Secretary may authorize under section 
        2803 of this title.
          (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 2009, 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 
                        applicable Indian tribe.

           *       *       *       *       *       *       *

    (g) Acceptance of Assistance.--The Bureau may accept 
reimbursement, resources, assistance, or funding from--
          (1) a Federal, tribal, State, or other government 
        agency; or
          (2) the Indian Law Enforcement Foundation established 
        under section 701(a) of the Indian Self-Determination 
        and Education Assistance Act.

25 U.S.C. Sec. 2809. Reports to tribes

    [(a) Reports by law enforcement officials of Bureau or 
Federal Bureau of Investigation
    [In any case in which law enforcement officials of the 
Bureau or the Federal Bureau of Investigation decline to 
initiate an investigation of a reported violation of Federal 
law in Indian country, or terminate such an investigation 
without referral for prosecution, such officials are authorized 
to submit a report to the appropriate governmental and law 
enforcement officials of the Indian tribe involved that states, 
with particularity, the reason or reasons why the investigation 
was declined or terminated.
    [(b) Reports by United States attorney
    [In any case in which a United States attorney declines to 
prosecute an alleged violation of Federal criminal law in 
Indian country referred for prosecution by the Federal Bureau 
of Investigation or the Bureau, or moves to terminate a 
prosecution of such an alleged violation, the United States 
attorney is authorized to submit a report to the appropriate 
governmental and law enforcement officials of the Indian tribe 
involved that states, with particularity, the reason or reasons 
why the prosecution was declined or terminated.
    [(c) Case file included within reports
    [In any case--
          [(1) in which the alleged offender is an Indian, and
          [(2) for which a report is submitted under subsection 
        (a) or (b) of this section,
          [the report made to the Indian tribe may include the 
        case file, including evidence collected and statements 
        taken, which might support an investigation or 
        prosecution of a violation of tribal law.
    [(d) Transfer or disclosure of confidential or privileged 
communication, information or sources to tribal officials
    [Nothing in this section shall require any Federal agency 
or official to transfer or disclose any confidential or 
privileged communication, information, or sources to the 
officials of any Indian tribe. Federal agencies authorized to 
make reports pursuant to this section shall, by regulations, 
adopt standards for the protection of such communications, 
information, or sources.]
    (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 use of evidence relevant to the case to 
        advance prosecution of the case in a tribal court with 
        concurrent authority over the crime alleged.
          (2) Investigation data.--The Federal Bureau of 
        Investigation shall compile, on an annual basis and by 
        Federal judicial district, information regarding 
        decisions not to refer to an appropriate prosecuting 
        authority cases in which investigations had been opened 
        into a crime that occurred 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 an Indians 
                or non-Indians; and
                  (D) the reasons for deciding to terminate the 
                investigations.
          (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 use of evidence relevant to the case to advance 
        prosecution of the case in a tribal court with 
        concurrent authority over the crime alleged.
          (4) Prosecution data.--Each United States Attorney 
        shall submit to the Native American Issues Coordinator 
        relevant information regarding all declinations of 
        alleged violations of Federal criminal law that 
        occurred in Indian country, which 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 complied under 
paragraphs (2) and (4) of subsection (a)--
                  (A) organized--
                          (i) in the aggregate; and
                          (ii) by Federal judicial district; 
                        and
                  (B) including any relevant explanatory 
                statements.
          (2) Availability to congress.--The Attorney General 
        shall submit to Congress an annual report containing 
        the information compiled under paragraph (1), together 
        with relevant explanatory statements, if any.
    (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.--Rule 6 of 
        the Federal Rules of Criminal Procedure shall apply to 
        this section.
          (3) Regulations.--Each Federal agency required to 
        submit a report pursuant to this section shall adopt, 
        by regulation, standards for the protection of 
        confidential or privileged communications, information, 
        and sources under paragraph (1).

25 U.S.C. Sec. 2810 (Section 13). Assistant United States 
Attorney Tribal Liaisons.

    (a) Appointment.--Each United States Attorney the district 
of which includes Indian country shall appoint not less than 1 
assistant United States Attorney to serve as a tribal liaison 
for the district.
    (b) Duties.--A tribal liaison shall be responsible for the 
following activities in the district of the tribal liaison:
          (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 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) Sense of Congress Regarding Evaluations of Tribal 
Liaisons.--
          (1) Findings.--Congress finds that--
                  (A) many tribal communities rely solely on 
                United States Attorneys offices to prosecute 
                felony and misdemeanor crimes occurring on 
                Indian land; and
                  (B) tribal liaisons have dual obligations 
                of--
                          (i) coordinating prosecutions of 
                        Indian country crime; and
                          (ii) developing relationships with 
                        tribal communities and serving as a 
                        link between tribal communities and the 
                        Federal justice process.
          (2) Sense of congress.--It is the sense of Congress 
        that the Attorney General should--
                  (A) take all appropriate actions to encourage 
                the aggressive prosecution of all Federal 
                crimes committed in Indian country; and
                  (B) when appropriate, take into consideration 
                the dual responsibilities of tribal liaisons 
                described in paragraph (1)(B) in evaluating the 
                performance of the tribal liaisons.
    (e) 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 magistrate and district courts--
                          (i) to ensure the provision of docket 
                        time for prosecutions of Indian country 
                        crimes; and
                          (ii) to hold trials and 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) if an agreement is entered into with a 
                Federal court pursuant to paragraph (2), to 
                provide technical and other assistance to 
                tribal governments and tribal court systems to 
                ensure the success of the program under this 
                subsection.
          (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.

25 U.S.C. Sec. 2811 (Section 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) submit to the Committee on Indian Affairs of the 
        Senate and the Committee on Natural Resources of the 
        House of Representatives annual reports describing the 
        prosecution and declination rates of cases involving 
        alleged crimes in Indian country referred to United 
        States Attorneys;
          (4) 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
          (5) carry out such other duties as the Attorney 
        General may prescribe.

25 U.S.C. Sec. 2812 (Section 15). Indian Law and Order 
Commission

SEC. 305. 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 of the Interior;
                  (B) 2 shall be appointed by the Majority 
                Leader of the Senate, in consultation with the 
                Chairperson of the Committee on Indian Affairs 
                of the Senate;
                  (C) 1 shall be appointed by the Minority 
                Leader of the Senate, in consultation with the 
                Vice Chairperson of the Committee on Indian 
                Affairs of the Senate;
                  (D) 2 shall be appointed by the Speaker of 
                the House of Representatives, in consultation 
                with the Chairperson of the Committee on 
                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 Member of the 
                Committee on 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; and
                  (B) the rights of defendants subject to 
                tribal government authority; and
          (5) studies of such other subjects as the Commission 
        determines relevant to achieve the purposes of the 
        Tribal Law and Order Act of 2009.
    (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) enhancing the penal authority of tribal courts 
        and exploring alternatives to incarceration;
          (4) the establishment of satellite United States 
        magistrate or district courts in Indian country;
          (5) changes to the tribal jails and Federal prison 
        systems; and
          (6) 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 as are paid to witnesses under 
                section 1821 of title 28, United States Code.
                  (B) Per diem and mileage.--The per diem and 
                mileage allowance 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 and Secretary shall provide to the Commission 
        reasonable and appropriate office space, supplies, and 
        administrative assistance.
    (i) Contracts for Research.--
          (1) Researchers and experts.--
                  (A) In general.--On an affirmative vote of 
                \2/3\ of the members of the Commission, the 
                Commission may select nongovernmental 
                researchers and experts to assist the 
                Commission in carrying out the duties of the 
                Commission under this section.
                  (B) National institute of justice.--The 
                National Institute of Justice may enter into a 
                contract with the researchers and experts 
                selected by the Commission under subparagraph 
                (A) to provide funding in exchange for the 
                services of the researchers and experts.
          (2) Other organizations.--Nothing in this subsection 
        limits the ability of the Commission to enter into 
        contracts with any other entity or organization to 
        carry out research necessary to carry out the duties of 
        the Commission under this section.
    (j) Tribal Advisory Committee.--
          (1) Establishment.--The Commission shall establish a 
        committee, to be known as the ``Tribal Advisory 
        Committee''.
          (2) Membership.--
                  (A) Composition.--The Tribal Advisory 
                Committee shall consist of 2 representatives of 
                Indian tribes from each region of the Bureau of 
                Indian Affairs.
                  (B) Qualifications.--Each member of the 
                Tribal Advisory Committee shall have experience 
                relating to--
                          (i) justice systems;
                          (ii) crime prevention; or
                          (iii) victim services.
          (3) Duties.--The Tribal Advisory Committee shall--
                  (A) serve as an advisory body to the 
                Commission; and
                  (B) provide to the Commission advice and 
                recommendations, submit materials, documents, 
                testimony, and such other information as the 
                Commission determines to be necessary to carry 
                out the duties of the Commission under this 
                section.
    (k) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as are necessary to carry out this 
section, to remain available until expended.
    (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 (c)(3).
    (m) Nonapplicability of FACA.--The Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the 
Commission.

25 U.S.C. Sec. 2813 (Section 16). Testimony by Federal 
Employees in Cases of Rape and Sexual Assault.

    (a) Approval of Employee Testimony.--
          (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 
        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 a notice regarding the request to provide 
        testimony 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 strict impartiality with respect 
        to private causes of action.
          (2) Failure to approve.--If the Director concerned 
        fails to approve or disapprove a request or subpoena 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.

25 U.S.C. Sec. 2814 (Section 17). Coordination of Federal 
Agencies

    (a) In General.--The Secretary, in coordination with the 
Attorney General, Federal and tribal law enforcement agencies, 
the Indian Health Service, and domestic violence or sexual 
assault victim organizations, shall develop appropriate victim 
services and victim advocate training programs--
          (1) to improve domestic violence or sexual abuse 
        responses;
          (2) to improve forensic examinations and collection;
          (3) to identify problems or obstacles in the 
        prosecution of domestic violence or sexual abuse; and
          (4) to meet other needs or carry out other activities 
        required to prevent, treat, and improve prosecutions of 
        domestic violence and sexual abuse.
      (b) Report.--Not later than 2 years after the date of 
enactment of this section, the Secretary shall submit to the 
Committee on Indian Affairs of the Senate and the Committee on 
Natural Resources of the House of Representatives a report that 
describes, with respect to the matters described in subsection 
(a), the improvements made and needed, problems or obstacles 
identified, and costs necessary to address the problems or 
obstacles, and any other recommendations that the Secretary 
determines to be appropriate, including recommendations on 
preventing sex trafficking of Indian women.



           *       *       *       *       *       *       *
25 U.S.C. Sec. 3613. Base support funding for tribal justice 
systems

           *       *       *       *       *       *       *

    (b) Purposes for Which Financial Assistance May Be Used.--
Financial assistance provided through contracts, grants, or 
agreements entered into pursuant to this section may be used 
for----

           *       *       *       *       *       *       *

          [(2) the employment of judicial personnel;]
          (2) the employment of tribal court personnel, 
        including tribal court judges, prosecutors, public 
        defenders, guardians ad litem, and court-appointed 
        special advocates for children and juveniles.

           *       *       *       *       *       *       *

25 U.S.C. Sec. 3621. Tribal justice systems

    (a) Office.--There is authorized to be appropriated to 
carry out [the provisions of sections 3611 and 3612] sections 
101 and 102 of this title, $7,000,000 for each of the [fiscal 
years 2000 through 2007] fiscal years 2010 through 2014. None 
of the funds provided under this subsection may be used for the 
administrative expenses of the Office.
    (b) Base Support Funding for Tribal Justice Systems.--There 
is authorized to be appropriated to carry out [the provisions 
of section 3613] section 103 of this title, $50,000,000 for 
each of the [fiscal years 2000 through 2007] fiscal years 2010 
through 2014.
    (c) Administrative Expenses for Office--There is authorized 
to be appropriated, for the administrative expenses of the 
Office, $500,000 for each of the [fiscal years 2000 through 
2007] fiscal years 2010 through 2014.
    (d) Administrative Expenses for Tribal Judicial 
Conferences.--There is authorized to be appropriated, for the 
administrative expenses of tribal judicial conferences, 
$500,000 for each of the [fiscal years 2000 through 2007] 
fiscal years 2010 through 2014.

           *       *       *       *       *       *       *

25 U.S.C. Sec. 3653. Definitions

    For purposes of this chapter:

           *       *       *       *       *       *       *

          (2) Director.--The term ``Director'' means the 
        Director of the Office of Tribal Justice.
          [(2)] (3) Indian lands.----

           *       *       *       *       *       *       *

          [(3)](4) Indian tribe.----

           *       *       *       *       *       *       *

          [(4)](5) Judicial personnel.----

           *       *       *       *       *       *       *

          [(5)](6) Non-profit entities.----

           *       *       *       *       *       *       *

          [(6)](7) Office of Tribal Justice.----

           *       *       *       *       *       *       *

          [(7)](8) Tribal justice system.----

           *       *       *       *       *       *       *

25 U.S.C. Sec. 3662. Tribal civil legal assistance grants

    Subject to the availability of appropriations, the Attorney 
General, in consultation with the Office of Tribal Justice, 
shall award grants to non-profit entities, as defined under 
section 501(c)(3) of Title 26, which provide legal assistance 
services for Indian tribes, members of Indian tribes, or tribal 
justice systems pursuant to Federal poverty guidelines that 
submit an application to the Attorney General in such form and 
manner as the Attorney General may prescribe for the provision 
of civil legal assistance (including guardians ad litem and 
court-appointed special advocates for children and juveniles) 
to members of Indian tribes and tribal justice systems, and/or 
other purposes consistent with this chapter.

25 U.S.C. Sec. 3663. Tribal criminal assistance grants

    Subject to the availability of appropriations, the Attorney 
General, in consultation with the Office of Tribal Justice, 
shall award grants to non-profit entities, as defined by 
section 501(c)(3) of Title 26, which provide legal assistance 
services for Indian tribes, members of Indian tribes, or tribal 
justice systems pursuant to Federal poverty guidelines that 
submit an application to the Attorney General in such form and 
manner as the Attorney General may prescribe for the provision 
of [criminal legal assistance to members of Indian tribes and 
tribal justice systems] licensed public defender services to 
all defendants subject to tribal court jurisdiction and 
prosecution and judicial services for tribal courts, and/or 
other purposes consistent with this chapter. Funding under this 
subchapter may apply to programs, procedures, or proceedings 
involving adult criminal actions, juvenile delinquency actions, 
and/or guardian-ad-litem appointments arising out of criminal 
or delinquency acts.

           *       *       *       *       *       *       *

25 U.S.C. Sec. 3666 (Section 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 2009, the Attorney 
General shall establish the Office of Tribal Justice as a 
component of the Department.
    (b) Personnel and Funding.--The Attorney General shall 
provide to the Office of Tribal Justice such personnel and 
funds as are necessary to establish the Office of Tribal 
Justice as a component of the Department under subsection (a).
    (c) Duties.--The Office of Tribal Justice shall--
          (1) serve as the program and legal policy advisor to 
        the Attorney General with respect to the treaty and 
        trust relationship between the United States and Indian 
        tribes;
          (2) serve as the point of contact for federally 
        recognized tribal governments and tribal organizations 
        with respect to questions and comments regarding 
        policies and programs of the Department and issues 
        relating to public safety and justice in Indian 
        country; and
          (3) coordinate with other bureaus, agencies, offices, 
        and divisions within the Department of Justice to 
        ensure that each component has an accountable process 
        to ensure meaningful and timely consultation with 
        tribal leaders in the development of regulatory 
        policies and other actions that affect--
                  (A) the trust responsibility of the United 
                States to Indian tribes;
                  (B) any tribal treaty provision;
                  (C) the status of Indian tribes as a 
                sovereign governments; or
                  (D) any other tribal interest.

[25 U.S.C. 3666.] 25 U.S.C. 3667. (Section 107)--Authorization 
of appropriations

    For purposes of carrying out the activities under this 
subchapter, there are authorized to be appropriated such sums 
as are necessary for fiscal years [2000 through 2004] 2010 
through 2014.

25 U.S.C. Sec. 3681. Grants

           *       *       *       *       *       *       *

    (d) Authorization of Appropriations.--For purposes of 
carrying out the activities under this section, there are 
authorized to be appropriated such sums as are necessary for 
fiscal years [2000 through 2004] 2010 through 2014.

           *       *       *       *       *       *       *

25 U.S.C. Sec. 3683. (Section 203).--Assistant Probation 
Officers.

    To the maximum extent practicable, the Director of the 
Administrative Office of the United States Courts, in 
coordination with the Office of Tribal Justice and the Director 
of the Office of Justice Services, shall--
          (1) appoint individuals residing in Indian country to 
        serve as assistant probation officers for purposes of 
        monitoring and providing service 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.

           *       *       *       *       *       *       *

28 U.S.C. Sec. 534. Acquisition, preservation, and exchange of 
identification records and information; appointment of 
officials

    (a) The Attorney General shall--

           *       *       *       *       *       *       *

          (4) exchange such records and information with, and 
        for the official use of, authorized officials of the 
        Federal Government, including the United States 
        Sentencing Commission, the States, Indian tribes, 
        cities, and penal and other institutions.

           *       *       *       *       *       *       *

    [(d) Indian Law Enforcement Agencies.--The Attorney General 
shall permit Indian law enforcement agencies, in cases of 
domestic violence, dating violence, sexual assault, and 
stalking, to enter information into Federal criminal 
information databases and to obtain information from the 
databases.]
    (d) Indian Law Enforcement Agencies.--The Attorney General 
shall permit tribal and Bureau of Indian Affairs law 
enforcement agencies--
          (1) to directly access and enter information into 
        Federal criminal information databases; and
          (2) to directly obtain information from the 
        databases.

           *       *       *       *       *       *       *

    (f) * * *

           *       *       *       *       *       *       *

          (2) Federal, tribal, and State criminal justice 
        agencies authorized to enter information into criminal 
        information databases may include--

           *       *       *       *       *       *       *

Note to 28 U.S.C. Sec. 534, Public Law 109-162 Gang violence.

                   National Gang Intelligence Center

Pub. L. 109-162, Title XI, 1107, Jan. 5, 2006, 119 Stat. 3093, 
provided that:
    (a) Establishment.--The Attorney General shall establish a 
National Gang Intelligence Center and gang information database 
to be housed at and administered by the Federal Bureau of 
Investigation to collect, analyze, and disseminate gang 
activity information from--

           *       *       *       *       *       *       *

          (8) the Office of Justice Services of the Bureau of 
        Indian Affairs;
          [(8)](9) Tribal, State, [State] and local law 
        enforcement;
          [(9)](10) Federal, tribal, State, and local 
        prosecutors;
          [(10)](11) Federal, tribal, State, and local 
        probation and parole offices;
          [(11)](12) Federal, tribal, State, and local prisons 
        and jails; and
          [(12)](13) any other entity as appropriate.
    (b) Information.--The Center established under subsection 
(a) shall make available the information referred to in 
subsection (a) to--
          (1) Federal, tribal, State, and local law enforcement 
        agencies;
          (2) Federal, tribal, State, and local corrections 
        agencies and penal institutions;
          (3) Federal, tribal, State, and local prosecutorial 
        agencies; and
          (4) any other entity as appropriate.

           *       *       *       *       *       *       *

28 U.S.C. Sec. 543. Special attorneys

    (a) The Attorney General may appoint attorneys to assist 
United States attorneys when the public interest so requires, 
including the appointment of qualified tribal prosecutors and 
other qualified attorneys to assist in prosecuting Federal 
offenses committed in Indian country.

           *       *       *       *       *       *       *

    (c) Sense of Congress Regarding Consultation.--It is the 
sense of Congress that, in appointing attorneys under this 
section 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.

           *       *       *       *       *       *       *

42 U.S.C. Sec. 2996f. Grants and contracts

           *       *       *       *       *       *       *

    (b) Limitations on Uses.--No funds made available by the 
Corporation under this subchapter, either by grant or contract, 
may be used--

           *       *       *       *       *       *       *

          [(2) to provide legal assistance with respect to any 
        criminal proceeding, except to provide assistance to a 
        person charged with a misdemeanor or lesser offense or 
        its equivalent in an Indian tribal court;]
          (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.

           *       *       *       *       *       *       *

42 U.S.C. Sec. 3732.--Bureau of Justice Statistics

           *       *       *       *       *       *       *

    (c) Duties and Functions of Bureau.--The Bureau is 
authorized to--

           *       *       *       *       *       *       *

          (3) collect and analyze data that will serve as a 
        continuous and comparable national social indication of 
        the prevalence, incidence, rates, extent, distribution, 
        and attributes of crime, juvenile delinquency, civil 
        disputes, and other statistical factors related to 
        crime, civil disputes, and juvenile delinquency, in 
        support of national, State, tribal, and local justice 
        policy and decisionmaking;
          (4) collect and analyze statistical information, 
        concerning the operations of the criminal justice 
        system at the Federal, State, tribal, and local levels;
          (5) collect and analyze statistical information 
        concerning the prevalence, incidence, rates, extent, 
        distribution, and attributes of crime, and juvenile 
        delinquency, at the Federal, State, tribal, and local 
        levels;
          (6) analyze the correlates of crime, civil disputes 
        and juvenile delinquency, by the use of statistical 
        information, about criminal and civil justice systems 
        at the Federal, State, tribal, and local levels, and 
        about the extent, distribution and attributes of crime, 
        and juvenile delinquency, in the Nation and at the 
        Federal, State, tribal, and local levels;
          (7) compile, collate, analyze, publish, and 
        disseminate uniform national statistics concerning all 
        aspects of criminal justice and related aspects of 
        civil justice, crime, including crimes against the 
        elderly, juvenile delinquency, criminal offenders, 
        juvenile delinquents, and civil disputes in the various 
        States and in Indian country;

           *       *       *       *       *       *       *

          (9) maintain liaison with the judicial branches of 
        the [Federal and State Governments] Federal Government 
        and State and tribal governments in matters relating to 
        justice statistics, and cooperate with the judicial 
        branch in assuring as much uniformity as feasible in 
        statistical systems of the executive and judicial 
        branches;
          (10) provide information to the President, the 
        Congress, the judiciary, State, tribal, and local 
        governments, and the general public on justice 
        statistics;
          (11) establish or assist in the establishment of a 
        system to provide State, tribal, and local governments 
        with access to Federal informational resources useful 
        in the planning, implementation, and evaluation of 
        programs under this Act;

           *       *       *       *       *       *       *

          (13) provide for the development of justice 
        information systems programs and assistance to the 
        States, Indian tribes, and units of local government 
        relating to collection, analysis, or dissemination of 
        justice statistics;

           *       *       *       *       *       *       *

          (17) provide for the collection, analysis, 
        dissemination and publication of statistics on the 
        condition and progress of drug control activities at 
        the Federal, [State and local] State, tribal, and local 
        levels with particular attention to programs and 
        intervention efforts demonstrated to be of value in the 
        overall national anti-drug strategy and to provide for 
        the establishment of a national clearinghouse for the 
        gathering of data generated by Federal, [State, and 
        local] State, tribal, and local criminal justice 
        agencies on their drug enforcement activities;

           *       *       *       *       *       *       *

          (19) provide for improvements in the accuracy, 
        quality, timeliness, immediate accessibility, and 
        integration of State and tribal criminal history and 
        related records, support the development and 
        enhancement of national systems of criminal history and 
        related records including the National Instant Criminal 
        Background Check System, the National Incident-Based 
        Reporting System, and the records of the National Crime 
        Information Center, facilitate State and tribal 
        participation in national records and information 
        systems, and support statistical research for critical 
        analysis of the improvement and utilization of criminal 
        history records;
          (20) maintain liaison with State, tribal, and local 
        governments and governments of other nations concerning 
        justice statistics;

           *       *       *       *       *       *       *

          (22) ensure conformance with security and privacy 
        requirement of section 3789g of this title and 
        identify, analyze, and participate in the development 
        and implementation of privacy, security and information 
        policies which impact on Federal, tribal, and State 
        criminal justice operations and related statistical 
        activities; and

           *       *       *       *       *       *       *

    (d) Justice Statistical Collection, Analysis, and 
Dissemination.--
          [To insure] (1) In general.--To ensure that all 
        justice statistical collection, analysis, and 
        dissemination is carried out in a coordinated manner, 
        the Director is authorized to--
                  [(1)] (A) utilize, with their consent, the 
                services, equipment, records, personnel, 
                information, and facilities of other Federal, 
                State, local, and private agencies and 
                instrumentalities with or without reimbursement 
                therefor, and to enter into agreements with 
                such agencies and instrumentalities for 
                purposes of data collection and analysis;
                  [(2)] (B) confer and cooperate with State, 
                municipal, and other local agencies;
                  [(3)] (C) request such information, data, and 
                reports from any Federal agency as may be 
                required to carry out the purposes of this 
                chapter;
                  [(4)] (D) seek the cooperation of the 
                judicial branch of the Federal Government in 
                gathering data from criminal justice records;
                  [(5)] (E) encourage replication, coordination 
                and sharing among justice agencies regarding 
                information systems, information policy, and 
                data; and
                  [(6)] (F) confer and cooperate with Federal 
                statistical agencies as needed to carry out the 
                purposes of this subchapter, including by 
                entering into cooperative data sharing 
                agreements in conformity with all laws and 
                regulations applicable to the disclosure and 
                use of data.
          (2) Consultation with indian tribes.--The Director, 
        acting jointly with the Assistant Secretary for Indian 
        Affairs (acting through the Director of 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.
    (e) Furnishing of Information, Data, or Reports by Federal 
Agencies.--Federal agencies requested to furnish information, 
data, or reports pursuant to [subsection (d)(3)] subsection 
(d)(1)(C) of this section shall provide such information to the 
Bureau as is required to carry out the purposes of this 
section.
    (f) Consultation With Representatives of State, Tribal, and 
Local Government and Judiciary.--In recommending standards for 
gathering justice statistics under this section, the Director 
shall consult with representatives of State, tribal, and local 
government, including, where appropriate, representatives of 
the judiciary.
    (g) Report to Congress on Crimes in Indian Country.--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.

           *       *       *       *       *       *       *

42 U.S.C. Sec. 3796h. Regional information sharing systems 
grants

    (a) Authority of Director.--The Director of the Bureau of 
Justice Assistance is authorized to make grants and enter into 
contracts with State, tribal, and local criminal justice 
agencies and nonprofit organizations for the purposes of 
identifying, targeting, and removing criminal conspiracies and 
activities and terrorist conspiracies and activities spanning 
jurisdictional boundaries.

           *       *       *       *       *       *       *

42 U.S.C. Sec. 3796dd. Authority to make public safety and 
community policing grants

           *       *       *       *       *       *       *

    (b) Uses of Grant Amounts.--The purposes for which grants 
made under subsection (a) of this section may be made are--
          (1) to rehire law enforcement officers who have been 
        laid off as a result of [State and] State, tribal, or 
        local budget reductions for deployment in community-
        oriented policing;
          (2) to hire and train new, additional career law 
        enforcement officers for deployment in community-
        oriented policing across the Nation;
          (3) to procure equipment, technology, or support 
        systems, or pay overtime, to increase the number of 
        officers deployed in community-oriented policing;
          (4) to award grants to pay for officers hired to 
        perform intelligence, anti-terror, or homeland security 
        duties;
          [(6)](5) to increase the number of law enforcement 
        officers involved in activities that are focused on 
        interaction with members of the community on proactive 
        crime control and prevention by redeploying officers to 
        such activities;
          [(7)](6) to provide specialized training to law 
        enforcement officers to enhance their conflict 
        resolution, mediation, problem solving, service, and 
        other skills needed to work in partnership with members 
        of the community;
          [(8)](7) to increase police participation in 
        multidisciplinary early intervention teams;
          [(9)](8) to develop new technologies, including 
        interoperable communications technologies, modernized 
        criminal record technology, and forensic technology, to 
        assist State, tribal, and local law enforcement 
        agencies in reorienting the emphasis of their 
        activities from reacting to crime to preventing crime 
        and to train law enforcement officers to use such 
        technologies;
          [(10)](9) to develop and implement innovative 
        programs to permit members of the community to assist 
        State, tribal, and local law enforcement agencies in 
        the prevention of crime in the community, such as a 
        citizens' police academy, including programs designed 
        to increase the level of access to the criminal justice 
        system enjoyed by victims, witnesses, and ordinary 
        citizens by establishing decentralized satellite 
        offices (including video facilities) of principal 
        criminal courts buildings;
          [(11)](10) to establish innovative programs to 
        reduce, and keep to a minimum, the amount of time that 
        law enforcement officers must be away from the 
        community while awaiting court appearances;
          [(12)](11) to establish and implement innovative 
        programs to increase and enhance proactive crime 
        control and prevention programs involving law 
        enforcement officers and young persons in the 
        community;
          [(13)](12) to establish school-based partnerships 
        between local law enforcement agencies and local school 
        systems by using school resource officers who operate 
        in and around elementary and secondary schools to 
        combat school-related crime and disorder problems, 
        gangs, and drug activities;
          [(14)](13) to develop and establish new 
        administrative and managerial systems to facilitate the 
        adoption of community-oriented policing as an 
        organization-wide philosophy;
          [(15)](14) to assist [a State in] a State or Indian 
        tribe in enforcing a law throughout [the State which] 
        the State or tribal community that requires that a 
        convicted sex offender register his or her address with 
        a [State or] State, tribal, or local law enforcement 
        agency and be subject to criminal prosecution for 
        failure to comply;
          [(16)](15) to establish, implement, and coordinate 
        crime prevention and control programs (involving law 
        enforcement officers working with community members) 
        with other Federal programs that serve the community 
        and community members to better address the 
        comprehensive needs of the community and its members; 
        [and]
          [(17)](16) to support the purchase by a law 
        enforcement agency of no more than 1 service weapon per 
        officer, upon hiring for deployment in community-
        oriented policing or, if necessary, upon existing 
        officers' initial redeployment to community-oriented 
        policing[.]; and
          (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).

           *       *       *       *       *       *       *

    (i) Termination of Grants for Hiring Officers.--[The 
authority] Except as provided in subsection (j), the authority 
under subsection (a) of this section to make grants for the 
hiring and rehiring of additional career law enforcement 
officers shall lapse at the conclusion of 6 years from 
September 13, 1994. Prior to the expiration of this grant 
authority, the Attorney General shall submit a report to 
Congress concerning the experience with and effects of such 
grants. The report may include any recommendations the Attorney 
General may have for amendments to this subchapter and related 
provisions of law in light of the termination of the authority 
to make grants for the hiring and rehiring of additional career 
law enforcement officers.
    (j) Grants to Indian Tribes.--
          (1) In general.--Notwithstanding subsection (i) and 
        section 1703, and in acknowledgment of the Federal 
        nexus and distinct Federal responsibility to address 
        and prevent crime in Indian country, the Attorney 
        General shall provide grants under this section to 
        Indian tribal governments, for fiscal year 2010 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 are 
        authorized to be appropriated such sums as are 
        necessary to carry out this subsection for each of 
        fiscal years 2010 through 2014.
    (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.

           *       *       *       *       *       *       *

42 U.S.C. 5783.--Grants for delinquency prevention programs

    (a) Purposes.--The Administrator may make grants to a 
State, to be transmitted through the State advisory group to 
units of local government that meet the requirements of 
subsection (b), or to Indian tribes under subsection (d) of 
this section, for delinquency prevention programs and 
activities for juveniles who have had contact with the juvenile 
justice system or who are likely to have contact with the 
juvenile justice system, including the provision to juveniles 
and their families of--

           *       *       *       *       *       *       *

    (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) Priority of funding.--In providing grants under 
        this subsection, the Administrator shall take into 
        consideration, with respect to the reservation 
        communities to be served--
                  (A) juvenile crime rates;
                  (B) dropout rates; and
                  (C) percentage of at-risk youth.

           *       *       *       *       *       *       *

42 U.S.C. Sec. 5616.--Coordinating Council on Juvenile Justice 
and Delinquency Prevention

    (a) Establishment; Membership.--

           *       *       *       *       *       *       *

          (2)(A) [Nine]Ten members shall be appointed, without 
        regard to political affiliation, to the Council in 
        accordance with this paragraph from among individuals 
        who are practitioners in the field of juvenile justice 
        and who are not officers or employees of the United 
        States.
          (B)(i) Three members shall be appointed by the 
        Speaker of the House of Representatives, after 
        consultation with the minority leader of the House of 
        Representatives.

           *       *       *       *       *       *       *

          (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.

           *       *       *       *       *       *       *


Sec. 5784. Authorization of appropriations

    There are authorized to be appropriated to carry out this 
subchapter such sums as may be necessary for [fiscal years 
2004, 2005, 2006, 2007, and 2008] each of fiscal years 2010 
through 2014.

           *       *       *       *       *       *       *

42 U.S.C. 13709. Payments for incarceration on tribal lands

    [(a) Reservation of Funds.--Notwithstanding any other 
provision of this part other than section 13708(a)(2) of this 
title, from amounts appropriated to carry out sections 13703 
and 13704 of this title, the Attorney General shall reserve, to 
carry out this section--
          [(1) 0.3 percent in each of fiscal years 1996 and 
        1997; and
          [(2) 0.2 percent in each of fiscal years 1998, 1999, 
        and 2000.]
    (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 2010 through 2014 to carry out this 
section.
    [(b) Grants to Indian Tribes.--From the amounts reserved 
under subsection (a) of this section, the Attorney General may 
make grants to Indian tribes for the purposes of constructing 
jails on tribal lands for the incarceration of offenders 
subject to tribal jurisdiction.]
    (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.
    (c) Applications.--To be eligible to receive a grant under 
this section, an Indian tribe, or consortium of Indian tribes 
as applicable, shall submit to the Attorney General an 
application in such form and containing such information as the 
Attorney General may by regulation require.
    (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 a description of--
          (1) proposed activities for construction of detention 
        facilities (including regional facilities) on Indian 
        land;
          (2) proposed activities for construction of 
        additional Federal detention facilities on Indian land;
          (3) proposed activities for contracting with State 
        and local detention centers, with tribal government 
        approval;
          (4) proposed alternatives to incarceration, developed 
        in cooperation with tribal court systems; and
          (5) such other alternatives as the Attorney General, 
        in coordination with the Bureau of Indian Affairs and 
        in consultation with Indian tribes, determines to be 
        necessary.

                                  
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