[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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.'').
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.'').
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.