    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-211
    111th Congress

    An Act

    To protect Indian arts and crafts through the improvement of applicable
    criminal proceedings, and for other purposes. <>

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

    TITLE I-- <> INDIAN ARTS AND CRAFTS AMENDMENTS
    SEC. 101. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This <> title may be cited
    as the ``Indian Arts and Crafts Amendments Act of 2010''.

    (b) Table of Contents.--The table of contents of this title is as
    follows:

    Sec. 101. Short title; table of contents.
    Sec. 102. Indian arts and crafts.
    Sec. 103. Misrepresentation of Indian produced goods and products.

    SEC. 102. INDIAN ARTS AND CRAFTS.

    (a) Criminal Proceedings; Civil Actions; Misrepresentations.--
    Section 5 of the Act entitled ``An Act to promote the development of
    Indian arts and crafts and to create a board to assist therein, and for
    other purposes'' (25 U.S.C. 305d) is amended to read as follows:
    ``SEC. 5. <> CRIMINAL PROCEEDINGS; CIVIL
    ACTIONS.

    ``(a) Definition of Federal Law Enforcement Officer.--In this
    section, the term `Federal law enforcement officer' includes a Federal
    law enforcement officer (as defined in section 115(c) of title 18,
    United States Code).
    ``(b) Authority To Conduct Investigations.--Any Federal law
    enforcement officer shall have the authority to conduct an investigation
    relating to an alleged violation of this Act occurring within the
    jurisdiction of the United States.
    ``(c) Criminal Proceedings.--
    ``(1) Investigation.--
    ``(A) In general.--The Board may refer an alleged
    violation of section 1159 of title 18, United States
    Code, to any Federal law enforcement officer for
    appropriate investigation.
    ``(B) Referral not required.--A Federal law
    enforcement officer may investigate an alleged violation
    of section 1159 of that title regardless of whether the
    Federal law

    [[Page 2259]]

    enforcement officer receives a referral under
    subparagraph (A).
    ``(2) Findings.--The findings of an investigation of an
    alleged violation of section 1159 of title 18, United States
    Code, by any Federal department or agency under paragraph (1)(A)
    shall be submitted, as appropriate, to--
    ``(A) a Federal or State prosecuting authority; or
    ``(B) the Board.
    ``(3) Recommendations.--On receiving the findings of an
    investigation under paragraph (2), the Board may--
    ``(A) recommend to the Attorney General that
    criminal proceedings be initiated under section 1159 of
    title 18, United States Code; and
    ``(B) provide such support to the Attorney General
    relating to the criminal proceedings as the Attorney
    General determines to be appropriate.

    ``(d) Civil Actions.--In lieu of, or in addition to, any criminal
    proceeding under subsection (c), the Board may recommend that the
    Attorney General initiate a civil action under section 6.''.
    (b) Cause of Action for Misrepresentation.--Section 6 of the Act
    entitled ``An Act to promote the development of Indian arts and crafts
    and to create a board to assist therein, and for other purposes'' (25
    U.S.C. 305e) is amended--
    (1) by striking subsection (d);
    (2) by redesignating subsections (a) through (c) as
    subsections (b) through (d), respectively;
    (3) by inserting before subsection (b) (as redesignated by
    paragraph (2)) the following:

    ``(a) Definitions.--In this section:
    ``(1) Indian.--The term `Indian' means an individual that--
    ``(A) is a member of an Indian tribe; or
    ``(B) is certified as an Indian artisan by an Indian
    tribe.
    ``(2) Indian product.--The term `Indian product' has the
    meaning given the term in any regulation promulgated by the
    Secretary.
    ``(3) Indian tribe.--
    ``(A) In general.--The term `Indian tribe' has the
    meaning given the term in section 4 of the Indian Self-
    Determination and Education Assistance Act (25 U.S.C.
    450b).
    ``(B) Inclusion.--The term `Indian tribe' includes,
    for purposes of this section only, an Indian group that
    has been formally recognized as an Indian tribe by--
    ``(i) a State legislature;
    ``(ii) a State commission; or
    ``(iii) another similar organization vested
    with State legislative tribal recognition
    authority.
    ``(4) Secretary.--The term `Secretary' means the Secretary
    of the Interior.'';
    (4) in subsection (b) (as redesignated by paragraph (2)), by
    striking ``subsection (c)'' and inserting ``subsection (d)'';
    (5) in subsection (c) (as redesignated by paragraph (2))--
    (A) by striking ``subsection (a)'' and inserting
    ``subsection (b)''; and
    (B) by striking ``suit'' and inserting ``the civil
    action'';

    [[Page 2260]]

    (6) by striking subsection (d) (as redesignated by paragraph
    (2)) and inserting the following:

    ``(d) Persons That May Initiate Civil Actions.--
    ``(1) In general.--A civil action under subsection (b) may
    be initiated by--
    ``(A) the Attorney General, at the request of the
    Secretary acting on behalf of--
    ``(i) an Indian tribe;
    ``(ii) an Indian; or
    ``(iii) an Indian arts and crafts
    organization;
    ``(B) an Indian tribe, acting on behalf of--
    ``(i) the Indian tribe;
    ``(ii) a member of that Indian tribe; or
    ``(iii) an Indian arts and crafts
    organization;
    ``(C) an Indian; or
    ``(D) an Indian arts and crafts organization.
    ``(2) Disposition of amounts recovered.--
    ``(A) In general.--Except as provided in
    subparagraph (B), an amount recovered in a civil action
    under this section shall be paid to the Indian tribe,
    the Indian, or the Indian arts and crafts organization
    on the behalf of which the civil action was initiated.
    ``(B) Exceptions.--
    ``(i) Attorney general.--In the case of a
    civil action initiated under paragraph (1)(A), the
    Attorney General may deduct from the amount--
    ``(I) the amount of the cost of the
    civil action and reasonable attorney's
    fees awarded under subsection (c), to be
    deposited in the Treasury and credited
    to appropriations available to the
    Attorney General on the date on which
    the amount is recovered; and
    ``(II) the amount of the costs of
    investigation awarded under subsection
    (c), to reimburse the Board for the
    activities of the Board relating to the
    civil action.
    ``(ii) Indian tribe.--In the case of a civil
    action initiated under paragraph (1)(B), the
    Indian tribe may deduct from the amount--
    ``(I) the amount of the cost of the
    civil action; and
    ``(II) reasonable attorney's
    fees.''; and
    (7) in subsection (e), by striking ``(e) In the event that''
    and inserting the following:

    ``(e) Savings Provision.--If''.
    SEC. 103. MISREPRESENTATION OF INDIAN PRODUCED GOODS AND PRODUCTS.

    Section 1159 of title 18, United States Code, is amended--
    (1) by striking subsection (b) and inserting the following:

    ``(b) Penalty.--Any person that knowingly violates subsection (a)
    shall--
    ``(1) in the case of a first violation by that person--
    ``(A) if the applicable goods are offered or
    displayed for sale at a total price of $1,000 or more,
    or if the applicable goods are sold for a total price of
    $1,000 or more--

    [[Page 2261]]

    ``(i) in the case of an individual, be fined
    not more than $250,000, imprisoned for not more
    than 5 years, or both; and
    ``(ii) in the case of a person other than an
    individual, be fined not more than $1,000,000; and
    ``(B) if the applicable goods are offered or
    displayed for sale at a total price of less than $1,000,
    or if the applicable goods are sold for a total price of
    less than $1,000--
    ``(i) in the case of an individual, be fined
    not more than $25,000, imprisoned for not more
    than 1 year, or both; and
    ``(ii) in the case of a person other than an
    individual, be fined not more than $100,000; and
    ``(2) in the case of a subsequent violation by that person,
    regardless of the amount for which any good is offered or
    displayed for sale or sold--
    ``(A) in the case of an individual, be fined under
    this title, imprisoned for not more than 15 years, or
    both; and
    ``(B) in the case of a person other than an
    individual, be fined not more than $5,000,000.''; and
    (2) in subsection (c), by striking paragraph (3) and
    inserting the following:
    ``(3) the term `Indian tribe'--
    ``(A) has the meaning given the term in section 4 of
    the Indian Self-Determination and Education Assistance
    Act (25 U.S.C. 450b); and
    ``(B) includes, for purposes of this section only,
    an Indian group that has been formally recognized as an
    Indian tribe by--
    ``(i) a State legislature;
    ``(ii) a State commission; or
    ``(iii) another similar organization vested
    with State legislative tribal recognition
    authority; and''.

    TITLE II-- <> TRIBAL LAW AND
    ORDER
    SEC. 201. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short <> Title.--This title may be
    cited as the ``Tribal Law and Order Act of 2010''.

    (b) Table of Contents.--The table of contents of this title is as
    follows:

    Sec. 201. Short title; table of contents.
    Sec. 202. Findings; purposes.
    Sec. 203. Definitions.
    Sec. 204. Severability.
    Sec. 205. Jurisdiction of the State of Alaska.
    Sec. 206. Effect.

    Subtitle A--Federal Accountability and Coordination

    Sec. 211. Office of Justice Services responsibilities.
    Sec. 212. Disposition reports.
    Sec. 213. Prosecution of crimes in Indian country.
    Sec. 214. Administration.

    Subtitle B--State Accountability and Coordination

    Sec. 221. State criminal jurisdiction and resources.
    Sec. 222. State, tribal, and local law enforcement cooperation.

    [[Page 2262]]

    Subtitle C--Empowering Tribal Law Enforcement Agencies and Tribal
    Governments

    Sec. 231. Tribal police officers.
    Sec. 232. Drug enforcement in Indian country.
    Sec. 233. Access to national criminal information databases.
    Sec. 234. Tribal court sentencing authority.
    Sec. 235. Indian Law and Order Commission.
    Sec. 236. Exemption for tribal display materials.

    Subtitle D--Tribal Justice Systems

    Sec. 241. Indian alcohol and substance abuse.
    Sec. 242. Indian tribal justice; technical and legal assistance.
    Sec. 243. Tribal resources grant program.
    Sec. 244. Tribal jails program.
    Sec. 245. Tribal probation office liaison program.
    Sec. 246. Tribal youth program.
    Sec. 247. Improving public safety presence in rural Alaska.

    Subtitle E--Indian Country Crime Data Collection and Information Sharing

    Sec. 251. Tracking of crimes committed in Indian country.
    Sec. 252. Criminal history record improvement program.

    Subtitle F--Domestic Violence and Sexual Assault Prosecution and
    Prevention

    Sec. 261. Prisoner release and reentry.
    Sec. 262. Domestic and sexual violence offense training.
    Sec. 263. Testimony by Federal employees.
    Sec. 264. Coordination of Federal agencies.
    Sec. 265. Sexual assault protocol.
    Sec. 266. Study of IHS sexual assault and domestic violence response
    capabilities.

    SEC. 202. <>  FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that--
    (1) the United States has distinct legal, treaty, and trust
    obligations to provide for the public safety of Indian country;
    (2) Congress and the President have acknowledged that--
    (A) tribal law enforcement officers are often the
    first responders to crimes on Indian reservations; and
    (B) tribal justice systems are often the most
    appropriate institutions for maintaining law and order
    in Indian country;
    (3) less than 3,000 tribal and Federal law enforcement
    officers patrol more than 56,000,000 acres of Indian country,
    which reflects less than \1/2\ of the law enforcement presence
    in comparable rural communities nationwide;
    (4) the complicated jurisdictional scheme that exists in
    Indian country--
    (A) has a significant negative impact on the ability
    to provide public safety to Indian communities;
    (B) has been increasingly exploited by criminals;
    and
    (C) requires a high degree of commitment and
    cooperation among tribal, Federal, and State law
    enforcement officials;
    (5)(A) domestic and sexual violence against American Indian
    and Alaska Native women has reached epidemic proportions;
    (B) 34 percent of American Indian and Alaska Native women
    will be raped in their lifetimes; and
    (C) 39 percent of American Indian and Alaska Native women
    will be subject to domestic violence;
    (6) Indian tribes have faced significant increases in
    instances of domestic violence, burglary, assault, and child
    abuse as a direct result of increased methamphetamine use on
    Indian reservations; and

    [[Page 2263]]

    (7) crime data is a fundamental tool of law enforcement, but
    for decades the Bureau of Indian Affairs and the Department of
    Justice have not been able to coordinate or consistently report
    crime and prosecution rates in tribal communities.

    (b) Purposes.--The purposes of this title are--
    (1) to clarify the responsibilities of Federal, State,
    tribal, and local governments with respect to crimes committed
    in Indian country;
    (2) to increase coordination and communication among
    Federal, State, tribal, and local law enforcement agencies;
    (3) to empower tribal governments with the authority,
    resources, and information necessary to safely and effectively
    provide public safety in Indian country;
    (4) to reduce the prevalence of violent crime in Indian
    country and to combat sexual and domestic violence against
    American Indian and Alaska Native women;
    (5) to prevent drug trafficking and reduce rates of alcohol
    and drug addiction in Indian country; and
    (6) to increase and standardize the collection of criminal
    data and the sharing of criminal history information among
    Federal, State, and tribal officials responsible for responding
    to and investigating crimes in Indian country.
    SEC. 203. <>  DEFINITIONS.

    (a) In General.--In this title:
    (1) Indian country.--The term ``Indian country'' has the
    meaning given the term in section 1151 of title 18, United
    States Code.
    (2) Indian tribe.--The term ``Indian tribe'' has the meaning
    given the term in section 102 of the Federally Recognized Indian
    Tribe List Act of 1994 (25 U.S.C. 479a).
    (3) Secretary.--The term ``Secretary'' means the Secretary
    of the Interior.
    (4) Tribal government.--The term ``tribal government'' means
    the governing body of a federally recognized Indian tribe.

    (b) Indian Law Enforcement Reform Act.--Section 2 of the Indian Law
    Enforcement Reform Act (25 U.S.C. 2801) is amended by adding at the end
    the following:
    ``(10) The term `tribal justice official' means--
    ``(A) a tribal prosecutor;
    ``(B) a tribal law enforcement officer; or
    ``(C) any other person responsible for investigating
    or prosecuting an alleged criminal offense in tribal
    court.''.
    SEC. 204. <>  SEVERABILITY.

    If any provision of this title, an amendment made by this title, or
    the application of such a provision or amendment to any individual,
    entity, or circumstance, is determined by a court of competent
    jurisdiction to be invalid, the remaining provisions of this title, the
    remaining amendments made by this title, and the application of those
    provisions and amendments to individuals, entities, or circumstances
    other than the affected individual, entity, or circumstance shall not be
    affected.

    [[Page 2264]]

    SEC. 205. <>  JURISDICTION OF THE STATE
    OF ALASKA.

    Nothing in this Act limits, alters, expands, or diminishes the civil
    or criminal jurisdiction of the State of Alaska, any subdivision of the
    State of Alaska, or any Indian tribe in that State.
    SEC. 206. <>  EFFECT.

    Nothing in this Act confers on an Indian tribe criminal jurisdiction
    over non-Indians.

    Subtitle A--Federal Accountability and Coordination

    SEC. 211. OFFICE OF JUSTICE SERVICES RESPONSIBILITIES.

    (a) Definitions.--Section 2 of the Indian Law Enforcement Reform Act
    (25 U.S.C. 2801) is amended--
    (1) by striking paragraph (8);
    (2) by redesignating paragraphs (1) through (7) as
    paragraphs (2) through (8), respectively;
    (3) by redesignating paragraph (9) as paragraph (1) and
    moving the paragraphs so as to appear in numerical order; and
    (4) in paragraph (1) (as redesignated by paragraph (3)), by
    striking ``Division of Law Enforcement Services'' and inserting
    ``Office of Justice Services''.

    (b) Additional Responsibilities of Office.--Section 3 of the Indian
    Law Enforcement Reform Act (25 U.S.C. 2802) is amended--
    (1) in subsection (b), by striking ``(b) There is hereby
    established within the Bureau a Division of Law Enforcement
    Services which'' and inserting the following:

    ``(b) Office of Justice Services.-- <> There
    is established in the Bureau an office, to be known as the `Office of
    Justice Services', that'';
    (2) in subsection (c)--
    (A) in the matter preceding paragraph (1), by
    striking ``Division of Law Enforcement Services'' and
    inserting ``Office of Justice Services'';
    (B) in paragraph (8), by striking ``and'' at the
    end;
    (C) in paragraph (9), by striking the period at the
    end and inserting a semicolon; and
    (D) by adding at the end the following:
    ``(10) the development and provision of dispatch and
    emergency and E-911 services;
    ``(11) communicating with tribal leaders, tribal community
    and victims' advocates, tribal justice officials, indigent
    defense representatives, and residents of Indian country on a
    regular basis regarding public safety and justice concerns
    facing tribal communities;
    ``(12) conducting meaningful and timely consultation with
    tribal leaders and tribal justice officials in the development
    of regulatory policies and other actions that affect public
    safety and justice in Indian country;
    ``(13) providing technical assistance and training to tribal
    law enforcement officials to gain access and input authority to
    utilize the National Criminal Information Center and other
    national crime information databases pursuant to section 534 of
    title 28, United States Code;

    [[Page 2265]]

    ``(14) <> in coordination
    with the Attorney General pursuant to subsection (g) of section
    302 of the Omnibus Crime Control and Safe Streets Act of 1968
    (42 U.S.C. 3732), collecting, analyzing, and reporting data
    regarding Indian country crimes on an annual basis;
    ``(15) <> on an annual basis,
    sharing with the Department of Justice all relevant crime data,
    including Uniform Crime Reports, that the Office of Justice
    Services prepares and receives from tribal law enforcement
    agencies on a tribe-by-tribe basis to ensure that individual
    tribal governments providing data are eligible for programs
    offered by the Department of Justice;
    ``(16) <> submitting to the appropriate
    committees of Congress, for each fiscal year, a detailed
    spending report regarding tribal public safety and justice
    programs that includes--
    ``(A)(i) the number of full-time employees of the
    Bureau and tribal governments who serve as--
    ``(I) criminal investigators;
    ``(II) uniform police;
    ``(III) police and emergency dispatchers;
    ``(IV) detention officers;
    ``(V) executive personnel, including special
    agents in charge, and directors and deputies of
    various offices in the Office of Justice Services;
    and
    ``(VI) tribal court judges, prosecutors,
    public defenders, appointed defense counsel, or
    related staff; and
    ``(ii) the amount of appropriations obligated for
    each category described in clause (i) for each fiscal
    year;
    ``(B) a list of amounts dedicated to law enforcement
    and corrections, vehicles, related transportation costs,
    equipment, inmate transportation costs, inmate transfer
    costs, replacement, improvement, and repair of
    facilities, personnel transfers, detailees and costs
    related to their details, emergency events, public
    safety and justice communications and technology costs,
    and tribal court personnel, facilities, indigent
    defense, and related program costs;
    ``(C) a list of the unmet staffing needs of law
    enforcement, corrections, and court personnel (including
    indigent defense and prosecution staff) at tribal and
    Bureau of Indian Affairs justice agencies, the
    replacement and repair needs of tribal and Bureau
    corrections facilities, needs for tribal police and
    court facilities, and public safety and emergency
    communications and technology needs; and
    ``(D) the formula, priority list or other
    methodology used to determine the method of disbursement
    of funds for the public safety and justice programs
    administered by the Office of Justice Services;
    ``(17) <> submitting to the appropriate
    committees of Congress, for each fiscal year, a report
    summarizing the technical assistance, training, and other
    support provided to tribal law enforcement and corrections
    agencies that operate relevant programs pursuant to self-
    determination contracts or self-governance compacts with the
    Secretary; and
    ``(18) <> promulgating regulations to
    carry out this Act, and routinely reviewing and updating, as
    necessary, the regulations

    [[Page 2266]]

    contained in subchapter B of title 25, Code of Federal
    Regulations (or successor regulations).'';
    (3) in subsection (d)--
    (A) in paragraph (1), by striking ``Division of Law
    Enforcement Services'' and inserting ``Office of Justice
    Services''; and
    (B) in paragraph (4)(i), in the first sentence, by
    striking ``Division'' and inserting ``Office of Justice
    Services'';
    (4) in subsection (e), by striking ``Division of Law
    Enforcement Services'' each place it appears and inserting
    ``Office of Justice Services''; and
    (5) by adding at the end the following:

    ``(f) Long-term Plan for Tribal Detention Programs.--
    <> Not later than 1 year after the date of enactment of
    this subsection, the Secretary, acting through the Bureau, in
    coordination with the Department of Justice and in consultation with
    tribal leaders, tribal courts, tribal law enforcement officers, and
    tribal corrections officials, shall submit to Congress a long-term plan
    to address incarceration in Indian country, including--
    ``(1) a description of proposed activities for--
    ``(A) the construction, operation, and maintenance
    of juvenile (in accordance with section 4220(a)(3) of
    the Indian Alcohol and Substance Abuse Prevention and
    Treatment Act of 1986 (25 U.S.C. 2453(a)(3)) and adult
    detention facilities (including regional facilities) in
    Indian country;
    ``(B) contracting with State and local detention
    centers, upon approval of affected tribal governments;
    and
    ``(C) alternatives to incarceration, developed in
    cooperation with tribal court systems;
    ``(2) an assessment and consideration of the construction of
    Federal detention facilities in Indian country; and
    ``(3) any other alternatives as the Secretary, in
    coordination with the Attorney General and in consultation with
    Indian tribes, determines to be necessary.''.

    (c) Law Enforcement Authority.--Section 4 of the Indian Law
    Enforcement Reform Act (25 U.S.C. 2803) is amended--
    (1) in paragraph (2)(A), by striking ``), or'' and inserting
    ``or offenses processed by the Central Violations Bureau); or'';
    and
    (2) in paragraph (3)--
    (A) in subparagraph (B), by striking ``, or'' at the
    end and inserting a semicolon;
    (B) in subparagraphs (B) and (C), by striking
    ``reasonable grounds'' each place it appears and
    inserting ``probable cause'';
    (C) in subparagraph (C), by adding ``or'' at the
    end; and
    (D) by adding at the end the following:
    ``(D)(i) the offense involves--
    ``(I) a misdemeanor controlled substance
    offense in violation of--
    ``(aa) the Controlled Substances Act
    (21 U.S.C. 801 et seq.);
    ``(bb) title IX of the Personal
    Responsibility and Work Opportunity
    Reconciliation Act of 1996 (21 U.S.C.
    862a et seq.); or

    [[Page 2267]]

    ``(cc) section 731 of the USA
    PATRIOT Improvement and Reauthorization
    Act of 2005 (21 U.S.C. 865);
    ``(II) a misdemeanor firearms offense in
    violation of chapter 44 of title 18, United States
    Code;
    ``(III) a misdemeanor assault in violation of
    chapter 7 of title 18, United States Code; or
    ``(IV) a misdemeanor liquor trafficking
    offense in violation of chapter 59 of title 18,
    United States Code; and
    ``(ii) the employee has probable cause to believe
    that the individual to be arrested has committed, or is
    committing, the crime;''.
    SEC. 212. DISPOSITION REPORTS.

    Section 10 of the Indian Law Enforcement Reform Act (25 U.S.C. 2809)
    is amended by striking subsections (a) through (d) and inserting the
    following:
    ``(a) Coordination and Data Collection.--
    ``(1) Investigative coordination.--Subject to subsection
    (c), if a law enforcement officer or employee of any Federal
    department or agency terminates an investigation of an alleged
    violation of Federal criminal law in Indian country without
    referral for prosecution, the officer or employee shall
    coordinate with the appropriate tribal law enforcement officials
    regarding the status of the investigation and the use of
    evidence relevant to the case in a tribal court with authority
    over the crime alleged.
    ``(2) Investigation data.--The Federal Bureau of
    Investigation shall compile, on an annual basis and by Field
    Division, information regarding decisions not to refer to an
    appropriate prosecuting authority cases in which investigations
    had been opened into an alleged crime in Indian country,
    including--
    ``(A) the types of crimes alleged;
    ``(B) the statuses of the accused as Indians or non-
    Indians;
    ``(C) the statuses of the victims as Indians or non-
    Indians; and
    ``(D) the reasons for deciding against referring the
    investigation for prosecution.
    ``(3) Prosecutorial coordination.--Subject to subsection
    (c), if a United States Attorney declines to prosecute, or acts
    to terminate prosecution of, an alleged violation of Federal
    criminal law in Indian country, the United States Attorney shall
    coordinate with the appropriate tribal justice officials
    regarding the status of the investigation and the use of
    evidence relevant to the case in a tribal court with authority
    over the crime alleged.
    ``(4) Prosecution data.--The United States Attorney shall
    submit to the Native American Issues Coordinator to compile, on
    an annual basis and by Federal judicial district, information
    regarding all declinations of alleged violations of Federal
    criminal law that occurred in Indian country that were referred
    for prosecution by law enforcement agencies, including--
    ``(A) the types of crimes alleged;
    ``(B) the statuses of the accused as Indians or non-
    Indians;

    [[Page 2268]]

    ``(C) the statuses of the victims as Indians or non-
    Indians; and
    ``(D) the reasons for deciding to decline or
    terminate the prosecutions.

    ``(b) Annual Reports.--The Attorney General shall submit to Congress
    annual reports containing, with respect to the applicable calendar year,
    the information compiled under paragraphs (2) and (4) of subsection
    (a)--
    ``(1) organized--
    ``(A) in the aggregate; and
    ``(B)(i) for the Federal Bureau of Investigation, by
    Field Division; and
    ``(ii) for United States Attorneys, by Federal
    judicial district; and
    ``(2) including any relevant explanatory statements.

    ``(c) Effect of Section.--
    ``(1) In general.--Nothing in this section requires any
    Federal agency or official to transfer or disclose any
    confidential, privileged, or statutorily protected
    communication, information, or source to an official of any
    Indian tribe.
    ``(2) Federal rules of criminal procedure.--Nothing in this
    section affects or limits the requirements of Rule 6 of the
    Federal Rules of Criminal Procedure.
    ``(3) Regulations.--The Attorney General shall establish, by
    regulation, standards for the protection of the confidential or
    privileged communications, information, and sources described in
    this section.''.
    SEC. 213. PROSECUTION OF CRIMES IN INDIAN COUNTRY.

    (a) Appointment of Special Prosecutors.--
    (1) In general.--Section 543 of title 28, United States
    Code, is amended--
    (A) in subsection (a), by inserting before the
    period at the end the following: ``, including the
    appointment of qualified tribal prosecutors and other
    qualified attorneys to assist in prosecuting Federal
    offenses committed in Indian country''; and
    (B) by adding at the end the following:

    ``(c) Indian Country.--In this section, the term `Indian country'
    has the meaning given that term in section 1151 of title 18.''.
    (2) Sense of congress regarding consultation.--It is the
    sense of Congress that, in appointing attorneys under section
    543 of title 28, United States Code, to serve as special
    prosecutors in Indian country, the Attorney General should
    consult with tribal justice officials of each Indian tribe that
    would be affected by the appointment.

    (b) Tribal Liaisons.--
    (1) In general.--The Indian Law Enforcement Reform Act (25
    U.S.C. 2801 et seq.) is amended by adding at the end the
    following:
    ``SEC. 13. <> ASSISTANT UNITED STATES ATTORNEY
    TRIBAL LIAISONS.

    ``(a) Appointment.--The United States Attorney for each district
    that includes Indian country shall appoint not less than 1 assistant
    United States Attorney to serve as a tribal liaison for the district.
    ``(b) Duties.--The duties of a tribal liaison shall include the
    following:

    [[Page 2269]]

    ``(1) Coordinating the prosecution of Federal crimes that
    occur in Indian country.
    ``(2) Developing multidisciplinary teams to combat child
    abuse and domestic and sexual violence offenses against Indians.
    ``(3) Consulting and coordinating with tribal justice
    officials and victims' advocates to address any backlog in the
    prosecution of major crimes in Indian country in the district.
    ``(4) Developing working relationships and maintaining
    communication with tribal leaders, tribal community and victims'
    advocates, and tribal justice officials to gather information
    from, and share appropriate information with, tribal justice
    officials.
    ``(5) Coordinating with tribal prosecutors in cases in which
    a tribal government has concurrent jurisdiction over an alleged
    crime, in advance of the expiration of any applicable statute of
    limitation.
    ``(6) Providing technical assistance and training regarding
    evidence gathering techniques and strategies to address victim
    and witness protection to tribal justice officials and other
    individuals and entities that are instrumental to responding to
    Indian country crimes.
    ``(7) Conducting training sessions and seminars to certify
    special law enforcement commissions to tribal justice officials
    and other individuals and entities responsible for responding to
    Indian country crimes.
    ``(8) Coordinating with the Office of Tribal Justice, as
    necessary.
    ``(9) Conducting such other activities to address and
    prevent violent crime in Indian country as the applicable United
    States Attorney determines to be appropriate.

    ``(c) Effect of Section.--Nothing in this section limits the
    authority of any United States Attorney to determine the duties of a
    tribal liaison officer to meet the needs of the Indian tribes located
    within the relevant Federal district.
    ``(d) Enhanced Prosecution of Minor Crimes.--
    ``(1) In general.--Each United States Attorney serving a
    district that includes Indian country is authorized and
    encouraged--
    ``(A) to appoint Special Assistant United States
    Attorneys pursuant to section 543(a) of title 28, United
    States Code, to prosecute crimes in Indian country as
    necessary to improve the administration of justice, and
    particularly when--
    ``(i) the crime rate exceeds the national
    average crime rate; or
    ``(ii) the rate at which criminal offenses are
    declined to be prosecuted exceeds the national
    average declination rate;
    ``(B) to coordinate with applicable United States
    district courts regarding scheduling of Indian country
    matters and holding trials or other proceedings in
    Indian country, as appropriate;
    ``(C) to provide to appointed Special Assistant
    United States Attorneys appropriate training,
    supervision, and staff support; and

    [[Page 2270]]

    ``(D) to provide technical and other assistance to
    tribal governments and tribal court systems to ensure
    that the goals of this subsection are achieved.
    ``(2) Sense of congress regarding consultation.--It is the
    sense of Congress that, in appointing Special Assistant United
    States Attorneys under this subsection, a United States Attorney
    should consult with tribal justice officials of each Indian
    tribe that would be affected by the appointment.''.
    (2) Sense of congress regarding evaluations of tribal
    liaisons.--
    (A) Findings.--Congress finds that--
    (i) many residents of Indian country rely
    solely on United States Attorneys offices to
    prosecute felony and misdemeanor crimes occurring
    on Indian land; and
    (ii) tribal liaisons have dual obligations
    of--
    (I) coordinating prosecutions of
    Indian country crime; and
    (II) developing relationships with
    residents of Indian country and serving
    as a link between Indian country
    residents and the Federal justice
    process.
    (B) Sense of congress.--It is the sense of Congress
    that the Attorney General should--
    (i) take all appropriate actions to encourage
    the aggressive prosecution of all Federal crimes
    committed in Indian country; and
    (ii) when appropriate, take into consideration
    the dual responsibilities of tribal liaisons
    described in subparagraph (A)(ii) in evaluating
    the performance of the tribal liaisons.
    SEC. 214. ADMINISTRATION.

    (a) Office of Tribal Justice.--
    (1) Definitions.--Section 4 of the Indian Tribal Justice
    Technical and Legal Assistance Act of 2000 (25 U.S.C. 3653) is
    amended--
    (A) by redesignating paragraphs (2) through (7) as
    paragraphs (3) through (8), respectively; and
    (B) by inserting after paragraph (1) the following:
    ``(2) Director.--The term `Director' means the Director of
    the Office of Tribal Justice.''.
    (2) Status.--Title I of the Indian Tribal Justice Technical
    and Legal Assistance Act of 2000 is amended--
    (A) by redesignating section 106 (25 U.S.C. 3666) as
    section 107; and
    (B) by inserting after section 105 (25 U.S.C. 3665)
    the following:
    ``SEC. 106. <> OFFICE OF TRIBAL JUSTICE.

    ``(a) In General.-- <> Not later
    than 90 days after the date of enactment of the Tribal Law and Order Act
    of 2010, the Attorney General shall establish the Office of Tribal
    Justice as a component of the Department.

    ``(b) Personnel and Funding.--The Attorney General shall provide to
    the Office of Tribal Justice such personnel and funds as are necessary
    to establish the Office of Tribal Justice as a component of the
    Department under subsection (a).

    [[Page 2271]]

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

    (b) Native American Issues Coordinator.--The Indian Law Enforcement
    Reform Act (25 U.S.C. 2801 et seq.) (as amended by section 213(b)) is
    amended by adding at the end the following:
    ``SEC. 14. <> NATIVE AMERICAN ISSUES
    COORDINATOR.

    ``(a) Establishment.--There is established in the Executive Office
    for United States Attorneys of the Department of Justice a position to
    be known as the `Native American Issues Coordinator'.
    ``(b) Duties.--The Native American Issues Coordinator shall--
    ``(1) coordinate with the United States Attorneys that have
    authority to prosecute crimes in Indian country;
    ``(2) coordinate prosecutions of crimes of national
    significance in Indian country, as determined by the Attorney
    General;
    ``(3) coordinate as necessary with other components of the
    Department of Justice and any relevant advisory groups to the
    Attorney General or the Deputy Attorney General; and
    ``(4) carry out such other duties as the Attorney General
    may prescribe.''.

    Subtitle B--State Accountability and Coordination

    SEC. 221. STATE CRIMINAL JURISDICTION AND RESOURCES.

    (a) Concurrent Authority of United States.--Section 401(a) of the
    Indian Civil Rights Act of 1968 (25 U.S.C. 1321(a)) is amended--
    (1) by striking the section designation and heading and all
    that follows through ``The consent of the United States'' and
    inserting the following:
    ``SEC. 401. ASSUMPTION BY STATE OF CRIMINAL JURISDICTION.

    ``(a) Consent of United States.--
    ``(1) In general.--The consent of the United States''; and
    (2) by adding at the end the following:

    [[Page 2272]]

    ``(2) Concurrent jurisdiction.--At the request of an Indian
    tribe, and after consultation with and consent by the Attorney
    General, the United States shall accept concurrent jurisdiction
    to prosecute violations of sections 1152 and 1153 of title 18,
    United States Code, within the Indian country of the Indian
    tribe.''.

    (b) Applicable Law.--Section 1162 of title 18, United States Code,
    is amended by adding at the end the following:
    ``(d) Notwithstanding subsection (c), at the request of an Indian
    tribe, and after consultation with and consent by the Attorney General--
    ``(1) sections 1152 and 1153 shall apply in the areas of the
    Indian country of the Indian tribe; and
    ``(2) jurisdiction over those areas shall be concurrent
    among the Federal Government, State governments, and, where
    applicable, tribal governments.''.
    SEC. 222. <> STATE, TRIBAL, AND LOCAL LAW
    ENFORCEMENT COOPERATION.

    The Attorney General may provide technical and other assistance to
    State, tribal, and local governments that enter into cooperative
    agreements, including agreements relating to mutual aid, hot pursuit of
    suspects, and cross-deputization for the purposes of--
    (1) improving law enforcement effectiveness;
    (2) reducing crime in Indian country and nearby communities;
    and
    (3) developing successful cooperative relationships that
    effectively combat crime in Indian country and nearby
    communities.

    Subtitle C--Empowering Tribal Law Enforcement Agencies and Tribal
    Governments

    SEC. 231. TRIBAL POLICE OFFICERS.

    (a) Flexibility in Training Law Enforcement Officers Serving Indian
    Country.--Section 3(e) of the Indian Law Enforcement Reform Act (25
    U.S.C. 2802(e)) (as amended by section 211(b)(4)) is amended--
    (1) in paragraph (1)--
    (A) by striking ``(e)(1) The Secretary'' and
    inserting the following:

    ``(e) Standards of Education and Experience and Classification of
    Positions.--
    ``(1) Standards of education and experience.--
    ``(A) In general.--The Secretary''; and
    (B) by adding at the end the following:
    ``(B) Requirements for training.--The training
    standards established under subparagraph (A)--
    ``(i) shall be consistent with standards
    accepted by the Federal Law Enforcement Training
    Accreditation commission for law enforcement
    officers attending similar programs; and

    [[Page 2273]]

    ``(ii) shall include, or be supplemented by,
    instruction regarding Federal sources of authority
    and jurisdiction, Federal crimes, Federal rules of
    criminal procedure, and constitutional law to
    bridge the gap between State training and Federal
    requirements.
    ``(C) Training at state, tribal, and local
    academies.--Law enforcement personnel of the Office of
    Justice Services or an Indian tribe may satisfy the
    training standards established under subparagraph (A)
    through training at a State or tribal police academy, a
    State, regional, local, or tribal college or university,
    or other training academy (including any program at a
    State, regional, local, or tribal college or university)
    that meets the appropriate Peace Officer Standards of
    Training.
    ``(D) Maximum age requirement.--Pursuant to section
    3307(e) of title 5, United States Code, the Secretary
    may employ as a law enforcement officer under section 4
    any individual under the age of 47, if the individual
    meets all other applicable hiring requirements for the
    applicable law enforcement position.'';
    (2) in paragraph (3), by striking ``Agencies'' and inserting
    ``agencies''; and
    (3) by adding at the end the following:
    ``(4) Background checks for tribal justice officials.--
    ``(A) In general.--The Office of Justice Services
    shall develop standards and deadlines for the provision
    of background checks to tribal law enforcement and
    corrections officials.
    ``(B) Timing.--If a request for a background check
    is made by an Indian tribe that has contracted or
    entered into a compact for law enforcement or
    corrections services with the Bureau of Indian Affairs
    pursuant to the Indian Self-Determination and Education
    Assistance Act (25 U.S.C. 450 et seq.), the Office of
    Justice Services shall complete the check not later than
    60 days after the date of receipt of the request, unless
    an adequate reason for failure to respond by that date
    is provided to the Indian tribe in writing.''.

    (b) Special Law Enforcement Commissions.--Section 5 of the Indian
    Law Enforcement Reform Act (25 U.S.C. 2804) is amended--
    (1) by striking ``(a) The Secretary may enter into an
    agreement'' and inserting the following:

    ``(a) Agreements.--
    ``(1) In general.--Not <> later
    than 180 days after the date of enactment of the Tribal Law and
    Order Act of 2010, the Secretary shall establish procedures to
    enter into memoranda of agreement'';
    (2) in the second sentence, by striking ``The Secretary''
    and inserting the following:
    ``(2) Certain activities.--The Secretary''; and
    (3) by adding at the end the following:
    ``(3) Program enhancement.--
    ``(A) Training sessions in indian country.--
    ``(i) In general.--The procedures described in
    paragraph (1) shall include the development of a
    plan to enhance the certification and provision of
    special

    [[Page 2274]]

    law enforcement commissions to tribal law
    enforcement officials, and, subject to subsection
    (d), State and local law enforcement officials,
    pursuant to this section.
    ``(ii) Inclusions.--The plan under clause (i)
    shall include the hosting of regional training
    sessions in Indian country, not less frequently
    than biannually, to educate and certify candidates
    for the special law enforcement commissions.
    ``(B) Memoranda of agreement.--
    ``(i) In general.--Not later than 180 days
    after the date of enactment of the Tribal Law and
    Order Act of 2010, the Secretary, in consultation
    with Indian tribes and tribal law enforcement
    agencies, shall develop minimum requirements to be
    included in special law enforcement commission
    agreements pursuant to this section.
    ``(ii) Substance of agreements.--Each
    agreement entered into pursuant to this section
    shall reflect the status of the applicable
    certified individual as a Federal law enforcement
    officer under subsection (f), acting within the
    scope of the duties described in section 3(c).
    ``(iii) Agreement.--Not later than 60 days
    after the date on which the Secretary determines
    that all applicable requirements under clause (i)
    are met, the Secretary shall offer to enter into a
    special law enforcement commission agreement with
    the Indian tribe.''.

    (c) Indian Law Enforcement Foundation.--The Indian Self-
    Determination and Education Assistance Act (25 U.S.C. 450 et seq.) is
    amended by adding at the end the following:

    ``TITLE VII--INDIAN LAW ENFORCEMENT FOUNDATION

    ``SEC. <> 701. DEFINITIONS.

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

    ``(a) Establishment.--
    ``(1) In general.--As soon as practicable after the date of
    enactment of this title, the Secretary shall establish, under
    the laws of the District of Columbia and in accordance with this
    title, a foundation, to be known as the `Indian Law Enforcement
    Foundation'.

    [[Page 2275]]

    ``(2) Funding determinations.--No funds, gift, property, or
    other item of value (including any interest accrued on such an
    item) acquired by the Foundation shall--
    ``(A) be taken into consideration for purposes of
    determining Federal appropriations relating to the
    provision of public safety or justice services to
    Indians; or
    ``(B) otherwise limit, diminish, or affect the
    Federal responsibility for the provision of public
    safety or justice services to Indians.

    ``(b) Nature of Corporation.--The Foundation--
    ``(1) shall be a charitable and nonprofit federally
    chartered corporation; and
    ``(2) shall not be an agency or instrumentality of the
    United States.

    ``(c) Place of Incorporation and Domicile.--The Foundation shall be
    incorporated and domiciled in the District of Columbia.
    ``(d) Duties.--The Foundation shall--
    ``(1) encourage, accept, and administer, in accordance with
    the terms of each donation, private gifts of real and personal
    property, and any income from or interest in such gifts, for the
    benefit of, or in support of, public safety and justice services
    in American Indian and Alaska Native communities; and
    ``(2) assist the Office of Justice Services of the Bureau of
    Indian Affairs and Indian tribal governments in funding and
    conducting activities and providing education to advance and
    support the provision of public safety and justice services in
    American Indian and Alaska Native communities.

    ``(e) Committee for the Establishment of the Indian Law Enforcement
    Foundation.--
    ``(1) In general.--The Secretary shall establish a
    committee, to be known as the `Committee for the Establishment
    of the Indian Law Enforcement Foundation', to assist the
    Secretary in establishing the Foundation.
    ``(2) Duties.--Not <> later than 180 days
    after the date of enactment of this section, the Committee
    shall--
    ``(A) carry out such activities as are necessary to
    incorporate the Foundation under the laws of the
    District of Columbia, including acting as incorporators
    of the Foundation;
    ``(B) ensure that the Foundation qualifies for and
    maintains the status required to carry out this section,
    until the date on which the Board is established;
    ``(C) establish the constitution and initial bylaws
    of the Foundation;
    ``(D) provide for the initial operation of the
    Foundation, including providing for temporary or interim
    quarters, equipment, and staff; and
    ``(E) appoint the initial members of the Board in
    accordance with the constitution and initial bylaws of
    the Foundation.

    ``(f) Board of Directors.--
    ``(1) In general.--The Board of Directors shall be the
    governing body of the Foundation.
    ``(2) Powers.--The Board may exercise, or provide for the
    exercise of, the powers of the Foundation.
    ``(3) Selection.--

    [[Page 2276]]

    ``(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

    [[Page 2277]]

    the United States in accordance with the constitution and bylaws
    of the Foundation.

    ``(j) Service of Process.--The Foundation shall comply with the law
    on service of process of each State in which the Foundation is
    incorporated and of each State in which the Foundation carries on
    activities.
    ``(k) Liability of Officers, Employees, and Agents.--
    ``(1) In general.--The Foundation shall be liable for the
    acts of the officers, employees, and agents of the Foundation
    acting within the scope of the authority of the officers,
    employees, and agents.
    ``(2) Personal liability.--A member of the Board shall be
    personally liable only for gross negligence in the performance
    of the duties of the member.

    ``(l) Restrictions.--
    ``(1) Limitation on spending.--Beginning with the fiscal
    year following the first full fiscal year during which the
    Foundation is in operation, the administrative costs of the
    Foundation shall not exceed the percentage described in
    paragraph (2) of the sum of--
    ``(A) the amounts transferred to the Foundation
    under subsection (n) during the preceding fiscal year;
    and
    ``(B) donations received from private sources during
    the preceding fiscal year.
    ``(2) Percentages.--The percentages referred to in paragraph
    (1) are--
    ``(A) for the first 2 fiscal years described in that
    paragraph, 25 percent;
    ``(B) for the following fiscal year, 20 percent; and
    ``(C) for each fiscal year thereafter, 15 percent.
    ``(3) Appointment and hiring.--The appointment of officers
    and employees of the Foundation shall be subject to the
    availability of funds.
    ``(4) Status.--A member of the Board or officer, employee,
    or agent of the Foundation shall not by reason of association
    with the Foundation be considered to be an officer, employee, or
    agent of the United States.

    ``(m) Audits.--The Foundation shall comply with section 10101 of
    title 36, United States Code, as if the Foundation were a corporation
    under part B of subtitle II of that title.
    ``(n) Funding.--For each of fiscal years 2011 through 2015, out of
    any unobligated amounts available to the Secretary, the Secretary may
    use to carry out this section not more than $500,000.
    ``SEC. 703. <> ADMINISTRATIVE SERVICES AND
    SUPPORT.

    ``(a) Provision of Support by Secretary.--Subject <> to subsection (b), during the 5-year period beginning on the
    date on which the Foundation is established, the Secretary--
    ``(1) may provide personnel, facilities, and other
    administrative support services to the Foundation;
    ``(2) may provide funds for initial operating costs and to
    reimburse the travel expenses of the members of the Board; and
    ``(3) shall require and accept reimbursements from the
    Foundation for--
    ``(A) services provided under paragraph (1); and
    ``(B) funds provided under paragraph (2).

    [[Page 2278]]

    ``(b) Reimbursement.--Reimbursements accepted under subsection
    (a)(3)--
    ``(1) shall be deposited in the Treasury of the United
    States to the credit of the applicable appropriations account;
    and
    ``(2) shall be chargeable for the cost of providing services
    described in subsection (a)(1) and travel expenses described in
    subsection (a)(2).

    ``(c) Continuation of Certain Services.--The Secretary may continue
    to provide facilities and necessary support services to the Foundation
    after the termination of the 5-year period specified in subsection (a)
    if the facilities and services are--
    ``(1) available; and
    ``(2) provided on reimbursable cost basis.''.

    (d) Technical Amendments.--The Indian Self-Determination and
    Education Assistance Act is amended--
    (1) by redesignating title V (25 U.S.C. 458bbb et seq.) as
    title VIII and moving the title so as to appear at the end of
    the Act;
    (2) by <> redesignating sections 501, 502, and 503 (25
    U.S.C. 458bbb, 458bbb-1, 458bbb-2) as sections 801, 802, and
    803, respectively; and
    (3) in subsection (a)(2) of section 802 and paragraph (2) of
    section 803 (as redesignated by paragraph (2)), by striking
    ``section 501'' and inserting ``section 801''.

    (e) Acceptance and Assistance.--Section 5 of the Indian Law
    Enforcement Reform Act (25 U.S.C. 2804) is amended by adding at the end
    the following:
    ``(g) Acceptance of Assistance.--The Bureau may accept
    reimbursement, resources, assistance, or funding from--
    ``(1) a Federal, tribal, State, or other government agency;
    or
    ``(2) the Indian Law Enforcement Foundation established
    under section 701(a) of the Indian Self-Determination and
    Education Assistance Act.''.
    SEC. 232. DRUG ENFORCEMENT IN INDIAN COUNTRY.

    (a) Education and Research Programs.--Section 502 of the Controlled
    Substances Act (21 U.S.C. 872) is amended in subsections (a)(1) and (c),
    by inserting `` tribal,'' after ``State,'' each place it appears.
    (b) Public-private Education Program.--Section 503 of the
    Comprehensive Methamphetamine Control Act of 1996 (21 U.S.C. 872a) is
    amended--
    (1) in subsection (a), by inserting ``tribal,'' after
    ``State,''; and
    (2) in subsection (b)(2), by inserting ``, tribal,'' after
    ``State''.

    (c) Cooperative Arrangements.--Section 503 of the Controlled
    Substances Act (21 U.S.C. 873) is amended--
    (1) in subsection (a)--
    (A) by inserting ``tribal,'' after ``State,'' each
    place it appears; and
    (B) in paragraphs (6) and (7), by inserting ``,
    tribal,'' after ``State'' each place it appears; and
    (2) in subsection (d)(1), by inserting ``, tribal,'' after
    ``State''.

    (d) Powers of Enforcement Personnel.--Section 508(a) of the
    Controlled Substances Act (21 U.S.C. 878(a)) is amended in

    [[Page 2279]]

    the matter preceding paragraph (1) by inserting ``, tribal,'' after
    ``State''.
    (e) Effect <> of Grants.--Nothing in this
    section or any amendment made by this section--
    (1) allows the grant to be made to, or used by, an entity
    for law enforcement activities that the entity lacks
    jurisdiction to perform; or
    (2) has any effect other than to authorize, award, or deny a
    grant of funds to a federally recognized Indian tribe for the
    purposes described in the relevant grant program.
    SEC. 233. ACCESS TO NATIONAL CRIMINAL INFORMATION DATABASES.

    (a) Access to National Criminal Information Databases.--Section 534
    of title 28, United States Code, is amended--
    (1) in subsection (a)(4), by inserting ``Indian tribes,''
    after ``the States,'';
    (2) by striking subsection (d) and inserting the following:

    ``(d) Indian Law Enforcement Agencies.--The Attorney General shall
    permit tribal and Bureau of Indian Affairs law enforcement agencies--
    ``(1) to access and enter information into Federal criminal
    information databases; and
    ``(2) to obtain information from the databases.'';
    (3) by redesignating the second subsection (e) as subsection
    (f); and
    (4) in paragraph (2) of subsection (f) (as redesignated by
    paragraph (3)), in the matter preceding subparagraph (A), by
    inserting ``, tribal,'' after ``Federal''.

    (b) <>  Requirement.--
    (1) In general.--The Attorney General shall ensure that
    tribal law enforcement officials that meet applicable Federal or
    State requirements be permitted access to national crime
    information databases.
    (2) Sanctions.--For purpose of sanctions for noncompliance
    with requirements of, or misuse of, national crime information
    databases and information obtained from those databases, a
    tribal law enforcement agency or official shall be treated as
    Federal law enforcement agency or official.
    (3) NCIC.--Each tribal justice official serving an Indian
    tribe with criminal jurisdiction over Indian country shall be
    considered to be an authorized law enforcement official for
    purposes of access to the National Crime Information Center of
    the Federal Bureau of Investigation.
    SEC. 234. TRIBAL COURT SENTENCING AUTHORITY.

    (a) Individual Rights.--Section 202 of the Indian Civil Rights Act
    of 1968 (25 U.S.C. 1302), is amended--
    (1) in the matter preceding paragraph (1), by striking ``No
    Indian tribe'' and inserting the following:

    ``(a) In General.--No Indian tribe'';
    (2) in subsection (a) (as designated by paragraph (1))--
    (A) in paragraph (6) by inserting ``(except as
    provided in subsection (b)) after ``assistance of
    counsel for his defense''; and
    (B) by striking paragraph (7) and inserting the
    following:
    ``(7)(A) require excessive bail, impose excessive fines, or
    inflict cruel and unusual punishments;

    [[Page 2280]]

    ``(B) except as provided in subparagraph (C), impose for
    conviction of any 1 offense any penalty or punishment greater
    than imprisonment for a term of 1 year or a fine of $5,000, or
    both;
    ``(C) subject to subsection (b), impose for conviction of
    any 1 offense any penalty or punishment greater than
    imprisonment for a term of 3 years or a fine of $15,000, or
    both; or
    ``(D) impose on a person in a criminal proceeding a total
    penalty or punishment greater than imprisonment for a term of 9
    years;''; and
    (3) by adding at the end the following:

    ``(b) Offenses Subject to Greater Than 1-year Imprisonment or a Fine
    Greater Than $5,000.--A tribal court may subject a defendant to a term
    of imprisonment greater than 1 year but not to exceed 3 years for any 1
    offense, or a fine greater than $5,000 but not to exceed $15,000, or
    both, if the defendant is a person accused of a criminal offense who--
    ``(1) has been previously convicted of the same or a
    comparable offense by any jurisdiction in the United States; or
    ``(2) is being prosecuted for an offense comparable to an
    offense that would be punishable by more than 1 year of
    imprisonment if prosecuted by the United States or any of the
    States.

    ``(c) Rights of Defendants.--In a criminal proceeding in which an
    Indian tribe, in exercising powers of self-government, imposes a total
    term of imprisonment of more than 1 year on a defendant, the Indian
    tribe shall--
    ``(1) provide to the defendant the right to effective
    assistance of counsel at least equal to that guaranteed by the
    United States Constitution; and
    ``(2) at the expense of the tribal government, provide an
    indigent defendant the assistance of a defense attorney licensed
    to practice law by any jurisdiction in the United States that
    applies appropriate professional licensing standards and
    effectively ensures the competence and professional
    responsibility of its licensed attorneys;
    ``(3) require that the judge presiding over the criminal
    proceeding--
    ``(A) has sufficient legal training to preside over
    criminal proceedings; and
    ``(B) is licensed to practice law by any
    jurisdiction in the United States;
    ``(4) prior to charging the defendant, make publicly
    available the criminal laws (including regulations and
    interpretative documents), rules of evidence, and rules of
    criminal procedure (including rules governing the recusal of
    judges in appropriate circumstances) of the tribal government;
    and
    ``(5) maintain a record of the criminal proceeding,
    including an audio or other recording of the trial proceeding.

    ``(d) Sentences.--In the case of a defendant sentenced in accordance
    with subsections (b) and (c), a tribal court may require the defendant--
    ``(1) to serve the sentence--
    ``(A) <> in a tribal
    correctional center that has been approved by the Bureau
    of Indian Affairs for long-term incarceration, in
    accordance with guidelines to be developed by the Bureau
    of Indian Affairs (in consultation with Indian

    [[Page 2281]]

    tribes) not later than 180 days after the date of
    enactment of the Tribal Law and Order Act of 2010;
    ``(B) in the nearest appropriate Federal facility,
    at the expense of the United States pursuant to the
    Bureau of Prisons tribal prisoner pilot program
    described in section 304(c) of the Tribal Law and Order
    Act of 2010;
    ``(C) in a State or local government-approved
    detention or correctional center pursuant to an
    agreement between the Indian tribe and the State or
    local government; or
    ``(D) in an alternative rehabilitation center of an
    Indian tribe; or
    ``(2) to serve another alternative form of punishment, as
    determined by the tribal court judge pursuant to tribal law.

    ``(e) Definition of Offense.--In this section, the term `offense'
    means a violation of a criminal law.
    ``(f) Effect of Section.--Nothing in this section affects the
    obligation of the United States, or any State government that has been
    delegated authority by the United States, to investigate and prosecute
    any criminal violation in Indian country.''.
    (b) Report.--Not later than 4 years after the date of enactment of
    this Act, the Attorney General, in coordination with the Secretary of
    the Interior, shall submit a report to the appropriate committees of
    Congress that includes--
    (1) a description of the effectiveness of enhanced tribal
    court sentencing authority in curtailing violence and improving
    the administration of justice on Indian lands; and
    (2) a recommendation of whether enhanced sentencing
    authority should be discontinued, enhanced, or maintained at the
    level authorized under this title.

    (c) Bureau <> of Prisons Tribal Prisoner
    Pilot Program.--
    (1) In general.--Not <> later than 120 days
    after the date of enactment of this title, the Director of the
    Bureau of Prisons shall establish a pilot program under which
    the Bureau of Prisons shall accept offenders convicted in tribal
    court pursuant to section 202 of the Indian Civil Rights Act of
    1968 (25 U.S.C. 1302) (as amended by this section), subject to
    the conditions described in paragraph (2).
    (2) Conditions.--
    (A) In general.--As a condition of participation in
    the pilot program described in paragraph (1), the tribal
    court shall submit to the Attorney General a request for
    confinement of the offender, for approval by the
    Attorney General (or a designee) by not later than 30
    days after the date of submission.
    (B) Limitations.--Requests for confinement shall be
    limited to offenders convicted of a violent crime
    (comparable to the violent crimes described in section
    1153(a) of title 18, United States Code) for which the
    sentence includes a term of imprisonment of 2 or more
    years.
    (C) Custody conditions.--The imprisonment by the
    Bureau of Prisons shall be subject to the conditions
    described in section 5003 of title 18, United States
    Code, regarding the custody of State offenders, except
    that the offender shall be placed in the nearest
    available and appropriate Federal facility, and
    imprisoned at the expense of the United States.

    [[Page 2282]]

    (D) Cap.--The Bureau of Prisons shall confine not
    more than 100 tribal offenders at any time.
    (3) Rescinding requests.--
    (A) In general.--The applicable tribal government
    shall retain the authority to rescind the request for
    confinement of a tribal offender by the Bureau of
    Prisons under this paragraph at any time during the
    sentence of the offender.
    (B) Return to tribal custody.--On rescission of a
    request under subparagraph (A), a tribal offender shall
    be returned to tribal custody.
    (4) Reassessment.--If tribal court demand for participation
    in this pilot program exceeds 100 tribal offenders, a
    representative of the Bureau of Prisons shall notify Congress.
    (5) Report.--Not later than 3 years after the date of
    establishment of the pilot program, the Attorney General shall
    submit to Congress a report describing the status of the
    program, including recommendations regarding the future of the
    program, if any.
    (6) Termination.--Except as otherwise provided by an Act of
    Congress, the pilot program under this paragraph shall expire on
    the date that is 4 years after the date on which the program is
    established.

    (d) Grants and Contracts.--Section 1007(b) of the Economic
    Opportunity Act of 1964 (42 U.S.C. 2996f(b)) is amended by striking
    paragraph (2) and inserting the following:
    ``(2) to provide legal assistance with respect to any
    criminal proceeding, except to provide assistance to a person
    charged with an offense in an Indian tribal court;''.
    SEC. 235. INDIAN LAW AND ORDER COMMISSION.

    The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et seq.) (as
    amended by section 214(b)) is amended by adding at the end the
    following:
    ``SEC. 15. <> INDIAN LAW AND ORDER COMMISSION.

    ``(a) Establishment.--There is established a commission to be known
    as the Indian Law and Order Commission (referred to in this section as
    the `Commission').
    ``(b) Membership.--
    ``(1) In general.--The Commission shall be composed of 9
    members, of whom--
    ``(A) 3 shall be appointed by the President, in
    consultation with--
    ``(i) the Attorney General; and
    ``(ii) the Secretary;
    ``(B) 2 shall be appointed by the Majority Leader of
    the Senate, in consultation with the Chairpersons of the
    Committees on Indian Affairs and the Judiciary of the
    Senate;
    ``(C) 1 shall be appointed by the Minority Leader of
    the Senate, in consultation with the Vice Chairperson
    and Ranking Member of the Committees on Indian Affairs
    and the Judiciary of the Senate;
    ``(D) 2 shall be appointed by the Speaker of the
    House of Representatives, in consultation with the
    Chairpersons of the Committees on the Judiciary and
    Natural Resources of the House of Representatives; and

    [[Page 2283]]

    ``(E) 1 shall be appointed by the Minority Leader of
    the House of Representatives, in consultation with the
    Ranking Members of the Committees on the Judiciary and
    Natural Resources of the House of Representatives.
    ``(2) Requirements for eligibility.--Each member of the
    Commission shall have significant experience and expertise in--
    ``(A) the Indian country criminal justice system;
    and
    ``(B) matters to be studied by the Commission.
    ``(3) Consultation required.--
    The <> President, the Speaker and Minority
    Leader of the House of Representatives, and the Majority Leader
    and Minority Leader of the Senate shall consult before the
    appointment of members of the Commission under paragraph (1) to
    achieve, to the maximum extent practicable, fair and equitable
    representation of various points of view with respect to the
    matters to be studied by the Commission.
    ``(4) Term.--Each member shall be appointed for the life of
    the Commission.
    ``(5) Time for initial appointments.--The appointment of the
    members of the Commission shall be made not later than 60 days
    after the date of enactment of this Act.
    ``(6) Vacancies.--A vacancy in the Commission shall be
    filled--
    ``(A) in the same manner in which the original
    appointment was made; and
    ``(B) not <> later than 60 days
    after the date on which the vacancy occurred.

    ``(c) Operation.--
    ``(1) Chairperson.--Not <> later than 15
    days after the date on which all members of the Commission have
    been appointed, the Commission shall select 1 member to serve as
    Chairperson of the Commission.
    ``(2) Meetings.--
    ``(A) In general.--The Commission shall meet at the
    call of the Chairperson.
    ``(B) Initial meeting.--
    The <> initial meeting shall take place
    not later than 30 days after the date described in
    paragraph (1).
    ``(3) Quorum.--A majority of the members of the Commission
    shall constitute a quorum, but a lesser number of members may
    hold hearings.
    ``(4) Rules.--The Commission may establish, by majority
    vote, any rules for the conduct of Commission business, in
    accordance with this Act and other applicable law.

    ``(d) Comprehensive Study of Criminal Justice System Relating to
    Indian Country.--The Commission shall conduct a comprehensive study of
    law enforcement and criminal justice in tribal communities, including--
    ``(1) jurisdiction over crimes committed in Indian country
    and the impact of that jurisdiction on--
    ``(A) the investigation and prosecution of Indian
    country crimes; and
    ``(B) residents of Indian land;
    ``(2) the tribal jail and Federal prisons systems and the
    effect of those systems with respect to--
    ``(A) reducing Indian country crime; and

    [[Page 2284]]

    ``(B) rehabilitation of offenders;
    ``(3)(A) tribal juvenile justice systems and the Federal
    juvenile justice system as relating to Indian country; and
    ``(B) the effect of those systems and related programs in
    preventing juvenile crime, rehabilitating Indian youth in
    custody, and reducing recidivism among Indian youth;
    ``(4) the impact of the Indian Civil Rights Act of 1968 (25
    U.S.C. 1301 et seq.) on--
    ``(A) the authority of Indian tribes;
    ``(B) the rights of defendants subject to tribal
    government authority; and
    ``(C) the fairness and effectiveness of tribal
    criminal systems; and
    ``(5) studies of such other subjects as the Commission
    determines relevant to achieve the purposes of the Tribal Law
    and Order Act of 2010.

    ``(e) Recommendations.--Taking into consideration the results of the
    study under paragraph (1), the Commission shall develop recommendations
    on necessary modifications and improvements to justice systems at the
    tribal, Federal, and State levels, including consideration of--
    ``(1) simplifying jurisdiction in Indian country;
    ``(2) improving services and programs--
    ``(A) to prevent juvenile crime on Indian land;
    ``(B) to rehabilitate Indian youth in custody; and
    ``(C) to reduce recidivism among Indian youth;
    ``(3) adjustments to the penal authority of tribal courts
    and exploring alternatives to incarceration;
    ``(4) the enhanced use of chapter 43 of title 28, United
    States Code (commonly known as `the Federal Magistrates Act') in
    Indian country;
    ``(5) effective means of protecting the rights of victims
    and defendants in tribal criminal justice systems (including
    defendants incarcerated for a period of less than 1 year);
    ``(6) changes to the tribal jails and Federal prison
    systems; and
    ``(7) other issues that, as determined by the Commission,
    would reduce violent crime in Indian country.

    ``(f) Report.--Not later than 2 years after the date of enactment of
    this Act, the Commission shall submit to the President and Congress a
    report that contains--
    ``(1) a detailed statement of the findings and conclusions
    of the Commission; and
    ``(2) the recommendations of the Commission for such
    legislative and administrative actions as the Commission
    considers to be appropriate.

    ``(g) Powers.--
    ``(1) Hearings.--
    ``(A) In general.--The Commission may hold such
    hearings, meet and act at such times and places, take
    such testimony, and receive such evidence as the
    Commission considers to be advisable to carry out the
    duties of the Commission under this section.
    ``(B) Public requirement.--The hearings of the
    Commission under this paragraph shall be open to the
    public.
    ``(2) Witness expenses.--

    [[Page 2285]]

    ``(A) In general.--A witness requested to appear
    before the Commission shall be paid the same fees and
    allowances as are paid to witnesses under section 1821
    of title 28, United States Code.
    ``(B) Per diem and mileage.--The fees and allowances
    for a witness shall be paid from funds made available to
    the Commission.
    ``(3) Information from federal, tribal, and state
    agencies.--
    ``(A) In general.--The Commission may secure
    directly from a Federal agency such information as the
    Commission considers to be necessary to carry out this
    section.
    ``(B) Tribal and state agencies.--The Commission may
    request the head of any tribal or State agency to
    provide to the Commission such information as the
    Commission considers to be necessary to carry out this
    section.
    ``(4) Postal services.--The Commission may use the United
    States mails in the same manner and under the same conditions as
    other agencies of the Federal Government.
    ``(5) Gifts.--The Commission may accept, use, and dispose of
    gifts or donations of services or property.

    ``(h) Commission Personnel Matters.--
    ``(1) Travel expenses.--A member of the Commission shall be
    allowed travel expenses, including per diem in lieu of
    subsistence, at rates authorized for an employee of an agency
    under subchapter I of chapter 57 of title 5, United States Code,
    while away from the home or regular place of business of the
    member in the performance of the duties of the Commission.
    ``(2) Detail of federal employees.--On the affirmative vote
    of \2/3\ of the members of the Commission and the approval of
    the appropriate Federal agency head, an employee of the Federal
    Government may be detailed to the Commission without
    reimbursement, and such detail shall be without interruption or
    loss of civil service status, benefits, or privileges.
    ``(3) Procurement of temporary and intermittent services.--
    On request of the Commission, the Attorney General shall provide
    to the Commission, on a reimbursable basis, reasonable and
    appropriate office space, supplies, and administrative
    assistance.

    ``(i) Contracts for Research.--
    ``(1) Researchers and experts.--
    ``(A) In general.--On an affirmative vote of \2/3\
    of the members of the Commission, the Commission may
    select nongovernmental researchers and experts to assist
    the Commission in carrying out the duties of the
    Commission under this section.
    ``(B) National institute of justice.--The National
    Institute of Justice may enter into a contract with the
    researchers and experts selected by the Commission under
    subparagraph (A) to provide funding in exchange for the
    services of the researchers and experts.
    ``(2) Other organizations.--Nothing in this subsection
    limits the ability of the Commission to enter into contracts
    with any other entity or organization to carry out research

    [[Page 2286]]

    necessary to carry out the duties of the Commission under this
    section.

    ``(j) Tribal Advisory Committee.--
    ``(1) Establishment.--The Commission shall establish a
    committee, to be known as the `Tribal Advisory Committee'.
    ``(2) Membership.--
    ``(A) Composition.--The Tribal Advisory Committee
    shall consist of 2 representatives of Indian tribes from
    each region of the Bureau of Indian Affairs.
    ``(B) Qualifications.--Each member of the Tribal
    Advisory Committee shall have experience relating to--
    ``(i) justice systems;
    ``(ii) crime prevention; or
    ``(iii) victim services.
    ``(3) Duties.--The Tribal Advisory Committee shall--
    ``(A) serve as an advisory body to the Commission;
    and
    ``(B) provide to the Commission advice and
    recommendations, submit materials, documents, testimony,
    and such other information as the Commission determines
    to be necessary to carry out the duties of the
    Commission under this section.

    ``(k) Funding.--For the fiscal year after the date of enactment of
    the Tribal Law and Order Act of 2010, out of any unobligated amounts
    available to the Secretary of the Interior or the Attorney General, the
    Secretary or the Attorney General may use to carry out this section not
    more than $2,000,000.
    ``(l) Termination of Commission.--The Commission shall terminate 90
    days after the date on which the Commission submits the report of the
    Commission under subsection (f).
    ``(m) Nonapplicability of FACA.--The Federal Advisory Committee Act
    (5 U.S.C. App.) shall not apply to the Commission.''.
    SEC. 236. EXEMPTION FOR TRIBAL DISPLAY MATERIALS.

    (a) In General.--Section 845(a) of title 18, United States Code is
    amended--
    (1) in paragraph (5), by striking ``and'' at the end;
    (2) in paragraph (6), by striking the period at the end and
    inserting ``and''; and
    (3) by adding at the end the following:
    ``(7) the transportation, shipment, receipt, or importation
    of display fireworks materials for delivery to a federally
    recognized Indian tribe or tribal agency.''.

    (b) Definition of Indian Tribe.--Section 841 of title 18, United
    States Code is amended by adding at the end the following:
    ``(t) Indian Tribe.--The term `Indian tribe' has the meaning given
    the term in section 102 of the Federally Recognized Indian Tribe List
    Act of 1994 (25 U.S.C. 479a)).''.
    (c) Technical Amendments.--Section 845 of title 18, United States
    Code is amended--
    (1) in subsection (a), by striking ``subsections'' in the
    first place it appears and inserting ``subsection''; and
    (2) in subsection (b), by striking ``Secretary'' each place
    it appears and inserting ``Attorney General''.

    [[Page 2287]]

    Subtitle D--Tribal Justice Systems

    SEC. 241. INDIAN ALCOHOL AND SUBSTANCE ABUSE.

    (a) Correction of References.--
    (1) Inter-departmental memorandum of agreement.--Section
    4205 of the Indian Alcohol and Substance Abuse Prevention and
    Treatment Act of 1986 (25 U.S.C. 2411) is amended--
    (A) in subsection (a)--
    (i) in the matter preceding paragraph (1)--
    (I) by striking ``Not later than 120
    days after the date of enactment of this
    subtitle'' and
    inserting <>  ``Not
    later than 1 year after the date of
    enactment of the Tribal Law and Order
    Act of 2010''; and
    (II) by inserting ``, the Attorney
    General,'' after ``Secretary of the
    Interior'';
    (ii) in paragraph (2)(A), by inserting ``,
    Office of Justice Programs, Substance Abuse and
    Mental Health Services Administration,'' after
    ``Bureau of Indian Affairs,'';
    (iii) in paragraph (4), by inserting ``,
    Department of Justice, Substance Abuse and Mental
    Health Services Administration,'' after ``Bureau
    of Indian Affairs'';
    (iv) in paragraph (5), by inserting ``,
    Department of Justice, Substance Abuse and Mental
    Health Services Administration,'' after ``Bureau
    of Indian Affairs'';
    (v) in paragraph (7), by inserting ``, the
    Attorney General,'' after ``Secretary of the
    Interior'';
    (B) in subsection (c), by inserting ``, the Attorney
    General,'' after ``Secretary of the Interior''; and
    (C) in subsection (d), by striking ``the date of
    enactment of this subtitle'' and inserting ``the date of
    enactment of the Tribal Law and Order Act of 2010''.
    (2) Tribal action plans.--Section 4206 of the Indian Alcohol
    and Substance Abuse Prevention and Treatment Act of 1986 (25
    U.S.C. 2412) is amended--
    (A) in subsection (b), in the first sentence, by
    inserting ``, the Office of Justice Programs, the
    Substance Abuse and Mental Health Services
    Administration,'' before ``and the Indian Health Service
    service unit'';
    (B) in subsection (c)(1)(A)(i), by inserting ``, the
    Office of Justice Programs, the Substance Abuse and
    Mental Health Services Administration,'' before ``and
    the Indian Health Service service unit'';
    (C) in subsection (d)(2), by striking ``fiscal year
    1993 and such sums as are necessary for each of the
    fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and
    2000'' and inserting ``the period of fiscal years 2011
    through 2015'';
    (D) in subsection (e), in the first sentence, by
    inserting ``, the Attorney General,'' after ``the
    Secretary of the Interior''; and
    (E) in subsection (f)(3), by striking ``fiscal year
    1993 and such sums as are necessary for each of the
    fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and
    2000'' and inserting ``fiscal years 2011 through 2015''.

    [[Page 2288]]

    (3) Departmental responsibility.--Section 4207 of the Indian
    Alcohol and Substance Abuse Prevention and Treatment Act of 1986
    (25 U.S.C. 2413) is amended--
    (A) in subsection (a), by inserting ``, the Attorney
    General'' after ``Bureau of Indian Affairs'';
    (B) in subsection (b)--
    (i) by striking paragraph (1) and inserting
    the following:
    ``(1) Establishment.--
    ``(A) In general.--To improve coordination among the
    Federal agencies and departments carrying out this
    subtitle, there is established within the Substance
    Abuse and Mental Health Services Administration an
    office, to be known as the `Office of Indian Alcohol and
    Substance Abuse' (referred to in this section as the
    `Office').
    ``(B) Director.--The director of the Office shall be
    appointed by the Administrator of the Substance Abuse
    and Mental Health Services Administration--
    ``(i) on a permanent basis; and
    ``(ii) at a grade of not less than GS-15 of
    the General Schedule.'';
    (ii) in paragraph (2)--
    (I) by striking ``(2) In addition''
    and inserting the following:
    ``(2) Responsibilities of office.--In addition'';
    (II) by striking subparagraph (A)
    and inserting the following:
    ``(A) coordinating with other agencies to monitor
    the performance and compliance of the relevant Federal
    programs in achieving the goals and purposes of this
    subtitle and the Memorandum of Agreement entered into
    under section 4205;'';
    (III) in subparagraph (B)--
    (aa) by striking ``within
    the Bureau of Indian Affairs'';
    and
    (bb) by striking the period
    at the end and inserting ``;
    and''; and
    (IV) by adding at the end the
    following:
    ``(C) <> not later than 1 year
    after the date of enactment of the Tribal Law and Order
    Act of 2010, developing, in coordination and
    consultation with tribal governments, a framework for
    interagency and tribal coordination that--
    ``(i) establish the goals and other desired
    outcomes of this Act;
    ``(ii) prioritizes outcomes that are aligned
    with the purposes of affected agencies;
    ``(iii) provides guidelines for resource and
    information sharing;
    ``(iv) provides technical assistance to the
    affected agencies to establish effective and
    permanent interagency communication and
    coordination; and
    ``(v) determines whether collaboration is
    feasible, cost-effective, and within agency
    capability.''; and
    (iii) by striking paragraph (3) and inserting
    the following:

    [[Page 2289]]

    ``(3) Appointment of employees.--The Administrator of the
    Substance Abuse and Mental Health Services Administration shall
    appoint such employees to work in the Office, and shall provide
    such funding, services, and equipment, as may be necessary to
    enable the Office to carry out the responsibilities under this
    subsection.''; and
    (C) in subsection (c)--
    (i) by striking ``of Alcohol and Substance
    Abuse'' each place it appears;
    (ii) in paragraph (1), in the second sentence,
    by striking ``The Assistant Secretary of the
    Interior for Indian Affairs'' and inserting ``The
    Administrator of the Substance Abuse and Mental
    Health Services Administration''; and
    (iii) in paragraph (3)--
    (I) in the matter preceding
    subparagraph (A), by striking ``Youth''
    and inserting ``youth''; and
    (II) by striking ``programs of the
    Bureau of Indian Affairs'' and inserting
    ``the applicable Federal programs''.
    (4) Review of programs.--Section 4208a(a) of the Indian
    Alcohol and Substance Abuse Prevention and Treatment Act of 1986
    (25 U.S.C. 2414a(a)) is amended in the matter preceding
    paragraph (1) by inserting ``, the Attorney General,'' after
    ``the Secretary of the Interior''.
    (5) Federal facilities, property, and equipment.--Section
    4209 of the Indian Alcohol and Substance Abuse Prevention and
    Treatment Act of 1986 (25 U.S.C. 2415) is amended--
    (A) in subsection (a), by inserting ``, the Attorney
    General,'' after ``the Secretary of the Interior'';
    (B) in subsection (b)--
    (i) in the first sentence, by inserting ``,
    the Attorney General,'' after ``the Secretary of
    the Interior'';
    (ii) in the second sentence, by inserting ``,
    nor the Attorney General,'' after ``the Secretary
    of the Interior''; and
    (iii) in the third sentence, by inserting ``,
    the Department of Justice,'' after ``the
    Department of the Interior''; and
    (C) in subsection (c)(1), by inserting ``, the
    Attorney General,'' after ``the Secretary of the
    Interior''.
    (6) Review.--Section 4211(a) of the Indian Alcohol and
    Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C.
    2431(a)) is amended in the matter preceding paragraph (1) by
    inserting ``, the Attorney General,'' after ``the Secretary of
    the Interior''.

    (b) Indian Education Programs.--Section 4212 of the Indian Alcohol
    and Substance Abuse Prevention Act of 1986 (25 U.S.C. 2432) is amended
    by striking subsection (a) and inserting the following:
    ``(a) Summer Youth Programs.--
    ``(1) In general.--The head of the Indian Alcohol and
    Substance Abuse Program, in coordination with the Assistant
    Secretary for Indian Affairs, shall develop and implement
    programs in tribal schools and schools funded by the Bureau of
    Indian Education (subject to the approval of the local school
    board or contract school board) to determine the effectiveness

    [[Page 2290]]

    of summer youth programs in advancing the purposes and goals of
    this Act.
    ``(2) Costs.--The head of the Indian Alcohol and Substance
    Abuse Program and the Assistant Secretary shall defray all costs
    associated with the actual operation and support of the summer
    youth programs in a school from funds appropriated to carry out
    this subsection.
    ``(3) Authorization of appropriations.--There are authorized
    to be appropriated to carry out the programs under this
    subsection $5,000,000 for each of fiscal years 2011 through
    2015.''.

    (c) Emergency Shelters.--Section 4213(e) of the Indian Alcohol and
    Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2433(e))
    is amended--
    (1) in paragraph (1), by striking ``fiscal year 1993 and
    such sums as may be necessary for each of the fiscal years 1994,
    1995, 1996, 1997, 1998, 1999, and 2000.'' and inserting ``each
    of fiscal years 2011 through 2015.'';
    (2) in paragraph (2), by striking ``each of the fiscal years
    1994, 1995, 1996, 1997, 1998, 1999, and 2000.'' and inserting
    ``each of fiscal years 2011 through 2015.''; and
    (3) by indenting paragraphs (4) and (5) appropriately.

    (d) Review of Programs.--Section 4215(a) of the Indian Alcohol and
    Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2441(a))
    is amended by inserting ``, the Attorney General,'' after ``the
    Secretary of the Interior''.
    (e) Illegal Narcotics Trafficking; Source Eradication.--Section 4216
    of the Indian Alcohol and Substance Abuse Prevention and Treatment Act
    of 1986 (25 U.S.C. 2442) is amended--
    (1) in subsection (a)--
    (A) in paragraph (1)--
    (i) in subparagraph (A), by striking the comma
    at the end and inserting a semicolon;
    (ii) in subparagraph (B), by striking ``,
    and'' at the end and inserting a semicolon;
    (iii) in subparagraph (C), by striking the
    period at the end and inserting ``; and''; and
    (iv) by adding at the end the following:
    ``(D) the Blackfeet Nation of Montana for the
    investigation and control of illegal narcotics traffic
    on the Blackfeet Indian Reservation along the border
    with Canada.'';
    (B) in paragraph (2), by striking ``United States
    Custom Service'' and inserting ``United States Customs
    and Border Protection, the Bureau of Immigration and
    Customs Enforcement, and the Drug Enforcement
    Administration''; and
    (C) by striking paragraph (3) and inserting the
    following:
    ``(3) Authorization of appropriations.--There is authorized
    to be appropriated to carry out this subsection $2,000,000 for
    each of fiscal years 2011 through 2015.''; and
    (2) in subsection (b)(2), by striking ``for the fiscal year
    1993 and such sums as may be necessary for each of the fiscal
    years 1994, 1995, 1996, 1997, 1998, 1999, and 2000'' and ``for
    each of fiscal years 2011 through 2015.''.

    [[Page 2291]]

    (f) Law Enforcement and Judicial Training.--Section 4218 of the
    Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986
    (25 U.S.C. 2451) is amended--
    (1) by striking subsection (a) and inserting the following:

    ``(a) Training Programs.--
    ``(1) In general.--The Secretary of the Interior, in
    coordination with the Attorney General, the Administrator of the
    Drug Enforcement Administration, and the Director of the Federal
    Bureau of Investigation, shall ensure, through the establishment
    of a new training program or by supplementing existing training
    programs, that all Bureau of Indian Affairs and tribal law
    enforcement and judicial personnel have access to training
    regarding--
    ``(A) the investigation and prosecution of offenses
    relating to illegal narcotics; and
    ``(B) alcohol and substance abuse prevention and
    treatment.
    ``(2) Youth-related training.--Any training provided to
    Bureau of Indian Affairs or tribal law enforcement or judicial
    personnel under paragraph (1) shall include training in issues
    relating to youth alcohol and substance abuse prevention and
    treatment.''; and
    (2) in subsection (b), by striking ``as may be necessary''
    and all that follows through the end of the subsection and
    inserting ``as are necessary for each of fiscal years 2011
    through 2015.''.

    (g) Juvenile Detention Centers.--Section 4220 of the Indian Alcohol
    and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C.
    2453) is amended--
    (1) in subsection (a)--
    (A) by striking ``The Secretary'' the first place it
    appears and inserting the following:
    ``(1) In general.--The Secretary'';
    (B) in the second sentence, by striking ``The
    Secretary shall'' and inserting the following:
    ``(2) Construction and operation.--The Secretary shall'';
    and
    (C) by adding at the end the following:
    ``(3) Development of plan.--
    ``(A) In general.--Not <> later
    than 1 year after the date of enactment of this
    paragraph, the Secretary and the Attorney General, in
    consultation with tribal leaders and tribal justice
    officials, shall develop a long-term plan for the
    construction, renovation, and operation of Indian
    juvenile detention and treatment centers and
    alternatives to detention for juvenile offenders.
    ``(B) Coordination.--The plan under subparagraph (A)
    shall require the Bureau of Indian Education and the
    Indian Health Service to coordinate with tribal and
    Bureau of Indian Affairs juvenile detention centers to
    provide services to those centers.''; and
    (2) in paragraphs (1) and (2) of subsection (b)--
    (A) by striking ``for fiscal year 1993 and such sums
    as may be necessary for each of the fiscal years 1994,
    1995, 1996, 1997, 1998, 1999, and 2000'' each place it
    appears and inserting ``for each of fiscal years 2011
    through 2015''; and

    [[Page 2292]]

    (B) by indenting paragraph (2) appropriately.
    SEC. 242. INDIAN TRIBAL JUSTICE; TECHNICAL AND LEGAL ASSISTANCE.

    (a) Indian Tribal Justice.--
    (1) Base support funding.--Section 103(b) of the Indian
    Tribal Justice Act (25 U.S.C. 3613(b)) is amended by striking
    paragraph (2) and inserting the following:
    ``(2) the employment of tribal court personnel, including
    tribal court judges, prosecutors, public defenders, appointed
    defense counsel, guardians ad litem, and court-appointed special
    advocates for children and juveniles;''.
    (2) Tribal justice systems.--Section 201 of the Indian
    Tribal Justice Act (25 U.S.C. 3621) is amended--
    (A) in subsection (a)--
    (i) by striking ``the provisions of sections
    101 and 102 of this Act'' and inserting ``sections
    101 and 102''; and
    (ii) by striking ``the fiscal years 2000
    through 2007'' and inserting ``fiscal years 2011
    through 2015'';
    (B) in subsection (b)--
    (i) by striking ``the provisions of section
    103 of this Act'' and inserting ``section 103'';
    and
    (ii) by striking ``the fiscal years 2000
    through 2007'' and inserting ``fiscal years 2011
    through 2015'';
    (C) in subsection (c), by striking ``the fiscal
    years 2000 through 2007'' and inserting ``fiscal years
    2011 through 2015''; and
    (D) in subsection (d), by striking ``the fiscal
    years 2000 through 2007'' and inserting ``fiscal years
    2011 through 2015''.

    (b) Technical and Legal Assistance.--
    (1) Tribal civil legal assistance grants.--Section 102 of
    the Indian Tribal Justice Technical and Legal Assistance Act of
    2000 (25 U.S.C. 3662) is amended by inserting ``(including
    guardians ad litem and court-appointed special advocates for
    children and juveniles)'' after ``civil legal assistance''.
    (2) Tribal criminal legal assistance grants.--Section 103 of
    the Indian Tribal Justice Technical and Legal Assistance Act of
    2000 (25 U.S.C. 3663) is amended by striking ``criminal legal
    assistance to members of Indian tribes and tribal justice
    systems'' and inserting ``defense counsel services to all
    defendants in tribal court criminal proceedings and prosecution
    and judicial services for tribal courts''.
    (3) Funding.--The Indian Tribal Justice Technical and Legal
    Assistance Act of 2000 is amended--
    (A) <> in section 107 (as
    redesignated by section 214(a)(2)(A)), by striking
    ``2000 through 2004'' and inserting ``2011 through
    2015''; and
    (B) in section 201(d) (25 U.S.C. 3681(d)), by
    striking ``2000 through 2004'' and inserting ``2011
    through 2015''.
    SEC. 243. TRIBAL RESOURCES GRANT PROGRAM.

    Section 1701 of the Omnibus Crime Control and Safe Streets Act of
    1968 (42 U.S.C. 3796dd) is amended--
    (1) in subsection (b)--

    [[Page 2293]]

    (A) in each of paragraphs (1) through (4) and (6)
    through (17), by inserting ``to'' after the paragraph
    designation;
    (B) in paragraph (1), by striking ``State and'' and
    inserting ``State, tribal, or'';
    (C) in paragraphs (9) and (10), by inserting ``,
    tribal,'' after ``State'' each place it appears;
    (D) in paragraph (15)--
    (i) by striking ``a State in'' and inserting
    ``a State or Indian tribe in'';
    (ii) by striking ``the State which'' and
    inserting ``the State or tribal community that'';
    and
    (iii) by striking ``a State or'' and inserting
    ``a State, tribal, or'';
    (E) in paragraph (16), by striking ``and'' at the
    end
    (F) in paragraph (17), by striking the period at the
    end and inserting ``; and'';
    (G) by redesignating paragraphs (6) through (17) as
    paragraphs (5) through (16), respectively; and
    (H) by adding at the end the following:
    ``(17) to permit tribal governments receiving direct law
    enforcement services from the Bureau of Indian Affairs to access
    the program under this section for use in accordance with
    paragraphs (1) through (16).''.
    (2) in subsection (i), by striking ``The authority'' and
    inserting ``Except as provided in subsection (j), the
    authority''; and
    (3) by adding at the end the following:

    ``(j) Grants to Indian Tribes.--
    ``(1) In general.--Notwithstanding subsection (i) and
    section 1703, and in acknowledgment of the Federal nexus and
    distinct Federal responsibility to address and prevent crime in
    Indian country, the Attorney General shall provide grants under
    this section to Indian tribal governments, for fiscal year 2011
    and any fiscal year thereafter, for such period as the Attorney
    General determines to be appropriate to assist the Indian tribal
    governments in carrying out the purposes described in subsection
    (b).
    ``(2) Priority of funding.--In providing grants to Indian
    tribal governments under this subsection, the Attorney General
    shall take into consideration reservation crime rates and tribal
    law enforcement staffing needs of each Indian tribal government.
    ``(3) Federal share.--Because of the Federal nature and
    responsibility for providing public safety on Indian land, the
    Federal share of the cost of any activity carried out using a
    grant under this subsection--
    ``(A) shall be 100 percent; and
    ``(B) may be used to cover indirect costs.
    ``(4) Authorization of appropriations.--There is authorized
    to be appropriated to carry out this subsection $40,000,000 for
    each of fiscal years 2011 through 2015.

    ``(k) Report.--Not later than 180 days after the date of enactment
    of this subsection, the Attorney General shall submit to Congress a
    report describing the extent and effectiveness of the Community Oriented
    Policing (COPS) initiative as applied in Indian country, including
    particular references to--

    [[Page 2294]]

    ``(1) the problem of intermittent funding;
    ``(2) the integration of COPS personnel with existing law
    enforcement authorities; and
    ``(3) an explanation of how the practice of community
    policing and the broken windows theory can most effectively be
    applied in remote tribal locations.''.
    SEC. 244. TRIBAL JAILS PROGRAM.

    (a) In General.--Section 20109 of the Violent Crime Control and Law
    Enforcement Act of 1994 (42 U.S.C. 13709) is amended by striking
    subsection (a) and inserting the following:
    ``(a) Reservation of Funds.--Notwithstanding any other provision of
    this part, of amounts made available to the Attorney General to carry
    out programs relating to offender incarceration, the Attorney General
    shall reserve $35,000,000 for each of fiscal years 2011 through 2015 to
    carry out this section.''.
    (b) Regional Detention Centers.--
    (1) In general.--Section 20109 of the Violent Crime Control
    and Law Enforcement Act of 1994 (42 U.S.C. 13709) is amended by
    striking subsection (b) and inserting the following:

    ``(b) Grants to Indian Tribes.--
    ``(1) In general.--From the amounts reserved under
    subsection (a), the Attorney General shall provide grants--
    ``(A) to Indian tribes for purposes of--
    ``(i) construction and maintenance of jails on
    Indian land for the incarceration of offenders
    subject to tribal jurisdiction;
    ``(ii) entering into contracts with private
    entities to increase the efficiency of the
    construction of tribal jails; and
    ``(iii) developing and implementing
    alternatives to incarceration in tribal jails;
    ``(B) to Indian tribes for the construction of
    tribal justice centers that combine tribal police,
    courts, and corrections services to address violations
    of tribal civil and criminal laws;
    ``(C) to consortia of Indian tribes for purposes of
    constructing and operating regional detention centers on
    Indian land for long-term incarceration of offenders
    subject to tribal jurisdiction, as the applicable
    consortium determines to be appropriate.
    ``(2) Priority of funding.--in providing grants under this
    subsection, the Attorney General shall take into consideration
    applicable--
    ``(A) reservation crime rates;
    ``(B) annual tribal court convictions; and
    ``(C) bed space needs.
    ``(3) Federal share.--Because of the Federal nature and
    responsibility for providing public safety on Indian land, the
    Federal share of the cost of any activity carried out using a
    grant under this subsection shall be 100 percent.''.
    (2) Conforming amendment.--Section 20109(c) of the Violent
    Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
    13709(c)) is amended by inserting ``or consortium of Indian
    tribes, as applicable,'' after ``Indian tribe''.

    [[Page 2295]]

    (3) Long-term plan.--Section 20109 of the Violent Crime
    Control and Law Enforcement Act of 1994 (42 U.S.C. 13709) is
    amended by adding at the end the following:

    ``(d) Long-term Plan.--Not <> later than 1 year
    after the date of enactment of this subsection, the Attorney General, in
    coordination with the Bureau of Indian Affairs and in consultation with
    tribal leaders, tribal law enforcement officers, and tribal corrections
    officials, shall submit to Congress a long-term plan to address
    incarceration in Indian country, including--
    ``(1) a description of proposed activities for--
    ``(A) construction, operation, and maintenance of
    juvenile (in accordance with section 4220(a)(3) of the
    Indian Alcohol and Substance Abuse Prevention and
    Treatment Act of 1986 (25 U.S.C. 2453(a)(3)) and adult
    detention facilities (including regional facilities) in
    Indian country;
    ``(B) contracting with State and local detention
    centers, on approval of the affected tribal governments;
    and
    ``(C) alternatives to incarceration, developed in
    cooperation with tribal court systems;
    ``(2) an assessment and consideration of the construction of
    Federal detention facilities in Indian country; and
    ``(3) any other alternatives as the Attorney General, in
    coordination with the Bureau of Indian Affairs and in
    consultation with Indian tribes, determines to be necessary.''.
    SEC. 245. TRIBAL PROBATION OFFICE LIAISON PROGRAM.

    Title II of the Indian Tribal Justice Technical and Legal Assistance
    Act of 2000 (25 U.S.C. 3681 et seq.) is amended by adding at the end the
    following:
    ``SEC. 203. <> ASSISTANT PROBATION OFFICERS.

    ``To the maximum extent practicable, the chief judge or chief
    probation or pretrial services officer of each judicial district, in
    coordination with the Office of Tribal Justice and the Office of Justice
    Services, shall--
    ``(1) appoint individuals residing in Indian country to
    serve as probation or pretrial services officers or assistants
    for purposes of monitoring and providing services to Federal
    prisoners residing in Indian country; and
    ``(2) provide substance abuse, mental health, and other
    related treatment services to offenders residing on Indian
    land.''.
    SEC. 246. TRIBAL YOUTH PROGRAM.

    (a) Incentive Grants for Local Delinquency Prevention Programs.--
    Section 504 of the Juvenile Justice and Delinquency Prevention Act of
    1974 (42 U.S.C. 5783) is amended--
    (1) in subsection (a), by inserting ``, or to federally
    recognized Indian tribe or consortia of federally recognized
    Indian tribes under subsection (d)'' after ``subsection (b)'';
    and
    (2) by adding at the end the following:

    ``(d) Grants for Tribal Delinquency Prevention and Response
    Programs.--
    ``(1) In general.--The Administrator shall make grants under
    this section, on a competitive basis, to eligible Indian tribes
    or consortia of Indian tribes, as described in paragraph (2)--
    ``(A) to support and enhance--

    [[Page 2296]]

    ``(i) tribal juvenile delinquency prevention
    services; and
    ``(ii) the ability of Indian tribes to respond
    to, and care for, juvenile offenders; and
    ``(B) to encourage accountability of Indian tribal
    governments with respect to preventing juvenile
    delinquency and responding to, and caring for, juvenile
    offenders.
    ``(2) Eligible indian tribes.--To be eligible to receive a
    grant under this subsection, an Indian tribe or consortium of
    Indian tribes shall submit to the Administrator an application
    in such form and containing such information as the
    Administrator may require.
    ``(3) Considerations.--In providing grants under this
    subsection, the Administrator shall take into consideration,
    with respect to the Indian tribe to be served, the--
    ``(A) juvenile crime rates;
    ``(B) dropout rates; and
    ``(C) number of at-risk youth.
    ``(4) Authorization of appropriations.--There is authorized
    to be appropriated $25,000,000 for each of fiscal years 2011
    through 2015.''.

    (b) Coordinating Council on Juvenile Justice and Delinquency
    Prevention.--Section 206(a)(2) of the Juvenile Justice and Delinquency
    Prevention Act of 1974 (42 U.S.C. 5616(a)(2)) is amended--
    (1) in subparagraph (A), by striking ``Nine'' and inserting
    ``Ten''; and
    (2) in subparagraph (B), by adding at the end the following:
    ``(iv) One member shall be appointed by the
    Chairman of the Committee on Indian Affairs of the
    Senate, in consultation with the Vice Chairman of
    that Committee and the Chairman and Ranking Member
    of the Committee on Natural Resources of the House
    of Representatives.''.
    SEC. 247. IMPROVING PUBLIC SAFETY PRESENCE IN RURAL ALASKA.

    (a) <>  Definitions.--In this section:
    (1) State.--
    (A) In general.--The term ``State'' means the State
    of Alaska.
    (B) Inclusion.--The term ``State'' includes any
    political subdivision of the State of Alaska.
    (2) Village public safety officer.--The term ``village
    public safety officer'' means an individual employed as a
    village public safety officer under the program established by
    the State pursuant to Alaska Statute 18.65.670.
    (3) Tribal organization.--The term ``tribal organization''
    has the meaning given that term in section 4 of the Indian Self-
    Determination and Educational Assistance Act (25 U.S.C.
    450b(l)).

    (b) <>  COPS Grants.--The State and any
    Indian tribe or tribal organization in the State that employs a village
    public safety officer shall be eligible to apply for a grant under
    section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968
    (42 U.S.C. 3796dd) (provided that only an Indian tribe or tribal
    organization may receive a grant under the tribal resources grant
    program

    [[Page 2297]]

    under subsection (j) of that section) on an equal basis with other
    eligible applicants for funding under that section.

    (c) <>  Staffing for Adequate Fire and
    Emergency Response Grants.--The State and any Indian tribe or tribal
    organization in the State that employs a village public safety officer
    shall be eligible to apply for a grant under the Staffing for Adequate
    Fire and Emergency Response program under section 34 of the Federal Fire
    Prevention and Control Act of 1974 (15 U.S.C. 2229a) on an equal basis
    with other eligible applicants for funding under that program.

    (d) <>  Training for Village Public
    Safety Officers and Tribal Law Enforcement Positions Funded Under COPS
    Program.--
    (1) In general.--Any village public safety officer or tribal
    law enforcement officer in the State shall be eligible to
    participate in any training program offered at the Indian Police
    Academy of the Federal Law Enforcement Training Center.
    (2) Funding.--Funding received pursuant to grants approved
    under section 1701 of the Omnibus Crime Control and Safe Streets
    Act of 1968 (42 U.S.C. 3796dd) may be used for training of
    officers at programs described in paragraph (1) or at a police
    academy in the State certified by the Alaska Police Standards
    Council.

    (e) Funds for Courts of Law Enforcement Officers.--Section 112(a) of
    the Consolidated Appropriations Act, 2004 (Public Law 108-199; 118 Stat.
    62) is amended--
    (1) <> by striking paragraph (1);
    (2) by redesignating subparagraphs (A) and (B) of paragraph
    (2) as paragraphs (1) and (2), respectively, and indenting
    appropriately; and
    (3) by redesignating clauses (i) through (iv) of paragraph
    (2) (as so redesignated) as subparagraphs (A) through (D),
    respectively, and indenting appropriately.

    Subtitle E--Indian Country Crime Data Collection and Information Sharing

    SEC. 251. TRACKING OF CRIMES COMMITTED IN INDIAN COUNTRY.

    (a) Gang Violence.--Section 1107 of the Violence Against Women and
    Department of Justice Reauthorization Act of 2005 (28 U.S.C. 534 note;
    Public Law 109-162) is amended--
    (1) in subsection (a)--
    (A) by redesignating paragraphs (8) through (12) as
    paragraphs (9) through (13), respectively;
    (B) by inserting after paragraph (7) the following:
    ``(8) the Office of Justice Services of the Bureau of Indian
    Affairs;'';
    (C) in paragraph (9) (as redesignated by
    subparagraph (A)), by striking ``State'' and inserting
    ``tribal, State,''; and
    (D) in paragraphs (10) through (12) (as redesignated
    by subparagraph (A)), by inserting ``tribal,'' before
    ``State,'' each place it appears; and
    (2) in subsection (b), by inserting ``tribal,'' before
    ``State,'' each place it appears.

    (b) Bureau of Justice Statistics.--Section 302 of the Omnibus Crime
    Control and Safe Streets Act of 1968 (42 U.S.C. 3732) is amended--

    [[Page 2298]]

    (1) in subsection (c)--
    (A) in each of paragraphs (3) through (6), by
    inserting ``tribal,'' after ``State,'' each place it
    appears;
    (B) in paragraph (7), by inserting ``and in Indian
    country'' after ``States'';
    (C) in paragraph (9), by striking ``Federal and
    State Governments'' and inserting ``Federal Government
    and State and tribal governments'';
    (D) in each of paragraphs (10) and (11), by
    inserting ``, tribal,'' after ``State'' each place it
    appears;
    (E) in paragraph (13), by inserting ``, Indian
    tribes,'' after ``States'';
    (F) in paragraph (17)--
    (i) by striking ``State and local'' and
    inserting ``State, tribal, and local''; and
    (ii) by striking ``State, and local'' and
    inserting ``State, tribal, and local'';
    (G) in paragraph (18), by striking ``State and
    local'' and inserting ``State, tribal, and local'';
    (H) in paragraph (19), by inserting ``and tribal''
    after ``State'' each place it appears;
    (I) in paragraph (20), by inserting ``, tribal,''
    after ``State''; and
    (J) in paragraph (22), by inserting ``, tribal,''
    after ``Federal'';
    (2) in subsection (d)--
    (A) by redesignating paragraphs (1) through (6) as
    subparagraphs (A) through (F), respectively, and
    indenting the subparagraphs appropriately;
    (B) by striking ``To insure'' and inserting the
    following:
    ``(1) In general.--To ensure''; and
    (C) by adding at the end the following:
    ``(2) Consultation with indian tribes.--The Director, acting
    jointly with the Assistant Secretary for Indian Affairs (acting
    through the Office of Justice Services) and the Director of the
    Federal Bureau of Investigation, shall work with Indian tribes
    and tribal law enforcement agencies to establish and implement
    such tribal data collection systems as the Director determines
    to be necessary to achieve the purposes of this section.'';
    (3) in subsection (e), by striking ``subsection (d)(3)'' and
    inserting ``subsection (d)(1)(C)'';
    (4) in subsection (f)--
    (A) in the subsection heading, by inserting ``,
    Tribal,'' after ``State''; and
    (B) by inserting ``, tribal,'' after ``State''; and
    (5) by adding at the end the following:

    ``(g) Reports.--Not later than 1 year after the date of enactment of
    this subsection, and annually thereafter, the Director shall submit to
    Congress a report describing the data collected and analyzed under this
    section relating to crimes in Indian country.''.
    (c) Effect of Grants.--Nothing in this section or any amendment made
    by this section--
    (1) <> allows the grant to be made
    to, or used by, an entity for law enforcement activities that
    the entity lacks jurisdiction to perform; or

    [[Page 2299]]

    (2) has any effect other than to authorize, award, or deny a
    grant of funds to a federally recognized Indian tribe for the
    purposes described in the relevant grant program.
    SEC. 252. CRIMINAL HISTORY RECORD IMPROVEMENT PROGRAM.

    (a) In General.--Section 1301(a) of the Omnibus Crime Control and
    Safe Streets Act of 1968 (42 U.S.C. 3796h(a)) is amended by inserting
    ``, tribal,'' after ``State''.
    (b) Effect <> of Grants.--Nothing in this
    section or any amendment made by this section--
    (1) allows the grant to be made to, or used by, an entity
    for law enforcement activities that the entity lacks
    jurisdiction to perform; or
    (2) has any effect other than to authorize, award, or deny a
    grant of funds to a federally recognized Indian tribe for the
    purposes described in the relevant grant program.

    Subtitle F--Domestic Violence and Sexual Assault Prosecution and
    Prevention

    SEC. 261. PRISONER RELEASE AND REENTRY.

    (a) Duties of Bureau of Prisons.--Section 4042 of title 18, United
    States Code, is amended--
    (1) in subsection (a)(4), by inserting ``, tribal,'' after
    ``State'';
    (2) in subsection (b)(1), in the first sentence, by striking
    ``officer of the State and of the local jurisdiction'' and
    inserting ``officers of each State, tribal, and local
    jurisdiction''; and
    (3) in subsection (c)(1)--
    (A) in subparagraph (A), by striking ``officer of
    the State and of the local jurisdiction'' and inserting
    ``officer of each State, tribal, and local
    jurisdiction''; and
    (B) in subparagraph (B), by inserting ``, tribal,''
    after ``State'' each place it appears.

    (b) Authority of Institute; Time; Records of Recipients; Access;
    Scope of Section.--Section 4352(a) of title 18, United States Code, is
    amended--
    (1) in paragraphs (1), (3), (4), and (8), by inserting
    ``tribal,'' after ``State,'' each place it appears;
    (2) in paragraph (6)--
    (A) by inserting ``and tribal communities,'' after
    ``States''; and
    (B) by inserting ``, tribal,'' after ``State''; and
    (3) in paragraph (12) by inserting ``, tribal,'' after
    ``State''.
    SEC. 262. DOMESTIC AND SEXUAL VIOLENCE OFFENSE TRAINING.

    Section 3(c)(9) of the Indian Law Enforcement Reform Act (25 U.S.C.
    2802(c)(9)) (as amended by section 211(a)(2)) is amended by inserting
    before the semicolon at the end the following: ``, including training to
    properly interview victims of domestic and sexual violence and to
    collect, preserve, and present evidence to Federal and tribal
    prosecutors to increase the conviction rate for domestic and sexual
    violence offenses for purposes of addressing and preventing domestic and
    sexual violent offenses''.

    [[Page 2300]]

    SEC. 263. TESTIMONY BY FEDERAL EMPLOYEES.

    The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et seq.) (as
    amended by section 235) is amended by adding at the end the following:
    ``SEC. 16. <> TESTIMONY BY FEDERAL EMPLOYEES.

    ``(a) Approval of Employee Testimony or Documents.--
    ``(1) In general.--The Director of the Office of Justice
    Services or the Director of the Indian Health Service, as
    appropriate (referred to in this section as the `Director
    concerned'), shall approve or disapprove, in writing, any
    request or subpoena from a tribal or State court for a law
    enforcement officer, sexual assault nurse examiner, or other
    employee under the supervision of the Director concerned to
    provide documents or testimony in a deposition, trial, or other
    similar criminal proceeding regarding information obtained in
    carrying out the official duties of the employee.
    ``(2) Deadline.--The court issuing a subpoena under
    paragraph (1) shall provide to the appropriate Federal employee
    (or agency in the case of a document request) notice regarding
    the request to provide testimony (or release a document) by not
    less than 30 days before the date on which the testimony will be
    provided.

    ``(b) Approval.--
    ``(1) In general.--The Director concerned shall approve a
    request or subpoena under subsection (a) if the request or
    subpoena does not violate the policy of the Department to
    maintain impartiality.
    ``(2) Failure to approve.--If the Director concerned fails
    to approve or disapprove a request or subpoena for testimony or
    release of a document by the date that is 30 days after the date
    of receipt of notice of the request or subpoena, the request or
    subpoena shall be considered to be approved for purposes of this
    section.''.
    SEC. 264. <> COORDINATION OF FEDERAL
    AGENCIES.

    Any report of the Secretary of Health and Human Services to Congress
    on the development of Indian victim services and victim advocate
    training programs shall include any recommendations that the Secretary
    determines to be necessary to prevent the sex trafficking of Indian
    women.
    SEC. 265. SEXUAL ASSAULT PROTOCOL.

    The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et seq.) (as
    amended by section 236) is amended by adding at the end the following:
    ``SEC. 17. <> POLICIES AND PROTOCOL.

    ``The Director of the Indian Health Service, in coordination with
    the Director of the Office of Justice Services and the Director of the
    Office on Violence Against Women of the Department of Justice, in
    consultation with Indian Tribes and Tribal Organizations, and in
    conference with Urban Indian Organizations, shall develop standardized
    sexual assault policies and protocol for the facilities of the Service,
    based on similar protocol that has been established by the Department of
    Justice.''.

    [[Page 2301]]

    SEC. 266. STUDY OF IHS SEXUAL ASSAULT AND DOMESTIC VIOLENCE
    RESPONSE CAPABILITIES.

    (a) Study.--The Comptroller General of the United States shall--
    (1) conduct a study of the capability of Indian Health
    Service facilities in remote Indian reservations and Alaska
    Native villages, including facilities operated pursuant to
    contracts or compacts under the Indian Self-Determination and
    Education Assistance Act (25 U.S.C. 450b et seq.), to collect,
    maintain, and secure evidence of sexual assaults and domestic
    violence incidents required for criminal prosecution; and
    (2) develop recommendations for improving those
    capabilities.

    (b) Report.--Not later than 1 year after the date of enactment of
    this Act, the Comptroller General shall submit to the Committee on
    Indian Affairs of the Senate and the Committee on Natural Resources of
    the House of Representatives a report describing the results of the
    study under subsection (a), including the recommendations developed
    under that subsection, if any.

    Approved July 29, 2010.

    LEGISLATIVE HISTORY--H.R. 725 (S. 151):
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 111-397, Pt. 1 (Comm. on Natural Resources).
    CONGRESSIONAL RECORD, Vol. 156 (2010):
    Jan. 19, considered and passed House.
    June 23, considered and passed Senate, amended.
    July 21, House concurred in Senate amendment.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2010):
    July 29, Presidential remarks.