```

[Senate Report 114-404]
[From the U.S. Government Publishing Office]

                                                      Calendar No. 726
114th Congress     }                                    {       Report
                                 SENATE
 2d Session        }                                    {      114-404

======================================================================
 
A BILL TO AMEND THE TRIBAL LAW AND ORDER ACT OF 2010 AND THE INDIAN LAW 
  ENFORCEMENT REFORM ACT TO PROVIDE FOR ADVANCEMENTS IN PUBLIC SAFETY 
         SERVICES TO INDIAN COMMUNITIES, AND FOR OTHER PURPOSES

                                _______
                                

                December 9, 2016.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 2920]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 2920) to amend the Tribal Law and Order Act of 2010 
and the Indian Law Enforcement Reform Act to provide for 
advancements in public safety services to Indian communities, 
and for other purposes, having considered the same, reports 
favorably thereon with an amendment (in the nature of a 
substitute), and recommends that the bill, as amended, do pass.

                                Purpose

    The Tribal Law and Order Act Reauthorization and Amendments 
Act of 2016, S. 2920, builds on the improvements to criminal 
justice systems serving Indian communities that were enacted in 
the Tribal Law and Order Act of 2010 (TLOA). It is also 
intended to provide additional tools to law enforcement 
officials to reduce crime, overcrowded jail conditions, and 
recidivism, and address justice for Indian youth. It seeks to 
clarify the responsibilities of federal, state, tribal, and 
local governments with respect to crimes committed in Indian 
Country. The bill extends authorization of the Tribal Law and 
Order Act of 2010 until 2021, while also improving justice for 
tribal youth. The bill, S. 2920, contains other provisions to 
develop justice within Indian Country.

                          Need for Legislation

    Based on testimony received at the Committee on Indian 
Affairs' hearings, roundtables, and meetings, since passage of 
the TLOA, crime rates have diminished, but the overall levels 
still remain high on some Indian reservations. Continued 
enhancements for public safety are necessary to provide 
additional tools to law enforcement officials, reduce crime and 
overcrowded jail conditions, reduce recidivism, and address 
justice for Indian youth.

                               Background

    The TLOA was introduced on April 2, 2009 in the 111th 
Congress. It was incorporated into the bill H.R. 725, the 
Indian Arts and Crafts Act Amendments (which had passed the 
House of Representatives on January 19, 2010 and was pending in 
the Senate). On June 23, 2010, H.R. 725, as amended, passed the 
Senate. The amended bill, H.R. 725 was passed by the House of 
Representatives on July 21, 2010 and became Public Law No. 111-
211 on July 29, 2010.
    This law is a comprehensive approach to improving the 
efficiency and effectiveness of criminal justice systems in 
Indian Country. It reflected the efforts of Congress and Indian 
tribes to develop legislation toward these goals.\1\
---------------------------------------------------------------------------
    \1\See also S. Rep. No. 111-93, at 4 (2009).
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    The purpose was to increase the capacity of tribal 
governments and their law enforcement agencies to better 
coordinate among Federal and state agencies and to better 
manage public safety concerns in Indian Country.
    The intent of the TLOA was aimed at reducing violent crime, 
combating sexual and domestic violence against American Indian 
and Alaska Native women, reducing drug trafficking, reducing 
rates of drug and alcohol addiction, and standardizing 
interagency sharing of information among Federal, state, and 
tribal stakeholders. It also encouraged the hiring, training, 
and support of more law enforcement officers, whether tribal or 
Federal, to assist in preventing and addressing unacceptably 
high rates of crimes in Indian communities.
    Since the enactment of TLOA, the Committee has held two 
hearings on the implementation of the TLOA.\2\ While some 
reductions in crimes have occurred, the levels still remain 
high as reflected in the following chart (based on information 
from the Department of Justice Bureau of Statistics.\3\
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    \2\Tribal Law and Order Act One Year Later: Have We Improved Public 
Safety and Justice Throughout Indian Country? Hearing Before the S. 
Comm. on Indian Affairs, 112th Cong. (2011). The Indian Law and Order 
Commission Report: A Roadmap for Making Native America Safer, Hearing 
Before the S. Comm. on Indian Affairs, 113th Cong. (2014).
    \3\Tribal Crime Data Collection Activities, 2012. Bureau of Justice 
Statistics, Department of Justice (2012), at 5. Tribal Crime Data 
Collection Activities, 2015. Bureau of Justice Statistics, Department 
of Justice (2015), at 8 and 12. The number of tribal law enforcement 
agencies reporting to the Uniform Crime Reporting Program in 2010 was 
143 and in 2013, the figure rose to 158. Steven Perry, Tribal Crime 
Data Collection Activities, 2015. Bureau of Justice Statistics, 
Department of Justice (2015), at 1.

------------------------------------------------------------------------
                                             2010 143        2013 158
                                              Tribes          Tribes
------------------------------------------------------------------------
Violent:\4\
Murder and non-negligent manslaughter...             133              79
Forcible Rape...........................             852             812
Robbery.................................             280             309
Aggravated Assault......................           4,267           4,200
Property:
Burglary................................           4,990           5,461
Larceny-theft...........................          10,495          14,643
Motor vehicle theft.....................           2,228           2,816
Arson...................................             818             801
------------------------------------------------------------------------

    The TLOA required the following key reports:
---------------------------------------------------------------------------
    \4\The U.S. Attorneys' Offices data for CY 2011 indicate that just 
under 37 percent (1,041) of all Indian Country submissions for 
prosecution (2,840) were declined by the U.S. Attorneys' Offices. U.S. 
Department of Justice Indian Country Investigations and Prosecutions, 
2011 2012. Department of Justice (2012), at 5. The data for CY 2013 
show that 34% (853) of all Indian Country submissions for prosecution 
(2,542) were declined for prosecution. According to the Federal Bureau 
of Investigation reports, all the cases that had been denied for 
prosecution were denied because no evidence could be found regarding 
foul play. U.S. Department of Justice Indian Country Investigations and 
Prosecutions, 2013. Department of Justice (2013) at 7.
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           Tribal Court Sentencing Guidelines and 
        Process, which was completed by the Bureau of Indian 
        Affairs (BIA) in 2011;
           Long Term Plan to Build and Enhance Tribal 
        Justice Systems from the Department of Justice (DOJ) 
        and the Department of the Interior, which was completed 
        in August, 2011;
           Tribal Prisoner Pilot Program Progress from 
        the DOJ, which was completed in 2014;
           Annual Crime Statistics Report by the Bureau 
        of Justice Statistics (BJS);
           Annual Report on the Bureau of Indian 
        Affairs Office of Justice Services spending and unmet 
        needs;
           Annual Indian Country Investigations and 
        Prosecutions reported by the United States Attorney 
        General; and
           The Indian Health Service capability to 
        collect and secure domestic and sexual assault 
        evidence, which was completed by the Government 
        Accountability Office in 2012.

Tribal Law and Order Act: Long Term Plan to Build and Enhance Tribal 
        Justice Systems

    The report for the Tribal Law and Order Act: Long Term Plan 
to Build and Enhance Tribal Justice Systems was intended to 
provide information on alternatives to incarceration for jails 
and other public safety buildings. The major focus was to 
critically assess and improve tribal public safety 
infrastructure and institutional methods to develop 
alternatives to incarceration.
    From this report, both the Departments of Justice and the 
Bureau of Indian Affairs have engaged in additional actions or 
studies regarding incarceration and alternatives. For example, 
the Bureau of Justice Assistance (BJA) completed a study of 
strategies to validate an offender risk assessment tool called 
Level of Service Inventory-Revised (LSI-R) for use in tribal 
justice systems.\5\
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    \5\An LSI-R identifies problem areas in an offender's life and 
predicts his or her risk of recidivism. Evidence-based practices to 
reduce recidivism stress the importance of assessing the individual on 
risk, needs, and responsivity of the offender to rehabilitation 
practices, as a result the LSI-R for Tribal justice systems was a basic 
step to enhance tribal justice systems. Crime and Justice Institute, 
Implementing Evidence-Based Practice in Community Corrections: The 
Principles of Effective Intervention. Boston, MA: Crime and Justice 
Institute and U.S. Department of Justice (2004).
---------------------------------------------------------------------------
    Tribal leaders have encouraged establishing culturally 
sensitive alternatives to incarceration. These types of 
alternatives would allow offenders to remain close to their 
Native communities and focus on treating the root cause of 
criminal behavior with an emphasis on rehabilitation rather 
than retribution. As a result, tribes may now use the 
Department of Justice funding for electronic alcohol/offender 
monitoring devices and related equipment as an alternative to 
incarceration. The Department of Justice has also provided 
training and capacity building for tribes to implement and 
develop these intervention efforts.\6\
---------------------------------------------------------------------------
    \6\https://www.bja.gov/Publications/TLOA-TJP-Webinar-Summary.pdf, 2 
(last reviewed December, 2016).
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    The Committee recognized in the TLOA and in S. 2920 that 
these alternatives must be combined with active prevention 
efforts to begin addressing the crime rates in Indian 
communities. To that end, various approaches are being 
undertaken to reduce recidivism and encouraged in the bill. For 
example, one such approach is based on early crime prevention 
efforts through school and summer programs for Native youth and 
data-driven research on key trends in tribal jail populations. 
While these types of programs hold promise, the continuing 
efforts need to be assessed for long-term benefits.

U.S. Department of Justice: Indian Country Investigations and 
        Prosecutions--2014

    Section 212(B) of the Tribal Law and Order Act of 2010 
(TLOA) requires the Federal Bureau of Investigation (FBI) and 
the Attorney General to submit an annual report to Congress on 
investigations and prosecutions that were terminated or 
declined in Indian Country. The latest report from 2014 
outlines the following information: types of crimes alleged; 
status of accused as Indian or non-Indian; status of victim as 
Indian or non-Indian; reason for deciding against referring the 
investigation for prosecution by the FBI or the reason for 
deciding to decline or terminate the prosecution.
    In FY 2014, the FBI closed 2,064 Indian Country cases--a 
margin increase of 7 cases from FY 2013.\7\ The most common 
reason noted for case closure was that the investigation 
concluded no Federal crime had occurred. Most notably, the 
report also highlighted the difficulties in prosecuting sex 
crimes in Indian Country.\8\
---------------------------------------------------------------------------
    \7\U.S. Department of Justice Indian Country Investigations and 
Prosecutions, 2013. Department of Justice (2013) at 11.
    \8\These problems stem from several challenges: long distances and 
economic burdens in travelling to medical facilities for forensic 
evidence capture as well as cultural barriers to corroborating physical 
evidence. U.S. Department of Justice Indian Country Investigations and 
Prosecutions, 2014. Department of Justice (2014) at 36.
---------------------------------------------------------------------------
    The FBI does not solicit or integrate information from the 
Bureau of Indian Affairs or tribal governments for this report. 
As a result, the total numbers in the report would not include 
many of the misdemeanor crimes still occurring in Indian 
Country\9\ and impacting recidivism which still remains high in 
Indian communities.\10\
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    \9\Id., at 11.
    \10\Id., at 2.
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Tribal Law and Order Act Report on Enhanced Tribal-Court Sentencing 
        Authority

    Section 234(B) of the TLOA requires the Attorney General 
and the Secretary of the Interior, no later than 4 years, to 
submit a report to Congress on the effectiveness of enhanced 
tribal court sentencing authority in curtailing violence and 
improving the administration of justice on Indian lands. In 
addition, the report is to include further guidance on the 
enhanced authority at the levels provided by TLOA.\11\
---------------------------------------------------------------------------
    \11\Tribal Law and Order Act Report on Enhanced Tribal-Court 
Sentencing Authority, Department of Justice, at 6.
---------------------------------------------------------------------------
    As of January 2015, only nine tribes are exercising the 
enhanced sentencing provisions of TLOA.\12\ However, several 
others were in the process of gaining enhanced sentencing 
authority.
---------------------------------------------------------------------------
    \12\Christian Folsom-Smith, Enhanced Sentencing in Tribal Courts, 
The National Tribal Justice Center, (2015) at 8.
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Tribal Prisoner Pilot Program

    From November, 2010 to November, 2014, the Bureau of 
Prisons (BOP) received requests for six tribal inmates from 
three Indian nations to participate in the prisoner pilot 
program under TLOA. In this pilot program, Indian prisoners 
sentenced by tribal courts for violent offenses may be accepted 
by and housed within the BOP facilities. According to the BOP, 
all six offenders were accepted and transferred to appropriate 
Federal facilities.
    The information in the report indicated that an extension 
of this program would continue to assist in reducing 
overcrowding within tribal jails. However, an assessment of the 
services available to those prisoners and the effectiveness of 
those services are needed as part of any program extension.

U.S. Department of Justice: Tribal Crime Data Collection Activities, 
        2015

    Section 251(g) of the TLOA requires the Bureau of Justice 
Services (BJS) to annually report on data collected relating to 
crimes in Indian Country and to support tribal participation in 
national records and information systems as described in the 
TLOA. The ability to access and comprehend data of tribal 
crimes has advanced as more tribal law enforcement agencies 
have participated in the FBI's Uniform Crime Reporting 
Program--increasing from only 12 tribes in 2008 to 158 in 2014.
    The report indicated a 3.3 percent decrease in total 
inmates in Indian Country jails from 2012 to 2013 midyear 
totals. The number of jails or detention centers being utilized 
in Indian Country has increased by 16 percent, from 68 
facilities in 2004 to 79 in 2014.\13\
---------------------------------------------------------------------------
    \13\Steven W. Perry, Tribal Crime Collection, Bureau of Justice 
Statistics, Department of Justice (2015) at 4.
---------------------------------------------------------------------------
    Within other state and local jails, over the same period, 
there were about 10,400 American Indian and Alaska Native 
inmates--1.4% of total inmate jail populations. Most American 
Indian and Alaska Native inmates were located in the western 
states.
    The BIA and the Department of Justice have provided 
training to and improved the data collection and sharing 
systems for tribal justice officials.\14\ Preliminary 
information from Indian tribes and the agencies indicate that 
these improved systems appear to hold promising benefits for 
public safety. The bill, S. 2920, provides for improving the 
data collection and sharing systems.
---------------------------------------------------------------------------
    \14\The Department of Justice established the tribal access to 
criminal databases on a pilot basis. See http://www.justice.gov/tribal/
tribal-access-program-tap (last reviewed December 1, 2015). The 
Department Budget Request for FY 2016 had proposed changes to the 
Working Capital Fund in its Justice Management Division to allow tribes 
to reimburse the fund for expenses related to law enforcement 
databases.
---------------------------------------------------------------------------

Indian Health Service: Continued efforts needed to help strengthen 
        response to sexual assaults and domestic violence

    Section 266(b) of the TLOA requires, no later than one year 
after enactment of the Act, the Comptroller General report to 
the Committee on Indian Affairs of the Senate and the Committee 
on Natural Resources of the House of Representatives on certain 
capabilities of the Indian Health Service. This report would 
describe the results from the study of Indian Health Service's 
(IHS) capabilities for post-exams and collections in remote 
Indian reservations and Alaska Native villages concerning 
sexual assaults and domestic violence incidence for criminal 
prosecution.
    The report concluded that the ability of IHS hospitals to 
collect and preserve medical forensic evidence in cases of 
sexual assault and domestic violence from patients varies from 
hospital to hospital. Of the 45 hospitals in the IHS network, 
26 reported they are able to perform medical forensic exams on 
site for victims of sexual assault, and the remaining 19 
hospitals choose to refer sexual assault victims to other 
facilities.\15\
---------------------------------------------------------------------------
    \15\U.S. Gov't Accountability Office, GAO-12-29, Indian Health 
Service: Continued Efforts Needed to Help Strengthen Response to Sexual 
Assaults and Domestic Violence 2 (2011).
---------------------------------------------------------------------------
    Before March 2011, the IHS did not have an agency wide 
standardized plan on how to issue these services. Purportedly, 
the agency is now making progress to improve their capacity for 
these services by completing a network wide standard. According 
to the IHS, systemic issues such as funding for appropriate 
training and equipment, distances to rural communities on 
reservations, staff burnout, and high turnover are challenges 
to the long term viability of this type of care in many 
hospitals.
    In addition, the GAO report highlighted the inability of 
IHS to keep records on the frequency of forensic exams and how 
many staffers within the agency have the appropriate training 
or certification. The GAO further found that ``the March 2011 
sexual assault policy does not address how its hospitals should 
respond in cases of discrete domestic violence without a sexual 
component or in cases of child sexual abuse.''\16\
---------------------------------------------------------------------------
    \16\Id. at 47.
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Community Oriented Policing Services grants

    Other reports regarding public safety in Indian Country 
have provided additional information for consideration in the 
development of S. 2920. For example, Section 243 of the TLOA 
requires the Attorney General to provide a report to Congress 
describing the extent and effectiveness of the Community 
Oriented Policing Services (COPS) grants in Indian communities. 
The COPS grants in Indian Country focus primarily on activities 
for combating drugs, offering support to mental health, and 
increasing the capacity of the tribal justice system overall. 
The report provides data on grant programs that assist Indian 
tribes through grant programs, training, and technical 
assistance.
    From 1994 to 2009, COPS grants were awarded to over 2,000 
tribal grant recipients of Indian tribes and tribal 
organizations totaling more than $400 million. In FY 2010, the 
last year data is available in the report, $48.6 million in 
grants were awarded to 141 entities. However, the majority of 
FY 2010 funds were used for non-officer related expenditures 
since only 23 officers were funded through COPS.
    The purposes of the grants continue to serve much needed 
areas of public safety such as combatting drug abuse. Better 
data systems, developed in part by the provisions relating to 
data collection and sharing system improvements in S. 2920, 
would be useful in evaluating the effectiveness of these 
grants.

Indian Law and Order Commission

    The Indian Law and Order Commission was authorized by the 
TLOA in 2010. The Commission began its work in late Summer, 
2011 and issued its final report entitled ``A Roadmap for 
Making Native America Safer'' on November 12, 2013.
    The Commission was required to examine--
           Jurisdiction;
           Tribal and Federal incarceration systems;
           Tribal and Federal juvenile justice systems;
           The impact of the Indian Civil Rights Act of 
        1968; and
           Other subjects relevant to achieving the 
        purposes of the TLOA.
    The Commission was required to develop recommendations on 
necessary modifications and improvements to justice systems at 
the tribal, Federal, and state levels to--
           Simplify jurisdiction in Indian Country;
           Improve juvenile justice services and 
        programs;
           Adjust tribal penal authority, including 
        detention alternatives;
           Enhance the use of Federal magistrates in 
        Indian Country;
           Change the tribal and Federal detention 
        systems;
           Address other issues that would reduce crime 
        in Indian Country.
    Most disturbing about this report is the Commission's 
findings that Native American youth are overrepresented in both 
Federal and state juvenile justice systems and receive harsher 
sentences. The Commission reported that, in the Federal system, 
there is no special juvenile division, i.e., no special 
juvenile court judges, probation system, and no juvenile 
detention, diversion, or rehabilitation facilities. Generally, 
there is no requirement that an incarcerated Indian child's 
tribe be contacted for services or any other reason.
    The Commission recommended that tribes be allowed to opt-
out of the Federal juvenile justice system or have a right to 
consent before the U.S. Attorney files charges against an 
Indian child. The Commission recommended that the funding 
structures for Native youth be reorganized to a block grant, 
rather than burdensome grant programs.
    The Commission recommended that Federal and state systems 
maintain proper records of tribal youth in their custody and a 
single Federal agency should coordinate data, needs, and make 
recommendations for Native youth. The Commission also 
recommended better cooperation between the governments and 
within the governments on the care and services for the Native 
youth in the juvenile justice systems.

              The Tribal Law and Order Reauthorization Act

    To continue the public safety improvements facilitated by 
the TLOA, Senator Barrasso and Senator McCain, introduced S. 
2920, Tribal Law and Order Reauthorization and Amendments Act 
of 2016 on May 11, 2016. The bill aims to reauthorize the 
provisions within TLOA from FY 2017 to FY 2021 and to secure 
improvements related to interagency coordination and 
information sharing. It requires additional measures for timely 
reporting by the BIA, the DOJ, and the DOI concerning the 
reports outlined in TLOA.

Principles

    The bill, S. 2920, is built upon the fundamental principles 
of reducing recidivism and improving justice for Indian youth, 
among others. In 2014, according to the Department of Justice, 
the expected average length of stay in an Indian Country jail 
was about six days. However, these jails are primarily designed 
for short term stays and many do not provide treatment 
services. If successful, preventing recidivism in a Native 
community can reduce a host of costs (financial and otherwise) 
as well as federal and tribal transportation costs. Cost 
reduction is only one benefit of reducing recidivism.
    In nearly every Committee hearing on public safety-related 
matters, the Committee received testimony that drug and alcohol 
abuse were contributing factors in most nearly every crime 
committed in Indian communities. Clearly, reducing recidivism 
would require significant efforts in addressing drug and 
alcohol abuse. To that end, S. 2920 is intended to require more 
efforts, coordination, and participation from the Department of 
Health and Human Services' agencies in addressing such 
substance abuse and recidivism.\17\
---------------------------------------------------------------------------
    \17\This requirement is consistent with the recommendations that 
were highlighted in testimony before the Committee during the hearing 
on juvenile justice. See Juvenile Justice in Indian Country: Challenges 
and Promising Strategies, Hearing Before the S.Comm. on Ind. Affairs, 
114th Cong. (2015).
---------------------------------------------------------------------------

Improving justice for Indian youth

    The TLOA contained important requirements to improve 
justice for Indian youth such as the development of a long-term 
plan for the construction, renovation, and operation of Indian 
juvenile detention and treatment centers and alternatives to 
detention for juvenile offenders and the expansion of certain 
grant funding to be used for Indian youth judicial-related 
services including public defenders, appointed defense counsel, 
guardians ad litem, and court-appointed advocates for 
juveniles.
    On July 15, 2015, the Committee held a hearing on Juvenile 
Justice in Indian Country: Challenges and Promising Strategies. 
This hearing highlighted several recommendations for improving 
justice for Indian youth.
    The Commission report and the Attorney General's Advisory 
Committee on American Indian/Alaska Native Children Exposed to 
Violence report both found that Indian children are exposed to 
higher rates of violence than other children.\18\ The 
unacceptably disproportionate rate of incarceration of Indian 
youth is compounded by this disturbing finding. These 
particular children are exposed to trauma after trauma, 
seemingly without appropriate intervention or services.
---------------------------------------------------------------------------
    \18\See Attorney General's Advisory Committee on American Indian/
Alaska Native Children Exposed to Violence: Ending Violence So Children 
Can Thrive, Department of Justice (2014); See also Addie Rolnick, 
Untangling the Web: Juvenile Justice in Indian Country (2016). 19 
N.Y.U. J. Legis. & Pub. Pol'y 49, (2016), http://ssrn.com/
abstract=2779767.
---------------------------------------------------------------------------
    Building upon the requirements in TLOA and the 
recommendations of the two reports and hearing, S. 2920 
provides for extensive enhancements to the Juvenile Justice and 
Delinquency Prevention Act of 1974 and other laws which involve 
Indian juveniles. These provisions are based upon tribal 
recommendations which were proposed in 2008 when the Juvenile 
Justice and Delinquency Prevention Act of 1974 was being 
considered for reauthorization.
    For example, S. 2920 would amend the Juvenile Justice and 
Delinquency Prevention Act of 1974 to include an Indian 
representative on state advisory groups which address juvenile 
justice policy and requires in state plans for funding that 
notice be provided to Indian tribes when one of their tribal 
member juveniles comes in contact with the juvenile justice 
system of the state or local unit of government.
    This bill would also require more robust consultation by 
the Administrator of the Office of Juvenile Justice and 
Delinquency Prevention. Moreover, the bill would also require 
the Administrator include in his report to Congress the 
recommendations from the Coordinating Council on Juvenile 
Justice and Delinquency Prevention regarding improving service 
delivery to Indian communities.
    The TLOA required that an Indian representative be 
appointed to the Council. In 2016, that representative, the 
Honorable William A. Thorne, a member of the Federated Indians 
of Graton Rancheria, distinguished jurist, and expert on Indian 
children's issues, was appointed by the Chairman of the 
Committee on Indian Affairs, in consultation with the Vice 
Chairman of the Committee on Indian Affairs of the Senate, and 
the Chairman and Ranking Member of the Natural Resources of the 
House of Representatives. It stands to reason that the 
recommendations from the Council be included in the report.

                          Legislative History

    During the 114th Congress, the Committee held an oversight 
hearing on the TLOA on December 2, 2015, and a roundtable on 
the TLOA on February 25, 2016. On May 11, 2016, Chairman 
Barrasso, along with Senator McCain, introduced S. 2920, the 
Tribal Law and Order Reauthorization and Amendments Act of 
2016.
    The Committee held a legislative hearing on S. 2920 on May 
18, 2016, at which the Director of the Bureau of Indian 
Affairs, Mr. Michael S. Black, testified in support of the bill 
with recommendations for modifying the bill. The Director of 
the Office of Tribal Justice, Mr. Tracy Toulou, testified on 
behalf of the U.S. Department of Justice in support of the 
goals of the bill, and recommended some changes throughout the 
bill.
    On June 22, 2016, the Committee held a duly called business 
meeting to consider S. 2920. One substitute amendment was 
offered by Chairman Barrasso to address the recommendations 
from the Departments of Justice and Interior, the Federal 
Defenders Organization, tribal organizations, and Indian 
tribes. The substitute amendment was adopted by a voice vote.
    An additional amendment was offered by Senator McCain to 
add an assessment of unmet staffing needs for health care, 
behavioral health, and tele-health needs at tribal jails to the 
BIA annual unmet needs and spending report. This amendment was 
also adopted by a voice vote. The Committee then ordered the 
bill, as amended, to be reported favorably to the Senate by a 
voice vote.

        Section-by-Section Analysis of Bill as Ordered Reported

Section 1--Short title

    The short title is the ``Tribal Law and Order Act 
Reauthorization and Amendments Act of 2016.''

Section 2--Findings

    This section contains several findings including that:
       The Tribal Law and Order Act of 2010 was enacted 
to address accountability and enhance law enforcement responses 
in Indian community.
       Drug and Alcohol abuse is a key contributing 
factor to violence and crime in Indian Country and substance 
abuse prevention and treatment would help reduce recidivism 
rates in Indian Country.
       Crimes rates on some reservations have risen and 
jails continue to operate in overcrowded conditions.
       The Indian Law and Order Commission found that 
American Indian and Alaska Native youth are incarcerated in the 
Federal and state systems at rates higher than other juveniles 
and there is a lack of services and coordination among agencies 
regarding juvenile justice for Indian youth.

                     TITLE I--TRIBAL LAW AND ORDER

Section 101--Bureau of Indian Affairs law enforcement

    This section adds additional requirements for the annual 
Bureau of Indian Affairs unmet needs and spending report. This 
section also withholds funding if the Secretary fails to submit 
the required annual unmet needs and spending report with some 
qualifications. This section also authorizes the Secretary to 
establish applicable rental rates for quarters and facilities 
for employees of the Office of Justice Services.

Section 4b--Integration and coordination of programs

    This subsection requires, not later than one year after 
enactment, the Attorney General and the Secretaries of the 
Interior and the Department of Health and Human Services to 
consult with tribes regarding the feasibility of integrating 
and consolidating Federal law enforcement, substance abuse, and 
mental health programs for which tribes may be eligible, 
similarly to the integrated job-training and related programs 
under Public Law No. 102-477.
    This section requires improving interagency cooperation, by 
requiring the Attorney General to evaluate and report to the 
respective Congress on Department of Justice programs for 
current requirements encouraging intergovernmental cooperation, 
the benefits and barriers to intergovernmental cooperation, and 
recommendations for incentivizing such cooperation.

Section 103--Data sharing with Indian tribes

    This section amends 28 U.S.C. 534 to require the Attorney 
General to share a report with an Indian tribe with 
jurisdiction that is created from the analysis of information 
submitted to the Federal criminal information database. It also 
authorizes the Attorney General to use unobligated funds for a 
tribal data access program.
    This section also directs the Attorney General to consult 
with Indian tribes regarding the required Annual Declination 
Reports to improve data collection, the information reporting 
process, and information sharing.
    The Attorney General is also required to ensure technical 
assistance and training is provided to Indian law enforcement 
so they can access the national crime databases. This provision 
transfers the responsibility from the BIA to the DOJ. The 
Federal Bureau of Investigation is required to coordinate with 
the BIA to ensure tribes have the appropriate credentials (an 
ORI identification number) to be able to input their data into 
the national crime databases.

Section 104--Judicial administration in Indian country

    This section directs the Director of the Bureau of Prisons 
to maintain the pilot program allowing certain tribally-
convicted persons to serve their time in Federal prisons 
established by the Tribal Law and Order Act of 2010. The pilot 
program would be extended for seven years after the date of 
enactment of this Act.
    This section also requires consultation with Indian tribes 
by the Bureau of Indian Affairs, Indian Health Service, and the 
Substance Abuse and Mental Health Services Administration 
regarding Indian juvenile justice and incarceration.

Section 105--Federal notice

    This section requires the appropriate United States 
Attorney's Office to give notice of the conviction, and other 
pertinent information, of an enrolled member of a federally 
recognized Indian tribe convicted in the respective Federal 
District court to the Indian tribe (or appropriate tribal 
justice official).

Section 106--Detention facilities

    This section amends 25 U.S.C. 2802 and 3613 to allow an 
Indian tribe with an Indian Self-Determination and Education 
Assistance Act contract or compact to use its available 
detention funding to provide for alternatives to detention as 
agreed upon with the Secretary of the Interior, acting through 
the Office of Justice Services.
    This section also reauthorizes funds for the Secretary of 
the Interior and the Attorney General to construct and staff 
juvenile detention centers and for the Attorney General to 
carry out programs for incarceration on Indian lands.

Section 107--Reauthorization for tribal courts training

    This section reauthorizes funds for Indian tribal justice 
technical and legal assistance training, technical assistance, 
and civil and criminal legal assistance grants from Fiscal Year 
2017 to Fiscal Year 2021.

Section 108--Amendments to the Indian Civil Rights Act

    This section amends the Indian Civil Rights Act to 
establish the requirement for jury trials in an Indian tribal 
court for offenses punishable for at least six months or more.

Section 109--Public defenders

    Similarly to the tribal liaison and Special Assistant U.S. 
Attorney provisions for U.S. Attorneys' Offices established in 
the Tribal Law and Order Act of 2010, this section requires 
that at least one Assistant Federal Public Defender serve as a 
tribal liaison for Federal Public Defender Offices located in a 
district that includes Indian Country. It provides a Sense of 
Congress that the tribal liaison to consult with tribal justice 
officials from each affected Indian tribe.
    The tribal liaisons will communicate with tribal leaders 
and tribal communities and provide technical assistance and 
trainings regarding criminal defense, techniques, strategies, 
forensics, and reentry programs. The Sense of Congress is that 
the tribal liaison's program will be part of the Federal 
Defender's staff and that the Director of Administrative Office 
of the United States Courts and the Attorney General ensures 
that Indian Country has sufficient resources for adequate 
representation.

Section 110--Trespass on Indian lands

    This section establishes penalties for repeated violations 
of certain trespass offenses on Indian lands. It further 
establishes a new Federal offense for violating an exclusion 
order issued by a tribal court.

Section 111--Resources for public safety in Indian country

    This section maintains the Shadow Wolves drug trafficking 
prevention program within the Bureau of Immigration and Customs 
Enforcement and authorizes the Commissioner of U.S. Customs and 
Border Protection to transfer funds to the Director of the 
Bureau of Indian Affairs for road maintenance and repair under 
the Director's jurisdiction. This section also reauthorizes 
funds for international illegal narcotics trafficking 
eradication on certain Indian reservations from Fiscal Year 
2017 to Fiscal Year 2021.

Section 112--Substance abuse prevention tribal action plans

    This section amends the Indian Alcohol and Substance Abuse 
and Prevention and Treatment Act of 1986 to add the Secretary 
of the Department of Agriculture and the Secretary of the 
Department of Housing and Urban Development to the current 
inter-departmental agencies required to enter the Memorandum of 
Agreement for substance abuse prevention and reauthorizes funds 
for the tribal action plans.

Section 113--Office of Justice Services spending report

    This section includes an assessment of unmet staffing needs 
for health care, behavioral health, and tele-health needs at 
tribal jails to the needs report for tribal and Bureau of 
Indian Affairs justice agencies that is submitted to 
appropriate committees of Congress at each fiscal year.

                  TITLE III--JUSTICE FOR INDIAN YOUTH

Section 201--Federal jurisdiction over Indian juveniles

    This section amends 18 U.S.C. 5032 to allow the Attorney 
General to defer to tribal jurisdiction over an Indian juvenile 
before proceeding with the matter in Federal court. It is 
similar to the deferral to state courts in current law.

Section 202--Reauthorization of tribal youth programs

    This section reauthorizes funds for programs for Bureau of 
Indian Education and tribal schools, emergency shelters for 
Indian youth from Fiscal Year 2017 to Fiscal Year 2021.

Section 203--Justice for Indian youth

    This section amends the Juvenile Justice and Delinquency 
Prevention Act to include Indian tribes in its purpose. It 
directs the Administrator of the Office of Juvenile Justice and 
Delinquency Prevention to consult with Indian tribes bi-
annually on strengthening the government-to-government 
relationship, improving juvenile delinquency programs, 
improving services, improving coordination among Federal 
agencies to reduce juvenile offenses, delinquency, and 
recidivism, developing cultural and evidence based programs, 
and other matters for Indian youth.
    This section adds the Director of the Indian Health Service 
and the Assistant Secretary for Indian Affairs to the 
Coordinating Council on Juvenile Justice and Delinquency 
Prevention.
    This section requires the Administrator of the Office of 
Juvenile Justice and Delinquency Prevention to include in the 
annual report information regarding whether the offenses 
occurred in Indian Country, the tribal membership or 
affiliation of the juvenile, a description of the types of 
funding provided to tribes, and recommendations from the 
Coordinating Council on Juvenile Justice and Delinquency 
Prevention.
    This section requires, as part of its plan, states to 
include an Indian tribal representative(s) in the state 
advisory groups and requires states to provide notice to an 
Indian tribe when a tribal member juvenile comes in contact 
with the state juvenile justice system. It also authorizes, as 
part of the state plans submitted to receive funding, the 
tribal cultural or traditional programs designed to reduce 
delinquency. It also authorizes grants to be used to establish 
partnerships with Bureau of Indian Education or tribal schools.
    This section includes tribal needs as part of the survey of 
state and local needs submitted to the Administrator. It 
includes tribal communities in the research on the frequency, 
seriousness, and incidence of drug use by youth in state 
schools and communities. It also includes tribes in the 
research on the barriers faced by states in providing services 
to juveniles.
    This section reauthorizes the Tribal Law and Order Act 
provisions which authorized funding for tribal juvenile justice 
grants.

Section 204--GAO report on justice for juveniles

    This section directs the Comptroller General to conduct a 
baseline study on Indian youth involved in juvenile justice 
systems, facilities holding Indian youth, Federal agency 
coordination, existing programs, the barriers to providing 
services. This section directs the Comptroller General to 
submit the findings and recommendations to Congress not later 
than 18 months after the date of enactment of this Act.

                        Executive Communications

    The Committee has received no communications from the 
Executive Branch regarding S. 2920.

               Regulatory and Paperwork Impact Statement

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires each report accompanying a bill to evaluate the 
regulatory and paperwork impact that would be incurred in 
carrying out the bill. The Committee believes that S. 2920 will 
have a minimal impact on regulatory or paperwork requirements.

                   Cost and Budgetary Considerations

    Summary: S. 2920 would amend the Tribal Law and Order Act 
of 2010 and the Indian Law Enforcement Reform Act. It would 
establish and reauthorize various programs and offices within 
the Bureau of Indian Affairs (BIA), the Department of Justice 
(DOJ), and the Judiciary concerning public safety services to 
Indian communities.
    CBO estimates that implementing S. 2920 would cost $865 
million over the 2017-2021 period, assuming appropriation of 
the authorized and necessary amounts. Enacting the bill could 
affect direct spending and revenues; therefore, pay-as-you-go 
procedures apply. However, CBO estimates that any such effects 
would be insignificant.
    CBO estimates that enacting the legislation would not 
increase net direct spending or on-budget deficits in any of 
the four consecutive 10-year periods beginning in 2027. S. 2920 
contains no intergovernmental or private sector mandates as 
defined in the Unfunded Mandates Reform Act (UMRA) and would 
provide a number of benefits to Indian tribes. Any costs to 
tribal governments would result from complying with conditions 
of federal assistance.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 2920 is shown in the following table. 
The costs of this legislation fall within budget functions 750 
(administration of justice) and 450 (community and regional 
development).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2017     2018     2019     2020     2021   2017-2021
----------------------------------------------------------------------------------------------------------------
                                 INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Indian Law Enforcement, Courts, and Detention
 Facilities:
    Estimated Authorization Level.......................      165      165      165      165      165       825
    Estimated Outlays...................................       71      114      137      151      164       637
Alcohol and Drug Abuse and Juvenile Delinquency
 Prevention:
    Estimated Authorization Level.......................       60       53       53       53       53       272
    Estimated Outlays...................................       26       35       42       49       53       205
Other Programs:
    Estimated Authorization Level.......................        6        5        4        4        4        23
    Estimated Outlays...................................        6        5        4        4        4        23
    Total Costs:
        Estimated Authorization Level...................      231      223      222      222      222     1,120
        Estimated Outlays...............................      103      154      183      204      221       865
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
2920 will be enacted near the start of fiscal year 2017. 
Estimated outlays are based on information from BIA, DOJ, the 
Administrative Office of the United States Courts (AOUSC), and 
historical spending patterns for similar programs.
    S. 2920 would specifically authorize the appropriation of 
about $1.0 billion over the 2017-2021 period for BIA and DOJ to 
carry out the bill's provisions. In addition, based on an 
analysis of information from BIA, DOJ, and the AOUSC, CBO 
estimates that appropriations totaling about $0.1 billion over 
the five-year period also would be necessary to carry out those 
purposes.

Indian law enforcement, courts, and detention facilities

    CBO estimates that implementing the provisions of S. 2920 
that would authorize funding for Indian law enforcement, 
courts, and detention facilities would cost $637 million over 
the 2017-2021 period, assuming appropriation of the authorized 
and estimated amounts.
          Over the five-year period the bill would authorize 
        the annual appropriation of:
           $40 million for DOJ to make grants to Indian 
        tribes to hire, train, and properly equip law 
        enforcement officers;
           $17 million for BIA to construct, renovate, 
        and staff new or existing juvenile detention centers;
           $35 million for DOJ to make grants to Indian 
        tribes for the construction and maintenance of 
        detention facilities and tribal justice centers;
           $8 million for BIA to operate the Office of 
        Tribal Justice Support; and
           $50 million for BIA to financially aid 
        tribal justice systems.
    S. 2920 also would authorize the appropriation of such sums 
that are necessary over the 2017-2021 period for two DOJ grant 
programs to improve tribal courts and to provide technical and 
legal assistance to tribes. In 2016, about $14 million was 
appropriated for those programs. CBO estimates that continuing 
those programs over the 2017-2021 period would require 
appropriations totaling $75 million.

Alcohol and drug abuse and juvenile delinquency prevention

    Assuming appropriation of the authorized and estimated 
amounts, CBO estimates that implementing the provisions of S. 
2920 concerning programs to reduce alcohol and drug abuse and 
juvenile delinquency on tribal lands would cost $205 million 
over the 2017-2021 period.
    S. 2920 would authorize the appropriation of $255 million 
over the 2017-2021 period for alcohol and drug abuse and 
juvenile delinquency prevention. Specifically, over the five-
year period, the bill would authorize the annual appropriation 
of:
           $4 million for BIA to combat illegal 
        narcotics trafficking on tribal land;
           $5 million for BIA to implement summer youth 
        programs to prevent substance abuse;
           $17 million for BIA to construct, renovate, 
        and staff emergency shelters for Indian youth who abuse 
        alcohol or illegal substances; and
           $25 million for DOJ to make grants for local 
        and tribal delinquency prevention programs.
    S. 2920 also would authorize the appropriation of $7 
million over the 2017-2021 period for BIA to provide assistance 
to combat substance abuse on tribal land. The bill also would 
authorize the appropriation of such sums as are necessary for 
BIA to provide training for Indian law enforcement and judicial 
personnel on matters relating to substance abuse and illegal 
narcotics. In 2016, about $20 million was allocated for all 
Indian police and judicial training by BIA. Based on 
information from BIA about the components of that training, CBO 
estimates about $2 million of that sum was used for substance 
abuse and illegal narcotics training. Continuing such training 
at the current level and adjusting for anticipated inflation 
would require an appropriation of $10 million over the 2017-
2021 period.

Other programs

    Sections 102 and 104 would require BIA and DOJ to consult 
with Indian tribes on the effectiveness of tribal law 
enforcement. Based on information from BIA about the level of 
effort expected for this activity, CBO estimates those 
requirements would cost $2 million in 2017 and $1 million in 
2018.
    Also, section 109 would require offices of federal public 
defenders in judicial districts that include tribal lands to 
appoint one assistant Federal Public Defender to serve as a 
tribal liaison and to ensure that each of those districts has 
adequate representation for tribal members. According to 
information from the AOUSC, this provision would require about 
20 additional full time employees, added travel expenses, and 
additional technology and training costs. CBO estimates that 
implementing section 109 would cost about $4 million a year 
over the 2017-2021 period.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending and 
revenues. S. 2920 would establish a new federal crime relating 
to trespassing on tribal lands. Because those prosecuted and 
convicted under S. 2920 could be subject to criminal fines, the 
federal government might collect additional amounts if the 
legislation is enacted. Criminal fines are recorded as 
revenues, deposited in the Crime Victims Fund, and later spent 
without further appropriation action. CBO expects that any 
additional revenues and subsequent direct spending would not be 
significant in any year because the legislation would probably 
affect only a small number of cases.
    Increase in long-term direct spending and deficits: CBO 
estimates that enacting S. 2920 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2027.
    Intergovernmental and private-sector impact: S. 2920 
contains no intergovernmental or private-sector mandates as 
defined in the UMRA and would provide a number of benefits to 
Indian tribes. The bill would authorize programs and grants to 
address tribal public safety, offender incarceration, alcohol 
and substance abuse programs, and treatment and prevention 
programs for juvenile delinquents. It would create tribal 
liaisons in offices of federal public defenders, and those 
liaisons would coordinate the cases of defendants who are 
accused of federal crimes on Indian land. The bill would direct 
the Department of Justice to share information from criminal 
databases with Indian tribes, and it would require the Office 
of the U.S. Attorney to notify tribes when an enrolled member 
is convicted in a district court. The bill also would benefit 
tribes by extending a pilot program to allow offenders 
convicted in tribal courts to be held in Bureau of Prisons 
facilities. Any costs to tribal governments would result from 
complying with conditions of federal assistance.
    Estimate prepared by: Federal costs: Robert Reese and Mark 
Grabowicz; Impact on state, local, and tribal governments: 
Rachel Austin; Impact on the private sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Assistant Director for 
Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with subsection 12 of rule XXVI of the 
Standing Rules of the Senate, changes to existing law made by 
S. 2920, as ordered reported, are shown as follows (existing 
law proposed to be omitted is enclosed in black brackets and 
new matter is printed in italic).:

           *       *       *       *       *       *       *

TITLE I--TRIBAL LAW AND ORDER

           *       *       *       *       *       *       *

Indian Law Enforcement Reform Act

           *       *       *       *       *       *       *

                            SPENDING REPORT

SEC. 3.

    (a) * * *

           *       *       *       *       *       *       *

    (c) * * *
          [(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;]
          [(14)] (13) * * *
          [(15)] (14) * * *
          [(16)] (15) * * *
                  (C) a list for which any tribal information 
                may be summarized by State 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] public safety and emergency 
                communications and technology needs, and other 
                administrative and supporting needs of program 
                operations, including information technology 
                and other equipment, travel, and training; and 
                * * *
          [(17)] (16) * * *
          [(18)] (17) * * *

           *       *       *       *       *       *       *

ENFORCEMENT OF REPORTING REQUIREMENTS

           *       *       *       *       *       *       *

    (f) * * *
    (g) Enforcement of Reporting Requirements.--
          (1) In general.--Subject to paragraph (2), on the 
        failure of the Director of the Office of Justice 
        Services to submit a report in accordance with 
        paragraph (15) or (16) of subsection (c), the Secretary 
        shall withhold funding for the Office of the Assistant 
        Secretary for Indian Affairs used for the 
        administration of services, including functional 
        expenses such as overtime, personnel salaries, and 
        associated benefits or related tasks that directly 
        affect those functions, to the extent that the 
        withholding does not adversely impact the capacity of 
        the Secretary to provide law enforcement services in 
        Indian communities in accordance with this Act.
          (2) Restoration.--The Secretary shall restore funding 
        withheld in accordance with paragraph (1) on submission 
        of the applicable report in accordance with paragraph 
        (15) or (16) of subsection (c)

           *       *       *       *       *       *       *

            ALLOWANCE FOR RENTALS OF QUARTERS AND FACILITIES

[SEC. 8. UNIFORM ALLOWANCE

    [Notwithstanding the limitation]

SEC. 8. ALLOWANCES.

    (a) Uniforms.--Notwithstanding the limitation . . .
    (b) Rentals for Quarters and Facilities.--Notwithstanding 
section 5911 of title 5, United States Code, the Secretary, on 
recommendation of the Director of the Office of Justice 
Services, shall establish applicable rental rates for quarters 
and facilities for employees of the Office of Justice Services.

           *       *       *       *       *       *       *

Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986

           *       *       *       *       *       *       *

                 LAW ENFORCEMENT AND JUDICIAL TRAINING

SEC. 4218.

    (a) * * *
    (b) Authorization.--For the purposes of providing the 
training required by subsection (a) of this section, there are 
authorized to be appropriated $2,000,000 for fiscal year 1993 
and such sums as are necessary for each of fiscal years [2011 
through 2015] 2017 through 2021.

           *       *       *       *       *       *       *

Omnibus Crime Control and Safe Streets Act of 1968

           *       *       *       *       *       *       *

              PUBLIC SAFETY AND COMMUNITY POLICING GRANTS

SEC. 1701.

    (a) * * *

           *       *       *       *       *       *       *

    (j) Grants to Indian Tribes.--
          (1) In general.--Notwithstanding subsection (i) and 
        section 3796dd-2 of this title, 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] each 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).

           *       *       *       *       *       *       *

          (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] 2017 through 2021.

           *       *       *       *       *       *       *

Title 28, Section 534(d)

           *       *       *       *       *       *       *

    [(a) The Attorney General]
          (1) In general.--The Attorney General . . .
          [(1)] * * *
                  (A) * * *
          [2] * * *
                  (B) * * *
          (2) Tribal access program.--Out of any funds 
        available and not otherwise obligated the Attorney 
        General shall establish and carry out a tribal access 
        program to enhance the ability of tribal governments to 
        access, enter information into, and obtain information 
        from, Federal criminal information databases as 
        authorized under this section.
          (3) Information sharing.--Any report issued as a 
        result of the analysis of information entered into 
        Federal criminal information databases or obtained from 
        Federal criminal databases, including for the purpose 
        of conducting background checks, shall be shared with 
        Indian tribes of jurisdiction.

           *       *       *       *       *       *       *

Tribal Law and Order Act of 2010

           *       *       *       *       *       *       *

           ACCESS TO NATIONAL CRIMINAL INFORMATION DATABASES

SEC. 233

    (a) * * *
    (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.] (1) In 
        general.--The Attorney General shall ensure that--
                  (A) tribal law enforcement officials that 
                meet applicable Federal or State requirements 
                be permitted access to national crime 
                information databases;
                  (B) technical assistance and training to 
                Bureau of Indian Affairs and tribal law 
                enforcement officials is provided to gain 
                access and input authority to use the National 
                Criminal Information Center and other national 
                crime information databases pursuant to section 
                534 of title 28, United States Code; and
                  (C) the Federal Bureau of Investigation 
                coordinates with the Office of Justice 
                Services, Bureau of Indian Affairs, to ensure 
                Indian tribal law enforcement agencies are 
                assigned appropriate credentials or ORI numbers 
                for uniform crime reporting purposes.

           *       *       *       *       *       *       *

Omnibus Crime Control and Safe Streets Act of 1986

           *       *       *       *       *       *       *

                      BUREAU OF JUSTICE STATISTICS

SEC. 302.

    [(d) Justice Statistical Collection, Analysis, and 
Dissemination.--
          [(1) In general.--To ensure]
    (d) Justice Statistical Collection, Analysis, and 
Dissemination.--
          (1) In general.--To ensure that all justice 
        statistical collection, analysis, and dissemination is 
        carried out in a coordinated manner, the Director is 
        authorized to--

           *       *       *       *       *       *       *

                  (E) encourage replication, coordination and 
                sharing among justice agencies regarding 
                information systems, information policy, and 
                data; [and]
                  (F) confer and cooperate with Federal 
                statistical agencies as needed to carry out the 
                purposes of this subchapter, including by 
                entering into cooperative data sharing 
                agreements in conformity with all laws and 
                regulations applicable to the disclosure and 
                use of data[.]; and
                  (G) confer and cooperate with the Bureau of 
                Indian Affairs as needed to carry out the 
                purposes of this part, including by entering 
                into cooperative resource and data sharing 
                agreements in conformity with all laws and 
                regulations applicable to the disclosure and 
                use of data.
          (2) Consultation with Indian tribes.--
                  [The Director] (A) In general.--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.
                  (B) Information sharing requirement.--
                Analysis of the information collected under 
                subparagraph (A) shall be shared with the 
                Indian tribe that provided the information that 
                was collected.

           *       *       *       *       *       *       *

Indian Law Enforcement Reform Act

           *       *       *       *       *       *       *

                           REPORTS TO TRIBES

SEC. 10.

    (b) [The Attorney General] (1) In general.--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)] (A) organized--
                  [(A)] (i) in the aggregate; and
                  [(B)] (ii)
                          [(i)] (I) for the Federal Bureau of 
                        Investigation, by Field Division; and
                          [(ii)] (II) for United States 
                        Attorneys, by Federal judicial 
                        district; and
          [(2)] (B) including any relevant explanatory 
        statements.
    (2) Consultation.--Not later than 1 year after the date of 
enactment of the Tribal Law and Order Reauthorization and 
Amendments Act of 2016, the Attorney General shall consult with 
Indian tribes, including appropriate tribal justice officials, 
regarding--
          (A) the annual reports described in paragraph (1) to 
        improve the data collected, the information reported, 
        and the reporting system; and
          (B) improvements to the processes for the 
        satisfaction of the requirements for coordination 
        described in paragraphs (1) and (3) of subsection (a), 
        or to the reporting requirements under paragraph (1).
    (3) Enforcement of reporting requirements.--
          (A) In general.--Subject to subparagraph (B), on the 
        failure of the Attorney General to submit a report in 
        accordance with paragraph (1), the Attorney General 
        shall withhold funding for the Director of the Federal 
        Bureau of Investigation and the Director of the 
        Executive Office for United States Attorneys used for 
        the administration of services, including functional 
        expenses such as overtime, personnel salaries, and 
        associated benefits or related tasks that directly 
        affect those functions, to the extent that the 
        withholding does not adversely impact the capacity of 
        the Attorney General to provide law enforcement, 
        investigation, or prosecution services.
          (B) Restoration.--The Attorney General shall restore 
        funding withheld in accordance with subparagraph (A) on 
        submission of the applicable report in accordance with 
        paragraph (1).

           *       *       *       *       *       *       *

Tribal Law and Order Act of 2010

           *       *       *       *       *       *       *

               BUREAU OF PRISONS TRIBAL PRISONER PROGRAM

SEC. 234

    (a) * * *
    (c) * * *
          (5) Report.--Not later than [3 years after the date 
        of establishment of the pilot program] 5 years after 
        the date of enactment of the Tribal Law and Order 
        Reauthorization and Amendments Act of 2016, 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) Consultation.--Not later than 1 year after the 
        date of enactment of the Tribal Law and Order 
        Reauthorization and Amendments Act of 2016, the 
        Director of the Bureau of Prisons and the Director of 
        the Office of Justice Services of the Bureau of Indian 
        Affairs shall coordinate and consult with Indian tribes 
        to develop improvements in implementing the pilot 
        program, including intergovernmental communication, 
        training, processes, and other subject matters as 
        appropriate.
          [(6)] (7) 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] 
        subsection shall expire on the date that is 7 years 
        after the date of enactment of the Tribal Law and Order 
        Reauthorization and Amendments Act of 2016.

           *       *       *       *       *       *       *

Indian Law Enforcement Reform Act

           *       *       *       *       *       *       *

                CONSULTATION FOR JUVENILE JUSTICE REFORM

SEC. 3.

    (a) * * *

           *       *       *       *       *       *       *

    (h) Consultation for Juvenile Justice Reform.--Not later 
than 1 year after date of enactment of this subsection, the 
Director of the Bureau of Indian Affairs, the Director of the 
Bureau of Prisons, the Director of the Indian Health Service, 
the Administrator of the Office of Juvenile Justice and 
Delinquency Prevention, and the Administrator of the Substance 
Abuse and Mental Health Services Administration shall consult 
with Indian tribes regarding Indian juvenile justice and 
incarceration, including--
          (1) the potential for using Bureau of Indian Affairs 
        or tribal juvenile facilities for the incarceration of 
        Indian youth in the Federal system as alternative 
        locations closer to the communities of the Indian 
        youth;
          (2) improving community-based options for the 
        services needed and available for Indian youth in 
        Federal incarceration;
          (3) barriers to the use of--
                  (A) alternatives to incarceration; or
                  (B) cross-agency services for Indian youth in 
                incarceration; and
          (4) the application of the Federal sentencing 
        guidelines to Indian youth.

           *       *       *       *       *       *       *

                        SEC. 105 FEDERAL NOTICE

SEC. 10.

    (a) * * *

           *       *       *       *       *       *       *

    (d) Federal Notice.--On conviction in any district court of 
the United States of an enrolled member of a federally 
recognized Indian tribe, the Office of the United States 
Attorney for the district in which the member was convicted 
shall provide to the appropriate tribal justice official notice 
of the conviction and any other pertinent information.

           *       *       *       *       *       *       *

                     SEC. 106. DETENTION FACILITIES

SEC. 3.

    (a) * * *

           *       *       *       *       *       *       *

    (i) Alternatives to Detention.--In carrying out the 
responsibilities of the Secretary under this Act or title II of 
Public Law 90--284 (commonly known as the `Indian Civil Rights 
Act of 1968') (25 U.S.C. 1301 et seq.), the Secretary shall 
authorize an Indian tribe carrying out a contract or compact 
pursuant to the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450 et seq.), on request of the 
Indian tribe, to use any available detention funding from the 
contract or compact for such appropriate alternatives to 
detention to which the Indian tribe and Secretary, acting 
through the Director of the Office of Justice Services, 
mutually agree.

           *       *       *       *       *       *       *

Indian Tribal Justice Act

           *       *       *       *       *       *       *

                       INDIAN TRIBAL JUSTICE ACT

SEC. 103.

    (a) * * *

           *       *       *       *       *       *       *

    (c) Alternatives to Detention.--In carrying out the 
responsibilities of the Secretary under this Act or title II of 
Public Law 90-284 (commonly known as the `Indian Civil Rights 
Act of 1968') (25 U.S.C. 1301 et seq.), the Secretary shall 
authorize an Indian tribe carrying out a contract or compact 
pursuant to the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450 et seq.), on request of the 
Indian tribe, to use any available detention funding from the 
contract or compact for such appropriate alternatives to 
detention to which the Indian tribe and Secretary, acting 
through the Director of the Office of Justice Services, 
mutually agree.
    [(c)] (d) * * *

           *       *       *       *       *       *       *

Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986

           *       *       *       *       *       *       *

                       JUVENILE DETENTION CENTERS

SEC. 4220(B).

    (b) Authorization.--
          (1) For the purpose of constructing or renovating 
        juvenile detention centers as provided in subsection 
        (a) of this section, there are authorized to be 
        appropriated $10,000,000 for each of fiscal years [2011 
        through 2015] 2017 through 2021.
          (2) For the purpose of staffing and operating 
        juvenile detention centers, there are authorized to be 
        appropriated $7,000,000 for each of fiscal years [2011 
        through 2015] 2017 through 2021.

           *       *       *       *       *       *       *

Violent Crime Control and Law Enforcement Act of 1994

           *       *       *       *       *       *       *

               PAYMENTS FOR INCARCERATION ON TRIBAL LAND

SEC. 20109.

    (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] 2017 through 2021 
to carry out this section.

           *       *       *       *       *       *       *

Indian Tribal Justice Act

           *       *       *       *       *       *       *

                         TRIBAL JUSTICE SYSTEMS

SEC. 201.

    (a) Office.--There is authorized to be appropriated to 
carry out sections 3611 and 3612 of this title, $7,000,000 for 
each of fiscal years [2011 through 2015] 2017 through 2021. 
None of the funds provided under this subsection may be used 
for the administrative expenses of the Office.
    (b) Base Support Funding for Tribal Justice Systems.--There 
is authorized to be appropriated to carry out section 3613 of 
this title, $50,000,000 for each of fiscal years [2011 through 
2015] 2017 through 2021.
    (c) Administrative Expenses for Office.--There is 
authorized to be appropriated, for the administrative expenses 
of the Office, $500,000 for each of fiscal years [2011 through 
2015] 2017 through 2021.
    (d) Administrative Expenses for Tribal Judicial 
Conferences.--There is authorized to be appropriated, for the 
administrative expenses of tribal judicial conferences, 
$500,000 for each of fiscal years [2011 through 2015] 2017 
through 2021.

           *       *       *       *       *       *       *

Indian Tribal Justice Technical and Legal Assistance Act of 2000

           *       *       *       *       *       *       *

                    AUTHORIZATION OF APPROPRIATIONS

SEC. 107.

    For purposes of carrying out the activities under this 
subchapter, there are authorized to be appropriated such sums 
as are necessary for fiscal years [2011 through 2015] 2017 
through 2021.

           *       *       *       *       *       *       *

SEC. 201

    (a) * * *

           *       *       *       *       *       *       *

    (d) Authorization of Appropriations.--For purposes of 
carrying out the activities under this section, there are 
authorized to be appropriated such sums as are necessary for 
fiscal years [2011 through 2015] 2017 through 2021.

           *       *       *       *       *       *       *

Indian Civil Rights Act of 1968

           *       *       *       *       *       *       *

                         CONSTITUTIONAL RIGHTS

SEC. 202

    (a) * * *
          (10) deny to any person accused of an offense 
        punishable by imprisonment for 180 days or more the 
        right, upon request, to a trial by jury of not less 
        than six persons.

           *       *       *       *       *       *       *

                          RIGHTS OF DEFENDANTS

SEC. 204

    (a) * * *

           *       *       *       *       *       *       *

    (d) Rights of Defendants.--In a criminal proceeding in 
which a participating tribe exercises special domestic violence 
criminal jurisdiction, the participating tribe shall provide to 
the defendant--
          (1) all applicable rights under this Act;
          (2) if a term of imprisonment of any length may be 
        imposed, all rights described in section 1302(c) of 
        this title;
          (3) [the right] if a term of imprisonment of 180 days 
        or more may be imposed, the right to a trial by an 
        impartial jury that is drawn from sources that--

           *       *       *       *       *       *       *

The Indian Law Enforcement Reform Act

           *       *       *       *       *       *       *

                            PUBLIC DEFENDERS

SEC. 13

    (a) * * *

           *       *       *       *       *       *       *

SEC. 13A. TRIBAL LIAISONS.

    (a) Appointment.--
          (1) In general.--The Federal Public Defender for each 
        district that includes Indian country shall appoint not 
        less than 1 assistant Federal Public Defender to serve 
        as a tribal liaison for the district.
          (2) Sense of congress.--It is the sense of Congress 
        that in appointing tribal liaisons under paragraph (1), 
        the Federal Public Defender should consult with tribal 
        justice officials from each Indian tribe that would be 
        affected by the appointment.
    (b) Duties.--
          (1) In general.--The duties of a tribal liaison shall 
        include the following:
                  (A) Developing working relationships and 
                maintaining communication with tribal leaders 
                and tribal community, including the interchange 
                and understanding of cultural issues that may 
                impact the effective assistance of counsel.
                  (B) Providing technical assistance and 
                training regarding criminal defense techniques 
                and strategies, forensics, and reentry programs 
                and strategies for responding to crimes 
                occurring in Indian country.
          (2) Sense of congress.--It is the sense of Congress 
        that--
                  (A) in evaluating the performance of tribal 
                liaisons, and as part of the staffing formulas 
                for Federal Defenders, the Administrative 
                Office of the United States Courts should take 
                into consideration the multiple duties of 
                tribal liaisons described in paragraph (1); and
                  (B) the Director of the Administrative Office 
                of the United States Courts and the Attorney 
                General should work together to ensure that 
                each district that includes Indian country has 
                sufficient resources to provide adequate 
                representation.

           *       *       *       *       *       *       *

Section 1165 of title 18, United States Code

           *       *       *       *       *       *       *

          OFFENSES IN INDIAN COUNTRY: TRESPASS ON INDIAN LAND

SEC. 1165.

Sec. 1165. [Hunting, trapping, or fishing on Indian land] Criminal 
                    trespass

    [Whoever, without lawful authority] (a) Hunting, Trapping, 
or Fishing on Indian Land.--Whoever, without lawful authority 
or permission, willfully and knowingly goes upon any land that 
belongs to any Indian or Indian tribe, band, or group and 
either are held by the United States in trust or are subject to 
a restriction against alienation imposed by the United States, 
or upon any lands of the United States that are reserved for 
Indian use (referred to in this section as `tribal land'), for 
the purpose of hunting, trapping, or fishing thereon, or for 
the removal of game, peltries, or fish therefrom, shall be 
fined under this title or imprisoned not more than ninety days, 
or both, and all game, fish, and peltries in his possession 
shall be forfeited.
    (b) Violation of Tribal Exclusion Order.--
          (1) Definition of exclusion order.--In this 
        subsection, the term `exclusion order' means an order 
        issued in a proceeding by a court of an Indian tribe 
        that temporarily or permanently excludes a person from 
        tribal land because of a conviction under the criminal 
        laws of the tribal government--
                  (A) for a violent crime (as defined under 
                applicable tribal law); or
                  (B) for the sale or distribution of 
                controlled substances.
          (2) Violation described.--It shall be unlawful for 
        any person to knowingly violate the terms of an 
        exclusion order that was issued by a court of an Indian 
        tribe in accordance with paragraph (4).
          (3) Penalty.--Any person who violates paragraph (2) 
        shall be fined up to $5,000 or imprisoned for up to 1 
        year, or both.
          (4) Requirements.--The violation described in 
        paragraph (2) applies only to an exclusion order--
                  (A) for which--
                          (i) the respondent was served with, 
                        or had actual notice of, the underlying 
                        complaint; and
                          (ii) the underlying complaint 
                        included--
                                  (I) a plain statement of 
                                facts that, if true, would 
                                provide the basis for the 
                                issuance of an exclusion order 
                                against the respondent;
                                  (II) the date, time, and 
                                place for a hearing on the 
                                complaint; and
                                  (III) a statement informing 
                                the respondent that if the 
                                respondent fails to appear at 
                                the hearing on the complaint, 
                                an order may issue, the 
                                violation of which may result 
                                in--
                                          (aa) criminal 
                                        prosecution under 
                                        Federal law; and
                                          (bb) the imposition 
                                        of a fine or 
                                        imprisonment, or both;
                  (B) for which a hearing on the underlying 
                complaint sufficient to protect the right of 
                the respondent to due process was held on the 
                record, at which the respondent was provided an 
                opportunity to be heard and present testimony 
                of witnesses and other evidence as to why the 
                order should not issue;
                  (C) that--
                          (i) temporarily or permanently 
                        excludes the respondent from tribal 
                        land under the jurisdiction of the 
                        applicable Indian tribe; and
                          (ii) includes a statement that a 
                        violation of the order may result in 
                        criminal prosecution under Federal law 
                        and the imposition of a fine or 
                        imprisonment, or both; and
                  (D) with which the respondent was served or 
                of which the respondent had actual notice.''.

           *       *       *       *       *       *       *

Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986

           *       *       *       *       *       *       *

   REAUTHORIZATION OF FUNDING TO COMBAT ILLEGAL NARCOTICS TRAFFICKING

SEC. 4216

    (a) * * *
          (3) Authorization of appropriation.--There is 
        authorized to be appropriated to carry out this 
        subsection $2,000,000 for each of fiscal years [2011 
        through 2015] 2017 through 2021.
    (b) * * *
          (2) For the purpose of establishing the program 
        required by paragraph (1), there are authorized to be 
        appropriated $2,000,000 for each of fiscal years [2011 
        through 2015] 2017 through 2021.

           *       *       *       *       *       *       *

               INTER-DEPARTMENTAL MEMORANDUM OF AGREEMENT

SEC. 4205

    (a) In General.--Not later than 1 year after July 29, 2010, 
the Secretary of the Interior, the Attorney General, the 
Secretary of Agriculture, the Secretary of Housing and Urban 
Development, and the Secretary of Health and Human Services 
shall develop and enter into a Memorandum of Agreement which 
shall, among other things--
          (1) * * *
          (2) Identify.--
                  (A) The resources and programs of the Bureau 
                of Indian Affairs, Office of Justice Programs, 
                Substance Abuse and Mental Health Services 
                Administration, the Department of Agriculture, 
                the Department of Housing and Urban 
                Development, and Indian Health Service, and * * 
                *
          (5) Delineate the responsibilities of the Bureau of 
        Indian Affairs, Department of Justice, Substance Abuse 
        and Mental Health Services Administration, the 
        Department of Agriculture, the Department of Housing 
        and Urban Development, and the Indian Health Service to 
        coordinate alcohol and substance abuse-related services 
        at the central, area, agency, and service unit levels.
          (6) * * *
          (7) Provide for an annual review of such agreements 
        by the Secretary of the Interior, the Attorney General, 
        the Secretary of Agriculture, the Secretary of Housing 
        and Urban Development, and the Secretary of Health and 
        Human Services.

           *       *       *       *       *       *       *

              REAUTHORIZATION OF TRIBAL ACTION PLANS FUNDS

SEC. 4206

    (a) * * *

           *       *       *       *       *       *       *

    (d) * * *
          (2) There are authorized to be appropriated for 
        grants under this subsection not more than $2,000,000 
        for the period of fiscal years [2011 through 2015] 2017 
        through 2021.

           *       *       *       *       *       *       *

        GRANTS FOR TRAINING, EDUCATION, AND PREVENTION PROGRAMS

SEC. 4206.

    (f) * * *
          (3) There are authorized to be appropriated to carry 
        out the provisions of this subsection $5,000,000 for 
        fiscal years [2011 through 2015] 2017 through 2021.

           *       *       *       *       *       *       *

Indian Law Enforcement Reform Act

           *       *       *       *       *       *       *

               OFFICE OF JUSTICE SERVICES SPENDING REPORT

SEC. 3

    (a) * * *
    (c) * * *
          (16) * * *
                  (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, healthcare, behavioral health, and 
                tele-health needs at tribal jails, and public 
                safety and emergency communications and 
                technology needs; and

           *       *       *       *       *       *       *

TITLE II--IMPROVING JUSTICE FOR INDIAN YOUTH

           *       *       *       *       *       *       *

Section 5032 of title 18, United States Code

           *       *       *       *       *       *       *

               FEDERAL JURISDICTION OVER INDIAN JUVENILES

SEC. 5032

    A juvenile alleged to have committed an act of juvenile 
delinquency, other than a violation of law committed within the 
special maritime and territorial jurisdiction of the United 
States for which the maximum authorized term of imprisonment 
does not exceed six months, shall not be proceeded against in 
any court of the United States unless the Attorney General, 
after investigation, certifies to the appropriate district 
court of the United States that (1) the juvenile court or other 
appropriate court of a State or Indian tribe does not have 
jurisdiction or refuses to assume jurisdiction over said 
juvenile with respect to such alleged act of juvenile 
delinquency, (2) the State or Indian tribe does not have 
available programs and services adequate for the needs of 
juveniles, or (3) the offense charged is a crime of violence 
that is a felony or an offense described in section 401 of the 
Controlled Substances Act (21 U.S.C. 841), or section 1002(a), 
1003, 1005, 1009, or 1010(b)(1), (2), or (3) of the Controlled 
Substances Import and Export Act (21 U.S.C. 952(a), 953, 955, 
959, 960(b)(1), (2), (3)), section 922(x) or section 924(b), 
(g), or (h) of this title, and that there is a substantial 
Federal interest in the case or the offense to warrant the 
exercise of Federal jurisdiction.
    If the Attorney General does not so certify, such juvenile 
shall be surrendered to the appropriate legal authorities of 
such State or Indian tribe. For purposes of this section, the 
term ``State'' includes a State of the United States, the 
District of Columbia, and any commonwealth, territory, or 
possession of the United States. In this section, 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).
    If an alleged juvenile delinquent is not surrendered to the 
authorities of a State or Indian tribe pursuant to this 
section, any proceedings against him shall be in an appropriate 
district court of the United States. For such purposes, the 
court may be convened at any time and place within the 
district, in chambers or otherwise. The Attorney General shall 
proceed by information or as authorized under section 3401(g) 
of this title, and no criminal prosecution shall be instituted 
for the alleged act of juvenile delinquency except as provided 
below.
    A juvenile who is alleged to have committed an act of 
juvenile delinquency and who is not surrendered to State or 
Indian tribal authorities shall be proceeded against under this 
chapter unless he has requested in writing upon advice of 
counsel, or of a representative of an Indian tribe of which the 
juvenile is a member, to be proceeded against as an adult, 
except that, with respect to a juvenile fifteen years and older 
alleged to have committed an act after his fifteenth birthday 
which if committed by an adult would be a felony that is a 
crime of violence or an offense described in section 401 of the 
Controlled Substances Act (21 U.S.C. 841), or section 1002(a), 
1005, or 1009 of the Controlled Substances Import and Export 
Act (21 U.S.C. 952(a), 955, 959), or section 922(x) of this 
title, or in section 924(b), (g), or (h) of this title, 
criminal prosecution on the basis of the alleged act may be 
begun by motion to transfer of the Attorney General in the 
appropriate district court of the United States, if such court 
finds, after hearing, such transfer would be in the interest of 
justice. In the application of the preceding sentence, if the 
crime of violence is an offense under section 113(a), 113(b), 
113(c), 1111, 1113, or, if the juvenile possessed a firearm 
during the offense, section 2111, 2113, 2241(a), or 2241(c), 
``thirteen'' shall be substituted for ``fifteen'' and 
``thirteenth'' shall be substituted for ``fifteenth''. 
Notwithstanding sections 1152 and 1153, no person subject to 
the criminal jurisdiction of an Indian tribal government shall 
be subject to the preceding sentence for any offense the 
Federal jurisdiction for which is predicated solely on Indian 
country (as defined in section 1151), and which has occurred 
within the boundaries of such Indian country, unless the 
governing body of the tribe has elected that the preceding 
sentence have effect over land and persons subject to its 
criminal jurisdiction. However, a juvenile who is alleged to 
have committed an act after his sixteenth birthday which if 
committed by an adult would be a felony offense that has as an 
element thereof the use, attempted use, or threatened use of 
physical force against the person of another, or that, by its 
very nature, involves a substantial risk that physical force 
against the person of another may be used in committing the 
offense, or would be an offense described in section 32, 81, 
844(d), (e), (f), (h), (i) or 2275 of this title, subsection 
(b)(1) (A), (B), or (C), (d), or (e) of section 401 of the 
Controlled Substances Act, or section 1002(a), 1003, 1009, or 
1010(b) (1), (2), or (3) of the Controlled Substances Import 
and Export Act (21 U.S.C. 952(a), 953, 959, 960(b) (1), (2), 
(3)), and who has previously been found guilty of an act which 
if committed by an adult would have been one of the offenses 
set forth in this paragraph or an offense in violation of a 
State felony statute that would have been such an offense if a 
circumstance giving rise to Federal jurisdiction had existed, 
shall be transferred to the appropriate district court of the 
United States for criminal prosecution.

           *       *       *       *       *       *       *

Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986

           *       *       *       *       *       *       *

                         SUMMER YOUTH PROGRAMS

SEC. 4212

    (a) * * *
          (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] 2017 through 2021.

           *       *       *       *       *       *       *

                           EMERGENCY SHELTERS

SEC. 4213

    (a) * * *
    (e) Authorization.--
          (1) For the planning and design, construction, and 
        renovation of, or purchase or lease of land or 
        facilities for, emergency shelters and half-way houses 
        to provide emergency care for Indian youth, there are 
        authorized to be appropriated $10,000,000 for each of 
        fiscal years [2011 through 2015] 2017 through 2021.
          (2) For the staffing and operation of emergency 
        shelters and half-way houses, there are authorized to 
        be appropriated $5,000,000 for fiscal year 1993 and 
        $7,000,000 for each of fiscal years [2011 through 2015] 
        2017 through 2021.

           *       *       *       *       *       *       *

Juvenile Justice and Delinquency Act of 1974

           *       *       *       *       *       *       *

                        JUSTICE FOR INDIAN YOUTH

SEC. 102

    The purposes of this subchapter and subchapter II of this 
chapter are--
          (1) to support [State and local] State, tribal, and 
        local programs that prevent juvenile involvement in 
        delinquent behavior;
          (2) to assist [State and local] State, tribal, and 
        local governments in promoting public safety by 
        encouraging accountability for acts of juvenile 
        delinquency; [and]
          (3) to assist [State and local] State, tribal, and 
        local governments in addressing juvenile crime through 
        the provision of technical assistance, research, 
        training, evaluation, and the dissemination of 
        [information on effective programs] information on 
        effective and evidence-based programs and practices for 
        combating juvenile delinquency[.]; and 
          (4) to support a continuum of evidence-based or 
        promising programs (including delinquency prevention, 
        intervention, mental health and substance abuse 
        treatment, family services, and services for children 
        exposed to violence) that are trauma-informed, reflect 
        the science of adolescent development, and designed to 
        meet the needs of at-risk youth and youth who come into 
        contact with the justice system.

           *       *       *       *       *       *       *

                    CONCENTRATION OF FEDERAL EFFORTS

SEC. 204

    (a) * * *
    (b) * * *
          (6) provide for the auditing of monitoring systems 
        required under [section 5633(a)(15)] section 223(a)(14) 
        of this title to review the adequacy of such systems; 
        and
          [(7) not later than 1 year after November 2, 2002, 
        issue model standards for providing mental health care 
        to incarcerated juveniles.] (7)(A) not less frequently 
        than biannually, consult with Indian tribes regarding--
                  (i) the implementation of this Act;
                  (ii) strengthening the government-to-
                government relationship between the Federal 
                Government and Indian tribes;
                  (iii) improving juvenile delinquency 
                programs, services, and activities affecting 
                Indian youth and Indian tribes;
                  (iv) improving coordination among Federal 
                departments and agencies to reduce juvenile 
                offenses, delinquency, and recidivism;
                  (v) the means by which traditional or 
                cultural tribal programs may serve or be 
                developed as promising or evidence-based 
                programs; and
                  (vi) any other matters relating to improving 
                juvenile justice for Indian youth; and
          (B) not later than 1 year after the date of enactment 
        of this subparagraph, issue a tribal consultation 
        policy for the Office of Juvenile Justice and 
        Delinquency Prevention to govern the consultation to be 
        conducted under subparagraph (A).

           *       *       *       *       *       *       *

  COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SEC. 206.

    (a) Establishment; membership.--
          (1) There is hereby established, as an independent 
        organization in the executive branch of the Federal 
        Government a Coordinating Council on Juvenile Justice 
        and Delinquency Prevention composed of the Attorney 
        General, the Secretary of Health and Human Services, 
        the Director of the Indian Health Service, the 
        Secretary of Labor, the Secretary of Education, the 
        Secretary of Housing and Urban Development, the 
        Administrator of the Office of Juvenile Justice and 
        Delinquency Prevention, the Director of the Office of 
        National Drug Control Policy, the Chief Executive 
        Officer of the Corporation for National and Community 
        Service, the [Commissioner of Immigration and 
        Naturalization] Assistant Secretary for Immigration and 
        Customs Enforcement, the Secretary of the Interior, the 
        Assistant Secretary for Indian Affairs, such other 
        officers of Federal agencies who hold significant 
        decision making authority as the President may 
        designate, and individuals appointed under paragraph 
        (2).
          (2)(A) Ten members shall be appointed, without regard 
        to political affiliation, to the Council in accordance 
        with this paragraph from among individuals who are 
        practitioners in the field of juvenile justice and who 
        are not officers or employees of the [United States] 
        Federal Government. * * *
    (c) Functions.--
          (1) The function of the Council shall be to 
        coordinate all Federal juvenile delinquency programs 
        (in cooperation with State, tribal, and local juvenile 
        justice programs) all Federal programs and activities 
        that detain or care for unaccompanied juveniles, and 
        all Federal programs relating to missing and exploited 
        children. The Council shall examine how the separate 
        programs can be coordinated among Federal, State, and 
        local governments to better serve at-risk children and 
        juveniles and shall make recommendations to the 
        President, and to the Congress, at least annually with 
        respect to the coordination of overall policy and 
        development of objectives and priorities for all 
        Federal juvenile delinquency programs and activities 
        and all Federal programs and activities that detain or 
        care for unaccompanied juveniles. The Council shall 
        review the programs and practices of Federal agencies 
        and report on the degree to which Federal agency funds 
        are used for purposes which are consistent or 
        inconsistent with the mandates of paragraphs (12)(A), 
        (13), and (14) of section 5633(a) of this title. The 
        Council shall review, and make recommendations with 
        respect to, any joint funding proposal undertaken by 
        the Office of Juvenile Justice and Delinquency 
        Prevention and any agency represented on the Council. 
        The Council shall review the reasons why Federal 
        agencies take juveniles into custody and shall make 
        recommendations regarding how to improve Federal 
        practices and facilities for holding juveniles in 
        custody.
          (2) In addition to performing their functions as 
        members of the Council, the members appointed under 
        subsection (a)(2) of this section shall collectively--
                  (A) make recommendations regarding the 
                development of the objectives, priorities, and 
                the long-term plan, and the implementation of 
                overall policy and the strategy to carry out 
                such plan, referred to in section 5614(a)(1) of 
                this title; and
                  (B) not later than 180 days after November 4, 
                1992, submit such recommendations to the 
                Administrator, the Chairman of the Committee on 
                Education and the Workforce of the House of 
                Representatives, the Chairperson and Vice 
                Chairperson of the Committee on Indian Affairs 
                of the Senate, and the Chairman of the 
                Committee on the Judiciary of the Senate.

           *       *       *       *       *       *       *

                             ANNUAL REPORT

SEC. 207.

    Not later than 180 days after the end of [a fiscal year] 
each fiscal year, the Administrator shall submit to the 
President, the Speaker of the House of Representatives, and the 
President pro tempore of the Senate a report that contains the 
following with respect to such fiscal year:
          (1) A detailed summary and analysis of the most 
        recent data available regarding the number of juveniles 
        taken into custody, the rate at which juveniles are 
        taken into custody, and the trends demonstrated by the 
        data required by subparagraphs (A), (B), and (C). Such 
        summary and analysis shall set out the information 
        required by subparagraphs (A), (B), (C), and (D) 
        separately for juvenile nonoffenders, juvenile status 
        offenders, and other juvenile offenders. Such summary 
        and analysis shall separately address with respect to 
        each category of juveniles specified in the preceding 
        sentence--
                  (A) the types of offenses with which the 
                juveniles are charged and whether the offense 
                occurred in Indian country (as defined in 
                section 1151 of title 18, United States Code);
                  (B) the race [and gender of the juveniles], 
                gender and ethnicity (as defined by the Bureau 
                of the Census) of the juveniles, and, for any 
                Indian juvenile, the tribal membership or 
                affiliation of the Indian juvenile;
                  (C) * * *
          (5) A description of--
                  (A) the amount of funding provided to Indian 
                tribes under this Act, or for a juvenile 
                delinquency or prevention program under the 
                Tribal Law and Order Act of 2010 (25 U.S.C. 
                2801 note; Public Law 111-211) or the 
                amendments made by that Act, including direct 
                Federal grants and funding provided to Indian 
                tribes through a State or unit of local 
                government; and
                  (B) recommendations of the Council for 
                improving resource and service delivery to 
                Indian tribal communities.

           *       *       *       *       *       *       *

                              STATE PLANS

SEC. 223

    (a) * * *
          (3) * * *
                  (A) * * *
                          (ii) * * *
                                  (VII) persons with special 
                                experience and competence in 
                                addressing problems related to 
                                school violence and vandalism 
                                and alternatives to suspension 
                                and expulsion; [and]
                                  (VIII) persons with special 
                                experience and competence in 
                                addressing problems related to 
                                learning disabilities, 
                                emotional difficulties, child 
                                abuse and neglect, and youth 
                                violence; and
                                  (IX) for States in which 1 or 
                                more Indian tribes are located, 
                                at least 1 Indian tribal 
                                representative with knowledge 
                                of services or issues relating 
                                to law enforcement, juvenile 
                                justice, behavioral health, 
                                youth, and social services in 
                                Indian tribal communities, as 
                                nominated by the applicable 
                                Indian tribes; * * *
          [(4) provide for the active consultation with and 
        participation of units of local government or 
        combinations thereof in the development of a State plan 
        which adequately takes into account the needs and 
        requests of units of local government, except that 
        nothing in the plan requirements, or any regulations 
        promulgated to carry out such requirements, shall be 
        construed to prohibit or impede the State from making 
        grants to, or entering into contracts with, local 
        private agencies or the advisory group;]
          (4) subject to the condition that nothing in the plan 
        requirements, or any regulations promulgated to carry 
        out those requirements, shall prohibit or impede the 
        State from making grants to, or entering into contracts 
        with, local private agencies or the advisory group, 
        provide for--
                  (A) active consultation with, and 
                participation of, units of local government or 
                combinations of those units in the development 
                of a State plan that adequately takes into 
                account the needs and requests of units of 
                local government; and
                  (B)(i) notice to an Indian tribe in any case 
                in which a juvenile member of that Indian tribe 
                comes in contact with the juvenile justice 
                system of the State or other unit of local 
                government; and
                  (ii) intervention by, the provision of 
                services by, or coordination with, such an 
                Indian tribe for any Indian juvenile member of 
                that Indian tribe in the juvenile justice 
                system of the State or other unit of local 
                government;
          (5) * * *
                  (C) to provide funds for programs of Indian 
                tribes that perform law enforcement functions 
                (as determined by the Secretary of the 
                Interior) and that agree to attempt to comply 
                with the requirements specified in paragraphs 
                (11), (12), and (13), applicable to the 
                detention and confinement of juveniles, an 
                amount that bears the same ratio to the 
                aggregate amount to be expended through 
                programs referred to in subparagraphs (A) and 
                (B) as the population under 18 years of age in 
                the geographical areas in which such tribes 
                perform such functions bears to the State 
                population under 18 years of age[,]; * * *
          (7)(A) provide for an analysis of juvenile 
        delinquency problems in, and the juvenile delinquency 
        control and delinquency prevention needs (including 
        educational needs) of, the State (including any 
        geographical area in which an Indian tribe [performs 
        law enforcement functions] has jurisdiction, or in 
        Indian country (as defined in section 1151 of title 18, 
        United Sates Code), a description of the services to be 
        provided, and a description of performance goals and 
        priorities, including a specific statement of the 
        manner in which programs are expected to meet the 
        identified juvenile crime problems (including the 
        joining of gangs that commit crimes) and juvenile 
        justice and delinquency prevention needs (including 
        educational needs) of the State; and * * *
          (8) provide for the coordination and maximum 
        utilization of [existing] evidence-based and promising 
        juvenile delinquency programs, programs operated by 
        Indian tribes, public and private agencies and 
        organizations, and other related programs (such as 
        education, special education, recreation, health, and 
        welfare programs) in the State;
          (9) * * *
                  (G) counseling, training, and mentoring 
                programs, which may be in support of academic 
                tutoring, vocational and technical training, 
                and drug and violence prevention counseling, 
                that are designed to link at-risk juveniles, 
                juvenile offenders, or juveniles who have a 
                parent or legal guardian who is or was 
                incarcerated in a Federal, State, tribal, or 
                local correctional facility or who is otherwise 
                under the jurisdiction of a Federal, State, 
                tribal, or local criminal justice system, 
                particularly juveniles residing in low-income 
                and high-crime areas and juveniles experiencing 
                educational failure, with responsible 
                individuals (such as law enforcement officials, 
                Department of Defense personnel, individuals 
                working with local businesses, and individuals 
                working with community-based and faith-based 
                organizations and agencies) who are properly 
                screened and trained; * * *
                  (L) programs that, in recognition of varying 
                degrees of the seriousness of delinquent 
                behavior and the corresponding gradations in 
                the responses of the juvenile justice system in 
                response to that behavior, are designed to--
                          (i) encourage courts to develop and 
                        implement a continuum of post-
                        adjudication restraints that bridge the 
                        gap between traditional probation and 
                        confinement in a correctional setting 
                        (including expanded use of probation, 
                        mediation, restitution, community 
                        service, treatment, home detention, 
                        intensive supervision, electronic 
                        monitoring, and similar programs, and 
                        secure community-based treatment 
                        facilities linked to other support 
                        services such as health, mental health, 
                        education (remedial and special), job 
                        training, and recreation); and
                          (ii) assist in the provision [by the 
                        provision] by the Administrator of 
                        information and technical assistance, 
                        including technology transfer, to 
                        States in the design and utilization of 
                        risk assessment mechanisms to aid 
                        juvenile justice personnel in 
                        determining appropriate sanctions for 
                        delinquent behavior; * * *
                  (R) projects designed to develop and 
                implement programs to protect the rights of 
                juveniles affected by the juvenile justice 
                system; [and]
                  (S) programs designed to provide mental 
                health services for incarcerated juveniles 
                suspected to be in need of such services, 
                including assessment, development of 
                individualized treatment plans, and discharge 
                plans[.]; and
                  (T) tribal cultural or traditional programs 
                designed to reduce delinquency among Indian 
                youth; * * *
          (20) provide reasonable assurance that Federal funds 
        made available under this part for any period will be 
        so used as to supplement and increase (but not 
        supplant) the level of the State, tribal, local, and 
        other non-Federal funds that would in the absence of 
        such Federal funds be made available for the programs 
        described in this part, and will in no event replace 
        such State, tribal, local, and other non-Federal funds;
          (21) * * *
                  (B) from time to time, but not less than 
                annually, review its plan and submit to the 
                Administrator an analysis and evaluation of the 
                effectiveness of the programs and activities 
                carried out under the plan, and any 
                modifications in the plan, including the survey 
                of State, tribal, and local needs, that it 
                considers necessary; and

           *       *       *       *       *       *       *

                        AUTHORITY TO MAKE GRANTS

SEC. 241

    (a) * * *
          (4) counseling, training, and mentoring programs, 
        which may be in support of academic tutoring, 
        vocational and technical training, and drug and 
        violence prevention counseling, that are designed to 
        link at-risk juveniles, juvenile offenders, or 
        juveniles who have a parent or legal guardian who is or 
        was incarcerated in a Federal, State, tribal, or local 
        correctional facility or who is otherwise under the 
        jurisdiction of a Federal, State, tribal, or local 
        criminal justice system, particularly juveniles 
        residing in low-income and high-crime areas and 
        juveniles experiencing educational failure, with 
        responsible individuals (such as law enforcement 
        officers, Department of Defense personnel, individuals 
        working with local businesses, and individuals working 
        with community-based and faith-based organizations and 
        agencies) who are properly screened and trained; * * *
          (22) programs to establish partnerships [between 
        State educational agencies and local educational 
        agencies] among State educational agencies, local 
        educational agencies, and Bureau funded schools (as 
        defined in section 1141 of the Education Amendments of 
        1978 (25 U.S.C. 2021)) for the design and 
        implementation of character education and training 
        programs that reflect the values of parents, teachers, 
        and local communities, and incorporate elements of good 
        character, including honesty, citizenship, courage, 
        justice, respect, personal responsibility, and 
        trustworthiness; * * *
          (24) local programs that provide for immediate 
        psychological evaluation and follow-up treatment 
        (including evaluation and treatment during a mandatory 
        holding period for not less than 24 hours) for 
        juveniles who bring a gun on school grounds without 
        permission from appropriate school authorities; [and]
          (25) tribal cultural or traditional programs designed 
        to reduce delinquency among Indian youth; and
          [(25)] (26) other activities that are likely to 
        prevent juvenile delinquency.

           *       *       *       *       *       *       *

                        ELIGIBILITY OF ENTITIES

SEC. 245

    (a) Eligibility.--Except as provided in subsection (b) of 
this section, to be eligible to receive a grant under section 
5654 of this title, a unit of general purpose local government, 
an Indian tribe, or a tribal organization acting jointly with 
not fewer than 2 private nonprofit agencies, organizations, and 
institutions that have experience dealing with juveniles, shall 
submit to the State an application that contains the following:
          (1) An assurance that such applicant will use such 
        grant, and each such grant received for the subsequent 
        fiscal year, to carry out throughout a 2-year period a 
        project or activity described in reasonable detail, and 
        of a kind described in one or more of paragraphs (1) 
        through [(25)] (26) of section 5651(a) of this title as 
        specified in, such application.

           *       *       *       *       *       *       *

      RESEARCH AND EVALUATION; STATISTICAL ANALYSES; INFORMATION 
                             DISSEMINATION

SEC. 251.

    (a) Research and Evaluation.--
          (1) * * *
                  (B) * * *
                          (ix) evaluating services, treatment, 
                        and aftercare placement of juveniles 
                        who were under the care of [the State] 
                        a State or tribal child protection 
                        system before their placement in the 
                        juvenile justice system;
                          (x) determining--
                                  (I) the frequency, 
                                seriousness, and incidence of 
                                drug use by youth in schools 
                                and communities in [the State] 
                                States or Indian tribes using, 
                                if appropriate, data submitted 
                                by [the State] States or Indian 
                                tribes pursuant to this 
                                subparagraph and subsection (b) 
                                of this section; and * * *
          (4) Not later than 1 year after November 2, 2002, the 
        Administrator shall conduct a study with respect to 
        juveniles who, prior to placement in the juvenile 
        justice system, were under the care or custody of [the 
        State child] a State or tribal child welfare system, 
        and to juveniles who are unable to return to their 
        family after completing their disposition in the 
        juvenile justice system and who remain wards of [the 
        State] a State or Indian tribe. Such study shall 
        include
                  (D) barriers faced by [State] States and 
                Indian tribes in providing services to these 
                juveniles; * * *
    (e) * * *
          (2) establish and operate, directly or by contract, a 
        clearinghouse and information center for the 
        preparation, publication, and dissemination of 
        information relating to juvenile delinquency, including 
        State, tribal, and local prevention and treatment 
        programs, plans, resources, and training and technical 
        assistance programs; and

           *       *       *       *       *       *       *

                        ADMINISTRATIVE AUTHORITY

SEC. 299

    (a) * * *
    (d) Rules, Regulations, and Procedures.--The Administrator 
is authorized, after appropriate consultation with 
representatives of States, Indian tribes, and units of local 
government, to establish such rules, regulations, and 
procedures as are necessary for the exercise of the functions 
of the Office and only to the extent necessary to ensure that 
there is compliance with the specific requirements of this 
subchapter or to respond to requests for clarification and 
guidance relating to such compliance.

           *       *       *       *       *       *       *

Incentive Grants for Local Delinquency Prevention Programs Act of 2002

           *       *       *       *       *       *       *

               GRANTS FOR DELINQUENCY PREVENTION PROGRAMS

SEC. 504

    (a) Purposes.--The Administrator may make grants to a 
State, to be transmitted through the State advisory group to 
units of local government that meet the requirements of 
subsection (b), or to federally recognized Indian [tribe] 
tribes or consortia of federally recognized Indian tribes under 
subsection (d), for delinquency prevention programs and 
activities for juveniles who have had contact with the juvenile 
justice system or who are likely to have contact with the 
juvenile justice system, including the provision to juveniles 
and their families of-- * * *
    (d) * * *
          (4) Authorization of Appropriations.--There is 
        authorized to be appropriated $25,000,000 for each of 
        fiscal years [2011 through 2015] 2017 through 2021.

                                  [all]
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