II 

Calendar No. 732 

115TH CONGRESS 

2D SESSION S. 1953 

[Report No. 115–433] 

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. 

IN THE SENATE OF THE UNITED STATES 

Mr. HOEVEN (for himself, Mr. MCCAIN, Mr. BARRASSO, Ms. MURKOWSKI, 

and Mr. DAINES) introduced the following bill; which was read twice and 

referred to the Committee on Indian Affairs 

DECEMBER 13, 2018 

Reported by Mr. HOEVEN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Tribal Law and Order Reauthorization and Amendments 

4 Act of 2018’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

TITLE I—TRIBAL LAW AND ORDER 

Sec. 101. Bureau of Indian Affairs law enforcement. 

Sec. 102. Integration and coordination of programs. 

Sec. 103. Data sharing with Indian tribes. 

Sec. 104. Judicial administration in Indian country. 

Sec. 105. Federal notice. 

Sec. 106. Detention facilities. 

Sec. 107. Reauthorization for tribal courts training. 

Sec. 108. Amendments to the Indian Civil Rights Act. 

Sec. 109. Public defenders. 

Sec. 110. Offenses in Indian country: trespass on Indian land. 

Sec. 111. Resources for public safety in Indian communities; drug trafficking 

prevention. 

Sec. 112. Substance abuse prevention tribal action plans. 

Sec. 113. Office of Justice Services spending report. 

TITLE II—IMPROVING JUSTICE FOR INDIAN YOUTH 

Sec. 201. Federal jurisdiction over Indian juveniles. 

Sec. 202. Reauthorization of tribal youth programs. 

Sec. 203. Assistance for Indian tribes relating to juvenile crime. 

Sec. 204. Coordinating Council on Juvenile Justice and Delinquency Prevention. 

Sec. 205. Grants for delinquency prevention programs. 

7 SEC. 2. FINDINGS. 

8 Congress finds that— 

9 (1) the Tribal Law and Order Act of 2010 (25 

10 U.S.C. 2801 note; Public Law 111–211) was en11 acted to enhance law enforcement services, encour12 age interagency cooperation, and improve Federal 


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1 accountability for public safety in Indian commu2 nities; 

3 (2) in 2013, the Bureau of Indian Affairs re4 ported increases in property crimes and violent 

5 crimes in Indian country; 

6 (3) according to the Department of Justice, in 

7 2014, 34 percent of the total Indian country crimi8 nal matters submitted for prosecution were declined, 

9 a percentage that has not decreased significantly 

10 since the date of enactment of the Tribal Law and 

11 Order Act of 2010 (25 U.S.C. 2801 note; Public 

12 Law 111–211) and has remained fairly steady; 

13 (4) drug and alcohol abuse is a key contributing 

14 factor to violence and crime in Indian communities; 

15 (5) substance abuse prevention and treatment, 

16 including detention-based treatment, are critical to 

17 reducing the rates of recidivism in Indian commu18 nities; 

19 (6) during the period beginning in 2010 and 

20 ending on the date of enactment of this Act, the 

21 number of law enforcement officers working on pub22 lic safety in Indian country has slightly increased, 

23 but according to the Bureau of Indian Affairs, only 

24 approximately 43 percent of the total need for those 

25 officers is currently being met; 


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1 (7) for a period of more than 40 years prior to 

2 the date of enactment of this Act, the Shadow 

3 Wolves, a special unit of tactical officers of the U.S. 

4 Immigration and Customs Enforcement, have been 

5 deployed throughout the Tohono O’odham Nation 

6 reservation in Arizona and have been operating in 

7 an area— 

8 (A) of more than 5,000 square miles of 

9 vast, desert, tribal land in the Southwest, 75 

10 square miles of which is an area located along 

11 the United States border with Mexico; 

12 (B) in which approximately 28,000 Indians 

13 reside; and 

14 (C) that has been targeted by criminal or15 ganizations for use as a major corridor to de16 liver contraband from Mexico to locations 

17 throughout the United States, including other 

18 Indian reservations; 

19 (8) many Bureau of Indian Affairs and tribal 

20 detention facilities continue to operate in over21 crowded conditions; 

22 (9) tribes continue to encounter barriers to ac23 cessing and entering information into national crime 

24 information databases for criminal and civil pur25 poses and additional options are needed to ensure 


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1 Indian tribes can fully participate in the 2-way shar2 ing of criminal justice information so that all tribal 

3 justice and public safety agencies have access to the 

4 data needed to keep their communities safe; 

5 (10) American Indian and Alaska Native juve6 niles are overrepresented in Federal and State juve7 nile justice systems; 

8 (11) there is a lack of training (including trau9 ma-informed training and practices), collaboration, 

10 communication, and cooperation among government 

11 agencies regarding juvenile justice for Indian youth; 

12 (12) tribal youth in the Federal justice sys13 tem— 

14 (A) may spend more time in secure con15 finement than youth in State justice systems, 

16 sometimes by several years; and 

17 (B) may be placed in facilities located far 

18 away from the communities and families of the 

19 tribal youth; and 

20 (13) appropriate services for tribal youth in the 

21 Federal and tribal justice systems are unavailable. 


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1 TITLE I—TRIBAL LAW AND 

2 ORDER 

3 SEC. 101. BUREAU OF INDIAN AFFAIRS LAW ENFORCE4 MENT. 

5 (a) SPENDING REPORT.—Section 3(c) of the Indian 

6 Law Enforcement Reform Act (25 U.S.C. 2802(c)) is 

7 amended— 

8 (1) by striking paragraph (13); 

9 (2) by redesignating paragraphs (14) through 

10 (18) as paragraphs (13) through (17), respectively; 

11 and 

12 (3) in subparagraph (C) of paragraph (15) (as 

13 redesignated)— 

14 (A) by inserting ‘‘(for which any tribal in15 formation may be summarized by State)’’ after 

16 ‘‘a list’’; and 

17 (B) by striking ‘‘and public safety and 

18 emergency communications and technology 

19 needs’’ and inserting ‘‘public safety and emer20 gency communications and technology needs, 

21 and other administrative and supporting needs 

22 of program operations, including information 

23 technology and other equipment, travel, and 

24 training’’. 


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1 (b) ENFORCEMENT OF REPORTING REQUIRE2 MENTS.—Section 3 of the Indian Law Enforcement Re3 form Act (25 U.S.C. 2802) is amended by adding at the 

4 end the following: 

5 ‘‘(g) ENFORCEMENT OF REPORTING REQUIRE6 MENTS.— 

7 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

8 on the failure of the Director of the Office of Justice 

9 Services to submit a report in accordance with para10 graph (15) or (16) of subsection (c), the Secretary 

11 shall withhold funding for the Office of the Assistant 

12 Secretary for Indian Affairs used for the administra13 tion of services, including functional expenses such 

14 as overtime, personnel salaries, and associated bene15 fits or related tasks that directly affect those func16 tions, to the extent that the withholding does not ad17 versely impact the capacity of the Secretary to pro18 vide law enforcement services in Indian communities 

19 in accordance with this Act. 

20 ‘‘(2) RESTORATION.—The Secretary shall re21 store funding withheld in accordance with paragraph 

22 (1) on submission of the applicable report in accord23 ance with paragraph (15) or (16) of subsection (c).’’. 


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1 (c) ALLOWANCE FOR RENTALS OF QUARTERS AND

2 FACILITIES.—Section 8 of the Indian Law Enforcement 

3 Reform Act (25 U.S.C. 2807) is amended— 

4 (1) by striking the section heading and designa5 tion and all that follows through ‘‘Notwithstanding 

6 the limitation’’ and inserting the following: 

7 ‘‘SEC. 8. ALLOWANCES. 

8 ‘‘(a) UNIFORMS.—Notwithstanding the limitation’’; 

9 and 

10 (2) by adding at the end the following: 

11 ‘‘(b) RENTALS FOR QUARTERS AND FACILITIES.— 

12 Notwithstanding section 5911 of title 5, United States 

13 Code, the Secretary, on recommendation of the Director 

14 of the Office of Justice Services, shall establish applicable 

15 rental rates for quarters and facilities for employees of the 

16 Office of Justice Services.’’. 

17 (d) LAW ENFORCEMENT AND JUDICIAL TRAINING.— 

18 Section 4218(b) of the Indian Alcohol and Substance 

19 Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 

20 2451(b)) is amended by striking ‘‘2011 through 2015’’ 

21 and inserting ‘‘2018 through 2022’’. 

22 (e) PUBLIC SAFETY AND COMMUNITY POLICING

23 GRANTS.—Section 1701(j) of the Omnibus Crime Control 

24 and Safe Streets Act of 1968 (42 U.S.C. 3796dd(j)) is 

25 amended— 


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1 (1) in paragraph (1), by striking ‘‘any fiscal 

2 year’’ and inserting ‘‘each fiscal year’’; and 

3 (2) in paragraph (4), by striking ‘‘2011 

4 through 2015’’ and inserting ‘‘2018 through 2022’’. 

5 SEC. 102. INTEGRATION AND COORDINATION OF PRO6 GRAMS. 

7 (a) IN GENERAL.— 

8 (1) CONSULTATION.—Not later than 1 year 

9 after the date of enactment of this Act, the Sec10 retary of the Interior, the Secretary of Health and 

11 Human Services, and the Attorney General shall 

12 consult with Indian tribes regarding— 

13 (A) the feasibility and effectiveness of the 

14 establishment of base funding for, and the inte15 gration and consolidation of, Federal law en16 forcement, public safety, and substance abuse 

17 and mental health programs for which Indian 

18 tribes are eligible, for the purposes of coordi19 nating the programs, reducing administrative 

20 costs, and improving services for Indian tribes, 

21 individual Indians, and Indian communities; 

22 (B) the use of a single application and re23 porting system for the consolidated approach 

24 described in subparagraph (A); 


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1 (C) the application of chapter 75 of title 

2 31, United States Code (commonly known as 

3 the ‘‘Single Audit Act’’) to the consolidated ap4 proach described in subparagraph (A); 

5 (D) the methodology for interagency trans6 fer of funds for the consolidated approach de7 scribed in subparagraph (A); 

8 (E) the method for Federal oversight for 

9 the consolidated approach described in subpara10 graph (A); and 

11 (F) any legal or administrative barriers to 

12 the implementation of the consolidated ap13 proach described in subparagraph (A). 

14 (2) RESPONSIBILITIES.—As part of the con15 sultation described in paragraph (1), each applicable 

16 unit of the Department of the Interior, the Depart17 ment of Health and Human Services, and the De18 partment of Justice shall identify— 

19 (A) each program under the jurisdiction of 

20 that unit for which an Indian tribe may be eli21 gible; and 

22 (B) the regulations governing each pro23 gram described in subparagraph (A). 

24 (3) SUBMISSION OF PLAN.—Not later than 18 

25 months after the date of enactment of this Act, the 


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1 Secretary of the Interior, the Secretary of Health 

2 and Human Services, and the Attorney General shall 

3 jointly submit to the Committee on Indian Affairs of 

4 the Senate, the Committee on Natural Resources of 

5 the House of Representatives, and the Committee on 

6 the Judiciary of the House of Representatives a plan 

7 that includes— 

8 (A) the findings of the consultation de9 scribed in paragraph (1); 

10 (B) the programs identified in accordance 

11 with paragraph (2); and 

12 (C) any legal or administrative barriers to 

13 the implementation of the consolidated ap14 proach described in paragraph (1)(A). 

15 (b) PROGRAM EVALUATION.—Not later than 18 

16 months after the date of enactment of this Act, the Attor17 ney General shall conduct an evaluation of and submit to 

18 Committee on Indian Affairs of the Senate, the Committee 

19 on Natural Resources of the House of Representatives, the 

20 Committee on the Judiciary of the Senate, and the Com21 mittee on the Judiciary of the House of Representatives 

22 a report on— 

23 (1) law enforcement grants and other resources 

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1 ments under current requirements encouraging 

2 intergovernmental cooperation; 

3 (2) benefits of, barriers to, and the need for 

4 intergovernmental cooperation between State, local, 

5 and tribal governments; and 

6 (3) recommendations for incentivizing intergov7 ernmental cooperation, including any legislation or 

8 regulations needed to achieve those incentives. 

9 (c) INTERAGENCY COORDINATION AND COOPERA10 TION.— 

11 (1) MEMORANDUM OF AGREEMENT.— 

12 (A) IN GENERAL.—Not later than 18 

13 months after the date of enactment of this Act, 

14 the Attorney General, acting through the Bu15 reau of Prisons, the Secretary of the Interior, 

16 acting through the Office of Justice Services, 

17 Bureau of Indian Affairs, and the Secretary of 

18 Health and Human Services shall enter into a 

19 Memorandum of Agreement to cooperate, con20 fer, transfer funds, share resources and, as per21 mitted by law, information on matters relating 

22 to the detention of Indian inmates, the reduc23 tion of recidivism (including through substance 

24 abuse treatment and mental and health care 


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1 services), and the lease or loan of facilities, 

2 technical assistance, training, and equipment. 

3 (B) STRATEGIES AND BEST PRACTICES.— 

4 Not later than 2 years after the date of enact5 ment of this Act, the Attorney General, the Sec6 retary of the Interior, and the Secretary of 

7 Health and Human Services shall enter into a 

8 Memorandum of Agreement to develop, share, 

9 and implement effective strategies, best prac10 tices, and resources, and transfer funds, to im11 prove the re-entry of Indian inmates into Indian 

12 communities after incarceration. 

13 (2) REQUIREMENTS.—Not later than 1 year 

14 after the date of enactment of this Act, the Attorney 

15 General, the Secretary of the Interior, and the Sec16 retary of Health and Human Services shall— 

17 (A) consult with and solicit comments from 

18 entities as described in section 4205(c) of the 

19 Indian Alcohol and Substance Abuse Prevention 

20 and Treatment Act of 1986 (25 U.S.C. 

21 2411(c)); and 

22 (B) submit to the Committee on Indian Af23 fairs of the Senate, the Committee on Natural 

24 Resources of the House of Representatives, the 

25 Committee on the Judiciary of the Senate, and 


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1 the Committee on the Judiciary of the House of 

2 Representatives a report regarding any legal or 

3 regulatory impediments to carrying out sub4 paragraphs (A) and (B) of paragraph (1). 

5 (3) REPORT.—Not later than 4 years after the 

6 date of enactment of this Act, the Attorney General, 

7 the Secretary of the Interior, and the Secretary of 

8 Health and Human Services shall submit to the 

9 Committee on Indian Affairs of the Senate, the 

10 Committee on Natural Resources of the House of 

11 Representatives, the Committee on the Judiciary of 

12 the Senate, and the Committee on the Judiciary of 

13 the House of Representatives a report regarding the 

14 implementation of the Memoranda of Agreement 

15 under subparagraphs (A) and (B) of paragraph (1). 

16 SEC. 103. DATA SHARING WITH INDIAN TRIBES. 

17 (a) INFORMATION SHARING WITH INDIAN TRIBES.— 

18 Section 534(d) of title 28, United States Code, is amend19 ed— 

20 (1) by redesignating paragraphs (1) and (2) as 

21 subparagraphs (A) and (B), respectively, and indent22 ing appropriately; 

23 (2) in the matter preceding subparagraph (A) 

24 (as so redesignated), by striking ‘‘The Attorney Gen25 eral’’ and inserting the following: 


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1 ‘‘(1) IN GENERAL.—The Attorney General’’; 

2 and 

3 (3) by adding at the end the following: 

4 ‘‘(2) TRIBAL ACCESS PROGRAM.—Out of any 

5 funds available and not otherwise obligated, the At6 torney General shall establish and carry out a tribal 

7 access program to enhance the ability of tribal gov8 ernments to access, enter information into, and ob9 tain information from, Federal criminal information 

10 databases as authorized under this section. 

11 ‘‘(3) INFORMATION SHARING.—Any report 

12 issued as a result of the analysis of information en13 tered into Federal criminal information databases or 

14 obtained from Federal criminal databases, including 

15 for the purpose of conducting background checks, 

16 shall be shared with Indian tribes of jurisdiction.’’. 

17 (b) ACCESS TO NATIONAL CRIMINAL INFORMATION

18 DATABASES.—Section 233(b) of the Tribal Law and 

19 Order Act of 2010 (28 U.S.C. 534 note; Public Law 111– 

20 211) is amended by striking paragraph (1) and inserting 

21 the following: 

22 ‘‘(1) IN GENERAL.—The Attorney General shall 

23 ensure that— 

24 ‘‘(A) tribal law enforcement officials that 

25 meet applicable Federal or State requirements 


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1 be permitted access to national crime informa2 tion databases; 

3 ‘‘(B) technical assistance and training to 

4 Bureau of Indian Affairs and tribal law en5 forcement officials is provided to gain access 

6 and input authority to use the National Crimi7 nal Information Center and other national 

8 crime information databases pursuant to sec9 tion 534 of title 28, United States Code; and 

10 ‘‘(C) the Federal Bureau of Investigation 

11 coordinates with the Office of Justice Services, 

12 Bureau of Indian Affairs, to ensure Indian trib13 al law enforcement agencies are assigned appro14 priate credentials or ORI numbers for uniform 

15 crime reporting purposes.’’. 

16 (c) BUREAU OF JUSTICE STATISTICS.—Section 

17 302(d) of the Omnibus Crime Control and Safe Streets 

18 Act of 1968 (42 U.S.C. 3732(d)) is amended— 

19 (1) by striking the subsection designation and 

20 all that follows through ‘‘To ensure’’ in paragraph 

21 (1) and inserting the following: 

22 ‘‘(d) JUSTICE STATISTICAL COLLECTION, ANALYSIS, 

23 AND DISSEMINATION.— 

24 ‘‘(1) IN GENERAL.—To ensure’’; 

25 (2) in paragraph (1)— 


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1 (A) in subparagraph (E), by striking 

2 ‘‘and’’ at the end; 

3 (B) in subparagraph (F), by striking the 

4 period at the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(G) confer and cooperate with the Bureau 

7 of Indian Affairs as needed to carry out the 

8 purposes of this part, including by entering into 

9 cooperative resource and data sharing agree10 ments in conformity with all laws and regula11 tions applicable to the disclosure and use of 

12 data.’’; and 

13 (3) in paragraph (2)— 

14 (A) by striking ‘‘The Director’’ and insert15 ing the following: 

16 ‘‘(A) IN GENERAL.—The Director’’; and 

17 (B) by adding at the end the following: 

18 ‘‘(B) INFORMATION SHARING REQUIRE19 MENT.—Analysis of the information collected 

20 under subparagraph (A) shall be shared with 

21 the Indian tribe that provided the information 

22 that was collected.’’. 

23 (d) REPORTS TO TRIBES.—Section 10(b) of the In24 dian Law Enforcement Reform Act (25 U.S.C. 2809(b)) 

25 is amended— 


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1 (1) in paragraph (1)— 

2 (A) in subparagraph (B), by redesignating 

3 clauses (i) and (ii) as subclauses (I) and (II), 

4 respectively, and indenting appropriately; and 

5 (B) by redesignating subparagraphs (A) 

6 and (B) as clauses (i) and (ii), respectively, and 

7 indenting appropriately; 

8 (2) by redesignating paragraphs (1) and (2) as 

9 subparagraphs (A) and (B), respectively, and indent10 ing appropriately; 

11 (3) in the matter preceding subparagraph (A) 

12 (as so redesignated), by striking ‘‘The Attorney Gen13 eral’’ and inserting the following: 

14 ‘‘(1) IN GENERAL.—The Attorney General’’; 

15 and 

16 (4) by adding at the end the following: 

17 ‘‘(2) CONSULTATION.—Not later than 1 year 

18 after the date of enactment of the Tribal Law and 

19 Order Reauthorization and Amendments Act of 

20 2018, the Attorney General shall consult with Indian 

21 tribes, including appropriate tribal justice officials, 

22 regarding— 

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1 formation reported, and the reporting system; 

2 and 

3 ‘‘(B) improvements to the processes for the 

4 satisfaction of the requirements for coordination 

5 described in paragraphs (1) and (3) of sub6 section (a), or to the reporting requirements 

7 under paragraph (1). 

8 ‘‘(3) ENFORCEMENT OF REPORTING REQUIRE9 MENTS.— 

10 ‘‘(A) IN GENERAL.—Subject to subpara11 graph (B), on the failure of the Attorney Gen12 eral to submit a report in accordance with para13 graph (1), the Attorney General shall withhold 

14 funding for the Director of the Federal Bureau 

15 of Investigation and the Director of the Execu16 tive Office for United States Attorneys used for 

17 the administration of services, including func18 tional expenses such as overtime, personnel sal19 aries, and associated benefits or related tasks 

20 that directly affect those functions, to the ex21 tent that the withholding does not adversely im22 pact the capacity of the Attorney General to 

23 provide law enforcement, investigation, or pros24 ecution services. 


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1 ‘‘(B) RESTORATION.—The Attorney Gen2 eral shall restore funding withheld in accord3 ance with subparagraph (A) on submission of 

4 the applicable report in accordance with para5 graph (1).’’. 

6 SEC. 104. JUDICIAL ADMINISTRATION IN INDIAN COUNTRY. 

7 (a) BUREAU OF PRISONS TRIBAL PRISONER PRO8 GRAM.—Section 234(c) of the Tribal Law and Order Act 

9 of 2010 (25 U.S.C. 1302 note; Public Law 111–211) is 

10 amended— 

11 (1) in paragraph (5), by striking ‘‘3 years after 

12 the date of establishment of the pilot program’’ and 

13 inserting ‘‘5 years after the date of enactment of the 

14 Tribal Law and Order Reauthorization and Amend15 ments Act of 2018’’; 

16 (2) by redesignating paragraph (6) as para17 graph (7); 

18 (3) by inserting after paragraph (5) the fol19 lowing: 

20 ‘‘(6) CONSULTATION.—Not later than 1 year 

21 after the date of enactment of the Tribal Law and 

22 Order Reauthorization and Amendments Act of 

23 2018, the Director of the Bureau of Prisons and the 

24 Director of the Office of Justice Services of the Bu25 reau of Indian Affairs shall coordinate and consult 


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1 with Indian tribes to develop improvements in imple2 menting the pilot program, including intergovern3 mental communication, training, processes, and 

4 other subject matters as appropriate.’’; and 

5 (4) in paragraph (7) (as redesignated), by strik6 ing ‘‘paragraph shall expire on the date that is 4 

7 years after the date on which the program is estab8 lished’’ and inserting ‘‘subsection shall expire on the 

9 date that is 7 years after the date of enactment of 

10 the Tribal Law and Order Reauthorization and 

11 Amendments Act of 2018’’. 

12 (b) CONSULTATION FOR JUVENILE JUSTICE RE13 FORM.—Section 3 of the Indian Law Enforcement Reform 

14 Act (25 U.S.C. 2802) (as amended by section 101(b)) is 

15 amended by adding at the end the following: 

16 ‘‘(h) CONSULTATION FOR JUVENILE JUSTICE RE17 FORM.—Not later than 1 year after date of enactment of 

18 this subsection, the Director of the Bureau of Indian Af19 fairs, the Director of the Bureau of Prisons, the Director 

20 of the Indian Health Service, the Administrator of the Of21 fice of Juvenile Justice and Delinquency Prevention, and 

22 the Administrator of the Substance Abuse and Mental 

23 Health Services Administration shall consult with Indian 

24 tribes regarding Indian juvenile justice and incarceration, 

25 including— 


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1 ‘‘(1) the potential for using Bureau of Indian 

2 Affairs or tribal juvenile facilities for the incarcer3 ation of Indian youth in the Federal system as alter4 native locations closer to the communities of the In5 dian youth; 

6 ‘‘(2) improving community-based options for 

7 the services needed and available for Indian youth in 

8 Federal incarceration; 

9 ‘‘(3) barriers to the use of— 

10 ‘‘(A) alternatives to incarceration; or 

11 ‘‘(B) cross-agency services for Indian 

12 youth in incarceration; and 

13 ‘‘(4) the application of the Federal sentencing 

14 guidelines to Indian youth.’’. 

15 SEC. 105. FEDERAL NOTICE. 

16 Section 10 of the Indian Law Enforcement Reform 

17 Act (25 U.S.C. 2809) is amended by adding at the end 

18 the following: 

19 ‘‘(d) FEDERAL NOTICE.—On conviction in any dis20 trict court of the United States of an enrolled member 

21 of a federally recognized Indian tribe, the Office of the 

22 United States Attorney for the district in which the mem23 ber was convicted shall provide to the appropriate tribal 

24 justice official notice of the conviction and any other perti25 nent information.’’. 


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1 SEC. 106. DETENTION FACILITIES. 

2 (a) INDIAN LAW ENFORCEMENT REFORM ACT.— 

3 Section 3 of the Indian Law Enforcement Reform Act (25 

4 U.S.C. 2802) (as amended by section 104(b)) is amended 

5 by adding at the end the following: 

6 ‘‘(i) ALTERNATIVES TO DETENTION.—In carrying 

7 out the responsibilities of the Secretary under this Act or 

8 title II of Public Law 90–284 (commonly known as the 

9 ‘Indian Civil Rights Act of 1968’) (25 U.S.C. 1301 et 

10 seq.), the Secretary shall authorize an Indian tribe car11 rying out a contract or compact pursuant to the Indian 

12 Self-Determination and Education Assistance Act (25 

13 U.S.C. 5304 et seq.), on request of the Indian tribe, to 

14 use any available detention funding from the contract or 

15 compact for such appropriate alternatives to detention to 

16 which the Indian tribe and Secretary, acting through the 

17 Director of the Office of Justice Services, mutually 

18 agree.’’. 

19 (b) INDIAN TRIBAL JUSTICE ACT.—Section 103 of 

20 the Indian Tribal Justice Act (25 U.S.C. 3613) is amend21 ed— 

22 (1) by redesignating subsection (c) as sub23 section (d); and 

24 (2) by inserting after subsection (b) the fol25 lowing: 


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1 ‘‘(c) ALTERNATIVES TO DETENTION.—In carrying 

2 out the responsibilities of the Secretary under this Act or 

3 title II of Public Law 90–284 (commonly known as the 

4 ‘Indian Civil Rights Act of 1968’) (25 U.S.C. 1301 et 

5 seq.), the Secretary shall authorize an Indian tribe car6 rying out a contract or compact pursuant to the Indian 

7 Self-Determination and Education Assistance Act (25 

8 U.S.C. 5304 et seq.), on request of the Indian tribe, to 

9 use any available detention funding from the contract or 

10 compact for such appropriate alternatives to detention to 

11 which the Indian tribe and Secretary, acting through the 

12 Director of the Office of Justice Services, mutually 

13 agree.’’. 

14 (c) JUVENILE DETENTION CENTERS.—Section 

15 4220(b) of the Indian Alcohol and Substance Abuse Pre16 vention and Treatment Act of 1986 (25 U.S.C. 2453(b)) 

17 is amended by striking ‘‘2011 through 2015’’ each place 

18 it appears and inserting ‘‘2018 through 2022’’. 

19 (d) PAYMENTS FOR INCARCERATION ON TRIBAL

20 LAND.—Section 20109(a) of the Violent Crime Control 

21 and Law Enforcement Act of 1994 (34 U.S.C. 12109) is 

22 amended by striking ‘‘2011 through 2015’’ and inserting 

23 ‘‘2018 through 2022’’. 


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1 SEC. 107. REAUTHORIZATION FOR TRIBAL COURTS TRAIN2 ING. 

3 (a) TRIBAL JUSTICE SYSTEMS.—Section 201 of the 

4 Indian Tribal Justice Act (25 U.S.C. 3621) is amended 

5 by striking ‘‘2011 through 2015’’ each place it appears 

6 and inserting ‘‘2018 through 2022’’. 

7 (b) TECHNICAL AND LEGAL ASSISTANCE.— 

8 (1) AUTHORIZATION OF APPROPRIATIONS.— 

9 Section 107 of the Indian Tribal Justice Technical 

10 and Legal Assistance Act of 2000 (25 U.S.C. 3666) 

11 is amended by striking ‘‘2011 through 2015’’ and 

12 inserting ‘‘2018 through 2022’’. 

13 (2) GRANTS.—Section 201(d) of the Indian 

14 Tribal Justice Technical and Legal Assistance Act of 

15 2000 (25 U.S.C. 3681(d)) is amended by striking 

16 ‘‘2011 through 2015’’ and inserting ‘‘2018 through 

17 2022’’. 

18 SEC. 108. AMENDMENTS TO THE INDIAN CIVIL RIGHTS ACT. 

19 (a) CONSTITUTIONAL RIGHTS.—Section 202(a)(10) 

20 of Public Law 90–284 (commonly known as the ‘‘Indian 

21 Civil Rights Act of 1968’’) (25 U.S.C. 1302(a)(10)) is 

22 amended by inserting ‘‘for 180 days or more’’ after ‘‘pun23 ishable by imprisonment’’. 

24 (b) RIGHTS OF DEFENDANTS.—Section 204(d)(3) of 

25 Public Law 90–284 (commonly known as the ‘‘Indian Civil 

26 Rights Act of 1968’’) (25 U.S.C. 1304(d)(3)) is amended 


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1 in the matter preceding subparagraph (A), by striking 

2 ‘‘the right’’ and inserting ‘‘if a term of imprisonment of 

3 180 days or more may be imposed, the right’’. 

4 SEC. 109. PUBLIC DEFENDERS. 

5 The Indian Law Enforcement Reform Act is amend6 ed by inserting after section 13 (25 U.S.C. 2810) the fol7 lowing: 

8 ‘‘SEC. 13A. TRIBAL LIAISONS. 

9 ‘‘(a) APPOINTMENT.— 

10 ‘‘(1) IN GENERAL.—The Federal Public De11 fender for each district that includes Indian country 

12 shall appoint not less than 1 assistant Federal Pub13 lic Defender to serve as a tribal liaison for the dis14 trict. 

15 ‘‘(2) SENSE OF CONGRESS.—It is the sense of 

16 Congress that in appointing tribal liaisons under 

17 paragraph (1), the Federal Public Defender should 

18 consult with tribal justice officials from each Indian 

19 tribe that would be affected by the appointment. 

20 ‘‘(b) DUTIES.— 

21 ‘‘(1) IN GENERAL.—The duties of a tribal liai22 son shall include the following: 

23 ‘‘(A) Developing working relationships and 

24 maintaining communication with tribal leaders 

25 and tribal community, including the interchange 


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1 and understanding of cultural issues that may 

2 impact the effective assistance of counsel. 

3 ‘‘(B) Providing technical assistance and 

4 training regarding criminal defense techniques 

5 and strategies, forensics, and reentry programs 

6 and strategies for responding to crimes occur7 ring in Indian country. 

8 ‘‘(2) SENSE OF CONGRESS.—It is the sense of 

9 Congress that— 

10 ‘‘(A) in evaluating the performance of trib11 al liaisons, and as part of the staffing formulas 

12 for Federal Defenders, the Administrative Of13 fice of the United States Courts should take 

14 into consideration the multiple duties of tribal 

15 liaisons described in paragraph (1); and 

16 ‘‘(B) the Director of the Administrative 

17 Office of the United States Courts and the At18 torney General should work together to ensure 

19 that each district that includes Indian country 

20 has sufficient resources to provide adequate 

21 representation.’’. 

22 SEC. 110. OFFENSES IN INDIAN COUNTRY: TRESPASS ON IN23 DIAN LAND. 

24 Section 1165 of title 18, United States Code, is 

25 amended— 


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1 (1) in the section heading, by striking ‘‘Hunt2 ing, trapping, or fishing’’ and inserting 

3 ‘‘Criminal trespass’’; 

4 (2) by inserting ‘‘(referred to in this section as 

5 ‘tribal land’)’’ after ‘‘for Indian use’’; 

6 (3) by striking ‘‘Whoever, without lawful au7 thority’’ and inserting the following: 

8 ‘‘(a) HUNTING, TRAPPING, OR FISHING ON INDIAN

9 LAND.—Whoever, without lawful authority’’; and 

10 (4) by adding at the end the following: 

11 ‘‘(b) VIOLATION OF TRIBAL EXCLUSION ORDER.— 

12 ‘‘(1) DEFINITION OF EXCLUSION ORDER.—In 

13 this subsection, the term ‘exclusion order’ means an 

14 order issued in a proceeding by a court of an Indian 

15 tribe that temporarily or permanently excludes a 

16 person from tribal land because of a conviction 

17 under the criminal laws of the tribal government— 

18 ‘‘(A) for a violent crime (as defined under 

19 applicable tribal law); or 

20 ‘‘(B) for the sale or distribution of con21 trolled substances. 

22 ‘‘(2) VIOLATION DESCRIBED.—It shall be un23 lawful for any person to knowingly violate the terms 

24 of an exclusion order that was issued by a court of 

25 an Indian tribe in accordance with paragraph (4). 


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1 ‘‘(3) PENALTY.—Any person who violates para2 graph (2) shall be fined up to $5,000 or imprisoned 

3 for up to 1 year, or both. 

4 ‘‘(4) REQUIREMENTS.—The violation described 

5 in paragraph (2) applies only to an exclusion 

6 order— 

7 ‘‘(A) for which— 

8 ‘‘(i) the respondent was served with, 

9 or had actual notice of, the underlying 

10 complaint; and 

11 ‘‘(ii) the underlying complaint in12 cluded— 

13 ‘‘(I) a plain statement of facts 

14 that, if true, would provide the basis 

15 for the issuance of an exclusion order 

16 against the respondent; 

17 ‘‘(II) the date, time, and place 

18 for a hearing on the complaint; and 

19 ‘‘(III) a statement informing the 

20 respondent that if the respondent fails 

21 to appear at the hearing on the com22 plaint, an order may issue, the viola23 tion of which may result in— 

24 ‘‘(aa) criminal prosecution 

25 under Federal law; and 


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1 ‘‘(bb) the imposition of a 

2 fine or imprisonment, or both; 

3 ‘‘(B) for which a hearing on the underlying 

4 complaint sufficient to protect the right of the 

5 respondent to due process was held on the 

6 record, at which the respondent was provided 

7 an opportunity to be heard and present testi8 mony of witnesses and other evidence as to why 

9 the order should not issue; 

10 ‘‘(C) that— 

11 ‘‘(i) temporarily or permanently ex12 cludes the respondent from tribal land 

13 under the jurisdiction of the applicable In14 dian tribe; and 

15 ‘‘(ii) includes a statement that a viola16 tion of the order may result in— 

17 ‘‘(I) criminal prosecution under 

18 Federal law; and 

19 ‘‘(II) the imposition of a fine or 

20 imprisonment, or both; and 

21 ‘‘(D) with which the respondent was served 

22 or of which the respondent had actual notice.’’. 

23 SEC. 111. RESOURCES FOR PUBLIC SAFETY IN INDIAN COM24 MUNITIES; DRUG TRAFFICKING PREVENTION. 

25 (a) SHADOW WOLVES.— 


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1 (1) IN GENERAL.—There is established within 

2 the Bureau of Immigration and Customs Enforce3 ment of the Department of Homeland Security a di4 vision to be known as the ‘‘Shadow Wolves Divi5 sion’’. 

6 (2) DUTIES.—The Shadow Wolves Division 

7 shall— 

8 (A) carry out such duties as are assigned 

9 by the Director of the Bureau of Immigration 

10 and Customs Enforcement; and 

11 (B) in carrying out those duties, coordi12 nate with the Bureau of Indian Affairs and 

13 other applicable Federal agencies and State and 

14 tribal governments. 

15 (b) REAUTHORIZATION OF FUNDING TO COMBAT IL16 LEGAL NARCOTICS TRAFFICKING.—Section 4216 of the 

17 Indian Alcohol and Substance Abuse Prevention and 

18 Treatment Act of 1986 (25 U.S.C. 2442) is amended by 

19 striking ‘‘2011 through 2015’’ each place it appears and 

20 inserting ‘‘2018 through 2022’’. 

21 (c) MAINTENANCE OF CERTAIN INDIAN RESERVA22 TION ROADS.—The Commissioner of U.S. Customs and 

23 Border Protection may transfer funds to the Director of 

24 the Bureau of Indian Affairs to maintain or repair roads 

25 under the jurisdiction of the Director, on the condition 


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1 that the Commissioner and the Director mutually agree 

2 that the primary user of the subject road is U.S. Customs 

3 and Border Protection. 

4 SEC. 112. SUBSTANCE ABUSE PREVENTION TRIBAL ACTION 

5 PLANS. 

6 (a) INTER-DEPARTMENTAL MEMORANDUM OF

7 AGREEMENT.—Section 4205(a) of the Indian Alcohol and 

8 Substance Abuse Prevention and Treatment Act of 1986 

9 (25 U.S.C. 2411(a)) is amended— 

10 (1) in the matter preceding paragraph (1), by 

11 inserting ‘‘the Secretary of Agriculture, the Sec12 retary of Housing and Urban Development,’’ after 

13 ‘‘the Attorney General,’’; 

14 (2) in paragraph (2)(A), by inserting ‘‘the De15 partment of Agriculture, the Department of Housing 

16 and Urban Development,’’ after ‘‘Services Adminis17 tration,’’; 

18 (3) in paragraph (5), by inserting ‘‘the Depart19 ment of Agriculture, the Department of Housing 

20 and Urban Development,’’ after ‘‘Services Adminis21 tration,’’; and 

22 (4) in paragraph (7) by inserting ‘‘the Sec23 retary of Agriculture, the Secretary of Housing and 

24 Urban Development,’’ after ‘‘the Attorney General,’’. 


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1 (b) REAUTHORIZATION OF TRIBAL ACTION PLANS

2 FUNDS.—Section 4206(d)(2) of the Indian Alcohol and 

3 Substance Abuse Prevention and Treatment Act of 1986 

4 (25 U.S.C. 2412(d)(2)) is amended by striking ‘‘2011 

5 through 2015’’ and inserting ‘‘2018 through 2022’’. 

6 (c) GRANTS FOR TRAINING, EDUCATION, AND PRE7 VENTION PROGRAMS.—Section 4206(f)(3) of the Indian 

8 Alcohol and Substance Abuse Prevention and Treatment 

9 Act of 1986 (25 U.S.C. 2412(f)(3)) is amended by striking 

10 ‘‘2011 through 2015’’ and inserting ‘‘2018 through 

11 2022’’. 

12 SEC. 113. OFFICE OF JUSTICE SERVICES SPENDING RE13 PORT. 

14 Section 3(c)(16)(C) of the Indian Law Enforcement 

15 Reform Act (25 U.S.C. 2802(c)(16)(C)) is amended by in16 serting ‘‘health care, behavioral health, and tele-health 

17 needs at tribal jails,’’ after ‘‘court facilities,’’. 

18 SEC. 114. TRAFFICKING VICTIMS PROTECTION. 

19 Section 107(f)(3) of the Trafficking Victims Protec20 tion Act of 2000 (22 U.S.C. 7105(f)(3)) is amended by 

21 adding at the end the following: 

22 ‘‘(C) REPORT.—For each grant awarded 

23 under this subsection and for each pilot pro24 gram authorized or implemented under this sec25 tion, the Secretary of Health and Human ServVerDate Sep 11 2014 23:07 Dec 13, 2018 Jkt 089200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6401 E:\BILLS\S1953.RS S1953

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1 ices and the Attorney General, in consultation 

2 with the Secretary of Labor, shall submit to 

3 Congress a report that lists— 

4 ‘‘(i) the total number of entities that 

5 received a grant under this subsection that 

6 directly serve or are Indian tribal govern7 ments or tribal organizations; and 

8 ‘‘(ii) the total number of health care 

9 providers and other related providers that 

10 participated in training supported by the 

11 pilot program who are employees of the In12 dian Health Service.’’. 

13 SEC. 115. REPORTING ON INDIAN VICTIMS OF TRAF14 FICKING. 

15 (a) IN GENERAL.—The Director of the Office on Vio16 lence Against Women, the Director of the Office for Vic17 tims of Crime, and the Administrator of the Office of Ju18 venile Justice and Delinquency Prevention shall each re19 quire each grantee to report— 

20 (1) the number of human trafficking victims 

21 served with grant funding; and 

22 (2) as appropriate, whether the victims were 

23 members of an Indian tribe. 


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1 (b) REPORT.—Not later than January 1 of each year, 

2 the Attorney General shall submit to Congress a report 

3 on the data collected in accordance with subsection (a). 

4 TITLE II—IMPROVING JUSTICE 

5 FOR INDIAN YOUTH 

6 SEC. 201. FEDERAL JURISDICTION OVER INDIAN JUVE7 NILES. 

8 Section 5032 of title 18, United States Code, is 

9 amended— 

10 (1) in the first undesignated paragraph— 

11 (A) in paragraph (1), by inserting ‘‘or In12 dian tribe’’ after ‘‘court of a State’’; and 

13 (B) in paragraph (2), by inserting ‘‘or In14 dian tribe’’ after ‘‘the State’’; 

15 (2) in the second undesignated paragraph— 

16 (A) in the first sentence, by inserting ‘‘or 

17 Indian tribe’’ after ‘‘such State’’; and 

18 (B) by adding at the end the following: ‘‘In 

19 this section, the term ‘Indian tribe’ has the 

20 meaning given the term in section 102 of the 

21 Federally Recognized Indian Tribe List Act of 

22 1994 (25 U.S.C. 5130).’’; 

23 (3) in the third undesignated paragraph, in the 

24 first sentence, by inserting ‘‘or Indian tribe’’ after 

25 ‘‘State’’; and 


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1 (4) in the fourth undesignated paragraph, in 

2 the first sentence— 

3 (A) by inserting ‘‘or Indian tribal’’ after 

4 ‘‘State’’; and 

5 (B) by inserting ‘‘, or of a representative 

6 of an Indian tribe of which the juvenile is a 

7 member,’’ after ‘‘counsel’’. 

8 SEC. 202. REAUTHORIZATION OF TRIBAL YOUTH PRO9 GRAMS. 

10 (a) SUMMER YOUTH PROGRAMS.—Section 

11 4212(a)(3) of the Indian Alcohol and Substance Abuse 

12 Prevention and Treatment Act of 1986 (25 U.S.C. 

13 2432(a)(3)) is amended by striking ‘‘2011 through 2015’’ 

14 and inserting ‘‘2018 through 2022’’. 

15 (b) EMERGENCY SHELTERS.—Section 4213(e) of the 

16 Indian Alcohol and Substance Abuse Prevention and 

17 Treatment Act of 1986 (25 U.S.C. 2433(e)) is amended, 

18 in paragraphs (1) and (2), by striking ‘‘2011 through 

19 2015’’ each place it appears and inserting ‘‘2018 through 

20 2022’’. 

21 SEC. 203. ASSISTANCE FOR INDIAN TRIBES RELATING TO 

22 JUVENILE CRIME. 

23 The Indian Law Enforcement Reform Act (25 U.S.C. 

24 2801 et seq.) is amended by adding at the end the fol25 lowing: 


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1 ‘‘SEC. 18. ASSISTANCE FOR INDIAN TRIBES RELATING TO 

2 JUVENILE CRIME. 

3 ‘‘(a) ACTIVITIES.—Not later than one year after the 

4 date of enactment of this section, the Secretary shall co5 ordinate with the Attorney General and the Administrator 

6 of the Office of Juvenile Justice and Delinquency Preven7 tion within the Department of Justice (referred to in this 

8 section as the ‘Administrator’)— 

9 ‘‘(1) to assist Indian tribal governments in ad10 dressing juvenile offenses and crime through tech11 nical assistance, research, training, evaluation, and 

12 the dissemination of information on effective, evi13 dence-based, and promising programs and practices 

14 for combating juvenile delinquency; 

15 ‘‘(2) to conduct consultation, not less frequently 

16 than biannually, with Indian tribes regarding— 

17 ‘‘(A) strengthening the government-to-gov18 ernment relationship between the Federal Gov19 ernment and Indian tribes relating to juvenile 

20 justice issues; 

21 ‘‘(B) improving juvenile delinquency pro22 grams, services, and activities affecting Indian 

23 youth and Indian tribes; 

24 ‘‘(C) improving coordination among Fed25 eral departments and agencies to reduce juve26 nile offenses, delinquency, and recidivism; 


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1 ‘‘(D) the means by which traditional or 

2 cultural tribal programs may serve or be devel3 oped as promising or evidence-based programs; 

4 ‘‘(E) a process and means of submitting to 

5 the Attorney General and the Secretary an 

6 analysis and evaluation of the effectiveness of 

7 the programs and activities carried out for juve8 nile justice systems in which Indian youth are 

9 involved, including a survey of tribal needs; and 

10 ‘‘(F) any other matters relating to improv11 ing juvenile justice for Indian youth; 

12 ‘‘(3) to develop a means for collecting data on 

13 the number of offenses committed by Indian youth 

14 in Federal, State, and tribal jurisdictions, including 

15 information regarding the tribal affiliation or mem16 bership of the youth; 

17 ‘‘(4) to develop a process for informing Indian 

18 tribal governments when a juvenile member of that 

19 Indian tribe comes in contact with the juvenile jus20 tice system of the Federal, State or other unit of 

21 local government and for facilitating intervention by, 

22 the provision of services by, or coordination with, 

23 such Indian tribe for any Indian juvenile member of 

24 that Indian tribe or other local Indian tribes; 


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1 ‘‘(5) to facilitate the incorporation of tribal cul2 tural or traditional practices designed to reduce de3 linquency among Indian youth into Federal, State, 

4 or other unit of local government juvenile justice 

5 systems or programs; 

6 ‘‘(6) to develop or incorporate in existing pro7 grams partnerships among State educational agen8 cies, local educational agencies, and Bureau-funded 

9 schools (as defined in section 1141 of the Education 

10 Amendments of 1978 (25 U.S.C. 2021)); and 

11 ‘‘(7) to conduct research and evaluate— 

12 ‘‘(A) the number of Indian juveniles who, 

13 prior to placement in the juvenile justice sys14 tem, were under the care or custody of a State 

15 or tribal child welfare system and the number 

16 of Indian juveniles who are unable to return to 

17 their family after completing their disposition in 

18 the juvenile justice system and who remain 

19 wards of the State or Indian tribe; 

20 ‘‘(B) the extent to which State and tribal 

21 juvenile justice systems and child welfare sys22 tems are coordinating systems and treatment 

23 for the juveniles referred to in subparagraph 

24 (A); 


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1 ‘‘(C) the types of post-placement services 

2 used; 

3 ‘‘(D) the frequency of case plan reviews for 

4 juveniles referred to in subparagraph (A) and 

5 the extent to which these case plans identify 

6 and address permanency and placement bar7 riers and treatment plans; 

8 ‘‘(E) services, treatment, and aftercare 

9 placement of Indian juveniles who were under 

10 the care of the State or tribal child protection 

11 system before their placement in the juvenile 

12 justice system; and 

13 ‘‘(F) the frequency, seriousness, and inci14 dence of drug use by Indian youth in schools 

15 and tribal communities. 

16 ‘‘(b) CONSULTATION POLICY.—Not later than one 

17 year after the date of enactment of this section, the Attor18 ney General and the Administrator shall issue a tribal con19 sultation policy for the Office of Juvenile Justice and De20 linquency Prevention to govern the consultation by the Of21 fice to be conducted under subsection (a). 

22 ‘‘(c) REPORT.—The Administrator shall submit to 

23 the Committee on Indian Affairs of the Senate and the 

24 Committee on Education and the Workforce of the House 

25 of Representatives a report that summarizes the results 


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1 of the consultation activities described in subsection (a)(2) 

2 and consultation policy described in subsection (b) and 

3 any recommendations of the Coordinating Council on Ju4 venile Justice and Delinquency Prevention regarding im5 proving resource and service delivery to Indian tribal com6 munities.’’. 

7 SEC. 204. COORDINATING COUNCIL ON JUVENILE JUSTICE 

8 AND DELINQUENCY PREVENTION. 

9 Section 206 of the Juvenile Justice and Delinquency 

10 Prevention Act of 1974 (34 U.S.C. 11116) is amended— 

11 (1) in subsection (a)— 

12 (A) in paragraph (1)— 

13 (i) by inserting ‘‘the Director of the 

14 Indian Health Service,’’ after ‘‘the Sec15 retary of Health and Human Services,’’; 

16 and 

17 (ii) by striking ‘‘Commissioner of Im18 migration and Naturalization’’ and insert19 ing ‘‘Assistant Secretary for Immigration 

20 and Customs Enforcement, the Secretary 

21 of the Interior, the Assistant Secretary for 

22 Indian Affairs’’; and 

23 (B) in paragraph (2)(A), by striking 

24 ‘‘United States’’ and inserting ‘‘Federal Gov25 ernment’’; and 


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1 (2) in subsection (c)(1)— 

2 (A) in the first sentence, by inserting ‘‘, 

3 tribal,’’ after ‘‘State’’; and 

4 (B) in the second sentence, by inserting 

5 ‘‘tribal,’’ before ‘‘and local’’. 

6 SEC. 205. GRANTS FOR DELINQUENCY PREVENTION PRO7 GRAMS. 

8 Section 504 of the Juvenile Justice and Delinquency 

9 Prevention Act of 1974 (34 U.S.C. 11313) is amended— 

10 (1) in subsection (a), in the matter preceding 

11 paragraph (1), by striking ‘‘tribe’’ and inserting 

12 ‘‘tribes’’; and 

13 (2) in subsection (d)(4), by striking ‘‘2011 

14 through 2015’’ and inserting ‘‘2018 through 2022’’. 

15 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

16 (a) SHORT TITLE.—This Act may be cited as the 

17 ‘‘Tribal Law and Order Reauthorization and Amendments 

18 Act of 2018’’. 

19 (b) TABLE OF CONTENTS.—The table of contents for 

20 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

TITLE I—TRIBAL LAW AND ORDER 

Sec. 101. Bureau of Indian Affairs law enforcement. 

Sec. 102. Amendment to add EOD authority. 

Sec. 103. Persons involuntarily committed. 

Sec. 104. Tribal law enforcement Officers. 

Sec. 105. Oversight, coordination, and accountability. 

Sec. 106. Integration and coordination of programs. 

Sec. 107. Data sharing with Indian tribes. 


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Sec. 108. Judicial administration in Indian country. 

Sec. 109. Federal notice. 

Sec. 110. Detention facilities. 

Sec. 111. Reauthorization for tribal courts training. 

Sec. 112. Public defenders. 

Sec. 113. Offenses in Indian country: trespass on Indian land. 

Sec. 114. Resources for public safety in Indian communities; drug trafficking prevention. 

Sec. 115. Substance abuse prevention tribal action plans. 

Sec. 116. Office of Justice Services spending report. 

Sec. 117. Trafficking Victims Protection. 

Sec. 118. Reporting on Indian victims of trafficking. 

TITLE II—IMPROVING JUSTICE FOR INDIAN YOUTH 

Sec. 201. Federal jurisdiction over Indian juveniles. 

Sec. 202. Reauthorization of tribal youth programs. 

Sec. 203. Assistance for Indian tribes relating to juvenile crime. 

Sec. 204. Coordinating Council on Juvenile Justice and Delinquency Prevention. 

Sec. 205. Grants for delinquency prevention programs. 

1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) the Tribal Law and Order Act of 2010 (25 

4 U.S.C. 2801 note; Public Law 111–211) was enacted 

5 to enhance law enforcement services, encourage inter6 agency cooperation, and improve Federal account7 ability for public safety in Indian communities; 

8 (2) in 2013, the Bureau of Indian Affairs re9 ported increases in property crimes and violent 

10 crimes in Indian country; 

11 (3) according to the Department of Justice, in 

12 2014, 34 percent of the total Indian country criminal 

13 matters submitted for prosecution were declined, a 

14 percentage that has not decreased significantly since 

15 the date of enactment of the Tribal Law and Order 


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1 Act of 2010 (25 U.S.C. 2801 note; Public Law 111– 

2 211) and has remained fairly steady; 

3 (4) drug and alcohol abuse is a key contributing 

4 factor to violence and crime in Indian communities; 

5 (5) substance abuse prevention and treatment, 

6 including detention-based treatment, are critical to 

7 reducing the rates of recidivism in Indian commu8 nities; 

9 (6) during the period beginning in 2010 and 

10 ending on the date of enactment of this Act, the num11 ber of law enforcement officers working on public safe12 ty in Indian country has slightly increased, but ac13 cording to the Bureau of Indian Affairs, only ap14 proximately 43 percent of the total need for those offi15 cers is currently being met; 

16 (7) for a period of more than 40 years prior to 

17 the date of enactment of this Act, the Shadow Wolves, 

18 a special unit of tactical officers of the U.S. Immigra19 tion and Customs Enforcement, have been deployed 

20 throughout the Tohono O’odham Nation reservation 

21 in Arizona and have been operating in an area— 

22 (A) of more than 5,000 square miles of vast, 

23 desert, tribal land in the Southwest, 75 square 

24 miles of which is an area located along the 

25 United States border with Mexico; 


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1 (B) in which approximately 28,000 Indians 

2 reside; and 

3 (C) that has been targeted by criminal orga4 nizations for use as a major corridor to deliver 

5 contraband from Mexico to locations throughout 

6 the United States, including other Indian res7 ervations; 

8 (8) many Bureau of Indian Affairs and tribal 

9 detention facilities continue to operate in overcrowded 

10 conditions; 

11 (9) tribes continue to encounter barriers to ac12 cessing and entering information into national crime 

13 information databases for criminal and civil purposes 

14 and additional options are needed to ensure Indian 

15 tribes can fully participate in the 2-way sharing of 

16 criminal justice information so that all tribal justice 

17 and public safety agencies have access to the data 

18 needed to keep their communities safe; 

19 (10) American Indian and Alaska Native juve20 niles are overrepresented in Federal and State juve21 nile justice systems; 

22 (11) there is a lack of training (including trau23 ma-informed training and practices), collaboration, 

24 communication, and cooperation among government 

25 agencies regarding juvenile justice for Indian youth; 


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1 (12) tribal youth in the Federal justice system— 

2 (A) may spend more time in secure confine3 ment than youth in State justice systems, some4 times by several years; and 

5 (B) may be placed in facilities located far 

6 away from the communities and families of the 

7 tribal youth; and 

8 (13) appropriate services for tribal youth in the 

9 Federal and tribal justice systems are unavailable. 

10 TITLE I—TRIBAL LAW AND 

11 ORDER 

12 SEC. 101. BUREAU OF INDIAN AFFAIRS LAW ENFORCEMENT. 

13 (a) SPENDING REPORT.—Section 3(c) of the Indian 

14 Law Enforcement Reform Act (25 U.S.C. 2802(c)) is 

15 amended— 

16 (1) by striking paragraph (13); 

17 (2) by redesignating paragraphs (14) through 

18 (18) as paragraphs (13) through (17), respectively; 

19 and 

20 (3) in subparagraph (C) of paragraph (15) (as 

21 redesignated)— 

22 (A) by inserting ‘‘(for which any tribal in23 formation may be summarized by State)’’ after 

24 ‘‘a list’’; and 


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1 (B) by striking ‘‘and public safety and 

2 emergency communications and technology 

3 needs’’ and inserting ‘‘public safety and emer4 gency communications and technology needs, and 

5 other administrative and supporting needs of 

6 program operations, including information tech7 nology and other equipment, travel, and train8 ing’’. 

9 (b) ALLOWANCE FOR RENTALS OF QUARTERS AND FA10 CILITIES.—Section 8 of the Indian Law Enforcement Re11 form Act (25 U.S.C. 2807) is amended— 

12 (1) by striking the section heading and designa13 tion and all that follows through ‘‘Notwithstanding 

14 the limitation’’ and inserting the following: 

15 ‘‘SEC. 8. ALLOWANCES. 

16 ‘‘(a) UNIFORMS.—Notwithstanding the limitation’’; 

17 and 

18 (2) by adding at the end the following: 

19 ‘‘(b) RENTALS FOR QUARTERS AND FACILITIES.—Not20 withstanding section 5911 of title 5, United States Code, 

21 the Secretary, on recommendation of the Director of the Of22 fice of Justice Services, shall establish applicable rental 

23 rates for quarters and facilities for employees of the Office 

24 of Justice Services.’’. 


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1 (c) BACKGROUND CHECKS FOR TRIBAL JUSTICE OFFI2 CIALS.— 

3 (1) IN GENERAL.—The Office of Justice Services 

4 of the Bureau of Indian Affairs shall develop stand5 ards and deadlines for the provision of background 

6 checks to tribal law enforcement and corrections offi7 cials. 

8 (2) TIMING.— 

9 (A) TIMING.—If a request for a background 

10 check is made by an Indian tribe that has con11 tracted or entered into a compact for law en12 forcement or corrections services with the Bureau 

13 of Indian Affairs pursuant to the Indian Self14 Determination and Education Assistance Act (25 

15 U.S.C. 5304 et seq.), the Office of Justice Serv16 ices shall complete the check not later than 60 

17 days after the date of receipt of a completed 

18 background application package, containing all 

19 of the documentation and information requested 

20 by the Office of Justice Services. 

21 (B) EXTENSION.—The Office of Justice 

22 Services may extend the 60-day period required 

23 under subparagraph (A) for completion of a 

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1 tional 30 days upon written notice to the Indian 

2 tribe that states the reason for the extension. 

3 (d) LAW ENFORCEMENT AND JUDICIAL TRAINING.— 

4 Section 4218(b) of the Indian Alcohol and Substance Abuse 

5 Prevention and Treatment Act of 1986 (25 U.S.C. 2451(b)) 

6 is amended by striking ‘‘2011 through 2015’’ and inserting 

7 ‘‘2018 through 2022’’. 

8 (e) PUBLIC SAFETY AND COMMUNITY POLICING

9 GRANTS.—Section 1701(j) of the Omnibus Crime Control 

10 and Safe Streets Act of 1968 (34 U.S.C. 10381(j)) is amend11 ed— 

12 (1) in paragraph (1), by striking ‘‘any fiscal 

13 year’’ and inserting ‘‘each fiscal year’’; and 

14 (2) in paragraph (4), by striking ‘‘2011 through 

15 2015’’ and inserting ‘‘2018 through 2022’’. 

16 SEC. 102. AMENDMENT TO ADD EOD AUTHORITY. 

17 Section 4 of the Indian Law Enforcement Reform Act 

18 (25 U.S.C. 2803) is amended— 

19 (1) in the matter preceding paragraph (1), by 

20 striking ‘‘The Secretary’’ and inserting 

21 ‘‘(a) The Secretary’’; and 

22 (2) by adding after subsection (a), the following: 

23 ‘‘(b)(1) In addition to the activities described in sub24 section (a), the Secretary may authorize employees of the 

25 Bureau with law enforcement responsibilities to execute an 


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1 emergency civil order of detention (referred to in this section 

2 as an ‘EOD’), or take an individual into protective custody 

3 for emergency mental health purposes, and transport that 

4 individual to an appropriate mental health facility, 

5 when— 

6 ‘‘(A) requested to do so by a tribal court of 

7 competent civil jurisdiction pursuant to an EOD 

8 (when that court has determined the individual 

9 likely poses serious harm to himself or herself or 

10 others, and to the extent that the individual can 

11 be detained in a mental health treatment facil12 ity); or 

13 ‘‘(B) in the absence of an EOD, an em14 ployee who is authorized by State or tribal law 

15 to take an individual into protective custody for 

16 emergency mental health purposes reasonably be17 lieves that an individual is mentally ill, alcohol18 dependent, or drug-dependent to such a degree 

19 that immediate emergency action is necessary 

20 due to the likelihood of serious harm to that in21 dividual or others. 

22 ‘‘(2) In carrying out this subsection, Bureau em23 ployees with law enforcement responsibilities— 

24 ‘‘(A) shall take or cause such individual to 

25 be taken into custody and immediately transport 


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1 that individual to the nearest mental health fa2 cility, either within or outside of Indian coun3 try, for an initial assessment or other appro4 priate treatment; and 

5 ‘‘(B) will be given the full coverage and pro6 tection of chapter 171 of title 28, United States 

7 Code (commonly known as the ‘Federal Tort 

8 Claims Act’) and any other Federal tort liability 

9 statute, both within and outside of Indian coun10 try. 

11 ‘‘(3) The Office of Justice Services of the Bureau 

12 of Indian Affairs and the United States Indian Police 

13 Academy shall establish appropriate standards re14 garding experience, mental health and disability edu15 cation, and other relevant qualifications for Bureau 

16 employees who are law enforcement personnel imple17 menting this subsection. 

18 ‘‘(4) Not later than 180 days after the date of en19 actment of this subsection, the Bureau shall enter into 

20 agreements with State and tribal mental health offi21 cials that outline the process for carrying out an 

22 EOD or taking an individual into protective custody 

23 in a case in which Bureau law enforcement provides 

24 the primary law enforcement to a Tribe. 


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1 ‘‘(5) There is authorized to be appropriated 

2 $1,500,000 to the Office of Justice Services of the Bu3 reau of Indian Affairs to implement this subsection, 

4 which shall remain available until expended.’’. 

5 SEC. 103. PERSONS INVOLUNTARILY COMMITTED. 

6 (a) ELIGIBILITY FOR TREATMENT.—Persons ordered 

7 involuntarily committed by an Indian Tribe shall be eligi8 ble to receive treatment from hospitals, clinics, and out9 patient mental health treatment providers located within 

10 the same State or States as the Indian Tribe which com11 mitted them on the same basis as all other residents of the 

12 State. 

13 (b) ACCEPTING COMMITTED INDIVIDUALS.—Not later 

14 than 6 months after the date of enactment of this section, 

15 any State that accepts funds made available under section 

16 1901 of the Social Security Act (42 U.S.C. 1396–1) shall 

17 develop procedures to accept individuals who have been or18 dered involuntarily committed under tribal jurisdiction at 

19 State-funded or managed hospitals, clinics, and outpatient 

20 mental health treatment providers and give full faith and 

21 credit to orders of Tribal courts ordering individuals com22 mitted. 

23 (c) MEMORANDA.—Not later than 1 year after the date 

24 of enactment of this Act, States accepting funds described 

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1 reau of Indian Affairs law enforcement, shall enter into 

2 memoranda of agreement to carry out this section. 

3 (d) INCARCERATED INDIVIDUALS.—Notwithstanding 

4 subsection (a), in keeping with the Act of August 5, 1954 

5 (42 U.S.C. 2001 et seq.) (commonly referred to as the 

6 ‘‘Transfer Act’’), the Indian Health Service shall be respon7 sible for the medical care and treatment of all Indians de8 tained or incarcerated in a Bureau of Indian Affairs or 

9 tribal detention or correctional center. Care shall be pro10 vided to those individuals without regard to the individual’s 

11 normal domicile. 

12 SEC. 104. TRIBAL LAW ENFORCEMENT OFFICERS. 

13 The Indian Law Enforcement Reform Act (25 U.S.C. 

14 2801 et seq.) is amended by inserting after section 4 the 

15 following: 

16 ‘‘SEC. 4A. TRIBAL LAW ENFORCEMENT OFFICERS. 

17 ‘‘(a) Notwithstanding any other provision of Federal 

18 law, law enforcement officers of any Indian Tribe that has 

19 contracted or compacted any or all Federal law enforcement 

20 functions through the Indian Self-Determination and Edu21 cation Assistance Act (25 U.S.C. 5301 et seq.) shall have 

22 the authority to enforce Federal law within the area under 

23 the Tribe’s jurisdiction, if— 

24 ‘‘(1) the tribal officers involved have— 


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1 ‘‘(A) completed training that is comparable 

2 to that of an employee of the Office of Justice 

3 Services of the Bureau of Indian Affairs who is 

4 providing the same services in Indian country, 

5 as determined by the Director of the Office of 

6 Justice Services of the Bureau of Indian Affairs 

7 or the Director’s designee; 

8 ‘‘(B) passed an adjudicated background in9 vestigation equivalent to that of an employee of 

10 the Office of Justice Services of the Bureau of In11 dian Affairs who is providing the same services 

12 in Indian country; and 

13 ‘‘(C) received a certification from the Office 

14 of Justice Services of the Bureau of Indian Af15 fairs, as described in subsection (c); and 

16 ‘‘(2) the Tribe has adopted policies and proce17 dures that meet or exceed those of the Office of Justice 

18 Services of the Bureau of Indian Affairs for the same 

19 program, service, function, or activity. 

20 ‘‘(b) While acting under the authority granted by the 

21 Secretary through an Indian Self-Determination and Edu22 cation Assistance Act (25 U.S.C. 5301 et seq.) contract or 

23 compact, a tribal law enforcement officer shall be deemed 

24 to be a Federal law enforcement officer for the purposes of— 


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1 ‘‘(1) sections 111 and 1114 of title 18, United 

2 States Code; 

3 ‘‘(2) consideration as an eligible officer under 

4 subchapter III of chapter 81 of title 5, United States 

5 Code; and 

6 ‘‘(3) chapter 171 of title 28, United States Code 

7 (commonly known as the ‘Federal Tort Claims Act’). 

8 ‘‘(c)(1) Not later than 12 months after the date of en9 actment of this section, the Secretary shall develop proce10 dures for the credentialing of tribal officers under this sec11 tion, independent of section 5, to provide confirmation that 

12 tribal officers meet minimum certification standards and 

13 training requirements for Indian Country Peace Officers, 

14 as proscribed by the Secretary. 

15 ‘‘(2) Tribal law enforcement officers who choose to at16 tend a State or other equivalent training program approved 

17 by the Director of the Office of Justice Services of the Bu18 reau of Indian Affairs, or the Director’s designee, rather 

19 than attend the Indian Police Academy, shall be required 

20 to attend the IPA Bridge Program, or an equivalent pro21 gram, prior to receiving a certification under this sub22 section.’’. 


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1 SEC. 105. OVERSIGHT, COORDINATION, AND ACCOUNT2 ABILITY. 

3 The Attorney General, acting through the Deputy At4 torney General, shall coordinate and provide oversight for 

5 all Department of Justice activities, responsibilities, func6 tions, and programs to ensure a coordinated approach for 

7 public safety in Indian communities, accountability, and 

8 compliance with Federal law, including— 

9 (1) the timely submission of reports to Congress; 

10 (2) robust training, as required under Federal 

11 law and as needed or requested by Indian tribes or 

12 Federal and State officials relating to— 

13 (A) public safety in Indian communities; 

14 and 

15 (B) training outcomes demonstrating a bet16 ter understanding of public safety approaches in 

17 Indian communities; 

18 (3) the updating and improvements to United 

19 States attorney operational plans; 

20 (4) comprehensive evaluation and analysis of 

21 data, including approaches to collecting better data, 

22 relating to public safety in Indian communities; and 

23 (5) other duties or responsibilities as needed to 

24 improve public safety in Indian communities. 


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1 SEC. 106. INTEGRATION AND COORDINATION OF PRO2 GRAMS. 

3 (a) IN GENERAL.— 

4 (1) CONSULTATION.—Not later than 18 months 

5 after the date of enactment of this Act, the Secretary 

6 of the Interior, the Secretary of Health and Human 

7 Services, and the Attorney General shall consult with 

8 Indian tribes regarding— 

9 (A) the feasibility and effectiveness of the es10 tablishment of base funding for, and the integra11 tion and consolidation of, Federal law enforce12 ment, public safety, and substance abuse and 

13 mental health programs designed to support In14 dian tribal communities, for the purposes of co15 ordinating the programs, reducing administra16 tive costs, and improving services for Indian 

17 tribes, individual Indians, and Indian commu18 nities; 

19 (B) the use of a single application and re20 porting system for the consolidated approach de21 scribed in subparagraph (A); 

22 (C) the application of chapter 75 of title 31, 

23 United States Code (commonly known as the 

24 ‘‘Single Audit Act’’) to the consolidated approach 

25 described in subparagraph (A); 


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1 (D) the processes for, and approaches for 

2 addressing delays in, interagency transfer of 

3 funds for the consolidated approach described in 

4 subparagraph (A); 

5 (E) the method for Federal oversight for the 

6 consolidated approach described in subparagraph 

7 (A); and 

8 (F) any legal or administrative barriers to 

9 the implementation of the consolidated approach 

10 described in subparagraph (A). 

11 (2) RESPONSIBILITIES.—As part of the consulta12 tion described in paragraph (1), each applicable unit 

13 of the Department of the Interior, the Department of 

14 Health and Human Services, and the Department of 

15 Justice shall identify— 

16 (A) each program under the jurisdiction of 

17 that unit that is designed to support Indian trib18 al communities; and 

19 (B) the regulations governing each program 

20 described in subparagraph (A). 

21 (3) SUBMISSION OF PLAN.—Not later than 2 

22 years after the date of enactment of this Act, the Sec23 retary of the Interior, the Secretary of Health and 

24 Human Services, and the Attorney General shall 

25 jointly submit to the Committee on Indian Affairs of 


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1 the Senate, the Committee on Natural Resources of the 

2 House of Representatives, and the Committee on the 

3 Judiciary of the House of Representatives a plan that 

4 includes— 

5 (A) the findings of the consultation de6 scribed in paragraph (1); 

7 (B) the programs identified in accordance 

8 with paragraph (2); and 

9 (C) any legal or administrative barriers to 

10 the implementation of the consolidated approach 

11 described in paragraph (1)(A). 

12 (b) PROGRAM EVALUATION.—Not later than 18 months 

13 after the date of enactment of this Act, the Attorney General 

14 shall conduct an evaluation of and submit to the Committee 

15 on Indian Affairs of the Senate, the Committee on Natural 

16 Resources of the House of Representatives, the Committee 

17 on the Judiciary of the Senate, and the Committee on the 

18 Judiciary of the House of Representatives a report on— 

19 (1) law enforcement grants and other resources 

20 made available to State, local, and tribal governments 

21 under current requirements encouraging intergovern22 mental cooperation; 

23 (2) benefits of, barriers to, and the need for 

24 intergovernmental cooperation between State, local, 

25 and tribal governments; and 


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1 (3) recommendations, if any, for incentivizing 

2 intergovernmental cooperation, including any legisla3 tion or regulations needed to achieve those incentives. 

4 (c) INTERAGENCY COORDINATION AND COOPERA5 TION.— 

6 (1) MEMORANDUM OF AGREEMENT.— 

7 (A) IN GENERAL.—Not later than 18 

8 months after the date of enactment of this Act, 

9 the Attorney General, acting through the Bureau 

10 of Prisons, the Secretary of the Interior, acting 

11 through the Office of Justice Services, Bureau of 

12 Indian Affairs, and the Secretary of Health and 

13 Human Services shall enter into a Memorandum 

14 of Agreement to cooperate, confer, transfer funds, 

15 share resources and, as permitted by law, infor16 mation on matters relating to the detention of 

17 Indian inmates, the reduction of recidivism (in18 cluding through substance abuse treatment and 

19 mental and health care services), and the lease or 

20 loan of facilities, technical assistance, training, 

21 and equipment. 

22 (B) STRATEGIES AND BEST PRACTICES.— 

23 Not later than 2 years after the date of enact24 ment of this Act, the Attorney General, the Sec25 retary of the Interior, the Secretary of Health 


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1 and Human Services, and, as appropriate, the 

2 Administrative Office of the United States 

3 Courts shall enter into a Memorandum of Agree4 ment to develop, share, and implement effective 

5 strategies, best practices, and resources, and 

6 transfer funds, to improve the re-entry of Indian 

7 inmates into Indian communities after incarcer8 ation. 

9 (2) REQUIREMENTS.—Not later than 1 year 

10 after the date of enactment of this Act, the Attorney 

11 General, the Secretary of the Interior, and the Sec12 retary of Health and Human Services shall— 

13 (A) consult with and solicit comments from 

14 entities as described in section 4205(c) of the In15 dian Alcohol and Substance Abuse Prevention 

16 and Treatment Act of 1986 (25 U.S.C. 2411(c)); 

17 and 

18 (B) submit to the Committee on Indian Af19 fairs of the Senate, the Committee on Natural 

20 Resources of the House of Representatives, the 

21 Committee on the Judiciary of the Senate, and 

22 the Committee on the Judiciary of the House of 

23 Representatives a report regarding any legal or 

24 regulatory impediments to carrying out subpara25 graphs (A) and (B) of paragraph (1). 


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1 (3) REPORT.—Not later than 4 years after the 

2 date of enactment of this Act, the Attorney General, 

3 the Secretary of the Interior, and the Secretary of 

4 Health and Human Services shall submit to the Com5 mittee on Indian Affairs of the Senate, the Committee 

6 on Natural Resources of the House of Representatives, 

7 the Committee on the Judiciary of the Senate, and the 

8 Committee on the Judiciary of the House of Rep9 resentatives a report regarding the implementation of 

10 the Memoranda of Agreement under subparagraphs 

11 (A) and (B) of paragraph (1). 

12 SEC. 107. DATA SHARING WITH INDIAN TRIBES. 

13 (a) INFORMATION SHARING WITH INDIAN TRIBES.— 

14 Section 534(d) of title 28, United States Code, is amend15 ed— 

16 (1) by redesignating paragraphs (1) and (2) as 

17 subparagraphs (A) and (B), respectively, and indent18 ing appropriately; 

19 (2) in the matter preceding subparagraph (A) 

20 (as so redesignated), by striking ‘‘The Attorney Gen21 eral’’ and inserting the following: 

22 ‘‘(1) IN GENERAL.—The Attorney General’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(2) TRIBAL ACCESS PROGRAM.—Out of any 

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1 ney General shall establish and carry out a tribal ac2 cess program to enhance the ability of tribal govern3 ments to access, enter information into, and obtain 

4 information from, Federal criminal information 

5 databases as authorized under this section. 

6 ‘‘(3) INFORMATION SHARING.—To the extent oth7 erwise permitted by law, any report issued as a result 

8 of the analysis of information entered into Federal 

9 criminal information databases or obtained from Fed10 eral criminal databases, including for the purpose of 

11 conducting background checks, shall be shared with 

12 Indian tribes of jurisdiction.’’. 

13 (b) ACCESS TO NATIONAL CRIMINAL INFORMATION

14 DATABASES.—Section 233(b) of the Tribal Law and Order 

15 Act of 2010 (34 U.S.C. 41107; Public Law 111–211) is 

16 amended by striking paragraph (1) and inserting the fol17 lowing: 

18 ‘‘(1) IN GENERAL.—The Attorney General shall 

19 ensure that— 

20 ‘‘(A) tribal law enforcement officials that 

21 meet applicable Federal or State requirements be 

22 permitted access to national crime information 

23 databases; 

24 ‘‘(B) technical assistance and training to 

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1 ment officials is provided to gain access and 

2 input ability to use the National Criminal Infor3 mation Center and other national crime infor4 mation databases pursuant to section 534 of title 

5 28, United States Code; and 

6 ‘‘(C) the Federal Bureau of Investigation 

7 coordinates with the Office of Justice Services, 

8 Bureau of Indian Affairs, to ensure Indian trib9 al law enforcement agencies are assigned appro10 priate credentials or ORI numbers for uniform 

11 crime reporting purposes.’’. 

12 (c) BUREAU OF JUSTICE STATISTICS.—Section 302(d) 

13 of the Omnibus Crime Control and Safe Streets Act of 1968 

14 (34 U.S.C. 10132(d)) is amended— 

15 (1) by striking the subsection designation and all 

16 that follows through ‘‘To ensure’’ in paragraph (1) 

17 and inserting the following: 

18 ‘‘(d) JUSTICE STATISTICAL COLLECTION, ANALYSIS, 

19 AND DISSEMINATION.— 

20 ‘‘(1) IN GENERAL.—To ensure’’; 

21 (2) in paragraph (1)— 

22 (A) in subparagraph (E), by striking ‘‘and’’ 

23 at the end; 

24 (B) in subparagraph (F), by striking the 

25 period at the end and inserting ‘‘; and’’; and 


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1 (C) by adding at the end the following: 

2 ‘‘(G) confer and cooperate with the Bureau 

3 of Indian Affairs as needed to carry out the pur4 poses of this part, including by entering into co5 operative resource and data sharing agreements 

6 in conformity with all laws and regulations ap7 plicable to the disclosure and use of data.’’; and 

8 (3) in paragraph (2)— 

9 (A) by striking ‘‘The Director’’ and insert10 ing the following: 

11 ‘‘(A) IN GENERAL.—The Director’’; and 

12 (B) by adding at the end the following: 

13 ‘‘(B) INFORMATION SHARING REQUIRE14 MENT.—Analysis of the information collected 

15 under subparagraph (A) shall be shared with the 

16 Indian tribe that provided the information that 

17 was collected.’’. 

18 (d) REPORTS TO TRIBES.—Section 10(b) of the Indian 

19 Law Enforcement Reform Act (25 U.S.C. 2809(b)) is 

20 amended— 

21 (1) in paragraph (1)— 

22 (A) in subparagraph (B), by redesignating 

23 clauses (i) and (ii) as subclauses (I) and (II), re24 spectively, and indenting appropriately; and 


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1 (B) by redesignating subparagraphs (A) 

2 and (B) as clauses (i) and (ii), respectively, and 

3 indenting appropriately; 

4 (2) by redesignating paragraphs (1) and (2) as 

5 subparagraphs (A) and (B), respectively, and indent6 ing appropriately; 

7 (3) in the matter preceding subparagraph (A) 

8 (as so redesignated), by striking ‘‘The Attorney Gen9 eral’’ and inserting the following: 

10 ‘‘(1) IN GENERAL.—The Attorney General’’; and 

11 (4) by adding at the end the following: 

12 ‘‘(2) CONSULTATION.—Not later than 1 year 

13 after the date of enactment of the Tribal Law and 

14 Order Reauthorization and Amendments Act of 2018, 

15 and every 5 years thereafter, the Attorney General 

16 shall consult with Indian tribes, including appro17 priate tribal justice officials, regarding— 

18 ‘‘(A) the annual reports described in para19 graph (1) to improve the data collected, the in20 formation reported, and the reporting system; 

21 and 

22 ‘‘(B) improvements to the processes for the 

23 satisfaction of the requirements for coordination 

24 described in paragraphs (1) and (3) of subsection 


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1 (a), or to the reporting requirements under para2 graph (1).’’. 

3 (e) ENHANCED ABILITY OF TRIBAL GOVERNMENTS TO

4 USE FEDERAL CRIMINAL INFORMATION DATABASES.—The 

5 Attorney General is authorized to use any balances remain6 ing for the account under the heading ‘‘VIOLENCE AGAINST

7 WOMEN PREVENTION AND PROSECUTION PROGRAMS’’ under 

8 the heading ‘‘STATE AND LOCAL LAW ENFORCEMENT AC9 TIVITIES OFFICE ON VIOLENCE AGAINST WOMEN’’ of the 

10 Department of Justice from appropriations for full fiscal 

11 years prior to the date of enactment of this Act for tracking 

12 violence against Indian women, as authorized by section 

13 905(b) of the Violence Against Women and Department of 

14 Justice Reauthorization Act of 2005 (34 U.S.C. 20903), to 

15 enhance the ability of tribal government entities to access, 

16 enter information into, and obtain information from, Fed17 eral criminal information databases, as authorized by sec18 tion 534 of title 28, United States Code. Some or all of 

19 such balances may be transferred, at the discretion of the 

20 Attorney General, to the account under the heading ‘‘JUS21 TICE INFORMATION SHARING TECHNOLOGY’’ under the head22 ing ‘‘GENERAL ADMINISTRATION’’ of the Department of 

23 Justice for the tribal access program for national crime in24 formation in furtherance of the objectives described in the 

25 previous sentence. 


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1 SEC. 108. JUDICIAL ADMINISTRATION IN INDIAN COUNTRY. 

2 (a) BUREAU OF PRISONS TRIBAL PRISONER PRO3 GRAM.—Section 234(c) of the Tribal Law and Order Act 

4 of 2010 (25 U.S.C. 1302 note; Public Law 111–211) is 

5 amended— 

6 (1) in paragraph (5), by striking ‘‘3 years after 

7 the date of establishment of the pilot program’’ and 

8 inserting ‘‘5 years after the date of enactment of the 

9 Tribal Law and Order Reauthorization and Amend10 ments Act of 2018’’; 

11 (2) by redesignating paragraph (6) as para12 graph (7); 

13 (3) by inserting after paragraph (5) the fol14 lowing: 

15 ‘‘(6) CONSULTATION.—Not later than 1 year 

16 after the date of enactment of the Tribal Law and 

17 Order Reauthorization and Amendments Act of 2018, 

18 the Director of the Bureau of Prisons and the Direc19 tor of the Office of Justice Services of the Bureau of 

20 Indian Affairs shall coordinate and consult with In21 dian tribes to develop improvements in implementing 

22 the pilot program, including intergovernmental com23 munication, training, processes, and other subject 

24 matters as appropriate.’’; and 

25 (4) in paragraph (7) (as redesignated), by strik26 ing ‘‘paragraph shall expire—on the date that is 4 


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1 years after the date on which the program is estab2 lished’’ and inserting ‘‘subsection—’’ 

3 ‘‘(A) shall expire, with respect to any new 

4 requests for confinement, on the date that is 9 

5 years after the date of enactment of the Tribal 

6 Law and Order Reauthorization and Amend7 ments Act of 2018; and 

8 ‘‘(B) may be temporarily extended for of9 fenders who have been confined through the pro10 gram under this subsection before the expiration 

11 date described in subparagraph (B) and whose 

12 underlying tribal conviction has not yet expired, 

13 except in no case shall such extension exceed the 

14 maximum period of time authorized under tribal 

15 law, pursuant to section 202 of Public Law 90– 

16 284 (25 U.S.C. 1302) (commonly known as the 

17 ‘Indian Civil Rights Act of 1968’).’’. 

18 (b) CONSULTATION FOR JUVENILE JUSTICE RE19 FORM.—Section 3 of the Indian Law Enforcement Reform 

20 Act (25 U.S.C. 2802) is amended by adding at the end the 

21 following: 

22 ‘‘(g) CONSULTATION FOR JUVENILE JUSTICE RE23 FORM.—Not later than 1 year after date of enactment of 

24 this subsection, the Director of the Bureau of Indian Affairs, 

25 the Director of the Bureau of Prisons, the Director of the 


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1 Indian Health Service, the Administrator of the Office of 

2 Juvenile Justice and Delinquency Prevention, and the Ad3 ministrator of the Substance Abuse and Mental Health 

4 Services Administration shall consult with Indian tribes re5 garding Indian juvenile justice and incarceration, includ6 ing— 

7 ‘‘(1) the potential for using Bureau of Indian Af8 fairs or tribal juvenile facilities for the incarceration 

9 of Indian youth in the Federal system as alternative 

10 locations closer to the communities of the Indian 

11 youth; 

12 ‘‘(2) improving community-based options for the 

13 services needed and available for Indian youth in 

14 Federal incarceration; 

15 ‘‘(3) barriers to the use of— 

16 ‘‘(A) alternatives to incarceration; or 

17 ‘‘(B) cross-agency services for Indian youth 

18 in incarceration; and 

19 ‘‘(4) the application of the Federal sentencing 

20 guidelines to Indian youth.’’. 

21 SEC. 109. FEDERAL NOTICE. 

22 Section 10 of the Indian Law Enforcement Reform Act 

23 (25 U.S.C. 2809) is amended by adding at the end the fol24 lowing: 


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1 ‘‘(d) FEDERAL NOTICE.—On conviction in any dis2 trict court of the United States of an enrolled member of 

3 a federally recognized Indian tribe, the Office of the United 

4 States Attorney for the district in which the member was 

5 convicted may provide to the appropriate tribal justice offi6 cial notice of the conviction and any other pertinent infor7 mation otherwise permitted by law.’’. 

8 SEC. 110. DETENTION FACILITIES. 

9 (a) INDIAN LAW ENFORCEMENT REFORM ACT.—Sec10 tion 3 of the Indian Law Enforcement Reform Act (25 

11 U.S.C. 2802) (as amended by section 108(b)) is amended 

12 by adding at the end the following: 

13 ‘‘(h) ALTERNATIVES TO DETENTION.—In carrying out 

14 the responsibilities of the Secretary under this Act or title 

15 II of Public Law 90–284 (commonly known as the ‘Indian 

16 Civil Rights Act of 1968’) (25 U.S.C. 1301 et seq.), the Sec17 retary shall authorize an Indian tribe carrying out a con18 tract or compact pursuant to the Indian Self-Determina19 tion and Education Assistance Act (25 U.S.C. 5304 et seq.), 

20 on request of the Indian tribe, to use any available deten21 tion funding from the contract or compact for such appro22 priate alternatives to detention to which the Indian tribe 

23 and Secretary, acting through the Director of the Office of 

24 Justice Services, mutually agree.’’. 


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1 (b) INDIAN TRIBAL JUSTICE ACT.—Section 103 of the 

2 Indian Tribal Justice Act (25 U.S.C. 3613) is amended— 

3 (1) by redesignating subsection (c) as subsection 

4 (d); and 

5 (2) by inserting after subsection (b) the fol6 lowing: 

7 ‘‘(c) ALTERNATIVES TO DETENTION.—In carrying out 

8 the responsibilities of the Secretary under this Act or title 

9 II of Public Law 90–284 (commonly known as the ‘Indian 

10 Civil Rights Act of 1968’) (25 U.S.C. 1301 et seq.), the Sec11 retary shall authorize an Indian tribe carrying out a con12 tract or compact pursuant to the Indian Self-Determina13 tion and Education Assistance Act (25 U.S.C. 5304 et seq.), 

14 on request of the Indian tribe, to use any available deten15 tion funding from the contract or compact for such appro16 priate alternatives to detention to which the Indian tribe 

17 and Secretary, acting through the Director of the Office of 

18 Justice Services, mutually agree.’’. 

19 (c) JUVENILE DETENTION CENTERS.—Section 4220(b) 

20 of the Indian Alcohol and Substance Abuse Prevention and 

21 Treatment Act of 1986 (25 U.S.C. 2453(b)) is amended by 

22 striking ‘‘2011 through 2015’’ each place it appears and 

23 inserting ‘‘2018 through 2022’’. 

24 (d) PAYMENTS FOR INCARCERATION ON TRIBAL

25 LAND.—Section 20109(a) of the Violent Crime Control and 


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1 Law Enforcement Act of 1994 (34 U.S.C. 12109) is amend2 ed by striking ‘‘2011 through 2015’’ and inserting ‘‘2018 

3 through 2022’’. 

4 SEC. 111. REAUTHORIZATION FOR TRIBAL COURTS TRAIN5 ING. 

6 (a) TRIBAL JUSTICE SYSTEMS.—Section 201 of the In7 dian Tribal Justice Act (25 U.S.C. 3621) is amended by 

8 striking ‘‘2011 through 2015’’ each place it appears and 

9 inserting ‘‘2018 through 2022’’. 

10 (b) TECHNICAL AND LEGAL ASSISTANCE.— 

11 (1) AUTHORIZATION OF APPROPRIATIONS.—Sec12 tion 107 of the Indian Tribal Justice Technical and 

13 Legal Assistance Act of 2000 (25 U.S.C. 3666) is 

14 amended by striking ‘‘2011 through 2015’’ and insert15 ing ‘‘2018 through 2022’’. 

16 (2) GRANTS.—Section 201(d) of the Indian Trib17 al Justice Technical and Legal Assistance Act of 2000 

18 (25 U.S.C. 3681(d)) is amended by striking ‘‘2011 

19 through 2015’’ and inserting ‘‘2018 through 2022’’. 

20 SEC. 112. PUBLIC DEFENDERS. 

21 The Indian Law Enforcement Reform Act is amended 

22 by inserting after section 13 (25 U.S.C. 2810) the following: 

23 ‘‘SEC. 13A. TRIBAL COORDINATORS. 

24 ‘‘(a) APPOINTMENT.— 


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1 ‘‘(1) IN GENERAL.—The Federal Public Defender 

2 for each district that includes Indian country shall 

3 appoint not less than 1 assistant Federal Public De4 fender to serve as a tribal coordinator for the district. 

5 ‘‘(2) SENSE OF CONGRESS.—It is the sense of 

6 Congress that in appointing tribal coordinators under 

7 paragraph (1), the Federal Public Defender should 

8 consult with tribal justice officials from each Indian 

9 tribe that would be affected by the appointment. 

10 ‘‘(b) DUTIES.— 

11 ‘‘(1) IN GENERAL.—The duties of a tribal coordi12 nator shall include the following: 

13 ‘‘(A) Developing working relationships and 

14 maintaining communication with tribal leaders 

15 and tribal community, including the interchange 

16 and understanding of cultural issues that may 

17 impact the effective assistance of counsel. 

18 ‘‘(B) Providing technical assistance and 

19 training regarding criminal defense techniques 

20 and strategies, forensics, and reentry programs 

21 and strategies for responding to crimes occurring 

22 in Indian country. 

23 ‘‘(2) SENSE OF CONGRESS.—It is the sense of 

24 Congress that— 


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1 ‘‘(A) in evaluating the performance of tribal 

2 coordinators, and as part of the staffing for3 mulas for Federal Defenders, the Administrative 

4 Office of the United States Courts should take 

5 into consideration the multiple duties of tribal 

6 coordinators described in paragraph (1); and 

7 ‘‘(B) the Director of the Administrative Of8 fice of the United States Courts and the Attorney 

9 General should work together to ensure that each 

10 district that includes Indian country has suffi11 cient resources to provide adequate representa12 tion.’’. 

13 SEC. 113. OFFENSES IN INDIAN COUNTRY: TRESPASS ON IN14 DIAN LAND. 

15 Section 1165 of title 18, United States Code, is amend16 ed— 

17 (1) in the section heading, by striking ‘‘Hunt18 ing, trapping, or fishing’’ and inserting 

19 ‘‘Criminal trespass’’; 

20 (2) by inserting ‘‘(referred to in this section as 

21 ‘tribal land’)’’ after ‘‘for Indian use’’; 

22 (3) by striking ‘‘Whoever, without lawful author23 ity’’ and inserting the following: 

24 ‘‘(a) HUNTING, TRAPPING, OR FISHING ON INDIAN

25 LAND.—Whoever, without lawful authority’’; and 


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1 (4) by adding at the end the following: 

2 ‘‘(b) VIOLATION OF TRIBAL EXCLUSION ORDER.— 

3 ‘‘(1) DEFINITION OF EXCLUSION ORDER.—In this 

4 subsection, the term ‘exclusion order’ means an order 

5 issued in a proceeding by a court of an Indian tribe 

6 that temporarily or permanently excludes a person 

7 from tribal land because of a conviction under the 

8 criminal laws of the tribal government— 

9 ‘‘(A) for a violent crime (as defined under 

10 applicable tribal law); or 

11 ‘‘(B) for the sale or distribution of con12 trolled substances. 

13 ‘‘(2) VIOLATION DESCRIBED.—It shall be unlaw14 ful for any person to knowingly violate the terms of 

15 an exclusion order that was issued by a court of an 

16 Indian tribe in accordance with paragraph (4). 

17 ‘‘(3) PENALTY.—Any person who violates para18 graph (2) shall be fined up to $5,000 or imprisoned 

19 for up to 1 year, or both. 

20 ‘‘(4) REQUIREMENTS.—The violation described 

21 in paragraph (2) applies only to an exclusion 

22 order— 

23 ‘‘(A) for which— 


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1 ‘‘(i) the respondent was served with, or 

2 had actual notice of, the underlying com3 plaint; and 

4 ‘‘(ii) the underlying complaint in5 cluded— 

6 ‘‘(I) a plain statement of facts 

7 that, if true, would provide the basis 

8 for the issuance of an exclusion order 

9 against the respondent; 

10 ‘‘(II) the date, time, and place for 

11 a hearing on the complaint; and 

12 ‘‘(III) a statement informing the 

13 respondent that if the respondent fails 

14 to appear at the hearing on the com15 plaint, an order may issue, the viola16 tion of which may result in— 

17 ‘‘(aa) criminal prosecution 

18 under Federal law; and 

19 ‘‘(bb) the imposition of a fine 

20 or imprisonment, or both; 

21 ‘‘(B) for which a hearing on the underlying 

22 complaint sufficient to protect the right of the re23 spondent to due process was held on the record, 

24 at which the respondent was provided an oppor25 tunity to be heard and present testimony of witVerDate Sep 11 2014 23:07 Dec 13, 2018 Jkt 089200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6203 E:\BILLS\S1953.RS S1953

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1 nesses and other evidence as to why the order 

2 should not issue; 

3 ‘‘(C) that— 

4 ‘‘(i) temporarily or permanently ex5 cludes the respondent from tribal land 

6 under the jurisdiction of the applicable In7 dian tribe; and 

8 ‘‘(ii) includes a statement that a viola9 tion of the order may result in— 

10 ‘‘(I) criminal prosecution under 

11 Federal law; and 

12 ‘‘(II) the imposition of a fine or 

13 imprisonment, or both; and 

14 ‘‘(D) with which the respondent was served 

15 or of which the respondent had actual notice.’’. 

16 SEC. 114. RESOURCES FOR PUBLIC SAFETY IN INDIAN COM17 MUNITIES; DRUG TRAFFICKING PREVENTION. 

18 (a) SHADOW WOLVES.— 

19 (1) IN GENERAL.—There is established within 

20 the Bureau of Immigration and Customs Enforcement 

21 of the Department of Homeland Security a division 

22 to be known as the ‘‘Shadow Wolves Division’’. 

23 (2) DUTIES.—The Shadow Wolves Division 

24 shall— 


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1 (A) carry out such duties as are assigned by 

2 the Director of the Bureau of Immigration and 

3 Customs Enforcement; and 

4 (B) in carrying out those duties, coordinate 

5 with the Bureau of Indian Affairs and other ap6 plicable Federal agencies and State and tribal 

7 governments. 

8 (b) REAUTHORIZATION OF FUNDING TO COMBAT ILLE9 GAL NARCOTICS TRAFFICKING.—Section 4216 of the Indian 

10 Alcohol and Substance Abuse Prevention and Treatment 

11 Act of 1986 (25 U.S.C. 2442) is amended by striking ‘‘2011 

12 through 2015’’ each place it appears and inserting ‘‘2018 

13 through 2022’’. 

14 (c) MAINTENANCE OF CERTAIN INDIAN RESERVATION

15 ROADS.—The Commissioner of U.S. Customs and Border 

16 Protection may transfer funds to the Director of the Bureau 

17 of Indian Affairs to maintain or repair roads under the 

18 jurisdiction of the Director, on the condition that the Com19 missioner and the Director mutually agree that the primary 

20 user of the subject road is U.S. Customs and Border Protec21 tion. 

22 SEC. 115. SUBSTANCE ABUSE PREVENTION TRIBAL ACTION 

23 PLANS. 

24 (a) INTER-DEPARTMENTAL MEMORANDUM OF AGREE25 MENT.—Section 4205(a) of the Indian Alcohol and SubVerDate Sep 11 2014 23:07 Dec 13, 2018 Jkt 089200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6203 E:\BILLS\S1953.RS S1953

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1 stance Abuse Prevention and Treatment Act of 1986 (25 

2 U.S.C. 2411(a)) is amended— 

3 (1) in the matter preceding paragraph (1), by 

4 inserting ‘‘the Secretary of Agriculture, the Secretary 

5 of Housing and Urban Development,’’ after ‘‘the At6 torney General,’’; 

7 (2) in paragraph (2)(A), by inserting ‘‘the De8 partment of Agriculture, the Department of Housing 

9 and Urban Development,’’ after ‘‘Services Adminis10 tration,’’; 

11 (3) in paragraph (5), by inserting ‘‘the Depart12 ment of Agriculture, the Department of Housing and 

13 Urban Development,’’ after ‘‘Services Administra14 tion,’’; and 

15 (4) in paragraph (7) by inserting ‘‘the Secretary 

16 of Agriculture, the Secretary of Housing and Urban 

17 Development,’’ after ‘‘the Attorney General,’’. 

18 (b) REAUTHORIZATION OF TRIBAL ACTION PLANS

19 FUNDS.—Section 4206(d)(2) of the Indian Alcohol and 

20 Substance Abuse Prevention and Treatment Act of 1986 (25 

21 U.S.C. 2412(d)(2)) is amended by striking ‘‘2011 through 

22 2015’’ and inserting ‘‘2018 through 2022’’. 

23 (c) GRANTS FOR TRAINING, EDUCATION, AND PREVEN24 TION PROGRAMS.—Section 4206(f)(3) of the Indian Alcohol 

25 and Substance Abuse Prevention and Treatment Act of 


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1 1986 (25 U.S.C. 2412(f)(3)) is amended by striking ‘‘2011 

2 through 2015’’ and inserting ‘‘2018 through 2022’’. 

3 SEC. 116. OFFICE OF JUSTICE SERVICES SPENDING RE4 PORT. 

5 Section 3(c)(16)(C) of the Indian Law Enforcement 

6 Reform Act (25 U.S.C. 2802(c)(16)(C)) is amended by in7 serting ‘‘health care, behavioral health, and tele-health needs 

8 at tribal jails,’’ after ‘‘court facilities,’’. 

9 SEC. 117. TRAFFICKING VICTIMS PROTECTION. 

10 Section 107(f)(3) of the Trafficking Victims Protection 

11 Act of 2000 (22 U.S.C. 7105(f)(3)) is amended by adding 

12 at the end the following: 

13 ‘‘(C) REPORT.—For each grant awarded 

14 under this subsection, the Secretary of Health 

15 and Human Services and the Attorney General, 

16 in consultation with the Secretary of Labor, 

17 shall submit to Congress a report that lists— 

18 ‘‘(i) the total number of entities that 

19 received a grant under this subsection that 

20 directly serve or are Indian tribal govern21 ments or tribal organizations; and 

22 ‘‘(ii) the total number of health care 

23 providers and other related providers that 

24 participated in training supported by the 


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1 pilot program who are employees of the In2 dian Health Service.’’. 

3 SEC. 118. REPORTING ON INDIAN VICTIMS OF TRAF4 FICKING. 

5 (a) IN GENERAL.—The Director of the Office on Vio6 lence Against Women, the Director of the Office for Victims 

7 of Crime, and the Administrator of the Office of Juvenile 

8 Justice and Delinquency Prevention shall each require each 

9 grantee to report— 

10 (1) the number of human trafficking victims, as 

11 appropriate, served with grant funding; and 

12 (2) as appropriate and in the aggregate, whether 

13 the victims were members of an Indian tribe. 

14 (b) EXCEPTIONS; RESPECTING VICTIM PRIVACY.— 

15 (1) RULE OF CONSTRUCTION.—Nothing in this 

16 section shall be construed to require an individual 

17 victim seeking services from a grantee described in 

18 subsection (a) to report the individual’s Native Amer19 ican status or any other personally identifiable infor20 mation the individual wishes to remain confidential. 

21 (2) PROHIBITION ON DENIAL OF SERVICE.—A 

22 grantee described in subsection (a) may not deny 

23 services to a victim on the basis that the victim de24 clines to provide information on the victim’s Native 


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1 American status or any other personally identifiable 

2 information the victim wishes to remain confidential. 

3 (c) REPORT.—Not later than January 1 of each year, 

4 the Attorney General shall submit to Congress a report on 

5 the data collected in accordance with subsection (a). 

6 TITLE II—IMPROVING JUSTICE 

7 FOR INDIAN YOUTH 

8 SEC. 201. FEDERAL JURISDICTION OVER INDIAN JUVE9 NILES. 

10 Section 5032 of title 18, United States Code, is amend11 ed— 

12 (1) in the first undesignated paragraph— 

13 (A) in paragraph (1), by inserting ‘‘or In14 dian tribe’’ after ‘‘court of a State’’; and 

15 (B) in paragraph (2), by inserting ‘‘or In16 dian tribe’’ after ‘‘the State’’; 

17 (2) in the second undesignated paragraph— 

18 (A) in the first sentence, by inserting ‘‘or 

19 Indian tribe’’ after ‘‘such State’’; and 

20 (B) by adding at the end the following: ‘‘In 

21 this section, the term ‘Indian tribe’ has the 

22 meaning given the term in section 102 of the 

23 Federally Recognized Indian Tribe List Act of 

24 1994 (25 U.S.C. 5130).’’; 


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1 (3) in the third undesignated paragraph, in the 

2 first sentence, by inserting ‘‘or Indian tribe’’ after 

3 ‘‘State’’; and 

4 (4) in the fourth undesignated paragraph, in the 

5 first sentence— 

6 (A) by inserting ‘‘or Indian tribal’’ after 

7 ‘‘State’’; and 

8 (B) by inserting ‘‘, or of a representative of 

9 an Indian tribe of which the juvenile is a mem10 ber,’’ after ‘‘counsel’’. 

11 SEC. 202. REAUTHORIZATION OF TRIBAL YOUTH PRO12 GRAMS. 

13 (a) SUMMER YOUTH PROGRAMS.—Section 4212(a)(3) 

14 of the Indian Alcohol and Substance Abuse Prevention and 

15 Treatment Act of 1986 (25 U.S.C. 2432(a)(3)) is amended 

16 by striking ‘‘2011 through 2015’’ and inserting ‘‘2018 

17 through 2022’’. 

18 (b) EMERGENCY SHELTERS.—Section 4213(e) of the 

19 Indian Alcohol and Substance Abuse Prevention and Treat20 ment Act of 1986 (25 U.S.C. 2433(e)) is amended, in para21 graphs (1) and (2), by striking ‘‘2011 through 2015’’ each 

22 place it appears and inserting ‘‘2018 through 2022’’. 


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1 SEC. 203. ASSISTANCE FOR INDIAN TRIBES RELATING TO 

2 JUVENILE CRIME. 

3 The Indian Law Enforcement Reform Act (25 U.S.C. 

4 2801 et seq.) is amended by adding at the end the following: 

5 ‘‘SEC. 18. ASSISTANCE FOR INDIAN TRIBES RELATING TO 

6 JUVENILE CRIME. 

7 ‘‘(a) ACTIVITIES.—Not later than 1 year after the date 

8 of enactment of this section, the Secretary shall coordinate 

9 with the Secretary of Health and Human Services, the At10 torney General, and the Administrator of the Office of Juve11 nile Justice and Delinquency Prevention within the De12 partment of Justice (referred to in this section as the ‘Ad13 ministrator’)— 

14 ‘‘(1) to assist Indian tribal governments in ad15 dressing juvenile offenses and crime through technical 

16 assistance, research, training, evaluation, and the dis17 semination of information on effective, evidence-based, 

18 and promising programs and practices for combating 

19 juvenile delinquency; 

20 ‘‘(2) to conduct consultation, not less frequently 

21 than biannually, with Indian tribes regarding— 

22 ‘‘(A) strengthening the government-to-gov23 ernment relationship between the Federal Gov24 ernment and Indian tribes relating to juvenile 

25 justice issues; 


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1 ‘‘(B) improving juvenile delinquency pro2 grams, services, and activities affecting Indian 

3 youth and Indian tribes; 

4 ‘‘(C) improving coordination among Fed5 eral departments and agencies to reduce juvenile 

6 offenses, delinquency, and recidivism; 

7 ‘‘(D) the means by which traditional or cul8 tural tribal programs may serve or be developed 

9 as promising or evidence-based programs; 

10 ‘‘(E) a process and means of submitting to 

11 the Attorney General and the Secretary an anal12 ysis and evaluation of the effectiveness of the 

13 programs and activities carried out for juvenile 

14 justice systems in which Indian youth are in15 volved, including a survey of tribal needs; and 

16 ‘‘(F) any other matters relating to improv17 ing juvenile justice for Indian youth; 

18 ‘‘(3) to develop a means for collecting data on 

19 the number of offenses committed by Indian youth in 

20 Federal, State, and tribal jurisdictions, including in21 formation regarding— 

22 ‘‘(A) the offenses (including status offenses), 

23 charges, disposition, and case outcomes for each 

24 Indian youth; 


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1 ‘‘(B) whether the Indian youth was held in 

2 pre-adjudication detention; 

3 ‘‘(C) whether the Indian youth was removed 

4 from home, and for which offenses; 

5 ‘‘(D) whether the Indian youth was at any 

6 point placed in secure confinement; and 

7 ‘‘(E) an assessment of the degree to which 

8 the notice of removal for status offenses was pro9 vided under section 102(a) of the Act of Novem10 ber 8, 1978 (Public Law 95–608); 

11 ‘‘(4) to develop a process for informing Indian 

12 tribal governments when a juvenile member of that 

13 Indian tribe comes in contact with the juvenile justice 

14 system of the Federal, State, or other unit of local 

15 government and for facilitating intervention by, the 

16 provision of services by, or coordination with, such 

17 Indian tribe for any Indian juvenile member of that 

18 Indian tribe or other local Indian tribes; 

19 ‘‘(5) to facilitate the incorporation of tribal cul20 tural or traditional practices designed to reduce de21 linquency among Indian youth into Federal, State, or 

22 other unit of local government juvenile justice systems 

23 or programs; 

24 ‘‘(6) to develop or incorporate in existing pro25 grams partnerships among State educational agenVerDate Sep 11 2014 23:07 Dec 13, 2018 Jkt 089200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6203 E:\BILLS\S1953.RS S1953

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1 cies, local educational agencies, and Bureau-funded 

2 schools (as defined in section 1141 of the Education 

3 Amendments of 1978 (25 U.S.C. 2021)); and 

4 ‘‘(7) to conduct research and evaluate— 

5 ‘‘(A) the number of Indian juveniles who, 

6 prior to placement in the juvenile justice system, 

7 were under the care or custody of a State or trib8 al child welfare system and the number of In9 dian juveniles who are unable to return to their 

10 family after completing their disposition in the 

11 juvenile justice system and who remain wards of 

12 the State or Indian tribe; 

13 ‘‘(B) the extent to which State and tribal 

14 juvenile justice systems and child welfare systems 

15 are coordinating systems and treatment for the 

16 juveniles referred to in subparagraph (A); 

17 ‘‘(C) the types of post-placement services 

18 used; 

19 ‘‘(D) the frequency of case plan reviews for 

20 juveniles referred to in subparagraph (A) and 

21 the extent to which these case plans identify and 

22 address permanency and placement barriers and 

23 treatment plans; 

24 ‘‘(E) services, treatment, and aftercare 

25 placement of Indian juveniles who were under 


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1 the care of the State or tribal child protection 

2 system before their placement in the juvenile jus3 tice system; 

4 ‘‘(F) the frequency, seriousness, and inci5 dence of drug use by Indian youth in schools and 

6 tribal communities; 

7 ‘‘(G) in consultation and coordination with 

8 Indian tribes— 

9 ‘‘(i) the structure and needs of tribal 

10 juvenile justice systems; 

11 ‘‘(ii) the characteristics and outcomes 

12 for youth in tribal juvenile systems; and 

13 ‘‘(iii) recommendations for improving 

14 tribal juvenile justice systems; and 

15 ‘‘(H) educational program offerings for in16 carcerated Indian juveniles, the educational at17 tainment of incarcerated Indian juveniles, and 

18 potential links to recidivism among previously 

19 incarcerated Indian juveniles and delayed edu20 cational opportunities while incarcerated. 

21 ‘‘(b) CONSULTATION POLICY.—Not later than 1 year 

22 after the date of enactment of this section, the Attorney Gen23 eral and the Administrator shall issue a tribal consultation 

24 policy for the Office of Juvenile Justice and Delinquency 


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1 Prevention to govern the consultation by the Office to be 

2 conducted under subsection (a). 

3 ‘‘(c) ACTION.—Not later than 3 years after the date 

4 of enactment of the Tribal Law and Order Reauthorization 

5 and Amendments Act of 2018, the Administrator shall im6 plement the improvements, processes, and other activities 

7 under paragraphs (3), (4), (5), and (6) of subsection (a). 

8 ‘‘(d) REPORT.—Not later than 3 years after the date 

9 of enactment of the Tribal Law and Order Reauthorization 

10 and Amendments Act of 2018, the Administrator shall sub11 mit to the Committee on Indian Affairs of the Senate and 

12 the Committee on Education and the Workforce of the 

13 House of Representatives a report that summarizes the re14 sults of the consultation activities described in subsection 

15 (a)(2) and consultation policy described in subsection (b), 

16 recommendations, if any, for ensuring the implementation 

17 of paragraphs (3), (4), (5), and (6) of subsection (a), and 

18 any recommendations of the Coordinating Council on Juve19 nile Justice and Delinquency Prevention regarding improv20 ing resource and service delivery to Indian tribal commu21 nities.’’. 

22 SEC. 204. COORDINATING COUNCIL ON JUVENILE JUSTICE 

23 AND DELINQUENCY PREVENTION. 

24 Section 206 of the Juvenile Justice and Delinquency 

25 Prevention Act of 1974 (34 U.S.C. 11116) is amended— 


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1 (1) in subsection (a)— 

2 (A) in paragraph (1)— 

3 (i) by inserting ‘‘the Director of the In4 dian Health Service,’’ after ‘‘the Secretary 

5 of Health and Human Services,’’; and 

6 (ii) by striking ‘‘Commissioner of Im7 migration and Naturalization’’ and insert8 ing ‘‘Assistant Secretary for Immigration 

9 and Customs Enforcement, the Secretary of 

10 the Interior, the Assistant Secretary for In11 dian Affairs’’; and 

12 (B) in paragraph (2)(A), by striking 

13 ‘‘United States’’ and inserting ‘‘Federal Govern14 ment’’; and 

15 (2) in subsection (c)(1)— 

16 (A) in the first sentence, by inserting ‘‘, 

17 tribal,’’ after ‘‘State’’; and 

18 (B) in the second sentence, by inserting 

19 ‘‘tribal,’’ before ‘‘and local’’. 

20 SEC. 205. GRANTS FOR DELINQUENCY PREVENTION PRO21 GRAMS. 

22 Section 504 of the Juvenile Justice and Delinquency 

23 Prevention Act of 1974 (34 U.S.C. 11313) is amended— 


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1 (1) in subsection (a), in the matter preceding 

2 paragraph (1), by striking ‘‘tribe’’ and inserting 

3 ‘‘tribes’’; and 

4 (2) in subsection (d)(4), by striking ‘‘2011 

5 through 2015’’ and inserting ‘‘2018 through 2022’’. 


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Calendar No. 732 

115TH CONGRESS 

2D SESSION S. 1953 

[Report No. 115–433] 

A BILL 

To amend the Tribal Law and Order Act of 2010 

poses. ices to Indian communities, and for other purprovide for advancements in public safety servand the Indian Law Enforcement Reform Act to 

DECEMBER 13, 2018 

Reported with an amendment 


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