H. R. 725 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the fifth day of January, two thousand and ten 

An Act 

To protect Indian arts and crafts through the improvement of applicable criminal 

proceedings, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

TITLE I—INDIAN ARTS AND CRAFTS 

AMENDMENTS 

SEC. 101. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This title may be cited as the ‘‘Indian Arts 

and Crafts Amendments Act of 2010’’. 

(b) TABLE OF CONTENTS.—The table of contents of this title 

is as follows: 

Sec. 101. Short title; table of contents. 

Sec. 102. Indian arts and crafts. 

Sec. 103. Misrepresentation of Indian produced goods and products. 

SEC. 102. INDIAN ARTS AND CRAFTS. 

(a) CRIMINAL PROCEEDINGS; CIVIL ACTIONS; MISREPRESENTA- TIONS.—Section 5 of the Act entitled ‘‘An Act to promote the development of Indian arts and crafts and to create a board to assist 

therein, and for other purposes’’ (25 U.S.C. 305d) is amended to 

read as follows: 

‘‘SEC. 5. CRIMINAL PROCEEDINGS; CIVIL ACTIONS. 

‘‘(a) DEFINITION OF FEDERAL LAW ENFORCEMENT OFFICER.— 

In this section, the term ‘Federal law enforcement officer’ includes 

a Federal law enforcement officer (as defined in section 115(c) 

of title 18, United States Code). 

‘‘(b) AUTHORITY TO CONDUCT INVESTIGATIONS.—Any Federal 

law enforcement officer shall have the authority to conduct an 

investigation relating to an alleged violation of this Act occurring 

within the jurisdiction of the United States. 

‘‘(c) CRIMINAL PROCEEDINGS.— 

‘‘(1) INVESTIGATION.— 

‘‘(A) IN GENERAL.—The Board may refer an alleged 

violation of section 1159 of title 18, United States Code, 

to any Federal law enforcement officer for appropriate 

investigation. 

‘‘(B) REFERRAL NOT REQUIRED.—A Federal law enforcement officer may investigate an alleged violation of section 

1159 of that title regardless of whether the Federal law 
H. R. 725—2 

enforcement officer receives a referral under subparagraph 

(A). 

‘‘(2) FINDINGS.—The findings of an investigation of an 

alleged violation of section 1159 of title 18, United States 

Code, by any Federal department or agency under paragraph 

(1)(A) shall be submitted, as appropriate, to— 

‘‘(A) a Federal or State prosecuting authority; or 

‘‘(B) the Board. 

‘‘(3) RECOMMENDATIONS.—On receiving the findings of an 

investigation under paragraph (2), the Board may— 

‘‘(A) recommend to the Attorney General that criminal 

proceedings be initiated under section 1159 of title 18, 

United States Code; and 

‘‘(B) provide such support to the Attorney General 

relating to the criminal proceedings as the Attorney General determines to be appropriate. 

‘‘(d) CIVIL ACTIONS.—In lieu of, or in addition to, any criminal 

proceeding under subsection (c), the Board may recommend that 

the Attorney General initiate a civil action under section 6.’’. 

(b) CAUSE OF ACTION FOR MISREPRESENTATION.—Section 6 of 

the Act entitled ‘‘An Act to promote the development of Indian 

arts and crafts and to create a board to assist therein, and for 

other purposes’’ (25 U.S.C. 305e) is amended— 

(1) by striking subsection (d); 

(2) by redesignating subsections (a) through (c) as subsections (b) through (d), respectively; 

(3) by inserting before subsection (b) (as redesignated by 

paragraph (2)) the following: 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) INDIAN.—The term ‘Indian’ means an individual that— 

‘‘(A) is a member of an Indian tribe; or 

‘‘(B) is certified as an Indian artisan by an Indian 

tribe. 

‘‘(2) INDIAN PRODUCT.—The term ‘Indian product’ has the 

meaning given the term in any regulation promulgated by 

the Secretary. 

‘‘(3) INDIAN TRIBE.— 

‘‘(A) IN GENERAL.—The term ‘Indian tribe’ has the 

meaning given the term in section 4 of the Indian SelfDetermination and Education Assistance Act (25 U.S.C. 

450b). 

‘‘(B) INCLUSION.—The term ‘Indian tribe’ includes, for 

purposes of this section only, an Indian group that has 

been formally recognized as an Indian tribe by— 

‘‘(i) a State legislature; 

‘‘(ii) a State commission; or 

‘‘(iii) another similar organization vested with 

State legislative tribal recognition authority. 

‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary 

of the Interior.’’; 

(4) in subsection (b) (as redesignated by paragraph (2)), 

by striking ‘‘subsection (c)’’ and inserting ‘‘subsection (d)’’; 

(5) in subsection (c) (as redesignated by paragraph (2))— 

(A) by striking ‘‘subsection (a)’’ and inserting ‘‘subsection (b)’’; and 

(B) by striking ‘‘suit’’ and inserting ‘‘the civil action’’; 
H. R. 725—3 

(6) by striking subsection (d) (as redesignated by paragraph 

(2)) and inserting the following: 

‘‘(d) PERSONS THAT MAY INITIATE CIVIL ACTIONS.— 

‘‘(1) IN GENERAL.—A civil action under subsection (b) may 

be initiated by— 

‘‘(A) the Attorney General, at the request of the Secretary acting on behalf of— 

‘‘(i) an Indian tribe; 

‘‘(ii) an Indian; or 

‘‘(iii) an Indian arts and crafts organization; 

‘‘(B) an Indian tribe, acting on behalf of— 

‘‘(i) the Indian tribe; 

‘‘(ii) a member of that Indian tribe; or 

‘‘(iii) an Indian arts and crafts organization; 

‘‘(C) an Indian; or 

‘‘(D) an Indian arts and crafts organization. 

‘‘(2) DISPOSITION OF AMOUNTS RECOVERED.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), an amount recovered in a civil action under this section 

shall be paid to the Indian tribe, the Indian, or the Indian 

arts and crafts organization on the behalf of which the 

civil action was initiated. 

‘‘(B) EXCEPTIONS.— 

‘‘(i) ATTORNEY GENERAL.—In the case of a civil 

action initiated under paragraph (1)(A), the Attorney 

General may deduct from the amount— 

‘‘(I) the amount of the cost of the civil action 

and reasonable attorney’s fees awarded under subsection (c), to be deposited in the Treasury and 

credited to appropriations available to the Attorney 

General on the date on which the amount is recovered; and 

‘‘(II) the amount of the costs of investigation 

awarded under subsection (c), to reimburse the 

Board for the activities of the Board relating to 

the civil action. 

‘‘(ii) INDIAN TRIBE.—In the case of a civil action 

initiated under paragraph (1)(B), the Indian tribe may 

deduct from the amount— 

‘‘(I) the amount of the cost of the civil action; 

and 

‘‘(II) reasonable attorney’s fees.’’; and 

(7) in subsection (e), by striking ‘‘(e) In the event that’’ 

and inserting the following: 

‘‘(e) SAVINGS PROVISION.—If’’. 

SEC. 103. MISREPRESENTATION OF INDIAN PRODUCED GOODS AND 

PRODUCTS. 

Section 1159 of title 18, United States Code, is amended— 

(1) by striking subsection (b) and inserting the following: 

‘‘(b) PENALTY.—Any person that knowingly violates subsection 

(a) shall— 

‘‘(1) in the case of a first violation by that person— 

‘‘(A) if the applicable goods are offered or displayed for sale at a total price of $1,000 or more, or if the 

applicable goods are sold for a total price of $1,000 or 

more— 
H. R. 725—4 

‘‘(i) in the case of an individual, be fined not more 

than $250,000, imprisoned for not more than 5 years, 

or both; and 

‘‘(ii) in the case of a person other than an individual, be fined not more than $1,000,000; and 

‘‘(B) if the applicable goods are offered or displayed 

for sale at a total price of less than $1,000, or if the 

applicable goods are sold for a total price of less than 

$1,000— 

‘‘(i) in the case of an individual, be fined not more 

than $25,000, imprisoned for not more than 1 year, 

or both; and 

‘‘(ii) in the case of a person other than an individual, be fined not more than $100,000; and 

‘‘(2) in the case of a subsequent violation by that person, 

regardless of the amount for which any good is offered or 

displayed for sale or sold— 

‘‘(A) in the case of an individual, be fined under this 

title, imprisoned for not more than 15 years, or both; and 

‘‘(B) in the case of a person other than an individual, 

be fined not more than $5,000,000.’’; and 

(2) in subsection (c), by striking paragraph (3) and inserting 

the following: 

‘‘(3) the term ‘Indian tribe’— 

‘‘(A) has the meaning given the term in section 4 

of the Indian Self-Determination and Education Assistance 

Act (25 U.S.C. 450b); and 

‘‘(B) includes, for purposes of this section only, an 

Indian group that has been formally recognized as an 

Indian tribe by— 

‘‘(i) a State legislature; 

‘‘(ii) a State commission; or 

‘‘(iii) another similar organization vested with 

State legislative tribal recognition authority; and’’. 

TITLE II—TRIBAL LAW AND ORDER 

SEC. 201. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This title may be cited as the ‘‘Tribal Law 

and Order Act of 2010’’. 

(b) TABLE OF CONTENTS.—The table of contents of this title 

is as follows: 

Sec. 201. Short title; table of contents. 

Sec. 202. Findings; purposes. 

Sec. 203. Definitions. 

Sec. 204. Severability. 

Sec. 205. Jurisdiction of the State of Alaska. 

Sec. 206. Effect. 

Subtitle A—Federal Accountability and Coordination 

Sec. 211. Office of Justice Services responsibilities. 

Sec. 212. Disposition reports. 

Sec. 213. Prosecution of crimes in Indian country. 

Sec. 214. Administration. 

Subtitle B—State Accountability and Coordination 

Sec. 221. State criminal jurisdiction and resources. 

Sec. 222. State, tribal, and local law enforcement cooperation. 
H. R. 725—5 

Subtitle C—Empowering Tribal Law Enforcement Agencies and Tribal Governments 

Sec. 231. Tribal police officers. 

Sec. 232. Drug enforcement in Indian country. 

Sec. 233. Access to national criminal information databases. 

Sec. 234. Tribal court sentencing authority. 

Sec. 235. Indian Law and Order Commission. 

Sec. 236. Exemption for tribal display materials. 

Subtitle D—Tribal Justice Systems 

Sec. 241. Indian alcohol and substance abuse. 

Sec. 242. Indian tribal justice; technical and legal assistance. 

Sec. 243. Tribal resources grant program. 

Sec. 244. Tribal jails program. 

Sec. 245. Tribal probation office liaison program. 

Sec. 246. Tribal youth program. 

Sec. 247. Improving public safety presence in rural Alaska. 

Subtitle E—Indian Country Crime Data Collection and Information Sharing 

Sec. 251. Tracking of crimes committed in Indian country. 

Sec. 252. Criminal history record improvement program. 

Subtitle F—Domestic Violence and Sexual Assault Prosecution and Prevention 

Sec. 261. Prisoner release and reentry. 

Sec. 262. Domestic and sexual violence offense training. 

Sec. 263. Testimony by Federal employees. 

Sec. 264. Coordination of Federal agencies. 

Sec. 265. Sexual assault protocol. 

Sec. 266. Study of IHS sexual assault and domestic violence response capabilities. 

SEC. 202. FINDINGS; PURPOSES. 

(a) FINDINGS.—Congress finds that— 

(1) the United States has distinct legal, treaty, and trust 

obligations to provide for the public safety of Indian country; 

(2) Congress and the President have acknowledged that— 

(A) tribal law enforcement officers are often the first 

responders to crimes on Indian reservations; and 

(B) tribal justice systems are often the most appropriate institutions for maintaining law and order in Indian 

country; 

(3) less than 3,000 tribal and Federal law enforcement 

officers patrol more than 56,000,000 acres of Indian country, 

which reflects less than 1⁄2 of the law enforcement presence 

in comparable rural communities nationwide; 

(4) the complicated jurisdictional scheme that exists in 

Indian country— 

(A) has a significant negative impact on the ability 

to provide public safety to Indian communities; 

(B) has been increasingly exploited by criminals; and 

(C) requires a high degree of commitment and cooperation among tribal, Federal, and State law enforcement officials; 

(5)(A) domestic and sexual violence against American 

Indian and Alaska Native women has reached epidemic proportions; 

(B) 34 percent of American Indian and Alaska Native 

women will be raped in their lifetimes; and 

(C) 39 percent of American Indian and Alaska Native 

women will be subject to domestic violence; 

(6) Indian tribes have faced significant increases in 

instances of domestic violence, burglary, assault, and child 

abuse as a direct result of increased methamphetamine use 

on Indian reservations; and 
H. R. 725—6 

(7) crime data is a fundamental tool of law enforcement, 

but for decades the Bureau of Indian Affairs and the Department of Justice have not been able to coordinate or consistently 

report crime and prosecution rates in tribal communities. 

(b) PURPOSES.—The purposes of this title are— 

(1) to clarify the responsibilities of Federal, State, tribal, 

and local governments with respect to crimes committed in 

Indian country; 

(2) to increase coordination and communication among Federal, State, tribal, and local law enforcement agencies; 

(3) to empower tribal governments with the authority, 

resources, and information necessary to safely and effectively 

provide public safety in Indian country; 

(4) to reduce the prevalence of violent crime in Indian 

country and to combat sexual and domestic violence against 

American Indian and Alaska Native women; 

(5) to prevent drug trafficking and reduce rates of alcohol 

and drug addiction in Indian country; and 

(6) to increase and standardize the collection of criminal 

data and the sharing of criminal history information among 

Federal, State, and tribal officials responsible for responding 

to and investigating crimes in Indian country. 

SEC. 203. DEFINITIONS. 

(a) IN GENERAL.—In this title: 

(1) INDIAN COUNTRY.—The term ‘‘Indian country’’ has the 

meaning given the term in section 1151 of title 18, United 

States Code. 

(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning 

given the term in section 102 of the Federally Recognized 

Indian Tribe List Act of 1994 (25 U.S.C. 479a). 

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(4) TRIBAL GOVERNMENT.—The term ‘‘tribal government’’ 

means the governing body of a federally recognized Indian 

tribe. 

(b) INDIAN LAW ENFORCEMENT REFORM ACT.—Section 2 of the 

Indian Law Enforcement Reform Act (25 U.S.C. 2801) is amended 

by adding at the end the following: 

‘‘(10) The term ‘tribal justice official’ means— 

‘‘(A) a tribal prosecutor; 

‘‘(B) a tribal law enforcement officer; or 

‘‘(C) any other person responsible for investigating or 

prosecuting an alleged criminal offense in tribal court.’’. 

SEC. 204. SEVERABILITY. 

If any provision of this title, an amendment made by this 

title, or the application of such a provision or amendment to any 

individual, entity, or circumstance, is determined by a court of 

competent jurisdiction to be invalid, the remaining provisions of 

this title, the remaining amendments made by this title, and the 

application of those provisions and amendments to individuals, 

entities, or circumstances other than the affected individual, entity, 

or circumstance shall not be affected. 
H. R. 725—7 

SEC. 205. JURISDICTION OF THE STATE OF ALASKA. 

Nothing in this Act limits, alters, expands, or diminishes the 

civil or criminal jurisdiction of the State of Alaska, any subdivision 

of the State of Alaska, or any Indian tribe in that State. 

SEC. 206. EFFECT. 

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

Subtitle A—Federal Accountability and 

Coordination 

SEC. 211. OFFICE OF JUSTICE SERVICES RESPONSIBILITIES. 

(a) DEFINITIONS.—Section 2 of the Indian Law Enforcement 

Reform Act (25 U.S.C. 2801) is amended— 

(1) by striking paragraph (8); 

(2) by redesignating paragraphs (1) through (7) as paragraphs (2) through (8), respectively; 

(3) by redesignating paragraph (9) as paragraph (1) and 

moving the paragraphs so as to appear in numerical order; 

and 

(4) in paragraph (1) (as redesignated by paragraph (3)), 

by striking ‘‘Division of Law Enforcement Services’’ and 

inserting ‘‘Office of Justice Services’’. 

(b) ADDITIONAL RESPONSIBILITIES OF OFFICE.—Section 3 of the 

Indian Law Enforcement Reform Act (25 U.S.C. 2802) is amended— 

(1) in subsection (b), by striking ‘‘(b) There is hereby established within the Bureau a Division of Law Enforcement Services which’’ and inserting the following: 

‘‘(b) OFFICE OF JUSTICE SERVICES.—There is established in the 

Bureau an office, to be known as the ‘Office of Justice Services’, 

that’’; 

(2) in subsection (c)— 

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

‘‘Division of Law Enforcement Services’’ and inserting 

‘‘Office of Justice Services’’; 

(B) in paragraph (8), by striking ‘‘and’’ at the end; 

(C) in paragraph (9), by striking the period at the 

end and inserting a semicolon; and 

(D) by adding at the end the following: 

‘‘(10) the development and provision of dispatch and emergency and E–911 services; 

‘‘(11) communicating with tribal leaders, tribal community 

and victims’ advocates, tribal justice officials, indigent defense 

representatives, and residents of Indian country on a regular 

basis regarding public safety and justice concerns facing tribal 

communities; 

‘‘(12) conducting meaningful and timely consultation with 

tribal leaders and tribal justice officials in the development 

of regulatory policies and other actions that affect public safety 

and justice in Indian country; 

‘‘(13) providing technical assistance and training to tribal 

law enforcement officials to gain access and input authority 

to utilize the National Criminal Information Center and other 

national crime information databases pursuant to section 534 

of title 28, United States Code; 
H. R. 725—8 

‘‘(14) in coordination with the Attorney General pursuant 

to subsection (g) of section 302 of the Omnibus Crime Control 

and Safe Streets Act of 1968 (42 U.S.C. 3732), collecting, analyzing, and reporting data regarding Indian country crimes 

on an annual basis; 

‘‘(15) on an annual basis, sharing with the Department 

of Justice all relevant crime data, including Uniform Crime 

Reports, that the Office of Justice Services prepares and 

receives from tribal law enforcement agencies on a tribe-bytribe basis to ensure that individual tribal governments providing data are eligible for programs offered by the Department 

of Justice; 

‘‘(16) submitting to the appropriate committees of Congress, 

for each fiscal year, a detailed spending report regarding tribal 

public safety and justice programs that includes— 

‘‘(A)(i) the number of full-time employees of the Bureau 

and tribal governments who serve as— 

‘‘(I) criminal investigators; 

‘‘(II) uniform police; 

‘‘(III) police and emergency dispatchers; 

‘‘(IV) detention officers; 

‘‘(V) executive personnel, including special agents 

in charge, and directors and deputies of various offices 

in the Office of Justice Services; and 

‘‘(VI) tribal court judges, prosecutors, public 

defenders, appointed defense counsel, or related staff; 

and 

‘‘(ii) the amount of appropriations obligated for each 

category described in clause (i) for each fiscal year; 

‘‘(B) a list of amounts dedicated to law enforcement 

and corrections, vehicles, related transportation costs, 

equipment, inmate transportation costs, inmate transfer 

costs, replacement, improvement, and repair of facilities, 

personnel transfers, detailees and costs related to their 

details, emergency events, public safety and justice communications and technology costs, and tribal court personnel, 

facilities, indigent defense, and related program costs; 

‘‘(C) a list of the unmet staffing needs of law enforcement, corrections, and court personnel (including indigent 

defense and prosecution staff) at tribal and Bureau of 

Indian Affairs justice agencies, the replacement and repair 

needs of tribal and Bureau corrections facilities, needs for 

tribal police and court facilities, and public safety and 

emergency communications and technology needs; and 

‘‘(D) the formula, priority list or other methodology 

used to determine the method of disbursement of funds 

for the public safety and justice programs administered 

by the Office of Justice Services; 

‘‘(17) submitting to the appropriate committees of Congress, 

for each fiscal year, a report summarizing the technical assistance, training, and other support provided to tribal law enforcement and corrections agencies that operate relevant programs 

pursuant to self-determination contracts or self-governance 

compacts with the Secretary; and 

‘‘(18) promulgating regulations to carry out this Act, and 

routinely reviewing and updating, as necessary, the regulations 
H. R. 725—9 

contained in subchapter B of title 25, Code of Federal Regulations (or successor regulations).’’; 

(3) in subsection (d)— 

(A) in paragraph (1), by striking ‘‘Division of Law 

Enforcement Services’’ and inserting ‘‘Office of Justice Services’’; and 

(B) in paragraph (4)(i), in the first sentence, by striking 

‘‘Division’’ and inserting ‘‘Office of Justice Services’’; 

(4) in subsection (e), by striking ‘‘Division of Law Enforcement Services’’ each place it appears and inserting ‘‘Office 

of Justice Services’’; and 

(5) by adding at the end the following: 

‘‘(f) LONG-TERM PLAN FOR TRIBAL DETENTION PROGRAMS.—Not 

later than 1 year after the date of enactment of this subsection, 

the Secretary, acting through the Bureau, in coordination with 

the Department of Justice and in consultation with tribal leaders, 

tribal courts, tribal law enforcement officers, and tribal corrections 

officials, shall submit to Congress a long-term plan to address 

incarceration in Indian country, including— 

‘‘(1) a description of proposed activities for— 

‘‘(A) the construction, operation, and maintenance of 

juvenile (in accordance with section 4220(a)(3) of the Indian 

Alcohol and Substance Abuse Prevention and Treatment 

Act of 1986 (25 U.S.C. 2453(a)(3)) and adult detention 

facilities (including regional facilities) in Indian country; 

‘‘(B) contracting with State and local detention centers, 

upon approval of affected tribal governments; and 

‘‘(C) alternatives to incarceration, developed in cooperation with tribal court systems; 

‘‘(2) an assessment and consideration of the construction 

of Federal detention facilities in Indian country; and 

‘‘(3) any other alternatives as the Secretary, in coordination 

with the Attorney General and in consultation with Indian 

tribes, determines to be necessary.’’. 

(c) LAW ENFORCEMENT AUTHORITY.—Section 4 of the Indian 

Law Enforcement Reform Act (25 U.S.C. 2803) is amended— 

(1) in paragraph (2)(A), by striking ‘‘), or’’ and inserting 

‘‘or offenses processed by the Central Violations Bureau); or’’; 

and 

(2) in paragraph (3)— 

(A) in subparagraph (B), by striking ‘‘, or’’ at the end 

and inserting a semicolon; 

(B) in subparagraphs (B) and (C), by striking ‘‘reasonable grounds’’ each place it appears and inserting ‘‘probable 

cause’’; 

(C) in subparagraph (C), by adding ‘‘or’’ at the end; 

and 

(D) by adding at the end the following: 

‘‘(D)(i) the offense involves— 

‘‘(I) a misdemeanor controlled substance offense 

in violation of— 

‘‘(aa) the Controlled Substances Act (21 U.S.C. 

801 et seq.); 

‘‘(bb) title IX of the Personal Responsibility 

and Work Opportunity Reconciliation Act of 1996 

(21 U.S.C. 862a et seq.); or 
H. R. 725—10 

‘‘(cc) section 731 of the USA PATRIOT 

Improvement and Reauthorization Act of 2005 (21 

U.S.C. 865); 

‘‘(II) a misdemeanor firearms offense in violation 

of chapter 44 of title 18, United States Code; 

‘‘(III) a misdemeanor assault in violation of chapter 

7 of title 18, United States Code; or 

‘‘(IV) a misdemeanor liquor trafficking offense in 

violation of chapter 59 of title 18, United States Code; 

and 

‘‘(ii) the employee has probable cause to believe that 

the individual to be arrested has committed, or is committing, the crime;’’. 

SEC. 212. DISPOSITION REPORTS. 

Section 10 of the Indian Law Enforcement Reform Act (25 

U.S.C. 2809) is amended by striking subsections (a) through (d) 

and inserting the following: 

‘‘(a) COORDINATION AND DATA COLLECTION.— 

‘‘(1) INVESTIGATIVE COORDINATION.—Subject to subsection 

(c), if a law enforcement officer or employee of any Federal 

department or agency terminates an investigation of an alleged 

violation of Federal criminal law in Indian country without 

referral for prosecution, the officer or employee shall coordinate 

with the appropriate tribal law enforcement officials regarding 

the status of the investigation and the use of evidence relevant 

to the case in a tribal court with authority over the crime 

alleged. 

‘‘(2) INVESTIGATION DATA.—The Federal Bureau of Investigation shall compile, on an annual basis and by Field Division, 

information regarding decisions not to refer to an appropriate 

prosecuting authority cases in which investigations had been 

opened into an alleged crime in Indian country, including— 

‘‘(A) the types of crimes alleged; 

‘‘(B) the statuses of the accused as Indians or nonIndians; 

‘‘(C) the statuses of the victims as Indians or nonIndians; and 

‘‘(D) the reasons for deciding against referring the 

investigation for prosecution. 

‘‘(3) PROSECUTORIAL COORDINATION.—Subject to subsection 

(c), if a United States Attorney declines to prosecute, or acts 

to terminate prosecution of, an alleged violation of Federal 

criminal law in Indian country, the United States Attorney 

shall coordinate with the appropriate tribal justice officials 

regarding the status of the investigation and the use of evidence 

relevant to the case in a tribal court with authority over the 

crime alleged. 

‘‘(4) PROSECUTION DATA.—The United States Attorney shall 

submit to the Native American Issues Coordinator to compile, 

on an annual basis and by Federal judicial district, information 

regarding all declinations of alleged violations of Federal 

criminal law that occurred in Indian country that were referred 

for prosecution by law enforcement agencies, including— 

‘‘(A) the types of crimes alleged; 

‘‘(B) the statuses of the accused as Indians or nonIndians; 
H. R. 725—11 

‘‘(C) the statuses of the victims as Indians or nonIndians; and 

‘‘(D) the reasons for deciding to decline or terminate 

the prosecutions. 

‘‘(b) ANNUAL REPORTS.—The Attorney General shall submit to 

Congress annual reports containing, with respect to the applicable 

calendar year, the information compiled under paragraphs (2) and 

(4) of subsection (a)— 

‘‘(1) organized— 

‘‘(A) in the aggregate; and 

‘‘(B)(i) for the Federal Bureau of Investigation, by Field 

Division; and 

‘‘(ii) for United States Attorneys, by Federal judicial 

district; and 

‘‘(2) including any relevant explanatory statements. 

‘‘(c) EFFECT OF SECTION.— ‘‘(1) IN GENERAL.—Nothing in this section requires any 

Federal agency or official to transfer or disclose any confidential, privileged, or statutorily protected communication, 

information, or source to an official of any Indian tribe. 

‘‘(2) FEDERAL RULES OF CRIMINAL PROCEDURE.—Nothing in 

this section affects or limits the requirements of Rule 6 of 

the Federal Rules of Criminal Procedure. 

‘‘(3) REGULATIONS.—The Attorney General shall establish, 

by regulation, standards for the protection of the confidential 

or privileged communications, information, and sources 

described in this section.’’. 

SEC. 213. PROSECUTION OF CRIMES IN INDIAN COUNTRY. 

(a) APPOINTMENT OF SPECIAL PROSECUTORS.— (1) IN GENERAL.—Section 543 of title 28, United States 

Code, is amended— 

(A) in subsection (a), by inserting before the period 

at the end the following: ‘‘, including the appointment 

of qualified tribal prosecutors and other qualified attorneys 

to assist in prosecuting Federal offenses committed in 

Indian country’’; and 

(B) by adding at the end the following: 

‘‘(c) INDIAN COUNTRY.—In this section, the term ‘Indian country’ 

has the meaning given that term in section 1151 of title 18.’’. 

(2) SENSE OF CONGRESS REGARDING CONSULTATION.—It is 

the sense of Congress that, in appointing attorneys under section 543 of title 28, United States Code, to serve as special 

prosecutors in Indian country, the Attorney General should 

consult with tribal justice officials of each Indian tribe that 

would be affected by the appointment. 

(b) TRIBAL LIAISONS.— (1) IN GENERAL.—The Indian Law Enforcement Reform 

Act (25 U.S.C. 2801 et seq.) is amended by adding at the 

end the following: 

‘‘SEC. 13. ASSISTANT UNITED STATES ATTORNEY TRIBAL LIAISONS. 

‘‘(a) APPOINTMENT.—The United States Attorney for each district that includes Indian country shall appoint not less than 1 

assistant United States Attorney to serve as a tribal liaison for 

the district. 

‘‘(b) DUTIES.—The duties of a tribal liaison shall include the 

following: 
H. R. 725—12 

‘‘(1) Coordinating the prosecution of Federal crimes that 

occur in Indian country. 

‘‘(2) Developing multidisciplinary teams to combat child 

abuse and domestic and sexual violence offenses against 

Indians. 

‘‘(3) Consulting and coordinating with tribal justice officials 

and victims’ advocates to address any backlog in the prosecution 

of major crimes in Indian country in the district. 

‘‘(4) Developing working relationships and maintaining 

communication with tribal leaders, tribal community and victims’ advocates, and tribal justice officials to gather information 

from, and share appropriate information with, tribal justice 

officials. 

‘‘(5) Coordinating with tribal prosecutors in cases in which 

a tribal government has concurrent jurisdiction over an alleged 

crime, in advance of the expiration of any applicable statute 

of limitation. 

‘‘(6) Providing technical assistance and training regarding 

evidence gathering techniques and strategies to address victim 

and witness protection to tribal justice officials and other 

individuals and entities that are instrumental to responding 

to Indian country crimes. 

‘‘(7) Conducting training sessions and seminars to certify 

special law enforcement commissions to tribal justice officials 

and other individuals and entities responsible for responding 

to Indian country crimes. 

‘‘(8) Coordinating with the Office of Tribal Justice, as necessary. 

‘‘(9) Conducting such other activities to address and prevent 

violent crime in Indian country as the applicable United States 

Attorney determines to be appropriate. 

‘‘(c) EFFECT OF SECTION.—Nothing in this section limits the 

authority of any United States Attorney to determine the duties 

of a tribal liaison officer to meet the needs of the Indian tribes 

located within the relevant Federal district. 

‘‘(d) ENHANCED PROSECUTION OF MINOR CRIMES.— 

‘‘(1) IN GENERAL.—Each United States Attorney serving 

a district that includes Indian country is authorized and encouraged— 

‘‘(A) to appoint Special Assistant United States Attorneys pursuant to section 543(a) of title 28, United States 

Code, to prosecute crimes in Indian country as necessary 

to improve the administration of justice, and particularly 

when— 

‘‘(i) the crime rate exceeds the national average 

crime rate; or 

‘‘(ii) the rate at which criminal offenses are 

declined to be prosecuted exceeds the national average 

declination rate; 

‘‘(B) to coordinate with applicable United States district 

courts regarding scheduling of Indian country matters and 

holding trials or other proceedings in Indian country, as 

appropriate; 

‘‘(C) to provide to appointed Special Assistant United 

States Attorneys appropriate training, supervision, and 

staff support; and 
H. R. 725—13 

‘‘(D) to provide technical and other assistance to tribal 

governments and tribal court systems to ensure that the 

goals of this subsection are achieved. 

‘‘(2) SENSE OF CONGRESS REGARDING CONSULTATION.—It is 

the sense of Congress that, in appointing Special Assistant 

United States Attorneys under this subsection, a United States 

Attorney should consult with tribal justice officials of each 

Indian tribe that would be affected by the appointment.’’. 

(2) SENSE OF CONGRESS REGARDING EVALUATIONS OF TRIBAL

LIAISONS.— 

(A) FINDINGS.—Congress finds that— 

(i) many residents of Indian country rely solely 

on United States Attorneys offices to prosecute felony 

and misdemeanor crimes occurring on Indian land; 

and 

(ii) tribal liaisons have dual obligations of— 

(I) coordinating prosecutions of Indian country 

crime; and 

(II) developing relationships with residents of 

Indian country and serving as a link between 

Indian country residents and the Federal justice 

process. 

(B) SENSE OF CONGRESS.—It is the sense of Congress 

that the Attorney General should— 

(i) take all appropriate actions to encourage the 

aggressive prosecution of all Federal crimes committed 

in Indian country; and 

(ii) when appropriate, take into consideration the 

dual responsibilities of tribal liaisons described in 

subparagraph (A)(ii) in evaluating the performance of 

the tribal liaisons. 

SEC. 214. ADMINISTRATION. 

(a) OFFICE OF TRIBAL JUSTICE.— (1) DEFINITIONS.—Section 4 of the Indian Tribal Justice 

Technical and Legal Assistance Act of 2000 (25 U.S.C. 3653) 

is amended— 

(A) by redesignating paragraphs (2) through (7) as 

paragraphs (3) through (8), respectively; and 

(B) by inserting after paragraph (1) the following: 

‘‘(2) DIRECTOR.—The term ‘Director’ means the Director 

of the Office of Tribal Justice.’’. 

(2) STATUS.—Title I of the Indian Tribal Justice Technical 

and Legal Assistance Act of 2000 is amended— 

(A) by redesignating section 106 (25 U.S.C. 3666) as 

section 107; and 

(B) by inserting after section 105 (25 U.S.C. 3665) 

the following: 

‘‘SEC. 106. OFFICE OF TRIBAL JUSTICE. 

‘‘(a) IN GENERAL.—Not later than 90 days after the date of 

enactment of the Tribal Law and Order Act of 2010, the Attorney 

General shall establish the Office of Tribal Justice as a component 

of the Department. 

‘‘(b) PERSONNEL AND FUNDING.—The Attorney General shall 

provide to the Office of Tribal Justice such personnel and funds 

as are necessary to establish the Office of Tribal Justice as a 

component of the Department under subsection (a). 
H. R. 725—14 

‘‘(c) DUTIES.—The Office of Tribal Justice shall— 

‘‘(1) serve as the program and legal policy advisor to the 

Attorney General with respect to the treaty and trust relationship between the United States and Indian tribes; 

‘‘(2) serve as the point of contact for federally recognized 

tribal governments and tribal organizations with respect to 

questions and comments regarding policies and programs of 

the Department and issues relating to public safety and justice 

in Indian country; and 

‘‘(3) coordinate with other bureaus, agencies, offices, and 

divisions within the Department of Justice to ensure that each 

component has an accountable process to ensure meaningful 

and timely consultation with tribal leaders in the development 

of regulatory policies and other actions that affect— 

‘‘(A) the trust responsibility of the United States to 

Indian tribes; 

‘‘(B) any tribal treaty provision; 

‘‘(C) the status of Indian tribes as sovereign governments; or 

‘‘(D) any other tribal interest.’’. 

(b) NATIVE AMERICAN ISSUES COORDINATOR.—The Indian Law 

Enforcement Reform Act (25 U.S.C. 2801 et seq.) (as amended 

by section 213(b)) is amended by adding at the end the following: 

‘‘SEC. 14. NATIVE AMERICAN ISSUES COORDINATOR. 

‘‘(a) ESTABLISHMENT.—There is established in the Executive 

Office for United States Attorneys of the Department of Justice 

a position to be known as the ‘Native American Issues Coordinator’. 

‘‘(b) DUTIES.—The Native American Issues Coordinator shall— 

‘‘(1) coordinate with the United States Attorneys that have 

authority to prosecute crimes in Indian country; 

‘‘(2) coordinate prosecutions of crimes of national significance in Indian country, as determined by the Attorney General; 

‘‘(3) coordinate as necessary with other components of the 

Department of Justice and any relevant advisory groups to 

the Attorney General or the Deputy Attorney General; and 

‘‘(4) carry out such other duties as the Attorney General 

may prescribe.’’. 

Subtitle B—State Accountability and 

Coordination 

SEC. 221. STATE CRIMINAL JURISDICTION AND RESOURCES. 

(a) CONCURRENT AUTHORITY OF UNITED STATES.—Section 

401(a) of the Indian Civil Rights Act of 1968 (25 U.S.C. 1321(a)) 

is amended— 

(1) by striking the section designation and heading and 

all that follows through ‘‘The consent of the United States’’ 

and inserting the following: 

‘‘SEC. 401. ASSUMPTION BY STATE OF CRIMINAL JURISDICTION. 

‘‘(a) CONSENT OF UNITED STATES.— ‘‘(1) IN GENERAL.—The consent of the United States’’; and 

(2) by adding at the end the following: 
H. R. 725—15 

‘‘(2) CONCURRENT JURISDICTION.—At the request of an 

Indian tribe, and after consultation with and consent by the 

Attorney General, the United States shall accept concurrent 

jurisdiction to prosecute violations of sections 1152 and 1153 

of title 18, United States Code, within the Indian country 

of the Indian tribe.’’. 

(b) APPLICABLE LAW.—Section 1162 of title 18, United States 

Code, is amended by adding at the end the following: 

‘‘(d) Notwithstanding subsection (c), at the request of an Indian 

tribe, and after consultation with and consent by the Attorney 

General— 

‘‘(1) sections 1152 and 1153 shall apply in the areas of 

the Indian country of the Indian tribe; and 

‘‘(2) jurisdiction over those areas shall be concurrent among 

the Federal Government, State governments, and, where 

applicable, tribal governments.’’. 

SEC. 222. STATE, TRIBAL, AND LOCAL LAW ENFORCEMENT COOPERATION. 

The Attorney General may provide technical and other assistance to State, tribal, and local governments that enter into cooperative agreements, including agreements relating to mutual aid, hot 

pursuit of suspects, and cross-deputization for the purposes of— 

(1) improving law enforcement effectiveness; 

(2) reducing crime in Indian country and nearby communities; and 

(3) developing successful cooperative relationships that 

effectively combat crime in Indian country and nearby communities. 

Subtitle C—Empowering Tribal Law Enforcement Agencies and Tribal Governments 

SEC. 231. TRIBAL POLICE OFFICERS. 

(a) FLEXIBILITY IN TRAINING LAW ENFORCEMENT OFFICERS

SERVING INDIAN COUNTRY.—Section 3(e) of the Indian Law Enforcement Reform Act (25 U.S.C. 2802(e)) (as amended by section 

211(b)(4)) is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘(e)(1) The Secretary’’ and inserting 

the following: 

‘‘(e) STANDARDS OF EDUCATION AND EXPERIENCE AND CLASSIFICATION OF POSITIONS.— 

‘‘(1) STANDARDS OF EDUCATION AND EXPERIENCE.— 

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

(B) by adding at the end the following: 

‘‘(B) REQUIREMENTS FOR TRAINING.—The training 

standards established under subparagraph (A)— 

‘‘(i) shall be consistent with standards accepted 

by the Federal Law Enforcement Training Accreditation commission for law enforcement officers attending 

similar programs; and 
H. R. 725—16 

‘‘(ii) shall include, or be supplemented by, instruction regarding Federal sources of authority and jurisdiction, Federal crimes, Federal rules of criminal procedure, and constitutional law to bridge the gap between 

State training and Federal requirements. 

‘‘(C) TRAINING AT STATE, TRIBAL, AND LOCAL ACADEMIES.—Law enforcement personnel of the Office of Justice 

Services or an Indian tribe may satisfy the training standards established under subparagraph (A) through training 

at a State or tribal police academy, a State, regional, local, 

or tribal college or university, or other training academy 

(including any program at a State, regional, local, or tribal 

college or university) that meets the appropriate Peace 

Officer Standards of Training. 

‘‘(D) MAXIMUM AGE REQUIREMENT.—Pursuant to section 

3307(e) of title 5, United States Code, the Secretary may 

employ as a law enforcement officer under section 4 any 

individual under the age of 47, if the individual meets 

all other applicable hiring requirements for the applicable 

law enforcement position.’’; 

(2) in paragraph (3), by striking ‘‘Agencies’’ and inserting 

‘‘agencies’’; and 

(3) by adding at the end the following: 

‘‘(4) BACKGROUND CHECKS FOR TRIBAL JUSTICE OFFICIALS.— 

‘‘(A) IN GENERAL.—The Office of Justice Services shall 

develop standards and deadlines for the provision of background checks to tribal law enforcement and corrections 

officials. 

‘‘(B) TIMING.—If a request for a background check is 

made by an Indian tribe that has contracted or entered 

into a compact for law enforcement or corrections services 

with the Bureau of Indian Affairs pursuant to the Indian 

Self-Determination and Education Assistance Act (25 

U.S.C. 450 et seq.), the Office of Justice Services shall 

complete the check not later than 60 days after the date 

of receipt of the request, unless an adequate reason for 

failure to respond by that date is provided to the Indian 

tribe in writing.’’. 

(b) SPECIAL LAW ENFORCEMENT COMMISSIONS.—Section 5 of 

the Indian Law Enforcement Reform Act (25 U.S.C. 2804) is 

amended— 

(1) by striking ‘‘(a) The Secretary may enter into an agreement’’ and inserting the following: 

‘‘(a) AGREEMENTS.— 

‘‘(1) IN GENERAL.—Not later than 180 days after the date 

of enactment of the Tribal Law and Order Act of 2010, the 

Secretary shall establish procedures to enter into memoranda 

of agreement’’; 

(2) in the second sentence, by striking ‘‘The Secretary’’ 

and inserting the following: 

‘‘(2) CERTAIN ACTIVITIES.—The Secretary’’; and 

(3) by adding at the end the following: 

‘‘(3) PROGRAM ENHANCEMENT.— 

‘‘(A) TRAINING SESSIONS IN INDIAN COUNTRY.— ‘‘(i) IN GENERAL.—The procedures described in 

paragraph (1) shall include the development of a plan 

to enhance the certification and provision of special 
H. R. 725—17 

law enforcement commissions to tribal law enforcement 

officials, and, subject to subsection (d), State and local 

law enforcement officials, pursuant to this section. 

‘‘(ii) INCLUSIONS.—The plan under clause (i) shall 

include the hosting of regional training sessions in 

Indian country, not less frequently than biannually, 

to educate and certify candidates for the special law 

enforcement commissions. 

‘‘(B) MEMORANDA OF AGREEMENT.— ‘‘(i) IN GENERAL.—Not later than 180 days after 

the date of enactment of the Tribal Law and Order 

Act of 2010, the Secretary, in consultation with Indian 

tribes and tribal law enforcement agencies, shall 

develop minimum requirements to be included in special law enforcement commission agreements pursuant 

to this section. 

‘‘(ii) SUBSTANCE OF AGREEMENTS.—Each agreement 

entered into pursuant to this section shall reflect the 

status of the applicable certified individual as a Federal 

law enforcement officer under subsection (f), acting 

within the scope of the duties described in section 

3(c). 

‘‘(iii) AGREEMENT.—Not later than 60 days after 

the date on which the Secretary determines that all 

applicable requirements under clause (i) are met, the 

Secretary shall offer to enter into a special law enforcement commission agreement with the Indian tribe.’’. 

(c) INDIAN LAW ENFORCEMENT FOUNDATION.—The Indian SelfDetermination and Education Assistance Act (25 U.S.C. 450 et 

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

‘‘TITLE VII—INDIAN LAW 

ENFORCEMENT FOUNDATION 

‘‘SEC. 701. DEFINITIONS. 

‘‘In this title: 

‘‘(1) BOARD.—The term ‘Board’ means the Board of Directors of the Foundation. 

‘‘(2) BUREAU.—The term ‘Bureau’ means the Office of Justice Services of the Bureau of Indian Affairs. 

‘‘(3) COMMITTEE.—The term ‘Committee’ means the Committee for the Establishment of the Indian Law Enforcement 

Foundation established under section 702(e)(1). 

‘‘(4) FOUNDATION.—The term ‘Foundation’ means the 

Indian Law Enforcement Foundation established under section 

702. 

‘‘(5) SECRETARY.—The term ‘Secretary’ means the Secretary 

of the Interior. 

‘‘SEC. 702. INDIAN LAW ENFORCEMENT FOUNDATION. 

‘‘(a) ESTABLISHMENT.— 

‘‘(1) IN GENERAL.—As soon as practicable after the date 

of enactment of this title, the Secretary shall establish, under 

the laws of the District of Columbia and in accordance with 

this title, a foundation, to be known as the ‘Indian Law Enforcement Foundation’. 
H. R. 725—18 

‘‘(2) FUNDING DETERMINATIONS.—No funds, gift, property, 

or other item of value (including any interest accrued on such 

an item) acquired by the Foundation shall— 

‘‘(A) be taken into consideration for purposes of determining Federal appropriations relating to the provision 

of public safety or justice services to Indians; or 

‘‘(B) otherwise limit, diminish, or affect the Federal 

responsibility for the provision of public safety or justice 

services to Indians. 

‘‘(b) NATURE OF CORPORATION.—The Foundation— 

‘‘(1) shall be a charitable and nonprofit federally chartered 

corporation; and 

‘‘(2) shall not be an agency or instrumentality of the United 

States. 

‘‘(c) PLACE OF INCORPORATION AND DOMICILE.—The Foundation 

shall be incorporated and domiciled in the District of Columbia. 

‘‘(d) DUTIES.—The Foundation shall— 

‘‘(1) encourage, accept, and administer, in accordance with 

the terms of each donation, private gifts of real and personal 

property, and any income from or interest in such gifts, for 

the benefit of, or in support of, public safety and justice services 

in American Indian and Alaska Native communities; and 

‘‘(2) assist the Office of Justice Services of the Bureau 

of Indian Affairs and Indian tribal governments in funding 

and conducting activities and providing education to advance 

and support the provision of public safety and justice services 

in American Indian and Alaska Native communities. 

‘‘(e) COMMITTEE FOR THE ESTABLISHMENT OF THE INDIAN LAW

ENFORCEMENT FOUNDATION.— 

‘‘(1) IN GENERAL.—The Secretary shall establish a committee, to be known as the ‘Committee for the Establishment 

of the Indian Law Enforcement Foundation’, to assist the Secretary in establishing the Foundation. 

‘‘(2) DUTIES.—Not later than 180 days after the date of 

enactment of this section, the Committee shall— 

‘‘(A) carry out such activities as are necessary to incorporate the Foundation under the laws of the District of 

Columbia, including acting as incorporators of the Foundation; 

‘‘(B) ensure that the Foundation qualifies for and maintains the status required to carry out this section, until 

the date on which the Board is established; 

‘‘(C) establish the constitution and initial bylaws of 

the Foundation; 

‘‘(D) provide for the initial operation of the Foundation, 

including providing for temporary or interim quarters, 

equipment, and staff; and 

‘‘(E) appoint the initial members of the Board in accordance with the constitution and initial bylaws of the Foundation. 

‘‘(f) BOARD OF DIRECTORS.— 

‘‘(1) IN GENERAL.—The Board of Directors shall be the 

governing body of the Foundation. 

‘‘(2) POWERS.—The Board may exercise, or provide for the 

exercise of, the powers of the Foundation. 

‘‘(3) SELECTION.— 
H. R. 725—19 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), the 

number of members of the Board, the manner of selection 

of the members (including the filling of vacancies), and 

the terms of office of the members shall be as provided 

in the constitution and bylaws of the Foundation. 

‘‘(B) REQUIREMENTS.— 

‘‘(i) NUMBER OF MEMBERS.—The Board shall be 

composed of not less than 7 members. 

‘‘(ii) INITIAL VOTING MEMBERS.—The initial voting 

members of the Board— 

‘‘(I) shall be appointed by the Committee not 

later than 180 days after the date on which the 

Foundation is established; and 

‘‘(II) shall serve for staggered terms. 

‘‘(iii) QUALIFICATION.—The members of the Board 

shall be United States citizens with knowledge or 

experience regarding public safety and justice in Indian 

and Alaska Native communities. 

‘‘(C) COMPENSATION.—A member of the Board shall 

not receive compensation for service as a member, but 

shall be reimbursed for actual and necessary travel and 

subsistence expenses incurred in the performance of the 

duties of the Foundation. 

‘‘(g) OFFICERS.— 

‘‘(1) IN GENERAL.—The officers of the Foundation shall be— 

‘‘(A) a Secretary, elected from among the members 

of the Board; and 

‘‘(B) any other officers provided for in the constitution 

and bylaws of the Foundation. 

‘‘(2) CHIEF OPERATING OFFICER.— ‘‘(A) SECRETARY.—Subject to subparagraph (B), the Secretary of the Foundation may serve, at the direction of 

the Board, as the chief operating officer of the Foundation. 

‘‘(B) APPOINTMENT.—The Board may appoint a chief 

operating officer in lieu of the Secretary of the Foundation 

under subparagraph (A), who shall serve at the direction 

of the Board. 

‘‘(3) ELECTION.—The manner of election, term of office, 

and duties of the officers of the Foundation shall be as provided 

in the constitution and bylaws of the Foundation. 

‘‘(h) POWERS.—The Foundation— 

‘‘(1) shall adopt a constitution and bylaws for the management of the property of the Foundation and the regulation 

of the affairs of the Foundation; 

‘‘(2) may adopt and alter a corporate seal; 

‘‘(3) may enter into contracts; 

‘‘(4) may acquire (through gift or otherwise), own, lease, 

encumber, and transfer real or personal property as necessary 

or convenient to carry out the purposes of the Foundation; 

‘‘(5) may sue and be sued; and 

‘‘(6) may perform any other act necessary and proper to 

carry out the purposes of the Foundation. 

‘‘(i) PRINCIPAL OFFICE.— 

‘‘(1) IN GENERAL.—The principal office of the Foundation 

shall be located in the District of Columbia. 

‘‘(2) ACTIVITIES; OFFICES.—The activities of the Foundation 

may be conducted, and offices may be maintained, throughout 
H. R. 725—20 

the United States in accordance with the constitution and 

bylaws of the Foundation. 

‘‘(j) SERVICE OF PROCESS.—The Foundation shall comply with 

the law on service of process of each State in which the Foundation 

is incorporated and of each State in which the Foundation carries 

on activities. 

‘‘(k) LIABILITY OF OFFICERS, EMPLOYEES, AND AGENTS.— 

‘‘(1) IN GENERAL.—The Foundation shall be liable for the 

acts of the officers, employees, and agents of the Foundation 

acting within the scope of the authority of the officers, 

employees, and agents. 

‘‘(2) PERSONAL LIABILITY.—A member of the Board shall 

be personally liable only for gross negligence in the performance 

of the duties of the member. 

‘‘(l) RESTRICTIONS.— 

‘‘(1) LIMITATION ON SPENDING.—Beginning with the fiscal 

year following the first full fiscal year during which the Foundation is in operation, the administrative costs of the Foundation 

shall not exceed the percentage described in paragraph (2) 

of the sum of— 

‘‘(A) the amounts transferred to the Foundation under 

subsection (n) during the preceding fiscal year; and 

‘‘(B) donations received from private sources during 

the preceding fiscal year. 

‘‘(2) PERCENTAGES.—The percentages referred to in paragraph (1) are— 

‘‘(A) for the first 2 fiscal years described in that paragraph, 25 percent; 

‘‘(B) for the following fiscal year, 20 percent; and 

‘‘(C) for each fiscal year thereafter, 15 percent. 

‘‘(3) APPOINTMENT AND HIRING.—The appointment of officers and employees of the Foundation shall be subject to the 

availability of funds. 

‘‘(4) STATUS.—A member of the Board or officer, employee, 

or agent of the Foundation shall not by reason of association 

with the Foundation be considered to be an officer, employee, 

or agent of the United States. 

‘‘(m) AUDITS.—The Foundation shall comply with section 10101 

of title 36, United States Code, as if the Foundation were a corporation under part B of subtitle II of that title. 

‘‘(n) FUNDING.—For each of fiscal years 2011 through 2015, 

out of any unobligated amounts available to the Secretary, the 

Secretary may use to carry out this section not more than $500,000. 

‘‘SEC. 703. ADMINISTRATIVE SERVICES AND SUPPORT. 

‘‘(a) PROVISION OF SUPPORT BY SECRETARY.—Subject to subsection (b), during the 5-year period beginning on the date on 

which the Foundation is established, the Secretary— 

‘‘(1) may provide personnel, facilities, and other administrative support services to the Foundation; 

‘‘(2) may provide funds for initial operating costs and to 

reimburse the travel expenses of the members of the Board; 

and 

‘‘(3) shall require and accept reimbursements from the 

Foundation for— 

‘‘(A) services provided under paragraph (1); and 

‘‘(B) funds provided under paragraph (2). 
H. R. 725—21 

‘‘(b) REIMBURSEMENT.—Reimbursements accepted under subsection (a)(3)— 

‘‘(1) shall be deposited in the Treasury of the United States 

to the credit of the applicable appropriations account; and 

‘‘(2) shall be chargeable for the cost of providing services 

described in subsection (a)(1) and travel expenses described 

in subsection (a)(2). 

‘‘(c) CONTINUATION OF CERTAIN SERVICES.—The Secretary may 

continue to provide facilities and necessary support services to 

the Foundation after the termination of the 5-year period specified 

in subsection (a) if the facilities and services are— 

‘‘(1) available; and 

‘‘(2) provided on reimbursable cost basis.’’. 

(d) TECHNICAL AMENDMENTS.—The Indian Self-Determination 

and Education Assistance Act is amended— 

(1) by redesignating title V (25 U.S.C. 458bbb et seq.) 

as title VIII and moving the title so as to appear at the 

end of the Act; 

(2) by redesignating sections 501, 502, and 503 (25 U.S.C. 

458bbb, 458bbb–1, 458bbb–2) as sections 801, 802, and 803, 

respectively; and 

(3) in subsection (a)(2) of section 802 and paragraph (2) 

of section 803 (as redesignated by paragraph (2)), by striking 

‘‘section 501’’ and inserting ‘‘section 801’’. 

(e) ACCEPTANCE AND ASSISTANCE.—Section 5 of the Indian Law 

Enforcement Reform Act (25 U.S.C. 2804) is amended by adding 

at the end the following: 

‘‘(g) ACCEPTANCE OF ASSISTANCE.—The Bureau may accept 

reimbursement, resources, assistance, or funding from— 

‘‘(1) a Federal, tribal, State, or other government agency; 

or 

‘‘(2) the Indian Law Enforcement Foundation established 

under section 701(a) of the Indian Self-Determination and Education Assistance Act.’’. 

SEC. 232. DRUG ENFORCEMENT IN INDIAN COUNTRY. 

(a) EDUCATION AND RESEARCH PROGRAMS.—Section 502 of the 

Controlled Substances Act (21 U.S.C. 872) is amended in subsections 

(a)(1) and (c), by inserting ‘‘ tribal,’’ after ‘‘State,’’ each place it 

appears. 

(b) PUBLIC-PRIVATE EDUCATION PROGRAM.—Section 503 of the 

Comprehensive Methamphetamine Control Act of 1996 (21 U.S.C. 

872a) is amended— 

(1) in subsection (a), by inserting ‘‘tribal,’’ after ‘‘State,’’; 

and 

(2) in subsection (b)(2), by inserting ‘‘, tribal,’’ after ‘‘State’’. 

(c) COOPERATIVE ARRANGEMENTS.—Section 503 of the Controlled Substances Act (21 U.S.C. 873) is amended— 

(1) in subsection (a)— 

(A) by inserting ‘‘tribal,’’ after ‘‘State,’’ each place it 

appears; and 

(B) in paragraphs (6) and (7), by inserting ‘‘, tribal,’’ 

after ‘‘State’’ each place it appears; and 

(2) in subsection (d)(1), by inserting ‘‘, tribal,’’ after ‘‘State’’. 

(d) POWERS OF ENFORCEMENT PERSONNEL.—Section 508(a) of 

the Controlled Substances Act (21 U.S.C. 878(a)) is amended in 
H. R. 725—22 

the matter preceding paragraph (1) by inserting ‘‘, tribal,’’ after 

‘‘State’’. 

(e) EFFECT OF GRANTS.—Nothing in this section or any amendment made by this section— 

(1) allows the grant to be made to, or used by, an entity 

for law enforcement activities that the entity lacks jurisdiction 

to perform; or 

(2) has any effect other than to authorize, award, or deny 

a grant of funds to a federally recognized Indian tribe for 

the purposes described in the relevant grant program. 

SEC. 233. ACCESS TO NATIONAL CRIMINAL INFORMATION DATABASES. 

(a) ACCESS TO NATIONAL CRIMINAL INFORMATION DATABASES.— Section 534 of title 28, United States Code, is amended— 

(1) in subsection (a)(4), by inserting ‘‘Indian tribes,’’ after 

‘‘the States,’’; 

(2) by striking subsection (d) and inserting the following: 

‘‘(d) INDIAN LAW ENFORCEMENT AGENCIES.—The Attorney General shall permit tribal and Bureau of Indian Affairs law enforcement agencies— 

‘‘(1) to access and enter information into Federal criminal 

information databases; and 

‘‘(2) to obtain information from the databases.’’; 

(3) by redesignating the second subsection (e) as subsection 

(f); and 

(4) in paragraph (2) of subsection (f) (as redesignated by 

paragraph (3)), in the matter preceding subparagraph (A), by 

inserting ‘‘, tribal,’’ after ‘‘Federal’’. 

(b) REQUIREMENT.— (1) IN GENERAL.—The Attorney General shall ensure that 

tribal law enforcement officials that meet applicable Federal 

or State requirements be permitted access to national crime 

information databases. 

(2) SANCTIONS.—For purpose of sanctions for noncompliance with requirements of, or misuse of, national crime information databases and information obtained from those databases, 

a tribal law enforcement agency or official shall be treated 

as Federal law enforcement agency or official. 

(3) NCIC.—Each tribal justice official serving an Indian 

tribe with criminal jurisdiction over Indian country shall be 

considered to be an authorized law enforcement official for 

purposes of access to the National Crime Information Center 

of the Federal Bureau of Investigation. 

SEC. 234. TRIBAL COURT SENTENCING AUTHORITY. 

(a) INDIVIDUAL RIGHTS.—Section 202 of the Indian Civil Rights 

Act of 1968 (25 U.S.C. 1302), is amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘No 

Indian tribe’’ and inserting the following: 

‘‘(a) IN GENERAL.—No Indian tribe’’; 

(2) in subsection (a) (as designated by paragraph (1))— 

(A) in paragraph (6) by inserting ‘‘(except as provided 

in subsection (b)) after ‘‘assistance of counsel for his 

defense’’; and 

(B) by striking paragraph (7) and inserting the following: 

‘‘(7)(A) require excessive bail, impose excessive fines, or 

inflict cruel and unusual punishments; 
H. R. 725—23 

‘‘(B) except as provided in subparagraph (C), impose for 

conviction of any 1 offense any penalty or punishment greater 

than imprisonment for a term of 1 year or a fine of $5,000, 

or both; 

‘‘(C) subject to subsection (b), impose for conviction of any 

1 offense any penalty or punishment greater than imprisonment 

for a term of 3 years or a fine of $15,000, or both; or 

‘‘(D) impose on a person in a criminal proceeding a total 

penalty or punishment greater than imprisonment for a term 

of 9 years;’’; and 

(3) by adding at the end the following: 

‘‘(b) OFFENSES SUBJECT TO GREATER THAN 1-YEAR IMPRISONMENT OR A FINE GREATER THAN $5,000.—A tribal court may subject 

a defendant to a term of imprisonment greater than 1 year but 

not to exceed 3 years for any 1 offense, or a fine greater than 

$5,000 but not to exceed $15,000, or both, if the defendant is 

a person accused of a criminal offense who— 

‘‘(1) has been previously convicted of the same or a comparable offense by any jurisdiction in the United States; or 

‘‘(2) is being prosecuted for an offense comparable to an 

offense that would be punishable by more than 1 year of imprisonment if prosecuted by the United States or any of the States. 

‘‘(c) RIGHTS OF DEFENDANTS.—In a criminal proceeding in which 

an Indian tribe, in exercising powers of self-government, imposes 

a total term of imprisonment of more than 1 year on a defendant, 

the Indian tribe shall— 

‘‘(1) provide to the defendant the right to effective assistance of counsel at least equal to that guaranteed by the United 

States Constitution; and 

‘‘(2) at the expense of the tribal government, provide an 

indigent defendant the assistance of a defense attorney licensed 

to practice law by any jurisdiction in the United States that 

applies appropriate professional licensing standards and effectively ensures the competence and professional responsibility 

of its licensed attorneys; 

‘‘(3) require that the judge presiding over the criminal 

proceeding— 

‘‘(A) has sufficient legal training to preside over 

criminal proceedings; and 

‘‘(B) is licensed to practice law by any jurisdiction 

in the United States; 

‘‘(4) prior to charging the defendant, make publicly available the criminal laws (including regulations and interpretative 

documents), rules of evidence, and rules of criminal procedure 

(including rules governing the recusal of judges in appropriate 

circumstances) of the tribal government; and 

‘‘(5) maintain a record of the criminal proceeding, including 

an audio or other recording of the trial proceeding. 

‘‘(d) SENTENCES.—In the case of a defendant sentenced in 

accordance with subsections (b) and (c), a tribal court may require 

the defendant— 

‘‘(1) to serve the sentence— 

‘‘(A) in a tribal correctional center that has been 

approved by the Bureau of Indian Affairs for long-term 

incarceration, in accordance with guidelines to be developed 

by the Bureau of Indian Affairs (in consultation with Indian 
H. R. 725—24 

tribes) not later than 180 days after the date of enactment 

of the Tribal Law and Order Act of 2010; 

‘‘(B) in the nearest appropriate Federal facility, at the 

expense of the United States pursuant to the Bureau of 

Prisons tribal prisoner pilot program described in section 

304(c) of the Tribal Law and Order Act of 2010; 

‘‘(C) in a State or local government-approved detention 

or correctional center pursuant to an agreement between 

the Indian tribe and the State or local government; or 

‘‘(D) in an alternative rehabilitation center of an Indian 

tribe; or 

‘‘(2) to serve another alternative form of punishment, as 

determined by the tribal court judge pursuant to tribal law. 

‘‘(e) DEFINITION OF OFFENSE.—In this section, the term ‘offense’ 

means a violation of a criminal law. 

‘‘(f) EFFECT OF SECTION.—Nothing in this section affects the 

obligation of the United States, or any State government that 

has been delegated authority by the United States, to investigate 

and prosecute any criminal violation in Indian country.’’. 

(b) REPORT.—Not later than 4 years after the date of enactment 

of this Act, the Attorney General, in coordination with the Secretary 

of the Interior, shall submit a report to the appropriate committees 

of Congress that includes— 

(1) a description of the effectiveness of enhanced tribal 

court sentencing authority in curtailing violence and improving 

the administration of justice on Indian lands; and 

(2) a recommendation of whether enhanced sentencing 

authority should be discontinued, enhanced, or maintained at 

the level authorized under this title. 

(c) BUREAU OF PRISONS TRIBAL PRISONER PILOT PROGRAM.— 

(1) IN GENERAL.—Not later than 120 days after the date 

of enactment of this title, the Director of the Bureau of Prisons 

shall establish a pilot program under which the Bureau of 

Prisons shall accept offenders convicted in tribal court pursuant 

to section 202 of the Indian Civil Rights Act of 1968 (25 U.S.C. 

1302) (as amended by this section), subject to the conditions 

described in paragraph (2). 

(2) CONDITIONS.— 

(A) IN GENERAL.—As a condition of participation in 

the pilot program described in paragraph (1), the tribal 

court shall submit to the Attorney General a request for 

confinement of the offender, for approval by the Attorney 

General (or a designee) by not later than 30 days after 

the date of submission. 

(B) LIMITATIONS.—Requests for confinement shall be 

limited to offenders convicted of a violent crime (comparable 

to the violent crimes described in section 1153(a) of title 

18, United States Code) for which the sentence includes 

a term of imprisonment of 2 or more years. 

(C) CUSTODY CONDITIONS.—The imprisonment by the 

Bureau of Prisons shall be subject to the conditions 

described in section 5003 of title 18, United States Code, 

regarding the custody of State offenders, except that the 

offender shall be placed in the nearest available and appropriate Federal facility, and imprisoned at the expense of 

the United States. 
H. R. 725—25 

(D) CAP.—The Bureau of Prisons shall confine not more 

than 100 tribal offenders at any time. 

(3) RESCINDING REQUESTS.— (A) IN GENERAL.—The applicable tribal government 

shall retain the authority to rescind the request for confinement of a tribal offender by the Bureau of Prisons under 

this paragraph at any time during the sentence of the 

offender. 

(B) RETURN TO TRIBAL CUSTODY.—On rescission of a 

request under subparagraph (A), a tribal offender shall 

be returned to tribal custody. 

(4) REASSESSMENT.—If tribal court demand for participation 

in this pilot program exceeds 100 tribal offenders, a representative of the Bureau of Prisons shall notify Congress. 

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

establishment of the pilot program, the Attorney General shall 

submit to Congress a report describing the status of the program, including recommendations regarding the future of the 

program, if any. 

(6) TERMINATION.—Except as otherwise provided by an Act 

of Congress, the pilot program under this paragraph shall 

expire on the date that is 4 years after the date on which 

the program is established. 

(d) GRANTS AND CONTRACTS.—Section 1007(b) of the Economic 

Opportunity Act of 1964 (42 U.S.C. 2996f(b)) is amended by striking 

paragraph (2) and inserting the following: 

‘‘(2) to provide legal assistance with respect to any criminal 

proceeding, except to provide assistance to a person charged 

with an offense in an Indian tribal court;’’. 

SEC. 235. INDIAN LAW AND ORDER COMMISSION. 

The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et 

seq.) (as amended by section 214(b)) is amended by adding at 

the end the following: 

‘‘SEC. 15. INDIAN LAW AND ORDER COMMISSION. 

‘‘(a) ESTABLISHMENT.—There is established a commission to 

be known as the Indian Law and Order Commission (referred 

to in this section as the ‘Commission’). 

‘‘(b) MEMBERSHIP.— ‘‘(1) IN GENERAL.—The Commission shall be composed of 

9 members, of whom— 

‘‘(A) 3 shall be appointed by the President, in consultation with— 

‘‘(i) the Attorney General; and 

‘‘(ii) the Secretary; 

‘‘(B) 2 shall be appointed by the Majority Leader of 

the Senate, in consultation with the Chairpersons of the 

Committees on Indian Affairs and the Judiciary of the 

Senate; 

‘‘(C) 1 shall be appointed by the Minority Leader of 

the Senate, in consultation with the Vice Chairperson and 

Ranking Member of the Committees on Indian Affairs and 

the Judiciary of the Senate; 

‘‘(D) 2 shall be appointed by the Speaker of the House 

of Representatives, in consultation with the Chairpersons 

of the Committees on the Judiciary and Natural Resources 

of the House of Representatives; and 
H. R. 725—26 

‘‘(E) 1 shall be appointed by the Minority Leader of 

the House of Representatives, in consultation with the 

Ranking Members of the Committees on the Judiciary and 

Natural Resources of the House of Representatives. 

‘‘(2) REQUIREMENTS FOR ELIGIBILITY.—Each member of the 

Commission shall have significant experience and expertise 

in— 

‘‘(A) the Indian country criminal justice system; and 

‘‘(B) matters to be studied by the Commission. 

‘‘(3) CONSULTATION REQUIRED.—The President, the Speaker 

and Minority Leader of the House of Representatives, and 

the Majority Leader and Minority Leader of the Senate shall 

consult before the appointment of members of the Commission 

under paragraph (1) to achieve, to the maximum extent practicable, fair and equitable representation of various points of 

view with respect to the matters to be studied by the Commission. 

‘‘(4) TERM.—Each member shall be appointed for the life 

of the Commission. 

‘‘(5) TIME FOR INITIAL APPOINTMENTS.—The appointment 

of the members of the Commission shall be made not later 

than 60 days after the date of enactment of this Act. 

‘‘(6) VACANCIES.—A vacancy in the Commission shall be 

filled— 

‘‘(A) in the same manner in which the original appointment was made; and 

‘‘(B) not later than 60 days after the date on which 

the vacancy occurred. 

‘‘(c) OPERATION.— 

‘‘(1) CHAIRPERSON.—Not later than 15 days after the date 

on which all members of the Commission have been appointed, 

the Commission shall select 1 member to serve as Chairperson 

of the Commission. 

‘‘(2) MEETINGS.— ‘‘(A) IN GENERAL.—The Commission shall meet at the 

call of the Chairperson. 

‘‘(B) INITIAL MEETING.—The initial meeting shall take 

place not later than 30 days after the date described in 

paragraph (1). 

‘‘(3) QUORUM.—A majority of the members of the Commission shall constitute a quorum, but a lesser number of members 

may hold hearings. 

‘‘(4) RULES.—The Commission may establish, by majority 

vote, any rules for the conduct of Commission business, in 

accordance with this Act and other applicable law. 

‘‘(d) COMPREHENSIVE STUDY OF CRIMINAL JUSTICE SYSTEM

RELATING TO INDIAN COUNTRY.—The Commission shall conduct a 

comprehensive study of law enforcement and criminal justice in 

tribal communities, including— 

‘‘(1) jurisdiction over crimes committed in Indian country 

and the impact of that jurisdiction on— 

‘‘(A) the investigation and prosecution of Indian country 

crimes; and 

‘‘(B) residents of Indian land; 

‘‘(2) the tribal jail and Federal prisons systems and the 

effect of those systems with respect to— 

‘‘(A) reducing Indian country crime; and 
H. R. 725—27 

‘‘(B) rehabilitation of offenders; 

‘‘(3)(A) tribal juvenile justice systems and the Federal juvenile justice system as relating to Indian country; and 

‘‘(B) the effect of those systems and related programs in 

preventing juvenile crime, rehabilitating Indian youth in custody, and reducing recidivism among Indian youth; 

‘‘(4) the impact of the Indian Civil Rights Act of 1968 

(25 U.S.C. 1301 et seq.) on— 

‘‘(A) the authority of Indian tribes; 

‘‘(B) the rights of defendants subject to tribal government authority; and 

‘‘(C) the fairness and effectiveness of tribal criminal 

systems; and 

‘‘(5) studies of such other subjects as the Commission determines relevant to achieve the purposes of the Tribal Law and 

Order Act of 2010. 

‘‘(e) RECOMMENDATIONS.—Taking into consideration the results 

of the study under paragraph (1), the Commission shall develop 

recommendations on necessary modifications and improvements to 

justice systems at the tribal, Federal, and State levels, including 

consideration of— 

‘‘(1) simplifying jurisdiction in Indian country; 

‘‘(2) improving services and programs— 

‘‘(A) to prevent juvenile crime on Indian land; 

‘‘(B) to rehabilitate Indian youth in custody; and 

‘‘(C) to reduce recidivism among Indian youth; 

‘‘(3) adjustments to the penal authority of tribal courts 

and exploring alternatives to incarceration; 

‘‘(4) the enhanced use of chapter 43 of title 28, United 

States Code (commonly known as ‘the Federal Magistrates Act’) 

in Indian country; 

‘‘(5) effective means of protecting the rights of victims and 

defendants in tribal criminal justice systems (including defendants incarcerated for a period of less than 1 year); 

‘‘(6) changes to the tribal jails and Federal prison systems; 

and 

‘‘(7) other issues that, as determined by the Commission, 

would reduce violent crime in Indian country. 

‘‘(f) REPORT.—Not later than 2 years after the date of enactment 

of this Act, the Commission shall submit to the President and 

Congress a report that contains— 

‘‘(1) a detailed statement of the findings and conclusions 

of the Commission; and 

‘‘(2) the recommendations of the Commission for such legislative and administrative actions as the Commission considers 

to be appropriate. 

‘‘(g) POWERS.— ‘‘(1) HEARINGS.— ‘‘(A) IN GENERAL.—The Commission may hold such 

hearings, meet and act at such times and places, take 

such testimony, and receive such evidence as the Commission considers to be advisable to carry out the duties of 

the Commission under this section. 

‘‘(B) PUBLIC REQUIREMENT.—The hearings of the 

Commission under this paragraph shall be open to the 

public. 

‘‘(2) WITNESS EXPENSES.— 
H. R. 725—28 

‘‘(A) IN GENERAL.—A witness requested to appear 

before the Commission shall be paid the same fees and 

allowances as are paid to witnesses under section 1821 

of title 28, United States Code. 

‘‘(B) PER DIEM AND MILEAGE.—The fees and allowances 

for a witness shall be paid from funds made available 

to the Commission. 

‘‘(3) INFORMATION FROM FEDERAL, TRIBAL, AND STATE AGENCIES.— 

‘‘(A) IN GENERAL.—The Commission may secure 

directly from a Federal agency such information as the 

Commission considers to be necessary to carry out this 

section. 

‘‘(B) TRIBAL AND STATE AGENCIES.—The Commission 

may request the head of any tribal or State agency to 

provide to the Commission such information as the 

Commission considers to be necessary to carry out this 

section. 

‘‘(4) POSTAL SERVICES.—The Commission may use the 

United States mails in the same manner and under the same 

conditions as other agencies of the Federal Government. 

‘‘(5) GIFTS.—The Commission may accept, use, and dispose 

of gifts or donations of services or property. 

‘‘(h) COMMISSION PERSONNEL MATTERS.— 

‘‘(1) TRAVEL EXPENSES.—A member of the Commission shall 

be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under 

subchapter I of chapter 57 of title 5, United States Code, 

while away from the home or regular place of business of 

the member in the performance of the duties of the Commission. 

‘‘(2) DETAIL OF FEDERAL EMPLOYEES.—On the affirmative 

vote of 2⁄3 of the members of the Commission and the approval 

of the appropriate Federal agency head, an employee of the 

Federal Government may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privileges. 

‘‘(3) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—On request of the Commission, the Attorney General 

shall provide to the Commission, on a reimbursable basis, 

reasonable and appropriate office space, supplies, and administrative assistance. 

‘‘(i) CONTRACTS FOR RESEARCH.— 

‘‘(1) RESEARCHERS AND EXPERTS.— 

‘‘(A) IN GENERAL.—On an affirmative vote of 2⁄3 of 

the members of the Commission, the Commission may 

select nongovernmental researchers and experts to assist 

the Commission in carrying out the duties of the Commission under this section. 

‘‘(B) NATIONAL INSTITUTE OF JUSTICE.—The National 

Institute of Justice may enter into a contract with the 

researchers and experts selected by the Commission under 

subparagraph (A) to provide funding in exchange for the 

services of the researchers and experts. 

‘‘(2) OTHER ORGANIZATIONS.—Nothing in this subsection 

limits the ability of the Commission to enter into contracts 

with any other entity or organization to carry out research 
H. R. 725—29 

necessary to carry out the duties of the Commission under 

this section. 

‘‘(j) TRIBAL ADVISORY COMMITTEE.— 

‘‘(1) ESTABLISHMENT.—The Commission shall establish a 

committee, to be known as the ‘Tribal Advisory Committee’. 

‘‘(2) MEMBERSHIP.— 

‘‘(A) COMPOSITION.—The Tribal Advisory Committee 

shall consist of 2 representatives of Indian tribes from 

each region of the Bureau of Indian Affairs. 

‘‘(B) QUALIFICATIONS.—Each member of the Tribal 

Advisory Committee shall have experience relating to— 

‘‘(i) justice systems; 

‘‘(ii) crime prevention; or 

‘‘(iii) victim services. 

‘‘(3) DUTIES.—The Tribal Advisory Committee shall— 

‘‘(A) serve as an advisory body to the Commission; 

and 

‘‘(B) provide to the Commission advice and recommendations, submit materials, documents, testimony, 

and such other information as the Commission determines 

to be necessary to carry out the duties of the Commission 

under this section. 

‘‘(k) FUNDING.—For the fiscal year after the date of enactment 

of the Tribal Law and Order Act of 2010, out of any unobligated 

amounts available to the Secretary of the Interior or the Attorney 

General, the Secretary or the Attorney General may use to carry 

out this section not more than $2,000,000. 

‘‘(l) TERMINATION OF COMMISSION.—The Commission shall 

terminate 90 days after the date on which the Commission submits 

the report of the Commission under subsection (f). 

‘‘(m) NONAPPLICABILITY OF FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.’’. 

SEC. 236. EXEMPTION FOR TRIBAL DISPLAY MATERIALS. 

(a) IN GENERAL.—Section 845(a) of title 18, United States Code 

is amended— 

(1) in paragraph (5), by striking ‘‘and’’ at the end; 

(2) in paragraph (6), by striking the period at the end 

and inserting ‘‘and’’; and 

(3) by adding at the end the following: 

‘‘(7) the transportation, shipment, receipt, or importation 

of display fireworks materials for delivery to a federally recognized Indian tribe or tribal agency.’’. 

(b) DEFINITION OF INDIAN TRIBE.—Section 841 of title 18, 

United States Code is amended by adding at the end the following: 

‘‘(t) INDIAN TRIBE.—The term ‘Indian tribe’ has the meaning 

given the term in section 102 of the Federally Recognized Indian 

Tribe List Act of 1994 (25 U.S.C. 479a)).’’. 

(c) TECHNICAL AMENDMENTS.—Section 845 of title 18, United 

States Code is amended— 

(1) in subsection (a), by striking ‘‘subsections’’ in the first 

place it appears and inserting ‘‘subsection’’; and 

(2) in subsection (b), by striking ‘‘Secretary’’ each place 

it appears and inserting ‘‘Attorney General’’. 
H. R. 725—30 

Subtitle D—Tribal Justice Systems 

SEC. 241. INDIAN ALCOHOL AND SUBSTANCE ABUSE. 

(a) CORRECTION OF REFERENCES.— 

(1) INTER-DEPARTMENTAL MEMORANDUM OF AGREEMENT.— 

Section 4205 of the Indian Alcohol and Substance Abuse 

Prevention and Treatment Act of 1986 (25 U.S.C. 2411) is 

amended— 

(A) in subsection (a)— 

(i) in the matter preceding paragraph (1)— 

(I) by striking ‘‘Not later than 120 days after 

the date of enactment of this subtitle’’ and 

inserting ‘‘Not later than 1 year after the date 

of enactment of the Tribal Law and Order Act 

of 2010’’; and 

(II) by inserting ‘‘, the Attorney General,’’ after 

‘‘Secretary of the Interior’’; 

(ii) in paragraph (2)(A), by inserting ‘‘, Office of 

Justice Programs, Substance Abuse and Mental Health 

Services Administration,’’ after ‘‘Bureau of Indian 

Affairs,’’; 

(iii) in paragraph (4), by inserting ‘‘, Department 

of Justice, Substance Abuse and Mental Health Services Administration,’’ after ‘‘Bureau of Indian Affairs’’; 

(iv) in paragraph (5), by inserting ‘‘, Department 

of Justice, Substance Abuse and Mental Health Services Administration,’’ after ‘‘Bureau of Indian Affairs’’; 

(v) in paragraph (7), by inserting ‘‘, the Attorney 

General,’’ after ‘‘Secretary of the Interior’’; 

(B) in subsection (c), by inserting ‘‘, the Attorney General,’’ after ‘‘Secretary of the Interior’’; and 

(C) in subsection (d), by striking ‘‘the date of enactment 

of this subtitle’’ and inserting ‘‘the date of enactment of 

the Tribal Law and Order Act of 2010’’. 

(2) TRIBAL ACTION PLANS.—Section 4206 of the Indian 

Alcohol and Substance Abuse Prevention and Treatment Act 

of 1986 (25 U.S.C. 2412) is amended— 

(A) in subsection (b), in the first sentence, by inserting 

‘‘, the Office of Justice Programs, the Substance Abuse 

and Mental Health Services Administration,’’ before ‘‘and 

the Indian Health Service service unit’’; 

(B) in subsection (c)(1)(A)(i), by inserting ‘‘, the Office 

of Justice Programs, the Substance Abuse and Mental 

Health Services Administration,’’ before ‘‘and the Indian 

Health Service service unit’’; 

(C) in subsection (d)(2), by striking ‘‘fiscal year 1993 

and such sums as are necessary for each of the fiscal 

years 1994, 1995, 1996, 1997, 1998, 1999, and 2000’’ and 

inserting ‘‘the period of fiscal years 2011 through 2015’’; 

(D) in subsection (e), in the first sentence, by inserting 

‘‘, the Attorney General,’’ after ‘‘the Secretary of the 

Interior’’; and 

(E) in subsection (f)(3), by striking ‘‘fiscal year 1993 

and such sums as are necessary for each of the fiscal 

years 1994, 1995, 1996, 1997, 1998, 1999, and 2000’’ and 

inserting ‘‘fiscal years 2011 through 2015’’. 
H. R. 725—31 

(3) DEPARTMENTAL RESPONSIBILITY.—Section 4207 of the 

Indian Alcohol and Substance Abuse Prevention and Treatment 

Act of 1986 (25 U.S.C. 2413) is amended— 

(A) in subsection (a), by inserting ‘‘, the Attorney General’’ after ‘‘Bureau of Indian Affairs’’; 

(B) in subsection (b)— 

(i) by striking paragraph (1) and inserting the 

following: 

‘‘(1) ESTABLISHMENT.— 

‘‘(A) IN GENERAL.—To improve coordination among the 

Federal agencies and departments carrying out this subtitle, there is established within the Substance Abuse and 

Mental Health Services Administration an office, to be 

known as the ‘Office of Indian Alcohol and Substance 

Abuse’ (referred to in this section as the ‘Office’). 

‘‘(B) DIRECTOR.—The director of the Office shall be 

appointed by the Administrator of the Substance Abuse 

and Mental Health Services Administration— 

‘‘(i) on a permanent basis; and 

‘‘(ii) at a grade of not less than GS–15 of the 

General Schedule.’’; 

(ii) in paragraph (2)— 

(I) by striking ‘‘(2) In addition’’ and inserting 

the following: 

‘‘(2) RESPONSIBILITIES OF OFFICE.—In addition’’; 

(II) by striking subparagraph (A) and inserting 

the following: 

‘‘(A) coordinating with other agencies to monitor the 

performance and compliance of the relevant Federal programs in achieving the goals and purposes of this subtitle 

and the Memorandum of Agreement entered into under 

section 4205;’’; 

(III) in subparagraph (B)— 

(aa) by striking ‘‘within the Bureau of 

Indian Affairs’’; and 

(bb) by striking the period at the end and 

inserting ‘‘; and’’; and 

(IV) by adding at the end the following: 

‘‘(C) not later than 1 year after the date of enactment 

of the Tribal Law and Order Act of 2010, developing, in 

coordination and consultation with tribal governments, a 

framework for interagency and tribal coordination that— 

‘‘(i) establish the goals and other desired outcomes 

of this Act; 

‘‘(ii) prioritizes outcomes that are aligned with the 

purposes of affected agencies; 

‘‘(iii) provides guidelines for resource and information sharing; 

‘‘(iv) provides technical assistance to the affected 

agencies to establish effective and permanent interagency communication and coordination; and 

‘‘(v) determines whether collaboration is feasible, 

cost-effective, and within agency capability.’’; and 

(iii) by striking paragraph (3) and inserting the 

following: 
H. R. 725—32 

‘‘(3) APPOINTMENT OF EMPLOYEES.—The Administrator of 

the Substance Abuse and Mental Health Services Administration shall appoint such employees to work in the Office, and 

shall provide such funding, services, and equipment, as may 

be necessary to enable the Office to carry out the responsibilities 

under this subsection.’’; and 

(C) in subsection (c)— 

(i) by striking ‘‘of Alcohol and Substance Abuse’’ 

each place it appears; 

(ii) in paragraph (1), in the second sentence, by 

striking ‘‘The Assistant Secretary of the Interior for 

Indian Affairs’’ and inserting ‘‘The Administrator of 

the Substance Abuse and Mental Health Services 

Administration’’; and 

(iii) in paragraph (3)— 

(I) in the matter preceding subparagraph (A), 

by striking ‘‘Youth’’ and inserting ‘‘youth’’; and 

(II) by striking ‘‘programs of the Bureau of 

Indian Affairs’’ and inserting ‘‘the applicable Federal programs’’. 

(4) REVIEW OF PROGRAMS.—Section 4208a(a) of the Indian 

Alcohol and Substance Abuse Prevention and Treatment Act 

of 1986 (25 U.S.C. 2414a(a)) is amended in the matter preceding 

paragraph (1) by inserting ‘‘, the Attorney General,’’ after ‘‘the 

Secretary of the Interior’’. 

(5) FEDERAL FACILITIES, PROPERTY, AND EQUIPMENT.—Section 4209 of the Indian Alcohol and Substance Abuse Prevention 

and Treatment Act of 1986 (25 U.S.C. 2415) is amended— 

(A) in subsection (a), by inserting ‘‘, the Attorney General,’’ after ‘‘the Secretary of the Interior’’; 

(B) in subsection (b)— 

(i) in the first sentence, by inserting ‘‘, the Attorney 

General,’’ after ‘‘the Secretary of the Interior’’; 

(ii) in the second sentence, by inserting ‘‘, nor 

the Attorney General,’’ after ‘‘the Secretary of the 

Interior’’; and 

(iii) in the third sentence, by inserting ‘‘, the 

Department of Justice,’’ after ‘‘the Department of the 

Interior’’; and 

(C) in subsection (c)(1), by inserting ‘‘, the Attorney 

General,’’ after ‘‘the Secretary of the Interior’’. 

(6) REVIEW.—Section 4211(a) of the Indian Alcohol and 

Substance Abuse Prevention and Treatment Act of 1986 (25 

U.S.C. 2431(a)) is amended in the matter preceding paragraph 

(1) by inserting ‘‘, the Attorney General,’’ after ‘‘the Secretary 

of the Interior’’. 

(b) INDIAN EDUCATION PROGRAMS.—Section 4212 of the Indian 

Alcohol and Substance Abuse Prevention Act of 1986 (25 U.S.C. 

2432) is amended by striking subsection (a) and inserting the following: 

‘‘(a) SUMMER YOUTH PROGRAMS.— ‘‘(1) IN GENERAL.—The head of the Indian Alcohol and 

Substance Abuse Program, in coordination with the Assistant 

Secretary for Indian Affairs, shall develop and implement programs in tribal schools and schools funded by the Bureau 

of Indian Education (subject to the approval of the local school 

board or contract school board) to determine the effectiveness 
H. R. 725—33 

of summer youth programs in advancing the purposes and 

goals of this Act. 

‘‘(2) COSTS.—The head of the Indian Alcohol and Substance 

Abuse Program and the Assistant Secretary shall defray all 

costs associated with the actual operation and support of the 

summer youth programs in a school from funds appropriated 

to carry out this subsection. 

‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated to carry out the programs under 

this subsection $5,000,000 for each of fiscal years 2011 through 

2015.’’. 

(c) EMERGENCY SHELTERS.—Section 4213(e) of the Indian 

Alcohol and Substance Abuse Prevention and Treatment Act of 

1986 (25 U.S.C. 2433(e)) is amended— 

(1) in paragraph (1), by striking ‘‘fiscal year 1993 and 

such sums as may be necessary for each of the fiscal years 

1994, 1995, 1996, 1997, 1998, 1999, and 2000.’’ and inserting 

‘‘each of fiscal years 2011 through 2015.’’; 

(2) in paragraph (2), by striking ‘‘each of the fiscal years 

1994, 1995, 1996, 1997, 1998, 1999, and 2000.’’ and inserting 

‘‘each of fiscal years 2011 through 2015.’’; and 

(3) by indenting paragraphs (4) and (5) appropriately. 

(d) REVIEW OF PROGRAMS.—Section 4215(a) of the Indian 

Alcohol and Substance Abuse Prevention and Treatment Act of 

1986 (25 U.S.C. 2441(a)) is amended by inserting ‘‘, the Attorney 

General,’’ after ‘‘the Secretary of the Interior’’. 

(e) ILLEGAL NARCOTICS TRAFFICKING; SOURCE ERADICATION.— 

Section 4216 of the Indian Alcohol and Substance Abuse Prevention 

and Treatment Act of 1986 (25 U.S.C. 2442) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1)— 

(i) in subparagraph (A), by striking the comma 

at the end and inserting a semicolon; 

(ii) in subparagraph (B), by striking ‘‘, and’’ at 

the end and inserting a semicolon; 

(iii) in subparagraph (C), by striking the period 

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

(iv) by adding at the end the following: 

‘‘(D) the Blackfeet Nation of Montana for the investigation and control of illegal narcotics traffic on the Blackfeet 

Indian Reservation along the border with Canada.’’; 

(B) in paragraph (2), by striking ‘‘United States Custom 

Service’’ and inserting ‘‘United States Customs and Border 

Protection, the Bureau of Immigration and Customs 

Enforcement, and the Drug Enforcement Administration’’; 

and 

(C) by striking paragraph (3) and inserting the following: 

‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $2,000,000 

for each of fiscal years 2011 through 2015.’’; and 

(2) in subsection (b)(2), by striking ‘‘for the fiscal year 

1993 and such sums as may be necessary for each of the 

fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000’’ 

and ‘‘for each of fiscal years 2011 through 2015.’’. 
H. R. 725—34 

(f) LAW ENFORCEMENT AND JUDICIAL TRAINING.—Section 4218 

of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2451) is amended— 

(1) by striking subsection (a) and inserting the following: 

‘‘(a) TRAINING PROGRAMS.— 

‘‘(1) IN GENERAL.—The Secretary of the Interior, in 

coordination with the Attorney General, the Administrator of 

the Drug Enforcement Administration, and the Director of the 

Federal Bureau of Investigation, shall ensure, through the 

establishment of a new training program or by supplementing 

existing training programs, that all Bureau of Indian Affairs 

and tribal law enforcement and judicial personnel have access 

to training regarding— 

‘‘(A) the investigation and prosecution of offenses 

relating to illegal narcotics; and 

‘‘(B) alcohol and substance abuse prevention and treatment. 

‘‘(2) YOUTH-RELATED TRAINING.—Any training provided to 

Bureau of Indian Affairs or tribal law enforcement or judicial 

personnel under paragraph (1) shall include training in issues 

relating to youth alcohol and substance abuse prevention and 

treatment.’’; and 

(2) in subsection (b), by striking ‘‘as may be necessary’’ 

and all that follows through the end of the subsection and 

inserting ‘‘as are necessary for each of fiscal years 2011 through 

2015.’’. 

(g) JUVENILE DETENTION CENTERS.—Section 4220 of the Indian 

Alcohol and Substance Abuse Prevention and Treatment Act of 

1986 (25 U.S.C. 2453) is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘The Secretary’’ the first place it 

appears and inserting the following: 

‘‘(1) IN GENERAL.—The Secretary’’; 

(B) in the second sentence, by striking ‘‘The Secretary 

shall’’ and inserting the following: 

‘‘(2) CONSTRUCTION AND OPERATION.—The Secretary shall’’; 

and 

(C) by adding at the end the following: 

‘‘(3) DEVELOPMENT OF PLAN.— 

‘‘(A) IN GENERAL.—Not later than 1 year after the 

date of enactment of this paragraph, the Secretary and 

the Attorney General, in consultation with tribal leaders 

and tribal justice officials, shall develop a long-term plan 

for the construction, renovation, and operation of Indian 

juvenile detention and treatment centers and alternatives 

to detention for juvenile offenders. 

‘‘(B) COORDINATION.—The plan under subparagraph (A) 

shall require the Bureau of Indian Education and the 

Indian Health Service to coordinate with tribal and Bureau 

of Indian Affairs juvenile detention centers to provide services to those centers.’’; and 

(2) in paragraphs (1) and (2) of subsection (b)— 

(A) by striking ‘‘for fiscal year 1993 and such sums 

as may be necessary for each of the fiscal years 1994, 

1995, 1996, 1997, 1998, 1999, and 2000’’ each place it 

appears and inserting ‘‘for each of fiscal years 2011 through 

2015’’; and 
H. R. 725—35 

(B) by indenting paragraph (2) appropriately. 

SEC. 242. INDIAN TRIBAL JUSTICE; TECHNICAL AND LEGAL ASSISTANCE. 

(a) INDIAN TRIBAL JUSTICE.— 

(1) BASE SUPPORT FUNDING.—Section 103(b) of the Indian 

Tribal Justice Act (25 U.S.C. 3613(b)) is amended by striking 

paragraph (2) and inserting the following: 

‘‘(2) the employment of tribal court personnel, including 

tribal court judges, prosecutors, public defenders, appointed 

defense counsel, guardians ad litem, and court-appointed special advocates for children and juveniles;’’. 

(2) TRIBAL JUSTICE SYSTEMS.—Section 201 of the Indian 

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

(A) in subsection (a)— 

(i) by striking ‘‘the provisions of sections 101 and 

102 of this Act’’ and inserting ‘‘sections 101 and 102’’; 

and 

(ii) by striking ‘‘the fiscal years 2000 through 2007’’ 

and inserting ‘‘fiscal years 2011 through 2015’’; 

(B) in subsection (b)— 

(i) by striking ‘‘the provisions of section 103 of 

this Act’’ and inserting ‘‘section 103’’; and 

(ii) by striking ‘‘the fiscal years 2000 through 2007’’ 

and inserting ‘‘fiscal years 2011 through 2015’’; 

(C) in subsection (c), by striking ‘‘the fiscal years 2000 

through 2007’’ and inserting ‘‘fiscal years 2011 through 

2015’’; and 

(D) in subsection (d), by striking ‘‘the fiscal years 2000 

through 2007’’ and inserting ‘‘fiscal years 2011 through 

2015’’. 

(b) TECHNICAL AND LEGAL ASSISTANCE.— 

(1) TRIBAL CIVIL LEGAL ASSISTANCE GRANTS.—Section 102 

of the Indian Tribal Justice Technical and Legal Assistance 

Act of 2000 (25 U.S.C. 3662) is amended by inserting ‘‘(including 

guardians ad litem and court-appointed special advocates for 

children and juveniles)’’ after ‘‘civil legal assistance’’. 

(2) TRIBAL CRIMINAL LEGAL ASSISTANCE GRANTS.—Section 

103 of the Indian Tribal Justice Technical and Legal Assistance 

Act of 2000 (25 U.S.C. 3663) is amended by striking ‘‘criminal 

legal assistance to members of Indian tribes and tribal justice 

systems’’ and inserting ‘‘defense counsel services to all defendants in tribal court criminal proceedings and prosecution and 

judicial services for tribal courts’’. 

(3) FUNDING.—The Indian Tribal Justice Technical and 

Legal Assistance Act of 2000 is amended— 

(A) in section 107 (as redesignated by section 

214(a)(2)(A)), by striking ‘‘2000 through 2004’’ and inserting 

‘‘2011 through 2015’’; and 

(B) in section 201(d) (25 U.S.C. 3681(d)), by striking 

‘‘2000 through 2004’’ and inserting ‘‘2011 through 2015’’. 

SEC. 243. TRIBAL RESOURCES GRANT PROGRAM. 

Section 1701 of the Omnibus Crime Control and Safe Streets 

Act of 1968 (42 U.S.C. 3796dd) is amended— 

(1) in subsection (b)— 
H. R. 725—36 

(A) in each of paragraphs (1) through (4) and (6) 

through (17), by inserting ‘‘to’’ after the paragraph designation; 

(B) in paragraph (1), by striking ‘‘State and’’ and 

inserting ‘‘State, tribal, or’’; 

(C) in paragraphs (9) and (10), by inserting ‘‘, tribal,’’ 

after ‘‘State’’ each place it appears; 

(D) in paragraph (15)— 

(i) by striking ‘‘a State in’’ and inserting ‘‘a State 

or Indian tribe in’’; 

(ii) by striking ‘‘the State which’’ and inserting 

‘‘the State or tribal community that’’; and 

(iii) by striking ‘‘a State or’’ and inserting ‘‘a State, 

tribal, or’’; 

(E) in paragraph (16), by striking ‘‘and’’ at the end 

(F) in paragraph (17), by striking the period at the 

end and inserting ‘‘; and’’; 

(G) by redesignating paragraphs (6) through (17) as 

paragraphs (5) through (16), respectively; and 

(H) by adding at the end the following: 

‘‘(17) to permit tribal governments receiving direct law 

enforcement services from the Bureau of Indian Affairs to access 

the program under this section for use in accordance with 

paragraphs (1) through (16).’’. 

(2) in subsection (i), by striking ‘‘The authority’’ and 

inserting ‘‘Except as provided in subsection (j), the authority’’; 

and 

(3) by adding at the end the following: 

‘‘(j) GRANTS TO INDIAN TRIBES.— 

‘‘(1) IN GENERAL.—Notwithstanding subsection (i) and section 1703, and in acknowledgment of the Federal nexus and 

distinct Federal responsibility to address and prevent crime 

in Indian country, the Attorney General shall provide grants 

under this section to Indian tribal governments, for fiscal year 

2011 and any fiscal year thereafter, for such period as the 

Attorney General determines to be appropriate to assist the 

Indian tribal governments in carrying out the purposes 

described in subsection (b). 

‘‘(2) PRIORITY OF FUNDING.—In providing grants to Indian 

tribal governments under this subsection, the Attorney General 

shall take into consideration reservation crime rates and tribal 

law enforcement staffing needs of each Indian tribal government. 

‘‘(3) FEDERAL SHARE.—Because of the Federal nature and 

responsibility for providing public safety on Indian land, the 

Federal share of the cost of any activity carried out using 

a grant under this subsection— 

‘‘(A) shall be 100 percent; and 

‘‘(B) may be used to cover indirect costs. 

‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $40,000,000 

for each of fiscal years 2011 through 2015. 

‘‘(k) REPORT.—Not later than 180 days after the date of enactment of this subsection, the Attorney General shall submit to Congress a report describing the extent and effectiveness of the Community Oriented Policing (COPS) initiative as applied in Indian 

country, including particular references to— 
H. R. 725—37 

‘‘(1) the problem of intermittent funding; 

‘‘(2) the integration of COPS personnel with existing law 

enforcement authorities; and 

‘‘(3) an explanation of how the practice of community 

policing and the broken windows theory can most effectively 

be applied in remote tribal locations.’’. 

SEC. 244. TRIBAL JAILS PROGRAM. 

(a) IN GENERAL.—Section 20109 of the Violent Crime Control 

and Law Enforcement Act of 1994 (42 U.S.C. 13709) is amended 

by striking subsection (a) and inserting the following: 

‘‘(a) RESERVATION OF FUNDS.—Notwithstanding any other provision of this part, of amounts made available to the Attorney General 

to carry out programs relating to offender incarceration, the 

Attorney General shall reserve $35,000,000 for each of fiscal years 

2011 through 2015 to carry out this section.’’. 

(b) REGIONAL DETENTION CENTERS.— 

(1) IN GENERAL.—Section 20109 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13709) is 

amended by striking subsection (b) and inserting the following: 

‘‘(b) GRANTS TO INDIAN TRIBES.— 

‘‘(1) IN GENERAL.—From the amounts reserved under subsection (a), the Attorney General shall provide grants— 

‘‘(A) to Indian tribes for purposes of— 

‘‘(i) construction and maintenance of jails on Indian 

land for the incarceration of offenders subject to tribal 

jurisdiction; 

‘‘(ii) entering into contracts with private entities 

to increase the efficiency of the construction of tribal 

jails; and 

‘‘(iii) developing and implementing alternatives to 

incarceration in tribal jails; 

‘‘(B) to Indian tribes for the construction of tribal justice centers that combine tribal police, courts, and corrections services to address violations of tribal civil and 

criminal laws; 

‘‘(C) to consortia of Indian tribes for purposes of constructing and operating regional detention centers on 

Indian land for long-term incarceration of offenders subject 

to tribal jurisdiction, as the applicable consortium determines to be appropriate. 

‘‘(2) PRIORITY OF FUNDING.—in providing grants under this 

subsection, the Attorney General shall take into consideration 

applicable— 

‘‘(A) reservation crime rates; 

‘‘(B) annual tribal court convictions; and 

‘‘(C) bed space needs. 

‘‘(3) FEDERAL SHARE.—Because of the Federal nature and 

responsibility for providing public safety on Indian land, the 

Federal share of the cost of any activity carried out using 

a grant under this subsection shall be 100 percent.’’. 

(2) CONFORMING AMENDMENT.—Section 20109(c) of the Violent Crime Control and Law Enforcement Act of 1994 (42 

U.S.C. 13709(c)) is amended by inserting ‘‘or consortium of 

Indian tribes, as applicable,’’ after ‘‘Indian tribe’’. 
H. R. 725—38 

(3) LONG-TERM PLAN.—Section 20109 of the Violent Crime 

Control and Law Enforcement Act of 1994 (42 U.S.C. 13709) 

is amended by adding at the end the following: 

‘‘(d) LONG-TERM PLAN.—Not later than 1 year after the date 

of enactment of this subsection, the Attorney General, in coordination with the Bureau of Indian Affairs and in consultation with 

tribal leaders, tribal law enforcement officers, and tribal corrections 

officials, shall submit to Congress a long-term plan to address 

incarceration in Indian country, including— 

‘‘(1) a description of proposed activities for— 

‘‘(A) construction, operation, and maintenance of juvenile (in accordance with section 4220(a)(3) of the Indian 

Alcohol and Substance Abuse Prevention and Treatment 

Act of 1986 (25 U.S.C. 2453(a)(3)) and adult detention 

facilities (including regional facilities) in Indian country; 

‘‘(B) contracting with State and local detention centers, 

on approval of the affected tribal governments; and 

‘‘(C) alternatives to incarceration, developed in cooperation with tribal court systems; 

‘‘(2) an assessment and consideration of the construction 

of Federal detention facilities in Indian country; and 

‘‘(3) any other alternatives as the Attorney General, in 

coordination with the Bureau of Indian Affairs and in consultation with Indian tribes, determines to be necessary.’’. 

SEC. 245. TRIBAL PROBATION OFFICE LIAISON PROGRAM. 

Title II of the Indian Tribal Justice Technical and Legal Assistance Act of 2000 (25 U.S.C. 3681 et seq.) is amended by adding 

at the end the following: 

‘‘SEC. 203. ASSISTANT PROBATION OFFICERS. 

‘‘To the maximum extent practicable, the chief judge or chief 

probation or pretrial services officer of each judicial district, in 

coordination with the Office of Tribal Justice and the Office of 

Justice Services, shall— 

‘‘(1) appoint individuals residing in Indian country to serve 

as probation or pretrial services officers or assistants for purposes of monitoring and providing services to Federal prisoners 

residing in Indian country; and 

‘‘(2) provide substance abuse, mental health, and other 

related treatment services to offenders residing on Indian 

land.’’. 

SEC. 246. TRIBAL YOUTH PROGRAM. 

(a) INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION

PROGRAMS.—Section 504 of the Juvenile Justice and Delinquency 

Prevention Act of 1974 (42 U.S.C. 5783) is amended— 

(1) in subsection (a), by inserting ‘‘, or to federally recognized Indian tribe or consortia of federally recognized Indian 

tribes under subsection (d)’’ after ‘‘subsection (b)’’; and 

(2) by adding at the end the following: 

‘‘(d) GRANTS FOR TRIBAL DELINQUENCY PREVENTION AND

RESPONSE PROGRAMS.— 

‘‘(1) IN GENERAL.—The Administrator shall make grants 

under this section, on a competitive basis, to eligible Indian 

tribes or consortia of Indian tribes, as described in paragraph 

(2)— 

‘‘(A) to support and enhance— 
H. R. 725—39 

‘‘(i) tribal juvenile delinquency prevention services; 

and 

‘‘(ii) the ability of Indian tribes to respond to, and 

care for, juvenile offenders; and 

‘‘(B) to encourage accountability of Indian tribal governments with respect to preventing juvenile delinquency and 

responding to, and caring for, juvenile offenders. 

‘‘(2) ELIGIBLE INDIAN TRIBES.—To be eligible to receive a 

grant under this subsection, an Indian tribe or consortium 

of Indian tribes shall submit to the Administrator an application in such form and containing such information as the 

Administrator may require. 

‘‘(3) CONSIDERATIONS.—In providing grants under this subsection, the Administrator shall take into consideration, with 

respect to the Indian tribe to be served, the— 

‘‘(A) juvenile crime rates; 

‘‘(B) dropout rates; and 

‘‘(C) number of at-risk youth. 

‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $25,000,000 for each of fiscal years 

2011 through 2015.’’. 

(b) COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY PREVENTION.—Section 206(a)(2) of the Juvenile Justice and 

Delinquency Prevention Act of 1974 (42 U.S.C. 5616(a)(2)) is 

amended— 

(1) in subparagraph (A), by striking ‘‘Nine’’ and inserting 

‘‘Ten’’; and 

(2) in subparagraph (B), by adding at the end the following: 

‘‘(iv) One member shall be appointed by the Chairman of the Committee on Indian Affairs of the Senate, 

in consultation with the Vice Chairman of that Committee and the Chairman and Ranking Member of 

the Committee on Natural Resources of the House 

of Representatives.’’. 

SEC. 247. IMPROVING PUBLIC SAFETY PRESENCE IN RURAL ALASKA. 

(a) DEFINITIONS.—In this section: 

(1) STATE.— 

(A) IN GENERAL.—The term ‘‘State’’ means the State 

of Alaska. 

(B) INCLUSION.—The term ‘‘State’’ includes any political 

subdivision of the State of Alaska. 

(2) VILLAGE PUBLIC SAFETY OFFICER.—The term ‘‘village 

public safety officer’’ means an individual employed as a village 

public safety officer under the program established by the State 

pursuant to Alaska Statute 18.65.670. 

(3) TRIBAL ORGANIZATION.—The term ‘‘tribal organization’’ 

has the meaning given that term in section 4 of the Indian 

Self-Determination and Educational Assistance Act (25 U.S.C. 

450b(l)). 

(b) COPS GRANTS.—The State and any Indian tribe or tribal 

organization in the State that employs a village public safety officer 

shall be eligible to apply for a grant under section 1701 of the 

Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

3796dd) (provided that only an Indian tribe or tribal organization 

may receive a grant under the tribal resources grant program 
H. R. 725—40 

under subsection (j) of that section) on an equal basis with other 

eligible applicants for funding under that section. 

(c) STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE

GRANTS.—The State and any Indian tribe or tribal organization 

in the State that employs a village public safety officer shall be 

eligible to apply for a grant under the Staffing for Adequate Fire 

and Emergency Response program under section 34 of the Federal 

Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a) on 

an equal basis with other eligible applicants for funding under 

that program. 

(d) TRAINING FOR VILLAGE PUBLIC SAFETY OFFICERS AND TRIBAL

LAW ENFORCEMENT POSITIONS FUNDED UNDER COPS PROGRAM.— (1) IN GENERAL.—Any village public safety officer or tribal 

law enforcement officer in the State shall be eligible to participate in any training program offered at the Indian Police 

Academy of the Federal Law Enforcement Training Center. 

(2) FUNDING.—Funding received pursuant to grants 

approved under section 1701 of the Omnibus Crime Control 

and Safe Streets Act of 1968 (42 U.S.C. 3796dd) may be used 

for training of officers at programs described in paragraph 

(1) or at a police academy in the State certified by the Alaska 

Police Standards Council. 

(e) FUNDS FOR COURTS OF LAW ENFORCEMENT OFFICERS.— Section 112(a) of the Consolidated Appropriations Act, 2004 (Public 

Law 108–199; 118 Stat. 62) is amended— 

(1) by striking paragraph (1); 

(2) by redesignating subparagraphs (A) and (B) of paragraph (2) as paragraphs (1) and (2), respectively, and indenting 

appropriately; and 

(3) by redesignating clauses (i) through (iv) of paragraph 

(2) (as so redesignated) as subparagraphs (A) through (D), 

respectively, and indenting appropriately. 

Subtitle E—Indian Country Crime Data 

Collection and Information Sharing 

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

(a) GANG VIOLENCE.—Section 1107 of the Violence Against 

Women and Department of Justice Reauthorization Act of 2005 

(28 U.S.C. 534 note; Public Law 109–162) is amended— 

(1) in subsection (a)— 

(A) by redesignating paragraphs (8) through (12) as 

paragraphs (9) through (13), respectively; 

(B) by inserting after paragraph (7) the following: 

‘‘(8) the Office of Justice Services of the Bureau of Indian 

Affairs;’’; 

(C) in paragraph (9) (as redesignated by subparagraph 

(A)), by striking ‘‘State’’ and inserting ‘‘tribal, State,’’; and 

(D) in paragraphs (10) through (12) (as redesignated 

by subparagraph (A)), by inserting ‘‘tribal,’’ before ‘‘State,’’ 

each place it appears; and 

(2) in subsection (b), by inserting ‘‘tribal,’’ before ‘‘State,’’ 

each place it appears. 

(b) BUREAU OF JUSTICE STATISTICS.—Section 302 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3732) 

is amended— 
H. R. 725—41 

(1) in subsection (c)— 

(A) in each of paragraphs (3) through (6), by inserting 

‘‘tribal,’’ after ‘‘State,’’ each place it appears; 

(B) in paragraph (7), by inserting ‘‘and in Indian 

country’’ after ‘‘States’’; 

(C) in paragraph (9), by striking ‘‘Federal and State 

Governments’’ and inserting ‘‘Federal Government and 

State and tribal governments’’; 

(D) in each of paragraphs (10) and (11), by inserting 

‘‘, tribal,’’ after ‘‘State’’ each place it appears; 

(E) in paragraph (13), by inserting ‘‘, Indian tribes,’’ 

after ‘‘States’’; 

(F) in paragraph (17)— 

(i) by striking ‘‘State and local’’ and inserting 

‘‘State, tribal, and local’’; and 

(ii) by striking ‘‘State, and local’’ and inserting 

‘‘State, tribal, and local’’; 

(G) in paragraph (18), by striking ‘‘State and local’’ 

and inserting ‘‘State, tribal, and local’’; 

(H) in paragraph (19), by inserting ‘‘and tribal’’ after 

‘‘State’’ each place it appears; 

(I) in paragraph (20), by inserting ‘‘, tribal,’’ after 

‘‘State’’; and 

(J) in paragraph (22), by inserting ‘‘, tribal,’’ after ‘‘Federal’’; 

(2) in subsection (d)— 

(A) by redesignating paragraphs (1) through (6) as 

subparagraphs (A) through (F), respectively, and indenting 

the subparagraphs appropriately; 

(B) by striking ‘‘To insure’’ and inserting the following: 

‘‘(1) IN GENERAL.—To ensure’’; and 

(C) by adding at the end the following: 

‘‘(2) CONSULTATION WITH INDIAN TRIBES.—The Director, 

acting jointly with the Assistant Secretary for Indian Affairs 

(acting through the Office of Justice Services) and the Director 

of the Federal Bureau of Investigation, shall work with Indian 

tribes and tribal law enforcement agencies to establish and 

implement such tribal data collection systems as the Director 

determines to be necessary to achieve the purposes of this 

section.’’; 

(3) in subsection (e), by striking ‘‘subsection (d)(3)’’ and 

inserting ‘‘subsection (d)(1)(C)’’; 

(4) in subsection (f)— 

(A) in the subsection heading, by inserting ‘‘, Tribal,’’ 

after ‘‘State’’; and 

(B) by inserting ‘‘, tribal,’’ after ‘‘State’’; and 

(5) by adding at the end the following: 

‘‘(g) REPORTS.—Not later than 1 year after the date of enactment of this subsection, and annually thereafter, the Director shall 

submit to Congress a report describing the data collected and analyzed under this section relating to crimes in Indian country.’’. 

(c) EFFECT OF GRANTS.—Nothing in this section or any amendment made by this section— 

(1) allows the grant to be made to, or used by, an entity 

for law enforcement activities that the entity lacks jurisdiction 

to perform; or 
H. R. 725—42 

(2) has any effect other than to authorize, award, or deny 

a grant of funds to a federally recognized Indian tribe for 

the purposes described in the relevant grant program. 

SEC. 252. CRIMINAL HISTORY RECORD IMPROVEMENT PROGRAM. 

(a) IN GENERAL.—Section 1301(a) of the Omnibus Crime Control 

and Safe Streets Act of 1968 (42 U.S.C. 3796h(a)) is amended 

by inserting ‘‘, tribal,’’ after ‘‘State’’. 

(b) EFFECT OF GRANTS.—Nothing in this section or any amendment made by this section— 

(1) allows the grant to be made to, or used by, an entity 

for law enforcement activities that the entity lacks jurisdiction 

to perform; or 

(2) has any effect other than to authorize, award, or deny 

a grant of funds to a federally recognized Indian tribe for 

the purposes described in the relevant grant program. 

Subtitle F—Domestic Violence and Sexual 

Assault Prosecution and Prevention 

SEC. 261. PRISONER RELEASE AND REENTRY. 

(a) DUTIES OF BUREAU OF PRISONS.—Section 4042 of title 18, 

United States Code, is amended— 

(1) in subsection (a)(4), by inserting ‘‘, tribal,’’ after ‘‘State’’; 

(2) in subsection (b)(1), in the first sentence, by striking 

‘‘officer of the State and of the local jurisdiction’’ and inserting 

‘‘officers of each State, tribal, and local jurisdiction’’; and 

(3) in subsection (c)(1)— 

(A) in subparagraph (A), by striking ‘‘officer of the 

State and of the local jurisdiction’’ and inserting ‘‘officer 

of each State, tribal, and local jurisdiction’’; and 

(B) in subparagraph (B), by inserting ‘‘, tribal,’’ after 

‘‘State’’ each place it appears. 

(b) AUTHORITY OF INSTITUTE; TIME; RECORDS OF RECIPIENTS; 

ACCESS; SCOPE OF SECTION.—Section 4352(a) of title 18, United 

States Code, is amended— 

(1) in paragraphs (1), (3), (4), and (8), by inserting ‘‘tribal,’’ 

after ‘‘State,’’ each place it appears; 

(2) in paragraph (6)— 

(A) by inserting ‘‘and tribal communities,’’ after 

‘‘States’’; and 

(B) by inserting ‘‘, tribal,’’ after ‘‘State’’; and 

(3) in paragraph (12) by inserting ‘‘, tribal,’’ after ‘‘State’’. 

SEC. 262. DOMESTIC AND SEXUAL VIOLENCE OFFENSE TRAINING. 

Section 3(c)(9) of the Indian Law Enforcement Reform Act 

(25 U.S.C. 2802(c)(9)) (as amended by section 211(a)(2)) is amended 

by inserting before the semicolon at the end the following: ‘‘, 

including training to properly interview victims of domestic and 

sexual violence and to collect, preserve, and present evidence to 

Federal and tribal prosecutors to increase the conviction rate for 

domestic and sexual violence offenses for purposes of addressing 

and preventing domestic and sexual violent offenses’’. 
H. R. 725—43 

SEC. 263. TESTIMONY BY FEDERAL EMPLOYEES. 

The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et 

seq.) (as amended by section 235) is amended by adding at the 

end the following: 

‘‘SEC. 16. TESTIMONY BY FEDERAL EMPLOYEES. 

‘‘(a) APPROVAL OF EMPLOYEE TESTIMONY OR DOCUMENTS.— 

‘‘(1) IN GENERAL.—The Director of the Office of Justice 

Services or the Director of the Indian Health Service, as appropriate (referred to in this section as the ‘Director concerned’), 

shall approve or disapprove, in writing, any request or subpoena 

from a tribal or State court for a law enforcement officer, 

sexual assault nurse examiner, or other employee under the 

supervision of the Director concerned to provide documents 

or testimony in a deposition, trial, or other similar criminal 

proceeding regarding information obtained in carrying out the 

official duties of the employee. 

‘‘(2) DEADLINE.—The court issuing a subpoena under paragraph (1) shall provide to the appropriate Federal employee 

(or agency in the case of a document request) notice regarding 

the request to provide testimony (or release a document) by 

not less than 30 days before the date on which the testimony 

will be provided. 

‘‘(b) APPROVAL.— 

‘‘(1) IN GENERAL.—The Director concerned shall approve 

a request or subpoena under subsection (a) if the request or 

subpoena does not violate the policy of the Department to 

maintain impartiality. 

‘‘(2) FAILURE TO APPROVE.—If the Director concerned fails 

to approve or disapprove a request or subpoena for testimony 

or release of a document by the date that is 30 days after 

the date of receipt of notice of the request or subpoena, the 

request or subpoena shall be considered to be approved for 

purposes of this section.’’. 

SEC. 264. COORDINATION OF FEDERAL AGENCIES. 

Any report of the Secretary of Health and Human Services 

to Congress on the development of Indian victim services and victim 

advocate training programs shall include any recommendations that 

the Secretary determines to be necessary to prevent the sex trafficking of Indian women. 

SEC. 265. SEXUAL ASSAULT PROTOCOL. 

The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et 

seq.) (as amended by section 236) is amended by adding at the 

end the following: 

‘‘SEC. 17. POLICIES AND PROTOCOL. 

‘‘The Director of the Indian Health Service, in coordination 

with the Director of the Office of Justice Services and the Director 

of the Office on Violence Against Women of the Department of 

Justice, in consultation with Indian Tribes and Tribal Organizations, and in conference with Urban Indian Organizations, shall 

develop standardized sexual assault policies and protocol for the 

facilities of the Service, based on similar protocol that has been 

established by the Department of Justice.’’. 
H. R. 725—44 

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

RESPONSE CAPABILITIES. 

(a) STUDY.—The Comptroller General of the United States 

shall— 

(1) conduct a study of the capability of Indian Health 

Service facilities in remote Indian reservations and Alaska 

Native villages, including facilities operated pursuant to contracts or compacts under the Indian Self-Determination and 

Education Assistance Act (25 U.S.C. 450b et seq.), to collect, 

maintain, and secure evidence of sexual assaults and domestic 

violence incidents required for criminal prosecution; and 

(2) develop recommendations for improving those capabilities. 

(b) REPORT.—Not later than 1 year after the date of enactment 

of this Act, the Comptroller General shall submit to the Committee 

on Indian Affairs of the Senate and the Committee on Natural 

Resources of the House of Representatives a report describing the 

results of the study under subsection (a), including the recommendations developed under that subsection, if any. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.