In the Senate of the United States, 

June 23, 2010. 

Resolved, That the bill from the House of Representatives (H.R. 725) entitled ‘‘An Act to protect Indian arts and 

crafts through the improvement of applicable criminal proceedings, and for other purposes.’’, do pass with the following 

AMENDMENT: 

At the end, add the following: 

1 DIVISION B—TRIBAL LAW AND 

2 ORDER 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Tribal Law and Order Act of 2010’’. 

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

7 division is as follows: 

DIVISION B—TRIBAL LAW AND ORDER 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings; purposes. 

Sec. 3. Definitions. 

Sec. 4. Severability. 

Sec. 5. Jurisdiction of the State of Alaska. 

Sec. 6. Effect. 
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TITLE I—FEDERAL ACCOUNTABILITY AND COORDINATION 

Sec. 101. Office of Justice Services responsibilities. 

Sec. 102. Disposition reports. 

Sec. 103. Prosecution of crimes in Indian country. 

Sec. 104. Administration. 

TITLE II—STATE ACCOUNTABILITY AND COORDINATION 

Sec. 201. State criminal jurisdiction and resources. 

Sec. 202. State, tribal, and local law enforcement cooperation. 

TITLE III—EMPOWERING TRIBAL LAW ENFORCEMENT AGENCIES 

AND TRIBAL GOVERNMENTS 

Sec. 301. Tribal police officers. 

Sec. 302. Drug enforcement in Indian country. 

Sec. 303. Access to national criminal information databases. 

Sec. 304. Tribal court sentencing authority. 

Sec. 305. Indian Law and Order Commission. 

Sec. 306. Exemption for tribal display materials. 

TITLE IV—TRIBAL JUSTICE SYSTEMS 

Sec. 401. Indian alcohol and substance abuse. 

Sec. 402. Indian tribal justice; technical and legal assistance. 

Sec. 403. Tribal resources grant program. 

Sec. 404. Tribal jails program. 

Sec. 405. Tribal probation office liaison program. 

Sec. 406. Tribal youth program. 

Sec. 407. Improving public safety presence in rural Alaska. 

TITLE V—INDIAN COUNTRY CRIME DATA COLLECTION AND 

INFORMATION SHARING 

Sec. 501. Tracking of crimes committed in Indian country. 

Sec. 502. Criminal history record improvement program. 

TITLE VI—DOMESTIC VIOLENCE AND SEXUAL ASSAULT 

PROSECUTION AND PREVENTION 

Sec. 601. Prisoner release and reentry. 

Sec. 602. Domestic and sexual violence offense training. 

Sec. 603. Testimony by Federal employees. 

Sec. 604. Coordination of Federal agencies. 

Sec. 605. Sexual assault protocol. 

Sec. 606. Study of IHS sexual assault and domestic violence response capabilities. 

1 SEC. 2. FINDINGS; PURPOSES. 

2 (a) FINDINGS.—Congress finds that— 
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1 (1) the United States has distinct legal, treaty, 

2 and trust obligations to provide for the public safety 

3 of Indian country; 

4 (2) Congress and the President have acknowl5 edged that— 

6 (A) tribal law enforcement officers are often 

7 the first responders to crimes on Indian reserva8 tions; and 

9 (B) tribal justice systems are often the most 

10 appropriate institutions for maintaining law 

11 and order in Indian country; 

12 (3) less than 3,000 tribal and Federal law en13 forcement officers patrol more than 56,000,000 acres 

of Indian country, which reflects less than 1 14 ⁄2 of the 

15 law enforcement presence in comparable rural com16 munities nationwide; 

17 (4) the complicated jurisdictional scheme that ex18 ists in Indian country— 

19 (A) has a significant negative impact on the 

20 ability to provide public safety to Indian com21 munities; 

22 (B) has been increasingly exploited by 

23 criminals; and 
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1 (C) requires a high degree of commitment 

2 and cooperation among tribal, Federal, and 

3 State law enforcement officials; 

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

5 American Indian and Alaska Native women has 

6 reached epidemic proportions; 

7 (B) 34 percent of American Indian and Alaska 

8 Native women will be raped in their lifetimes; and 

9 (C) 39 percent of American Indian and Alaska 

10 Native women will be subject to domestic violence; 

11 (6) Indian tribes have faced significant increases 

12 in instances of domestic violence, burglary, assault, 

13 and child abuse as a direct result of increased meth14 amphetamine use on Indian reservations; and 

15 (7) crime data is a fundamental tool of law en16 forcement, but for decades the Bureau of Indian Af17 fairs and the Department of Justice have not been 

18 able to coordinate or consistently report crime and 

19 prosecution rates in tribal communities. 

20 (b) PURPOSES.—The purposes of this division are— 

21 (1) to clarify the responsibilities of Federal, 

22 State, tribal, and local governments with respect to 

23 crimes committed in Indian country; 
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1 (2) to increase coordination and communication 

2 among Federal, State, tribal, and local law enforce3 ment agencies; 

4 (3) to empower tribal governments with the au5 thority, resources, and information necessary to safely 

6 and effectively provide public safety in Indian coun7 try; 

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

9 Indian country and to combat sexual and domestic 

10 violence against American Indian and Alaska Native 

11 women; 

12 (5) to prevent drug trafficking and reduce rates 

13 of alcohol and drug addiction in Indian country; and 

14 (6) to increase and standardize the collection of 

15 criminal data and the sharing of criminal history in16 formation among Federal, State, and tribal officials 

17 responsible for responding to and investigating crimes 

18 in Indian country. 

19 SEC. 3. DEFINITIONS. 

20 (a) IN GENERAL.—In this division: 

21 (1) INDIAN COUNTRY.—The term ‘‘Indian coun22 try’’ has the meaning given the term in section 1151 

23 of title 18, United States Code. 

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

25 the meaning given the term in section 102 of the Fed-
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1 erally Recognized Indian Tribe List Act of 1994 (25 

2 U.S.C. 479a). 

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

4 the Secretary of the Interior. 

5 (4) TRIBAL GOVERNMENT.—The term ‘‘tribal 

6 government’’ means the governing body of a federally 

7 recognized Indian tribe. 

8 (b) INDIAN LAW ENFORCEMENT REFORM ACT.—Sec9 tion 2 of the Indian Law Enforcement Reform Act (25 

10 U.S.C. 2801) is amended by adding at the end the following: 

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

12 ‘‘(A) a tribal prosecutor; 

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

14 ‘‘(C) any other person responsible for inves15 tigating or prosecuting an alleged criminal of16 fense in tribal court.’’. 

17 SEC. 4. SEVERABILITY. 

18 If any provision of this division, an amendment made 

19 by this division, or the application of such a provision or 

20 amendment to any individual, entity, or circumstance, is 

21 determined by a court of competent jurisdiction to be in22 valid, the remaining provisions of this division, the remain23 ing amendments made by this division, and the application 

24 of those provisions and amendments to individuals, entities, 
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1 or circumstances other than the affected individual, entity, 

2 or circumstance shall not be affected. 

3 SEC. 5. JURISDICTION OF THE STATE OF ALASKA. 

4 Nothing in this Act limits, alters, expands, or dimin5 ishes the civil or criminal jurisdiction of the State of Alas6 ka, any subdivision of the State of Alaska, or any Indian 

7 tribe in that State. 

8 SEC. 6. EFFECT. 

9 Nothing in this Act confers on an Indian tribe crimi10 nal jurisdiction over non-Indians. 

11 TITLE I—FEDERAL ACCOUNT12 ABILITY AND COORDINATION 

13 SEC. 101. OFFICE OF JUSTICE SERVICES RESPONSIBIL14 ITIES. 

15 (a) DEFINITIONS.—Section 2 of the Indian Law En16 forcement Reform Act (25 U.S.C. 2801) is amended— 

17 (1) by striking paragraph (8); 

18 (2) by redesignating paragraphs (1) through (7) 

19 as paragraphs (2) through (8), respectively; 

20 (3) by redesignating paragraph (9) as para21 graph (1) and moving the paragraphs so as to appear 

22 in numerical order; and 

23 (4) in paragraph (1) (as redesignated by para24 graph (3)), by striking ‘‘Division of Law Enforcement 

25 Services’’ and inserting ‘‘Office of Justice Services’’. 
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1 (b) ADDITIONAL RESPONSIBILITIES OF OFFICE.—Sec2 tion 3 of the Indian Law Enforcement Reform Act (25 

3 U.S.C. 2802) is amended— 

4 (1) in subsection (b), by striking ‘‘(b) There is 

5 hereby established within the Bureau a Division of 

6 Law Enforcement Services which’’ and inserting the 

7 following: 

8 ‘‘(b) OFFICE OF JUSTICE SERVICES.—There is estab9 lished in the Bureau an office, to be known as the ‘Office 

10 of Justice Services’, that’’; 

11 (2) in subsection (c)— 

12 (A) in the matter preceding paragraph (1), 

13 by striking ‘‘Division of Law Enforcement Serv14 ices’’ and inserting ‘‘Office of Justice Services’’; 

15 (B) in paragraph (8), by striking ‘‘and’’ at 

16 the end; 

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

18 at the end and inserting a semicolon; and 

19 (D) by adding at the end the following: 

20 ‘‘(10) the development and provision of dispatch 

21 and emergency and E–911 services; 

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

23 community and victims’ advocates, tribal justice offi24 cials, indigent defense representatives, and residents 
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1 of Indian country on a regular basis regarding public 

2 safety and justice concerns facing tribal communities; 

3 ‘‘(12) conducting meaningful and timely con4 sultation with tribal leaders and tribal justice offi5 cials in the development of regulatory policies and 

6 other actions that affect public safety and justice in 

7 Indian country; 

8 ‘‘(13) providing technical assistance and train9 ing to tribal law enforcement officials to gain access 

10 and input authority to utilize the National Criminal 

11 Information Center and other national crime infor12 mation databases pursuant to section 534 of title 28, 

13 United States Code; 

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

15 pursuant to subsection (g) of section 302 of the Omni16 bus Crime Control and Safe Streets Act of 1968 (42 

17 U.S.C. 3732), collecting, analyzing, and reporting 

18 data regarding Indian country crimes on an annual 

19 basis; 

20 ‘‘(15) on an annual basis, sharing with the De21 partment of Justice all relevant crime data, including 

22 Uniform Crime Reports, that the Office of Justice 

23 Services prepares and receives from tribal law en24 forcement agencies on a tribe-by-tribe basis to ensure 

25 that individual tribal governments providing data are 
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1 eligible for programs offered by the Department of 

2 Justice; 

3 ‘‘(16) submitting to the appropriate committees 

4 of Congress, for each fiscal year, a detailed spending 

5 report regarding tribal public safety and justice pro6 grams that includes— 

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

8 the Bureau and tribal governments who serve 

9 as— 

10 ‘‘(I) criminal investigators; 

11 ‘‘(II) uniform police; 

12 ‘‘(III) police and emergency dis13 patchers; 

14 ‘‘(IV) detention officers; 

15 ‘‘(V) executive personnel, including 

16 special agents in charge, and directors and 

17 deputies of various offices in the Office of 

18 Justice Services; and 

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

20 public defenders, appointed defense counsel, 

21 or related staff; and 

22 ‘‘(ii) the amount of appropriations obli23 gated for each category described in clause (i) for 

24 each fiscal year; 
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1 ‘‘(B) a list of amounts dedicated to law en2 forcement and corrections, vehicles, related trans3 portation costs, equipment, inmate transpor4 tation costs, inmate transfer costs, replacement, 

5 improvement, and repair of facilities, personnel 

6 transfers, detailees and costs related to their de7 tails, emergency events, public safety and justice 

8 communications and technology costs, and tribal 

9 court personnel, facilities, indigent defense, and 

10 related program costs; 

11 ‘‘(C) a list of the unmet staffing needs of 

12 law enforcement, corrections, and court personnel 

13 (including indigent defense and prosecution 

14 staff) at tribal and Bureau of Indian Affairs jus15 tice agencies, the replacement and repair needs 

16 of tribal and Bureau corrections facilities, needs 

17 for tribal police and court facilities, and public 

18 safety and emergency communications and tech19 nology needs; and 

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

21 methodology used to determine the method of dis22 bursement of funds for the public safety and jus23 tice programs administered by the Office of Jus24 tice Services; 
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1 ‘‘(17) submitting to the appropriate committees 

2 of Congress, for each fiscal year, a report summa3 rizing the technical assistance, training, and other 

4 support provided to tribal law enforcement and cor5 rections agencies that operate relevant programs pur6 suant to self-determination contracts or self-govern7 ance compacts with the Secretary; and 

8 ‘‘(18) promulgating regulations to carry out this 

9 Act, and routinely reviewing and updating, as nec10 essary, the regulations contained in subchapter B of 

11 title 25, Code of Federal Regulations (or successor reg12 ulations).’’; 

13 (3) in subsection (d)— 

14 (A) in paragraph (1), by striking ‘‘Division 

15 of Law Enforcement Services’’ and inserting 

16 ‘‘Office of Justice Services’’; and 

17 (B) in paragraph (4)(i), in the first sen18 tence, by striking ‘‘Division’’ and inserting ‘‘Of19 fice of Justice Services’’; 

20 (4) in subsection (e), by striking ‘‘Division of 

21 Law Enforcement Services’’ each place it appears and 

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

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

24 ‘‘(f) LONG-TERM PLAN FOR TRIBAL DETENTION PRO25 GRAMS.—Not later than 1 year after the date of enactment 
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1 of this subsection, the Secretary, acting through the Bureau, 

2 in coordination with the Department of Justice and in con3 sultation with tribal leaders, tribal courts, tribal law en4 forcement officers, and tribal corrections officials, shall sub5 mit to Congress a long-term plan to address incarceration 

6 in Indian country, including— 

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

8 ‘‘(A) the construction, operation, and main9 tenance of juvenile (in accordance with section 

10 4220(a)(3) of the Indian Alcohol and Substance 

11 Abuse Prevention and Treatment Act of 1986 (25 

12 U.S.C. 2453(a)(3)) and adult detention facilities 

13 (including regional facilities) in Indian country; 

14 ‘‘(B) contracting with State and local de15 tention centers, upon approval of affected tribal 

16 governments; and 

17 ‘‘(C) alternatives to incarceration, developed 

18 in cooperation with tribal court systems; 

19 ‘‘(2) an assessment and consideration of the con20 struction of Federal detention facilities in Indian 

21 country; and 

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

23 coordination with the Attorney General and in con24 sultation with Indian tribes, determines to be nec25 essary.’’. 
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1 (c) LAW ENFORCEMENT AUTHORITY.—Section 4 of the 

2 Indian Law Enforcement Reform Act (25 U.S.C. 2803) is 

3 amended— 

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

5 inserting ‘‘or offenses processed by the Central Viola6 tions Bureau); or’’; and 

7 (2) in paragraph (3)— 

8 (A) in subparagraph (B), by striking ‘‘, or’’ 

9 at the end and inserting a semicolon; 

10 (B) in subparagraphs (B) and (C), by strik11 ing ‘‘reasonable grounds’’ each place it appears 

12 and inserting ‘‘probable cause’’; 

13 (C) in subparagraph (C), by adding ‘‘or’’ at 

14 the end; and 

15 (D) by adding at the end the following: 

16 ‘‘(D)(i) the offense involves— 

17 ‘‘(I) a misdemeanor controlled sub18 stance offense in violation of— 

19 ‘‘(aa) the Controlled Substances 

20 Act (21 U.S.C. 801 et seq.); 

21 ‘‘(bb) title IX of the Personal Re22 sponsibility and Work Opportunity 

23 Reconciliation Act of 1996 (21 U.S.C. 

24 862a et seq.); or 
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1 ‘‘(cc) section 731 of the USA PA2 TRIOT Improvement and Reauthor3 ization Act of 2005 (21 U.S.C. 865); 

4 ‘‘(II) a misdemeanor firearms offense 

5 in violation of chapter 44 of title 18, United 

6 States Code; 

7 ‘‘(III) a misdemeanor assault in viola8 tion of chapter 7 of title 18, United States 

9 Code; or 

10 ‘‘(IV) a misdemeanor liquor trafficking 

11 offense in violation of chapter 59 of title 18, 

12 United States Code; and 

13 ‘‘(ii) the employee has probable cause to be14 lieve that the individual to be arrested has com15 mitted, or is committing, the crime;’’. 

16 SEC. 102. DISPOSITION REPORTS. 

17 Section 10 of the Indian Law Enforcement Reform Act 

18 (25 U.S.C. 2809) is amended by striking subsections (a) 

19 through (d) and inserting the following: 

20 ‘‘(a) COORDINATION AND DATA COLLECTION.— 

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

22 subsection (c), if a law enforcement officer or em23 ployee of any Federal department or agency termi24 nates an investigation of an alleged violation of Fed25 eral criminal law in Indian country without referral 
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1 for prosecution, the officer or employee shall coordi2 nate with the appropriate tribal law enforcement offi3 cials regarding the status of the investigation and the 

4 use of evidence relevant to the case in a tribal court 

5 with authority over the crime alleged. 

6 ‘‘(2) INVESTIGATION DATA.—The Federal Bureau 

7 of Investigation shall compile, on an annual basis 

8 and by Field Division, information regarding deci9 sions not to refer to an appropriate prosecuting au10 thority cases in which investigations had been opened 

11 into an alleged crime in Indian country, including— 

12 ‘‘(A) the types of crimes alleged; 

13 ‘‘(B) the statuses of the accused as Indians 

14 or non-Indians; 

15 ‘‘(C) the statuses of the victims as Indians 

16 or non-Indians; and 

17 ‘‘(D) the reasons for deciding against refer18 ring the investigation for prosecution. 

19 ‘‘(3) PROSECUTORIAL COORDINATION.—Subject 

20 to subsection (c), if a United States Attorney declines 

21 to prosecute, or acts to terminate prosecution of, an 

22 alleged violation of Federal criminal law in Indian 

23 country, the United States Attorney shall coordinate 

24 with the appropriate tribal justice officials regarding 

25 the status of the investigation and the use of evidence 
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1 relevant to the case in a tribal court with authority 

2 over the crime alleged. 

3 ‘‘(4) PROSECUTION DATA.—The United States 

4 Attorney shall submit to the Native American Issues 

5 Coordinator to compile, on an annual basis and by 

6 Federal judicial district, information regarding all 

7 declinations of alleged violations of Federal criminal 

8 law that occurred in Indian country that were re9 ferred for prosecution by law enforcement agencies, 

10 including— 

11 ‘‘(A) the types of crimes alleged; 

12 ‘‘(B) the statuses of the accused as Indians 

13 or non-Indians; 

14 ‘‘(C) the statuses of the victims as Indians 

15 or non-Indians; and 

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

17 terminate the prosecutions. 

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

19 submit to Congress annual reports containing, with respect 

20 to the applicable calendar year, the information compiled 

21 under paragraphs (2) and (4) of subsection (a)— 

22 ‘‘(1) organized— 

23 ‘‘(A) in the aggregate; and 

24 ‘‘(B)(i) for the Federal Bureau of Investiga25 tion, by Field Division; and 
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1 ‘‘(ii) for United States Attorneys, by Fed2 eral judicial district; and 

3 ‘‘(2) including any relevant explanatory state4 ments. 

5 ‘‘(c) EFFECT OF SECTION.— 

6 ‘‘(1) IN GENERAL.—Nothing in this section re7 quires any Federal agency or official to transfer or 

8 disclose any confidential, privileged, or statutorily 

9 protected communication, information, or source to 

10 an official of any Indian tribe. 

11 ‘‘(2) FEDERAL RULES OF CRIMINAL PROCE12 DURE.—Nothing in this section affects or limits the 

13 requirements of Rule 6 of the Federal Rules of Crimi14 nal Procedure. 

15 ‘‘(3) REGULATIONS.—The Attorney General shall 

16 establish, by regulation, standards for the protection 

17 of the confidential or privileged communications, in18 formation, and sources described in this section.’’. 

19 SEC. 103. PROSECUTION OF CRIMES IN INDIAN COUNTRY. 

20 (a) APPOINTMENT OF SPECIAL PROSECUTORS.— 

21 (1) IN GENERAL.—Section 543 of title 28, 

22 United States Code, is amended— 

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

24 period at the end the following: ‘‘, including the 

25 appointment of qualified tribal prosecutors and 
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1 other qualified attorneys to assist in prosecuting 

2 Federal offenses committed in Indian country’’; 

3 and 

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

5 ‘‘(c) INDIAN COUNTRY.—In this section, the term ‘In6 dian country’ has the meaning given that term in section 

7 1151 of title 18.’’. 

8 (2) SENSE OF CONGRESS REGARDING CONSULTA9 TION.—It is the sense of Congress that, in appointing 

10 attorneys under section 543 of title 28, United States 

11 Code, to serve as special prosecutors in Indian coun12 try, the Attorney General should consult with tribal 

13 justice officials of each Indian tribe that would be af14 fected by the appointment. 

15 (b) TRIBAL LIAISONS.— 

16 (1) IN GENERAL.—The Indian Law Enforcement 

17 Reform Act (25 U.S.C. 2801 et seq.) is amended by 

18 adding at the end the following: 

19 ‘‘SEC. 13. ASSISTANT UNITED STATES ATTORNEY TRIBAL LI20 AISONS. 

21 ‘‘(a) APPOINTMENT.—The United States Attorney for 

22 each district that includes Indian country shall appoint not 

23 less than 1 assistant United States Attorney to serve as a 

24 tribal liaison for the district. 
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1 ‘‘(b) DUTIES.—The duties of a tribal liaison shall in2 clude the following: 

3 ‘‘(1) Coordinating the prosecution of Federal 

4 crimes that occur in Indian country. 

5 ‘‘(2) Developing multidisciplinary teams to com6 bat child abuse and domestic and sexual violence of7 fenses against Indians. 

8 ‘‘(3) Consulting and coordinating with tribal 

9 justice officials and victims’ advocates to address any 

10 backlog in the prosecution of major crimes in Indian 

11 country in the district. 

12 ‘‘(4) Developing working relationships and 

13 maintaining communication with tribal leaders, trib14 al community and victims’ advocates, and tribal jus15 tice officials to gather information from, and share 

16 appropriate information with, tribal justice officials. 

17 ‘‘(5) Coordinating with tribal prosecutors in 

18 cases in which a tribal government has concurrent ju19 risdiction over an alleged crime, in advance of the ex20 piration of any applicable statute of limitation. 

21 ‘‘(6) Providing technical assistance and training 

22 regarding evidence gathering techniques and strategies 

23 to address victim and witness protection to tribal jus24 tice officials and other individuals and entities that 
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1 are instrumental to responding to Indian country 

2 crimes. 

3 ‘‘(7) Conducting training sessions and seminars 

4 to certify special law enforcement commissions to 

5 tribal justice officials and other individuals and enti6 ties responsible for responding to Indian country 

7 crimes. 

8 ‘‘(8) Coordinating with the Office of Tribal Jus9 tice, as necessary. 

10 ‘‘(9) Conducting such other activities to address 

11 and prevent violent crime in Indian country as the 

12 applicable United States Attorney determines to be 

13 appropriate. 

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

15 limits the authority of any United States Attorney to deter16 mine the duties of a tribal liaison officer to meet the needs 

17 of the Indian tribes located within the relevant Federal dis18 trict. 

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

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

21 serving a district that includes Indian country is au22 thorized and encouraged— 

23 ‘‘(A) to appoint Special Assistant United 

24 States Attorneys pursuant to section 543(a) of 

25 title 28, United States Code, to prosecute crimes 
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1 in Indian country as necessary to improve the 

2 administration of justice, and particularly 

3 when— 

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

5 average crime rate; or 

6 ‘‘(ii) the rate at which criminal of7 fenses are declined to be prosecuted exceeds 

8 the national average declination rate; 

9 ‘‘(B) to coordinate with applicable United 

10 States district courts regarding scheduling of In11 dian country matters and holding trials or other 

12 proceedings in Indian country, as appropriate; 

13 ‘‘(C) to provide to appointed Special Assist14 ant United States Attorneys appropriate train15 ing, supervision, and staff support; and 

16 ‘‘(D) to provide technical and other assist17 ance to tribal governments and tribal court sys18 tems to ensure that the goals of this subsection 

19 are achieved. 

20 ‘‘(2) SENSE OF CONGRESS REGARDING CON21 SULTATION.—It is the sense of Congress that, in ap22 pointing Special Assistant United States Attorneys 

23 under this subsection, a United States Attorney 

24 should consult with tribal justice officials of each In-
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1 dian tribe that would be affected by the appoint2 ment.’’. 

3 (2) SENSE OF CONGRESS REGARDING EVALUA4 TIONS OF TRIBAL LIAISONS.— 

5 (A) FINDINGS.—Congress finds that— 

6 (i) many residents of Indian country 

7 rely solely on United States Attorneys of8 fices to prosecute felony and misdemeanor 

9 crimes occurring on Indian land; and 

10 (ii) tribal liaisons have dual obliga11 tions of— 

12 (I) coordinating prosecutions of 

13 Indian country crime; and 

14 (II) developing relationships with 

15 residents of Indian country and serv16 ing as a link between Indian country 

17 residents and the Federal justice proc18 ess. 

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

20 Congress that the Attorney General should— 

21 (i) take all appropriate actions to en22 courage the aggressive prosecution of all 

23 Federal crimes committed in Indian coun24 try; and 
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1 (ii) when appropriate, take into con2 sideration the dual responsibilities of tribal 

3 liaisons described in subparagraph (A)(ii) 

4 in evaluating the performance of the tribal 

5 liaisons. 

6 SEC. 104. ADMINISTRATION. 

7 (a) OFFICE OF TRIBAL JUSTICE.— 

8 (1) DEFINITIONS.—Section 4 of the Indian Trib9 al Justice Technical and Legal Assistance Act of 2000 

10 (25 U.S.C. 3653) is amended— 

11 (A) by redesignating paragraphs (2) 

12 through (7) as paragraphs (3) through (8), re13 spectively; and 

14 (B) by inserting after paragraph (1) the fol15 lowing: 

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

17 Director of the Office of Tribal Justice.’’. 

18 (2) STATUS.—Title I of the Indian Tribal Jus19 tice Technical and Legal Assistance Act of 2000 is 

20 amended— 

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

22 3666) as section 107; and 

23 (B) by inserting after section 105 (25 

24 U.S.C. 3665) the following: 
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1 ‘‘SEC. 106. OFFICE OF TRIBAL JUSTICE. 

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

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

4 the Attorney General shall establish the Office of Tribal Jus5 tice as a component of the Department. 

6 ‘‘(b) PERSONNEL AND FUNDING.—The Attorney Gen7 eral shall provide to the Office of Tribal Justice such per8 sonnel and funds as are necessary to establish the Office 

9 of Tribal Justice as a component of the Department under 

10 subsection (a). 

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

12 ‘‘(1) serve as the program and legal policy advi13 sor to the Attorney General with respect to the treaty 

14 and trust relationship between the United States and 

15 Indian tribes; 

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

17 recognized tribal governments and tribal organiza18 tions with respect to questions and comments regard19 ing policies and programs of the Department and 

20 issues relating to public safety and justice in Indian 

21 country; and 

22 ‘‘(3) coordinate with other bureaus, agencies, of23 fices, and divisions within the Department of Justice 

24 to ensure that each component has an accountable 

25 process to ensure meaningful and timely consultation 
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1 with tribal leaders in the development of regulatory 

2 policies and other actions that affect— 

3 ‘‘(A) the trust responsibility of the United 

4 States to Indian tribes; 

5 ‘‘(B) any tribal treaty provision; 

6 ‘‘(C) the status of Indian tribes as sovereign 

7 governments; or 

8 ‘‘(D) any other tribal interest.’’. 

9 (b) NATIVE AMERICAN ISSUES COORDINATOR.—The 

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

11 seq.) (as amended by section 103(b)) is amended by adding 

12 at the end the following: 

13 ‘‘SEC. 14. NATIVE AMERICAN ISSUES COORDINATOR. 

14 ‘‘(a) ESTABLISHMENT.—There is established in the Ex15 ecutive Office for United States Attorneys of the Depart16 ment of Justice a position to be known as the ‘Native Amer17 ican Issues Coordinator’. 

18 ‘‘(b) DUTIES.—The Native American Issues Coordi19 nator shall— 

20 ‘‘(1) coordinate with the United States Attorneys 

21 that have authority to prosecute crimes in Indian 

22 country; 

23 ‘‘(2) coordinate prosecutions of crimes of na24 tional significance in Indian country, as determined 

25 by the Attorney General; 
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1 ‘‘(3) coordinate as necessary with other compo2 nents of the Department of Justice and any relevant 

3 advisory groups to the Attorney General or the Dep4 uty Attorney General; and 

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

6 General may prescribe.’’. 

7 TITLE II—STATE ACCOUNT8 ABILITY AND COORDINATION 

9 SEC. 201. STATE CRIMINAL JURISDICTION AND RE10 SOURCES. 

11 (a) CONCURRENT AUTHORITY OF UNITED STATES.— 

12 Section 401(a) of the Indian Civil Rights Act of 1968 (25 

13 U.S.C. 1321(a)) is amended— 

14 (1) by striking the section designation and head15 ing and all that follows through ‘‘The consent of the 

16 United States’’ and inserting the following: 

17 ‘‘SEC. 401. ASSUMPTION BY STATE OF CRIMINAL JURISDIC18 TION. 

19 ‘‘(a) CONSENT OF UNITED STATES.— 

20 ‘‘(1) IN GENERAL.—The consent of the United 

21 States’’; and 

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

23 ‘‘(2) CONCURRENT JURISDICTION.—At the re24 quest of an Indian tribe, and after consultation with 

25 and consent by the Attorney General, the United 
28 

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1 States shall accept concurrent jurisdiction to pros2 ecute violations of sections 1152 and 1153 of title 18, 

3 United States Code, within the Indian country of the 

4 Indian tribe.’’. 

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

6 United States Code, is amended by adding at the end the 

7 following: 

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

9 an Indian tribe, and after consultation with and consent 

10 by the Attorney General— 

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

12 areas of the Indian country of the Indian tribe; and 

13 ‘‘(2) jurisdiction over those areas shall be concur14 rent among the Federal Government, State govern15 ments, and, where applicable, tribal governments.’’. 

16 SEC. 202. STATE, TRIBAL, AND LOCAL LAW ENFORCEMENT 

17 COOPERATION. 

18 The Attorney General may provide technical and other 

19 assistance to State, tribal, and local governments that enter 

20 into cooperative agreements, including agreements relating 

21 to mutual aid, hot pursuit of suspects, and cross-deputiza22 tion for the purposes of— 

23 (1) improving law enforcement effectiveness; 

24 (2) reducing crime in Indian country and near25 by communities; and 
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1 (3) developing successful cooperative relation2 ships that effectively combat crime in Indian country 

3 and nearby communities. 

4 TITLE III—EMPOWERING TRIBAL 

5 LAW ENFORCEMENT AGEN6 CIES AND TRIBAL GOVERN7 MENTS 

8 SEC. 301. TRIBAL POLICE OFFICERS. 

9 (a) FLEXIBILITY IN TRAINING LAW ENFORCEMENT OF10 FICERS SERVING INDIAN COUNTRY.—Section 3(e) of the In11 dian Law Enforcement Reform Act (25 U.S.C. 2802(e)) (as 

12 amended by section 101(b)(4)) is amended— 

13 (1) in paragraph (1)— 

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

15 inserting the following: 

16 ‘‘(e) STANDARDS OF EDUCATION AND EXPERIENCE

17 AND CLASSIFICATION OF POSITIONS.— 

18 ‘‘(1) STANDARDS OF EDUCATION AND EXPERI19 ENCE.— 

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

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

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

23 training standards established under subpara24 graph (A)— 
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1 ‘‘(i) shall be consistent with standards 

2 accepted by the Federal Law Enforcement 

3 Training Accreditation commission for law 

4 enforcement officers attending similar pro5 grams; and 

6 ‘‘(ii) shall include, or be supplemented 

7 by, instruction regarding Federal sources of 

8 authority and jurisdiction, Federal crimes, 

9 Federal rules of criminal procedure, and 

10 constitutional law to bridge the gap between 

11 State training and Federal requirements. 

12 ‘‘(C) TRAINING AT STATE, TRIBAL, AND

13 LOCAL ACADEMIES.—Law enforcement personnel 

14 of the Office of Justice Services or an Indian 

15 tribe may satisfy the training standards estab16 lished under subparagraph (A) through training 

17 at a State or tribal police academy, a State, re18 gional, local, or tribal college or university, or 

19 other training academy (including any program 

20 at a State, regional, local, or tribal college or 

21 university) that meets the appropriate Peace Of22 ficer Standards of Training. 

23 ‘‘(D) MAXIMUM AGE REQUIREMENT.—Pur24 suant to section 3307(e) of title 5, United States 

25 Code, the Secretary may employ as a law en-
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1 forcement officer under section 4 any individual 

2 under the age of 47, if the individual meets all 

3 other applicable hiring requirements for the ap4 plicable law enforcement position.’’; 

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

6 inserting ‘‘agencies’’; and 

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

8 ‘‘(4) BACKGROUND CHECKS FOR TRIBAL JUSTICE

9 OFFICIALS.— 

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

11 Services shall develop standards and deadlines 

12 for the provision of background checks to tribal 

13 law enforcement and corrections officials. 

14 ‘‘(B) TIMING.—If a request for a back15 ground check is made by an Indian tribe that 

16 has contracted or entered into a compact for law 

17 enforcement or corrections services with the Bu18 reau of Indian Affairs pursuant to the Indian 

19 Self-Determination and Education Assistance 

20 Act (25 U.S.C. 450 et seq.), the Office of Justice 

21 Services shall complete the check not later than 

22 60 days after the date of receipt of the request, 

23 unless an adequate reason for failure to respond 

24 by that date is provided to the Indian tribe in 

25 writing.’’. 
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1 (b) SPECIAL LAW ENFORCEMENT COMMISSIONS.—Sec2 tion 5 of the Indian Law Enforcement Reform Act (25 

3 U.S.C. 2804) is amended— 

4 (1) by striking ‘‘(a) The Secretary may enter 

5 into an agreement’’ and inserting the following: 

6 ‘‘(a) AGREEMENTS.— 

7 ‘‘(1) IN GENERAL.—Not later than 180 days 

8 after the date of enactment of the Tribal Law and 

9 Order Act of 2010, the Secretary shall establish proce10 dures to enter into memoranda of agreement’’; 

11 (2) in the second sentence, by striking ‘‘The Sec12 retary’’ and inserting the following: 

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

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

15 ‘‘(3) PROGRAM ENHANCEMENT.— 

16 ‘‘(A) TRAINING SESSIONS IN INDIAN COUN17 TRY.— 

18 ‘‘(i) IN GENERAL.—The procedures de19 scribed in paragraph (1) shall include the 

20 development of a plan to enhance the certifi21 cation and provision of special law enforce22 ment commissions to tribal law enforcement 

23 officials, and, subject to subsection (d), 

24 State and local law enforcement officials, 

25 pursuant to this section. 
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1 ‘‘(ii) INCLUSIONS.—The plan under 

2 clause (i) shall include the hosting of re3 gional training sessions in Indian country, 

4 not less frequently than biannually, to edu5 cate and certify candidates for the special 

6 law enforcement commissions. 

7 ‘‘(B) MEMORANDA OF AGREEMENT.— 

8 ‘‘(i) IN GENERAL.—Not later than 180 

9 days after the date of enactment of the Trib10 al Law and Order Act of 2010, the Sec11 retary, in consultation with Indian tribes 

12 and tribal law enforcement agencies, shall 

13 develop minimum requirements to be in14 cluded in special law enforcement commis15 sion agreements pursuant to this section. 

16 ‘‘(ii) SUBSTANCE OF AGREEMENTS.— 

17 Each agreement entered into pursuant to 

18 this section shall reflect the status of the ap19 plicable certified individual as a Federal 

20 law enforcement officer under subsection (f), 

21 acting within the scope of the duties de22 scribed in section 3(c). 

23 ‘‘(iii) AGREEMENT.—Not later than 60 

24 days after the date on which the Secretary 

25 determines that all applicable requirements 
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1 under clause (i) are met, the Secretary shall 

2 offer to enter into a special law enforcement 

3 commission agreement with the Indian 

4 tribe.’’. 

5 (c) INDIAN LAW ENFORCEMENT FOUNDATION.—The 

6 Indian Self-Determination and Education Assistance Act 

7 (25 U.S.C. 450 et seq.) is amended by adding at the end 

8 the following: 

9 ‘‘TITLE VII—INDIAN LAW 

10 ENFORCEMENT FOUNDATION 

11 ‘‘SEC. 701. DEFINITIONS. 

12 ‘‘In this title: 

13 ‘‘(1) BOARD.—The term ‘Board’ means the 

14 Board of Directors of the Foundation. 

15 ‘‘(2) BUREAU.—The term ‘Bureau’ means the 

16 Office of Justice Services of the Bureau of Indian Af17 fairs. 

18 ‘‘(3) COMMITTEE.—The term ‘Committee’ means 

19 the Committee for the Establishment of the Indian 

20 Law Enforcement Foundation established under sec21 tion 702(e)(1). 

22 ‘‘(4) FOUNDATION.—The term ‘Foundation’ 

23 means the Indian Law Enforcement Foundation es24 tablished under section 702. 
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1 ‘‘(5) SECRETARY.—The term ‘Secretary’ means 

2 the Secretary of the Interior. 

3 ‘‘SEC. 702. INDIAN LAW ENFORCEMENT FOUNDATION. 

4 ‘‘(a) ESTABLISHMENT.— 

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

6 the date of enactment of this title, the Secretary shall 

7 establish, under the laws of the District of Columbia 

8 and in accordance with this title, a foundation, to be 

9 known as the ‘Indian Law Enforcement Foundation’. 

10 ‘‘(2) FUNDING DETERMINATIONS.—No funds, 

11 gift, property, or other item of value (including any 

12 interest accrued on such an item) acquired by the 

13 Foundation shall— 

14 ‘‘(A) be taken into consideration for pur15 poses of determining Federal appropriations re16 lating to the provision of public safety or justice 

17 services to Indians; or 

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

19 Federal responsibility for the provision of public 

20 safety or justice services to Indians. 

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

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

23 chartered corporation; and 

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

25 the United States. 
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1 ‘‘(c) PLACE OF INCORPORATION AND DOMICILE.—The 

2 Foundation shall be incorporated and domiciled in the Dis3 trict of Columbia. 

4 ‘‘(d) DUTIES.—The Foundation shall— 

5 ‘‘(1) encourage, accept, and administer, in ac6 cordance with the terms of each donation, private 

7 gifts of real and personal property, and any income 

8 from or interest in such gifts, for the benefit of, or in 

9 support of, public safety and justice services in Amer10 ican Indian and Alaska Native communities; and 

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

12 Bureau of Indian Affairs and Indian tribal govern13 ments in funding and conducting activities and pro14 viding education to advance and support the provi15 sion of public safety and justice services in American 

16 Indian and Alaska Native communities. 

17 ‘‘(e) COMMITTEE FOR THE ESTABLISHMENT OF THE

18 INDIAN LAW ENFORCEMENT FOUNDATION.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall establish 

20 a committee, to be known as the ‘Committee for the 

21 Establishment of the Indian Law Enforcement Foun22 dation’, to assist the Secretary in establishing the 

23 Foundation. 
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1 ‘‘(2) DUTIES.—Not later than 180 days after the 

2 date of enactment of this section, the Committee 

3 shall— 

4 ‘‘(A) carry out such activities as are nec5 essary to incorporate the Foundation under the 

6 laws of the District of Columbia, including act7 ing as incorporators of the Foundation; 

8 ‘‘(B) ensure that the Foundation qualifies 

9 for and maintains the status required to carry 

10 out this section, until the date on which the 

11 Board is established; 

12 ‘‘(C) establish the constitution and initial 

13 bylaws of the Foundation; 

14 ‘‘(D) provide for the initial operation of the 

15 Foundation, including providing for temporary 

16 or interim quarters, equipment, and staff; and 

17 ‘‘(E) appoint the initial members of the 

18 Board in accordance with the constitution and 

19 initial bylaws of the Foundation. 

20 ‘‘(f) BOARD OF DIRECTORS.— 

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

22 be the governing body of the Foundation. 

23 ‘‘(2) POWERS.—The Board may exercise, or pro24 vide for the exercise of, the powers of the Foundation. 

25 ‘‘(3) SELECTION.— 
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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), the number of members of the Board, 

3 the manner of selection of the members (includ4 ing the filling of vacancies), and the terms of of5 fice of the members shall be as provided in the 

6 constitution and bylaws of the Foundation. 

7 ‘‘(B) REQUIREMENTS.— 

8 ‘‘(i) NUMBER OF MEMBERS.—The 

9 Board shall be composed of not less than 7 

10 members. 

11 ‘‘(ii) INITIAL VOTING MEMBERS.—The 

12 initial voting members of the Board— 

13 ‘‘(I) shall be appointed by the 

14 Committee not later than 180 days 

15 after the date on which the Foundation 

16 is established; and 

17 ‘‘(II) shall serve for staggered 

18 terms. 

19 ‘‘(iii) QUALIFICATION.—The members 

20 of the Board shall be United States citizens 

21 with knowledge or experience regarding 

22 public safety and justice in Indian and 

23 Alaska Native communities. 

24 ‘‘(C) COMPENSATION.—A member of the 

25 Board shall not receive compensation for service 
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1 as a member, but shall be reimbursed for actual 

2 and necessary travel and subsistence expenses in3 curred in the performance of the duties of the 

4 Foundation. 

5 ‘‘(g) OFFICERS.— 

6 ‘‘(1) IN GENERAL.—The officers of the Founda7 tion shall be— 

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

9 members of the Board; and 

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

11 constitution and bylaws of the Foundation. 

12 ‘‘(2) CHIEF OPERATING OFFICER.— 

13 ‘‘(A) SECRETARY.—Subject to subparagraph 

14 (B), the Secretary of the Foundation may serve, 

15 at the direction of the Board, as the chief oper16 ating officer of the Foundation. 

17 ‘‘(B) APPOINTMENT.—The Board may ap18 point a chief operating officer in lieu of the Sec19 retary of the Foundation under subparagraph 

20 (A), who shall serve at the direction of the 

21 Board. 

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

23 of office, and duties of the officers of the Foundation 

24 shall be as provided in the constitution and bylaws 

25 of the Foundation. 
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1 ‘‘(h) POWERS.—The Foundation— 

2 ‘‘(1) shall adopt a constitution and bylaws for 

3 the management of the property of the Foundation 

4 and the regulation of the affairs of the Foundation; 

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

6 ‘‘(3) may enter into contracts; 

7 ‘‘(4) may acquire (through gift or otherwise), 

8 own, lease, encumber, and transfer real or personal 

9 property as necessary or convenient to carry out the 

10 purposes of the Foundation; 

11 ‘‘(5) may sue and be sued; and 

12 ‘‘(6) may perform any other act necessary and 

13 proper to carry out the purposes of the Foundation. 

14 ‘‘(i) PRINCIPAL OFFICE.— 

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

16 Foundation shall be located in the District of Colum17 bia. 

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

19 Foundation may be conducted, and offices may be 

20 maintained, throughout the United States in accord21 ance with the constitution and bylaws of the Founda22 tion. 

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

24 comply with the law on service of process of each State in 
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1 which the Foundation is incorporated and of each State in 

2 which the Foundation carries on activities. 

3 ‘‘(k) LIABILITY OF OFFICERS, EMPLOYEES, AND

4 AGENTS.— 

5 ‘‘(1) IN GENERAL.—The Foundation shall be lia6 ble for the acts of the officers, employees, and agents 

7 of the Foundation acting within the scope of the au8 thority of the officers, employees, and agents. 

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

10 Board shall be personally liable only for gross neg11 ligence in the performance of the duties of the mem12 ber. 

13 ‘‘(l) RESTRICTIONS.— 

14 ‘‘(1) LIMITATION ON SPENDING.—Beginning 

15 with the fiscal year following the first full fiscal year 

16 during which the Foundation is in operation, the ad17 ministrative costs of the Foundation shall not exceed 

18 the percentage described in paragraph (2) of the sum 

19 of— 

20 ‘‘(A) the amounts transferred to the Foun21 dation under subsection (n) during the preceding 

22 fiscal year; and 

23 ‘‘(B) donations received from private 

24 sources during the preceding fiscal year. 
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1 ‘‘(2) PERCENTAGES.—The percentages referred to 

2 in paragraph (1) are— 

3 ‘‘(A) for the first 2 fiscal years described in 

4 that paragraph, 25 percent; 

5 ‘‘(B) for the following fiscal year, 20 per6 cent; and 

7 ‘‘(C) for each fiscal year thereafter, 15 per8 cent. 

9 ‘‘(3) APPOINTMENT AND HIRING.—The appoint10 ment of officers and employees of the Foundation 

11 shall be subject to the availability of funds. 

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

13 employee, or agent of the Foundation shall not by 

14 reason of association with the Foundation be consid15 ered to be an officer, employee, or agent of the United 

16 States. 

17 ‘‘(m) AUDITS.—The Foundation shall comply with sec18 tion 10101 of title 36, United States Code, as if the Founda19 tion were a corporation under part B of subtitle II of that 

20 title. 

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

22 2015, out of any unobligated amounts available to the Sec23 retary, the Secretary may use to carry out this section not 

24 more than $500,000. 
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1 ‘‘SEC. 703. ADMINISTRATIVE SERVICES AND SUPPORT. 

2 ‘‘(a) PROVISION OF SUPPORT BY SECRETARY.—Sub3 ject to subsection (b), during the 5-year period beginning 

4 on the date on which the Foundation is established, the Sec5 retary— 

6 ‘‘(1) may provide personnel, facilities, and other 

7 administrative support services to the Foundation; 

8 ‘‘(2) may provide funds for initial operating 

9 costs and to reimburse the travel expenses of the mem10 bers of the Board; and 

11 ‘‘(3) shall require and accept reimbursements 

12 from the Foundation for— 

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

14 and 

15 ‘‘(B) funds provided under paragraph (2). 

16 ‘‘(b) REIMBURSEMENT.—Reimbursements accepted 

17 under subsection (a)(3)— 

18 ‘‘(1) shall be deposited in the Treasury of the 

19 United States to the credit of the applicable appro20 priations account; and 

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

22 services described in subsection (a)(1) and travel ex23 penses described in subsection (a)(2). 

24 ‘‘(c) CONTINUATION OF CERTAIN SERVICES.—The Sec25 retary may continue to provide facilities and necessary sup26 port services to the Foundation after the termination of the 
44 

† HR 725 EAS 

1 5-year period specified in subsection (a) if the facilities and 

2 services are— 

3 ‘‘(1) available; and 

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

5 (d) TECHNICAL AMENDMENTS.—The Indian Self-De6 termination and Education Assistance Act is amended— 

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

8 seq.) as title VIII and moving the title so as to appear 

9 at the end of the Act; 

10 (2) by redesignating sections 501, 502, and 503 

11 (25 U.S.C. 458bbb, 458bbb–1, 458bbb–2) as sections 

12 801, 802, and 803, respectively; and 

13 (3) in subsection (a)(2) of section 802 and para14 graph (2) of section 803 (as redesignated by para15 graph (2)), by striking ‘‘section 501’’ and inserting 

16 ‘‘section 801’’. 

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

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

19 amended by adding at the end the following: 

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

21 accept reimbursement, resources, assistance, or funding 

22 from— 

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

24 agency; or 
45 

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1 ‘‘(2) the Indian Law Enforcement Foundation 

2 established under section 701(a) of the Indian Self3 Determination and Education Assistance Act.’’. 

4 SEC. 302. DRUG ENFORCEMENT IN INDIAN COUNTRY. 

5 (a) EDUCATION AND RESEARCH PROGRAMS.—Section 

6 502 of the Controlled Substances Act (21 U.S.C. 872) is 

7 amended in subsections (a)(1) and (c), by inserting ‘‘ trib8 al,’’ after ‘‘State,’’ each place it appears. 

9 (b) PUBLIC-PRIVATE EDUCATION PROGRAM.—Section 

10 503 of the Comprehensive Methamphetamine Control Act of 

11 1996 (21 U.S.C. 872a) is amended— 

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

13 ‘‘State,’’; and 

14 (2) in subsection (b)(2), by inserting ‘‘, tribal,’’ 

15 after ‘‘State’’. 

16 (c) COOPERATIVE ARRANGEMENTS.—Section 503 of 

17 the Controlled Substances Act (21 U.S.C. 873) is amend18 ed— 

19 (1) in subsection (a)— 

20 (A) by inserting ‘‘tribal,’’ after ‘‘State,’’ 

21 each place it appears; and 

22 (B) in paragraphs (6) and (7), by inserting 

23 ‘‘, tribal,’’ after ‘‘State’’ each place it appears; 

24 and 
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1 (2) in subsection (d)(1), by inserting ‘‘, tribal,’’ 

2 after ‘‘State’’. 

3 (d) POWERS OF ENFORCEMENT PERSONNEL.—Section 

4 508(a) of the Controlled Substances Act (21 U.S.C. 878(a)) 

5 is amended in the matter preceding paragraph (1) by in6 serting ‘‘, tribal,’’ after ‘‘State’’. 

7 (e) EFFECT OF GRANTS.—Nothing in this section or 

8 any amendment made by this section— 

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

10 an entity for law enforcement activities that the enti11 ty lacks jurisdiction to perform; or 

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

13 or deny a grant of funds to a federally recognized In14 dian tribe for the purposes described in the relevant 

15 grant program. 

16 SEC. 303. ACCESS TO NATIONAL CRIMINAL INFORMATION 

17 DATABASES. 

18 (a) ACCESS TO NATIONAL CRIMINAL INFORMATION

19 DATABASES.—Section 534 of title 28, United States Code, 

20 is amended— 

21 (1) in subsection (a)(4), by inserting ‘‘Indian 

22 tribes,’’ after ‘‘the States,’’; 

23 (2) by striking subsection (d) and inserting the 

24 following: 
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1 ‘‘(d) INDIAN LAW ENFORCEMENT AGENCIES.—The At2 torney General shall permit tribal and Bureau of Indian 

3 Affairs law enforcement agencies— 

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

5 criminal information databases; and 

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

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

8 subsection (f); and 

9 (4) in paragraph (2) of subsection (f) (as redes10 ignated by paragraph (3)), in the matter preceding 

11 subparagraph (A), by inserting ‘‘, tribal,’’ after ‘‘Fed12 eral’’. 

13 (b) REQUIREMENT.— 

14 (1) IN GENERAL.—The Attorney General shall 

15 ensure that tribal law enforcement officials that meet 

16 applicable Federal or State requirements be permitted 

17 access to national crime information databases. 

18 (2) SANCTIONS.—For purpose of sanctions for 

19 noncompliance with requirements of, or misuse of, na20 tional crime information databases and information 

21 obtained from those databases, a tribal law enforce22 ment agency or official shall be treated as Federal law 

23 enforcement agency or official. 

24 (3) NCIC.—Each tribal justice official serving 

25 an Indian tribe with criminal jurisdiction over In-
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1 dian country shall be considered to be an authorized 

2 law enforcement official for purposes of access to the 

3 National Crime Information Center of the Federal 

4 Bureau of Investigation. 

5 SEC. 304. TRIBAL COURT SENTENCING AUTHORITY. 

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

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

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

9 striking ‘‘No Indian tribe’’ and inserting the fol10 lowing: 

11 ‘‘(a) IN GENERAL.—No Indian tribe’’; 

12 (2) in subsection (a) (as designated by para13 graph (1))— 

14 (A) in paragraph (6) by inserting ‘‘(except 

15 as provided in subsection (b)) after ‘‘assistance of 

16 counsel for his defense’’; and 

17 (B) by striking paragraph (7) and inserting 

18 the following: 

19 ‘‘(7)(A) require excessive bail, impose excessive 

20 fines, or inflict cruel and unusual punishments; 

21 ‘‘(B) except as provided in subparagraph (C), 

22 impose for conviction of any 1 offense any penalty or 

23 punishment greater than imprisonment for a term of 

24 1 year or a fine of $5,000, or both; 
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1 ‘‘(C) subject to subsection (b), impose for convic2 tion of any 1 offense any penalty or punishment 

3 greater than imprisonment for a term of 3 years or 

4 a fine of $15,000, or both; or 

5 ‘‘(D) impose on a person in a criminal pro6 ceeding a total penalty or punishment greater than 

7 imprisonment for a term of 9 years;’’; and 

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

9 ‘‘(b) OFFENSES SUBJECT TO GREATER THAN 1-YEAR

10 IMPRISONMENT OR A FINE GREATER THAN $5,000.—A 

11 tribal court may subject a defendant to a term of imprison12 ment greater than 1 year but not to exceed 3 years for any 

13 1 offense, or a fine greater than $5,000 but not to exceed 

14 $15,000, or both, if the defendant is a person accused of 

15 a criminal offense who— 

16 ‘‘(1) has been previously convicted of the same or 

17 a comparable offense by any jurisdiction in the 

18 United States; or 

19 ‘‘(2) is being prosecuted for an offense com20 parable to an offense that would be punishable by 

21 more than 1 year of imprisonment if prosecuted by 

22 the United States or any of the States. 

23 ‘‘(c) RIGHTS OF DEFENDANTS.—In a criminal pro24 ceeding in which an Indian tribe, in exercising powers of 
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1 self-government, imposes a total term of imprisonment of 

2 more than 1 year on a defendant, the Indian tribe shall— 

3 ‘‘(1) provide to the defendant the right to effec4 tive assistance of counsel at least equal to that guar5 anteed by the United States Constitution; and 

6 ‘‘(2) at the expense of the tribal government, pro7 vide an indigent defendant the assistance of a defense 

8 attorney licensed to practice law by any jurisdiction 

9 in the United States that applies appropriate profes10 sional licensing standards and effectively ensures the 

11 competence and professional responsibility of its li12 censed attorneys; 

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

14 criminal proceeding— 

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

16 over criminal proceedings; and 

17 ‘‘(B) is licensed to practice law by any ju18 risdiction in the United States; 

19 ‘‘(4) prior to charging the defendant, make pub20 licly available the criminal laws (including regula21 tions and interpretative documents), rules of evidence, 

22 and rules of criminal procedure (including rules gov23 erning the recusal of judges in appropriate cir24 cumstances) of the tribal government; and 
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1 ‘‘(5) maintain a record of the criminal pro2 ceeding, including an audio or other recording of the 

3 trial proceeding. 

4 ‘‘(d) SENTENCES.—In the case of a defendant sen5 tenced in accordance with subsections (b) and (c), a tribal 

6 court may require the defendant— 

7 ‘‘(1) to serve the sentence— 

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

9 been approved by the Bureau of Indian Affairs 

10 for long-term incarceration, in accordance with 

11 guidelines to be developed by the Bureau of In12 dian Affairs (in consultation with Indian tribes) 

13 not later than 180 days after the date of enact14 ment of the Tribal Law and Order Act of 2010; 

15 ‘‘(B) in the nearest appropriate Federal fa16 cility, at the expense of the United States pursu17 ant to the Bureau of Prisons tribal prisoner 

18 pilot program described in section 304(c) of the 

19 Tribal Law and Order Act of 2010; 

20 ‘‘(C) in a State or local government-ap21 proved detention or correctional center pursuant 

22 to an agreement between the Indian tribe and 

23 the State or local government; or 

24 ‘‘(D) in an alternative rehabilitation center 

25 of an Indian tribe; or 
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1 ‘‘(2) to serve another alternative form of punish2 ment, as determined by the tribal court judge pursu3 ant to tribal law. 

4 ‘‘(e) DEFINITION OF OFFENSE.—In this section, the 

5 term ‘offense’ means a violation of a criminal law. 

6 ‘‘(f) EFFECT OF SECTION.—Nothing in this section af7 fects the obligation of the United States, or any State gov8 ernment that has been delegated authority by the United 

9 States, to investigate and prosecute any criminal violation 

10 in Indian country.’’. 

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

12 of enactment of this Act, the Attorney General, in coordina13 tion with the Secretary of the Interior, shall submit a report 

14 to the appropriate committees of Congress that includes— 

15 (1) a description of the effectiveness of enhanced 

16 tribal court sentencing authority in curtailing vio17 lence and improving the administration of justice on 

18 Indian lands; and 

19 (2) a recommendation of whether enhanced sen20 tencing authority should be discontinued, enhanced, 

21 or maintained at the level authorized under this divi22 sion. 

23 (c) BUREAU OF PRISONS TRIBAL PRISONER PILOT

24 PROGRAM.— 
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1 (1) IN GENERAL.—Not later than 120 days after 

2 the date of enactment of this division, the Director of 

3 the Bureau of Prisons shall establish a pilot program 

4 under which the Bureau of Prisons shall accept of5 fenders convicted in tribal court pursuant to section 

6 202 of the Indian Civil Rights Act of 1968 (25 U.S.C. 

7 1302) (as amended by this section), subject to the con8 ditions described in paragraph (2). 

9 (2) CONDITIONS.— 

10 (A) IN GENERAL.—As a condition of par11 ticipation in the pilot program described in 

12 paragraph (1), the tribal court shall submit to 

13 the Attorney General a request for confinement of 

14 the offender, for approval by the Attorney Gen15 eral (or a designee) by not later than 30 days 

16 after the date of submission. 

17 (B) LIMITATIONS.—Requests for confine18 ment shall be limited to offenders convicted of a 

19 violent crime (comparable to the violent crimes 

20 described in section 1153(a) of title 18, United 

21 States Code) for which the sentence includes a 

22 term of imprisonment of 2 or more years. 

23 (C) CUSTODY CONDITIONS.—The imprison24 ment by the Bureau of Prisons shall be subject 

25 to the conditions described in section 5003 of 
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1 title 18, United States Code, regarding the cus2 tody of State offenders, except that the offender 

3 shall be placed in the nearest available and ap4 propriate Federal facility, and imprisoned at the 

5 expense of the United States. 

6 (D) CAP.—The Bureau of Prisons shall con7 fine not more than 100 tribal offenders at any 

8 time. 

9 (3) RESCINDING REQUESTS.— 

10 (A) IN GENERAL.—The applicable tribal 

11 government shall retain the authority to rescind 

12 the request for confinement of a tribal offender 

13 by the Bureau of Prisons under this paragraph 

14 at any time during the sentence of the offender. 

15 (B) RETURN TO TRIBAL CUSTODY.—On re16 scission of a request under subparagraph (A), a 

17 tribal offender shall be returned to tribal custody. 

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

19 participation in this pilot program exceeds 100 tribal 

20 offenders, a representative of the Bureau of Prisons 

21 shall notify Congress. 

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

23 date of establishment of the pilot program, the Attor24 ney General shall submit to Congress a report describ-
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1 ing the status of the program, including recommenda2 tions regarding the future of the program, if any. 

3 (6) TERMINATION.—Except as otherwise pro4 vided by an Act of Congress, the pilot program under 

5 this paragraph shall expire on the date that is 4 

6 years after the date on which the program is estab7 lished. 

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

9 Economic Opportunity Act of 1964 (42 U.S.C. 2996f(b)) 

10 is amended by striking paragraph (2) and inserting the fol11 lowing: 

12 ‘‘(2) to provide legal assistance with respect to 

13 any criminal proceeding, except to provide assistance 

14 to a person charged with an offense in an Indian 

15 tribal court;’’. 

16 SEC. 305. INDIAN LAW AND ORDER COMMISSION. 

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

18 2801 et seq.) (as amended by section 104(b)) is amended 

19 by adding at the end the following: 

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

21 ‘‘(a) ESTABLISHMENT.—There is established a com22 mission to be known as the Indian Law and Order Commis23 sion (referred to in this section as the ‘Commission’). 

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

2 composed of 9 members, of whom— 

3 ‘‘(A) 3 shall be appointed by the President, 

4 in consultation with— 

5 ‘‘(i) the Attorney General; and 

6 ‘‘(ii) the Secretary; 

7 ‘‘(B) 2 shall be appointed by the Majority 

8 Leader of the Senate, in consultation with the 

9 Chairpersons of the Committees on Indian Af10 fairs and the Judiciary of the Senate; 

11 ‘‘(C) 1 shall be appointed by the Minority 

12 Leader of the Senate, in consultation with the 

13 Vice Chairperson and Ranking Member of the 

14 Committees on Indian Affairs and the Judiciary 

15 of the Senate; 

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

17 the House of Representatives, in consultation 

18 with the Chairpersons of the Committees on the 

19 Judiciary and Natural Resources of the House of 

20 Representatives; and 

21 ‘‘(E) 1 shall be appointed by the Minority 

22 Leader of the House of Representatives, in con23 sultation with the Ranking Members of the Com24 mittees on the Judiciary and Natural Resources 

25 of the House of Representatives. 
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1 ‘‘(2) REQUIREMENTS FOR ELIGIBILITY.—Each 

2 member of the Commission shall have significant ex3 perience and expertise in— 

4 ‘‘(A) the Indian country criminal justice 

5 system; and 

6 ‘‘(B) matters to be studied by the Commis7 sion. 

8 ‘‘(3) CONSULTATION REQUIRED.—The President, 

9 the Speaker and Minority Leader of the House of 

10 Representatives, and the Majority Leader and Minor11 ity Leader of the Senate shall consult before the ap12 pointment of members of the Commission under para13 graph (1) to achieve, to the maximum extent prac14 ticable, fair and equitable representation of various 

15 points of view with respect to the matters to be stud16 ied by the Commission. 

17 ‘‘(4) TERM.—Each member shall be appointed 

18 for the life of the Commission. 

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

20 appointment of the members of the Commission shall 

21 be made not later than 60 days after the date of en22 actment of this Act. 

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

24 shall be filled— 
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1 ‘‘(A) in the same manner in which the 

2 original appointment was made; and 

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

4 on which the vacancy occurred. 

5 ‘‘(c) OPERATION.— 

6 ‘‘(1) CHAIRPERSON.—Not later than 15 days 

7 after the date on which all members of the Commis8 sion have been appointed, the Commission shall select 

9 1 member to serve as Chairperson of the Commission. 

10 ‘‘(2) MEETINGS.— 

11 ‘‘(A) IN GENERAL.—The Commission shall 

12 meet at the call of the Chairperson. 

13 ‘‘(B) INITIAL MEETING.—The initial meet14 ing shall take place not later than 30 days after 

15 the date described in paragraph (1). 

16 ‘‘(3) QUORUM.—A majority of the members of 

17 the Commission shall constitute a quorum, but a less18 er number of members may hold hearings. 

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

20 by majority vote, any rules for the conduct of Com21 mission business, in accordance with this Act and 

22 other applicable law. 

23 ‘‘(d) COMPREHENSIVE STUDY OF CRIMINAL JUSTICE

24 SYSTEM RELATING TO INDIAN COUNTRY.—The Commission 
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1 shall conduct a comprehensive study of law enforcement and 

2 criminal justice in tribal communities, including— 

3 ‘‘(1) jurisdiction over crimes committed in In4 dian country and the impact of that jurisdiction 

5 on— 

6 ‘‘(A) the investigation and prosecution of 

7 Indian country crimes; and 

8 ‘‘(B) residents of Indian land; 

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

10 and the effect of those systems with respect to— 

11 ‘‘(A) reducing Indian country crime; and 

12 ‘‘(B) rehabilitation of offenders; 

13 ‘‘(3)(A) tribal juvenile justice systems and the 

14 Federal juvenile justice system as relating to Indian 

15 country; and 

16 ‘‘(B) the effect of those systems and related pro17 grams in preventing juvenile crime, rehabilitating In18 dian youth in custody, and reducing recidivism 

19 among Indian youth; 

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

21 of 1968 (25 U.S.C. 1301 et seq.) on— 

22 ‘‘(A) the authority of Indian tribes; 

23 ‘‘(B) the rights of defendants subject to trib24 al government authority; and 
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1 ‘‘(C) the fairness and effectiveness of tribal 

2 criminal systems; and 

3 ‘‘(5) studies of such other subjects as the Com4 mission determines relevant to achieve the purposes of 

5 the Tribal Law and Order Act of 2010. 

6 ‘‘(e) RECOMMENDATIONS.—Taking into consideration 

7 the results of the study under paragraph (1), the Commis8 sion shall develop recommendations on necessary modifica9 tions and improvements to justice systems at the tribal, 

10 Federal, and State levels, including consideration of— 

11 ‘‘(1) simplifying jurisdiction in Indian country; 

12 ‘‘(2) improving services and programs— 

13 ‘‘(A) to prevent juvenile crime on Indian 

14 land; 

15 ‘‘(B) to rehabilitate Indian youth in cus16 tody; and 

17 ‘‘(C) to reduce recidivism among Indian 

18 youth; 

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

20 courts and exploring alternatives to incarceration; 

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

22 United States Code (commonly known as ‘the Federal 

23 Magistrates Act’) in Indian country; 

24 ‘‘(5) effective means of protecting the rights of 

25 victims and defendants in tribal criminal justice sys-
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1 tems (including defendants incarcerated for a period 

2 of less than 1 year); 

3 ‘‘(6) changes to the tribal jails and Federal pris4 on systems; and 

5 ‘‘(7) other issues that, as determined by the Com6 mission, would reduce violent crime in Indian coun7 try. 

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

9 of enactment of this Act, the Commission shall submit to 

10 the President and Congress a report that contains— 

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

12 conclusions of the Commission; and 

13 ‘‘(2) the recommendations of the Commission for 

14 such legislative and administrative actions as the 

15 Commission considers to be appropriate. 

16 ‘‘(g) POWERS.— 

17 ‘‘(1) HEARINGS.— 

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

19 hold such hearings, meet and act at such times 

20 and places, take such testimony, and receive such 

21 evidence as the Commission considers to be ad22 visable to carry out the duties of the Commission 

23 under this section. 
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1 ‘‘(B) PUBLIC REQUIREMENT.—The hearings 

2 of the Commission under this paragraph shall be 

3 open to the public. 

4 ‘‘(2) WITNESS EXPENSES.— 

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

6 appear before the Commission shall be paid the 

7 same fees and allowances as are paid to wit8 nesses under section 1821 of title 28, United 

9 States Code. 

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

11 and allowances for a witness shall be paid from 

12 funds made available to the Commission. 

13 ‘‘(3) INFORMATION FROM FEDERAL, TRIBAL, AND

14 STATE AGENCIES.— 

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

16 secure directly from a Federal agency such infor17 mation as the Commission considers to be nec18 essary to carry out this section. 

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

20 Commission may request the head of any tribal 

21 or State agency to provide to the Commission 

22 such information as the Commission considers to 

23 be necessary to carry out this section. 

24 ‘‘(4) POSTAL SERVICES.—The Commission may 

25 use the United States mails in the same manner and 
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1 under the same conditions as other agencies of the 

2 Federal Government. 

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

4 and dispose of gifts or donations of services or prop5 erty. 

6 ‘‘(h) COMMISSION PERSONNEL MATTERS.— 

7 ‘‘(1) TRAVEL EXPENSES.—A member of the Com8 mission shall be allowed travel expenses, including 

9 per diem in lieu of subsistence, at rates authorized for 

10 an employee of an agency under subchapter I of chap11 ter 57 of title 5, United States Code, while away from 

12 the home or regular place of business of the member 

13 in the performance of the duties of the Commission. 

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

affirmative vote of 2 15 ⁄3 of the members of the Commis16 sion and the approval of the appropriate Federal 

17 agency head, an employee of the Federal Government 

18 may be detailed to the Commission without reim19 bursement, and such detail shall be without interrup20 tion or loss of civil service status, benefits, or privi21 leges. 

22 ‘‘(3) PROCUREMENT OF TEMPORARY AND INTER23 MITTENT SERVICES.—On request of the Commission, 

24 the Attorney General shall provide to the Commission, 
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1 on a reimbursable basis, reasonable and appropriate 

2 office space, supplies, and administrative assistance. 

3 ‘‘(i) CONTRACTS FOR RESEARCH.— 

4 ‘‘(1) RESEARCHERS AND EXPERTS.— 

5 ‘‘(A) IN GENERAL.—On an affirmative vote 

of 2 6 ⁄3 of the members of the Commission, the 

7 Commission may select nongovernmental re8 searchers and experts to assist the Commission 

9 in carrying out the duties of the Commission 

10 under this section. 

11 ‘‘(B) NATIONAL INSTITUTE OF JUSTICE.— 

12 The National Institute of Justice may enter into 

13 a contract with the researchers and experts se14 lected by the Commission under subparagraph 

15 (A) to provide funding in exchange for the serv16 ices of the researchers and experts. 

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

18 subsection limits the ability of the Commission to 

19 enter into contracts with any other entity or organi20 zation to carry out research necessary to carry out the 

21 duties of the Commission under this section. 

22 ‘‘(j) TRIBAL ADVISORY COMMITTEE.— 

23 ‘‘(1) ESTABLISHMENT.—The Commission shall 

24 establish a committee, to be known as the ‘Tribal Ad25 visory Committee’. 
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1 ‘‘(2) MEMBERSHIP.— 

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

3 Committee shall consist of 2 representatives of 

4 Indian tribes from each region of the Bureau of 

5 Indian Affairs. 

6 ‘‘(B) QUALIFICATIONS.—Each member of 

7 the Tribal Advisory Committee shall have experi8 ence relating to— 

9 ‘‘(i) justice systems; 

10 ‘‘(ii) crime prevention; or 

11 ‘‘(iii) victim services. 

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

13 shall— 

14 ‘‘(A) serve as an advisory body to the Com15 mission; and 

16 ‘‘(B) provide to the Commission advice and 

17 recommendations, submit materials, documents, 

18 testimony, and such other information as the 

19 Commission determines to be necessary to carry 

20 out the duties of the Commission under this sec21 tion. 

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

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

24 of any unobligated amounts available to the Secretary of 

25 the Interior or the Attorney General, the Secretary or the 
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1 Attorney General may use to carry out this section not more 

2 than $2,000,000. 

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

4 shall terminate 90 days after the date on which the Com5 mission submits the report of the Commission under sub6 section (f). 

7 ‘‘(m) NONAPPLICABILITY OF FACA.—The Federal Ad8 visory Committee Act (5 U.S.C. App.) shall not apply to 

9 the Commission.’’. 

10 SEC. 306. EXEMPTION FOR TRIBAL DISPLAY MATERIALS. 

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

12 States Code is amended— 

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

14 end; 

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

16 the end and inserting ‘‘and’’; and 

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

18 ‘‘(7) the transportation, shipment, receipt, or im19 portation of display fireworks materials for delivery 

20 to a federally recognized Indian tribe or tribal agen21 cy.’’. 

22 (b) DEFINITION OF INDIAN TRIBE.—Section 841 of 

23 title 18, United States Code is amended by adding at the 

24 end the following: 
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1 ‘‘(t) INDIAN TRIBE.—The term ‘Indian tribe’ has the 

2 meaning given the term in section 102 of the Federally Rec3 ognized Indian Tribe List Act of 1994 (25 U.S.C. 479a)).’’. 

4 (c) TECHNICAL AMENDMENTS.—Section 845 of title 

5 18, United States Code is amended— 

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

7 in the first place it appears and inserting ‘‘sub8 section’’; and 

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

10 each place it appears and inserting ‘‘Attorney Gen11 eral’’. 

12 TITLE IV—TRIBAL JUSTICE 

13 SYSTEMS 

14 SEC. 401. INDIAN ALCOHOL AND SUBSTANCE ABUSE. 

15 (a) CORRECTION OF REFERENCES.— 

16 (1) INTER-DEPARTMENTAL MEMORANDUM OF

17 AGREEMENT.—Section 4205 of the Indian Alcohol 

18 and Substance Abuse Prevention and Treatment Act 

19 of 1986 (25 U.S.C. 2411) is amended— 

20 (A) in subsection (a)— 

21 (i) in the matter preceding paragraph 

22 (1)— 

23 (I) by striking ‘‘Not later than 

24 120 days after the date of enactment of 

25 this subtitle’’ and inserting ‘‘Not later 
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1 than 1 year after the date of enactment 

2 of the Tribal Law and Order Act of 

3 2010’’; and 

4 (II) by inserting ‘‘, the Attorney 

5 General,’’ after ‘‘Secretary of the Inte6 rior’’; 

7 (ii) in paragraph (2)(A), by inserting 

8 ‘‘, Office of Justice Programs, Substance 

9 Abuse and Mental Health Services Adminis10 tration,’’ after ‘‘Bureau of Indian Affairs,’’; 

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

12 Department of Justice, Substance Abuse 

13 and Mental Health Services Administra14 tion,’’ after ‘‘Bureau of Indian Affairs’’; 

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

16 Department of Justice, Substance Abuse 

17 and Mental Health Services Administra18 tion,’’ after ‘‘Bureau of Indian Affairs’’; 

19 (v) in paragraph (7), by inserting ‘‘, 

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

21 the Interior’’; 

22 (B) in subsection (c), by inserting ‘‘, the At23 torney General,’’ after ‘‘Secretary of the Inte24 rior’’; and 
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1 (C) in subsection (d), by striking ‘‘the date 

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

3 date of enactment of the Tribal Law and Order 

4 Act of 2010’’. 

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

6 Indian Alcohol and Substance Abuse Prevention and 

7 Treatment Act of 1986 (25 U.S.C. 2412) is amend8 ed— 

9 (A) in subsection (b), in the first sentence, 

10 by inserting ‘‘, the Office of Justice Programs, 

11 the Substance Abuse and Mental Health Services 

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

13 Service service unit’’; 

14 (B) in subsection (c)(1)(A)(i), by inserting 

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

16 Abuse and Mental Health Services Administra17 tion,’’ before ‘‘and the Indian Health Service 

18 service unit’’; 

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

20 year 1993 and such sums as are necessary for 

21 each of the fiscal years 1994, 1995, 1996, 1997, 

22 1998, 1999, and 2000’’ and inserting ‘‘the period 

23 of fiscal years 2011 through 2015’’; 
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1 (D) in subsection (e), in the first sentence, 

2 by inserting ‘‘, the Attorney General,’’ after ‘‘the 

3 Secretary of the Interior’’; and 

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

5 year 1993 and such sums as are necessary for 

6 each of the fiscal years 1994, 1995, 1996, 1997, 

7 1998, 1999, and 2000’’ and inserting ‘‘fiscal 

8 years 2011 through 2015’’. 

9 (3) DEPARTMENTAL RESPONSIBILITY.—Section 

10 4207 of the Indian Alcohol and Substance Abuse Pre11 vention and Treatment Act of 1986 (25 U.S.C. 2413) 

12 is amended— 

13 (A) in subsection (a), by inserting ‘‘, the At14 torney General’’ after ‘‘Bureau of Indian Af15 fairs’’; 

16 (B) in subsection (b)— 

17 (i) by striking paragraph (1) and in18 serting the following: 

19 ‘‘(1) ESTABLISHMENT.— 

20 ‘‘(A) IN GENERAL.—To improve coordina21 tion among the Federal agencies and depart22 ments carrying out this subtitle, there is estab23 lished within the Substance Abuse and Mental 

24 Health Services Administration an office, to be 

25 known as the ‘Office of Indian Alcohol and Sub-
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1 stance Abuse’ (referred to in this section as the 

2 ‘Office’). 

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

4 shall be appointed by the Administrator of the 

5 Substance Abuse and Mental Health Services Ad6 ministration— 

7 ‘‘(i) on a permanent basis; and 

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

9 15 of the General Schedule.’’; 

10 (ii) in paragraph (2)— 

11 (I) by striking ‘‘(2) In addition’’ 

12 and inserting the following: 

13 ‘‘(2) RESPONSIBILITIES OF OFFICE.—In addi14 tion’’; 

15 (II) by striking subparagraph (A) 

16 and inserting the following: 

17 ‘‘(A) coordinating with other agencies to 

18 monitor the performance and compliance of the 

19 relevant Federal programs in achieving the goals 

20 and purposes of this subtitle and the Memo21 randum of Agreement entered into under section 

22 4205;’’; 

23 (III) in subparagraph (B)— 

24 (aa) by striking ‘‘within the 

25 Bureau of Indian Affairs’’; and 
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1 (bb) by striking the period at 

2 the end and inserting ‘‘; and’’; 

3 and 

4 (IV) by adding at the end the fol5 lowing: 

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

7 enactment of the Tribal Law and Order Act of 

8 2010, developing, in coordination and consulta9 tion with tribal governments, a framework for 

10 interagency and tribal coordination that— 

11 ‘‘(i) establish the goals and other de12 sired outcomes of this Act; 

13 ‘‘(ii) prioritizes outcomes that are 

14 aligned with the purposes of affected agen15 cies; 

16 ‘‘(iii) provides guidelines for resource 

17 and information sharing; 

18 ‘‘(iv) provides technical assistance to 

19 the affected agencies to establish effective 

20 and permanent interagency communication 

21 and coordination; and 

22 ‘‘(v) determines whether collaboration 

23 is feasible, cost-effective, and within agency 

24 capability.’’; and 
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1 (iii) by striking paragraph (3) and in2 serting the following: 

3 ‘‘(3) APPOINTMENT OF EMPLOYEES.—The Ad4 ministrator of the Substance Abuse and Mental 

5 Health Services Administration shall appoint such 

6 employees to work in the Office, and shall provide 

7 such funding, services, and equipment, as may be nec8 essary to enable the Office to carry out the respon9 sibilities under this subsection.’’; and 

10 (C) in subsection (c)— 

11 (i) by striking ‘‘of Alcohol and Sub12 stance Abuse’’ each place it appears; 

13 (ii) in paragraph (1), in the second 

14 sentence, by striking ‘‘The Assistant Sec15 retary of the Interior for Indian Affairs’’ 

16 and inserting ‘‘The Administrator of the 

17 Substance Abuse and Mental Health Serv18 ices Administration’’; and 

19 (iii) in paragraph (3)— 

20 (I) in the matter preceding sub21 paragraph (A), by striking ‘‘Youth’’ 

22 and inserting ‘‘youth’’; and 

23 (II) by striking ‘‘programs of the 

24 Bureau of Indian Affairs’’ and insert25 ing ‘‘the applicable Federal programs’’. 
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1 (4) REVIEW OF PROGRAMS.—Section 4208a(a) of 

2 the Indian Alcohol and Substance Abuse Prevention 

3 and Treatment Act of 1986 (25 U.S.C. 2414a(a)) is 

4 amended in the matter preceding paragraph (1) by 

5 inserting ‘‘, the Attorney General,’’ after ‘‘the Sec6 retary of the Interior’’. 

7 (5) FEDERAL FACILITIES, PROPERTY, AND

8 EQUIPMENT.—Section 4209 of the Indian Alcohol and 

9 Substance Abuse Prevention and Treatment Act of 

10 1986 (25 U.S.C. 2415) is amended— 

11 (A) in subsection (a), by inserting ‘‘, the At12 torney General,’’ after ‘‘the Secretary of the Inte13 rior’’; 

14 (B) in subsection (b)— 

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

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

17 of the Interior’’; 

18 (ii) in the second sentence, by inserting 

19 ‘‘, nor the Attorney General,’’ after ‘‘the 

20 Secretary of the Interior’’; and 

21 (iii) in the third sentence, by inserting 

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

23 Department of the Interior’’; and 
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1 (C) in subsection (c)(1), by inserting ‘‘, the 

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

3 Interior’’. 

4 (6) REVIEW.—Section 4211(a) of the Indian Al5 cohol and Substance Abuse Prevention and Treatment 

6 Act of 1986 (25 U.S.C. 2431(a)) is amended in the 

7 matter preceding paragraph (1) by inserting ‘‘, the 

8 Attorney General,’’ after ‘‘the Secretary of the Inte9 rior’’. 

10 (b) INDIAN EDUCATION PROGRAMS.—Section 4212 of 

11 the Indian Alcohol and Substance Abuse Prevention Act of 

12 1986 (25 U.S.C. 2432) is amended by striking subsection 

13 (a) and inserting the following: 

14 ‘‘(a) SUMMER YOUTH PROGRAMS.— 

15 ‘‘(1) IN GENERAL.—The head of the Indian Alco16 hol and Substance Abuse Program, in coordination 

17 with the Assistant Secretary for Indian Affairs, shall 

18 develop and implement programs in tribal schools 

19 and schools funded by the Bureau of Indian Edu20 cation (subject to the approval of the local school 

21 board or contract school board) to determine the effec22 tiveness of summer youth programs in advancing the 

23 purposes and goals of this Act. 

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

25 and Substance Abuse Program and the Assistant Sec-
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1 retary shall defray all costs associated with the actual 

2 operation and support of the summer youth programs 

3 in a school from funds appropriated to carry out this 

4 subsection. 

5 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

6 There are authorized to be appropriated to carry out 

7 the programs under this subsection $5,000,000 for 

8 each of fiscal years 2011 through 2015.’’. 

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

10 Indian Alcohol and Substance Abuse Prevention and Treat11 ment Act of 1986 (25 U.S.C. 2433(e)) is amended— 

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

13 1993 and such sums as may be necessary for each of 

14 the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, 

15 and 2000.’’ and inserting ‘‘each of fiscal years 2011 

16 through 2015.’’; 

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

18 fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 

19 2000.’’ and inserting ‘‘each of fiscal years 2011 

20 through 2015.’’; and 

21 (3) by indenting paragraphs (4) and (5) appro22 priately. 

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

24 Indian Alcohol and Substance Abuse Prevention and Treat25 ment Act of 1986 (25 U.S.C. 2441(a)) is amended by insert-
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1 ing ‘‘, the Attorney General,’’ after ‘‘the Secretary of the 

2 Interior’’. 

3 (e) ILLEGAL NARCOTICS TRAFFICKING; SOURCE

4 ERADICATION.—Section 4216 of the Indian Alcohol and 

5 Substance Abuse Prevention and Treatment Act of 1986 (25 

6 U.S.C. 2442) is amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (1)— 

9 (i) in subparagraph (A), by striking 

10 the comma at the end and inserting a semi11 colon; 

12 (ii) in subparagraph (B), by striking 

13 ‘‘, and’’ at the end and inserting a semi14 colon; 

15 (iii) in subparagraph (C), by striking 

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

17 and 

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

19 ‘‘(D) the Blackfeet Nation of Montana for 

20 the investigation and control of illegal narcotics 

21 traffic on the Blackfeet Indian Reservation along 

22 the border with Canada.’’; 

23 (B) in paragraph (2), by striking ‘‘United 

24 States Custom Service’’ and inserting ‘‘United 

25 States Customs and Border Protection, the Bu-
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1 reau of Immigration and Customs Enforcement, 

2 and the Drug Enforcement Administration’’; and 

3 (C) by striking paragraph (3) and inserting 

4 the following: 

5 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

6 There is authorized to be appropriated to carry out 

7 this subsection $2,000,000 for each of fiscal years 

8 2011 through 2015.’’; and 

9 (2) in subsection (b)(2), by striking ‘‘for the fis10 cal year 1993 and such sums as may be necessary for 

11 each of the fiscal years 1994, 1995, 1996, 1997, 1998, 

12 1999, and 2000’’ and ‘‘for each of fiscal years 2011 

13 through 2015.’’. 

14 (f) LAW ENFORCEMENT AND JUDICIAL TRAINING.— 

15 Section 4218 of the Indian Alcohol and Substance Abuse 

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

17 is amended— 

18 (1) by striking subsection (a) and inserting the 

19 following: 

20 ‘‘(a) TRAINING PROGRAMS.— 

21 ‘‘(1) IN GENERAL.—The Secretary of the Inte22 rior, in coordination with the Attorney General, the 

23 Administrator of the Drug Enforcement Administra24 tion, and the Director of the Federal Bureau of Inves25 tigation, shall ensure, through the establishment of a 
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1 new training program or by supplementing existing 

2 training programs, that all Bureau of Indian Affairs 

3 and tribal law enforcement and judicial personnel 

4 have access to training regarding— 

5 ‘‘(A) the investigation and prosecution of of6 fenses relating to illegal narcotics; and 

7 ‘‘(B) alcohol and substance abuse prevention 

8 and treatment. 

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

10 provided to Bureau of Indian Affairs or tribal law 

11 enforcement or judicial personnel under paragraph 

12 (1) shall include training in issues relating to youth 

13 alcohol and substance abuse prevention and treat14 ment.’’; and 

15 (2) in subsection (b), by striking ‘‘as may be nec16 essary’’ and all that follows through the end of the 

17 subsection and inserting ‘‘as are necessary for each of 

18 fiscal years 2011 through 2015.’’. 

19 (g) JUVENILE DETENTION CENTERS.—Section 4220 of 

20 the Indian Alcohol and Substance Abuse Prevention and 

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

22 (1) in subsection (a)— 

23 (A) by striking ‘‘The Secretary’’ the first 

24 place it appears and inserting the following: 

25 ‘‘(1) IN GENERAL.—The Secretary’’; 
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1 (B) in the second sentence, by striking ‘‘The 

2 Secretary shall’’ and inserting the following: 

3 ‘‘(2) CONSTRUCTION AND OPERATION.—The Sec4 retary shall’’; and 

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

6 ‘‘(3) DEVELOPMENT OF PLAN.— 

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

8 after the date of enactment of this paragraph, the 

9 Secretary and the Attorney General, in consulta10 tion with tribal leaders and tribal justice offi11 cials, shall develop a long-term plan for the con12 struction, renovation, and operation of Indian 

13 juvenile detention and treatment centers and al14 ternatives to detention for juvenile offenders. 

15 ‘‘(B) COORDINATION.—The plan under sub16 paragraph (A) shall require the Bureau of In17 dian Education and the Indian Health Service 

18 to coordinate with tribal and Bureau of Indian 

19 Affairs juvenile detention centers to provide serv20 ices to those centers.’’; and 

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

22 (A) by striking ‘‘for fiscal year 1993 and 

23 such sums as may be necessary for each of the 

24 fiscal years 1994, 1995, 1996, 1997, 1998, 1999, 

25 and 2000’’ each place it appears and inserting 
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1 ‘‘for each of fiscal years 2011 through 2015’’; 

2 and 

3 (B) by indenting paragraph (2) appro4 priately. 

5 SEC. 402. INDIAN TRIBAL JUSTICE; TECHNICAL AND LEGAL 

6 ASSISTANCE. 

7 (a) INDIAN TRIBAL JUSTICE.— 

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

9 the Indian Tribal Justice Act (25 U.S.C. 3613(b)) is 

10 amended by striking paragraph (2) and inserting the 

11 following: 

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

13 including tribal court judges, prosecutors, public de14 fenders, appointed defense counsel, guardians ad 

15 litem, and court-appointed special advocates for chil16 dren and juveniles;’’. 

17 (2) TRIBAL JUSTICE SYSTEMS.—Section 201 of 

18 the Indian Tribal Justice Act (25 U.S.C. 3621) is 

19 amended— 

20 (A) in subsection (a)— 

21 (i) by striking ‘‘the provisions of sec22 tions 101 and 102 of this Act’’ and insert23 ing ‘‘sections 101 and 102’’; and 
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1 (ii) by striking ‘‘the fiscal years 2000 

2 through 2007’’ and inserting ‘‘fiscal years 

3 2011 through 2015’’; 

4 (B) in subsection (b)— 

5 (i) by striking ‘‘the provisions of sec6 tion 103 of this Act’’ and inserting ‘‘section 

7 103’’; and 

8 (ii) by striking ‘‘the fiscal years 2000 

9 through 2007’’ and inserting ‘‘fiscal years 

10 2011 through 2015’’; 

11 (C) in subsection (c), by striking ‘‘the fiscal 

12 years 2000 through 2007’’ and inserting ‘‘fiscal 

13 years 2011 through 2015’’; and 

14 (D) in subsection (d), by striking ‘‘the fiscal 

15 years 2000 through 2007’’ and inserting ‘‘fiscal 

16 years 2011 through 2015’’. 

17 (b) TECHNICAL AND LEGAL ASSISTANCE.— 

18 (1) TRIBAL CIVIL LEGAL ASSISTANCE GRANTS.— 

19 Section 102 of the Indian Tribal Justice Technical 

20 and Legal Assistance Act of 2000 (25 U.S.C. 3662) is 

21 amended by inserting ‘‘(including guardians ad litem 

22 and court-appointed special advocates for children 

23 and juveniles)’’ after ‘‘civil legal assistance’’. 

24 (2) TRIBAL CRIMINAL LEGAL ASSISTANCE

25 GRANTS.—Section 103 of the Indian Tribal Justice 
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1 Technical and Legal Assistance Act of 2000 (25 

2 U.S.C. 3663) is amended by striking ‘‘criminal legal 

3 assistance to members of Indian tribes and tribal jus4 tice systems’’ and inserting ‘‘defense counsel services 

5 to all defendants in tribal court criminal proceedings 

6 and prosecution and judicial services for tribal 

7 courts’’. 

8 (3) FUNDING.—The Indian Tribal Justice Tech9 nical and Legal Assistance Act of 2000 is amended— 

10 (A) in section 107 (as redesignated by sec11 tion 104(a)(2)(A)), by striking ‘‘2000 through 

12 2004’’ and inserting ‘‘2011 through 2015’’; and 

13 (B) in section 201(d) (25 U.S.C. 3681(d)), 

14 by striking ‘‘2000 through 2004’’ and inserting 

15 ‘‘2011 through 2015’’. 

16 SEC. 403. TRIBAL RESOURCES GRANT PROGRAM. 

17 Section 1701 of the Omnibus Crime Control and Safe 

18 Streets Act of 1968 (42 U.S.C. 3796dd) is amended— 

19 (1) in subsection (b)— 

20 (A) in each of paragraphs (1) through (4) 

21 and (6) through (17), by inserting ‘‘to’’ after the 

22 paragraph designation; 

23 (B) in paragraph (1), by striking ‘‘State 

24 and’’ and inserting ‘‘State, tribal, or’’; 
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1 (C) in paragraphs (9) and (10), by insert2 ing ‘‘, tribal,’’ after ‘‘State’’ each place it ap3 pears; 

4 (D) in paragraph (15)— 

5 (i) by striking ‘‘a State in’’ and insert6 ing ‘‘a State or Indian tribe in’’; 

7 (ii) by striking ‘‘the State which’’ and 

8 inserting ‘‘the State or tribal community 

9 that’’; and 

10 (iii) by striking ‘‘a State or’’ and in11 serting ‘‘a State, tribal, or’’; 

12 (E) in paragraph (16), by striking ‘‘and’’ 

13 at the end 

14 (F) in paragraph (17), by striking the pe15 riod at the end and inserting ‘‘; and’’; 

16 (G) by redesignating paragraphs (6) 

17 through (17) as paragraphs (5) through (16), re18 spectively; and 

19 (H) by adding at the end the following: 

20 ‘‘(17) to permit tribal governments receiving di21 rect law enforcement services from the Bureau of In22 dian Affairs to access the program under this section 

23 for use in accordance with paragraphs (1) through 

24 (16).’’. 
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1 (2) in subsection (i), by striking ‘‘The authority’’ 

2 and inserting ‘‘Except as provided in subsection (j), 

3 the authority’’; and 

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

5 ‘‘(j) GRANTS TO INDIAN TRIBES.— 

6 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

7 (i) and section 1703, and in acknowledgment of the 

8 Federal nexus and distinct Federal responsibility to 

9 address and prevent crime in Indian country, the At10 torney General shall provide grants under this section 

11 to Indian tribal governments, for fiscal year 2011 

12 and any fiscal year thereafter, for such period as the 

13 Attorney General determines to be appropriate to as14 sist the Indian tribal governments in carrying out the 

15 purposes described in subsection (b). 

16 ‘‘(2) PRIORITY OF FUNDING.—In providing 

17 grants to Indian tribal governments under this sub18 section, the Attorney General shall take into consider19 ation reservation crime rates and tribal law enforce20 ment staffing needs of each Indian tribal government. 

21 ‘‘(3) FEDERAL SHARE.—Because of the Federal 

22 nature and responsibility for providing public safety 

23 on Indian land, the Federal share of the cost of any 

24 activity carried out using a grant under this sub25 section— 
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1 ‘‘(A) shall be 100 percent; and 

2 ‘‘(B) may be used to cover indirect costs. 

3 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

4 There is authorized to be appropriated to carry out 

5 this subsection $40,000,000 for each of fiscal years 

6 2011 through 2015. 

7 ‘‘(k) REPORT.—Not later than 180 days after the date 

8 of enactment of this subsection, the Attorney General shall 

9 submit to Congress a report describing the extent and effec10 tiveness of the Community Oriented Policing (COPS) ini11 tiative as applied in Indian country, including particular 

12 references to— 

13 ‘‘(1) the problem of intermittent funding; 

14 ‘‘(2) the integration of COPS personnel with ex15 isting law enforcement authorities; and 

16 ‘‘(3) an explanation of how the practice of com17 munity policing and the broken windows theory can 

18 most effectively be applied in remote tribal loca19 tions.’’. 

20 SEC. 404. TRIBAL JAILS PROGRAM. 

21 (a) IN GENERAL.—Section 20109 of the Violent Crime 

22 Control and Law Enforcement Act of 1994 (42 U.S.C. 

23 13709) is amended by striking subsection (a) and inserting 

24 the following: 
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1 ‘‘(a) RESERVATION OF FUNDS.—Notwithstanding any 

2 other provision of this part, of amounts made available to 

3 the Attorney General to carry out programs relating to of4 fender incarceration, the Attorney General shall reserve 

5 $35,000,000 for each of fiscal years 2011 through 2015 to 

6 carry out this section.’’. 

7 (b) REGIONAL DETENTION CENTERS.— 

8 (1) IN GENERAL.—Section 20109 of the Violent 

9 Crime Control and Law Enforcement Act of 1994 (42 

10 U.S.C. 13709) is amended by striking subsection (b) 

11 and inserting the following: 

12 ‘‘(b) GRANTS TO INDIAN TRIBES.— 

13 ‘‘(1) IN GENERAL.—From the amounts reserved 

14 under subsection (a), the Attorney General shall pro15 vide grants— 

16 ‘‘(A) to Indian tribes for purposes of— 

17 ‘‘(i) construction and maintenance of 

18 jails on Indian land for the incarceration of 

19 offenders subject to tribal jurisdiction; 

20 ‘‘(ii) entering into contracts with pri21 vate entities to increase the efficiency of the 

22 construction of tribal jails; and 

23 ‘‘(iii) developing and implementing al24 ternatives to incarceration in tribal jails; 
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1 ‘‘(B) to Indian tribes for the construction of 

2 tribal justice centers that combine tribal police, 

3 courts, and corrections services to address viola4 tions of tribal civil and criminal laws; 

5 ‘‘(C) to consortia of Indian tribes for pur6 poses of constructing and operating regional de7 tention centers on Indian land for long-term in8 carceration of offenders subject to tribal jurisdic9 tion, as the applicable consortium determines to 

10 be appropriate. 

11 ‘‘(2) PRIORITY OF FUNDING.—in providing 

12 grants under this subsection, the Attorney General 

13 shall take into consideration applicable— 

14 ‘‘(A) reservation crime rates; 

15 ‘‘(B) annual tribal court convictions; and 

16 ‘‘(C) bed space needs. 

17 ‘‘(3) FEDERAL SHARE.—Because of the Federal 

18 nature and responsibility for providing public safety 

19 on Indian land, the Federal share of the cost of any 

20 activity carried out using a grant under this sub21 section shall be 100 percent.’’. 

22 (2) CONFORMING AMENDMENT.—Section 

23 20109(c) of the Violent Crime Control and Law En24 forcement Act of 1994 (42 U.S.C. 13709(c)) is amend-
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1 ed by inserting ‘‘or consortium of Indian tribes, as 

2 applicable,’’ after ‘‘Indian tribe’’. 

3 (3) LONG-TERM PLAN.—Section 20109 of the 

4 Violent Crime Control and Law Enforcement Act of 

5 1994 (42 U.S.C. 13709) is amended by adding at the 

6 end the following: 

7 ‘‘(d) LONG-TERM PLAN.—Not later than 1 year after 

8 the date of enactment of this subsection, the Attorney Gen9 eral, in coordination with the Bureau of Indian Affairs and 

10 in consultation with tribal leaders, tribal law enforcement 

11 officers, and tribal corrections officials, shall submit to Con12 gress a long-term plan to address incarceration in Indian 

13 country, including— 

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

15 ‘‘(A) construction, operation, and mainte16 nance of juvenile (in accordance with section 

17 4220(a)(3) of the Indian Alcohol and Substance 

18 Abuse Prevention and Treatment Act of 1986 (25 

19 U.S.C. 2453(a)(3)) and adult detention facilities 

20 (including regional facilities) in Indian country; 

21 ‘‘(B) contracting with State and local de22 tention centers, on approval of the affected tribal 

23 governments; and 

24 ‘‘(C) alternatives to incarceration, developed 

25 in cooperation with tribal court systems; 
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1 ‘‘(2) an assessment and consideration of the con2 struction of Federal detention facilities in Indian 

3 country; and 

4 ‘‘(3) any other alternatives as the Attorney Gen5 eral, in coordination with the Bureau of Indian Af6 fairs and in consultation with Indian tribes, deter7 mines to be necessary.’’. 

8 SEC. 405. TRIBAL PROBATION OFFICE LIAISON PROGRAM. 

9 Title II of the Indian Tribal Justice Technical and 

10 Legal Assistance Act of 2000 (25 U.S.C. 3681 et seq.) is 

11 amended by adding at the end the following: 

12 ‘‘SEC. 203. ASSISTANT PROBATION OFFICERS. 

13 ‘‘To the maximum extent practicable, the chief judge 

14 or chief probation or pretrial services officer of each judicial 

15 district, in coordination with the Office of Tribal Justice 

16 and the Office of Justice Services, shall— 

17 ‘‘(1) appoint individuals residing in Indian 

18 country to serve as probation or pretrial services offi19 cers or assistants for purposes of monitoring and pro20 viding services to Federal prisoners residing in In21 dian country; and 

22 ‘‘(2) provide substance abuse, mental health, and 

23 other related treatment services to offenders residing 

24 on Indian land.’’. 
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1 SEC. 406. TRIBAL YOUTH PROGRAM. 

2 (a) INCENTIVE GRANTS FOR LOCAL DELINQUENCY

3 PREVENTION PROGRAMS.—Section 504 of the Juvenile Jus4 tice and Delinquency Prevention Act of 1974 (42 U.S.C. 

5 5783) is amended— 

6 (1) in subsection (a), by inserting ‘‘, or to feder7 ally recognized Indian tribe or consortia of federally 

8 recognized Indian tribes under subsection (d)’’ after 

9 ‘‘subsection (b)’’; and 

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

11 ‘‘(d) GRANTS FOR TRIBAL DELINQUENCY PREVENTION

12 AND RESPONSE PROGRAMS.— 

13 ‘‘(1) IN GENERAL.—The Administrator shall 

14 make grants under this section, on a competitive 

15 basis, to eligible Indian tribes or consortia of Indian 

16 tribes, as described in paragraph (2)— 

17 ‘‘(A) to support and enhance— 

18 ‘‘(i) tribal juvenile delinquency preven19 tion services; and 

20 ‘‘(ii) the ability of Indian tribes to re21 spond to, and care for, juvenile offenders; 

22 and 

23 ‘‘(B) to encourage accountability of Indian 

24 tribal governments with respect to preventing ju25 venile delinquency and responding to, and car26 ing for, juvenile offenders. 
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1 ‘‘(2) ELIGIBLE INDIAN TRIBES.—To be eligible to 

2 receive a grant under this subsection, an Indian tribe 

3 or consortium of Indian tribes shall submit to the Ad4 ministrator an application in such form and con5 taining such information as the Administrator may 

6 require. 

7 ‘‘(3) CONSIDERATIONS.—In providing grants 

8 under this subsection, the Administrator shall take 

9 into consideration, with respect to the Indian tribe to 

10 be served, the— 

11 ‘‘(A) juvenile crime rates; 

12 ‘‘(B) dropout rates; and 

13 ‘‘(C) number of at-risk youth. 

14 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

15 There is authorized to be appropriated $25,000,000 

16 for each of fiscal years 2011 through 2015.’’. 

17 (b) COORDINATING COUNCIL ON JUVENILE JUSTICE

18 AND DELINQUENCY PREVENTION.—Section 206(a)(2) of the 

19 Juvenile Justice and Delinquency Prevention Act of 1974 

20 (42 U.S.C. 5616(a)(2)) is amended— 

21 (1) in subparagraph (A), by striking ‘‘Nine’’ and 

22 inserting ‘‘Ten’’; and 

23 (2) in subparagraph (B), by adding at the end 

24 the following: 
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1 ‘‘(iv) One member shall be appointed 

2 by the Chairman of the Committee on In3 dian Affairs of the Senate, in consultation 

4 with the Vice Chairman of that Committee 

5 and the Chairman and Ranking Member of 

6 the Committee on Natural Resources of the 

7 House of Representatives.’’. 

8 SEC. 407. IMPROVING PUBLIC SAFETY PRESENCE IN RURAL 

9 ALASKA. 

10 (a) DEFINITIONS.—In this section: 

11 (1) STATE.— 

12 (A) IN GENERAL.—The term ‘‘State’’ means 

13 the State of Alaska. 

14 (B) INCLUSION.—The term ‘‘State’’ includes 

15 any political subdivision of the State of Alaska. 

16 (2) VILLAGE PUBLIC SAFETY OFFICER.—The 

17 term ‘‘village public safety officer’’ means an indi18 vidual employed as a village public safety officer 

19 under the program established by the State pursuant 

20 to Alaska Statute 18.65.670. 

21 (3) TRIBAL ORGANIZATION.—The term ‘‘tribal 

22 organization’’ has the meaning given that term in 

23 section 4 of the Indian Self-Determination and Edu24 cational Assistance Act (25 U.S.C. 450b(l)). 
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1 (b) COPS GRANTS.—The State and any Indian tribe 

2 or tribal organization in the State that employs a village 

3 public safety officer shall be eligible to apply for a grant 

4 under section 1701 of the Omnibus Crime Control and Safe 

5 Streets Act of 1968 (42 U.S.C. 3796dd) (provided that only 

6 an Indian tribe or tribal organization may receive a grant 

7 under the tribal resources grant program under subsection 

8 (j) of that section) on an equal basis with other eligible ap9 plicants for funding under that section. 

10 (c) STAFFING FOR ADEQUATE FIRE AND EMERGENCY

11 RESPONSE GRANTS.—The State and any Indian tribe or 

12 tribal organization in the State that employs a village pub13 lic safety officer shall be eligible to apply for a grant under 

14 the Staffing for Adequate Fire and Emergency Response 

15 program under section 34 of the Federal Fire Prevention 

16 and Control Act of 1974 (15 U.S.C. 2229a) on an equal 

17 basis with other eligible applicants for funding under that 

18 program. 

19 (d) TRAINING FOR VILLAGE PUBLIC SAFETY OFFICERS

20 AND TRIBAL LAW ENFORCEMENT POSITIONS FUNDED

21 UNDER COPS PROGRAM.— 

22 (1) IN GENERAL.—Any village public safety offi23 cer or tribal law enforcement officer in the State shall 

24 be eligible to participate in any training program of-
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1 fered at the Indian Police Academy of the Federal 

2 Law Enforcement Training Center. 

3 (2) FUNDING.—Funding received pursuant to 

4 grants approved under section 1701 of the Omnibus 

5 Crime Control and Safe Streets Act of 1968 (42 

6 U.S.C. 3796dd) may be used for training of officers 

7 at programs described in paragraph (1) or at a police 

8 academy in the State certified by the Alaska Police 

9 Standards Council. 

10 (e) FUNDS FOR COURTS OF LAW ENFORCEMENT OFFI11 CERS.—Section 112(a) of the Consolidated Appropriations 

12 Act, 2004 (Public Law 108–199; 118 Stat. 62) is amend13 ed— 

14 (1) by striking paragraph (1); 

15 (2) by redesignating subparagraphs (A) and (B) 

16 of paragraph (2) as paragraphs (1) and (2), respec17 tively, and indenting appropriately; and 

18 (3) by redesignating clauses (i) through (iv) of 

19 paragraph (2) (as so redesignated) as subparagraphs 

20 (A) through (D), respectively, and indenting appro21 priately. 
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1 TITLE V—INDIAN COUNTRY 

2 CRIME DATA COLLECTION 

3 AND INFORMATION SHARING 

4 SEC. 501. TRACKING OF CRIMES COMMITTED IN INDIAN 

5 COUNTRY. 

6 (a) GANG VIOLENCE.—Section 1107 of the Violence 

7 Against Women and Department of Justice Reauthorization 

8 Act of 2005 (28 U.S.C. 534 note; Public Law 109–162) is 

9 amended— 

10 (1) in subsection (a)— 

11 (A) by redesignating paragraphs (8) 

12 through (12) as paragraphs (9) through (13), re13 spectively; 

14 (B) by inserting after paragraph (7) the fol15 lowing: 

16 ‘‘(8) the Office of Justice Services of the Bureau 

17 of Indian Affairs;’’; 

18 (C) in paragraph (9) (as redesignated by 

19 subparagraph (A)), by striking ‘‘State’’ and in20 serting ‘‘tribal, State,’’; and 

21 (D) in paragraphs (10) through (12) (as re22 designated by subparagraph (A)), by inserting 

23 ‘‘tribal,’’ before ‘‘State,’’ each place it appears; 

24 and 
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1 (2) in subsection (b), by inserting ‘‘tribal,’’ before 

2 ‘‘State,’’ each place it appears. 

3 (b) BUREAU OF JUSTICE STATISTICS.—Section 302 of 

4 the Omnibus Crime Control and Safe Streets Act of 1968 

5 (42 U.S.C. 3732) is amended— 

6 (1) in subsection (c)— 

7 (A) in each of paragraphs (3) through (6), 

8 by inserting ‘‘tribal,’’ after ‘‘State,’’ each place it 

9 appears; 

10 (B) in paragraph (7), by inserting ‘‘and in 

11 Indian country’’ after ‘‘States’’; 

12 (C) in paragraph (9), by striking ‘‘Federal 

13 and State Governments’’ and inserting ‘‘Federal 

14 Government and State and tribal governments’’; 

15 (D) in each of paragraphs (10) and (11), by 

16 inserting ‘‘, tribal,’’ after ‘‘State’’ each place it 

17 appears; 

18 (E) in paragraph (13), by inserting ‘‘, In19 dian tribes,’’ after ‘‘States’’; 

20 (F) in paragraph (17)— 

21 (i) by striking ‘‘State and local’’ and 

22 inserting ‘‘State, tribal, and local’’; and 

23 (ii) by striking ‘‘State, and local’’ and 

24 inserting ‘‘State, tribal, and local’’; 
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1 (G) in paragraph (18), by striking ‘‘State 

2 and local’’ and inserting ‘‘State, tribal, and 

3 local’’; 

4 (H) in paragraph (19), by inserting ‘‘and 

5 tribal’’ after ‘‘State’’ each place it appears; 

6 (I) in paragraph (20), by inserting ‘‘, trib7 al,’’ after ‘‘State’’; and 

8 (J) in paragraph (22), by inserting ‘‘, trib9 al,’’ after ‘‘Federal’’; 

10 (2) in subsection (d)— 

11 (A) by redesignating paragraphs (1) 

12 through (6) as subparagraphs (A) through (F), 

13 respectively, and indenting the subparagraphs 

14 appropriately; 

15 (B) by striking ‘‘To insure’’ and inserting 

16 the following: 

17 ‘‘(1) IN GENERAL.—To ensure’’; and 

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

19 ‘‘(2) CONSULTATION WITH INDIAN TRIBES.—The 

20 Director, acting jointly with the Assistant Secretary 

21 for Indian Affairs (acting through the Office of Jus22 tice Services) and the Director of the Federal Bureau 

23 of Investigation, shall work with Indian tribes and 

24 tribal law enforcement agencies to establish and im25 plement such tribal data collection systems as the Di-
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1 rector determines to be necessary to achieve the pur2 poses of this section.’’; 

3 (3) in subsection (e), by striking ‘‘subsection 

4 (d)(3)’’ and inserting ‘‘subsection (d)(1)(C)’’; 

5 (4) in subsection (f)— 

6 (A) in the subsection heading, by inserting 

7 ‘‘, Tribal,’’ after ‘‘State’’; and 

8 (B) by inserting ‘‘, tribal,’’ after ‘‘State’’; 

9 and 

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

11 ‘‘(g) REPORTS.—Not later than 1 year after the date 

12 of enactment of this subsection, and annually thereafter, the 

13 Director shall submit to Congress a report describing the 

14 data collected and analyzed under this section relating to 

15 crimes in Indian country.’’. 

16 (c) EFFECT OF GRANTS.—Nothing in this section or 

17 any amendment made by this section— 

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

19 an entity for law enforcement activities that the enti20 ty lacks jurisdiction to perform; or 

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

22 or deny a grant of funds to a federally recognized In23 dian tribe for the purposes described in the relevant 

24 grant program. 
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1 SEC. 502. CRIMINAL HISTORY RECORD IMPROVEMENT PRO2 GRAM. 

3 (a) IN GENERAL.—Section 1301(a) of the Omnibus 

4 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

5 3796h(a)) is amended by inserting ‘‘, tribal,’’ after ‘‘State’’. 

6 (b) EFFECT OF GRANTS.—Nothing in this section or 

7 any amendment made by this section— 

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

9 an entity for law enforcement activities that the enti10 ty lacks jurisdiction to perform; or 

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

12 or deny a grant of funds to a federally recognized In13 dian tribe for the purposes described in the relevant 

14 grant program. 

15 TITLE VI—DOMESTIC VIOLENCE 

16 AND SEXUAL ASSAULT PROS17 ECUTION AND PREVENTION 

18 SEC. 601. PRISONER RELEASE AND REENTRY. 

19 (a) DUTIES OF BUREAU OF PRISONS.—Section 4042 

20 of title 18, United States Code, is amended— 

21 (1) in subsection (a)(4), by inserting ‘‘, tribal,’’ 

22 after ‘‘State’’; 

23 (2) in subsection (b)(1), in the first sentence, by 

24 striking ‘‘officer of the State and of the local jurisdic25 tion’’ and inserting ‘‘officers of each State, tribal, and 

26 local jurisdiction’’; and 
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1 (3) in subsection (c)(1)— 

2 (A) in subparagraph (A), by striking ‘‘offi3 cer of the State and of the local jurisdiction’’ and 

4 inserting ‘‘officer of each State, tribal, and local 

5 jurisdiction’’; and 

6 (B) in subparagraph (B), by inserting ‘‘, 

7 tribal,’’ after ‘‘State’’ each place it appears. 

8 (b) AUTHORITY OF INSTITUTE; TIME; RECORDS OF

9 RECIPIENTS; ACCESS; SCOPE OF SECTION.—Section 

10 4352(a) of title 18, United States Code, is amended— 

11 (1) in paragraphs (1), (3), (4), and (8), by in12 serting ‘‘tribal,’’ after ‘‘State,’’ each place it appears; 

13 (2) in paragraph (6)— 

14 (A) by inserting ‘‘and tribal communities,’’ 

15 after ‘‘States’’; and 

16 (B) by inserting ‘‘, tribal,’’ after ‘‘State’’; 

17 and 

18 (3) in paragraph (12) by inserting ‘‘, tribal,’’ 

19 after ‘‘State’’. 

20 SEC. 602. DOMESTIC AND SEXUAL VIOLENCE OFFENSE 

21 TRAINING. 

22 Section 3(c)(9) of the Indian Law Enforcement Reform 

23 Act (25 U.S.C. 2802(c)(9)) (as amended by section 

24 101(a)(2)) is amended by inserting before the semicolon at 

25 the end the following: ‘‘, including training to properly 
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1 interview victims of domestic and sexual violence and to 

2 collect, preserve, and present evidence to Federal and tribal 

3 prosecutors to increase the conviction rate for domestic and 

4 sexual violence offenses for purposes of addressing and pre5 venting domestic and sexual violent offenses’’. 

6 SEC. 603. TESTIMONY BY FEDERAL EMPLOYEES. 

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

8 2801 et seq.) (as amended by section 305) is amended by 

9 adding at the end the following: 

10 ‘‘SEC. 16. TESTIMONY BY FEDERAL EMPLOYEES. 

11 ‘‘(a) APPROVAL OF EMPLOYEE TESTIMONY OR DOCU12 MENTS.— 

13 ‘‘(1) IN GENERAL.—The Director of the Office of 

14 Justice Services or the Director of the Indian Health 

15 Service, as appropriate (referred to in this section as 

16 the ‘Director concerned’), shall approve or disapprove, 

17 in writing, any request or subpoena from a tribal or 

18 State court for a law enforcement officer, sexual as19 sault nurse examiner, or other employee under the su20 pervision of the Director concerned to provide docu21 ments or testimony in a deposition, trial, or other 

22 similar criminal proceeding regarding information 

23 obtained in carrying out the official duties of the em24 ployee. 
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1 ‘‘(2) DEADLINE.—The court issuing a subpoena 

2 under paragraph (1) shall provide to the appropriate 

3 Federal employee (or agency in the case of a docu4 ment request) notice regarding the request to provide 

5 testimony (or release a document) by not less than 30 

6 days before the date on which the testimony will be 

7 provided. 

8 ‘‘(b) APPROVAL.— 

9 ‘‘(1) IN GENERAL.—The Director concerned shall 

10 approve a request or subpoena under subsection (a) if 

11 the request or subpoena does not violate the policy of 

12 the Department to maintain impartiality. 

13 ‘‘(2) FAILURE TO APPROVE.—If the Director con14 cerned fails to approve or disapprove a request or 

15 subpoena for testimony or release of a document by 

16 the date that is 30 days after the date of receipt of 

17 notice of the request or subpoena, the request or sub18 poena shall be considered to be approved for purposes 

19 of this section.’’. 

20 SEC. 604. COORDINATION OF FEDERAL AGENCIES. 

21 Any report of the Secretary of Health and Human 

22 Services to Congress on the development of Indian victim 

23 services and victim advocate training programs shall in24 clude any recommendations that the Secretary determines 
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1 to be necessary to prevent the sex trafficking of Indian 

2 women. 

3 SEC. 605. SEXUAL ASSAULT PROTOCOL. 

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

5 2801 et seq.) (as amended by section 603) is amended by 

6 adding at the end the following: 

7 ‘‘SEC. 17. POLICIES AND PROTOCOL. 

8 ‘‘The Director of the Indian Health Service, in coordi9 nation with the Director of the Office of Justice Services 

10 and the Director of the Office on Violence Against Women 

11 of the Department of Justice, in consultation with Indian 

12 Tribes and Tribal Organizations, and in conference with 

13 Urban Indian Organizations, shall develop standardized 

14 sexual assault policies and protocol for the facilities of the 

15 Service, based on similar protocol that has been established 

16 by the Department of Justice.’’. 

17 SEC. 606. STUDY OF IHS SEXUAL ASSAULT AND DOMESTIC 

18 VIOLENCE RESPONSE CAPABILITIES. 

19 (a) STUDY.—The Comptroller General of the United 

20 States shall— 

21 (1) conduct a study of the capability of Indian 

22 Health Service facilities in remote Indian reserva23 tions and Alaska Native villages, including facilities 

24 operated pursuant to contracts or compacts under the 

25 Indian Self-Determination and Education Assistance 
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1 Act (25 U.S.C. 450b et seq.), to collect, maintain, and 

2 secure evidence of sexual assaults and domestic vio3 lence incidents required for criminal prosecution; and 

4 (2) develop recommendations for improving those 

5 capabilities. 

6 (b) REPORT.—Not later than 1 year after the date of 

7 enactment of this Act, the Comptroller General shall submit 

8 to the Committee on Indian Affairs of the Senate and the 

9 Committee on Natural Resources of the House of Represent10 atives a report describing the results of the study under sub11 section (a), including the recommendations developed under 

12 that subsection, if any. 

Attest: 

Secretary. 
111TH CONGRESS 

2D SESSION H.R. 725 

AMENDMENT