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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 725 Enrolled Bill (ENR)]

        H.R.725

                      One Hundred Eleventh Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten

                                 An Act

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

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

               TITLE I--INDIAN ARTS AND CRAFTS AMENDMENTS

    SEC. 101. SHORT TITLE; TABLE OF CONTENTS.
    (a) Short Title.--This title may be cited as the ``Indian Arts and 
Crafts Amendments Act of 2010''.
    (b) Table of Contents.--The table of contents of this title is as 
follows:

Sec. 101. Short title; table of contents.
Sec. 102. Indian arts and crafts.
Sec. 103. Misrepresentation of Indian produced goods and products.
    SEC. 102. INDIAN ARTS AND CRAFTS.
    (a) Criminal Proceedings; Civil Actions; Misrepresentations.--
Section 5 of the Act entitled ``An Act to promote the development of 
Indian arts and crafts and to create a board to assist therein, and for 
other purposes'' (25 U.S.C. 305d) is amended to read as follows:
``SEC. 5. CRIMINAL PROCEEDINGS; CIVIL ACTIONS.
    ``(a) Definition of Federal Law Enforcement Officer.--In this 
section, the term `Federal law enforcement officer' includes a Federal 
law enforcement officer (as defined in section 115(c) of title 18, 
United States Code).
    ``(b) Authority To Conduct Investigations.--Any Federal law 
enforcement officer shall have the authority to conduct an 
investigation relating to an alleged violation of this Act occurring 
within the jurisdiction of the United States.
    ``(c) Criminal Proceedings.--
        ``(1) Investigation.--
            ``(A) In general.--The Board may refer an alleged violation 
        of section 1159 of title 18, United States Code, to any Federal 
        law enforcement officer for appropriate investigation.
            ``(B) Referral not required.--A Federal law enforcement 
        officer may investigate an alleged violation of section 1159 of 
        that title regardless of whether the Federal law enforcement 
        officer receives a referral under subparagraph (A).
        ``(2) Findings.--The findings of an investigation of an alleged 
    violation of section 1159 of title 18, United States Code, by any 
    Federal department or agency under paragraph (1)(A) shall be 
    submitted, as appropriate, to--
            ``(A) a Federal or State prosecuting authority; or
            ``(B) the Board.
        ``(3) Recommendations.--On receiving the findings of an 
    investigation under paragraph (2), the Board may--
            ``(A) recommend to the Attorney General that criminal 
        proceedings be initiated under section 1159 of title 18, United 
        States Code; and
            ``(B) provide such support to the Attorney General relating 
        to the criminal proceedings as the Attorney General determines 
        to be appropriate.
    ``(d) Civil Actions.--In lieu of, or in addition to, any criminal 
proceeding under subsection (c), the Board may recommend that the 
Attorney General initiate a civil action under section 6.''.
    (b) Cause of Action for Misrepresentation.--Section 6 of the Act 
entitled ``An Act to promote the development of Indian arts and crafts 
and to create a board to assist therein, and for other purposes'' (25 
U.S.C. 305e) is amended--
        (1) by striking subsection (d);
        (2) by redesignating subsections (a) through (c) as subsections 
    (b) through (d), respectively;
        (3) by inserting before subsection (b) (as redesignated by 
    paragraph (2)) the following:
    ``(a) Definitions.--In this section:
        ``(1) Indian.--The term `Indian' means an individual that--
            ``(A) is a member of an Indian tribe; or
            ``(B) is certified as an Indian artisan by an Indian tribe.
        ``(2) Indian product.--The term `Indian product' has the 
    meaning given the term in any regulation promulgated by the 
    Secretary.
        ``(3) Indian tribe.--
            ``(A) In general.--The term `Indian tribe' has the meaning 
        given the term in section 4 of the Indian Self-Determination 
        and Education Assistance Act (25 U.S.C. 450b).
            ``(B) Inclusion.--The term `Indian tribe' includes, for 
        purposes of this section only, an Indian group that has been 
        formally recognized as an Indian tribe by--
                ``(i) a State legislature;
                ``(ii) a State commission; or
                ``(iii) another similar organization vested with State 
            legislative tribal recognition authority.
        ``(4) Secretary.--The term `Secretary' means the Secretary of 
    the Interior.'';
        (4) in subsection (b) (as redesignated by paragraph (2)), by 
    striking ``subsection (c)'' and inserting ``subsection (d)'';
        (5) in subsection (c) (as redesignated by paragraph (2))--
            (A) by striking ``subsection (a)'' and inserting 
        ``subsection (b)''; and
            (B) by striking ``suit'' and inserting ``the civil 
        action'';
        (6) by striking subsection (d) (as redesignated by paragraph 
    (2)) and inserting the following:
    ``(d) Persons That May Initiate Civil Actions.--
        ``(1) In general.--A civil action under subsection (b) may be 
    initiated by--
            ``(A) the Attorney General, at the request of the Secretary 
        acting on behalf of--
                ``(i) an Indian tribe;
                ``(ii) an Indian; or
                ``(iii) an Indian arts and crafts organization;
            ``(B) an Indian tribe, acting on behalf of--
                ``(i) the Indian tribe;
                ``(ii) a member of that Indian tribe; or
                ``(iii) an Indian arts and crafts organization;
            ``(C) an Indian; or
            ``(D) an Indian arts and crafts organization.
        ``(2) Disposition of amounts recovered.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        an amount recovered in a civil action under this section shall 
        be paid to the Indian tribe, the Indian, or the Indian arts and 
        crafts organization on the behalf of which the civil action was 
        initiated.
            ``(B) Exceptions.--
                ``(i) Attorney general.--In the case of a civil action 
            initiated under paragraph (1)(A), the Attorney General may 
            deduct from the amount--

                    ``(I) the amount of the cost of the civil action 
                and reasonable attorney's fees awarded under subsection 
                (c), to be deposited in the Treasury and credited to 
                appropriations available to the Attorney General on the 
                date on which the amount is recovered; and
                    ``(II) the amount of the costs of investigation 
                awarded under subsection (c), to reimburse the Board 
                for the activities of the Board relating to the civil 
                action.

                ``(ii) Indian tribe.--In the case of a civil action 
            initiated under paragraph (1)(B), the Indian tribe may 
            deduct from the amount--

                    ``(I) the amount of the cost of the civil action; 
                and
                    ``(II) reasonable attorney's fees.''; and

        (7) in subsection (e), by striking ``(e) In the event that'' 
    and inserting the following:
    ``(e) Savings Provision.--If''.
    SEC. 103. MISREPRESENTATION OF INDIAN PRODUCED GOODS AND PRODUCTS.
    Section 1159 of title 18, United States Code, is amended--
        (1) by striking subsection (b) and inserting the following:
    ``(b) Penalty.--Any person that knowingly violates subsection (a) 
shall--
        ``(1) in the case of a first violation by that person--
            ``(A) if the applicable goods are offered or displayed for 
        sale at a total price of $1,000 or more, or if the applicable 
        goods are sold for a total price of $1,000 or more--
                ``(i) in the case of an individual, be fined not more 
            than $250,000, imprisoned for not more than 5 years, or 
            both; and
                ``(ii) in the case of a person other than an 
            individual, be fined not more than $1,000,000; and
            ``(B) if the applicable goods are offered or displayed for 
        sale at a total price of less than $1,000, or if the applicable 
        goods are sold for a total price of less than $1,000--
                ``(i) in the case of an individual, be fined not more 
            than $25,000, imprisoned for not more than 1 year, or both; 
            and
                ``(ii) in the case of a person other than an 
            individual, be fined not more than $100,000; and
        ``(2) in the case of a subsequent violation by that person, 
    regardless of the amount for which any good is offered or displayed 
    for sale or sold--
            ``(A) in the case of an individual, be fined under this 
        title, imprisoned for not more than 15 years, or both; and
            ``(B) in the case of a person other than an individual, be 
        fined not more than $5,000,000.''; and
        (2) in subsection (c), by striking paragraph (3) and inserting 
    the following:
        ``(3) the term `Indian tribe'--
            ``(A) has the meaning given the term in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450b); and
            ``(B) includes, for purposes of this section only, an 
        Indian group that has been formally recognized as an Indian 
        tribe by--
                ``(i) a State legislature;
                ``(ii) a State commission; or
                ``(iii) another similar organization vested with State 
            legislative tribal recognition authority; and''.

                     TITLE II--TRIBAL LAW AND ORDER

    SEC. 201. SHORT TITLE; TABLE OF CONTENTS.
    (a) Short Title.--This title may be cited as the ``Tribal Law and 
Order Act of 2010''.
    (b) Table of Contents.--The table of contents of this title is as 
follows:

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

           Subtitle A--Federal Accountability and Coordination

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

            Subtitle B--State Accountability and Coordination

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

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

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

                   Subtitle D--Tribal Justice Systems

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

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

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

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

Sec. 261. Prisoner release and reentry.
Sec. 262. Domestic and sexual violence offense training.
Sec. 263. Testimony by Federal employees.
Sec. 264. Coordination of Federal agencies.
Sec. 265. Sexual assault protocol.
Sec. 266. Study of IHS sexual assault and domestic violence response 
          capabilities.
    SEC. 202. FINDINGS; PURPOSES.
    (a) Findings.--Congress finds that--
        (1) the United States has distinct legal, treaty, and trust 
    obligations to provide for the public safety of Indian country;
        (2) Congress and the President have acknowledged that--
            (A) tribal law enforcement officers are often the first 
        responders to crimes on Indian reservations; and
            (B) tribal justice systems are often the most appropriate 
        institutions for maintaining law and order in Indian country;
        (3) less than 3,000 tribal and Federal law enforcement officers 
    patrol more than 56,000,000 acres of Indian country, which reflects 
    less than \1/2\ of the law enforcement presence in comparable rural 
    communities nationwide;
        (4) the complicated jurisdictional scheme that exists in Indian 
    country--
            (A) has a significant negative impact on the ability to 
        provide public safety to Indian communities;
            (B) has been increasingly exploited by criminals; and
            (C) requires a high degree of commitment and cooperation 
        among tribal, Federal, and State law enforcement officials;
        (5)(A) domestic and sexual violence against American Indian and 
    Alaska Native women has reached epidemic proportions;
        (B) 34 percent of American Indian and Alaska Native women will 
    be raped in their lifetimes; and
        (C) 39 percent of American Indian and Alaska Native women will 
    be subject to domestic violence;
        (6) Indian tribes have faced significant increases in instances 
    of domestic violence, burglary, assault, and child abuse as a 
    direct result of increased methamphetamine use on Indian 
    reservations; and
        (7) crime data is a fundamental tool of law enforcement, but 
    for decades the Bureau of Indian Affairs and the Department of 
    Justice have not been able to coordinate or consistently report 
    crime and prosecution rates in tribal communities.
    (b) Purposes.--The purposes of this title are--
        (1) to clarify the responsibilities of Federal, State, tribal, 
    and local governments with respect to crimes committed in Indian 
    country;
        (2) to increase coordination and communication among Federal, 
    State, tribal, and local law enforcement agencies;
        (3) to empower tribal governments with the authority, 
    resources, and information necessary to safely and effectively 
    provide public safety in Indian country;
        (4) to reduce the prevalence of violent crime in Indian country 
    and to combat sexual and domestic violence against American Indian 
    and Alaska Native women;
        (5) to prevent drug trafficking and reduce rates of alcohol and 
    drug addiction in Indian country; and
        (6) to increase and standardize the collection of criminal data 
    and the sharing of criminal history information among Federal, 
    State, and tribal officials responsible for responding to and 
    investigating crimes in Indian country.
    SEC. 203. DEFINITIONS.
    (a) In General.--In this title:
        (1) Indian country.--The term ``Indian country'' has the 
    meaning given the term in section 1151 of title 18, United States 
    Code.
        (2) Indian tribe.--The term ``Indian tribe'' has the meaning 
    given the term in section 102 of the Federally Recognized Indian 
    Tribe List Act of 1994 (25 U.S.C. 479a).
        (3) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior.
        (4) Tribal government.--The term ``tribal government'' means 
    the governing body of a federally recognized Indian tribe.
    (b) Indian Law Enforcement Reform Act.--Section 2 of the Indian Law 
Enforcement Reform Act (25 U.S.C. 2801) is amended by adding at the end 
the following:
        ``(10) The term `tribal justice official' means--
            ``(A) a tribal prosecutor;
            ``(B) a tribal law enforcement officer; or
            ``(C) any other person responsible for investigating or 
        prosecuting an alleged criminal offense in tribal court.''.
    SEC. 204. SEVERABILITY.
    If any provision of this title, an amendment made by this title, or 
the application of such a provision or amendment to any individual, 
entity, or circumstance, is determined by a court of competent 
jurisdiction to be invalid, the remaining provisions of this title, the 
remaining amendments made by this title, and the application of those 
provisions and amendments to individuals, entities, or circumstances 
other than the affected individual, entity, or circumstance shall not 
be affected.
    SEC. 205. JURISDICTION OF THE STATE OF ALASKA.
    Nothing in this Act limits, alters, expands, or diminishes the 
civil or criminal jurisdiction of the State of Alaska, any subdivision 
of the State of Alaska, or any Indian tribe in that State.
    SEC. 206. EFFECT.
    Nothing in this Act confers on an Indian tribe criminal 
jurisdiction over non-Indians.

          Subtitle A--Federal Accountability and Coordination

    SEC. 211. OFFICE OF JUSTICE SERVICES RESPONSIBILITIES.
    (a) Definitions.--Section 2 of the Indian Law Enforcement Reform 
Act (25 U.S.C. 2801) is amended--
        (1) by striking paragraph (8);
        (2) by redesignating paragraphs (1) through (7) as paragraphs 
    (2) through (8), respectively;
        (3) by redesignating paragraph (9) as paragraph (1) and moving 
    the paragraphs so as to appear in numerical order; and
        (4) in paragraph (1) (as redesignated by paragraph (3)), by 
    striking ``Division of Law Enforcement Services'' and inserting 
    ``Office of Justice Services''.
    (b) Additional Responsibilities of Office.--Section 3 of the Indian 
Law Enforcement Reform Act (25 U.S.C. 2802) is amended--
        (1) in subsection (b), by striking ``(b) There is hereby 
    established within the Bureau a Division of Law Enforcement 
    Services which'' and inserting the following:
    ``(b) Office of Justice Services.--There is established in the 
Bureau an office, to be known as the `Office of Justice Services', 
that'';
        (2) in subsection (c)--
            (A) in the matter preceding paragraph (1), by striking 
        ``Division of Law Enforcement Services'' and inserting ``Office 
        of Justice Services'';
            (B) in paragraph (8), by striking ``and'' at the end;
            (C) in paragraph (9), by striking the period at the end and 
        inserting a semicolon; and
            (D) by adding at the end the following:
        ``(10) the development and provision of dispatch and emergency 
    and E-911 services;
        ``(11) communicating with tribal leaders, tribal community and 
    victims' advocates, tribal justice officials, indigent defense 
    representatives, and residents of Indian country on a regular basis 
    regarding public safety and justice concerns facing tribal 
    communities;
        ``(12) conducting meaningful and timely consultation with 
    tribal leaders and tribal justice officials in the development of 
    regulatory policies and other actions that affect public safety and 
    justice in Indian country;
        ``(13) providing technical assistance and training to tribal 
    law enforcement officials to gain access and input authority to 
    utilize the National Criminal Information Center and other national 
    crime information databases pursuant to section 534 of title 28, 
    United States Code;
        ``(14) in coordination with the Attorney General pursuant to 
    subsection (g) of section 302 of the Omnibus Crime Control and Safe 
    Streets Act of 1968 (42 U.S.C. 3732), collecting, analyzing, and 
    reporting data regarding Indian country crimes on an annual basis;
        ``(15) on an annual basis, sharing with the Department of 
    Justice all relevant crime data, including Uniform Crime Reports, 
    that the Office of Justice Services prepares and receives from 
    tribal law enforcement agencies on a tribe-by-tribe basis to ensure 
    that individual tribal governments providing data are eligible for 
    programs offered by the Department of Justice;
        ``(16) submitting to the appropriate committees of Congress, 
    for each fiscal year, a detailed spending report regarding tribal 
    public safety and justice programs that includes--
            ``(A)(i) the number of full-time employees of the Bureau 
        and tribal governments who serve as--
                ``(I) criminal investigators;
                ``(II) uniform police;
                ``(III) police and emergency dispatchers;
                ``(IV) detention officers;
                ``(V) executive personnel, including special agents in 
            charge, and directors and deputies of various offices in 
            the Office of Justice Services; and
                ``(VI) tribal court judges, prosecutors, public 
            defenders, appointed defense counsel, or related staff; and
            ``(ii) the amount of appropriations obligated for each 
        category described in clause (i) for each fiscal year;
            ``(B) a list of amounts dedicated to law enforcement and 
        corrections, vehicles, related transportation costs, equipment, 
        inmate transportation costs, inmate transfer costs, 
        replacement, improvement, and repair of facilities, personnel 
        transfers, detailees and costs related to their details, 
        emergency events, public safety and justice communications and 
        technology costs, and tribal court personnel, facilities, 
        indigent defense, and related program costs;
            ``(C) a list of the unmet staffing needs of law 
        enforcement, corrections, and court personnel (including 
        indigent defense and prosecution staff) at tribal and Bureau of 
        Indian Affairs justice agencies, the replacement and repair 
        needs of tribal and Bureau corrections facilities, needs for 
        tribal police and court facilities, and public safety and 
        emergency communications and technology needs; and
            ``(D) the formula, priority list or other methodology used 
        to determine the method of disbursement of funds for the public 
        safety and justice programs administered by the Office of 
        Justice Services;
        ``(17) submitting to the appropriate committees of Congress, 
    for each fiscal year, a report summarizing the technical 
    assistance, training, and other support provided to tribal law 
    enforcement and corrections agencies that operate relevant programs 
    pursuant to self-determination contracts or self-governance 
    compacts with the Secretary; and
        ``(18) promulgating regulations to carry out this Act, and 
    routinely reviewing and updating, as necessary, the regulations 
    contained in subchapter B of title 25, Code of Federal Regulations 
    (or successor regulations).'';
        (3) in subsection (d)--
            (A) in paragraph (1), by striking ``Division of Law 
        Enforcement Services'' and inserting ``Office of Justice 
        Services''; and
            (B) in paragraph (4)(i), in the first sentence, by striking 
        ``Division'' and inserting ``Office of Justice Services'';
        (4) in subsection (e), by striking ``Division of Law 
    Enforcement Services'' each place it appears and inserting ``Office 
    of Justice Services''; and
        (5) by adding at the end the following:
    ``(f) Long-term Plan for Tribal Detention Programs.--Not later than 
1 year after the date of enactment of this subsection, the Secretary, 
acting through the Bureau, in coordination with the Department of 
Justice and in consultation with tribal leaders, tribal courts, tribal 
law enforcement officers, and tribal corrections officials, shall 
submit to Congress a long-term plan to address incarceration in Indian 
country, including--
        ``(1) a description of proposed activities for--
            ``(A) the construction, operation, and maintenance of 
        juvenile (in accordance with section 4220(a)(3) of the Indian 
        Alcohol and Substance Abuse Prevention and Treatment Act of 
        1986 (25 U.S.C. 2453(a)(3)) and adult detention facilities 
        (including regional facilities) in Indian country;
            ``(B) contracting with State and local detention centers, 
        upon approval of affected tribal governments; and
            ``(C) alternatives to incarceration, developed in 
        cooperation with tribal court systems;
        ``(2) an assessment and consideration of the construction of 
    Federal detention facilities in Indian country; and
        ``(3) any other alternatives as the Secretary, in coordination 
    with the Attorney General and in consultation with Indian tribes, 
    determines to be necessary.''.
    (c) Law Enforcement Authority.--Section 4 of the Indian Law 
Enforcement Reform Act (25 U.S.C. 2803) is amended--
        (1) in paragraph (2)(A), by striking ``), or'' and inserting 
    ``or offenses processed by the Central Violations Bureau); or''; 
    and
        (2) in paragraph (3)--
            (A) in subparagraph (B), by striking ``, or'' at the end 
        and inserting a semicolon;
            (B) in subparagraphs (B) and (C), by striking ``reasonable 
        grounds'' each place it appears and inserting ``probable 
        cause'';
            (C) in subparagraph (C), by adding ``or'' at the end; and
            (D) by adding at the end the following:
            ``(D)(i) the offense involves--
                ``(I) a misdemeanor controlled substance offense in 
            violation of--

                    ``(aa) the Controlled Substances Act (21 U.S.C. 801 
                et seq.);
                    ``(bb) title IX of the Personal Responsibility and 
                Work Opportunity Reconciliation Act of 1996 (21 U.S.C. 
                862a et seq.); or
                    ``(cc) section 731 of the USA PATRIOT Improvement 
                and Reauthorization Act of 2005 (21 U.S.C. 865);

                ``(II) a misdemeanor firearms offense in violation of 
            chapter 44 of title 18, United States Code;
                ``(III) a misdemeanor assault in violation of chapter 7 
            of title 18, United States Code; or
                ``(IV) a misdemeanor liquor trafficking offense in 
            violation of chapter 59 of title 18, United States Code; 
            and
            ``(ii) the employee has probable cause to believe that the 
        individual to be arrested has committed, or is committing, the 
        crime;''.
    SEC. 212. DISPOSITION REPORTS.
    Section 10 of the Indian Law Enforcement Reform Act (25 U.S.C. 
2809) is amended by striking subsections (a) through (d) and inserting 
the following:
    ``(a) Coordination and Data Collection.--
        ``(1) Investigative coordination.--Subject to subsection (c), 
    if a law enforcement officer or employee of any Federal department 
    or agency terminates an investigation of an alleged violation of 
    Federal criminal law in Indian country without referral for 
    prosecution, the officer or employee shall coordinate with the 
    appropriate tribal law enforcement officials regarding the status 
    of the investigation and the use of evidence relevant to the case 
    in a tribal court with authority over the crime alleged.
        ``(2) Investigation data.--The Federal Bureau of Investigation 
    shall compile, on an annual basis and by Field Division, 
    information regarding decisions not to refer to an appropriate 
    prosecuting authority cases in which investigations had been opened 
    into an alleged crime in Indian country, including--
            ``(A) the types of crimes alleged;
            ``(B) the statuses of the accused as Indians or non-
        Indians;
            ``(C) the statuses of the victims as Indians or non-
        Indians; and
            ``(D) the reasons for deciding against referring the 
        investigation for prosecution.
        ``(3) Prosecutorial coordination.--Subject to subsection (c), 
    if a United States Attorney declines to prosecute, or acts to 
    terminate prosecution of, an alleged violation of Federal criminal 
    law in Indian country, the United States Attorney shall coordinate 
    with the appropriate tribal justice officials regarding the status 
    of the investigation and the use of evidence relevant to the case 
    in a tribal court with authority over the crime alleged.
        ``(4) Prosecution data.--The United States Attorney shall 
    submit to the Native American Issues Coordinator to compile, on an 
    annual basis and by Federal judicial district, information 
    regarding all declinations of alleged violations of Federal 
    criminal law that occurred in Indian country that were referred for 
    prosecution by law enforcement agencies, including--
            ``(A) the types of crimes alleged;
            ``(B) the statuses of the accused as Indians or non-
        Indians;
            ``(C) the statuses of the victims as Indians or non-
        Indians; and
            ``(D) the reasons for deciding to decline or terminate the 
        prosecutions.
    ``(b) Annual Reports.--The Attorney General shall submit to 
Congress annual reports containing, with respect to the applicable 
calendar year, the information compiled under paragraphs (2) and (4) of 
subsection (a)--
        ``(1) organized--
            ``(A) in the aggregate; and
            ``(B)(i) for the Federal Bureau of Investigation, by Field 
        Division; and
            ``(ii) for United States Attorneys, by Federal judicial 
        district; and
        ``(2) including any relevant explanatory statements.
    ``(c) Effect of Section.--
        ``(1) In general.--Nothing in this section requires any Federal 
    agency or official to transfer or disclose any confidential, 
    privileged, or statutorily protected communication, information, or 
    source to an official of any Indian tribe.
        ``(2) Federal rules of criminal procedure.--Nothing in this 
    section affects or limits the requirements of Rule 6 of the Federal 
    Rules of Criminal Procedure.
        ``(3) Regulations.--The Attorney General shall establish, by 
    regulation, standards for the protection of the confidential or 
    privileged communications, information, and sources described in 
    this section.''.
    SEC. 213. PROSECUTION OF CRIMES IN INDIAN COUNTRY.
    (a) Appointment of Special Prosecutors.--
        (1) In general.--Section 543 of title 28, United States Code, 
    is amended--
            (A) in subsection (a), by inserting before the period at 
        the end the following: ``, including the appointment of 
        qualified tribal prosecutors and other qualified attorneys to 
        assist in prosecuting Federal offenses committed in Indian 
        country''; and
            (B) by adding at the end the following:
    ``(c) Indian Country.--In this section, the term `Indian country' 
has the meaning given that term in section 1151 of title 18.''.
        (2) Sense of congress regarding consultation.--It is the sense 
    of Congress that, in appointing attorneys under section 543 of 
    title 28, United States Code, to serve as special prosecutors in 
    Indian country, the Attorney General should consult with tribal 
    justice officials of each Indian tribe that would be affected by 
    the appointment.
    (b) Tribal Liaisons.--
        (1) In general.--The Indian Law Enforcement Reform Act (25 
    U.S.C. 2801 et seq.) is amended by adding at the end the following:
  ``SEC. 13. ASSISTANT UNITED STATES ATTORNEY TRIBAL LIAISONS.
    ``(a) Appointment.--The United States Attorney for each district 
that includes Indian country shall appoint not less than 1 assistant 
United States Attorney to serve as a tribal liaison for the district.
    ``(b) Duties.--The duties of a tribal liaison shall include the 
following:
        ``(1) Coordinating the prosecution of Federal crimes that occur 
    in Indian country.
        ``(2) Developing multidisciplinary teams to combat child abuse 
    and domestic and sexual violence offenses against Indians.
        ``(3) Consulting and coordinating with tribal justice officials 
    and victims' advocates to address any backlog in the prosecution of 
    major crimes in Indian country in the district.
        ``(4) Developing working relationships and maintaining 
    communication with tribal leaders, tribal community and victims' 
    advocates, and tribal justice officials to gather information from, 
    and share appropriate information with, tribal justice officials.
        ``(5) Coordinating with tribal prosecutors in cases in which a 
    tribal government has concurrent jurisdiction over an alleged 
    crime, in advance of the expiration of any applicable statute of 
    limitation.
        ``(6) Providing technical assistance and training regarding 
    evidence gathering techniques and strategies to address victim and 
    witness protection to tribal justice officials and other 
    individuals and entities that are instrumental to responding to 
    Indian country crimes.
        ``(7) Conducting training sessions and seminars to certify 
    special law enforcement commissions to tribal justice officials and 
    other individuals and entities responsible for responding to Indian 
    country crimes.
        ``(8) Coordinating with the Office of Tribal Justice, as 
    necessary.
        ``(9) Conducting such other activities to address and prevent 
    violent crime in Indian country as the applicable United States 
    Attorney determines to be appropriate.
    ``(c) Effect of Section.--Nothing in this section limits the 
authority of any United States Attorney to determine the duties of a 
tribal liaison officer to meet the needs of the Indian tribes located 
within the relevant Federal district.
    ``(d) Enhanced Prosecution of Minor Crimes.--
        ``(1) In general.--Each United States Attorney serving a 
    district that includes Indian country is authorized and 
    encouraged--
            ``(A) to appoint Special Assistant United States Attorneys 
        pursuant to section 543(a) of title 28, United States Code, to 
        prosecute crimes in Indian country as necessary to improve the 
        administration of justice, and particularly when--
                ``(i) the crime rate exceeds the national average crime 
            rate; or
                ``(ii) the rate at which criminal offenses are declined 
            to be prosecuted exceeds the national average declination 
            rate;
            ``(B) to coordinate with applicable United States district 
        courts regarding scheduling of Indian country matters and 
        holding trials or other proceedings in Indian country, as 
        appropriate;
            ``(C) to provide to appointed Special Assistant United 
        States Attorneys appropriate training, supervision, and staff 
        support; and
            ``(D) to provide technical and other assistance to tribal 
        governments and tribal court systems to ensure that the goals 
        of this subsection are achieved.
        ``(2) Sense of congress regarding consultation.--It is the 
    sense of Congress that, in appointing Special Assistant United 
    States Attorneys under this subsection, a United States Attorney 
    should consult with tribal justice officials of each Indian tribe 
    that would be affected by the appointment.''.
        (2) Sense of congress regarding evaluations of tribal 
    liaisons.--
            (A) Findings.--Congress finds that--
                (i) many residents of Indian country rely solely on 
            United States Attorneys offices to prosecute felony and 
            misdemeanor crimes occurring on Indian land; and
                (ii) tribal liaisons have dual obligations of--

                    (I) coordinating prosecutions of Indian country 
                crime; and
                    (II) developing relationships with residents of 
                Indian country and serving as a link between Indian 
                country residents and the Federal justice process.

            (B) Sense of congress.--It is the sense of Congress that 
        the Attorney General should--
                (i) take all appropriate actions to encourage the 
            aggressive prosecution of all Federal crimes committed in 
            Indian country; and
                (ii) when appropriate, take into consideration the dual 
            responsibilities of tribal liaisons described in 
            subparagraph (A)(ii) in evaluating the performance of the 
            tribal liaisons.
    SEC. 214. ADMINISTRATION.
    (a) Office of Tribal Justice.--
        (1) Definitions.--Section 4 of the Indian Tribal Justice 
    Technical and Legal Assistance Act of 2000 (25 U.S.C. 3653) is 
    amended--
            (A) by redesignating paragraphs (2) through (7) as 
        paragraphs (3) through (8), respectively; and
            (B) by inserting after paragraph (1) the following:
        ``(2) Director.--The term `Director' means the Director of the 
    Office of Tribal Justice.''.
        (2) Status.--Title I of the Indian Tribal Justice Technical and 
    Legal Assistance Act of 2000 is amended--
            (A) by redesignating section 106 (25 U.S.C. 3666) as 
        section 107; and
            (B) by inserting after section 105 (25 U.S.C. 3665) the 
        following:
    ``SEC. 106. OFFICE OF TRIBAL JUSTICE.
    ``(a) In General.--Not later than 90 days after the date of 
enactment of the Tribal Law and Order Act of 2010, the Attorney General 
shall establish the Office of Tribal Justice as a component of the 
Department.
    ``(b) Personnel and Funding.--The Attorney General shall provide to 
the Office of Tribal Justice such personnel and funds as are necessary 
to establish the Office of Tribal Justice as a component of the 
Department under subsection (a).
    ``(c) Duties.--The Office of Tribal Justice shall--
        ``(1) serve as the program and legal policy advisor to the 
    Attorney General with respect to the treaty and trust relationship 
    between the United States and Indian tribes;
        ``(2) serve as the point of contact for federally recognized 
    tribal governments and tribal organizations with respect to 
    questions and comments regarding policies and programs of the 
    Department and issues relating to public safety and justice in 
    Indian country; and
        ``(3) coordinate with other bureaus, agencies, offices, and 
    divisions within the Department of Justice to ensure that each 
    component has an accountable process to ensure meaningful and 
    timely consultation with tribal leaders in the development of 
    regulatory policies and other actions that affect--
            ``(A) the trust responsibility of the United States to 
        Indian tribes;
            ``(B) any tribal treaty provision;
            ``(C) the status of Indian tribes as sovereign governments; 
        or
            ``(D) any other tribal interest.''.
    (b) Native American Issues Coordinator.--The Indian Law Enforcement 
Reform Act (25 U.S.C. 2801 et seq.) (as amended by section 213(b)) is 
amended by adding at the end the following:
  ``SEC. 14. NATIVE AMERICAN ISSUES COORDINATOR.
    ``(a) Establishment.--There is established in the Executive Office 
for United States Attorneys of the Department of Justice a position to 
be known as the `Native American Issues Coordinator'.
    ``(b) Duties.--The Native American Issues Coordinator shall--
        ``(1) coordinate with the United States Attorneys that have 
    authority to prosecute crimes in Indian country;
        ``(2) coordinate prosecutions of crimes of national 
    significance in Indian country, as determined by the Attorney 
    General;
        ``(3) coordinate as necessary with other components of the 
    Department of Justice and any relevant advisory groups to the 
    Attorney General or the Deputy Attorney General; and
        ``(4) carry out such other duties as the Attorney General may 
    prescribe.''.

           Subtitle B--State Accountability and Coordination

    SEC. 221. STATE CRIMINAL JURISDICTION AND RESOURCES.
    (a) Concurrent Authority of United States.--Section 401(a) of the 
Indian Civil Rights Act of 1968 (25 U.S.C. 1321(a)) is amended--
        (1) by striking the section designation and heading and all 
    that follows through ``The consent of the United States'' and 
    inserting the following:
    ``SEC. 401. ASSUMPTION BY STATE OF CRIMINAL JURISDICTION.
    ``(a) Consent of United States.--
        ``(1) In general.--The consent of the United States''; and
        (2) by adding at the end the following:
        ``(2) Concurrent jurisdiction.--At the request of an Indian 
    tribe, and after consultation with and consent by the Attorney 
    General, the United States shall accept concurrent jurisdiction to 
    prosecute violations of sections 1152 and 1153 of title 18, United 
    States Code, within the Indian country of the Indian tribe.''.
    (b) Applicable Law.--Section 1162 of title 18, United States Code, 
is amended by adding at the end the following:
    ``(d) Notwithstanding subsection (c), at the request of an Indian 
tribe, and after consultation with and consent by the Attorney 
General--
        ``(1) sections 1152 and 1153 shall apply in the areas of the 
    Indian country of the Indian tribe; and
        ``(2) jurisdiction over those areas shall be concurrent among 
    the Federal Government, State governments, and, where applicable, 
    tribal governments.''.
    SEC. 222. STATE, TRIBAL, AND LOCAL LAW ENFORCEMENT COOPERATION.
    The Attorney General may provide technical and other assistance to 
State, tribal, and local governments that enter into cooperative 
agreements, including agreements relating to mutual aid, hot pursuit of 
suspects, and cross-deputization for the purposes of--
        (1) improving law enforcement effectiveness;
        (2) reducing crime in Indian country and nearby communities; 
    and
        (3) developing successful cooperative relationships that 
    effectively combat crime in Indian country and nearby communities.

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

    SEC. 231. TRIBAL POLICE OFFICERS.
    (a) Flexibility in Training Law Enforcement Officers Serving Indian 
Country.--Section 3(e) of the Indian Law Enforcement Reform Act (25 
U.S.C. 2802(e)) (as amended by section 211(b)(4)) is amended--
        (1) in paragraph (1)--
            (A) by striking ``(e)(1) The Secretary'' and inserting the 
        following:
    ``(e) Standards of Education and Experience and Classification of 
Positions.--
        ``(1) Standards of education and experience.--
            ``(A) In general.--The Secretary''; and
            (B) by adding at the end the following:
            ``(B) Requirements for training.--The training standards 
        established under subparagraph (A)--
                ``(i) shall be consistent with standards accepted by 
            the Federal Law Enforcement Training Accreditation 
            commission for law enforcement officers attending similar 
            programs; and
                ``(ii) shall include, or be supplemented by, 
            instruction regarding Federal sources of authority and 
            jurisdiction, Federal crimes, Federal rules of criminal 
            procedure, and constitutional law to bridge the gap between 
            State training and Federal requirements.
            ``(C) Training at state, tribal, and local academies.--Law 
        enforcement personnel of the Office of Justice Services or an 
        Indian tribe may satisfy the training standards established 
        under subparagraph (A) through training at a State or tribal 
        police academy, a State, regional, local, or tribal college or 
        university, or other training academy (including any program at 
        a State, regional, local, or tribal college or university) that 
        meets the appropriate Peace Officer Standards of Training.
            ``(D) Maximum age requirement.--Pursuant to section 3307(e) 
        of title 5, United States Code, the Secretary may employ as a 
        law enforcement officer under section 4 any individual under 
        the age of 47, if the individual meets all other applicable 
        hiring requirements for the applicable law enforcement 
        position.'';
        (2) in paragraph (3), by striking ``Agencies'' and inserting 
    ``agencies''; and
        (3) by adding at the end the following:
        ``(4) Background checks for tribal justice officials.--
            ``(A) In general.--The Office of Justice Services shall 
        develop standards and deadlines for the provision of background 
        checks to tribal law enforcement and corrections officials.
            ``(B) Timing.--If a request for a background check is made 
        by an Indian tribe that has contracted or entered into a 
        compact for law enforcement or corrections services with the 
        Bureau of Indian Affairs pursuant to the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450 et 
        seq.), the Office of Justice Services shall complete the check 
        not later than 60 days after the date of receipt of the 
        request, unless an adequate reason for failure to respond by 
        that date is provided to the Indian tribe in writing.''.
    (b) Special Law Enforcement Commissions.--Section 5 of the Indian 
Law Enforcement Reform Act (25 U.S.C. 2804) is amended--
        (1) by striking ``(a) The Secretary may enter into an 
    agreement'' and inserting the following:
    ``(a) Agreements.--
        ``(1) In general.--Not later than 180 days after the date of 
    enactment of the Tribal Law and Order Act of 2010, the Secretary 
    shall establish procedures to enter into memoranda of agreement'';
        (2) in the second sentence, by striking ``The Secretary'' and 
    inserting the following:
        ``(2) Certain activities.--The Secretary''; and
        (3) by adding at the end the following:
        ``(3) Program enhancement.--
            ``(A) Training sessions in indian country.--
                ``(i) In general.--The procedures described in 
            paragraph (1) shall include the development of a plan to 
            enhance the certification and provision of special law 
            enforcement commissions to tribal law enforcement 
            officials, and, subject to subsection (d), State and local 
            law enforcement officials, pursuant to this section.
                ``(ii) Inclusions.--The plan under clause (i) shall 
            include the hosting of regional training sessions in Indian 
            country, not less frequently than biannually, to educate 
            and certify candidates for the special law enforcement 
            commissions.
            ``(B) Memoranda of agreement.--
                ``(i) In general.--Not later than 180 days after the 
            date of enactment of the Tribal Law and Order Act of 2010, 
            the Secretary, in consultation with Indian tribes and 
            tribal law enforcement agencies, shall develop minimum 
            requirements to be included in special law enforcement 
            commission agreements pursuant to this section.
                ``(ii) Substance of agreements.--Each agreement entered 
            into pursuant to this section shall reflect the status of 
            the applicable certified individual as a Federal law 
            enforcement officer under subsection (f), acting within the 
            scope of the duties described in section 3(c).
                ``(iii) Agreement.--Not later than 60 days after the 
            date on which the Secretary determines that all applicable 
            requirements under clause (i) are met, the Secretary shall 
            offer to enter into a special law enforcement commission 
            agreement with the Indian tribe.''.
    (c) Indian Law Enforcement Foundation.--The Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.) is 
amended by adding at the end the following:

             ``TITLE VII--INDIAN LAW ENFORCEMENT FOUNDATION

    ``SEC. 701. DEFINITIONS.
    ``In this title:
        ``(1) Board.--The term `Board' means the Board of Directors of 
    the Foundation.
        ``(2) Bureau.--The term `Bureau' means the Office of Justice 
    Services of the Bureau of Indian Affairs.
        ``(3) Committee.--The term `Committee' means the Committee for 
    the Establishment of the Indian Law Enforcement Foundation 
    established under section 702(e)(1).
        ``(4) Foundation.--The term `Foundation' means the Indian Law 
    Enforcement Foundation established under section 702.
        ``(5) Secretary.--The term `Secretary' means the Secretary of 
    the Interior.
    ``SEC. 702. INDIAN LAW ENFORCEMENT FOUNDATION.
    ``(a) Establishment.--
        ``(1) In general.--As soon as practicable after the date of 
    enactment of this title, the Secretary shall establish, under the 
    laws of the District of Columbia and in accordance with this title, 
    a foundation, to be known as the `Indian Law Enforcement 
    Foundation'.
        ``(2) Funding determinations.--No funds, gift, property, or 
    other item of value (including any interest accrued on such an 
    item) acquired by the Foundation shall--
            ``(A) be taken into consideration for purposes of 
        determining Federal appropriations relating to the provision of 
        public safety or justice services to Indians; or
            ``(B) otherwise limit, diminish, or affect the Federal 
        responsibility for the provision of public safety or justice 
        services to Indians.
    ``(b) Nature of Corporation.--The Foundation--
        ``(1) shall be a charitable and nonprofit federally chartered 
    corporation; and
        ``(2) shall not be an agency or instrumentality of the United 
    States.
    ``(c) Place of Incorporation and Domicile.--The Foundation shall be 
incorporated and domiciled in the District of Columbia.
    ``(d) Duties.--The Foundation shall--
        ``(1) encourage, accept, and administer, in accordance with the 
    terms of each donation, private gifts of real and personal 
    property, and any income from or interest in such gifts, for the 
    benefit of, or in support of, public safety and justice services in 
    American Indian and Alaska Native communities; and
        ``(2) assist the Office of Justice Services of the Bureau of 
    Indian Affairs and Indian tribal governments in funding and 
    conducting activities and providing education to advance and 
    support the provision of public safety and justice services in 
    American Indian and Alaska Native communities.
    ``(e) Committee for the Establishment of the Indian Law Enforcement 
Foundation.--
        ``(1) In general.--The Secretary shall establish a committee, 
    to be known as the `Committee for the Establishment of the Indian 
    Law Enforcement Foundation', to assist the Secretary in 
    establishing the Foundation.
        ``(2) Duties.--Not later than 180 days after the date of 
    enactment of this section, the Committee shall--
            ``(A) carry out such activities as are necessary to 
        incorporate the Foundation under the laws of the District of 
        Columbia, including acting as incorporators of the Foundation;
            ``(B) ensure that the Foundation qualifies for and 
        maintains the status required to carry out this section, until 
        the date on which the Board is established;
            ``(C) establish the constitution and initial bylaws of the 
        Foundation;
            ``(D) provide for the initial operation of the Foundation, 
        including providing for temporary or interim quarters, 
        equipment, and staff; and
            ``(E) appoint the initial members of the Board in 
        accordance with the constitution and initial bylaws of the 
        Foundation.
    ``(f) Board of Directors.--
        ``(1) In general.--The Board of Directors shall be the 
    governing body of the Foundation.
        ``(2) Powers.--The Board may exercise, or provide for the 
    exercise of, the powers of the Foundation.
        ``(3) Selection.--
            ``(A) In general.--Subject to subparagraph (B), the number 
        of members of the Board, the manner of selection of the members 
        (including the filling of vacancies), and the terms of office 
        of the members shall be as provided in the constitution and 
        bylaws of the Foundation.
            ``(B) Requirements.--
                ``(i) Number of members.--The Board shall be composed 
            of not less than 7 members.
                ``(ii) Initial voting members.--The initial voting 
            members of the Board--

                    ``(I) shall be appointed by the Committee not later 
                than 180 days after the date on which the Foundation is 
                established; and
                    ``(II) shall serve for staggered terms.

                ``(iii) Qualification.--The members of the Board shall 
            be United States citizens with knowledge or experience 
            regarding public safety and justice in Indian and Alaska 
            Native communities.
            ``(C) Compensation.--A member of the Board shall not 
        receive compensation for service as a member, but shall be 
        reimbursed for actual and necessary travel and subsistence 
        expenses incurred in the performance of the duties of the 
        Foundation.
    ``(g) Officers.--
        ``(1) In general.--The officers of the Foundation shall be--
            ``(A) a Secretary, elected from among the members of the 
        Board; and
            ``(B) any other officers provided for in the constitution 
        and bylaws of the Foundation.
        ``(2) Chief operating officer.--
            ``(A) Secretary.--Subject to subparagraph (B), the 
        Secretary of the Foundation may serve, at the direction of the 
        Board, as the chief operating officer of the Foundation.
            ``(B) Appointment.--The Board may appoint a chief operating 
        officer in lieu of the Secretary of the Foundation under 
        subparagraph (A), who shall serve at the direction of the 
        Board.
        ``(3) Election.--The manner of election, term of office, and 
    duties of the officers of the Foundation shall be as provided in 
    the constitution and bylaws of the Foundation.
    ``(h) Powers.--The Foundation--
        ``(1) shall adopt a constitution and bylaws for the management 
    of the property of the Foundation and the regulation of the affairs 
    of the Foundation;
        ``(2) may adopt and alter a corporate seal;
        ``(3) may enter into contracts;
        ``(4) may acquire (through gift or otherwise), own, lease, 
    encumber, and transfer real or personal property as necessary or 
    convenient to carry out the purposes of the Foundation;
        ``(5) may sue and be sued; and
        ``(6) may perform any other act necessary and proper to carry 
    out the purposes of the Foundation.
    ``(i) Principal Office.--
        ``(1) In general.--The principal office of the Foundation shall 
    be located in the District of Columbia.
        ``(2) Activities; offices.--The activities of the Foundation 
    may be conducted, and offices may be maintained, throughout the 
    United States in accordance with the constitution and bylaws of the 
    Foundation.
    ``(j) Service of Process.--The Foundation shall comply with the law 
on service of process of each State in which the Foundation is 
incorporated and of each State in which the Foundation carries on 
activities.
    ``(k) Liability of Officers, Employees, and Agents.--
        ``(1) In general.--The Foundation shall be liable for the acts 
    of the officers, employees, and agents of the Foundation acting 
    within the scope of the authority of the officers, employees, and 
    agents.
        ``(2) Personal liability.--A member of the Board shall be 
    personally liable only for gross negligence in the performance of 
    the duties of the member.
    ``(l) Restrictions.--
        ``(1) Limitation on spending.--Beginning with the fiscal year 
    following the first full fiscal year during which the Foundation is 
    in operation, the administrative costs of the Foundation shall not 
    exceed the percentage described in paragraph (2) of the sum of--
            ``(A) the amounts transferred to the Foundation under 
        subsection (n) during the preceding fiscal year; and
            ``(B) donations received from private sources during the 
        preceding fiscal year.
        ``(2) Percentages.--The percentages referred to in paragraph 
    (1) are--
            ``(A) for the first 2 fiscal years described in that 
        paragraph, 25 percent;
            ``(B) for the following fiscal year, 20 percent; and
            ``(C) for each fiscal year thereafter, 15 percent.
        ``(3) Appointment and hiring.--The appointment of officers and 
    employees of the Foundation shall be subject to the availability of 
    funds.
        ``(4) Status.--A member of the Board or officer, employee, or 
    agent of the Foundation shall not by reason of association with the 
    Foundation be considered to be an officer, employee, or agent of 
    the United States.
    ``(m) Audits.--The Foundation shall comply with section 10101 of 
title 36, United States Code, as if the Foundation were a corporation 
under part B of subtitle II of that title.
    ``(n) Funding.--For each of fiscal years 2011 through 2015, out of 
any unobligated amounts available to the Secretary, the Secretary may 
use to carry out this section not more than $500,000.
    ``SEC. 703. ADMINISTRATIVE SERVICES AND SUPPORT.
    ``(a) Provision of Support by Secretary.--Subject to subsection 
(b), during the 5-year period beginning on the date on which the 
Foundation is established, the Secretary--
        ``(1) may provide personnel, facilities, and other 
    administrative support services to the Foundation;
        ``(2) may provide funds for initial operating costs and to 
    reimburse the travel expenses of the members of the Board; and
        ``(3) shall require and accept reimbursements from the 
    Foundation for--
            ``(A) services provided under paragraph (1); and
            ``(B) funds provided under paragraph (2).
    ``(b) Reimbursement.--Reimbursements accepted under subsection 
(a)(3)--
        ``(1) shall be deposited in the Treasury of the United States 
    to the credit of the applicable appropriations account; and
        ``(2) shall be chargeable for the cost of providing services 
    described in subsection (a)(1) and travel expenses described in 
    subsection (a)(2).
    ``(c) Continuation of Certain Services.--The Secretary may continue 
to provide facilities and necessary support services to the Foundation 
after the termination of the 5-year period specified in subsection (a) 
if the facilities and services are--
        ``(1) available; and
        ``(2) provided on reimbursable cost basis.''.
    (d) Technical Amendments.--The Indian Self-Determination and 
Education Assistance Act is amended--
        (1) by redesignating title V (25 U.S.C. 458bbb et seq.) as 
    title VIII and moving the title so as to appear at the end of the 
    Act;
        (2) by redesignating sections 501, 502, and 503 (25 U.S.C. 
    458bbb, 458bbb-1, 458bbb-2) as sections 801, 802, and 803, 
    respectively; and
        (3) in subsection (a)(2) of section 802 and paragraph (2) of 
    section 803 (as redesignated by paragraph (2)), by striking 
    ``section 501'' and inserting ``section 801''.
    (e) Acceptance and Assistance.--Section 5 of the Indian Law 
Enforcement Reform Act (25 U.S.C. 2804) is amended by adding at the end 
the following:
    ``(g) Acceptance of Assistance.--The Bureau may accept 
reimbursement, resources, assistance, or funding from--
        ``(1) a Federal, tribal, State, or other government agency; or
        ``(2) the Indian Law Enforcement Foundation established under 
    section 701(a) of the Indian Self-Determination and Education 
    Assistance Act.''.
    SEC. 232. DRUG ENFORCEMENT IN INDIAN COUNTRY.
    (a) Education and Research Programs.--Section 502 of the Controlled 
Substances Act (21 U.S.C. 872) is amended in subsections (a)(1) and 
(c), by inserting `` tribal,'' after ``State,'' each place it appears.
    (b) Public-private Education Program.--Section 503 of the 
Comprehensive Methamphetamine Control Act of 1996 (21 U.S.C. 872a) is 
amended--
        (1) in subsection (a), by inserting ``tribal,'' after 
    ``State,''; and
        (2) in subsection (b)(2), by inserting ``, tribal,'' after 
    ``State''.
    (c) Cooperative Arrangements.--Section 503 of the Controlled 
Substances Act (21 U.S.C. 873) is amended--
        (1) in subsection (a)--
            (A) by inserting ``tribal,'' after ``State,'' each place it 
        appears; and
            (B) in paragraphs (6) and (7), by inserting ``, tribal,'' 
        after ``State'' each place it appears; and
        (2) in subsection (d)(1), by inserting ``, tribal,'' after 
    ``State''.
    (d) Powers of Enforcement Personnel.--Section 508(a) of the 
Controlled Substances Act (21 U.S.C. 878(a)) is amended in the matter 
preceding paragraph (1) by inserting ``, tribal,'' after ``State''.
    (e) Effect of Grants.--Nothing in this section or any amendment 
made by this section--
        (1) allows the grant to be made to, or used by, an entity for 
    law enforcement activities that the entity lacks jurisdiction to 
    perform; or
        (2) has any effect other than to authorize, award, or deny a 
    grant of funds to a federally recognized Indian tribe for the 
    purposes described in the relevant grant program.
    SEC. 233. ACCESS TO NATIONAL CRIMINAL INFORMATION DATABASES.
    (a) Access to National Criminal Information Databases.--Section 534 
of title 28, United States Code, is amended--
        (1) in subsection (a)(4), by inserting ``Indian tribes,'' after 
    ``the States,'';
        (2) by striking subsection (d) and inserting the following:
    ``(d) Indian Law Enforcement Agencies.--The Attorney General shall 
permit tribal and Bureau of Indian Affairs law enforcement agencies--
        ``(1) to access and enter information into Federal criminal 
    information databases; and
        ``(2) to obtain information from the databases.'';
        (3) by redesignating the second subsection (e) as subsection 
    (f); and
        (4) in paragraph (2) of subsection (f) (as redesignated by 
    paragraph (3)), in the matter preceding subparagraph (A), by 
    inserting ``, tribal,'' after ``Federal''.
    (b) Requirement.--
        (1) In general.--The Attorney General shall ensure that tribal 
    law enforcement officials that meet applicable Federal or State 
    requirements be permitted access to national crime information 
    databases.
        (2) Sanctions.--For purpose of sanctions for noncompliance with 
    requirements of, or misuse of, national crime information databases 
    and information obtained from those databases, a tribal law 
    enforcement agency or official shall be treated as Federal law 
    enforcement agency or official.
        (3) NCIC.--Each tribal justice official serving an Indian tribe 
    with criminal jurisdiction over Indian country shall be considered 
    to be an authorized law enforcement official for purposes of access 
    to the National Crime Information Center of the Federal Bureau of 
    Investigation.
    SEC. 234. TRIBAL COURT SENTENCING AUTHORITY.
    (a) Individual Rights.--Section 202 of the Indian Civil Rights Act 
of 1968 (25 U.S.C. 1302), is amended--
        (1) in the matter preceding paragraph (1), by striking ``No 
    Indian tribe'' and inserting the following:
    ``(a) In General.--No Indian tribe'';
        (2) in subsection (a) (as designated by paragraph (1))--
            (A) in paragraph (6) by inserting ``(except as provided in 
        subsection (b)) after ``assistance of counsel for his 
        defense''; and
            (B) by striking paragraph (7) and inserting the following:
        ``(7)(A) require excessive bail, impose excessive fines, or 
    inflict cruel and unusual punishments;
        ``(B) except as provided in subparagraph (C), impose for 
    conviction of any 1 offense any penalty or punishment greater than 
    imprisonment for a term of 1 year or a fine of $5,000, or both;
        ``(C) subject to subsection (b), impose for conviction of any 1 
    offense any penalty or punishment greater than imprisonment for a 
    term of 3 years or a fine of $15,000, or both; or
        ``(D) impose on a person in a criminal proceeding a total 
    penalty or punishment greater than imprisonment for a term of 9 
    years;''; and
        (3) by adding at the end the following:
    ``(b) Offenses Subject to Greater Than 1-year Imprisonment or a 
Fine Greater Than $5,000.--A tribal court may subject a defendant to a 
term of imprisonment greater than 1 year but not to exceed 3 years for 
any 1 offense, or a fine greater than $5,000 but not to exceed $15,000, 
or both, if the defendant is a person accused of a criminal offense 
who--
        ``(1) has been previously convicted of the same or a comparable 
    offense by any jurisdiction in the United States; or
        ``(2) is being prosecuted for an offense comparable to an 
    offense that would be punishable by more than 1 year of 
    imprisonment if prosecuted by the United States or any of the 
    States.
    ``(c) Rights of Defendants.--In a criminal proceeding in which an 
Indian tribe, in exercising powers of self-government, imposes a total 
term of imprisonment of more than 1 year on a defendant, the Indian 
tribe shall--
        ``(1) provide to the defendant the right to effective 
    assistance of counsel at least equal to that guaranteed by the 
    United States Constitution; and
        ``(2) at the expense of the tribal government, provide an 
    indigent defendant the assistance of a defense attorney licensed to 
    practice law by any jurisdiction in the United States that applies 
    appropriate professional licensing standards and effectively 
    ensures the competence and professional responsibility of its 
    licensed attorneys;
        ``(3) require that the judge presiding over the criminal 
    proceeding--
            ``(A) has sufficient legal training to preside over 
        criminal proceedings; and
            ``(B) is licensed to practice law by any jurisdiction in 
        the United States;
        ``(4) prior to charging the defendant, make publicly available 
    the criminal laws (including regulations and interpretative 
    documents), rules of evidence, and rules of criminal procedure 
    (including rules governing the recusal of judges in appropriate 
    circumstances) of the tribal government; and
        ``(5) maintain a record of the criminal proceeding, including 
    an audio or other recording of the trial proceeding.
    ``(d) Sentences.--In the case of a defendant sentenced in 
accordance with subsections (b) and (c), a tribal court may require the 
defendant--
        ``(1) to serve the sentence--
            ``(A) in a tribal correctional center that has been 
        approved by the Bureau of Indian Affairs for long-term 
        incarceration, in accordance with guidelines to be developed by 
        the Bureau of Indian Affairs (in consultation with Indian 
        tribes) not later than 180 days after the date of enactment of 
        the Tribal Law and Order Act of 2010;
            ``(B) in the nearest appropriate Federal facility, at the 
        expense of the United States pursuant to the Bureau of Prisons 
        tribal prisoner pilot program described in section 304(c) of 
        the Tribal Law and Order Act of 2010;
            ``(C) in a State or local government-approved detention or 
        correctional center pursuant to an agreement between the Indian 
        tribe and the State or local government; or
            ``(D) in an alternative rehabilitation center of an Indian 
        tribe; or
        ``(2) to serve another alternative form of punishment, as 
    determined by the tribal court judge pursuant to tribal law.
    ``(e) Definition of Offense.--In this section, the term `offense' 
means a violation of a criminal law.
    ``(f) Effect of Section.--Nothing in this section affects the 
obligation of the United States, or any State government that has been 
delegated authority by the United States, to investigate and prosecute 
any criminal violation in Indian country.''.
    (b) Report.--Not later than 4 years after the date of enactment of 
this Act, the Attorney General, in coordination with the Secretary of 
the Interior, shall submit a report to the appropriate committees of 
Congress that includes--
        (1) a description of the effectiveness of enhanced tribal court 
    sentencing authority in curtailing violence and improving the 
    administration of justice on Indian lands; and
        (2) a recommendation of whether enhanced sentencing authority 
    should be discontinued, enhanced, or maintained at the level 
    authorized under this title.
    (c) Bureau of Prisons Tribal Prisoner Pilot Program.--
        (1) In general.--Not later than 120 days after the date of 
    enactment of this title, the Director of the Bureau of Prisons 
    shall establish a pilot program under which the Bureau of Prisons 
    shall accept offenders convicted in tribal court pursuant to 
    section 202 of the Indian Civil Rights Act of 1968 (25 U.S.C. 1302) 
    (as amended by this section), subject to the conditions described 
    in paragraph (2).
        (2) Conditions.--
            (A) In general.--As a condition of participation in the 
        pilot program described in paragraph (1), the tribal court 
        shall submit to the Attorney General a request for confinement 
        of the offender, for approval by the Attorney General (or a 
        designee) by not later than 30 days after the date of 
        submission.
            (B) Limitations.--Requests for confinement shall be limited 
        to offenders convicted of a violent crime (comparable to the 
        violent crimes described in section 1153(a) of title 18, United 
        States Code) for which the sentence includes a term of 
        imprisonment of 2 or more years.
            (C) Custody conditions.--The imprisonment by the Bureau of 
        Prisons shall be subject to the conditions described in section 
        5003 of title 18, United States Code, regarding the custody of 
        State offenders, except that the offender shall be placed in 
        the nearest available and appropriate Federal facility, and 
        imprisoned at the expense of the United States.
            (D) Cap.--The Bureau of Prisons shall confine not more than 
        100 tribal offenders at any time.
        (3) Rescinding requests.--
            (A) In general.--The applicable tribal government shall 
        retain the authority to rescind the request for confinement of 
        a tribal offender by the Bureau of Prisons under this paragraph 
        at any time during the sentence of the offender.
            (B) Return to tribal custody.--On rescission of a request 
        under subparagraph (A), a tribal offender shall be returned to 
        tribal custody.
        (4) Reassessment.--If tribal court demand for participation in 
    this pilot program exceeds 100 tribal offenders, a representative 
    of the Bureau of Prisons shall notify Congress.
        (5) Report.--Not later than 3 years after the date of 
    establishment of the pilot program, the Attorney General shall 
    submit to Congress a report describing the status of the program, 
    including recommendations regarding the future of the program, if 
    any.
        (6) Termination.--Except as otherwise provided by an Act of 
    Congress, the pilot program under this paragraph shall expire on 
    the date that is 4 years after the date on which the program is 
    established.
    (d) Grants and Contracts.--Section 1007(b) of the Economic 
Opportunity Act of 1964 (42 U.S.C. 2996f(b)) is amended by striking 
paragraph (2) and inserting the following:
        ``(2) to provide legal assistance with respect to any criminal 
    proceeding, except to provide assistance to a person charged with 
    an offense in an Indian tribal court;''.
    SEC. 235. INDIAN LAW AND ORDER COMMISSION.
    The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et seq.) (as 
amended by section 214(b)) is amended by adding at the end the 
following:
  ``SEC. 15. INDIAN LAW AND ORDER COMMISSION.
    ``(a) Establishment.--There is established a commission to be known 
as the Indian Law and Order Commission (referred to in this section as 
the `Commission').
    ``(b) Membership.--
        ``(1) In general.--The Commission shall be composed of 9 
    members, of whom--
            ``(A) 3 shall be appointed by the President, in 
        consultation with--
                ``(i) the Attorney General; and
                ``(ii) the Secretary;
            ``(B) 2 shall be appointed by the Majority Leader of the 
        Senate, in consultation with the Chairpersons of the Committees 
        on Indian Affairs and the Judiciary of the Senate;
            ``(C) 1 shall be appointed by the Minority Leader of the 
        Senate, in consultation with the Vice Chairperson and Ranking 
        Member of the Committees on Indian Affairs and the Judiciary of 
        the Senate;
            ``(D) 2 shall be appointed by the Speaker of the House of 
        Representatives, in consultation with the Chairpersons of the 
        Committees on the Judiciary and Natural Resources of the House 
        of Representatives; and
            ``(E) 1 shall be appointed by the Minority Leader of the 
        House of Representatives, in consultation with the Ranking 
        Members of the Committees on the Judiciary and Natural 
        Resources of the House of Representatives.
        ``(2) Requirements for eligibility.--Each member of the 
    Commission shall have significant experience and expertise in--
            ``(A) the Indian country criminal justice system; and
            ``(B) matters to be studied by the Commission.
        ``(3) Consultation required.--The President, the Speaker and 
    Minority Leader of the House of Representatives, and the Majority 
    Leader and Minority Leader of the Senate shall consult before the 
    appointment of members of the Commission under paragraph (1) to 
    achieve, to the maximum extent practicable, fair and equitable 
    representation of various points of view with respect to the 
    matters to be studied by the Commission.
        ``(4) Term.--Each member shall be appointed for the life of the 
    Commission.
        ``(5) Time for initial appointments.--The appointment of the 
    members of the Commission shall be made not later than 60 days 
    after the date of enactment of this Act.
        ``(6) Vacancies.--A vacancy in the Commission shall be filled--
            ``(A) in the same manner in which the original appointment 
        was made; and
            ``(B) not later than 60 days after the date on which the 
        vacancy occurred.
    ``(c) Operation.--
        ``(1) Chairperson.--Not later than 15 days after the date on 
    which all members of the Commission have been appointed, the 
    Commission shall select 1 member to serve as Chairperson of the 
    Commission.
        ``(2) Meetings.--
            ``(A) In general.--The Commission shall meet at the call of 
        the Chairperson.
            ``(B) Initial meeting.--The initial meeting shall take 
        place not later than 30 days after the date described in 
        paragraph (1).
        ``(3) Quorum.--A majority of the members of the Commission 
    shall constitute a quorum, but a lesser number of members may hold 
    hearings.
        ``(4) Rules.--The Commission may establish, by majority vote, 
    any rules for the conduct of Commission business, in accordance 
    with this Act and other applicable law.
    ``(d) Comprehensive Study of Criminal Justice System Relating to 
Indian Country.--The Commission shall conduct a comprehensive study of 
law enforcement and criminal justice in tribal communities, including--
        ``(1) jurisdiction over crimes committed in Indian country and 
    the impact of that jurisdiction on--
            ``(A) the investigation and prosecution of Indian country 
        crimes; and
            ``(B) residents of Indian land;
        ``(2) the tribal jail and Federal prisons systems and the 
    effect of those systems with respect to--
            ``(A) reducing Indian country crime; and
            ``(B) rehabilitation of offenders;
        ``(3)(A) tribal juvenile justice systems and the Federal 
    juvenile justice system as relating to Indian country; and
        ``(B) the effect of those systems and related programs in 
    preventing juvenile crime, rehabilitating Indian youth in custody, 
    and reducing recidivism among Indian youth;
        ``(4) the impact of the Indian Civil Rights Act of 1968 (25 
    U.S.C. 1301 et seq.) on--
            ``(A) the authority of Indian tribes;
            ``(B) the rights of defendants subject to tribal government 
        authority; and
            ``(C) the fairness and effectiveness of tribal criminal 
        systems; and
        ``(5) studies of such other subjects as the Commission 
    determines relevant to achieve the purposes of the Tribal Law and 
    Order Act of 2010.
    ``(e) Recommendations.--Taking into consideration the results of 
the study under paragraph (1), the Commission shall develop 
recommendations on necessary modifications and improvements to justice 
systems at the tribal, Federal, and State levels, including 
consideration of--
        ``(1) simplifying jurisdiction in Indian country;
        ``(2) improving services and programs--
            ``(A) to prevent juvenile crime on Indian land;
            ``(B) to rehabilitate Indian youth in custody; and
            ``(C) to reduce recidivism among Indian youth;
        ``(3) adjustments to the penal authority of tribal courts and 
    exploring alternatives to incarceration;
        ``(4) the enhanced use of chapter 43 of title 28, United States 
    Code (commonly known as `the Federal Magistrates Act') in Indian 
    country;
        ``(5) effective means of protecting the rights of victims and 
    defendants in tribal criminal justice systems (including defendants 
    incarcerated for a period of less than 1 year);
        ``(6) changes to the tribal jails and Federal prison systems; 
    and
        ``(7) other issues that, as determined by the Commission, would 
    reduce violent crime in Indian country.
    ``(f) Report.--Not later than 2 years after the date of enactment 
of this Act, the Commission shall submit to the President and Congress 
a report that contains--
        ``(1) a detailed statement of the findings and conclusions of 
    the Commission; and
        ``(2) the recommendations of the Commission for such 
    legislative and administrative actions as the Commission considers 
    to be appropriate.
    ``(g) Powers.--
        ``(1) Hearings.--
            ``(A) In general.--The Commission may hold such hearings, 
        meet and act at such times and places, take such testimony, and 
        receive such evidence as the Commission considers to be 
        advisable to carry out the duties of the Commission under this 
        section.
            ``(B) Public requirement.--The hearings of the Commission 
        under this paragraph shall be open to the public.
        ``(2) Witness expenses.--
            ``(A) In general.--A witness requested to appear before the 
        Commission shall be paid the same fees and allowances as are 
        paid to witnesses under section 1821 of title 28, United States 
        Code.
            ``(B) Per diem and mileage.--The fees and allowances for a 
        witness shall be paid from funds made available to the 
        Commission.
        ``(3) Information from federal, tribal, and state agencies.--
            ``(A) In general.--The Commission may secure directly from 
        a Federal agency such information as the Commission considers 
        to be necessary to carry out this section.
            ``(B) Tribal and state agencies.--The Commission may 
        request the head of any tribal or State agency to provide to 
        the Commission such information as the Commission considers to 
        be necessary to carry out this section.
        ``(4) Postal services.--The Commission may use the United 
    States mails in the same manner and under the same conditions as 
    other agencies of the Federal Government.
        ``(5) Gifts.--The Commission may accept, use, and dispose of 
    gifts or donations of services or property.
    ``(h) Commission Personnel Matters.--
        ``(1) Travel expenses.--A member of the Commission shall be 
    allowed travel expenses, including per diem in lieu of subsistence, 
    at rates authorized for an employee of an agency under subchapter I 
    of chapter 57 of title 5, United States Code, while away from the 
    home or regular place of business of the member in the performance 
    of the duties of the Commission.
        ``(2) Detail of federal employees.--On the affirmative vote of 
    \2/3\ of the members of the Commission and the approval of the 
    appropriate Federal agency head, an employee of the Federal 
    Government may be detailed to the Commission without reimbursement, 
    and such detail shall be without interruption or loss of civil 
    service status, benefits, or privileges.
        ``(3) Procurement of temporary and intermittent services.--On 
    request of the Commission, the Attorney General shall provide to 
    the Commission, on a reimbursable basis, reasonable and appropriate 
    office space, supplies, and administrative assistance.
    ``(i) Contracts for Research.--
        ``(1) Researchers and experts.--
            ``(A) In general.--On an affirmative vote of \2/3\ of the 
        members of the Commission, the Commission may select 
        nongovernmental researchers and experts to assist the 
        Commission in carrying out the duties of the Commission under 
        this section.
            ``(B) National institute of justice.--The National 
        Institute of Justice may enter into a contract with the 
        researchers and experts selected by the Commission under 
        subparagraph (A) to provide funding in exchange for the 
        services of the researchers and experts.
        ``(2) Other organizations.--Nothing in this subsection limits 
    the ability of the Commission to enter into contracts with any 
    other entity or organization to carry out research necessary to 
    carry out the duties of the Commission under this section.
    ``(j) Tribal Advisory Committee.--
        ``(1) Establishment.--The Commission shall establish a 
    committee, to be known as the `Tribal Advisory Committee'.
        ``(2) Membership.--
            ``(A) Composition.--The Tribal Advisory Committee shall 
        consist of 2 representatives of Indian tribes from each region 
        of the Bureau of Indian Affairs.
            ``(B) Qualifications.--Each member of the Tribal Advisory 
        Committee shall have experience relating to--
                ``(i) justice systems;
                ``(ii) crime prevention; or
                ``(iii) victim services.
        ``(3) Duties.--The Tribal Advisory Committee shall--
            ``(A) serve as an advisory body to the Commission; and
            ``(B) provide to the Commission advice and recommendations, 
        submit materials, documents, testimony, and such other 
        information as the Commission determines to be necessary to 
        carry out the duties of the Commission under this section.
    ``(k) Funding.--For the fiscal year after the date of enactment of 
the Tribal Law and Order Act of 2010, out of any unobligated amounts 
available to the Secretary of the Interior or the Attorney General, the 
Secretary or the Attorney General may use to carry out this section not 
more than $2,000,000.
    ``(l) Termination of Commission.--The Commission shall terminate 90 
days after the date on which the Commission submits the report of the 
Commission under subsection (f).
    ``(m) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Commission.''.
    SEC. 236. EXEMPTION FOR TRIBAL DISPLAY MATERIALS.
    (a) In General.--Section 845(a) of title 18, United States Code is 
amended--
        (1) in paragraph (5), by striking ``and'' at the end;
        (2) in paragraph (6), by striking the period at the end and 
    inserting ``and''; and
        (3) by adding at the end the following:
        ``(7) the transportation, shipment, receipt, or importation of 
    display fireworks materials for delivery to a federally recognized 
    Indian tribe or tribal agency.''.
    (b) Definition of Indian Tribe.--Section 841 of title 18, United 
States Code is amended by adding at the end the following:
    ``(t) Indian Tribe.--The term `Indian tribe' has the meaning given 
the term in section 102 of the Federally Recognized Indian Tribe List 
Act of 1994 (25 U.S.C. 479a)).''.
    (c) Technical Amendments.--Section 845 of title 18, United States 
Code is amended--
        (1) in subsection (a), by striking ``subsections'' in the first 
    place it appears and inserting ``subsection''; and
        (2) in subsection (b), by striking ``Secretary'' each place it 
    appears and inserting ``Attorney General''.

                   Subtitle D--Tribal Justice Systems

    SEC. 241. INDIAN ALCOHOL AND SUBSTANCE ABUSE.
    (a) Correction of References.--
        (1) Inter-departmental memorandum of agreement.--Section 4205 
    of the Indian Alcohol and Substance Abuse Prevention and Treatment 
    Act of 1986 (25 U.S.C. 2411) is amended--
            (A) in subsection (a)--
                (i) in the matter preceding paragraph (1)--

                    (I) by striking ``Not later than 120 days after the 
                date of enactment of this subtitle'' and inserting 
                ``Not later than 1 year after the date of enactment of 
                the Tribal Law and Order Act of 2010''; and
                    (II) by inserting ``, the Attorney General,'' after 
                ``Secretary of the Interior'';

                (ii) in paragraph (2)(A), by inserting ``, Office of 
            Justice Programs, Substance Abuse and Mental Health 
            Services Administration,'' after ``Bureau of Indian 
            Affairs,'';
                (iii) in paragraph (4), by inserting ``, Department of 
            Justice, Substance Abuse and Mental Health Services 
            Administration,'' after ``Bureau of Indian Affairs'';
                (iv) in paragraph (5), by inserting ``, Department of 
            Justice, Substance Abuse and Mental Health Services 
            Administration,'' after ``Bureau of Indian Affairs'';
                (v) in paragraph (7), by inserting ``, the Attorney 
            General,'' after ``Secretary of the Interior'';
            (B) in subsection (c), by inserting ``, the Attorney 
        General,'' after ``Secretary of the Interior''; and
            (C) in subsection (d), by striking ``the date of enactment 
        of this subtitle'' and inserting ``the date of enactment of the 
        Tribal Law and Order Act of 2010''.
        (2) Tribal action plans.--Section 4206 of the Indian Alcohol 
    and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 
    2412) is amended--
            (A) in subsection (b), in the first sentence, by inserting 
        ``, the Office of Justice Programs, the Substance Abuse and 
        Mental Health Services Administration,'' before ``and the 
        Indian Health Service service unit'';
            (B) in subsection (c)(1)(A)(i), by inserting ``, the Office 
        of Justice Programs, the Substance Abuse and Mental Health 
        Services Administration,'' before ``and the Indian Health 
        Service service unit'';
            (C) in subsection (d)(2), by striking ``fiscal year 1993 
        and such sums as are necessary for each of the fiscal years 
        1994, 1995, 1996, 1997, 1998, 1999, and 2000'' and inserting 
        ``the period of fiscal years 2011 through 2015'';
            (D) in subsection (e), in the first sentence, by inserting 
        ``, the Attorney General,'' after ``the Secretary of the 
        Interior''; and
            (E) in subsection (f)(3), by striking ``fiscal year 1993 
        and such sums as are necessary for each of the fiscal years 
        1994, 1995, 1996, 1997, 1998, 1999, and 2000'' and inserting 
        ``fiscal years 2011 through 2015''.
        (3) Departmental responsibility.--Section 4207 of the Indian 
    Alcohol and Substance Abuse Prevention and Treatment Act of 1986 
    (25 U.S.C. 2413) is amended--
            (A) in subsection (a), by inserting ``, the Attorney 
        General'' after ``Bureau of Indian Affairs'';
            (B) in subsection (b)--
                (i) by striking paragraph (1) and inserting the 
            following:
        ``(1) Establishment.--
            ``(A) In general.--To improve coordination among the 
        Federal agencies and departments carrying out this subtitle, 
        there is established within the Substance Abuse and Mental 
        Health Services Administration an office, to be known as the 
        `Office of Indian Alcohol and Substance Abuse' (referred to in 
        this section as the `Office').
            ``(B) Director.--The director of the Office shall be 
        appointed by the Administrator of the Substance Abuse and 
        Mental Health Services Administration--
                ``(i) on a permanent basis; and
                ``(ii) at a grade of not less than GS-15 of the General 
            Schedule.'';
                (ii) in paragraph (2)--

                    (I) by striking ``(2) In addition'' and inserting 
                the following:

        ``(2) Responsibilities of office.--In addition'';

                    (II) by striking subparagraph (A) and inserting the 
                following:

            ``(A) coordinating with other agencies to monitor the 
        performance and compliance of the relevant Federal programs in 
        achieving the goals and purposes of this subtitle and the 
        Memorandum of Agreement entered into under section 4205;'';

                    (III) in subparagraph (B)--

                        (aa) by striking ``within the Bureau of Indian 
                    Affairs''; and
                        (bb) by striking the period at the end and 
                    inserting ``; and''; and

                    (IV) by adding at the end the following:

            ``(C) not later than 1 year after the date of enactment of 
        the Tribal Law and Order Act of 2010, developing, in 
        coordination and consultation with tribal governments, a 
        framework for interagency and tribal coordination that--
                ``(i) establish the goals and other desired outcomes of 
            this Act;
                ``(ii) prioritizes outcomes that are aligned with the 
            purposes of affected agencies;
                ``(iii) provides guidelines for resource and 
            information sharing;
                ``(iv) provides technical assistance to the affected 
            agencies to establish effective and permanent interagency 
            communication and coordination; and
                ``(v) determines whether collaboration is feasible, 
            cost-effective, and within agency capability.''; and
                (iii) by striking paragraph (3) and inserting the 
            following:
        ``(3) Appointment of employees.--The Administrator of the 
    Substance Abuse and Mental Health Services Administration shall 
    appoint such employees to work in the Office, and shall provide 
    such funding, services, and equipment, as may be necessary to 
    enable the Office to carry out the responsibilities under this 
    subsection.''; and
            (C) in subsection (c)--
                (i) by striking ``of Alcohol and Substance Abuse'' each 
            place it appears;
                (ii) in paragraph (1), in the second sentence, by 
            striking ``The Assistant Secretary of the Interior for 
            Indian Affairs'' and inserting ``The Administrator of the 
            Substance Abuse and Mental Health Services 
            Administration''; and
                (iii) in paragraph (3)--

                    (I) in the matter preceding subparagraph (A), by 
                striking ``Youth'' and inserting ``youth''; and
                    (II) by striking ``programs of the Bureau of Indian 
                Affairs'' and inserting ``the applicable Federal 
                programs''.

        (4) Review of programs.--Section 4208a(a) of the Indian Alcohol 
    and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 
    2414a(a)) is amended in the matter preceding paragraph (1) by 
    inserting ``, the Attorney General,'' after ``the Secretary of the 
    Interior''.
        (5) Federal facilities, property, and equipment.--Section 4209 
    of the Indian Alcohol and Substance Abuse Prevention and Treatment 
    Act of 1986 (25 U.S.C. 2415) is amended--
            (A) in subsection (a), by inserting ``, the Attorney 
        General,'' after ``the Secretary of the Interior'';
            (B) in subsection (b)--
                (i) in the first sentence, by inserting ``, the 
            Attorney General,'' after ``the Secretary of the 
            Interior'';
                (ii) in the second sentence, by inserting ``, nor the 
            Attorney General,'' after ``the Secretary of the 
            Interior''; and
                (iii) in the third sentence, by inserting ``, the 
            Department of Justice,'' after ``the Department of the 
            Interior''; and
            (C) in subsection (c)(1), by inserting ``, the Attorney 
        General,'' after ``the Secretary of the Interior''.
        (6) Review.--Section 4211(a) of the Indian Alcohol and 
    Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 
    2431(a)) is amended in the matter preceding paragraph (1) by 
    inserting ``, the Attorney General,'' after ``the Secretary of the 
    Interior''.
    (b) Indian Education Programs.--Section 4212 of the Indian Alcohol 
and Substance Abuse Prevention Act of 1986 (25 U.S.C. 2432) is amended 
by striking subsection (a) and inserting the following:
    ``(a) Summer Youth Programs.--
        ``(1) In general.--The head of the Indian Alcohol and Substance 
    Abuse Program, in coordination with the Assistant Secretary for 
    Indian Affairs, shall develop and implement programs in tribal 
    schools and schools funded by the Bureau of Indian Education 
    (subject to the approval of the local school board or contract 
    school board) to determine the effectiveness of summer youth 
    programs in advancing the purposes and goals of this Act.
        ``(2) Costs.--The head of the Indian Alcohol and Substance 
    Abuse Program and the Assistant Secretary shall defray all costs 
    associated with the actual operation and support of the summer 
    youth programs in a school from funds appropriated to carry out 
    this subsection.
        ``(3) Authorization of appropriations.--There are authorized to 
    be appropriated to carry out the programs under this subsection 
    $5,000,000 for each of fiscal years 2011 through 2015.''.
    (c) Emergency Shelters.--Section 4213(e) of the Indian Alcohol and 
Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 
2433(e)) is amended--
        (1) in paragraph (1), by striking ``fiscal year 1993 and such 
    sums as may be necessary for each of the fiscal years 1994, 1995, 
    1996, 1997, 1998, 1999, and 2000.'' and inserting ``each of fiscal 
    years 2011 through 2015.'';
        (2) in paragraph (2), by striking ``each of the fiscal years 
    1994, 1995, 1996, 1997, 1998, 1999, and 2000.'' and inserting 
    ``each of fiscal years 2011 through 2015.''; and
        (3) by indenting paragraphs (4) and (5) appropriately.
    (d) Review of Programs.--Section 4215(a) of the Indian Alcohol and 
Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 
2441(a)) is amended by inserting ``, the Attorney General,'' after 
``the Secretary of the Interior''.
    (e) Illegal Narcotics Trafficking; Source Eradication.--Section 
4216 of the Indian Alcohol and Substance Abuse Prevention and Treatment 
Act of 1986 (25 U.S.C. 2442) is amended--
        (1) in subsection (a)--
            (A) in paragraph (1)--
                (i) in subparagraph (A), by striking the comma at the 
            end and inserting a semicolon;
                (ii) in subparagraph (B), by striking ``, and'' at the 
            end and inserting a semicolon;
                (iii) in subparagraph (C), by striking the period at 
            the end and inserting ``; and''; and
                (iv) by adding at the end the following:
            ``(D) the Blackfeet Nation of Montana for the investigation 
        and control of illegal narcotics traffic on the Blackfeet 
        Indian Reservation along the border with Canada.'';
            (B) in paragraph (2), by striking ``United States Custom 
        Service'' and inserting ``United States Customs and Border 
        Protection, the Bureau of Immigration and Customs Enforcement, 
        and the Drug Enforcement Administration''; and
            (C) by striking paragraph (3) and inserting the following:
        ``(3) Authorization of appropriations.--There is authorized to 
    be appropriated to carry out this subsection $2,000,000 for each of 
    fiscal years 2011 through 2015.''; and
        (2) in subsection (b)(2), by striking ``for the fiscal year 
    1993 and such sums as may be necessary for each of the fiscal years 
    1994, 1995, 1996, 1997, 1998, 1999, and 2000'' and ``for each of 
    fiscal years 2011 through 2015.''.
    (f) Law Enforcement and Judicial Training.--Section 4218 of the 
Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 
(25 U.S.C. 2451) is amended--
        (1) by striking subsection (a) and inserting the following:
    ``(a) Training Programs.--
        ``(1) In general.--The Secretary of the Interior, in 
    coordination with the Attorney General, the Administrator of the 
    Drug Enforcement Administration, and the Director of the Federal 
    Bureau of Investigation, shall ensure, through the establishment of 
    a new training program or by supplementing existing training 
    programs, that all Bureau of Indian Affairs and tribal law 
    enforcement and judicial personnel have access to training 
    regarding--
            ``(A) the investigation and prosecution of offenses 
        relating to illegal narcotics; and
            ``(B) alcohol and substance abuse prevention and treatment.
        ``(2) Youth-related training.--Any training provided to Bureau 
    of Indian Affairs or tribal law enforcement or judicial personnel 
    under paragraph (1) shall include training in issues relating to 
    youth alcohol and substance abuse prevention and treatment.''; and
        (2) in subsection (b), by striking ``as may be necessary'' and 
    all that follows through the end of the subsection and inserting 
    ``as are necessary for each of fiscal years 2011 through 2015.''.
    (g) Juvenile Detention Centers.--Section 4220 of the Indian Alcohol 
and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 
2453) is amended--
        (1) in subsection (a)--
            (A) by striking ``The Secretary'' the first place it 
        appears and inserting the following:
        ``(1) In general.--The Secretary'';
            (B) in the second sentence, by striking ``The Secretary 
        shall'' and inserting the following:
        ``(2) Construction and operation.--The Secretary shall''; and
            (C) by adding at the end the following:
        ``(3) Development of plan.--
            ``(A) In general.--Not later than 1 year after the date of 
        enactment of this paragraph, the Secretary and the Attorney 
        General, in consultation with tribal leaders and tribal justice 
        officials, shall develop a long-term plan for the construction, 
        renovation, and operation of Indian juvenile detention and 
        treatment centers and alternatives to detention for juvenile 
        offenders.
            ``(B) Coordination.--The plan under subparagraph (A) shall 
        require the Bureau of Indian Education and the Indian Health 
        Service to coordinate with tribal and Bureau of Indian Affairs 
        juvenile detention centers to provide services to those 
        centers.''; and
        (2) in paragraphs (1) and (2) of subsection (b)--
            (A) by striking ``for fiscal year 1993 and such sums as may 
        be necessary for each of the fiscal years 1994, 1995, 1996, 
        1997, 1998, 1999, and 2000'' each place it appears and 
        inserting ``for each of fiscal years 2011 through 2015''; and
            (B) by indenting paragraph (2) appropriately.
    SEC. 242. INDIAN TRIBAL JUSTICE; TECHNICAL AND LEGAL ASSISTANCE.
    (a) Indian Tribal Justice.--
        (1) Base support funding.--Section 103(b) of the Indian Tribal 
    Justice Act (25 U.S.C. 3613(b)) is amended by striking paragraph 
    (2) and inserting the following:
        ``(2) the employment of tribal court personnel, including 
    tribal court judges, prosecutors, public defenders, appointed 
    defense counsel, guardians ad litem, and court-appointed special 
    advocates for children and juveniles;''.
        (2) Tribal justice systems.--Section 201 of the Indian Tribal 
    Justice Act (25 U.S.C. 3621) is amended--
            (A) in subsection (a)--
                (i) by striking ``the provisions of sections 101 and 
            102 of this Act'' and inserting ``sections 101 and 102''; 
            and
                (ii) by striking ``the fiscal years 2000 through 2007'' 
            and inserting ``fiscal years 2011 through 2015'';
            (B) in subsection (b)--
                (i) by striking ``the provisions of section 103 of this 
            Act'' and inserting ``section 103''; and
                (ii) by striking ``the fiscal years 2000 through 2007'' 
            and inserting ``fiscal years 2011 through 2015'';
            (C) in subsection (c), by striking ``the fiscal years 2000 
        through 2007'' and inserting ``fiscal years 2011 through 
        2015''; and
            (D) in subsection (d), by striking ``the fiscal years 2000 
        through 2007'' and inserting ``fiscal years 2011 through 
        2015''.
    (b) Technical and Legal Assistance.--
        (1) Tribal civil legal assistance grants.--Section 102 of the 
    Indian Tribal Justice Technical and Legal Assistance Act of 2000 
    (25 U.S.C. 3662) is amended by inserting ``(including guardians ad 
    litem and court-appointed special advocates for children and 
    juveniles)'' after ``civil legal assistance''.
        (2) Tribal criminal legal assistance grants.--Section 103 of 
    the Indian Tribal Justice Technical and Legal Assistance Act of 
    2000 (25 U.S.C. 3663) is amended by striking ``criminal legal 
    assistance to members of Indian tribes and tribal justice systems'' 
    and inserting ``defense counsel services to all defendants in 
    tribal court criminal proceedings and prosecution and judicial 
    services for tribal courts''.
        (3) Funding.--The Indian Tribal Justice Technical and Legal 
    Assistance Act of 2000 is amended--
            (A) in section 107 (as redesignated by section 
        214(a)(2)(A)), by striking ``2000 through 2004'' and inserting 
        ``2011 through 2015''; and
            (B) in section 201(d) (25 U.S.C. 3681(d)), by striking 
        ``2000 through 2004'' and inserting ``2011 through 2015''.
    SEC. 243. TRIBAL RESOURCES GRANT PROGRAM.
    Section 1701 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3796dd) is amended--
        (1) in subsection (b)--
            (A) in each of paragraphs (1) through (4) and (6) through 
        (17), by inserting ``to'' after the paragraph designation;
            (B) in paragraph (1), by striking ``State and'' and 
        inserting ``State, tribal, or'';
            (C) in paragraphs (9) and (10), by inserting ``, tribal,'' 
        after ``State'' each place it appears;
            (D) in paragraph (15)--
                (i) by striking ``a State in'' and inserting ``a State 
            or Indian tribe in'';
                (ii) by striking ``the State which'' and inserting 
            ``the State or tribal community that''; and
                (iii) by striking ``a State or'' and inserting ``a 
            State, tribal, or'';
            (E) in paragraph (16), by striking ``and'' at the end
            (F) in paragraph (17), by striking the period at the end 
        and inserting ``; and'';
            (G) by redesignating paragraphs (6) through (17) as 
        paragraphs (5) through (16), respectively; and
            (H) by adding at the end the following:
        ``(17) to permit tribal governments receiving direct law 
    enforcement services from the Bureau of Indian Affairs to access 
    the program under this section for use in accordance with 
    paragraphs (1) through (16).''.
        (2) in subsection (i), by striking ``The authority'' and 
    inserting ``Except as provided in subsection (j), the authority''; 
    and
        (3) by adding at the end the following:
    ``(j) Grants to Indian Tribes.--
        ``(1) In general.--Notwithstanding subsection (i) and section 
    1703, and in acknowledgment of the Federal nexus and distinct 
    Federal responsibility to address and prevent crime in Indian 
    country, the Attorney General shall provide grants under this 
    section to Indian tribal governments, for fiscal year 2011 and any 
    fiscal year thereafter, for such period as the Attorney General 
    determines to be appropriate to assist the Indian tribal 
    governments in carrying out the purposes described in subsection 
    (b).
        ``(2) Priority of funding.--In providing grants to Indian 
    tribal governments under this subsection, the Attorney General 
    shall take into consideration reservation crime rates and tribal 
    law enforcement staffing needs of each Indian tribal government.
        ``(3) Federal share.--Because of the Federal nature and 
    responsibility for providing public safety on Indian land, the 
    Federal share of the cost of any activity carried out using a grant 
    under this subsection--
            ``(A) shall be 100 percent; and
            ``(B) may be used to cover indirect costs.
        ``(4) Authorization of appropriations.--There is authorized to 
    be appropriated to carry out this subsection $40,000,000 for each 
    of fiscal years 2011 through 2015.
    ``(k) Report.--Not later than 180 days after the date of enactment 
of this subsection, the Attorney General shall submit to Congress a 
report describing the extent and effectiveness of the Community 
Oriented Policing (COPS) initiative as applied in Indian country, 
including particular references to--
        ``(1) the problem of intermittent funding;
        ``(2) the integration of COPS personnel with existing law 
    enforcement authorities; and
        ``(3) an explanation of how the practice of community policing 
    and the broken windows theory can most effectively be applied in 
    remote tribal locations.''.
    SEC. 244. TRIBAL JAILS PROGRAM.
    (a) In General.--Section 20109 of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 13709) is amended by striking 
subsection (a) and inserting the following:
    ``(a) Reservation of Funds.--Notwithstanding any other provision of 
this part, of amounts made available to the Attorney General to carry 
out programs relating to offender incarceration, the Attorney General 
shall reserve $35,000,000 for each of fiscal years 2011 through 2015 to 
carry out this section.''.
    (b) Regional Detention Centers.--
        (1) In general.--Section 20109 of the Violent Crime Control and 
    Law Enforcement Act of 1994 (42 U.S.C. 13709) is amended by 
    striking subsection (b) and inserting the following:
    ``(b) Grants to Indian Tribes.--
        ``(1) In general.--From the amounts reserved under subsection 
    (a), the Attorney General shall provide grants--
            ``(A) to Indian tribes for purposes of--
                ``(i) construction and maintenance of jails on Indian 
            land for the incarceration of offenders subject to tribal 
            jurisdiction;
                ``(ii) entering into contracts with private entities to 
            increase the efficiency of the construction of tribal 
            jails; and
                ``(iii) developing and implementing alternatives to 
            incarceration in tribal jails;
            ``(B) to Indian tribes for the construction of tribal 
        justice centers that combine tribal police, courts, and 
        corrections services to address violations of tribal civil and 
        criminal laws;
            ``(C) to consortia of Indian tribes for purposes of 
        constructing and operating regional detention centers on Indian 
        land for long-term incarceration of offenders subject to tribal 
        jurisdiction, as the applicable consortium determines to be 
        appropriate.
        ``(2) Priority of funding.--in providing grants under this 
    subsection, the Attorney General shall take into consideration 
    applicable--
            ``(A) reservation crime rates;
            ``(B) annual tribal court convictions; and
            ``(C) bed space needs.
        ``(3) Federal share.--Because of the Federal nature and 
    responsibility for providing public safety on Indian land, the 
    Federal share of the cost of any activity carried out using a grant 
    under this subsection shall be 100 percent.''.
        (2) Conforming amendment.--Section 20109(c) of the Violent 
    Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13709(c)) 
    is amended by inserting ``or consortium of Indian tribes, as 
    applicable,'' after ``Indian tribe''.
        (3) Long-term plan.--Section 20109 of the Violent Crime Control 
    and Law Enforcement Act of 1994 (42 U.S.C. 13709) is amended by 
    adding at the end the following:
    ``(d) Long-term Plan.--Not later than 1 year after the date of 
enactment of this subsection, the Attorney General, in coordination 
with the Bureau of Indian Affairs and in consultation with tribal 
leaders, tribal law enforcement officers, and tribal corrections 
officials, shall submit to Congress a long-term plan to address 
incarceration in Indian country, including--
        ``(1) a description of proposed activities for--
            ``(A) construction, operation, and maintenance of juvenile 
        (in accordance with section 4220(a)(3) of the Indian Alcohol 
        and Substance Abuse Prevention and Treatment Act of 1986 (25 
        U.S.C. 2453(a)(3)) and adult detention facilities (including 
        regional facilities) in Indian country;
            ``(B) contracting with State and local detention centers, 
        on approval of the affected tribal governments; and
            ``(C) alternatives to incarceration, developed in 
        cooperation with tribal court systems;
        ``(2) an assessment and consideration of the construction of 
    Federal detention facilities in Indian country; and
        ``(3) any other alternatives as the Attorney General, in 
    coordination with the Bureau of Indian Affairs and in consultation 
    with Indian tribes, determines to be necessary.''.
    SEC. 245. TRIBAL PROBATION OFFICE LIAISON PROGRAM.
    Title II of the Indian Tribal Justice Technical and Legal 
Assistance Act of 2000 (25 U.S.C. 3681 et seq.) is amended by adding at 
the end the following:
    ``SEC. 203. ASSISTANT PROBATION OFFICERS.
    ``To the maximum extent practicable, the chief judge or chief 
probation or pretrial services officer of each judicial district, in 
coordination with the Office of Tribal Justice and the Office of 
Justice Services, shall--
        ``(1) appoint individuals residing in Indian country to serve 
    as probation or pretrial services officers or assistants for 
    purposes of monitoring and providing services to Federal prisoners 
    residing in Indian country; and
        ``(2) provide substance abuse, mental health, and other related 
    treatment services to offenders residing on Indian land.''.
    SEC. 246. TRIBAL YOUTH PROGRAM.
    (a) Incentive Grants for Local Delinquency Prevention Programs.--
Section 504 of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5783) is amended--
        (1) in subsection (a), by inserting ``, or to federally 
    recognized Indian tribe or consortia of federally recognized Indian 
    tribes under subsection (d)'' after ``subsection (b)''; and
        (2) by adding at the end the following:
    ``(d) Grants for Tribal Delinquency Prevention and Response 
Programs.--
        ``(1) In general.--The Administrator shall make grants under 
    this section, on a competitive basis, to eligible Indian tribes or 
    consortia of Indian tribes, as described in paragraph (2)--
            ``(A) to support and enhance--
                ``(i) tribal juvenile delinquency prevention services; 
            and
                ``(ii) the ability of Indian tribes to respond to, and 
            care for, juvenile offenders; and
            ``(B) to encourage accountability of Indian tribal 
        governments with respect to preventing juvenile delinquency and 
        responding to, and caring for, juvenile offenders.
        ``(2) Eligible indian tribes.--To be eligible to receive a 
    grant under this subsection, an Indian tribe or consortium of 
    Indian tribes shall submit to the Administrator an application in 
    such form and containing such information as the Administrator may 
    require.
        ``(3) Considerations.--In providing grants under this 
    subsection, the Administrator shall take into consideration, with 
    respect to the Indian tribe to be served, the--
            ``(A) juvenile crime rates;
            ``(B) dropout rates; and
            ``(C) number of at-risk youth.
        ``(4) Authorization of appropriations.--There is authorized to 
    be appropriated $25,000,000 for each of fiscal years 2011 through 
    2015.''.
    (b) Coordinating Council on Juvenile Justice and Delinquency 
Prevention.--Section 206(a)(2) of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5616(a)(2)) is amended--
        (1) in subparagraph (A), by striking ``Nine'' and inserting 
    ``Ten''; and
        (2) in subparagraph (B), by adding at the end the following:
                ``(iv) One member shall be appointed by the Chairman of 
            the Committee on Indian Affairs of the Senate, in 
            consultation with the Vice Chairman of that Committee and 
            the Chairman and Ranking Member of the Committee on Natural 
            Resources of the House of Representatives.''.
    SEC. 247. IMPROVING PUBLIC SAFETY PRESENCE IN RURAL ALASKA.
    (a) Definitions.--In this section:
        (1) State.--
            (A) In general.--The term ``State'' means the State of 
        Alaska.
            (B) Inclusion.--The term ``State'' includes any political 
        subdivision of the State of Alaska.
        (2) Village public safety officer.--The term ``village public 
    safety officer'' means an individual employed as a village public 
    safety officer under the program established by the State pursuant 
    to Alaska Statute 18.65.670.
        (3) Tribal organization.--The term ``tribal organization'' has 
    the meaning given that term in section 4 of the Indian Self-
    Determination and Educational Assistance Act (25 U.S.C. 450b(l)).
    (b) COPS Grants.--The State and any Indian tribe or tribal 
organization in the State that employs a village public safety officer 
shall be eligible to apply for a grant under section 1701 of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) 
(provided that only an Indian tribe or tribal organization may receive 
a grant under the tribal resources grant program under subsection (j) 
of that section) on an equal basis with other eligible applicants for 
funding under that section.
    (c) Staffing for Adequate Fire and Emergency Response Grants.--The 
State and any Indian tribe or tribal organization in the State that 
employs a village public safety officer shall be eligible to apply for 
a grant under the Staffing for Adequate Fire and Emergency Response 
program under section 34 of the Federal Fire Prevention and Control Act 
of 1974 (15 U.S.C. 2229a) on an equal basis with other eligible 
applicants for funding under that program.
    (d) Training for Village Public Safety Officers and Tribal Law 
Enforcement Positions Funded Under COPS Program.--
        (1) In general.--Any village public safety officer or tribal 
    law enforcement officer in the State shall be eligible to 
    participate in any training program offered at the Indian Police 
    Academy of the Federal Law Enforcement Training Center.
        (2) Funding.--Funding received pursuant to grants approved 
    under section 1701 of the Omnibus Crime Control and Safe Streets 
    Act of 1968 (42 U.S.C. 3796dd) may be used for training of officers 
    at programs described in paragraph (1) or at a police academy in 
    the State certified by the Alaska Police Standards Council.
    (e) Funds for Courts of Law Enforcement Officers.--Section 112(a) 
of the Consolidated Appropriations Act, 2004 (Public Law 108-199; 118 
Stat. 62) is amended--
        (1) by striking paragraph (1);
        (2) by redesignating subparagraphs (A) and (B) of paragraph (2) 
    as paragraphs (1) and (2), respectively, and indenting 
    appropriately; and
        (3) by redesignating clauses (i) through (iv) of paragraph (2) 
    (as so redesignated) as subparagraphs (A) through (D), 
    respectively, and indenting appropriately.

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

    SEC. 251. TRACKING OF CRIMES COMMITTED IN INDIAN COUNTRY.
    (a) Gang Violence.--Section 1107 of the Violence Against Women and 
Department of Justice Reauthorization Act of 2005 (28 U.S.C. 534 note; 
Public Law 109-162) is amended--
        (1) in subsection (a)--
            (A) by redesignating paragraphs (8) through (12) as 
        paragraphs (9) through (13), respectively;
            (B) by inserting after paragraph (7) the following:
        ``(8) the Office of Justice Services of the Bureau of Indian 
    Affairs;'';
            (C) in paragraph (9) (as redesignated by subparagraph (A)), 
        by striking ``State'' and inserting ``tribal, State,''; and
            (D) in paragraphs (10) through (12) (as redesignated by 
        subparagraph (A)), by inserting ``tribal,'' before ``State,'' 
        each place it appears; and
        (2) in subsection (b), by inserting ``tribal,'' before 
    ``State,'' each place it appears.
    (b) Bureau of Justice Statistics.--Section 302 of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3732) is amended--
        (1) in subsection (c)--
            (A) in each of paragraphs (3) through (6), by inserting 
        ``tribal,'' after ``State,'' each place it appears;
            (B) in paragraph (7), by inserting ``and in Indian 
        country'' after ``States'';
            (C) in paragraph (9), by striking ``Federal and State 
        Governments'' and inserting ``Federal Government and State and 
        tribal governments'';
            (D) in each of paragraphs (10) and (11), by inserting ``, 
        tribal,'' after ``State'' each place it appears;
            (E) in paragraph (13), by inserting ``, Indian tribes,'' 
        after ``States'';
            (F) in paragraph (17)--
                (i) by striking ``State and local'' and inserting 
            ``State, tribal, and local''; and
                (ii) by striking ``State, and local'' and inserting 
            ``State, tribal, and local'';
            (G) in paragraph (18), by striking ``State and local'' and 
        inserting ``State, tribal, and local'';
            (H) in paragraph (19), by inserting ``and tribal'' after 
        ``State'' each place it appears;
            (I) in paragraph (20), by inserting ``, tribal,'' after 
        ``State''; and
            (J) in paragraph (22), by inserting ``, tribal,'' after 
        ``Federal'';
        (2) in subsection (d)--
            (A) by redesignating paragraphs (1) through (6) as 
        subparagraphs (A) through (F), respectively, and indenting the 
        subparagraphs appropriately;
            (B) by striking ``To insure'' and inserting the following:
        ``(1) In general.--To ensure''; and
            (C) by adding at the end the following:
        ``(2) Consultation with indian tribes.--The Director, acting 
    jointly with the Assistant Secretary for Indian Affairs (acting 
    through the Office of Justice Services) and the Director of the 
    Federal Bureau of Investigation, shall work with Indian tribes and 
    tribal law enforcement agencies to establish and implement such 
    tribal data collection systems as the Director determines to be 
    necessary to achieve the purposes of this section.'';
        (3) in subsection (e), by striking ``subsection (d)(3)'' and 
    inserting ``subsection (d)(1)(C)'';
        (4) in subsection (f)--
            (A) in the subsection heading, by inserting ``, Tribal,'' 
        after ``State''; and
            (B) by inserting ``, tribal,'' after ``State''; and
        (5) by adding at the end the following:
    ``(g) Reports.--Not later than 1 year after the date of enactment 
of this subsection, and annually thereafter, the Director shall submit 
to Congress a report describing the data collected and analyzed under 
this section relating to crimes in Indian country.''.
    (c) Effect of Grants.--Nothing in this section or any amendment 
made by this section--
        (1) allows the grant to be made to, or used by, an entity for 
    law enforcement activities that the entity lacks jurisdiction to 
    perform; or
        (2) has any effect other than to authorize, award, or deny a 
    grant of funds to a federally recognized Indian tribe for the 
    purposes described in the relevant grant program.
    SEC. 252. CRIMINAL HISTORY RECORD IMPROVEMENT PROGRAM.
    (a) In General.--Section 1301(a) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796h(a)) is amended by inserting 
``, tribal,'' after ``State''.
    (b) Effect of Grants.--Nothing in this section or any amendment 
made by this section--
        (1) allows the grant to be made to, or used by, an entity for 
    law enforcement activities that the entity lacks jurisdiction to 
    perform; or
        (2) has any effect other than to authorize, award, or deny a 
    grant of funds to a federally recognized Indian tribe for the 
    purposes described in the relevant grant program.

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

    SEC. 261. PRISONER RELEASE AND REENTRY.
    (a) Duties of Bureau of Prisons.--Section 4042 of title 18, United 
States Code, is amended--
        (1) in subsection (a)(4), by inserting ``, tribal,'' after 
    ``State'';
        (2) in subsection (b)(1), in the first sentence, by striking 
    ``officer of the State and of the local jurisdiction'' and 
    inserting ``officers of each State, tribal, and local 
    jurisdiction''; and
        (3) in subsection (c)(1)--
            (A) in subparagraph (A), by striking ``officer of the State 
        and of the local jurisdiction'' and inserting ``officer of each 
        State, tribal, and local jurisdiction''; and
            (B) in subparagraph (B), by inserting ``, tribal,'' after 
        ``State'' each place it appears.
    (b) Authority of Institute; Time; Records of Recipients; Access; 
Scope of Section.--Section 4352(a) of title 18, United States Code, is 
amended--
        (1) in paragraphs (1), (3), (4), and (8), by inserting 
    ``tribal,'' after ``State,'' each place it appears;
        (2) in paragraph (6)--
            (A) by inserting ``and tribal communities,'' after 
        ``States''; and
            (B) by inserting ``, tribal,'' after ``State''; and
        (3) in paragraph (12) by inserting ``, tribal,'' after 
    ``State''.
    SEC. 262. DOMESTIC AND SEXUAL VIOLENCE OFFENSE TRAINING.
    Section 3(c)(9) of the Indian Law Enforcement Reform Act (25 U.S.C. 
2802(c)(9)) (as amended by section 211(a)(2)) is amended by inserting 
before the semicolon at the end the following: ``, including training 
to properly interview victims of domestic and sexual violence and to 
collect, preserve, and present evidence to Federal and tribal 
prosecutors to increase the conviction rate for domestic and sexual 
violence offenses for purposes of addressing and preventing domestic 
and sexual violent offenses''.
    SEC. 263. TESTIMONY BY FEDERAL EMPLOYEES.
    The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et seq.) (as 
amended by section 235) is amended by adding at the end the following:
  ``SEC. 16. TESTIMONY BY FEDERAL EMPLOYEES.
    ``(a) Approval of Employee Testimony or Documents.--
        ``(1) In general.--The Director of the Office of Justice 
    Services or the Director of the Indian Health Service, as 
    appropriate (referred to in this section as the `Director 
    concerned'), shall approve or disapprove, in writing, any request 
    or subpoena from a tribal or State court for a law enforcement 
    officer, sexual assault nurse examiner, or other employee under the 
    supervision of the Director concerned to provide documents or 
    testimony in a deposition, trial, or other similar criminal 
    proceeding regarding information obtained in carrying out the 
    official duties of the employee.
        ``(2) Deadline.--The court issuing a subpoena under paragraph 
    (1) shall provide to the appropriate Federal employee (or agency in 
    the case of a document request) notice regarding the request to 
    provide testimony (or release a document) by not less than 30 days 
    before the date on which the testimony will be provided.
    ``(b) Approval.--
        ``(1) In general.--The Director concerned shall approve a 
    request or subpoena under subsection (a) if the request or subpoena 
    does not violate the policy of the Department to maintain 
    impartiality.
        ``(2) Failure to approve.--If the Director concerned fails to 
    approve or disapprove a request or subpoena for testimony or 
    release of a document by the date that is 30 days after the date of 
    receipt of notice of the request or subpoena, the request or 
    subpoena shall be considered to be approved for purposes of this 
    section.''.
    SEC. 264. COORDINATION OF FEDERAL AGENCIES.
    Any report of the Secretary of Health and Human Services to 
Congress on the development of Indian victim services and victim 
advocate training programs shall include any recommendations that the 
Secretary determines to be necessary to prevent the sex trafficking of 
Indian women.
    SEC. 265. SEXUAL ASSAULT PROTOCOL.
    The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et seq.) (as 
amended by section 236) is amended by adding at the end the following:
  ``SEC. 17. POLICIES AND PROTOCOL.
    ``The Director of the Indian Health Service, in coordination with 
the Director of the Office of Justice Services and the Director of the 
Office on Violence Against Women of the Department of Justice, in 
consultation with Indian Tribes and Tribal Organizations, and in 
conference with Urban Indian Organizations, shall develop standardized 
sexual assault policies and protocol for the facilities of the Service, 
based on similar protocol that has been established by the Department 
of Justice.''.
    SEC. 266. STUDY OF IHS SEXUAL ASSAULT AND DOMESTIC VIOLENCE 
      RESPONSE CAPABILITIES.
    (a) Study.--The Comptroller General of the United States shall--
        (1) conduct a study of the capability of Indian Health Service 
    facilities in remote Indian reservations and Alaska Native 
    villages, including facilities operated pursuant to contracts or 
    compacts under the Indian Self-Determination and Education 
    Assistance Act (25 U.S.C. 450b et seq.), to collect, maintain, and 
    secure evidence of sexual assaults and domestic violence incidents 
    required for criminal prosecution; and
        (2) develop recommendations for improving those capabilities.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall submit to the Committee on 
Indian Affairs of the Senate and the Committee on Natural Resources of 
the House of Representatives a report describing the results of the 
study under subsection (a), including the recommendations developed 
under that subsection, if any.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```