II 

Calendar No. 77 

116TH CONGRESS 

1ST SESSION S. 210 

[Report No. 116–37] 

To amend the Tribal Law and Order Act of 2010 and the Indian Law 

Enforcement Reform Act to provide for advancements in public safety 

services to Indian communities, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2019 

Mr. HOEVEN (for himself, Ms. MCSALLY, Mr. BARRASSO, and Mr. CRAMER) 

introduced the following bill; which was read twice and referred to the 

Committee on Indian Affairs 

MAY 6, 2019 

Reported by Mr. HOEVEN, without amendment 

A BILL 

To amend the Tribal Law and Order Act of 2010 and 

the Indian Law Enforcement Reform Act to provide for 

advancements in public safety services to Indian communities, and for other purposes. 

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


pamtmann on DSKBFK8HB2PROD with BILLS
2 

•S 210 RS

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Tribal Law and Order Reauthorization and Amendments 

4 Act of 2019’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

TITLE I—TRIBAL LAW AND ORDER 

Sec. 101. Bureau of Indian Affairs law enforcement. 

Sec. 102. Authority to execute emergency orders. 

Sec. 103. Detention services. 

Sec. 104. Tribal law enforcement Officers. 

Sec. 105. Oversight, coordination, and accountability. 

Sec. 106. Integration and coordination of programs. 

Sec. 107. Data sharing with Indian tribes. 

Sec. 108. Judicial administration in Indian country. 

Sec. 109. Federal notice. 

Sec. 110. Detention facilities. 

Sec. 111. Reauthorization for tribal courts training. 

Sec. 112. Public defenders. 

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

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

prevention. 

Sec. 115. Substance abuse prevention tribal action plans. 

Sec. 116. Office of Justice Services spending report. 

Sec. 117. Trafficking Victims Protection. 

Sec. 118. Reporting on Indian victims of trafficking. 

TITLE II—IMPROVING JUSTICE FOR INDIAN YOUTH 

Sec. 201. Federal jurisdiction over Indian juveniles. 

Sec. 202. Reauthorization of tribal youth programs. 

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

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

Sec. 205. Grants for delinquency prevention programs. 

7 SEC. 2. FINDINGS. 

8 Congress finds that— 

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

10 U.S.C. 2801 note; Public Law 111–211) was enVerDate Sep 11 2014 22:55 May 06, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S210.RS S210

pamtmann on DSKBFK8HB2PROD with BILLS
3 

•S 210 RS

1 acted to enhance law enforcement services, encour2 age interagency cooperation, and improve Federal 

3 accountability for public safety in Indian commu4 nities; 

5 (2) in 2013, the Bureau of Indian Affairs re6 ported increases in property crimes and violent 

7 crimes in Indian country; 

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

9 2014, 34 percent of the total Indian country crimi10 nal matters submitted for prosecution were declined, 

11 a percentage that has not decreased significantly 

12 since the date of enactment of the Tribal Law and 

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

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

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

16 factor to violence and crime in Indian communities; 

17 (5) substance abuse prevention and treatment, 

18 including detention-based treatment, are critical to 

19 reducing the rates of recidivism in Indian commu20 nities; 

21 (6) during the period beginning in 2010 and 

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

23 number of law enforcement officers working on pub24 lic safety in Indian country has slightly increased, 

25 but according to the Bureau of Indian Affairs, only 


pamtmann on DSKBFK8HB2PROD with BILLS
4 

•S 210 RS

1 approximately 43 percent of the total need for those 

2 officers is currently being met; 

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

4 the date of enactment of this Act, the Shadow 

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

6 Immigration and Customs Enforcement, have been 

7 deployed throughout the Tohono O’odham Nation 

8 reservation in Arizona and have been operating in 

9 an area— 

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

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

12 square miles of which is an area located along 

13 the United States border with Mexico; 

14 (B) in which approximately 28,000 Indians 

15 reside; and 

16 (C) that has been targeted by criminal or17 ganizations for use as a major corridor to de18 liver contraband from Mexico to locations 

19 throughout the United States, including other 

20 Indian reservations; 

21 (8) many Bureau of Indian Affairs and tribal 

22 detention facilities continue to operate in over23 crowded conditions; 

24 (9) tribes continue to encounter barriers to ac25 cessing and entering information into national crime 


pamtmann on DSKBFK8HB2PROD with BILLS
5 

•S 210 RS

1 information databases for criminal and civil pur2 poses and additional options are needed to ensure 

3 Indian tribes can fully participate in the 2-way shar4 ing of criminal justice information so that all tribal 

5 justice and public safety agencies have access to the 

6 data needed to keep their communities safe; 

7 (10) American Indian and Alaska Native juve8 niles are overrepresented in Federal and State juve9 nile justice systems; 

10 (11) there is a lack of training (including trau11 ma-informed training and practices), collaboration, 

12 communication, and cooperation among government 

13 agencies regarding juvenile justice for Indian youth; 

14 (12) tribal youth in the Federal justice sys15 tem— 

16 (A) may spend more time in secure con17 finement than youth in State justice systems, 

18 sometimes by several years; and 

19 (B) may be placed in facilities located far 

20 away from the communities and families of the 

21 tribal youth; and 

22 (13) appropriate services for tribal youth in the 

23 Federal and tribal justice systems are unavailable. 


pamtmann on DSKBFK8HB2PROD with BILLS
6 

•S 210 RS

1 TITLE I—TRIBAL LAW AND 

2 ORDER 

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

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

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

7 amended— 

8 (1) by striking paragraph (13); 

9 (2) by redesignating paragraphs (14) through 

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

11 and 

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

13 redesignated)— 

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

16 ‘‘a list’’; and 

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

18 emergency communications and technology 

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

21 and other administrative and supporting needs 

22 of program operations, including information 

23 technology and other equipment, travel, and 

24 training’’. 


pamtmann on DSKBFK8HB2PROD with BILLS
7 

•S 210 RS

1 (b) ALLOWANCE FOR RENTALS OF QUARTERS AND

2 FACILITIES.—Section 8 of the Indian Law Enforcement 

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

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

6 the limitation’’ and inserting the following: 

7 ‘‘SEC. 8. ALLOWANCES. 

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

9 and 

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

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

12 Notwithstanding section 5911 of title 5, United States 

13 Code, the Secretary, on recommendation of the Director 

14 of the Office of Justice Services, shall establish applicable 

15 rental rates for quarters and facilities for employees of the 

16 Office of Justice Services.’’. 

17 (c) BACKGROUND CHECKS FOR TRIBAL JUSTICE OF18 FICIALS.— 

19 (1) IN GENERAL.—The Office of Justice Serv20 ices of the Bureau of Indian Affairs shall develop 

21 standards and deadlines for the provision of back22 ground checks to tribal law enforcement and correc23 tions officials. 

24 (2) TIMING.— 


pamtmann on DSKBFK8HB2PROD with BILLS
8 

•S 210 RS

1 (A) TIMING.—If a request for a back2 ground check is made by an Indian tribe that 

3 has contracted or entered into a compact for 

4 law enforcement or corrections services with the 

5 Bureau of Indian Affairs pursuant to the In6 dian Self-Determination and Education Assist7 ance Act (25 U.S.C. 5304 et seq.), the Office 

8 of Justice Services shall complete the check not 

9 later than 60 days after the date of receipt of 

10 a completed background application package, 

11 containing all of the documentation and infor12 mation requested by the Office of Justice Serv13 ices. 

14 (B) EXTENSION.—The Office of Justice 

15 Services may extend the 60-day period required 

16 under subparagraph (A) for completion of a 

17 background request for not more than an addi18 tional 30 days upon written notice to the Indian 

19 tribe that states the reason for the extension. 

20 (3) ESTABLISHMENT OF PROGRAM.— 

21 (A) IN GENERAL.—The Secretary of the 

22 Interior (referred to in this paragraph as the 

23 ‘‘Secretary’’) shall establish a demonstration 

24 program for the purpose of conducting or adju25 dicating, in coordination with the Director of 


pamtmann on DSKBFK8HB2PROD with BILLS
9 

•S 210 RS

1 the Bureau of Indian Affairs, personnel back2 ground investigations for applicants for law en3 forcement positions in the Bureau of Indian Af4 fairs. 

5 (B) BACKGROUND INVESTIGATIONS AND

6 SECURITY CLEARANCE DETERMINATIONS.— 

7 (i) BIA INVESTIGATIONS.—As part of 

8 the demonstration program established 

9 under this paragraph, the Secretary, 

10 through the Office of Justice Services, is 

11 authorized to carry out a background in12 vestigation, security clearance determina13 tion, or both a background investigation 

14 and a security clearance determination for 

15 an applicant for a law enforcement position 

16 in the Bureau of Indian Affairs. 

17 (ii) USE OF PREVIOUS INVESTIGA18 TIONS AND DETERMINATIONS.— 

19 (I) IN GENERAL.—Subject to 

20 subclause (II), as part of the dem21 onstration program established under 

22 this paragraph, the Secretary, in adju23 dicating background investigations for 

24 applicants for law enforcement posi25 tions in the Bureau of Indian Affairs, 


pamtmann on DSKBFK8HB2PROD with BILLS
10 

•S 210 RS

1 shall consider previous background in2 vestigations for an applicant, security 

3 clearance determinations for an appli4 cant, or both background investiga5 tions and security clearance deter6 minations for an applicant, as the 

7 case may be, that have been con8 ducted by a State, local, or Tribal 

9 Government, or by the Bureau of In10 dian Affairs, within the 5-year period 

11 preceding the application for employ12 ment with the Bureau of Indian Af13 fairs. 

14 (II) QUALITY.—The Secretary 

15 shall only consider previous back16 ground investigations and security 

17 clearance determinations for an appli18 cant that have been conducted by a 

19 State, local, or Tribal Government if 

20 the Secretary can verify that those 

21 previous investigations and determina22 tions, as the case may be, are of a 

23 comparable quality and thoroughness 

24 to investigations and determinations 

25 carried out by the Bureau of Indian 


pamtmann on DSKBFK8HB2PROD with BILLS
11 

•S 210 RS

1 Affairs, the Office of Personnel Man2 agement, or another Federal agency. 

3 (III) ADDITIONAL INVESTIGA4 TION.—If, as described in subclause 

5 (I), the Secretary considers an exist6 ing background investigation, security 

7 clearance determination, or both, as 

8 the case may be, for an applicant that 

9 has been carried out by a State, local, 

10 or Tribal Government, or by the Bu11 reau of Indian Affairs, the Sec12 retary— 

13 (aa) may carry out addi14 tional investigation and examina15 tion of the applicant if the Sec16 retary determines that such addi17 tional information is needed in 

18 order to make an appropriate de19 termination as to the character 

20 and trustworthiness of the appli21 cant before final adjudication can 

22 be made and a security clearance 

23 can be issued; and 

24 (bb) shall not initiate a new 

25 background investigation process 


pamtmann on DSKBFK8HB2PROD with BILLS
12 

•S 210 RS

1 with the National Background 

2 Investigations Bureau or other 

3 Federal agency unless that new 

4 background investigation process 

5 covers a period of time that was 

6 not covered by a previous back7 ground investigation process. 

8 (IV) AGREEMENTS.—The Sec9 retary may enter into a Memorandum 

10 of Agreement with a State, local, or 

11 Tribal Government to develop steps to 

12 expedite the process of receiving and 

13 obtaining access to background inves14 tigation and security clearance deter15 minations for use in the demonstra16 tion program. 

17 (C) SUNSET.—The demonstration program 

18 established under this paragraph shall termi19 nate 5 years after the date of the commence20 ment of the program. 

21 (D) SUFFICIENCY.—Notwithstanding any 

22 other provision of law, a background investiga23 tion conducted or adjudicated by the Secretary 

24 pursuant to the demonstration program author25 ized under this paragraph that results in the 


pamtmann on DSKBFK8HB2PROD with BILLS
13 

•S 210 RS

1 granting of a security clearance to an applicant 

2 for a law enforcement position in the Bureau of 

3 Indian Affairs shall be sufficient to meet the 

4 applicable requirements of the Office of Per5 sonnel Management or other Federal agency for 

6 such investigations. 

7 (E) ANNUAL REPORT.—The Secretary 

8 shall submit an annual report to the Committee 

9 on Indian Affairs of the Senate and the Com10 mittee on Natural Resources of the House of 

11 Representatives on the demonstration program 

12 established under this paragraph, which shall 

13 include a description of— 

14 (i) the demonstration program and 

15 any relevant annual changes or updates to 

16 the program; 

17 (ii) the number of background inves18 tigations carried out under the program; 

19 (iii) the costs, including any cost sav20 ings, associated with the investigation and 

21 adjudication process under the program; 

22 (iv) the processing times for the inves23 tigation and adjudication processes under 

24 the program; 


pamtmann on DSKBFK8HB2PROD with BILLS
14 

•S 210 RS

1 (v) any Memoranda of Agreement en2 tered into with State, local, or Tribal Gov3 ernments; and 

4 (vi) any other information that the 

5 Secretary determines to be relevant. 

6 (F) GAO STUDY AND REPORT.— 

7 (i) INITIAL REPORT.—Not later than 

8 18 months after the beginning of the dem9 onstration program under this paragraph, 

10 the Comptroller General of the United 

11 States shall prepare and submit to Con12 gress an initial report on such demonstra13 tion program. 

14 (ii) FINAL REPORT.—Not later than 3 

15 years after the beginning of the dem16 onstration program under this paragraph, 

17 the Comptroller General of the United 

18 States shall prepare and submit to Con19 gress a final report on such demonstration 

20 program. 

21 (iii) TRIBAL INPUT.—In preparing the 

22 reports under this subparagraph, the 

23 Comptroller General shall prioritize input 

24 from Indian Tribes regarding the dem25 onstration program under this paragraph. 


pamtmann on DSKBFK8HB2PROD with BILLS
15 

•S 210 RS

1 (d) LAW ENFORCEMENT AND JUDICIAL TRAINING.— 

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

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

4 2451(b)) is amended by striking ‘‘2011 through 2015’’ 

5 and inserting ‘‘2020 through 2024’’. 

6 (e) PUBLIC SAFETY AND COMMUNITY POLICING

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

8 and Safe Streets Act of 1968 (34 U.S.C. 10381(j)) is 

9 amended— 

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

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

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

13 through 2015’’ and inserting ‘‘2020 through 2024’’. 

14 SEC. 102. AUTHORITY TO EXECUTE EMERGENCY ORDERS. 

15 Section 4 of the Indian Law Enforcement Reform Act 

16 (25 U.S.C. 2803) is amended— 

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

18 striking ‘‘The Secretary’’ and inserting: 

19 ‘‘(a) The Secretary’’; and 

20 (2) by adding after subsection (a), the fol21 lowing: 

22 ‘‘(b)(1) In addition to the activities described in sub23 section (a), the Secretary may authorize employees of the 

24 Bureau with law enforcement responsibilities to execute 

25 an emergency civil order of detention (referred to in this 


pamtmann on DSKBFK8HB2PROD with BILLS
16 

•S 210 RS

1 section as an ‘EOD’), or take an individual into protective 

2 custody for emergency mental health purposes, and trans3 port that individual to an appropriate mental health facil4 ity, when— 

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

6 competent civil jurisdiction pursuant to an EOD 

7 (when that court has determined the individual likely 

8 poses serious harm to himself or herself or others, 

9 and to the extent that the individual can be detained 

10 in a mental health treatment facility); or 

11 ‘‘(B) in the absence of an EOD, an employee 

12 who is authorized by State or tribal law to take an 

13 individual into protective custody for emergency 

14 mental health purposes reasonably believes that an 

15 individual is mentally ill, alcohol-dependent, or drug16 dependent to such a degree that immediate emer17 gency action is necessary due to the likelihood of se18 rious harm to that individual or others. 

19 ‘‘(2) In carrying out this subsection, Bureau employ20 ees with law enforcement responsibilities— 

21 ‘‘(A) shall take or cause such individual to be 

22 taken into custody and immediately transport that 

23 individual to the nearest mental health facility, ei24 ther within or outside of Indian country, for an ini25 tial assessment or other appropriate treatment; and 


pamtmann on DSKBFK8HB2PROD with BILLS
17 

•S 210 RS

1 ‘‘(B) will be given the full coverage and protec2 tion of chapter 171 of title 28, United States Code 

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

4 and any other Federal tort liability statute, both 

5 within and outside of Indian country. 

6 ‘‘(3) Before implementing this subsection, the Office 

7 of Justice Services of the Bureau of Indian Affairs and 

8 the United States Indian Police Academy shall— 

9 ‘‘(A) establish appropriate standards regarding 

10 experience, mental health and disability education, 

11 and other relevant qualifications for Bureau employ12 ees who are law enforcement personnel implementing 

13 this subsection; and 

14 ‘‘(B) provide training for such Bureau employ15 ees. 

16 ‘‘(4) Not later than 180 days after the date of enact17 ment of this subsection, the Bureau shall enter into agree18 ments with State and tribal mental health officials that 

19 outline the process for carrying out an EOD or taking an 

20 individual into protective custody in a case in which Bu21 reau law enforcement provides the primary law enforce22 ment to a tribe. 

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

24 $1,500,000 to the Office of Justice Services of the Bureau 


pamtmann on DSKBFK8HB2PROD with BILLS
18 

•S 210 RS

1 of Indian Affairs to implement this subsection, which shall 

2 remain available until expended.’’. 

3 SEC. 103. DETENTION SERVICES. 

4 (a) INCARCERATED INDIVIDUALS.—In accordance 

5 with the Act of August 5, 1954 (42 U.S.C. 2001 et seq.) 

6 (commonly referred to as the ‘‘Transfer Act’’), the Indian 

7 Health Service shall be responsible for the medical care 

8 and treatment of all Indians detained or incarcerated in 

9 a Bureau of Indian Affairs or tribal detention or correc10 tional center. Care shall be provided to those individuals 

11 without regard to the individual’s normal domicile. 

12 (b) MEMORANDUM OF AGREEMENT.—The Bureau of 

13 Indian Affairs and the Indian Health Service shall enter 

14 a memorandum of agreement to implement this section. 

15 Such agreement shall include provisions regarding appro16 priate training, treatment locations for detained or incar17 cerated individuals, and other matters relating to medical 

18 care and treatment under this section. 

19 SEC. 104. TRIBAL LAW ENFORCEMENT OFFICERS. 

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

21 2801 et seq.) is amended by inserting after section 4 the 

22 following: 

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

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

25 law, law enforcement officers of any Indian tribe that has 


pamtmann on DSKBFK8HB2PROD with BILLS
19 

•S 210 RS

1 contracted or compacted any or all Federal law enforce2 ment functions through the Indian Self-Determination 

3 and Education Assistance Act (25 U.S.C. 5301 et seq.) 

4 shall have the authority to enforce Federal law within the 

5 area under the tribe’s jurisdiction, if— 

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

7 ‘‘(A) completed training that is comparable 

8 to that of an employee of the Office of Justice 

9 Services of the Bureau of Indian Affairs who is 

10 providing the same services in Indian country, 

11 as determined by the Director of the Office of 

12 Justice Services of the Bureau of Indian Affairs 

13 or the Director’s designee; 

14 ‘‘(B) passed an adjudicated background in15 vestigation equivalent to that of an employee of 

16 the Office of Justice Services of the Bureau of 

17 Indian Affairs who is providing the same serv18 ices in Indian country; and 

19 ‘‘(C) received a certification from the Of20 fice of Justice Services of the Bureau of Indian 

21 Affairs, as described in subsection (c); and 

22 ‘‘(2) the tribe has adopted policies and proce23 dures that meet or exceed those of the Office of Jus24 tice Services of the Bureau of Indian Affairs for the 

25 same program, service, function, or activity. 


pamtmann on DSKBFK8HB2PROD with BILLS
20 

•S 210 RS

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

2 Secretary through an Indian Self-Determination and Edu3 cation Assistance Act (25 U.S.C. 5301 et seq.) contract 

4 or compact, a tribal law enforcement officer shall be 

5 deemed to be a Federal law enforcement officer for the 

6 purposes of— 

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

8 States Code; 

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

10 subchapter III of chapter 81 of title 5, United 

11 States Code; and 

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

13 Code (commonly known as the ‘Federal Tort Claims 

14 Act’). 

15 ‘‘(c)(1) Not later than 12 months after the date of 

16 enactment of this section, the Secretary shall develop pro17 cedures for the credentialing of tribal officers under this 

18 section, independent of section 5, to provide confirmation 

19 that tribal officers meet minimum certification standards 

20 and training requirements for Indian country peace offi21 cers, as proscribed by the Secretary. 

22 ‘‘(2) Tribal law enforcement officers who choose to 

23 attend a State or other equivalent training program ap24 proved by the Director of the Office of Justice Services 

25 of the Bureau of Indian Affairs, or the Director’s desVerDate Sep 11 2014 22:55 May 06, 2019 Jkt 089200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S210.RS S210

pamtmann on DSKBFK8HB2PROD with BILLS
21 

•S 210 RS

1 ignee, rather than attend the Indian Police Academy, shall 

2 be required to attend the IPA Bridge Program, or an 

3 equivalent program, prior to receiving a certification under 

4 this subsection.’’. 

5 SEC. 105. OVERSIGHT, COORDINATION, AND ACCOUNT6 ABILITY. 

7 The Attorney General, acting through the Deputy At8 torney General, shall coordinate and provide oversight for 

9 all Department of Justice activities, responsibilities, func10 tions, and programs to ensure a coordinated approach for 

11 public safety in Indian communities, accountability, and 

12 compliance with Federal law, including— 

13 (1) the timely submission of reports to Con14 gress; 

15 (2) robust training, as required under Federal 

16 law and as needed or requested by Indian tribes or 

17 Federal and State officials relating to— 

18 (A) public safety in Indian communities; 

19 and 

20 (B) training outcomes demonstrating a 

21 better understanding of public safety ap22 proaches in Indian communities; 

23 (3) the updating and improvements to United 

24 States attorney operational plans; 


pamtmann on DSKBFK8HB2PROD with BILLS
22 

•S 210 RS

1 (4) comprehensive evaluation and analysis of 

2 data, including approaches to collecting better data, 

3 relating to public safety in Indian communities; and 

4 (5) other duties or responsibilities as needed to 

5 improve public safety in Indian communities. 

6 SEC. 106. INTEGRATION AND COORDINATION OF PRO7 GRAMS. 

8 (a) IN GENERAL.— 

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

10 after the date of enactment of this Act, the Sec11 retary of the Interior, the Secretary of Health and 

12 Human Services, and the Attorney General shall 

13 consult with Indian tribes regarding— 

14 (A) the feasibility and effectiveness of the 

15 establishment of base funding for, and the inte16 gration and consolidation of, Federal law en17 forcement, public safety, and substance abuse 

18 and mental health programs designed to sup19 port Indian tribal communities, for the pur20 poses of coordinating the programs, reducing 

21 administrative costs, and improving services for 

22 Indian tribes, individual Indians, and Indian 

23 communities; 


pamtmann on DSKBFK8HB2PROD with BILLS
23 

•S 210 RS

1 (B) the use of a single application and re2 porting system for the consolidated approach 

3 described in subparagraph (A); 

4 (C) the application of chapter 75 of title 

5 31, United States Code (commonly known as 

6 the ‘‘Single Audit Act’’) to the consolidated ap7 proach described in subparagraph (A); 

8 (D) the processes for, and approaches for 

9 addressing delays in, interagency transfer of 

10 funds for the consolidated approach described 

11 in subparagraph (A); 

12 (E) the method for Federal oversight for 

13 the consolidated approach described in subpara14 graph (A); and 

15 (F) any legal or administrative barriers to 

16 the implementation of the consolidated ap17 proach described in subparagraph (A). 

18 (2) RESPONSIBILITIES.—As part of the con19 sultation described in paragraph (1), each applicable 

20 unit of the Department of the Interior, the Depart21 ment of Health and Human Services, and the De22 partment of Justice shall identify— 

23 (A) each program under the jurisdiction of 

24 that unit that is designed to support Indian 

25 tribal communities; and 


pamtmann on DSKBFK8HB2PROD with BILLS
24 

•S 210 RS

1 (B) the regulations governing each pro2 gram described in subparagraph (A). 

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

4 years after the date of enactment of this Act, the 

5 Secretary of the Interior, the Secretary of Health 

6 and Human Services, and the Attorney General shall 

7 jointly submit to the Committee on Indian Affairs of 

8 the Senate, the Committee on Natural Resources of 

9 the House of Representatives, and the Committee on 

10 the Judiciary of the House of Representatives a plan 

11 that includes— 

12 (A) the findings of the consultation de13 scribed in paragraph (1); 

14 (B) the programs identified in accordance 

15 with paragraph (2); 

16 (C) any legal or administrative barriers to 

17 the implementation of the consolidated ap18 proach described in paragraph (1)(A); and 

19 (D) a method, approach, and timeline for 

20 implementing the integration and consolidation 

21 described in paragraph (1)(A). 

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

23 months after the date of enactment of this Act, the Attor24 ney General shall conduct an evaluation of and submit to 

25 the Committee on Indian Affairs of the Senate, the ComVerDate Sep 11 2014 22:55 May 06, 2019 Jkt 089200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S210.RS S210

pamtmann on DSKBFK8HB2PROD with BILLS
25 

•S 210 RS

1 mittee on Natural Resources of the House of Representa2 tives, the Committee on the Judiciary of the Senate, and 

3 the Committee on the Judiciary of the House of Rep4 resentatives a report on— 

5 (1) law enforcement grants and other resources 

6 made available to State, local, and tribal govern7 ments under current requirements encouraging 

8 intergovernmental cooperation; 

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

10 intergovernmental cooperation between State, local, 

11 and tribal governments; and 

12 (3) recommendations, if any, for incentivizing 

13 intergovernmental cooperation, including any legisla14 tion or regulations needed to achieve those incen15 tives. 

16 (c) INTERAGENCY COORDINATION AND COOPERA17 TION.— 

18 (1) MEMORANDUM OF AGREEMENT.— 

19 (A) IN GENERAL.—Not later than 18 

20 months after the date of enactment of this Act, 

21 the Attorney General, acting through the Bu22 reau of Prisons, the Secretary of the Interior, 

23 acting through the Office of Justice Services, 

24 Bureau of Indian Affairs, and the Secretary of 

25 Health and Human Services shall enter into a 


pamtmann on DSKBFK8HB2PROD with BILLS
26 

•S 210 RS

1 Memorandum of Agreement to cooperate, con2 fer, transfer funds (except that the funding for 

3 the Bureau of Indian Affairs shall not be re4 duced), share resources and, as permitted by 

5 law, information on matters relating to the de6 tention of Indian inmates, the reduction of re7 cidivism (including through substance abuse 

8 treatment and mental and health care services), 

9 and the lease or loan of facilities, technical as10 sistance, training, and equipment. 

11 (B) STRATEGIES AND BEST PRACTICES.— 

12 Not later than 2 years after the date of enact13 ment of this Act, the Attorney General, the Sec14 retary of the Interior, the Secretary of Health 

15 and Human Services, and, as appropriate, the 

16 Administrative Office of the United States 

17 Courts shall enter into a Memorandum of 

18 Agreement to develop, share, and implement ef19 fective strategies, best practices, and resources, 

20 and transfer funds (except that the funding for 

21 the Bureau of Indian Affairs shall not be re22 duced), to improve the re-entry of Indian in23 mates into Indian communities after incarcer24 ation. 


pamtmann on DSKBFK8HB2PROD with BILLS
27 

•S 210 RS

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

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

3 General, the Secretary of the Interior, and the Sec4 retary of Health and Human Services shall— 

5 (A) consult with and solicit comments from 

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

7 Indian Alcohol and Substance Abuse Prevention 

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

9 2411(c)); and 

10 (B) submit to the Committee on Indian Af11 fairs of the Senate, the Committee on Natural 

12 Resources of the House of Representatives, the 

13 Committee on the Judiciary of the Senate, and 

14 the Committee on the Judiciary of the House of 

15 Representatives a report regarding any legal or 

16 regulatory impediments to carrying out sub17 paragraphs (A) and (B) of paragraph (1). 

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

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

20 the Secretary of the Interior, and the Secretary of 

21 Health and Human Services shall submit to the 

22 Committee on Indian Affairs of the Senate, the 

23 Committee on Natural Resources of the House of 

24 Representatives, the Committee on the Judiciary of 

25 the Senate, and the Committee on the Judiciary of 


pamtmann on DSKBFK8HB2PROD with BILLS
28 

•S 210 RS

1 the House of Representatives a report regarding the 

2 implementation of the Memoranda of Agreement 

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

4 SEC. 107. DATA SHARING WITH INDIAN TRIBES. 

5 (a) INFORMATION SHARING WITH INDIAN TRIBES.— 

6 Section 534(d) of title 28, United States Code, is amend7 ed— 

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

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

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

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

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

15 and 

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

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

18 funds available and not otherwise obligated, the At19 torney General shall establish and carry out a tribal 

20 access program to enhance the ability of tribal gov21 ernments to access, enter information into, and ob22 tain information from, Federal criminal information 

23 databases as authorized under this section. 

24 ‘‘(3) INFORMATION SHARING.—To the extent 

25 otherwise permitted by law, any report issued as a 


pamtmann on DSKBFK8HB2PROD with BILLS
29 

•S 210 RS

1 result of the analysis of information entered into 

2 Federal criminal information databases or obtained 

3 from Federal criminal databases, including for the 

4 purpose of conducting background checks, shall be 

5 shared with Indian tribes of jurisdiction.’’. 

6 (b) ACCESS TO NATIONAL CRIMINAL INFORMATION

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

8 Order Act of 2010 (34 U.S.C. 41107; Public Law 111– 

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

10 the following: 

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

12 ensure that— 

13 ‘‘(A) Tribal law enforcement officials that 

14 meet applicable Federal or State requirements 

15 be permitted access to national crime informa16 tion databases; 

17 ‘‘(B) technical assistance and training to 

18 Bureau of Indian Affairs and tribal law en19 forcement officials is provided to gain access 

20 and input ability to use the National Criminal 

21 Information Center and other national crime in22 formation databases pursuant to section 534 of 

23 title 28, United States Code; and 

24 ‘‘(C) the Federal Bureau of Investigation 

25 coordinates with the Office of Justice Services, 


pamtmann on DSKBFK8HB2PROD with BILLS
30 

•S 210 RS

1 Bureau of Indian Affairs, to ensure Indian trib2 al law enforcement agencies are assigned appro3 priate credentials or ORI numbers for uniform 

4 crime reporting purposes.’’. 

5 (c) BUREAU OF JUSTICE STATISTICS.—Section 

6 302(d) of the Omnibus Crime Control and Safe Streets 

7 Act of 1968 (34 U.S.C. 10132(d)) is amended— 

8 (1) by striking the subsection designation and 

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

10 (1) and inserting the following: 

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

12 AND DISSEMINATION.— 

13 ‘‘(1) IN GENERAL.—To ensure’’; 

14 (2) in paragraph (1)— 

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

16 ‘‘and’’ at the end; 

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

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

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

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

21 of Indian Affairs as needed to carry out the 

22 purposes of this part, including by entering into 

23 cooperative resource and data sharing agree24 ments in conformity with all laws and regulaVerDate Sep 11 2014 22:55 May 06, 2019 Jkt 089200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S210.RS S210

pamtmann on DSKBFK8HB2PROD with BILLS
31 

•S 210 RS

1 tions applicable to the disclosure and use of 

2 data.’’; and 

3 (3) in paragraph (2)— 

4 (A) by striking ‘‘The Director’’ and insert5 ing the following: 

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

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

8 ‘‘(B) INFORMATION SHARING REQUIRE9 MENT.—Analysis of the information collected 

10 under subparagraph (A) shall be shared with 

11 the Indian tribe that provided the information 

12 that was collected.’’. 

13 (d) REPORTS TO TRIBES.—Section 10(b) of the In14 dian Law Enforcement Reform Act (25 U.S.C. 2809(b)) 

15 is amended— 

16 (1) in paragraph (1)— 

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

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

19 respectively, and indenting appropriately; and 

20 (B) by redesignating subparagraphs (A) 

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

22 indenting appropriately; 

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

24 subparagraphs (A) and (B), respectively, and indent25 ing appropriately; 


pamtmann on DSKBFK8HB2PROD with BILLS
32 

•S 210 RS

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

2 (as so redesignated), by striking ‘‘The Attorney Gen3 eral’’ and inserting the following: 

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

5 and 

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

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

8 after the date of enactment of the Tribal Law and 

9 Order Reauthorization and Amendments Act of 

10 2019, and every 5 years thereafter, the Attorney 

11 General shall consult with Indian tribes, including 

12 appropriate tribal justice officials, regarding— 

13 ‘‘(A) the annual reports described in para14 graph (1) to improve the data collected, the in15 formation reported, and the reporting system; 

16 and 

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

18 satisfaction of the requirements for coordination 

19 described in paragraphs (1) and (3) of sub20 section (a), or to the reporting requirements 

21 under paragraph (1).’’. 

22 (e) ENHANCED ABILITY OF TRIBAL GOVERNMENTS

23 TO USE FEDERAL CRIMINAL INFORMATION DATA24 BASES.—The Attorney General is authorized to use any 

25 balances remaining for the account under the heading ‘‘VIVerDate Sep 11 2014 22:55 May 06, 2019 Jkt 089200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S210.RS S210

pamtmann on DSKBFK8HB2PROD with BILLS
33 

•S 210 RS

1 OLENCE AGAINST WOMEN PREVENTION AND PROSECU2 TION PROGRAMS’’ under the heading ‘‘STATE AND LOCAL

3 LAW ENFORCEMENT ACTIVITIES OFFICE ON VIOLENCE

4 AGAINST WOMEN’’ of the Department of Justice from ap5 propriations for full fiscal years prior to the date of enact6 ment of this Act for tracking violence against Indian 

7 women, as authorized by section 905(b) of the Violence 

8 Against Women and Department of Justice Reauthoriza9 tion Act of 2005 (34 U.S.C. 20903), to enhance the ability 

10 of Tribal Government entities to access, enter information 

11 into, and obtain information from, Federal criminal infor12 mation databases, as authorized by section 534 of title 28, 

13 United States Code. Some or all of such balances may be 

14 transferred, at the discretion of the Attorney General, to 

15 the account under the heading ‘‘JUSTICE INFORMATION

16 SHARING TECHNOLOGY’’ under the heading ‘‘GENERAL

17 ADMINISTRATION’’ of the Department of Justice for the 

18 tribal access program for national crime information in 

19 furtherance of the objectives described in the previous sen20 tence. 

21 SEC. 108. JUDICIAL ADMINISTRATION IN INDIAN COUNTRY. 

22 (a) BUREAU OF PRISONS TRIBAL PRISONER PRO23 GRAM.—Section 234(c) of the Tribal Law and Order Act 

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

25 amended— 


pamtmann on DSKBFK8HB2PROD with BILLS
34 

•S 210 RS

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

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

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

4 Tribal Law and Order Reauthorization and Amend5 ments Act of 2019’’; 

6 (2) by redesignating paragraph (6) as para7 graph (7); 

8 (3) by inserting after paragraph (5) the fol9 lowing: 

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

11 after the date of enactment of the Tribal Law and 

12 Order Reauthorization and Amendments Act of 

13 2019, the Director of the Bureau of Prisons and the 

14 Director of the Office of Justice Services of the Bu15 reau of Indian Affairs shall coordinate and consult 

16 with Indian tribes to develop improvements in imple17 menting the pilot program, including intergovern18 mental communication, training, processes, and 

19 other subject matters as appropriate.’’; and 

20 (4) in paragraph (7) (as redesignated), by strik21 ing ‘‘paragraph shall expire—on the date that is 4 

22 years after the date on which the program is estab23 lished’’ and inserting ‘‘subsection— 

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

25 requests for confinement, on the date that is 9 


pamtmann on DSKBFK8HB2PROD with BILLS
35 

•S 210 RS

1 years after the date of enactment of the Tribal 

2 Law and Order Reauthorization and Amend3 ments Act of 2019; and 

4 ‘‘(B) may be temporarily extended for of5 fenders who have been confined through the 

6 program under this subsection before the expi7 ration date described in subparagraph (B) and 

8 whose underlying tribal conviction has not yet 

9 expired, except in no case shall such extension 

10 exceed the maximum period of time authorized 

11 under tribal law, pursuant to section 202 of 

12 Public Law 90–284 (25 U.S.C. 1302) (com13 monly known as the ‘Indian Civil Rights Act of 

14 1968’).’’. 

15 (b) CONSULTATION FOR JUVENILE JUSTICE RE16 FORM.—Section 3 of the Indian Law Enforcement Reform 

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

18 the following: 

19 ‘‘(g) CONSULTATION FOR JUVENILE JUSTICE RE20 FORM.—Not later than 1 year after date of enactment of 

21 this subsection, the Director of the Bureau of Indian Af22 fairs, the Director of the Bureau of Prisons, the Director 

23 of the Indian Health Service, the Administrator of the Of24 fice of Juvenile Justice and Delinquency Prevention, and 

25 the Administrator of the Substance Abuse and Mental 


pamtmann on DSKBFK8HB2PROD with BILLS
36 

•S 210 RS

1 Health Services Administration shall consult with Indian 

2 tribes regarding Indian juvenile justice and incarceration, 

3 including— 

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

5 Affairs or tribal juvenile facilities for the incarcer6 ation of Indian youth in the Federal system as alter7 native locations closer to the communities of the In8 dian youth; 

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

10 the services needed and available for Indian youth in 

11 Federal incarceration; 

12 ‘‘(3) barriers to the use of— 

13 ‘‘(A) alternatives to incarceration; or 

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

15 youth in incarceration; and 

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

17 guidelines to Indian youth.’’. 

18 SEC. 109. FEDERAL NOTICE. 

19 Section 10 of the Indian Law Enforcement Reform 

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

21 the following: 

22 ‘‘(d) FEDERAL NOTICE.—On conviction in any dis23 trict court of the United States of an enrolled member 

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

25 United States Attorney for the district in which the memVerDate Sep 11 2014 22:55 May 06, 2019 Jkt 089200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S210.RS S210

pamtmann on DSKBFK8HB2PROD with BILLS
37 

•S 210 RS

1 ber was convicted may provide to the appropriate tribal 

2 justice official notice of the conviction and any other perti3 nent information otherwise permitted by law.’’. 

4 SEC. 110. DETENTION FACILITIES. 

5 (a) INDIAN LAW ENFORCEMENT REFORM ACT.— 

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

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

8 by adding at the end the following: 

9 ‘‘(h) ALTERNATIVES TO DETENTION.—In carrying 

10 out the responsibilities of the Secretary under this Act or 

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

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

13 seq.), the Secretary shall authorize an Indian tribe car14 rying out a contract or compact pursuant to the Indian 

15 Self-Determination and Education Assistance Act (25 

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

17 use any available detention funding from the contract or 

18 compact for such appropriate alternatives to detention to 

19 which the Indian tribe and Secretary, acting through the 

20 Director of the Office of Justice Services, mutually 

21 agree.’’. 

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

23 the Indian Tribal Justice Act (25 U.S.C. 3613) is amend24 ed— 


pamtmann on DSKBFK8HB2PROD with BILLS
38 

•S 210 RS

1 (1) by redesignating subsection (c) as sub2 section (d); and 

3 (2) by inserting after subsection (b) the fol4 lowing: 

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

6 out the responsibilities of the Secretary under this Act or 

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

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

9 seq.), the Secretary shall authorize an Indian tribe car10 rying out a contract or compact pursuant to the Indian 

11 Self-Determination and Education Assistance Act (25 

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

13 use any available detention funding from the contract or 

14 compact for such appropriate alternatives to detention to 

15 which the Indian tribe and Secretary, acting through the 

16 Director of the Office of Justice Services, mutually 

17 agree.’’. 

18 (c) JUVENILE DETENTION CENTERS.—Section 

19 4220(b) of the Indian Alcohol and Substance Abuse Pre20 vention and Treatment Act of 1986 (25 U.S.C. 2453(b)) 

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

22 it appears and inserting ‘‘2020 through 2024’’. 

23 (d) PAYMENTS FOR INCARCERATION ON TRIBAL

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

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


pamtmann on DSKBFK8HB2PROD with BILLS
39 

•S 210 RS

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

2 ‘‘2020 through 2024’’. 

3 SEC. 111. REAUTHORIZATION FOR TRIBAL COURTS TRAIN4 ING. 

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

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

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

8 and inserting ‘‘2020 through 2024’’. 

9 (b) TECHNICAL AND LEGAL ASSISTANCE.— 

10 (1) AUTHORIZATION OF APPROPRIATIONS.— 

11 Section 107 of the Indian Tribal Justice Technical 

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

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

14 inserting ‘‘2020 through 2024’’. 

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

16 Tribal Justice Technical and Legal Assistance Act of 

17 2000 (25 U.S.C. 3681(d)) is amended by striking 

18 ‘‘2011 through 2015’’ and inserting ‘‘2020 through 

19 2024’’. 

20 SEC. 112. PUBLIC DEFENDERS. 

21 The Indian Law Enforcement Reform Act is amend22 ed by inserting after section 13 (25 U.S.C. 2810) the fol23 lowing: 


pamtmann on DSKBFK8HB2PROD with BILLS
40 

•S 210 RS

1 ‘‘SEC. 13A. PUBLIC DEFENSE IN INDIAN COUNTRY. 

2 ‘‘(a) IN GENERAL.—Not later than one year after the 

3 date of enactment of this Act, the Director of the Adminis4 trative Office of the United States Courts shall collaborate 

5 and consult with Indian tribes, including relevant tribal 

6 court personnel, regarding— 

7 ‘‘(1) developing working relationships and 

8 maintaining communication with tribal leaders and 

9 tribal community, including the interchange and un10 derstanding of cultural issues that may impact the 

11 effective assistance of counsel; and 

12 ‘‘(2) providing technical assistance and training 

13 regarding criminal defense techniques and strategies, 

14 forensics, and reentry programs and strategies for 

15 responding to crimes occurring in Indian country. 

16 ‘‘(b) SENSE OF CONGRESS.—It is the sense of Con17 gress that the Director of the Administrative Office of the 

18 United States Courts and the Attorney General should 

19 work together to ensure that each district that includes 

20 Indian country has sufficient resources to provide ade21 quate criminal defense representation for defendants in 

22 Indian country.’’. 

23 SEC. 113. OFFENSES IN INDIAN COUNTRY: TRESPASS ON IN24 DIAN LAND. 

25 (a) IN GENERAL.—Section 1165 of title 18, United 

26 States Code, is amended— 


pamtmann on DSKBFK8HB2PROD with BILLS
41 

•S 210 RS

1 (1) in the section heading, by striking ‘‘Hunt2 ing, trapping, or fishing on Indian land’’ 

3 and inserting ‘‘Criminal trespass’’; 

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

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

6 (3) by striking ‘‘Whoever’’ and inserting the fol7 lowing: 

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

9 LAND.—Whoever’’; and 

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

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

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

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

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

15 tribe that temporarily or permanently excludes a 

16 person from the Indian country of the Indian tribe 

17 because of a criminal conviction or civil adjudication 

18 under the laws of the tribal government for a 

19 victimless crime such as— 

20 ‘‘(A) criminal street gang activity (as de21 fined under section 521 of this title); or 

22 ‘‘(B) the sale and distribution of controlled 

23 substances (as defined in section 102 of the 

24 Controlled Substances Act (21 U.S.C. 802)). 


pamtmann on DSKBFK8HB2PROD with BILLS
42 

•S 210 RS

1 ‘‘(2) VIOLATION DESCRIBED.—It shall be un2 lawful for any person to knowingly violate the terms 

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

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

5 ‘‘(3) PENALTY.—Any person who violates para6 graph (2) shall be fined not more than $5,000, im7 prisoned for not more than 1 year, or both. 

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

9 in paragraph (2) applies only to an exclusion 

10 order— 

11 ‘‘(A) for which— 

12 ‘‘(i) the act occurs in the Indian coun13 try of the Indian tribe; 

14 ‘‘(ii) the court issuing the exclusion 

15 order has jurisdiction over the parties and 

16 matter under the law of the Indian tribe; 

17 and 

18 ‘‘(iii) the underlying complaint in19 cluded— 

20 ‘‘(I) a plain statement of facts 

21 that, if true, would provide the basis 

22 for the issuance of an exclusion order 

23 against the respondent; 

24 ‘‘(II) the date, time, and place 

25 for a hearing on the complaint; and 


pamtmann on DSKBFK8HB2PROD with BILLS
43 

•S 210 RS

1 ‘‘(III) a statement informing the 

2 respondent that if the respondent fails 

3 to appear at the hearing on the com4 plaint, an order may issue, the viola5 tion of which may result in— 

6 ‘‘(aa) criminal prosecution 

7 under Federal law; and 

8 ‘‘(bb) the imposition of a 

9 fine or imprisonment, or both; 

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

11 complaint sufficient to protect the right of the 

12 respondent to due process was held on the 

13 record, at which the respondent was provided 

14 reasonable notice and an opportunity to be 

15 heard and present testimony of witnesses and 

16 other evidence as to why the order should not 

17 issue; 

18 ‘‘(C) that— 

19 ‘‘(i) temporarily or permanently ex20 cludes the respondent from the Indian 

21 country of the Indian tribe; and 

22 ‘‘(ii) includes a statement that a viola23 tion of the order may result in— 

24 ‘‘(I) criminal prosecution under 

25 Federal law; and 


pamtmann on DSKBFK8HB2PROD with BILLS
44 

•S 210 RS

1 ‘‘(II) the imposition of a fine or 

2 imprisonment, or both; and 

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

4 or of which the respondent had actual notice. 

5 ‘‘(5) TRIBAL COURT JURISDICTION.—For pur6 poses of this section, a court of an Indian tribe shall 

7 have full civil jurisdiction to issue and enforce exclu8 sion orders involving any person, including the au9 thority to enforce any orders through civil contempt 

10 proceedings, to exclude violators from the Indian 

11 country of the Indian tribe, or otherwise within the 

12 authority of the Indian tribe.’’. 

13 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

14 The table of sections for chapter 53 of title 18, United 

15 States Code, is amended by striking the item relating to 

16 section 1165 and inserting the following: 

‘‘1165. Criminal trespass.’’. 

17 SEC. 114. RESOURCES FOR PUBLIC SAFETY IN INDIAN COM18 MUNITIES; DRUG TRAFFICKING PREVENTION. 

19 (a) SHADOW WOLVES.— 

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

21 the Bureau of Immigration and Customs Enforce22 ment of the Department of Homeland Security a di23 vision to be known as the ‘‘Shadow Wolves Divi24 sion’’. 


pamtmann on DSKBFK8HB2PROD with BILLS
45 

•S 210 RS

1 (2) DUTIES.—The Shadow Wolves Division 

2 shall— 

3 (A) carry out such duties as are assigned 

4 by the Director of the Bureau of Immigration 

5 and Customs Enforcement; and 

6 (B) in carrying out those duties, coordi7 nate with the Bureau of Indian Affairs and 

8 other applicable Federal agencies and State and 

9 tribal governments. 

10 (b) REAUTHORIZATION OF FUNDING TO COMBAT IL11 LEGAL NARCOTICS TRAFFICKING.—Section 4216 of the 

12 Indian Alcohol and Substance Abuse Prevention and 

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

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

15 inserting ‘‘2020 through 2024’’. 

16 (c) MAINTENANCE OF CERTAIN INDIAN RESERVA17 TION ROADS.—The Commissioner of U.S. Customs and 

18 Border Protection may transfer funds to the Director of 

19 the Bureau of Indian Affairs to maintain or repair roads 

20 under the jurisdiction of the Director, on the condition 

21 that the Commissioner and the Director mutually agree 

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

23 and Border Protection. 


pamtmann on DSKBFK8HB2PROD with BILLS
46 

•S 210 RS

1 SEC. 115. SUBSTANCE ABUSE PREVENTION TRIBAL ACTION 

2 PLANS. 

3 (a) INTER-DEPARTMENTAL MEMORANDUM OF

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

5 Substance Abuse Prevention and Treatment Act of 1986 

6 (25 U.S.C. 2411(a)) is amended— 

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

8 inserting ‘‘the Secretary of Agriculture, the Sec9 retary of Housing and Urban Development,’’ after 

10 ‘‘the Attorney General,’’; 

11 (2) in paragraph (2)(A), by inserting ‘‘the De12 partment of Agriculture, the Department of Housing 

13 and Urban Development,’’ after ‘‘Services Adminis14 tration,’’; 

15 (3) in paragraph (5), by inserting ‘‘the Depart16 ment of Agriculture, the Department of Housing 

17 and Urban Development,’’ after ‘‘Services Adminis18 tration,’’; and 

19 (4) in paragraph (7) by inserting ‘‘the Sec20 retary of Agriculture, the Secretary of Housing and 

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

22 (b) REAUTHORIZATION OF TRIBAL ACTION PLANS

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

24 Substance Abuse Prevention and Treatment Act of 1986 

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

26 through 2015’’ and inserting ‘‘2020 through 2024’’. 


pamtmann on DSKBFK8HB2PROD with BILLS
47 

•S 210 RS

1 (c) GRANTS FOR TRAINING, EDUCATION, AND PRE2 VENTION PROGRAMS.—Section 4206(f)(3) of the Indian 

3 Alcohol and Substance Abuse Prevention and Treatment 

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

5 ‘‘2011 through 2015’’ and inserting ‘‘2020 through 

6 2024’’. 

7 SEC. 116. OFFICE OF JUSTICE SERVICES SPENDING RE8 PORT. 

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

10 Reform Act (25 U.S.C. 2802(c)(16)(C)) is amended by in11 serting ‘‘health care, behavioral health, and tele-health 

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

13 SEC. 117. TRAFFICKING VICTIMS PROTECTION. 

14 Section 107(f)(3) of the Trafficking Victims Protec15 tion Act of 2000 (22 U.S.C. 7105(f)(3)) is amended by 

16 adding at the end the following: 

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

18 under this subsection, the Secretary of Health 

19 and Human Services and the Attorney General, 

20 in consultation with the Secretary of Labor, 

21 shall submit to Congress a report that lists— 

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

23 received a grant under this subsection that 

24 directly serve or are Indian tribal govern25 ments or tribal organizations; and 


pamtmann on DSKBFK8HB2PROD with BILLS
48 

•S 210 RS

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

2 providers and other related providers that 

3 participated in training supported by the 

4 pilot program who are employees of the In5 dian Health Service.’’. 

6 SEC. 118. REPORTING ON INDIAN VICTIMS OF TRAF7 FICKING. 

8 (a) IN GENERAL.—The Director of the Office on Vio9 lence Against Women, the Director of the Office for Vic10 tims of Crime, and the Administrator of the Office of Ju11 venile Justice and Delinquency Prevention shall each re12 quire each grantee to report— 

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

14 appropriate, served with grant funding; and 

15 (2) as appropriate and in the aggregate, wheth16 er the victims were members of an Indian tribe. 

17 (b) EXCEPTIONS; RESPECTING VICTIM PRIVACY.— 

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

19 section shall be construed to require an individual 

20 victim seeking services from a grantee described in 

21 subsection (a) to report the individual’s Native 

22 American status or any other personally identifiable 

23 information the individual wishes to remain con24 fidential. 


pamtmann on DSKBFK8HB2PROD with BILLS
49 

•S 210 RS

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

2 grantee described in subsection (a) may not deny 

3 services to a victim on the basis that the victim de4 clines to provide information on the victim’s Native 

5 American status or any other personally identifiable 

6 information the victim wishes to remain confidential. 

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

8 the Attorney General shall submit to Congress a report 

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

10 TITLE II—IMPROVING JUSTICE 

11 FOR INDIAN YOUTH 

12 SEC. 201. FEDERAL JURISDICTION OVER INDIAN JUVE13 NILES. 

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

15 amended— 

16 (1) in the first undesignated paragraph— 

17 (A) in paragraph (1), by inserting ‘‘or In18 dian tribe’’ after ‘‘court of a State’’; and 

19 (B) in paragraph (2), by inserting ‘‘or In20 dian tribe’’ after ‘‘the State’’; 

21 (2) in the second undesignated paragraph— 

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

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

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

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


pamtmann on DSKBFK8HB2PROD with BILLS
50 

•S 210 RS

1 meaning given the term in section 102 of the 

2 Federally Recognized Indian Tribe List Act of 

3 1994 (25 U.S.C. 5130).’’; 

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

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

6 ‘‘State’’; and 

7 (4) in the fourth undesignated paragraph, in 

8 the first sentence— 

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

10 ‘‘State’’; and 

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

12 of an Indian tribe of which the juvenile is a 

13 member,’’ after ‘‘counsel’’. 

14 SEC. 202. REAUTHORIZATION OF TRIBAL YOUTH PRO15 GRAMS. 

16 (a) SUMMER YOUTH PROGRAMS.—Section 

17 4212(a)(3) of the Indian Alcohol and Substance Abuse 

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

19 2432(a)(3)) is amended by striking ‘‘2011 through 2015’’ 

20 and inserting ‘‘2020 through 2024’’. 

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

22 Indian Alcohol and Substance Abuse Prevention and 

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

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


pamtmann on DSKBFK8HB2PROD with BILLS
51 

•S 210 RS

1 2015’’ each place it appears and inserting ‘‘2020 through 

2 2024’’. 

3 SEC. 203. ASSISTANCE FOR INDIAN TRIBES RELATING TO 

4 JUVENILE CRIME. 

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

6 2801 et seq.) is amended by adding at the end the fol7 lowing: 

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

9 JUVENILE CRIME. 

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

11 date of enactment of this section, the Secretary shall co12 ordinate with the Secretary of Health and Human Serv13 ices, the Attorney General, and the Administrator of the 

14 Office of Juvenile Justice and Delinquency Prevention 

15 within the Department of Justice (referred to in this sec16 tion as the ‘Administrator’)— 

17 ‘‘(1) to assist Indian tribal governments in ad18 dressing juvenile offenses and crime through tech19 nical assistance, research, training, evaluation, and 

20 the dissemination of information on effective, evi21 dence-based, and promising programs and practices 

22 for combating juvenile delinquency; 

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

24 than biannually, with Indian tribes regarding— 


pamtmann on DSKBFK8HB2PROD with BILLS
52 

•S 210 RS

1 ‘‘(A) strengthening the government-to-gov2 ernment relationship between the Federal Gov3 ernment and Indian tribes relating to juvenile 

4 justice issues; 

5 ‘‘(B) improving juvenile delinquency pro6 grams, services, and activities affecting Indian 

7 youth and Indian tribes; 

8 ‘‘(C) improving coordination among Fed9 eral departments and agencies to reduce juve10 nile offenses, delinquency, and recidivism; 

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

12 cultural tribal programs may serve or be devel13 oped as promising or evidence-based programs; 

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

15 the Attorney General and the Secretary an 

16 analysis and evaluation of the effectiveness of 

17 the programs and activities carried out for juve18 nile justice systems in which Indian youth are 

19 involved, including a survey of tribal needs; and 

20 ‘‘(F) any other matters relating to improv21 ing juvenile justice for Indian youth; 

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

23 the number of offenses committed by Indian youth 

24 in Federal, State, and tribal jurisdictions, including 

25 information regarding— 


pamtmann on DSKBFK8HB2PROD with BILLS
53 

•S 210 RS

1 ‘‘(A) the offenses (including status of2 fenses), charges, disposition, and case outcomes 

3 for each Indian youth; 

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

5 pre-adjudication detention; 

6 ‘‘(C) whether the Indian youth was re7 moved from home, and for which offenses; 

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

9 point placed in secure confinement; and 

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

11 the notice of removal for status offenses was 

12 provided under section 102(a) of the Act of No13 vember 8, 1978 (Public Law 95–608); 

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

15 tribal governments when a juvenile member of that 

16 Indian tribe comes in contact with the juvenile jus17 tice system of the Federal, State, or other unit of 

18 local government and for facilitating intervention by, 

19 the provision of services by, or coordination with, 

20 such Indian tribe for any Indian juvenile member of 

21 that Indian tribe or other local Indian tribes; 

22 ‘‘(5) to facilitate the incorporation of tribal cul23 tural or traditional practices designed to reduce de24 linquency among Indian youth into Federal, State, 


pamtmann on DSKBFK8HB2PROD with BILLS
54 

•S 210 RS

1 or other unit of local government juvenile justice 

2 systems or programs; 

3 ‘‘(6) to develop or incorporate in existing pro4 grams partnerships among State educational agen5 cies, local educational agencies, and Bureau-funded 

6 schools (as defined in section 1141 of the Education 

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

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

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

10 prior to placement in the juvenile justice sys11 tem, were under the care or custody of a State 

12 or tribal child welfare system and the number 

13 of Indian juveniles who are unable to return to 

14 their family after completing their disposition in 

15 the juvenile justice system and who remain 

16 wards of the State or Indian tribe; 

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

18 juvenile justice systems and child welfare sys19 tems are coordinating systems and treatment 

20 for the juveniles referred to in subparagraph 

21 (A); 

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

23 used; 

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

25 juveniles referred to in subparagraph (A) and 


pamtmann on DSKBFK8HB2PROD with BILLS
55 

•S 210 RS

1 the extent to which these case plans identify 

2 and address permanency and placement bar3 riers and treatment plans; 

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

5 placement of Indian juveniles who were under 

6 the care of the State or tribal child protection 

7 system before their placement in the juvenile 

8 justice system; 

9 ‘‘(F) the frequency, seriousness, and inci10 dence of drug use by Indian youth in schools 

11 and tribal communities; 

12 ‘‘(G) in consultation and coordination with 

13 Indian tribes— 

14 ‘‘(i) the structure and needs of tribal 

15 juvenile justice systems; 

16 ‘‘(ii) the characteristics and outcomes 

17 for youth in tribal juvenile systems; and 

18 ‘‘(iii) recommendations for improving 

19 tribal juvenile justice systems; and 

20 ‘‘(H) educational program offerings for in21 carcerated Indian juveniles, the educational at22 tainment of incarcerated Indian juveniles, and 

23 potential links to recidivism among previously 

24 incarcerated Indian juveniles and delayed edu25 cational opportunities while incarcerated. 


pamtmann on DSKBFK8HB2PROD with BILLS
56 

•S 210 RS

1 ‘‘(b) CONSULTATION POLICY.—Not later than 1 year 

2 after the date of enactment of this section, the Attorney 

3 General and the Administrator shall issue a tribal con4 sultation policy for the Office of Juvenile Justice and De5 linquency Prevention to govern the consultation by the Of6 fice to be conducted under subsection (a). 

7 ‘‘(c) ACTION.—Not later than 3 years after the date 

8 of enactment of the Tribal Law and Order Reauthoriza9 tion and Amendments Act of 2019, the Administrator 

10 shall implement the improvements, processes, and other 

11 activities under paragraphs (3), (4), (5), and (6) of sub12 section (a). 

13 ‘‘(d) REPORT.—Not later than 3 years after the date 

14 of enactment of the Tribal Law and Order Reauthoriza15 tion and Amendments Act of 2019, the Administrator 

16 shall submit to the Committee on Indian Affairs of the 

17 Senate and the Committee on Education and Labor of the 

18 House of Representatives a report that summarizes the 

19 results of the consultation activities described in sub20 section (a)(2) and consultation policy described in sub21 section (b), recommendations, if any, for ensuring the im22 plementation of paragraphs (3), (4), (5), and (6) of sub23 section (a), and any recommendations of the Coordinating 

24 Council on Juvenile Justice and Delinquency Prevention 


pamtmann on DSKBFK8HB2PROD with BILLS
57 

•S 210 RS

1 regarding improving resource and service delivery to In2 dian tribal communities.’’. 

3 SEC. 204. COORDINATING COUNCIL ON JUVENILE JUSTICE 

4 AND DELINQUENCY PREVENTION. 

5 Section 206 of the Juvenile Justice and Delinquency 

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

7 (1) in subsection (a)— 

8 (A) in paragraph (1)— 

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

10 Indian Health Service,’’ after ‘‘the Sec11 retary of Health and Human Services,’’; 

12 and 

13 (ii) by striking ‘‘Commissioner of Im14 migration and Naturalization’’ and insert15 ing ‘‘Assistant Secretary for Immigration 

16 and Customs Enforcement, the Secretary 

17 of the Interior, the Assistant Secretary for 

18 Indian Affairs’’; and 

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

20 ‘‘United States’’ and inserting ‘‘Federal Gov21 ernment’’; and 

22 (2) in subsection (c)(1)— 

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

24 tribal,’’ after ‘‘State’’; and 


pamtmann on DSKBFK8HB2PROD with BILLS
58 

•S 210 RS

1 (B) in the second sentence, by inserting 

2 ‘‘tribal,’’ before ‘‘and local’’. 

3 SEC. 205. GRANTS FOR DELINQUENCY PREVENTION PRO4 GRAMS. 

5 Section 504 of the Juvenile Justice and Delinquency 

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

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

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

9 ‘‘tribes’’; and 

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

11 through 2015’’ and inserting ‘‘2020 through 2024’’. 


pamtmann on DSKBFK8HB2PROD with BILLS

pamtmann on DSKBFK8HB2PROD with BILLS
Calendar No. 77 

116TH CONGRESS 

1ST SESSION S. 210 

[Report No. 116–37] 

A BILL 

To amend the Tribal Law and Order Act of 2010 

poses. ices to Indian communities, and for other purprovide for advancements in public safety servand the Indian Law Enforcement Reform Act to 

MAY 6, 2019 

Reported without amendment 


pamtmann on DSKBFK8HB2PROD with BILLS