II 

108TH CONGRESS 

2D SESSION S. 2734

To implement the recommendations of the Inspector General of the 

Department of the Interior regarding Indian Tribal detention facilities. 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2004

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

referred to the Committee on Indian Affairs 

A BILL

To implement the recommendations of the Inspector General 

of the Department of the Interior regarding Indian Tribal detention facilities.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Indian Tribal Deten5 tion Facility Reform Act of 2004’’. 

6 SEC. 2. DEFINITIONS. 

7 Section 2 of the Indian Law Enforcement Reform Act 

8 (25 U.S.C. 2801) is amended to read as follows: 

9 ‘‘SEC. 2. DEFINITIONS. 

10 ‘‘In this Act: 
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1 ‘‘(1) BRANCH OF CRIMINAL INVESTIGATIONS.—

2 The term ‘Branch of Criminal Investigations’ means 

3 the entity the Secretary is required to establish with4 in the Division of Law Enforcement Services under 

5 section 3(d)(1). 

6 ‘‘(2) BRANCH OF DETENTION SERVICES.—The 

7 term ‘Branch of Detention Services’ means the enti8 ty that the Secretary is required to establish within 

9 the Division of Law Enforcement Services under 

10 section 3(f)(1). 

11 ‘‘(3) BUREAU.—The term ‘Bureau’ means the 

12 Bureau of Indian Affairs of the Department of the 

13 Interior. 

14 ‘‘(4) COMPLEMENTARY FACILITY.—

15 ‘‘(A) IN GENERAL.—The term ‘complemen16 tary facility’ means a facility for the provision 

17 of additional or necessary services to detainees 

18 as a result of their being in custody. 

19 ‘‘(B) INCLUSION.—The term ‘complemen20 tary facility’ includes a detoxification center, 

21 protective custody cell, shelter care facility, 

22 community treatment center, halfway house, or 

23 any similar facility. 
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1 ‘‘(5) DETAINEE.—The term ‘detainee’ means 

2 an individual who is held in a detention facility for 

3 any period of time. 

4 ‘‘(6) DETENTION FACILITY.—The term ‘deten5 tion facility’ means a facility for holding of individ6 uals for correctional, intergovernmental, or other 

7 custodial purposes that is—

8 ‘‘(A) operated by the Bureau; or 

9 ‘‘(B) operated by an Indian tribe under the 

10 Indian Self-Determination and Education As11 sistance Act (25 U.S.C. 450 et seq.). 

12 ‘‘(7) DIVISION OF LAW ENFORCEMENT SERV13 ICES.—The term ‘Division of Law Enforcement 

14 Services’ means the entity established within the Bu15 reau under section 3(b). 

16 ‘‘(8) EMPLOYEE OF THE BUREAU.—The term 

17 ‘employee of the Bureau’ includes an officer of the 

18 Bureau. 

19 ‘‘(9) ENFORCEMENT OF A LAW.—The term ‘en20 forcement of a law’ includes the prevention, detec21 tion, and investigation of an offense and the deten22 tion or confinement of an offender. 

23 ‘‘(10) INDIAN COUNTRY.—The term ‘Indian 

24 country’ has the meaning given the term in section 

25 1151 of title 18, United States Code. 
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1 ‘‘(11) INDIAN TRIBE.—The term ‘Indian tribe’ 

2 has the meaning given the term in section 201 of 

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

4 Rights Act of 1968’) (25 U.S.C. 1301). 

5 ‘‘(12) OFFENSE.—The term ‘offense’ means an 

6 offense against the United States, including a viola7 tion of a Federal regulation relating to part or all 

8 of Indian country. 

9 ‘‘(13) SECRETARY.—The term ‘Secretary’ 

10 means the Secretary of the Interior. 

11 ‘‘(14) SERIOUS INCIDENT.—

12 ‘‘(A) IN GENERAL.—The term ‘serious in13 cident’ means an occurrence, event, activity, or 

14 other incident that results in—

15 ‘‘(i) a risk of harm or actual harm to 

16 an individual or the community; or 

17 ‘‘(ii) serious damage to property. 

18 ‘‘(B) INCLUSION.—The term ‘serious inci19 dent’ includes all incidents relating to detainee 

20 deaths or injuries, suicides, attempted suicides, 

21 escapes, and officer safety issues.’’. 

22 SEC. 3. BRANCH OF DETENTION SERVICES. 

23 Section 3 of the Indian Law Enforcement Reform Act 

24 (25 U.S.C. 2802) is amended—
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1 (1) in subsection (d)(4), by striking ‘‘Area’’ 

2 each place it appears and inserting ‘‘Regional’’; and 

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

4 ‘‘(f) BRANCH OF DETENTION SERVICES.—

5 ‘‘(1) ESTABLISHMENT.—The Secretary shall es6 tablish within the Division of Law Enforcement 

7 Services a separate Branch of Detention Services. 

8 ‘‘(2) DUTIES.—The Branch of Detention Serv9 ices—

10 ‘‘(A) except as prohibited by other Federal 

11 law, shall be responsible for the detention, con12 finement, and corrections of offenders within 

13 Indian country; 

14 ‘‘(B) shall not be primarily responsible for 

15 routine law enforcement, criminal investiga16 tions, or police operations in Indian country; 

17 and 

18 ‘‘(C) under an interagency agreement be19 tween the Secretary and Attorney General and 

20 subject to such guidelines as the appropriate 

21 agencies or officials of the Department of Jus22 tice may adopt, may be responsible for tempo23 rarily detaining individuals for the purpose of 

24 Federal prosecution, immigration, or transpor25 tation, or any other detention purpose.
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1 ‘‘(3) REGULATIONS.—The Secretary shall pro2 mulgate regulations establishing a procedure for ac3 tive cooperation and consultation of the detention 

4 services employees of the Branch of Detention Serv5 ices assigned to an Indian reservation with the gov6 ernmental, law enforcement, and detention officials 

7 of the Indian tribes located on the Indian reserva8 tion. 

9 ‘‘(4) PERSONNEL.—

10 ‘‘(A) SUPERVISION AND DIRECTION.—Per11 sonnel of the Branch of Detention Services—

12 ‘‘(i) shall be subject only to the super13 vision and direction of the law enforcement 

14 personnel or personnel of the Branch of 

15 Detention Services or of the Division, as 

16 the Secretary considers appropriate; and 

17 ‘‘(ii) shall not be subject to the super18 vision of the Bureau Agency Super19 intendent or Bureau Regional Director. 

20 ‘‘(B) EFFECT OF PARAGRAPH.—Nothing 

21 in this paragraph—

22 ‘‘(i) precludes cooperation, coordina23 tion, or consultation, as appropriate, with 

24 non-law enforcement Bureau personnel at 

25 the agency or regional level; or 
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1 ‘‘(ii) restricts the right of an Indian 

2 tribe to contract a detention program 

3 under the authority of the Indian Self-De4 termination and Education Assistance Act 

5 (25 U.S.C. 450 et seq.) or to maintain its 

6 own detention operations. 

7 ‘‘(C) REESTABLISHMENT OF AUTHOR8 ITY.—

9 ‘‘(i) REQUEST.—After the date that is 

10 1 year after the date of establishment of 

11 the Branch of Detention Services, any In12 dian tribe may, by resolution of the gov13 erning body of the Indian tribe, request 

14 the Secretary to reestablish authority over 

15 detention of members of the Indian tribe 

16 directly through the Agency Super17 intendent or Bureau Regional Office Direc18 tor rather than through the Branch of De19 tention Services. 

20 ‘‘(ii) APPROVAL.—In the absence of 

21 good cause to the contrary, the Secretary, 

22 on receipt of a resolution under clause (i), 

23 shall reestablish the authority as requested 

24 by the Indian tribe.’’. 
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1 SEC. 4. FUNDING. 

2 Section 9 of the Indian Law Enforcement Reform Act 

3 (25 U.S.C. 2808) is amended—

4 (1) by striking the section heading and all that 

5 follows through ‘‘Any expenses’’ and inserting the 

6 following: 

7 ‘‘SEC. 9. FUNDING. 

8 ‘‘(a) IN GENERAL.—Any expenses’’; and 

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

10 ‘‘(b) AVAILABILITY.—Funds made available to carry 

11 out this Act shall remain available until expended.’’. 

12 SEC. 5. DETENTION REFORM AND REVIEW. 

13 The Indian Law Enforcement Reform Act is amend14 ed by inserting after section 10 (25 U.S.C. 2809) the fol15 lowing: 

16 ‘‘SEC. 10A. DETENTION REFORM. 

17 ‘‘(a) FINDINGS.—Congress finds that— 

18 ‘‘(1) there are 74 detention facilities in Indian 

19 country; 

20 ‘‘(2) serious deficiencies in Indian country de21 tention have arisen, including—

22 ‘‘(A) poor facility conditions; 

23 ‘‘(B) lack of staff training; 

24 ‘‘(C) understaffing; and 
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1 ‘‘(D) lack of detention facility administra2 tion and other operational standards, or failure 

3 to comply with any such standards; 

4 ‘‘(3) those deficiencies create a dangerous and 

5 potentially life-threatening situation for detainees 

6 and detention personnel; 

7 ‘‘(4) the April 2004 interim report of the In8 spector General of the Department of the Interior 

9 found that deaths, escapes, and assaults on correc10 tional officers have occurred at several detention fa11 cilities in Indian country as a result of those defi12 ciencies; 

13 ‘‘(5) the Division of Law Enforcement Services 

14 has responsibility for both law enforcement and de15 tention services, but no clear lines of authority for 

16 detention services; 

17 ‘‘(6) existing Federal law does not provide clear 

18 lines of authority or standards for detention services 

19 in Indian country; and 

20 ‘‘(7) clear authority and standards are needed 

21 to assist detention and law enforcement officials 

22 in—

23 ‘‘(A) meeting the principal goals of Indian 

24 country law enforcement and detention; 

25 ‘‘(B) protecting life and property; and 
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1 ‘‘(C) reducing crime and recidivism rates. 

2 ‘‘(b) REPORTING PROTOCOLS FOR SERIOUS INCI3 DENTS.—

4 ‘‘(1) IN GENERAL.—Not later than 270 days 

5 after the date of enactment of the Indian Tribal De6 tention Facility Reform Act of 2004, the Bureau 

7 shall develop and implement protocols to ensure that 

8 all serious incidents occurring at a detention facility 

9 are reported promptly through an established chain 

10 of command. 

11 ‘‘(2) REPORTING OF ESCAPES TO LAW EN12 FORCEMENT AUTHORITIES.—The protocols shall en13 sure that each incident involving an escape of a de14 tainee from a detention facility is reported imme15 diately to the appropriate Federal, State, tribal, and 

16 local law enforcement authorities. 

17 ‘‘(3) PRELIMINARY INQUIRIES INTO SERIOUS

18 INCIDENTS.—

19 ‘‘(A) IN GENERAL.—The Division of Law 

20 Enforcement Services shall conduct a prelimi21 nary inquiry of any serious incident to deter22 mine whether a full investigation is warranted. 

23 ‘‘(B) FINDINGS.—All findings made in 

24 conducting preliminary inquiries under subpara25 graph (A) shall be reported to the Division of
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1 Law Enforcement Services and the Assistant 

2 Secretary of the Interior for Indian Affairs. 

3 ‘‘(4) DETENTION FACILITIES STAFFING RE4 VIEW.—The Bureau shall—

5 ‘‘(A) not later than 90 days after the date 

6 of enactment of the Indian Tribal Detention 

7 Facility Reform Act of 2004, conduct a review 

8 of the staffing needs at all detention facilities; 

9 and 

10 ‘‘(B) update that review annually. 

11 ‘‘(c) REGULATIONS.—Not later than 1 year after the 

12 date of enactment of the Indian Tribal Detention Facility 

13 Reform Act of 2004, the Secretary, after consultation with 

14 the Attorney General, shall promulgate regulations to 

15 carry out subsections (a) and (b). 

16 ‘‘(d) DETENTION FACILITIES REVIEW.—

17 ‘‘(1) IN GENERAL.— 

18 ‘‘(A) CONSULTATION.—Not later than 1 

19 year after the date of enactment of the Indian 

20 Tribal Detention Facility Reform Act of 2004, 

21 in consultation with Indian tribes to the extent 

22 practicable, the Bureau shall complete an as23 sessment of the physical conditions and needs 

24 of all detention facilities. 
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1 ‘‘(B) REPORT.—Not later than 15 months 

2 after the date of enactment of the Indian Tribal 

3 Detention Facility Reform Act of 2004, the Bu4 reau shall—

5 ‘‘(i) submit to the Committee on In6 dian Affairs and the Committee on Appro7 priations of the Senate and the Committee 

8 on Resources and the Committee on Ap9 propriations of the House of Representa10 tives a report that describes the results of 

11 the assessment under subparagraph (A); 

12 and 

13 ‘‘(ii) make the report available to In14 dian tribal governments. 

15 ‘‘(2) DATA AND METHODOLOGIES.—In pre16 paring the report under paragraph (1), the Bureau 

17 shall use—

18 ‘‘(A) the existing Department of Justice 

19 Federal Bureau of Prisons formula for deter20 mining the condition and adequacy of Depart21 ment of Justice detention facilities, including 

22 operational standards; 

23 ‘‘(B) data relating to conditions at deten24 tion facilities that have previously been com25 piled, collected, or secured from any source de-
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1 rived, so long as the data are accurate, relevant, 

2 timely, and necessary to preparation of the re3 port; and 

4 ‘‘(C) the methodologies of the American 

5 Institute of Architects or other accredited and 

6 reputable architecture or engineering associa7 tions responsible for detention facility construc8 tion. 

9 ‘‘(3) CONTENTS.—The report shall include— 

10 ‘‘(A) a catalog of the condition of detention 

11 facilities that— 

12 ‘‘(i) identifies the existing detention 

13 and complementary facilities and any de14 tention and complementary facilities that 

15 do not exist but are needed, taking into 

16 consideration— 

17 ‘‘(I) the size of a detention facil18 ity or complementary facility; 

19 ‘‘(II) the number of detainees in 

20 a facility; 

21 ‘‘(III) the age and condition of a 

22 facility; 

23 ‘‘(IV) interjurisdictional deten24 tion needs; 

25 ‘‘(V) staff needs; and 
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1 ‘‘(VI) prisoner isolation and 

2 transportation needs; 

3 ‘‘(ii) establishes a routine mainte4 nance schedule for each facility; 

5 ‘‘(iii) identifies staffing and oper6 ational needs of existing and needed facili7 ties; and 

8 ‘‘(iv) provides specific cost estimates 

9 needed to repair, renovate, lease or con10 struct any new, existing or additional de11 tention facilities or complementary facili12 ties; 

13 ‘‘(B) a detailed plan to bring all detention 

14 facilities and complementary facilities into com15 pliance with applicable standards that in16 cludes— 

17 ‘‘(i) detailed information on the status 

18 of each facility’s compliance with the 

19 standards; 

20 ‘‘(ii) specific cost estimates for meet21 ing the standards at each facility; and 

22 ‘‘(iii) specific timelines for bringing 

23 each facility into compliance with the 

24 standards; 
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1 ‘‘(C) an assessment of the feasibility of de2 veloping regional detention facilities, taking into 

3 consideration the factors identified in subpara4 graph (A)(i) and a comparison of costs and 

5 benefits of regional facilities versus individual 

6 tribal facilities; and 

7 ‘‘(D) an assessment of the feasibility of 

8 tribal operation of the facilities identified under 

9 subparagraphs (A)(i) and (C) under the Indian 

10 Self-Determination and Education Assistance 

11 Act (25 U.S.C. 450 et seq.), including— 

12 ‘‘(i) any cost savings that would result 

13 from tribal rather than Federal operation 

14 of the facilities; and 

15 ‘‘(ii) a comparison of costs and bene16 fits arising from individual tribal operation 

17 versus contracting detention services with 

18 State or local facilities. 

19 ‘‘(4) EFFECT OF SUBSECTION.—Nothing in this 

20 subsection requires termination of the operations of 

21 any facility that fails to comply with standards de22 scribed in subparagraph (B). 

23 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—

24 There is authorized to be appropriated to carry out 
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1 this subsection $500,000, to remain available until 

2 expended.’’.

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