In the Senate of the United States, 
June 23, 2010. 
Resolved, That the bill from the House of Representa-
tives (H.R. 725) entitled ‘‘An Act to protect Indian arts and 
crafts through the improvement of applicable criminal pro-
ceedings, and for other purposes.’’, do pass with the following 
AMENDMENT: 
At the end, add the following: 
DIVISION B—TRIBAL LAW AND 
ORDER 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Tribal Law and Order Act of 2010’’. 
(b) TABLE OF CONTENTS.—The table of contents of this 
division is as follows: 
DIVISION B—TRIBAL LAW AND ORDER 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings; purposes. 
Sec. 3. Definitions. 
Sec. 4. Severability. 
Sec. 5. Jurisdiction of the State of Alaska. 
Sec. 6. Effect.
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TITLE I—FEDERAL ACCOUNTABILITY AND COORDINATION 
Sec. 101. Office of Justice Services responsibilities. 
Sec. 102. Disposition reports. 
Sec. 103. Prosecution of crimes in Indian country. 
Sec. 104. Administration. 
TITLE II—STATE ACCOUNTABILITY AND COORDINATION 
Sec. 201. State criminal jurisdiction and resources. 
Sec. 202. State, tribal, and local law enforcement cooperation. 
TITLE III—EMPOWERING TRIBAL LAW ENFORCEMENT AGENCIES 
AND TRIBAL GOVERNMENTS 
Sec. 301. Tribal police officers. 
Sec. 302. Drug enforcement in Indian country. 
Sec. 303. Access to national criminal information databases. 
Sec. 304. Tribal court sentencing authority. 
Sec. 305. Indian Law and Order Commission. 
Sec. 306. Exemption for tribal display materials. 
TITLE IV—TRIBAL JUSTICE SYSTEMS 
Sec. 401. Indian alcohol and substance abuse. 
Sec. 402. Indian tribal justice; technical and legal assistance. 
Sec. 403. Tribal resources grant program. 
Sec. 404. Tribal jails program. 
Sec. 405. Tribal probation office liaison program. 
Sec. 406. Tribal youth program. 
Sec. 407. Improving public safety presence in rural Alaska. 
TITLE V—INDIAN COUNTRY CRIME DATA COLLECTION AND 
INFORMATION SHARING 
Sec. 501. Tracking of crimes committed in Indian country. 
Sec. 502. Criminal history record improvement program. 
TITLE VI—DOMESTIC VIOLENCE AND SEXUAL ASSAULT 
PROSECUTION AND PREVENTION 
Sec. 601. Prisoner release and reentry. 
Sec. 602. Domestic and sexual violence offense training. 
Sec. 603. Testimony by Federal employees. 
Sec. 604. Coordination of Federal agencies. 
Sec. 605. Sexual assault protocol. 
Sec. 606. Study of IHS sexual assault and domestic violence response capabili-
ties. 
SEC. 2. FINDINGS; PURPOSES. 
(a) FINDINGS.—Congress finds that—
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(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 acknowl-
edged that— 
(A) tribal law enforcement officers are often 
the first responders to crimes on Indian reserva-
tions; 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 en-
forcement 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 com-
munities nationwide; 
(4) the complicated jurisdictional scheme that ex-
ists in Indian country— 
(A) has a significant negative impact on the 
ability to provide public safety to Indian com-
munities; 
(B) has been increasingly exploited by 
criminals; and
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(2) to increase coordination and communication 
among Federal, State, tribal, and local law enforce-
ment agencies; 
(3) to empower tribal governments with the au-
thority, resources, and information necessary to safely 
and effectively provide public safety in Indian coun-
try; 
(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 in-
formation among Federal, State, and tribal officials 
responsible for responding to and investigating crimes 
in Indian country. 
SEC. 3. DEFINITIONS. 
(a) IN GENERAL.—In this division: 
(1) INDIAN COUNTRY.—The term ‘‘Indian coun-
try’’ 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 Fed-
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erally 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.—Sec-
tion 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 inves-
tigating or prosecuting an alleged criminal of-
fense in tribal court.’’. 
SEC. 4. SEVERABILITY. 
If any provision of this division, an amendment made 
by this division, 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 in-
valid, the remaining provisions of this division, the remain-
ing amendments made by this division, and the application 
of those provisions and amendments to individuals, entities,
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or circumstances other than the affected individual, entity, 
or circumstance shall not be affected. 
SEC. 5. JURISDICTION OF THE STATE OF ALASKA. 
Nothing in this Act limits, alters, expands, or dimin-
ishes the civil or criminal jurisdiction of the State of Alas-
ka, any subdivision of the State of Alaska, or any Indian 
tribe in that State. 
SEC. 6. EFFECT. 
Nothing in this Act confers on an Indian tribe crimi-
nal jurisdiction over non-Indians. 
TITLE 
I—FEDERAL 
ACCOUNT-
ABILITY AND COORDINATION 
SEC. 101. OFFICE OF JUSTICE SERVICES RESPONSIBIL-
ITIES. 
(a) DEFINITIONS.—Section 2 of the Indian Law En-
forcement 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 para-
graph (1) and moving the paragraphs so as to appear 
in numerical order; and 
(4) in paragraph (1) (as redesignated by para-
graph (3)), by striking ‘‘Division of Law Enforcement 
Services’’ and inserting ‘‘Office of Justice Services’’.
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(b) ADDITIONAL RESPONSIBILITIES OF OFFICE.—Sec-
tion 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 estab-
lished 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 Serv-
ices’’ 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 offi-
cials, indigent defense representatives, and residents
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of Indian country on a regular basis regarding public 
safety and justice concerns facing tribal communities; 
‘‘(12) conducting meaningful and timely con-
sultation with tribal leaders and tribal justice offi-
cials in the development of regulatory policies and 
other actions that affect public safety and justice in 
Indian country; 
‘‘(13) providing technical assistance and train-
ing to tribal law enforcement officials to gain access 
and input authority to utilize the National Criminal 
Information Center and other national crime infor-
mation 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 Omni-
bus 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 De-
partment of Justice all relevant crime data, including 
Uniform Crime Reports, that the Office of Justice 
Services prepares and receives from tribal law en-
forcement agencies on a tribe-by-tribe basis to ensure 
that individual tribal governments providing data are
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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 pro-
grams 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 
dis-
patchers; 
‘‘(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 obli-
gated for each category described in clause (i) for 
each fiscal year;
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‘‘(B) a list of amounts dedicated to law en-
forcement and corrections, vehicles, related trans-
portation costs, equipment, inmate transpor-
tation costs, inmate transfer costs, replacement, 
improvement, and repair of facilities, personnel 
transfers, detailees and costs related to their de-
tails, 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 jus-
tice 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 tech-
nology needs; and 
‘‘(D) the formula, priority list or other 
methodology used to determine the method of dis-
bursement of funds for the public safety and jus-
tice programs administered by the Office of Jus-
tice Services;
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(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 Viola-
tions 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 strik-
ing ‘‘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 sub-
stance offense in violation of— 
‘‘(aa) the Controlled Substances 
Act (21 U.S.C. 801 et seq.); 
‘‘(bb) title IX of the Personal Re-
sponsibility and Work Opportunity 
Reconciliation Act of 1996 (21 U.S.C. 
862a et seq.); or
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‘‘(cc) section 731 of the USA PA-
TRIOT Improvement and Reauthor-
ization 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 viola-
tion 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 be-
lieve that the individual to be arrested has com-
mitted, or is committing, the crime;’’. 
SEC. 102. 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 em-
ployee of any Federal department or agency termi-
nates an investigation of an alleged violation of Fed-
eral criminal law in Indian country without referral
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for prosecution, the officer or employee shall coordi-
nate with the appropriate tribal law enforcement offi-
cials 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 deci-
sions not to refer to an appropriate prosecuting au-
thority 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 refer-
ring 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
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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 re-
ferred 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 Investiga-
tion, by Field Division; and
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‘‘(ii) for United States Attorneys, by Fed-
eral judicial district; and 
‘‘(2) including any relevant explanatory state-
ments. 
‘‘(c) EFFECT OF SECTION.— 
‘‘(1) IN GENERAL.—Nothing in this section re-
quires 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
PROCE-
DURE.—Nothing in this section affects or limits the 
requirements of Rule 6 of the Federal Rules of Crimi-
nal Procedure. 
‘‘(3) REGULATIONS.—The Attorney General shall 
establish, by regulation, standards for the protection 
of the confidential or privileged communications, in-
formation, and sources described in this section.’’. 
SEC. 103. 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
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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 ‘In-
dian country’ has the meaning given that term in section 
1151 of title 18.’’. 
(2) SENSE OF CONGRESS REGARDING CONSULTA-
TION.—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 coun-
try, the Attorney General should consult with tribal 
justice officials of each Indian tribe that would be af-
fected 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 LI-
AISONS. 
‘‘(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.
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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 enti-
ties responsible for responding to Indian country 
crimes. 
‘‘(8) Coordinating with the Office of Tribal Jus-
tice, 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 deter-
mine the duties of a tribal liaison officer to meet the needs 
of the Indian tribes located within the relevant Federal dis-
trict. 
‘‘(d) ENHANCED PROSECUTION OF MINOR CRIMES.— 
‘‘(1) IN GENERAL.—Each United States Attorney 
serving a district that includes Indian country is au-
thorized and encouraged— 
‘‘(A) to appoint Special Assistant United 
States Attorneys pursuant to section 543(a) of 
title 28, United States Code, to prosecute crimes
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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 of-
fenses are declined to be prosecuted exceeds 
the national average declination rate; 
‘‘(B) to coordinate with applicable United 
States district courts regarding scheduling of In-
dian country matters and holding trials or other 
proceedings in Indian country, as appropriate; 
‘‘(C) to provide to appointed Special Assist-
ant United States Attorneys appropriate train-
ing, supervision, and staff support; and 
‘‘(D) to provide technical and other assist-
ance to tribal governments and tribal court sys-
tems to ensure that the goals of this subsection 
are achieved. 
‘‘(2) SENSE
OF
CONGRESS
REGARDING
CON-
SULTATION.—It is the sense of Congress that, in ap-
pointing Special Assistant United States Attorneys 
under this subsection, a United States Attorney 
should consult with tribal justice officials of each In-
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dian tribe that would be affected by the appoint-
ment.’’. 
(2) SENSE OF CONGRESS REGARDING EVALUA-
TIONS OF TRIBAL LIAISONS.— 
(A) FINDINGS.—Congress finds that— 
(i) many residents of Indian country 
rely solely on United States Attorneys of-
fices to prosecute felony and misdemeanor 
crimes occurring on Indian land; and 
(ii) tribal liaisons have dual obliga-
tions of— 
(I) coordinating prosecutions of 
Indian country crime; and 
(II) developing relationships with 
residents of Indian country and serv-
ing as a link between Indian country 
residents and the Federal justice proc-
ess. 
(B) SENSE OF CONGRESS.—It is the sense of 
Congress that the Attorney General should— 
(i) take all appropriate actions to en-
courage the aggressive prosecution of all 
Federal crimes committed in Indian coun-
try; and
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(ii) when appropriate, take into con-
sideration the dual responsibilities of tribal 
liaisons described in subparagraph (A)(ii) 
in evaluating the performance of the tribal 
liaisons. 
SEC. 104. ADMINISTRATION. 
(a) OFFICE OF TRIBAL JUSTICE.— 
(1) DEFINITIONS.—Section 4 of the Indian Trib-
al 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), re-
spectively; and 
(B) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) DIRECTOR.—The term ‘Director’ means the 
Director of the Office of Tribal Justice.’’. 
(2) STATUS.—Title I of the Indian Tribal Jus-
tice 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:
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‘‘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 Jus-
tice as a component of the Department. 
‘‘(b) PERSONNEL AND FUNDING.—The Attorney Gen-
eral shall provide to the Office of Tribal Justice such per-
sonnel 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 advi-
sor 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 organiza-
tions with respect to questions and comments regard-
ing policies and programs of the Department and 
issues relating to public safety and justice in Indian 
country; and 
‘‘(3) coordinate with other bureaus, agencies, of-
fices, and divisions within the Department of Justice 
to ensure that each component has an accountable 
process to ensure meaningful and timely consultation
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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 103(b)) is amended by adding 
at the end the following: 
‘‘SEC. 14. NATIVE AMERICAN ISSUES COORDINATOR. 
‘‘(a) ESTABLISHMENT.—There is established in the Ex-
ecutive Office for United States Attorneys of the Depart-
ment of Justice a position to be known as the ‘Native Amer-
ican Issues Coordinator’. 
‘‘(b) DUTIES.—The Native American Issues Coordi-
nator shall— 
‘‘(1) coordinate with the United States Attorneys 
that have authority to prosecute crimes in Indian 
country; 
‘‘(2) coordinate prosecutions of crimes of na-
tional significance in Indian country, as determined 
by the Attorney General;
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‘‘(3) coordinate as necessary with other compo-
nents of the Department of Justice and any relevant 
advisory groups to the Attorney General or the Dep-
uty Attorney General; and 
‘‘(4) carry out such other duties as the Attorney 
General may prescribe.’’. 
TITLE 
II—STATE 
ACCOUNT-
ABILITY AND COORDINATION 
SEC. 
201. 
STATE 
CRIMINAL 
JURISDICTION 
AND 
RE-
SOURCES. 
(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 head-
ing and all that follows through ‘‘The consent of the 
United States’’ and inserting the following: 
‘‘SEC. 401. ASSUMPTION BY STATE OF CRIMINAL JURISDIC-
TION. 
‘‘(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 re-
quest of an Indian tribe, and after consultation with 
and consent by the Attorney General, the United
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States shall accept concurrent jurisdiction to pros-
ecute 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 concur-
rent among the Federal Government, State govern-
ments, and, where applicable, tribal governments.’’. 
SEC. 202. 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-deputiza-
tion for the purposes of— 
(1) improving law enforcement effectiveness; 
(2) reducing crime in Indian country and near-
by communities; and
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(3) developing successful cooperative relation-
ships that effectively combat crime in Indian country 
and nearby communities. 
TITLE III—EMPOWERING TRIBAL 
LAW 
ENFORCEMENT 
AGEN-
CIES AND TRIBAL GOVERN-
MENTS 
SEC. 301. TRIBAL POLICE OFFICERS. 
(a) FLEXIBILITY IN TRAINING LAW ENFORCEMENT OF-
FICERS SERVING INDIAN COUNTRY.—Section 3(e) of the In-
dian Law Enforcement Reform Act (25 U.S.C. 2802(e)) (as 
amended by section 101(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 EXPERI-
ENCE.— 
‘‘(A) IN GENERAL.—The Secretary’’; and 
(B) by adding at the end the following: 
‘‘(B) REQUIREMENTS FOR TRAINING.—The 
training standards established under subpara-
graph (A)—
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‘‘(i) shall be consistent with standards 
accepted by the Federal Law Enforcement 
Training Accreditation commission for law 
enforcement officers attending similar pro-
grams; 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 estab-
lished under subparagraph (A) through training 
at a State or tribal police academy, a State, re-
gional, 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 Of-
ficer Standards of Training. 
‘‘(D) MAXIMUM AGE REQUIREMENT.—Pur-
suant to section 3307(e) of title 5, United States 
Code, the Secretary may employ as a law en-
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forcement officer under section 4 any individual 
under the age of 47, if the individual meets all 
other applicable hiring requirements for the ap-
plicable 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 back-
ground check is made by an Indian tribe that 
has contracted or entered into a compact for law 
enforcement or corrections services with the Bu-
reau 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.’’.
† HR 725 EAS 
(b) SPECIAL LAW ENFORCEMENT COMMISSIONS.—Sec-
tion 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 proce-
dures to enter into memoranda of agreement’’; 
(2) in the second sentence, by striking ‘‘The Sec-
retary’’ 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 COUN-
TRY.— 
‘‘(i) IN GENERAL.—The procedures de-
scribed in paragraph (1) shall include the 
development of a plan to enhance the certifi-
cation and provision of special law enforce-
ment commissions to tribal law enforcement 
officials, and, subject to subsection (d), 
State and local law enforcement officials, 
pursuant to this section.
† HR 725 EAS 
‘‘(ii) INCLUSIONS.—The plan under 
clause (i) shall include the hosting of re-
gional training sessions in Indian country, 
not less frequently than biannually, to edu-
cate 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 Trib-
al Law and Order Act of 2010, the Sec-
retary, in consultation with Indian tribes 
and tribal law enforcement agencies, shall 
develop minimum requirements to be in-
cluded in special law enforcement commis-
sion agreements pursuant to this section. 
‘‘(ii) SUBSTANCE OF AGREEMENTS.— 
Each agreement entered into pursuant to 
this section shall reflect the status of the ap-
plicable certified individual as a Federal 
law enforcement officer under subsection (f), 
acting within the scope of the duties de-
scribed in section 3(c). 
‘‘(iii) AGREEMENT.—Not later than 60 
days after the date on which the Secretary 
determines that all applicable requirements
† HR 725 EAS 
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 Af-
fairs. 
‘‘(3) COMMITTEE.—The term ‘Committee’ means 
the Committee for the Establishment of the Indian 
Law Enforcement Foundation established under sec-
tion 702(e)(1). 
‘‘(4) 
FOUNDATION.—The 
term 
‘Foundation’ 
means the Indian Law Enforcement Foundation es-
tablished under section 702.
† HR 725 EAS 
‘‘(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 pur-
poses of determining Federal appropriations re-
lating 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.
† HR 725 EAS 
‘‘(c) PLACE OF INCORPORATION AND DOMICILE.—The 
Foundation shall be incorporated and domiciled in the Dis-
trict of Columbia. 
‘‘(d) DUTIES.—The Foundation shall— 
‘‘(1) encourage, accept, and administer, in ac-
cordance 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 Amer-
ican Indian and Alaska Native communities; and 
‘‘(2) assist the Office of Justice Services of the 
Bureau of Indian Affairs and Indian tribal govern-
ments in funding and conducting activities and pro-
viding education to advance and support the provi-
sion 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 Foun-
dation’, to assist the Secretary in establishing the 
Foundation.
† HR 725 EAS 
‘‘(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 nec-
essary to incorporate the Foundation under the 
laws of the District of Columbia, including act-
ing 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 pro-
vide for the exercise of, the powers of the Foundation. 
‘‘(3) SELECTION.—
† HR 725 EAS 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the number of members of the Board, 
the manner of selection of the members (includ-
ing the filling of vacancies), and the terms of of-
fice 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
† HR 725 EAS 
as a member, but shall be reimbursed for actual 
and necessary travel and subsistence expenses in-
curred in the performance of the duties of the 
Foundation. 
‘‘(g) OFFICERS.— 
‘‘(1) IN GENERAL.—The officers of the Founda-
tion 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 oper-
ating officer of the Foundation. 
‘‘(B) APPOINTMENT.—The Board may ap-
point a chief operating officer in lieu of the Sec-
retary 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.
† HR 725 EAS 
‘‘(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 Colum-
bia. 
‘‘(2) ACTIVITIES; OFFICES.—The activities of the 
Foundation may be conducted, and offices may be 
maintained, throughout the United States in accord-
ance with the constitution and bylaws of the Founda-
tion. 
‘‘(j) SERVICE OF PROCESS.—The Foundation shall 
comply with the law on service of process of each State in
† HR 725 EAS 
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 lia-
ble for the acts of the officers, employees, and agents 
of the Foundation acting within the scope of the au-
thority of the officers, employees, and agents. 
‘‘(2) PERSONAL
LIABILITY.—A member of the 
Board shall be personally liable only for gross neg-
ligence in the performance of the duties of the mem-
ber. 
‘‘(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 ad-
ministrative costs of the Foundation shall not exceed 
the percentage described in paragraph (2) of the sum 
of— 
‘‘(A) the amounts transferred to the Foun-
dation under subsection (n) during the preceding 
fiscal year; and 
‘‘(B) 
donations 
received 
from 
private 
sources during the preceding fiscal year.
† HR 725 EAS 
‘‘(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 per-
cent; and 
‘‘(C) for each fiscal year thereafter, 15 per-
cent. 
‘‘(3) APPOINTMENT AND HIRING.—The appoint-
ment 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 consid-
ered to be an officer, employee, or agent of the United 
States. 
‘‘(m) AUDITS.—The Foundation shall comply with sec-
tion 10101 of title 36, United States Code, as if the Founda-
tion 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 Sec-
retary, the Secretary may use to carry out this section not 
more than $500,000.
† HR 725 EAS 
‘‘SEC. 703. ADMINISTRATIVE SERVICES AND SUPPORT. 
‘‘(a) PROVISION OF SUPPORT BY SECRETARY.—Sub-
ject to subsection (b), during the 5-year period beginning 
on the date on which the Foundation is established, the Sec-
retary— 
‘‘(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 mem-
bers 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 appro-
priations account; and 
‘‘(2) shall be chargeable for the cost of providing 
services described in subsection (a)(1) and travel ex-
penses described in subsection (a)(2). 
‘‘(c) CONTINUATION OF CERTAIN SERVICES.—The Sec-
retary may continue to provide facilities and necessary sup-
port services to the Foundation after the termination of the
† HR 725 EAS 
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-De-
termination 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 para-
graph (2) of section 803 (as redesignated by para-
graph (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
† HR 725 EAS 
‘‘(2) the Indian Law Enforcement Foundation 
established under section 701(a) of the Indian Self- 
Determination and Education Assistance Act.’’. 
SEC. 302. 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 ‘‘ trib-
al,’’ 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 amend-
ed— 
(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
† HR 725 EAS 
(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 in-
serting ‘‘, 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 enti-
ty lacks jurisdiction to perform; or 
(2) has any effect other than to authorize, award, 
or deny a grant of funds to a federally recognized In-
dian tribe for the purposes described in the relevant 
grant program. 
SEC. 303. 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:
† HR 725 EAS 
‘‘(d) INDIAN LAW ENFORCEMENT AGENCIES.—The At-
torney 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 redes-
ignated by paragraph (3)), in the matter preceding 
subparagraph (A), by inserting ‘‘, tribal,’’ after ‘‘Fed-
eral’’. 
(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, na-
tional crime information databases and information 
obtained from those databases, a tribal law enforce-
ment 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 In-
† HR 725 EAS 
dian 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. 304. 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 fol-
lowing: 
‘‘(a) IN GENERAL.—No Indian tribe’’; 
(2) in subsection (a) (as designated by para-
graph (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;
† HR 725 EAS 
‘‘(C) subject to subsection (b), impose for convic-
tion 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 pro-
ceeding 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 imprison-
ment 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 com-
parable 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 pro-
ceeding in which an Indian tribe, in exercising powers of
† HR 725 EAS 
‘‘(2) to serve another alternative form of punish-
ment, as determined by the tribal court judge pursu-
ant 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 af-
fects the obligation of the United States, or any State gov-
ernment 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 coordina-
tion 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 vio-
lence and improving the administration of justice on 
Indian lands; and 
(2) a recommendation of whether enhanced sen-
tencing authority should be discontinued, enhanced, 
or maintained at the level authorized under this divi-
sion. 
(c) BUREAU OF PRISONS TRIBAL PRISONER PILOT 
PROGRAM.—
† HR 725 EAS 
(1) IN GENERAL.—Not later than 120 days after 
the date of enactment of this division, the Director of 
the Bureau of Prisons shall establish a pilot program 
under which the Bureau of Prisons shall accept of-
fenders 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 con-
ditions described in paragraph (2). 
(2) CONDITIONS.— 
(A) IN GENERAL.—As a condition of par-
ticipation 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 Gen-
eral (or a designee) by not later than 30 days 
after the date of submission. 
(B) LIMITATIONS.—Requests for confine-
ment 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 imprison-
ment by the Bureau of Prisons shall be subject 
to the conditions described in section 5003 of
† HR 725 EAS 
title 18, United States Code, regarding the cus-
tody of State offenders, except that the offender 
shall be placed in the nearest available and ap-
propriate Federal facility, and imprisoned at the 
expense of the United States. 
(D) CAP.—The Bureau of Prisons shall con-
fine 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 re-
scission 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 Attor-
ney General shall submit to Congress a report describ-
† HR 725 EAS 
ing the status of the program, including recommenda-
tions regarding the future of the program, if any. 
(6) TERMINATION.—Except as otherwise pro-
vided 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 estab-
lished. 
(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 fol-
lowing: 
‘‘(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. 305. INDIAN LAW AND ORDER COMMISSION. 
The Indian Law Enforcement Reform Act (25 U.S.C. 
2801 et seq.) (as amended by section 104(b)) is amended 
by adding at the end the following: 
‘‘SEC. 15. INDIAN LAW AND ORDER COMMISSION. 
‘‘(a) ESTABLISHMENT.—There is established a com-
mission to be known as the Indian Law and Order Commis-
sion (referred to in this section as the ‘Commission’). 
‘‘(b) MEMBERSHIP.—
† HR 725 EAS 
‘‘(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 Af-
fairs 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 con-
sultation with the Ranking Members of the Com-
mittees on the Judiciary and Natural Resources 
of the House of Representatives.
† HR 725 EAS 
‘‘(2) REQUIREMENTS
FOR
ELIGIBILITY.—Each 
member of the Commission shall have significant ex-
perience and expertise in— 
‘‘(A) the Indian country criminal justice 
system; and 
‘‘(B) matters to be studied by the Commis-
sion. 
‘‘(3) CONSULTATION REQUIRED.—The President, 
the Speaker and Minority Leader of the House of 
Representatives, and the Majority Leader and Minor-
ity Leader of the Senate shall consult before the ap-
pointment of members of the Commission under para-
graph (1) to achieve, to the maximum extent prac-
ticable, fair and equitable representation of various 
points of view with respect to the matters to be stud-
ied 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 en-
actment of this Act. 
‘‘(6) VACANCIES.—A vacancy in the Commission 
shall be filled—
† HR 725 EAS 
shall conduct a comprehensive study of law enforcement and 
criminal justice in tribal communities, including— 
‘‘(1) jurisdiction over crimes committed in In-
dian 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 pro-
grams in preventing juvenile crime, rehabilitating In-
dian 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 trib-
al government authority; and
† HR 725 EAS 
‘‘(C) the fairness and effectiveness of tribal 
criminal systems; and 
‘‘(5) studies of such other subjects as the Com-
mission 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 Commis-
sion shall develop recommendations on necessary modifica-
tions 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 cus-
tody; 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 sys-
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tems (including defendants incarcerated for a period 
of less than 1 year); 
‘‘(6) changes to the tribal jails and Federal pris-
on systems; and 
‘‘(7) other issues that, as determined by the Com-
mission, would reduce violent crime in Indian coun-
try. 
‘‘(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 ad-
visable to carry out the duties of the Commission 
under this section.
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‘‘(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 wit-
nesses 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 infor-
mation as the Commission considers to be nec-
essary 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
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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 prop-
erty. 
‘‘(h) COMMISSION PERSONNEL MATTERS.— 
‘‘(1) TRAVEL EXPENSES.—A member of the Com-
mission 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 chap-
ter 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 Commis-
sion and the approval of the appropriate Federal 
agency head, an employee of the Federal Government 
may be detailed to the Commission without reim-
bursement, and such detail shall be without interrup-
tion or loss of civil service status, benefits, or privi-
leges. 
‘‘(3) PROCUREMENT OF TEMPORARY AND INTER-
MITTENT SERVICES.—On request of the Commission, 
the Attorney General shall provide to the Commission,
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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 re-
searchers 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 se-
lected by the Commission under subparagraph 
(A) to provide funding in exchange for the serv-
ices 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 organi-
zation 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 Ad-
visory Committee’.
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‘‘(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 experi-
ence 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 Com-
mission; 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 sec-
tion. 
‘‘(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
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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 Com-
mission submits the report of the Commission under sub-
section (f). 
‘‘(m) NONAPPLICABILITY OF FACA.—The Federal Ad-
visory Committee Act (5 U.S.C. App.) shall not apply to 
the Commission.’’. 
SEC. 306. 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 im-
portation of display fireworks materials for delivery 
to a federally recognized Indian tribe or tribal agen-
cy.’’. 
(b) DEFINITION OF INDIAN TRIBE.—Section 841 of 
title 18, United States Code is amended by adding at the 
end the following:
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‘‘(t) INDIAN TRIBE.—The term ‘Indian tribe’ has the 
meaning given the term in section 102 of the Federally Rec-
ognized 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 ‘‘sub-
section’’; and 
(2) in subsection (b), by striking ‘‘Secretary’’ 
each place it appears and inserting ‘‘Attorney Gen-
eral’’. 
TITLE IV—TRIBAL JUSTICE 
SYSTEMS 
SEC. 401. 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
† HR 725 EAS 
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 Inte-
rior’’; 
(ii) in paragraph (2)(A), by inserting 
‘‘, Office of Justice Programs, Substance 
Abuse and Mental Health Services Adminis-
tration,’’ after ‘‘Bureau of Indian Affairs,’’; 
(iii) in paragraph (4), by inserting ‘‘, 
Department of Justice, Substance Abuse 
and Mental Health Services Administra-
tion,’’ after ‘‘Bureau of Indian Affairs’’; 
(iv) in paragraph (5), by inserting ‘‘, 
Department of Justice, Substance Abuse 
and Mental Health Services Administra-
tion,’’ 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 At-
torney General,’’ after ‘‘Secretary of the Inte-
rior’’; and
† HR 725 EAS 
(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 amend-
ed— 
(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 Administra-
tion,’’ 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’’;
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(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 Pre-
vention and Treatment Act of 1986 (25 U.S.C. 2413) 
is amended— 
(A) in subsection (a), by inserting ‘‘, the At-
torney General’’ after ‘‘Bureau of Indian Af-
fairs’’; 
(B) in subsection (b)— 
(i) by striking paragraph (1) and in-
serting the following: 
‘‘(1) ESTABLISHMENT.— 
‘‘(A) IN GENERAL.—To improve coordina-
tion among the Federal agencies and depart-
ments carrying out this subtitle, there is estab-
lished within the Substance Abuse and Mental 
Health Services Administration an office, to be 
known as the ‘Office of Indian Alcohol and Sub-
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stance 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 Ad-
ministration— 
‘‘(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 addi-
tion’’; 
(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 Memo-
randum of Agreement entered into under section 
4205;’’; 
(III) in subparagraph (B)— 
(aa) by striking ‘‘within the 
Bureau of Indian Affairs’’; and
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(bb) by striking the period at 
the end and inserting ‘‘; and’’; 
and 
(IV) by adding at the end the fol-
lowing: 
‘‘(C) not later than 1 year after the date of 
enactment of the Tribal Law and Order Act of 
2010, developing, in coordination and consulta-
tion with tribal governments, a framework for 
interagency and tribal coordination that— 
‘‘(i) establish the goals and other de-
sired outcomes of this Act; 
‘‘(ii) prioritizes outcomes that are 
aligned with the purposes of affected agen-
cies; 
‘‘(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
† HR 725 EAS 
(iii) by striking paragraph (3) and in-
serting the following: 
‘‘(3) APPOINTMENT
OF
EMPLOYEES.—The Ad-
ministrator 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 nec-
essary to enable the Office to carry out the respon-
sibilities under this subsection.’’; and 
(C) in subsection (c)— 
(i) by striking ‘‘of Alcohol and Sub-
stance Abuse’’ each place it appears; 
(ii) in paragraph (1), in the second 
sentence, by striking ‘‘The Assistant Sec-
retary of the Interior for Indian Affairs’’ 
and inserting ‘‘The Administrator of the 
Substance Abuse and Mental Health Serv-
ices Administration’’; and 
(iii) in paragraph (3)— 
(I) in the matter preceding sub-
paragraph (A), by striking ‘‘Youth’’ 
and inserting ‘‘youth’’; and 
(II) by striking ‘‘programs of the 
Bureau of Indian Affairs’’ and insert-
ing ‘‘the applicable Federal programs’’.
† HR 725 EAS 
(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 Sec-
retary 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 At-
torney General,’’ after ‘‘the Secretary of the Inte-
rior’’; 
(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
† HR 725 EAS 
ing ‘‘, 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 semi-
colon; 
(ii) in subparagraph (B), by striking 
‘‘, and’’ at the end and inserting a semi-
colon; 
(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 Bu-
† HR 725 EAS 
reau 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 fis-
cal 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 Inte-
rior, in coordination with the Attorney General, the 
Administrator of the Drug Enforcement Administra-
tion, and the Director of the Federal Bureau of Inves-
tigation, shall ensure, through the establishment of a
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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 of-
fenses 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 treat-
ment.’’; and 
(2) in subsection (b), by striking ‘‘as may be nec-
essary’’ 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’’;
† HR 725 EAS 
(B) in the second sentence, by striking ‘‘The 
Secretary shall’’ and inserting the following: 
‘‘(2) CONSTRUCTION AND OPERATION.—The Sec-
retary 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 consulta-
tion with tribal leaders and tribal justice offi-
cials, shall develop a long-term plan for the con-
struction, renovation, and operation of Indian 
juvenile detention and treatment centers and al-
ternatives to detention for juvenile offenders. 
‘‘(B) COORDINATION.—The plan under sub-
paragraph (A) shall require the Bureau of In-
dian Education and the Indian Health Service 
to coordinate with tribal and Bureau of Indian 
Affairs juvenile detention centers to provide serv-
ices 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
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‘‘for each of fiscal years 2011 through 2015’’; 
and 
(B) by indenting paragraph (2) appro-
priately. 
SEC. 402. 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 de-
fenders, appointed defense counsel, guardians ad 
litem, and court-appointed special advocates for chil-
dren 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 sec-
tions 101 and 102 of this Act’’ and insert-
ing ‘‘sections 101 and 102’’; and
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(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 sec-
tion 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
† HR 725 EAS 
(C) in paragraphs (9) and (10), by insert-
ing ‘‘, tribal,’’ after ‘‘State’’ each place it ap-
pears; 
(D) in paragraph (15)— 
(i) by striking ‘‘a State in’’ and insert-
ing ‘‘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 in-
serting ‘‘a State, tribal, or’’; 
(E) in paragraph (16), by striking ‘‘and’’ 
at the end 
(F) in paragraph (17), by striking the pe-
riod at the end and inserting ‘‘; and’’; 
(G) 
by 
redesignating 
paragraphs 
(6) 
through (17) as paragraphs (5) through (16), re-
spectively; and 
(H) by adding at the end the following: 
‘‘(17) to permit tribal governments receiving di-
rect law enforcement services from the Bureau of In-
dian Affairs to access the program under this section 
for use in accordance with paragraphs (1) through 
(16).’’.
† HR 725 EAS 
(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 At-
torney 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 as-
sist 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 sub-
section, the Attorney General shall take into consider-
ation reservation crime rates and tribal law enforce-
ment 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 sub-
section—
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‘‘(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 effec-
tiveness of the Community Oriented Policing (COPS) ini-
tiative as applied in Indian country, including particular 
references to— 
‘‘(1) the problem of intermittent funding; 
‘‘(2) the integration of COPS personnel with ex-
isting law enforcement authorities; and 
‘‘(3) an explanation of how the practice of com-
munity policing and the broken windows theory can 
most effectively be applied in remote tribal loca-
tions.’’. 
SEC. 404. 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:
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‘‘(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 of-
fender 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 pro-
vide 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 pri-
vate entities to increase the efficiency of the 
construction of tribal jails; and 
‘‘(iii) developing and implementing al-
ternatives to incarceration in tribal jails;
† HR 725 EAS 
‘‘(B) to Indian tribes for the construction of 
tribal justice centers that combine tribal police, 
courts, and corrections services to address viola-
tions of tribal civil and criminal laws; 
‘‘(C) to consortia of Indian tribes for pur-
poses of constructing and operating regional de-
tention centers on Indian land for long-term in-
carceration of offenders subject to tribal jurisdic-
tion, 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 sub-
section shall be 100 percent.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
20109(c) of the Violent Crime Control and Law En-
forcement Act of 1994 (42 U.S.C. 13709(c)) is amend-
† HR 725 EAS 
ed 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 Gen-
eral, 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 Con-
gress a long-term plan to address incarceration in Indian 
country, including— 
‘‘(1) a description of proposed activities for— 
‘‘(A) construction, operation, and mainte-
nance 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 de-
tention centers, on approval of the affected tribal 
governments; and 
‘‘(C) alternatives to incarceration, developed 
in cooperation with tribal court systems;
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‘‘(2) an assessment and consideration of the con-
struction of Federal detention facilities in Indian 
country; and 
‘‘(3) any other alternatives as the Attorney Gen-
eral, in coordination with the Bureau of Indian Af-
fairs and in consultation with Indian tribes, deter-
mines to be necessary.’’. 
SEC. 405. 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 offi-
cers or assistants for purposes of monitoring and pro-
viding services to Federal prisoners residing in In-
dian country; and 
‘‘(2) provide substance abuse, mental health, and 
other related treatment services to offenders residing 
on Indian land.’’.
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SEC. 406. TRIBAL YOUTH PROGRAM. 
(a) INCENTIVE GRANTS
FOR LOCAL DELINQUENCY 
PREVENTION PROGRAMS.—Section 504 of the Juvenile Jus-
tice and Delinquency Prevention Act of 1974 (42 U.S.C. 
5783) is amended— 
(1) in subsection (a), by inserting ‘‘, or to feder-
ally 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 preven-
tion services; and 
‘‘(ii) the ability of Indian tribes to re-
spond to, and care for, juvenile offenders; 
and 
‘‘(B) to encourage accountability of Indian 
tribal governments with respect to preventing ju-
venile delinquency and responding to, and car-
ing for, juvenile offenders.
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‘‘(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 Ad-
ministrator an application in such form and con-
taining 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:
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‘‘(iv) One member shall be appointed 
by the Chairman of the Committee on In-
dian 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. 407. 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 indi-
vidual 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 Edu-
cational Assistance Act (25 U.S.C. 450b(l)).
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(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 ap-
plicants 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 pub-
lic 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 offi-
cer or tribal law enforcement officer in the State shall 
be eligible to participate in any training program of-
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fered 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 OFFI-
CERS.—Section 112(a) of the Consolidated Appropriations 
Act, 2004 (Public Law 108–199; 118 Stat. 62) is amend-
ed— 
(1) by striking paragraph (1); 
(2) by redesignating subparagraphs (A) and (B) 
of paragraph (2) as paragraphs (1) and (2), respec-
tively, 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 appro-
priately.
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TITLE 
V—INDIAN 
COUNTRY 
CRIME 
DATA 
COLLECTION 
AND INFORMATION SHARING 
SEC. 501. 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), re-
spectively; 
(B) by inserting after paragraph (7) the fol-
lowing: 
‘‘(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 in-
serting ‘‘tribal, State,’’; and 
(D) in paragraphs (10) through (12) (as re-
designated by subparagraph (A)), by inserting 
‘‘tribal,’’ before ‘‘State,’’ each place it appears; 
and
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(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 ‘‘, In-
dian 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’’;
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(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 ‘‘, trib-
al,’’ after ‘‘State’’; and 
(J) in paragraph (22), by inserting ‘‘, trib-
al,’’ 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 Jus-
tice Services) and the Director of the Federal Bureau 
of Investigation, shall work with Indian tribes and 
tribal law enforcement agencies to establish and im-
plement such tribal data collection systems as the Di-
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rector determines to be necessary to achieve the pur-
poses 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 enti-
ty lacks jurisdiction to perform; or 
(2) has any effect other than to authorize, award, 
or deny a grant of funds to a federally recognized In-
dian tribe for the purposes described in the relevant 
grant program.
100 
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SEC. 502. CRIMINAL HISTORY RECORD IMPROVEMENT PRO-
GRAM. 
(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 enti-
ty lacks jurisdiction to perform; or 
(2) has any effect other than to authorize, award, 
or deny a grant of funds to a federally recognized In-
dian tribe for the purposes described in the relevant 
grant program. 
TITLE VI—DOMESTIC VIOLENCE 
AND SEXUAL ASSAULT PROS-
ECUTION AND PREVENTION 
SEC. 601. 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 jurisdic-
tion’’ and inserting ‘‘officers of each State, tribal, and 
local jurisdiction’’; and
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(3) in subsection (c)(1)— 
(A) in subparagraph (A), by striking ‘‘offi-
cer 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 in-
serting ‘‘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. 602. 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 
101(a)(2)) is amended by inserting before the semicolon at 
the end the following: ‘‘, including training to properly
102 
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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 pre-
venting domestic and sexual violent offenses’’. 
SEC. 603. TESTIMONY BY FEDERAL EMPLOYEES. 
The Indian Law Enforcement Reform Act (25 U.S.C. 
2801 et seq.) (as amended by section 305) is amended by 
adding at the end the following: 
‘‘SEC. 16. TESTIMONY BY FEDERAL EMPLOYEES. 
‘‘(a) APPROVAL OF EMPLOYEE TESTIMONY OR DOCU-
MENTS.— 
‘‘(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 as-
sault nurse examiner, or other employee under the su-
pervision of the Director concerned to provide docu-
ments or testimony in a deposition, trial, or other 
similar criminal proceeding regarding information 
obtained in carrying out the official duties of the em-
ployee.
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‘‘(2) DEADLINE.—The court issuing a subpoena 
under paragraph (1) shall provide to the appropriate 
Federal employee (or agency in the case of a docu-
ment 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 con-
cerned 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 sub-
poena shall be considered to be approved for purposes 
of this section.’’. 
SEC. 604. 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 in-
clude any recommendations that the Secretary determines
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to be necessary to prevent the sex trafficking of Indian 
women. 
SEC. 605. SEXUAL ASSAULT PROTOCOL. 
The Indian Law Enforcement Reform Act (25 U.S.C. 
2801 et seq.) (as amended by section 603) is amended by 
adding at the end the following: 
‘‘SEC. 17. POLICIES AND PROTOCOL. 
‘‘The Director of the Indian Health Service, in coordi-
nation 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. 606. 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 reserva-
tions and Alaska Native villages, including facilities 
operated pursuant to contracts or compacts under the 
Indian Self-Determination and Education Assistance
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Act (25 U.S.C. 450b et seq.), to collect, maintain, and 
secure evidence of sexual assaults and domestic vio-
lence 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 Represent-
atives a report describing the results of the study under sub-
section (a), including the recommendations developed under 
that subsection, if any. 
Attest: 
Secretary.