H. R. 725 
One Hundred Eleventh Congress 
of the 
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Tuesday, 
the fifth day of January, two thousand and ten 
An Act 
To protect Indian arts and crafts through the improvement of applicable criminal 
proceedings, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
TITLE I—INDIAN ARTS AND CRAFTS 
AMENDMENTS 
SEC. 101. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This title may be cited as the ‘‘Indian Arts 
and Crafts Amendments Act of 2010’’. 
(b) TABLE OF CONTENTS.—The table of contents of this title 
is as follows: 
Sec. 101. Short title; table of contents. 
Sec. 102. Indian arts and crafts. 
Sec. 103. Misrepresentation of Indian produced goods and products. 
SEC. 102. INDIAN ARTS AND CRAFTS. 
(a) CRIMINAL PROCEEDINGS; CIVIL ACTIONS; MISREPRESENTA-
TIONS.—Section 5 of the Act entitled ‘‘An Act to promote the develop-
ment of Indian arts and crafts and to create a board to assist 
therein, and for other purposes’’ (25 U.S.C. 305d) is amended to 
read as follows: 
‘‘SEC. 5. CRIMINAL PROCEEDINGS; CIVIL ACTIONS. 
‘‘(a) DEFINITION OF FEDERAL LAW ENFORCEMENT OFFICER.— 
In this section, the term ‘Federal law enforcement officer’ includes 
a Federal law enforcement officer (as defined in section 115(c) 
of title 18, United States Code). 
‘‘(b) AUTHORITY TO CONDUCT INVESTIGATIONS.—Any Federal 
law enforcement officer shall have the authority to conduct an 
investigation relating to an alleged violation of this Act occurring 
within the jurisdiction of the United States. 
‘‘(c) CRIMINAL PROCEEDINGS.— 
‘‘(1) INVESTIGATION.— 
‘‘(A) IN GENERAL.—The Board may refer an alleged 
violation of section 1159 of title 18, United States Code, 
to any Federal law enforcement officer for appropriate 
investigation. 
‘‘(B) REFERRAL NOT REQUIRED.—A Federal law enforce-
ment officer may investigate an alleged violation of section 
1159 of that title regardless of whether the Federal law
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enforcement officer receives a referral under subparagraph 
(A). 
‘‘(2) FINDINGS.—The findings of an investigation of an 
alleged violation of section 1159 of title 18, United States 
Code, by any Federal department or agency under paragraph 
(1)(A) shall be submitted, as appropriate, to— 
‘‘(A) a Federal or State prosecuting authority; or 
‘‘(B) the Board. 
‘‘(3) RECOMMENDATIONS.—On receiving the findings of an 
investigation under paragraph (2), the Board may— 
‘‘(A) recommend to the Attorney General that criminal 
proceedings be initiated under section 1159 of title 18, 
United States Code; and 
‘‘(B) provide such support to the Attorney General 
relating to the criminal proceedings as the Attorney Gen-
eral determines to be appropriate. 
‘‘(d) CIVIL ACTIONS.—In lieu of, or in addition to, any criminal 
proceeding under subsection (c), the Board may recommend that 
the Attorney General initiate a civil action under section 6.’’. 
(b) CAUSE OF ACTION FOR MISREPRESENTATION.—Section 6 of 
the Act entitled ‘‘An Act to promote the development of Indian 
arts and crafts and to create a board to assist therein, and for 
other purposes’’ (25 U.S.C. 305e) is amended— 
(1) by striking subsection (d); 
(2) by redesignating subsections (a) through (c) as sub-
sections (b) through (d), respectively; 
(3) by inserting before subsection (b) (as redesignated by 
paragraph (2)) the following: 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) INDIAN.—The term ‘Indian’ means an individual that— 
‘‘(A) is a member of an Indian tribe; or 
‘‘(B) is certified as an Indian artisan by an Indian 
tribe. 
‘‘(2) INDIAN PRODUCT.—The term ‘Indian product’ has the 
meaning given the term in any regulation promulgated by 
the Secretary. 
‘‘(3) INDIAN TRIBE.— 
‘‘(A) IN
GENERAL.—The term ‘Indian tribe’ has the 
meaning given the term in section 4 of the Indian Self- 
Determination and Education Assistance Act (25 U.S.C. 
450b). 
‘‘(B) INCLUSION.—The term ‘Indian tribe’ includes, for 
purposes of this section only, an Indian group that has 
been formally recognized as an Indian tribe by— 
‘‘(i) a State legislature; 
‘‘(ii) a State commission; or 
‘‘(iii) another similar organization vested with 
State legislative tribal recognition authority. 
‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary 
of the Interior.’’; 
(4) in subsection (b) (as redesignated by paragraph (2)), 
by striking ‘‘subsection (c)’’ and inserting ‘‘subsection (d)’’; 
(5) in subsection (c) (as redesignated by paragraph (2))— 
(A) by striking ‘‘subsection (a)’’ and inserting ‘‘sub-
section (b)’’; and 
(B) by striking ‘‘suit’’ and inserting ‘‘the civil action’’;
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(6) by striking subsection (d) (as redesignated by paragraph 
(2)) and inserting the following: 
‘‘(d) PERSONS THAT MAY INITIATE CIVIL ACTIONS.— 
‘‘(1) IN GENERAL.—A civil action under subsection (b) may 
be initiated by— 
‘‘(A) the Attorney General, at the request of the Sec-
retary acting on behalf of— 
‘‘(i) an Indian tribe; 
‘‘(ii) an Indian; or 
‘‘(iii) an Indian arts and crafts organization; 
‘‘(B) an Indian tribe, acting on behalf of— 
‘‘(i) the Indian tribe; 
‘‘(ii) a member of that Indian tribe; or 
‘‘(iii) an Indian arts and crafts organization; 
‘‘(C) an Indian; or 
‘‘(D) an Indian arts and crafts organization. 
‘‘(2) DISPOSITION OF AMOUNTS RECOVERED.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), an amount recovered in a civil action under this section 
shall be paid to the Indian tribe, the Indian, or the Indian 
arts and crafts organization on the behalf of which the 
civil action was initiated. 
‘‘(B) EXCEPTIONS.— 
‘‘(i) ATTORNEY
GENERAL.—In the case of a civil 
action initiated under paragraph (1)(A), the Attorney 
General may deduct from the amount— 
‘‘(I) the amount of the cost of the civil action 
and reasonable attorney’s fees awarded under sub-
section (c), to be deposited in the Treasury and 
credited to appropriations available to the Attorney 
General on the date on which the amount is recov-
ered; and 
‘‘(II) the amount of the costs of investigation 
awarded under subsection (c), to reimburse the 
Board for the activities of the Board relating to 
the civil action. 
‘‘(ii) INDIAN TRIBE.—In the case of a civil action 
initiated under paragraph (1)(B), the Indian tribe may 
deduct from the amount— 
‘‘(I) the amount of the cost of the civil action; 
and 
‘‘(II) reasonable attorney’s fees.’’; and 
(7) in subsection (e), by striking ‘‘(e) In the event that’’ 
and inserting the following: 
‘‘(e) SAVINGS PROVISION.—If’’. 
SEC. 103. MISREPRESENTATION OF INDIAN PRODUCED GOODS AND 
PRODUCTS. 
Section 1159 of title 18, United States Code, is amended— 
(1) by striking subsection (b) and inserting the following: 
‘‘(b) PENALTY.—Any person that knowingly violates subsection 
(a) shall— 
‘‘(1) in the case of a first violation by that person— 
‘‘(A) if the applicable goods are offered or displayed 
for sale at a total price of $1,000 or more, or if the 
applicable goods are sold for a total price of $1,000 or 
more—
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‘‘(i) in the case of an individual, be fined not more 
than $250,000, imprisoned for not more than 5 years, 
or both; and 
‘‘(ii) in the case of a person other than an indi-
vidual, be fined not more than $1,000,000; and 
‘‘(B) if the applicable goods are offered or displayed 
for sale at a total price of less than $1,000, or if the 
applicable goods are sold for a total price of less than 
$1,000— 
‘‘(i) in the case of an individual, be fined not more 
than $25,000, imprisoned for not more than 1 year, 
or both; and 
‘‘(ii) in the case of a person other than an indi-
vidual, be fined not more than $100,000; and 
‘‘(2) in the case of a subsequent violation by that person, 
regardless of the amount for which any good is offered or 
displayed for sale or sold— 
‘‘(A) in the case of an individual, be fined under this 
title, imprisoned for not more than 15 years, or both; and 
‘‘(B) in the case of a person other than an individual, 
be fined not more than $5,000,000.’’; and 
(2) in subsection (c), by striking paragraph (3) and inserting 
the following: 
‘‘(3) the term ‘Indian tribe’— 
‘‘(A) has the meaning given the term in section 4 
of the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b); and 
‘‘(B) includes, for purposes of this section only, an 
Indian group that has been formally recognized as an 
Indian tribe by— 
‘‘(i) a State legislature; 
‘‘(ii) a State commission; or 
‘‘(iii) another similar organization vested with 
State legislative tribal recognition authority; and’’. 
TITLE II—TRIBAL LAW AND ORDER 
SEC. 201. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This title may be cited as the ‘‘Tribal Law 
and Order Act of 2010’’. 
(b) TABLE OF CONTENTS.—The table of contents of this title 
is as follows: 
Sec. 201. Short title; table of contents. 
Sec. 202. Findings; purposes. 
Sec. 203. Definitions. 
Sec. 204. Severability. 
Sec. 205. Jurisdiction of the State of Alaska. 
Sec. 206. Effect. 
Subtitle A—Federal Accountability and Coordination 
Sec. 211. Office of Justice Services responsibilities. 
Sec. 212. Disposition reports. 
Sec. 213. Prosecution of crimes in Indian country. 
Sec. 214. Administration. 
Subtitle B—State Accountability and Coordination 
Sec. 221. State criminal jurisdiction and resources. 
Sec. 222. State, tribal, and local law enforcement cooperation.
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Subtitle C—Empowering Tribal Law Enforcement Agencies and Tribal Governments 
Sec. 231. Tribal police officers. 
Sec. 232. Drug enforcement in Indian country. 
Sec. 233. Access to national criminal information databases. 
Sec. 234. Tribal court sentencing authority. 
Sec. 235. Indian Law and Order Commission. 
Sec. 236. Exemption for tribal display materials. 
Subtitle D—Tribal Justice Systems 
Sec. 241. Indian alcohol and substance abuse. 
Sec. 242. Indian tribal justice; technical and legal assistance. 
Sec. 243. Tribal resources grant program. 
Sec. 244. Tribal jails program. 
Sec. 245. Tribal probation office liaison program. 
Sec. 246. Tribal youth program. 
Sec. 247. Improving public safety presence in rural Alaska. 
Subtitle E—Indian Country Crime Data Collection and Information Sharing 
Sec. 251. Tracking of crimes committed in Indian country. 
Sec. 252. Criminal history record improvement program. 
Subtitle F—Domestic Violence and Sexual Assault Prosecution and Prevention 
Sec. 261. Prisoner release and reentry. 
Sec. 262. Domestic and sexual violence offense training. 
Sec. 263. Testimony by Federal employees. 
Sec. 264. Coordination of Federal agencies. 
Sec. 265. Sexual assault protocol. 
Sec. 266. Study of IHS sexual assault and domestic violence response capabilities. 
SEC. 202. FINDINGS; PURPOSES. 
(a) FINDINGS.—Congress finds that— 
(1) the United States has distinct legal, treaty, and trust 
obligations to provide for the public safety of Indian country; 
(2) Congress and the President have acknowledged that— 
(A) tribal law enforcement officers are often the first 
responders to crimes on Indian reservations; and 
(B) tribal justice systems are often the most appro-
priate institutions for maintaining law and order in Indian 
country; 
(3) less than 3,000 tribal and Federal law enforcement 
officers patrol more than 56,000,000 acres of Indian country, 
which reflects less than 1⁄2 of the law enforcement presence 
in comparable rural communities nationwide; 
(4) the complicated jurisdictional scheme that exists in 
Indian country— 
(A) has a significant negative impact on the ability 
to provide public safety to Indian communities; 
(B) has been increasingly exploited by criminals; and 
(C) requires a high degree of commitment and coopera-
tion among tribal, Federal, and State law enforcement offi-
cials; 
(5)(A) domestic and sexual violence against American 
Indian and Alaska Native women has reached epidemic propor-
tions; 
(B) 34 percent of American Indian and Alaska Native 
women will be raped in their lifetimes; and 
(C) 39 percent of American Indian and Alaska Native 
women will be subject to domestic violence; 
(6) Indian tribes have faced significant increases in 
instances of domestic violence, burglary, assault, and child 
abuse as a direct result of increased methamphetamine use 
on Indian reservations; and
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(7) crime data is a fundamental tool of law enforcement, 
but for decades the Bureau of Indian Affairs and the Depart-
ment of Justice have not been able to coordinate or consistently 
report crime and prosecution rates in tribal communities. 
(b) PURPOSES.—The purposes of this title are— 
(1) to clarify the responsibilities of Federal, State, tribal, 
and local governments with respect to crimes committed in 
Indian country; 
(2) to increase coordination and communication among Fed-
eral, State, tribal, and local law enforcement agencies; 
(3) to empower tribal governments with the authority, 
resources, and information necessary to safely and effectively 
provide public safety in Indian country; 
(4) to reduce the prevalence of violent crime in Indian 
country and to combat sexual and domestic violence against 
American Indian and Alaska Native women; 
(5) to prevent drug trafficking and reduce rates of alcohol 
and drug addiction in Indian country; and 
(6) to increase and standardize the collection of criminal 
data and the sharing of criminal history information among 
Federal, State, and tribal officials responsible for responding 
to and investigating crimes in Indian country. 
SEC. 203. DEFINITIONS. 
(a) IN GENERAL.—In this title: 
(1) INDIAN COUNTRY.—The term ‘‘Indian country’’ has the 
meaning given the term in section 1151 of title 18, United 
States Code. 
(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning 
given the term in section 102 of the Federally Recognized 
Indian Tribe List Act of 1994 (25 U.S.C. 479a). 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(4) TRIBAL GOVERNMENT.—The term ‘‘tribal government’’ 
means the governing body of a federally recognized Indian 
tribe. 
(b) INDIAN LAW ENFORCEMENT REFORM ACT.—Section 2 of the 
Indian Law Enforcement Reform Act (25 U.S.C. 2801) is amended 
by adding at the end the following: 
‘‘(10) The term ‘tribal justice official’ means— 
‘‘(A) a tribal prosecutor; 
‘‘(B) a tribal law enforcement officer; or 
‘‘(C) any other person responsible for investigating or 
prosecuting an alleged criminal offense in tribal court.’’. 
SEC. 204. SEVERABILITY. 
If any provision of this title, an amendment made by this 
title, or the application of such a provision or amendment to any 
individual, entity, or circumstance, is determined by a court of 
competent jurisdiction to be invalid, the remaining provisions of 
this title, the remaining amendments made by this title, and the 
application of those provisions and amendments to individuals, 
entities, or circumstances other than the affected individual, entity, 
or circumstance shall not be affected.
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SEC. 205. JURISDICTION OF THE STATE OF ALASKA. 
Nothing in this Act limits, alters, expands, or diminishes the 
civil or criminal jurisdiction of the State of Alaska, any subdivision 
of the State of Alaska, or any Indian tribe in that State. 
SEC. 206. EFFECT. 
Nothing in this Act confers on an Indian tribe criminal jurisdic-
tion over non-Indians. 
Subtitle A—Federal Accountability and 
Coordination 
SEC. 211. OFFICE OF JUSTICE SERVICES RESPONSIBILITIES. 
(a) DEFINITIONS.—Section 2 of the Indian Law Enforcement 
Reform Act (25 U.S.C. 2801) is amended— 
(1) by striking paragraph (8); 
(2) by redesignating paragraphs (1) through (7) as para-
graphs (2) through (8), respectively; 
(3) by redesignating paragraph (9) as paragraph (1) and 
moving the paragraphs so as to appear in numerical order; 
and 
(4) in paragraph (1) (as redesignated by paragraph (3)), 
by striking ‘‘Division of Law Enforcement Services’’ and 
inserting ‘‘Office of Justice Services’’. 
(b) ADDITIONAL RESPONSIBILITIES OF OFFICE.—Section 3 of the 
Indian Law Enforcement Reform Act (25 U.S.C. 2802) is amended— 
(1) in subsection (b), by striking ‘‘(b) There is hereby estab-
lished within the Bureau a Division of Law Enforcement Serv-
ices which’’ and inserting the following: 
‘‘(b) OFFICE OF JUSTICE SERVICES.—There is established in the 
Bureau an office, to be known as the ‘Office of Justice Services’, 
that’’; 
(2) in subsection (c)— 
(A) in the matter preceding paragraph (1), by striking 
‘‘Division of Law Enforcement Services’’ and inserting 
‘‘Office of Justice Services’’; 
(B) in paragraph (8), by striking ‘‘and’’ at the end; 
(C) in paragraph (9), by striking the period at the 
end and inserting a semicolon; and 
(D) by adding at the end the following: 
‘‘(10) the development and provision of dispatch and emer-
gency and E–911 services; 
‘‘(11) communicating with tribal leaders, tribal community 
and victims’ advocates, tribal justice officials, indigent defense 
representatives, and residents of Indian country on a regular 
basis regarding public safety and justice concerns facing tribal 
communities; 
‘‘(12) conducting meaningful and timely consultation with 
tribal leaders and tribal justice officials in the development 
of regulatory policies and other actions that affect public safety 
and justice in Indian country; 
‘‘(13) providing technical assistance and training to tribal 
law enforcement officials to gain access and input authority 
to utilize the National Criminal Information Center and other 
national crime information databases pursuant to section 534 
of title 28, United States Code;
H. R. 725—8 
‘‘(14) in coordination with the Attorney General pursuant 
to subsection (g) of section 302 of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3732), collecting, ana-
lyzing, and reporting data regarding Indian country crimes 
on an annual basis; 
‘‘(15) on an annual basis, sharing with the Department 
of Justice all relevant crime data, including Uniform Crime 
Reports, that the Office of Justice Services prepares and 
receives from tribal law enforcement agencies on a tribe-by- 
tribe basis to ensure that individual tribal governments pro-
viding data are eligible for programs offered by the Department 
of Justice; 
‘‘(16) submitting to the appropriate committees of Congress, 
for each fiscal year, a detailed spending report regarding tribal 
public safety and justice programs that includes— 
‘‘(A)(i) the number of full-time employees of the Bureau 
and tribal governments who serve as— 
‘‘(I) criminal investigators; 
‘‘(II) uniform police; 
‘‘(III) police and emergency dispatchers; 
‘‘(IV) detention officers; 
‘‘(V) executive personnel, including special agents 
in charge, and directors and deputies of various offices 
in the Office of Justice Services; and 
‘‘(VI) tribal court judges, prosecutors, public 
defenders, appointed defense counsel, or related staff; 
and 
‘‘(ii) the amount of appropriations obligated for each 
category described in clause (i) for each fiscal year; 
‘‘(B) a list of amounts dedicated to law enforcement 
and corrections, vehicles, related transportation costs, 
equipment, inmate transportation costs, inmate transfer 
costs, replacement, improvement, and repair of facilities, 
personnel transfers, detailees and costs related to their 
details, emergency events, public safety and justice commu-
nications and technology costs, and tribal court personnel, 
facilities, indigent defense, and related program costs; 
‘‘(C) a list of the unmet staffing needs of law enforce-
ment, corrections, and court personnel (including indigent 
defense and prosecution staff) at tribal and Bureau of 
Indian Affairs justice agencies, the replacement and repair 
needs of tribal and Bureau corrections facilities, needs for 
tribal police and court facilities, and public safety and 
emergency communications and technology needs; and 
‘‘(D) the formula, priority list or other methodology 
used to determine the method of disbursement of funds 
for the public safety and justice programs administered 
by the Office of Justice Services; 
‘‘(17) submitting to the appropriate committees of Congress, 
for each fiscal year, a report summarizing the technical assist-
ance, training, and other support provided to tribal law enforce-
ment and corrections agencies that operate relevant programs 
pursuant to self-determination contracts or self-governance 
compacts with the Secretary; and 
‘‘(18) promulgating regulations to carry out this Act, and 
routinely reviewing and updating, as necessary, the regulations
H. R. 725—9 
contained in subchapter B of title 25, Code of Federal Regula-
tions (or successor regulations).’’; 
(3) in subsection (d)— 
(A) in paragraph (1), by striking ‘‘Division of Law 
Enforcement Services’’ and inserting ‘‘Office of Justice Serv-
ices’’; and 
(B) in paragraph (4)(i), in the first sentence, by striking 
‘‘Division’’ and inserting ‘‘Office of Justice Services’’; 
(4) in subsection (e), by striking ‘‘Division of Law Enforce-
ment Services’’ each place it appears and inserting ‘‘Office 
of Justice Services’’; and 
(5) by adding at the end the following: 
‘‘(f) LONG-TERM PLAN FOR TRIBAL DETENTION PROGRAMS.—Not 
later than 1 year after the date of enactment of this subsection, 
the Secretary, acting through the Bureau, in coordination with 
the Department of Justice and in consultation with tribal leaders, 
tribal courts, tribal law enforcement officers, and tribal corrections 
officials, shall submit to Congress a long-term plan to address 
incarceration in Indian country, including— 
‘‘(1) a description of proposed activities for— 
‘‘(A) the construction, operation, and maintenance of 
juvenile (in accordance with section 4220(a)(3) of the Indian 
Alcohol and Substance Abuse Prevention and Treatment 
Act of 1986 (25 U.S.C. 2453(a)(3)) and adult detention 
facilities (including regional facilities) in Indian country; 
‘‘(B) contracting with State and local detention centers, 
upon approval of affected tribal governments; and 
‘‘(C) alternatives to incarceration, developed in coopera-
tion with tribal court systems; 
‘‘(2) an assessment and consideration of the construction 
of Federal detention facilities in Indian country; and 
‘‘(3) any other alternatives as the Secretary, in coordination 
with the Attorney General and in consultation with Indian 
tribes, determines to be necessary.’’. 
(c) LAW ENFORCEMENT AUTHORITY.—Section 4 of the Indian 
Law Enforcement Reform Act (25 U.S.C. 2803) is amended— 
(1) in paragraph (2)(A), by striking ‘‘), or’’ and inserting 
‘‘or offenses processed by the Central Violations Bureau); or’’; 
and 
(2) in paragraph (3)— 
(A) in subparagraph (B), by striking ‘‘, or’’ at the end 
and inserting a semicolon; 
(B) in subparagraphs (B) and (C), by striking ‘‘reason-
able grounds’’ each place it appears and inserting ‘‘probable 
cause’’; 
(C) in subparagraph (C), by adding ‘‘or’’ at the end; 
and 
(D) by adding at the end the following: 
‘‘(D)(i) the offense involves— 
‘‘(I) a misdemeanor controlled substance offense 
in violation of— 
‘‘(aa) the Controlled Substances Act (21 U.S.C. 
801 et seq.); 
‘‘(bb) title IX of the Personal Responsibility 
and Work Opportunity Reconciliation Act of 1996 
(21 U.S.C. 862a et seq.); or
H. R. 725—10 
‘‘(cc) section 731 of the USA PATRIOT 
Improvement and Reauthorization Act of 2005 (21 
U.S.C. 865); 
‘‘(II) a misdemeanor firearms offense in violation 
of chapter 44 of title 18, United States Code; 
‘‘(III) a misdemeanor assault in violation of chapter 
7 of title 18, United States Code; or 
‘‘(IV) a misdemeanor liquor trafficking offense in 
violation of chapter 59 of title 18, United States Code; 
and 
‘‘(ii) the employee has probable cause to believe that 
the individual to be arrested has committed, or is commit-
ting, the crime;’’. 
SEC. 212. DISPOSITION REPORTS. 
Section 10 of the Indian Law Enforcement Reform Act (25 
U.S.C. 2809) is amended by striking subsections (a) through (d) 
and inserting the following: 
‘‘(a) COORDINATION AND DATA COLLECTION.— 
‘‘(1) INVESTIGATIVE COORDINATION.—Subject to subsection 
(c), if a law enforcement officer or employee of any Federal 
department or agency terminates an investigation of an alleged 
violation of Federal criminal law in Indian country without 
referral for prosecution, the officer or employee shall coordinate 
with the appropriate tribal law enforcement officials regarding 
the status of the investigation and the use of evidence relevant 
to the case in a tribal court with authority over the crime 
alleged. 
‘‘(2) INVESTIGATION DATA.—The Federal Bureau of Inves-
tigation shall compile, on an annual basis and by Field Division, 
information regarding decisions not to refer to an appropriate 
prosecuting authority cases in which investigations had been 
opened into an alleged crime in Indian country, including— 
‘‘(A) the types of crimes alleged; 
‘‘(B) the statuses of the accused as Indians or non- 
Indians; 
‘‘(C) the statuses of the victims as Indians or non- 
Indians; and 
‘‘(D) the reasons for deciding against referring the 
investigation for prosecution. 
‘‘(3) PROSECUTORIAL COORDINATION.—Subject to subsection 
(c), if a United States Attorney declines to prosecute, or acts 
to terminate prosecution of, an alleged violation of Federal 
criminal law in Indian country, the United States Attorney 
shall coordinate with the appropriate tribal justice officials 
regarding the status of the investigation and the use of evidence 
relevant to the case in a tribal court with authority over the 
crime alleged. 
‘‘(4) PROSECUTION DATA.—The United States Attorney shall 
submit to the Native American Issues Coordinator to compile, 
on an annual basis and by Federal judicial district, information 
regarding all declinations of alleged violations of Federal 
criminal law that occurred in Indian country that were referred 
for prosecution by law enforcement agencies, including— 
‘‘(A) the types of crimes alleged; 
‘‘(B) the statuses of the accused as Indians or non- 
Indians;
H. R. 725—11 
‘‘(C) the statuses of the victims as Indians or non- 
Indians; and 
‘‘(D) the reasons for deciding to decline or terminate 
the prosecutions. 
‘‘(b) ANNUAL REPORTS.—The Attorney General shall submit to 
Congress annual reports containing, with respect to the applicable 
calendar year, the information compiled under paragraphs (2) and 
(4) of subsection (a)— 
‘‘(1) organized— 
‘‘(A) in the aggregate; and 
‘‘(B)(i) for the Federal Bureau of Investigation, by Field 
Division; and 
‘‘(ii) for United States Attorneys, by Federal judicial 
district; and 
‘‘(2) including any relevant explanatory statements. 
‘‘(c) EFFECT OF SECTION.— 
‘‘(1) IN
GENERAL.—Nothing in this section requires any 
Federal agency or official to transfer or disclose any confiden-
tial, 
privileged, 
or 
statutorily 
protected 
communication, 
information, or source to an official of any Indian tribe. 
‘‘(2) FEDERAL RULES OF CRIMINAL PROCEDURE.—Nothing in 
this section affects or limits the requirements of Rule 6 of 
the Federal Rules of Criminal Procedure. 
‘‘(3) REGULATIONS.—The Attorney General shall establish, 
by regulation, standards for the protection of the confidential 
or 
privileged 
communications, 
information, 
and 
sources 
described in this section.’’. 
SEC. 213. PROSECUTION OF CRIMES IN INDIAN COUNTRY. 
(a) APPOINTMENT OF SPECIAL PROSECUTORS.— 
(1) IN GENERAL.—Section 543 of title 28, United States 
Code, is amended— 
(A) in subsection (a), by inserting before the period 
at the end the following: ‘‘, including the appointment 
of qualified tribal prosecutors and other qualified attorneys 
to assist in prosecuting Federal offenses committed in 
Indian country’’; and 
(B) by adding at the end the following: 
‘‘(c) INDIAN COUNTRY.—In this section, the term ‘Indian country’ 
has the meaning given that term in section 1151 of title 18.’’. 
(2) SENSE OF CONGRESS REGARDING CONSULTATION.—It is 
the sense of Congress that, in appointing attorneys under sec-
tion 543 of title 28, United States Code, to serve as special 
prosecutors in Indian country, the Attorney General should 
consult with tribal justice officials of each Indian tribe that 
would be affected by the appointment. 
(b) TRIBAL LIAISONS.— 
(1) IN
GENERAL.—The Indian Law Enforcement Reform 
Act (25 U.S.C. 2801 et seq.) is amended by adding at the 
end the following: 
‘‘SEC. 13. ASSISTANT UNITED STATES ATTORNEY TRIBAL LIAISONS. 
‘‘(a) APPOINTMENT.—The United States Attorney for each dis-
trict that includes Indian country shall appoint not less than 1 
assistant United States Attorney to serve as a tribal liaison for 
the district. 
‘‘(b) DUTIES.—The duties of a tribal liaison shall include the 
following:
H. R. 725—12 
‘‘(1) Coordinating the prosecution of Federal crimes that 
occur in Indian country. 
‘‘(2) Developing multidisciplinary teams to combat child 
abuse and domestic and sexual violence offenses against 
Indians. 
‘‘(3) Consulting and coordinating with tribal justice officials 
and victims’ advocates to address any backlog in the prosecution 
of major crimes in Indian country in the district. 
‘‘(4) Developing working relationships and maintaining 
communication with tribal leaders, tribal community and vic-
tims’ advocates, and tribal justice officials to gather information 
from, and share appropriate information with, tribal justice 
officials. 
‘‘(5) Coordinating with tribal prosecutors in cases in which 
a tribal government has concurrent jurisdiction over an alleged 
crime, in advance of the expiration of any applicable statute 
of limitation. 
‘‘(6) Providing technical assistance and training regarding 
evidence gathering techniques and strategies to address victim 
and witness protection to tribal justice officials and other 
individuals and entities that are instrumental to responding 
to Indian country crimes. 
‘‘(7) Conducting training sessions and seminars to certify 
special law enforcement commissions to tribal justice officials 
and other individuals and entities responsible for responding 
to Indian country crimes. 
‘‘(8) Coordinating with the Office of Tribal Justice, as nec-
essary. 
‘‘(9) Conducting such other activities to address and prevent 
violent crime in Indian country as the applicable United States 
Attorney determines to be appropriate. 
‘‘(c) EFFECT OF SECTION.—Nothing in this section limits the 
authority of any United States Attorney to determine the duties 
of a tribal liaison officer to meet the needs of the Indian tribes 
located within the relevant Federal district. 
‘‘(d) ENHANCED PROSECUTION OF MINOR CRIMES.— 
‘‘(1) IN GENERAL.—Each United States Attorney serving 
a district that includes Indian country is authorized and encour-
aged— 
‘‘(A) to appoint Special Assistant United States Attor-
neys pursuant to section 543(a) of title 28, United States 
Code, to prosecute crimes in Indian country as necessary 
to improve the administration of justice, and particularly 
when— 
‘‘(i) the crime rate exceeds the national average 
crime rate; or 
‘‘(ii) the rate at which criminal offenses are 
declined to be prosecuted exceeds the national average 
declination rate; 
‘‘(B) to coordinate with applicable United States district 
courts regarding scheduling of Indian country matters and 
holding trials or other proceedings in Indian country, as 
appropriate; 
‘‘(C) to provide to appointed Special Assistant United 
States Attorneys appropriate training, supervision, and 
staff support; and
H. R. 725—13 
‘‘(D) to provide technical and other assistance to tribal 
governments and tribal court systems to ensure that the 
goals of this subsection are achieved. 
‘‘(2) SENSE OF CONGRESS REGARDING CONSULTATION.—It is 
the sense of Congress that, in appointing Special Assistant 
United States Attorneys under this subsection, a United States 
Attorney should consult with tribal justice officials of each 
Indian tribe that would be affected by the appointment.’’. 
(2) SENSE OF CONGRESS REGARDING EVALUATIONS OF TRIBAL 
LIAISONS.— 
(A) FINDINGS.—Congress finds that— 
(i) many residents of Indian country rely solely 
on United States Attorneys offices to prosecute felony 
and misdemeanor crimes occurring on Indian land; 
and 
(ii) tribal liaisons have dual obligations of— 
(I) coordinating prosecutions of Indian country 
crime; and 
(II) developing relationships with residents of 
Indian country and serving as a link between 
Indian country residents and the Federal justice 
process. 
(B) SENSE OF CONGRESS.—It is the sense of Congress 
that the Attorney General should— 
(i) take all appropriate actions to encourage the 
aggressive prosecution of all Federal crimes committed 
in Indian country; and 
(ii) when appropriate, take into consideration the 
dual responsibilities of tribal liaisons described in 
subparagraph (A)(ii) in evaluating the performance of 
the tribal liaisons. 
SEC. 214. ADMINISTRATION. 
(a) OFFICE OF TRIBAL JUSTICE.— 
(1) DEFINITIONS.—Section 4 of the Indian Tribal Justice 
Technical and Legal Assistance Act of 2000 (25 U.S.C. 3653) 
is amended— 
(A) by redesignating paragraphs (2) through (7) as 
paragraphs (3) through (8), respectively; and 
(B) by inserting after paragraph (1) the following: 
‘‘(2) DIRECTOR.—The term ‘Director’ means the Director 
of the Office of Tribal Justice.’’. 
(2) STATUS.—Title I of the Indian Tribal Justice Technical 
and Legal Assistance Act of 2000 is amended— 
(A) by redesignating section 106 (25 U.S.C. 3666) as 
section 107; and 
(B) by inserting after section 105 (25 U.S.C. 3665) 
the following: 
‘‘SEC. 106. OFFICE OF TRIBAL JUSTICE. 
‘‘(a) IN GENERAL.—Not later than 90 days after the date of 
enactment of the Tribal Law and Order Act of 2010, the Attorney 
General shall establish the Office of Tribal Justice as a component 
of the Department. 
‘‘(b) PERSONNEL AND FUNDING.—The Attorney General shall 
provide to the Office of Tribal Justice such personnel and funds 
as are necessary to establish the Office of Tribal Justice as a 
component of the Department under subsection (a).
H. R. 725—14 
‘‘(c) DUTIES.—The Office of Tribal Justice shall— 
‘‘(1) serve as the program and legal policy advisor to the 
Attorney General with respect to the treaty and trust relation-
ship between the United States and Indian tribes; 
‘‘(2) serve as the point of contact for federally recognized 
tribal governments and tribal organizations with respect to 
questions and comments regarding policies and programs of 
the Department and issues relating to public safety and justice 
in Indian country; and 
‘‘(3) coordinate with other bureaus, agencies, offices, and 
divisions within the Department of Justice to ensure that each 
component has an accountable process to ensure meaningful 
and timely consultation with tribal leaders in the development 
of regulatory policies and other actions that affect— 
‘‘(A) the trust responsibility of the United States to 
Indian tribes; 
‘‘(B) any tribal treaty provision; 
‘‘(C) the status of Indian tribes as sovereign govern-
ments; or 
‘‘(D) any other tribal interest.’’. 
(b) NATIVE AMERICAN ISSUES COORDINATOR.—The Indian Law 
Enforcement Reform Act (25 U.S.C. 2801 et seq.) (as amended 
by section 213(b)) is amended by adding at the end the following: 
‘‘SEC. 14. NATIVE AMERICAN ISSUES COORDINATOR. 
‘‘(a) ESTABLISHMENT.—There is established in the Executive 
Office for United States Attorneys of the Department of Justice 
a position to be known as the ‘Native American Issues Coordinator’. 
‘‘(b) DUTIES.—The Native American Issues Coordinator shall— 
‘‘(1) coordinate with the United States Attorneys that have 
authority to prosecute crimes in Indian country; 
‘‘(2) coordinate prosecutions of crimes of national signifi-
cance in Indian country, as determined by the Attorney Gen-
eral; 
‘‘(3) coordinate as necessary with other components of the 
Department of Justice and any relevant advisory groups to 
the Attorney General or the Deputy Attorney General; and 
‘‘(4) carry out such other duties as the Attorney General 
may prescribe.’’. 
Subtitle B—State Accountability and 
Coordination 
SEC. 221. STATE CRIMINAL JURISDICTION AND RESOURCES. 
(a) CONCURRENT
AUTHORITY
OF
UNITED
STATES.—Section 
401(a) of the Indian Civil Rights Act of 1968 (25 U.S.C. 1321(a)) 
is amended— 
(1) by striking the section designation and heading and 
all that follows through ‘‘The consent of the United States’’ 
and inserting the following: 
‘‘SEC. 401. ASSUMPTION BY STATE OF CRIMINAL JURISDICTION. 
‘‘(a) CONSENT OF UNITED STATES.— 
‘‘(1) IN GENERAL.—The consent of the United States’’; and 
(2) by adding at the end the following:
H. R. 725—15 
‘‘(2) CONCURRENT
JURISDICTION.—At the request of an 
Indian tribe, and after consultation with and consent by the 
Attorney General, the United States shall accept concurrent 
jurisdiction to prosecute violations of sections 1152 and 1153 
of title 18, United States Code, within the Indian country 
of the Indian tribe.’’. 
(b) APPLICABLE LAW.—Section 1162 of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘(d) Notwithstanding subsection (c), at the request of an Indian 
tribe, and after consultation with and consent by the Attorney 
General— 
‘‘(1) sections 1152 and 1153 shall apply in the areas of 
the Indian country of the Indian tribe; and 
‘‘(2) jurisdiction over those areas shall be concurrent among 
the Federal Government, State governments, and, where 
applicable, tribal governments.’’. 
SEC. 222. STATE, TRIBAL, AND LOCAL LAW ENFORCEMENT COOPERA-
TION. 
The Attorney General may provide technical and other assist-
ance to State, tribal, and local governments that enter into coopera-
tive agreements, including agreements relating to mutual aid, hot 
pursuit of suspects, and cross-deputization for the purposes of— 
(1) improving law enforcement effectiveness; 
(2) reducing crime in Indian country and nearby commu-
nities; and 
(3) developing successful cooperative relationships that 
effectively combat crime in Indian country and nearby commu-
nities. 
Subtitle C—Empowering Tribal Law En-
forcement Agencies and Tribal Govern-
ments 
SEC. 231. TRIBAL POLICE OFFICERS. 
(a) FLEXIBILITY
IN TRAINING LAW ENFORCEMENT OFFICERS 
SERVING INDIAN COUNTRY.—Section 3(e) of the Indian Law Enforce-
ment Reform Act (25 U.S.C. 2802(e)) (as amended by section 
211(b)(4)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘(e)(1) The Secretary’’ and inserting 
the following: 
‘‘(e) STANDARDS OF EDUCATION AND EXPERIENCE AND CLASSI-
FICATION OF POSITIONS.— 
‘‘(1) STANDARDS OF EDUCATION AND EXPERIENCE.— 
‘‘(A) IN GENERAL.—The Secretary’’; and 
(B) by adding at the end the following: 
‘‘(B) REQUIREMENTS
FOR
TRAINING.—The training 
standards established under subparagraph (A)— 
‘‘(i) shall be consistent with standards accepted 
by the Federal Law Enforcement Training Accredita-
tion commission for law enforcement officers attending 
similar programs; and
H. R. 725—16 
‘‘(ii) shall include, or be supplemented by, instruc-
tion regarding Federal sources of authority and juris-
diction, Federal crimes, Federal rules of criminal proce-
dure, and constitutional law to bridge the gap between 
State training and Federal requirements. 
‘‘(C) TRAINING
AT
STATE, TRIBAL, AND
LOCAL
ACAD-
EMIES.—Law enforcement personnel of the Office of Justice 
Services or an Indian tribe may satisfy the training stand-
ards established under subparagraph (A) through training 
at a State or tribal police academy, a State, regional, local, 
or tribal college or university, or other training academy 
(including any program at a State, regional, local, or tribal 
college or university) that meets the appropriate Peace 
Officer Standards of Training. 
‘‘(D) MAXIMUM AGE REQUIREMENT.—Pursuant to section 
3307(e) of title 5, United States Code, the Secretary may 
employ as a law enforcement officer under section 4 any 
individual under the age of 47, if the individual meets 
all other applicable hiring requirements for the applicable 
law enforcement position.’’; 
(2) in paragraph (3), by striking ‘‘Agencies’’ and inserting 
‘‘agencies’’; and 
(3) by adding at the end the following: 
‘‘(4) BACKGROUND CHECKS FOR TRIBAL JUSTICE OFFICIALS.— 
‘‘(A) IN GENERAL.—The Office of Justice Services shall 
develop standards and deadlines for the provision of back-
ground checks to tribal law enforcement and corrections 
officials. 
‘‘(B) TIMING.—If a request for a background check is 
made by an Indian tribe that has contracted or entered 
into a compact for law enforcement or corrections services 
with the Bureau of Indian Affairs pursuant to the Indian 
Self-Determination and Education Assistance Act (25 
U.S.C. 450 et seq.), the Office of Justice Services shall 
complete the check not later than 60 days after the date 
of receipt of the request, unless an adequate reason for 
failure to respond by that date is provided to the Indian 
tribe in writing.’’. 
(b) SPECIAL LAW ENFORCEMENT COMMISSIONS.—Section 5 of 
the Indian Law Enforcement Reform Act (25 U.S.C. 2804) is 
amended— 
(1) by striking ‘‘(a) The Secretary may enter into an agree-
ment’’ and inserting the following: 
‘‘(a) AGREEMENTS.— 
‘‘(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of the Tribal Law and Order Act of 2010, the 
Secretary shall establish procedures to enter into memoranda 
of agreement’’; 
(2) in the second sentence, by striking ‘‘The Secretary’’ 
and inserting the following: 
‘‘(2) CERTAIN ACTIVITIES.—The Secretary’’; and 
(3) by adding at the end the following: 
‘‘(3) PROGRAM ENHANCEMENT.— 
‘‘(A) TRAINING SESSIONS IN INDIAN COUNTRY.— 
‘‘(i) IN
GENERAL.—The procedures described in 
paragraph (1) shall include the development of a plan 
to enhance the certification and provision of special
H. R. 725—17 
law enforcement commissions to tribal law enforcement 
officials, and, subject to subsection (d), State and local 
law enforcement officials, pursuant to this section. 
‘‘(ii) INCLUSIONS.—The plan under clause (i) shall 
include the hosting of regional training sessions in 
Indian country, not less frequently than biannually, 
to educate and certify candidates for the special law 
enforcement commissions. 
‘‘(B) MEMORANDA OF AGREEMENT.— 
‘‘(i) IN GENERAL.—Not later than 180 days after 
the date of enactment of the Tribal Law and Order 
Act of 2010, the Secretary, in consultation with Indian 
tribes and tribal law enforcement agencies, shall 
develop minimum requirements to be included in spe-
cial law enforcement commission agreements pursuant 
to this section. 
‘‘(ii) SUBSTANCE OF AGREEMENTS.—Each agreement 
entered into pursuant to this section shall reflect the 
status of the applicable certified individual as a Federal 
law enforcement officer under subsection (f), acting 
within the scope of the duties described in section 
3(c). 
‘‘(iii) AGREEMENT.—Not later than 60 days after 
the date on which the Secretary determines that all 
applicable requirements under clause (i) are met, the 
Secretary shall offer to enter into a special law enforce-
ment 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 Direc-
tors of the Foundation. 
‘‘(2) BUREAU.—The term ‘Bureau’ means the Office of Jus-
tice Services of the Bureau of Indian Affairs. 
‘‘(3) COMMITTEE.—The term ‘Committee’ means the Com-
mittee for the Establishment of the Indian Law Enforcement 
Foundation established under section 702(e)(1). 
‘‘(4) FOUNDATION.—The term ‘Foundation’ means the 
Indian Law Enforcement Foundation established under section 
702. 
‘‘(5) SECRETARY.—The term ‘Secretary’ means the Secretary 
of the Interior. 
‘‘SEC. 702. INDIAN LAW ENFORCEMENT FOUNDATION. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—As soon as practicable after the date 
of enactment of this title, the Secretary shall establish, under 
the laws of the District of Columbia and in accordance with 
this title, a foundation, to be known as the ‘Indian Law Enforce-
ment Foundation’.
H. R. 725—18 
‘‘(2) FUNDING DETERMINATIONS.—No funds, gift, property, 
or other item of value (including any interest accrued on such 
an item) acquired by the Foundation shall— 
‘‘(A) be taken into consideration for purposes of deter-
mining Federal appropriations relating to the provision 
of public safety or justice services to Indians; or 
‘‘(B) otherwise limit, diminish, or affect the Federal 
responsibility for the provision of public safety or justice 
services to Indians. 
‘‘(b) NATURE OF CORPORATION.—The Foundation— 
‘‘(1) shall be a charitable and nonprofit federally chartered 
corporation; and 
‘‘(2) shall not be an agency or instrumentality of the United 
States. 
‘‘(c) PLACE OF INCORPORATION AND DOMICILE.—The Foundation 
shall be incorporated and domiciled in the District of Columbia. 
‘‘(d) DUTIES.—The Foundation shall— 
‘‘(1) encourage, accept, and administer, in accordance with 
the terms of each donation, private gifts of real and personal 
property, and any income from or interest in such gifts, for 
the benefit of, or in support of, public safety and justice services 
in American Indian and Alaska Native communities; and 
‘‘(2) assist the Office of Justice Services of the Bureau 
of Indian Affairs and Indian tribal governments in funding 
and conducting activities and providing education to advance 
and support the provision of public safety and justice services 
in American Indian and Alaska Native communities. 
‘‘(e) COMMITTEE FOR THE ESTABLISHMENT OF THE INDIAN LAW 
ENFORCEMENT FOUNDATION.— 
‘‘(1) IN GENERAL.—The Secretary shall establish a com-
mittee, to be known as the ‘Committee for the Establishment 
of the Indian Law Enforcement Foundation’, to assist the Sec-
retary in establishing the Foundation. 
‘‘(2) DUTIES.—Not later than 180 days after the date of 
enactment of this section, the Committee shall— 
‘‘(A) carry out such activities as are necessary to incor-
porate the Foundation under the laws of the District of 
Columbia, including acting as incorporators of the Founda-
tion; 
‘‘(B) ensure that the Foundation qualifies for and main-
tains 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 accord-
ance with the constitution and initial bylaws of the Founda-
tion. 
‘‘(f) BOARD OF DIRECTORS.— 
‘‘(1) IN
GENERAL.—The Board of Directors shall be the 
governing body of the Foundation. 
‘‘(2) POWERS.—The Board may exercise, or provide for the 
exercise of, the powers of the Foundation. 
‘‘(3) SELECTION.—
H. R. 725—19 
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the 
number of members of the Board, the manner of selection 
of the members (including the filling of vacancies), and 
the terms of office of the members shall be as provided 
in the constitution and bylaws of the Foundation. 
‘‘(B) REQUIREMENTS.— 
‘‘(i) NUMBER
OF
MEMBERS.—The Board shall be 
composed of not less than 7 members. 
‘‘(ii) INITIAL VOTING MEMBERS.—The initial voting 
members of the Board— 
‘‘(I) shall be appointed by the Committee not 
later than 180 days after the date on which the 
Foundation is established; and 
‘‘(II) shall serve for staggered terms. 
‘‘(iii) QUALIFICATION.—The members of the Board 
shall be United States citizens with knowledge or 
experience regarding public safety and justice in Indian 
and Alaska Native communities. 
‘‘(C) COMPENSATION.—A member of the Board shall 
not receive compensation for service as a member, but 
shall be reimbursed for actual and necessary travel and 
subsistence expenses incurred in the performance of the 
duties of the Foundation. 
‘‘(g) OFFICERS.— 
‘‘(1) IN GENERAL.—The officers of the Foundation shall be— 
‘‘(A) a Secretary, elected from among the members 
of the Board; and 
‘‘(B) any other officers provided for in the constitution 
and bylaws of the Foundation. 
‘‘(2) CHIEF OPERATING OFFICER.— 
‘‘(A) SECRETARY.—Subject to subparagraph (B), the Sec-
retary of the Foundation may serve, at the direction of 
the Board, as the chief operating officer of the Foundation. 
‘‘(B) APPOINTMENT.—The Board may appoint a chief 
operating officer in lieu of the Secretary of the Foundation 
under subparagraph (A), who shall serve at the direction 
of the Board. 
‘‘(3) ELECTION.—The manner of election, term of office, 
and duties of the officers of the Foundation shall be as provided 
in the constitution and bylaws of the Foundation. 
‘‘(h) POWERS.—The Foundation— 
‘‘(1) shall adopt a constitution and bylaws for the manage-
ment of the property of the Foundation and the regulation 
of the affairs of the Foundation; 
‘‘(2) may adopt and alter a corporate seal; 
‘‘(3) may enter into contracts; 
‘‘(4) may acquire (through gift or otherwise), own, lease, 
encumber, and transfer real or personal property as necessary 
or convenient to carry out the purposes of the Foundation; 
‘‘(5) may sue and be sued; and 
‘‘(6) may perform any other act necessary and proper to 
carry out the purposes of the Foundation. 
‘‘(i) PRINCIPAL OFFICE.— 
‘‘(1) IN GENERAL.—The principal office of the Foundation 
shall be located in the District of Columbia. 
‘‘(2) ACTIVITIES; OFFICES.—The activities of the Foundation 
may be conducted, and offices may be maintained, throughout
H. R. 725—20 
the United States in accordance with the constitution and 
bylaws of the Foundation. 
‘‘(j) SERVICE OF PROCESS.—The Foundation shall comply with 
the law on service of process of each State in which the Foundation 
is incorporated and of each State in which the Foundation carries 
on activities. 
‘‘(k) LIABILITY OF OFFICERS, EMPLOYEES, AND AGENTS.— 
‘‘(1) IN GENERAL.—The Foundation shall be liable for the 
acts of the officers, employees, and agents of the Foundation 
acting within the scope of the authority of the officers, 
employees, and agents. 
‘‘(2) PERSONAL LIABILITY.—A member of the Board shall 
be personally liable only for gross negligence in the performance 
of the duties of the member. 
‘‘(l) RESTRICTIONS.— 
‘‘(1) LIMITATION ON SPENDING.—Beginning with the fiscal 
year following the first full fiscal year during which the Founda-
tion is in operation, the administrative costs of the Foundation 
shall not exceed the percentage described in paragraph (2) 
of the sum of— 
‘‘(A) the amounts transferred to the Foundation under 
subsection (n) during the preceding fiscal year; and 
‘‘(B) donations received from private sources during 
the preceding fiscal year. 
‘‘(2) PERCENTAGES.—The percentages referred to in para-
graph (1) are— 
‘‘(A) for the first 2 fiscal years described in that para-
graph, 25 percent; 
‘‘(B) for the following fiscal year, 20 percent; and 
‘‘(C) for each fiscal year thereafter, 15 percent. 
‘‘(3) APPOINTMENT AND HIRING.—The appointment of offi-
cers and employees of the Foundation shall be subject to the 
availability of funds. 
‘‘(4) STATUS.—A member of the Board or officer, employee, 
or agent of the Foundation shall not by reason of association 
with the Foundation be considered to be an officer, employee, 
or agent of the United States. 
‘‘(m) AUDITS.—The Foundation shall comply with section 10101 
of title 36, United States Code, as if the Foundation were a corpora-
tion under part B of subtitle II of that title. 
‘‘(n) FUNDING.—For each of fiscal years 2011 through 2015, 
out of any unobligated amounts available to the Secretary, the 
Secretary may use to carry out this section not more than $500,000. 
‘‘SEC. 703. ADMINISTRATIVE SERVICES AND SUPPORT. 
‘‘(a) PROVISION OF SUPPORT BY SECRETARY.—Subject to sub-
section (b), during the 5-year period beginning on the date on 
which the Foundation is established, the Secretary— 
‘‘(1) may provide personnel, facilities, and other administra-
tive support services to the Foundation; 
‘‘(2) may provide funds for initial operating costs and to 
reimburse the travel expenses of the members of the Board; 
and 
‘‘(3) shall require and accept reimbursements from the 
Foundation for— 
‘‘(A) services provided under paragraph (1); and 
‘‘(B) funds provided under paragraph (2).
H. R. 725—21 
‘‘(b) REIMBURSEMENT.—Reimbursements accepted under sub-
section (a)(3)— 
‘‘(1) shall be deposited in the Treasury of the United States 
to the credit of the applicable appropriations account; and 
‘‘(2) shall be chargeable for the cost of providing services 
described in subsection (a)(1) and travel expenses described 
in subsection (a)(2). 
‘‘(c) CONTINUATION OF CERTAIN SERVICES.—The Secretary may 
continue to provide facilities and necessary support services to 
the Foundation after the termination of the 5-year period specified 
in subsection (a) if the facilities and services are— 
‘‘(1) available; and 
‘‘(2) provided on reimbursable cost basis.’’. 
(d) TECHNICAL AMENDMENTS.—The Indian Self-Determination 
and Education Assistance Act is amended— 
(1) by redesignating title V (25 U.S.C. 458bbb et seq.) 
as title VIII and moving the title so as to appear at the 
end of the Act; 
(2) by redesignating sections 501, 502, and 503 (25 U.S.C. 
458bbb, 458bbb–1, 458bbb–2) as sections 801, 802, and 803, 
respectively; and 
(3) in subsection (a)(2) of section 802 and paragraph (2) 
of section 803 (as redesignated by paragraph (2)), by striking 
‘‘section 501’’ and inserting ‘‘section 801’’. 
(e) ACCEPTANCE AND ASSISTANCE.—Section 5 of the Indian Law 
Enforcement Reform Act (25 U.S.C. 2804) is amended by adding 
at the end the following: 
‘‘(g) ACCEPTANCE
OF ASSISTANCE.—The Bureau may accept 
reimbursement, resources, assistance, or funding from— 
‘‘(1) a Federal, tribal, State, or other government agency; 
or 
‘‘(2) the Indian Law Enforcement Foundation established 
under section 701(a) of the Indian Self-Determination and Edu-
cation Assistance Act.’’. 
SEC. 232. DRUG ENFORCEMENT IN INDIAN COUNTRY. 
(a) EDUCATION AND RESEARCH PROGRAMS.—Section 502 of the 
Controlled Substances Act (21 U.S.C. 872) is amended in subsections 
(a)(1) and (c), by inserting ‘‘ tribal,’’ after ‘‘State,’’ each place it 
appears. 
(b) PUBLIC-PRIVATE EDUCATION PROGRAM.—Section 503 of the 
Comprehensive Methamphetamine Control Act of 1996 (21 U.S.C. 
872a) is amended— 
(1) in subsection (a), by inserting ‘‘tribal,’’ after ‘‘State,’’; 
and 
(2) in subsection (b)(2), by inserting ‘‘, tribal,’’ after ‘‘State’’. 
(c) COOPERATIVE ARRANGEMENTS.—Section 503 of the Con-
trolled Substances Act (21 U.S.C. 873) is amended— 
(1) in subsection (a)— 
(A) by inserting ‘‘tribal,’’ after ‘‘State,’’ each place it 
appears; and 
(B) in paragraphs (6) and (7), by inserting ‘‘, tribal,’’ 
after ‘‘State’’ each place it appears; and 
(2) in subsection (d)(1), by inserting ‘‘, tribal,’’ after ‘‘State’’. 
(d) POWERS OF ENFORCEMENT PERSONNEL.—Section 508(a) of 
the Controlled Substances Act (21 U.S.C. 878(a)) is amended in
H. R. 725—22 
the matter preceding paragraph (1) by inserting ‘‘, tribal,’’ after 
‘‘State’’. 
(e) EFFECT OF GRANTS.—Nothing in this section or any amend-
ment made by this section— 
(1) allows the grant to be made to, or used by, an entity 
for law enforcement activities that the entity lacks jurisdiction 
to perform; or 
(2) has any effect other than to authorize, award, or deny 
a grant of funds to a federally recognized Indian tribe for 
the purposes described in the relevant grant program. 
SEC. 233. ACCESS TO NATIONAL CRIMINAL INFORMATION DATABASES. 
(a) ACCESS TO NATIONAL CRIMINAL INFORMATION DATABASES.— 
Section 534 of title 28, United States Code, is amended— 
(1) in subsection (a)(4), by inserting ‘‘Indian tribes,’’ after 
‘‘the States,’’; 
(2) by striking subsection (d) and inserting the following: 
‘‘(d) INDIAN LAW ENFORCEMENT AGENCIES.—The Attorney Gen-
eral shall permit tribal and Bureau of Indian Affairs law enforce-
ment agencies— 
‘‘(1) to access and enter information into Federal criminal 
information databases; and 
‘‘(2) to obtain information from the databases.’’; 
(3) by redesignating the second subsection (e) as subsection 
(f); and 
(4) in paragraph (2) of subsection (f) (as redesignated by 
paragraph (3)), in the matter preceding subparagraph (A), by 
inserting ‘‘, tribal,’’ after ‘‘Federal’’. 
(b) REQUIREMENT.— 
(1) IN GENERAL.—The Attorney General shall ensure that 
tribal law enforcement officials that meet applicable Federal 
or State requirements be permitted access to national crime 
information databases. 
(2) SANCTIONS.—For purpose of sanctions for noncompli-
ance with requirements of, or misuse of, national crime informa-
tion databases and information obtained from those databases, 
a tribal law enforcement agency or official shall be treated 
as Federal law enforcement agency or official. 
(3) NCIC.—Each tribal justice official serving an Indian 
tribe with criminal jurisdiction over Indian country shall be 
considered to be an authorized law enforcement official for 
purposes of access to the National Crime Information Center 
of the Federal Bureau of Investigation. 
SEC. 234. TRIBAL COURT SENTENCING AUTHORITY. 
(a) INDIVIDUAL RIGHTS.—Section 202 of the Indian Civil Rights 
Act of 1968 (25 U.S.C. 1302), is amended— 
(1) in the matter preceding paragraph (1), by striking ‘‘No 
Indian tribe’’ and inserting the following: 
‘‘(a) IN GENERAL.—No Indian tribe’’; 
(2) in subsection (a) (as designated by paragraph (1))— 
(A) in paragraph (6) by inserting ‘‘(except as provided 
in subsection (b)) after ‘‘assistance of counsel for his 
defense’’; and 
(B) by striking paragraph (7) and inserting the fol-
lowing: 
‘‘(7)(A) require excessive bail, impose excessive fines, or 
inflict cruel and unusual punishments;
H. R. 725—23 
‘‘(B) except as provided in subparagraph (C), impose for 
conviction of any 1 offense any penalty or punishment greater 
than imprisonment for a term of 1 year or a fine of $5,000, 
or both; 
‘‘(C) subject to subsection (b), impose for conviction of any 
1 offense any penalty or punishment greater than imprisonment 
for a term of 3 years or a fine of $15,000, or both; or 
‘‘(D) impose on a person in a criminal proceeding a total 
penalty or punishment greater than imprisonment for a term 
of 9 years;’’; and 
(3) by adding at the end the following: 
‘‘(b) OFFENSES SUBJECT TO GREATER THAN 1-YEAR IMPRISON-
MENT OR A FINE GREATER THAN $5,000.—A tribal court may subject 
a defendant to a term of imprisonment greater than 1 year but 
not to exceed 3 years for any 1 offense, or a fine greater than 
$5,000 but not to exceed $15,000, or both, if the defendant is 
a person accused of a criminal offense who— 
‘‘(1) has been previously convicted of the same or a com-
parable offense by any jurisdiction in the United States; or 
‘‘(2) is being prosecuted for an offense comparable to an 
offense that would be punishable by more than 1 year of impris-
onment if prosecuted by the United States or any of the States. 
‘‘(c) RIGHTS OF DEFENDANTS.—In a criminal proceeding in which 
an Indian tribe, in exercising powers of self-government, imposes 
a total term of imprisonment of more than 1 year on a defendant, 
the Indian tribe shall— 
‘‘(1) provide to the defendant the right to effective assist-
ance of counsel at least equal to that guaranteed by the United 
States Constitution; and 
‘‘(2) at the expense of the tribal government, provide an 
indigent defendant the assistance of a defense attorney licensed 
to practice law by any jurisdiction in the United States that 
applies appropriate professional licensing standards and effec-
tively ensures the competence and professional responsibility 
of its licensed attorneys; 
‘‘(3) require that the judge presiding over the criminal 
proceeding— 
‘‘(A) has sufficient legal training to preside over 
criminal proceedings; and 
‘‘(B) is licensed to practice law by any jurisdiction 
in the United States; 
‘‘(4) prior to charging the defendant, make publicly avail-
able the criminal laws (including regulations and interpretative 
documents), rules of evidence, and rules of criminal procedure 
(including rules governing the recusal of judges in appropriate 
circumstances) of the tribal government; and 
‘‘(5) maintain a record of the criminal proceeding, including 
an audio or other recording of the trial proceeding. 
‘‘(d) SENTENCES.—In the case of a defendant sentenced in 
accordance with subsections (b) and (c), a tribal court may require 
the defendant— 
‘‘(1) to serve the sentence— 
‘‘(A) in a tribal correctional center that has been 
approved by the Bureau of Indian Affairs for long-term 
incarceration, in accordance with guidelines to be developed 
by the Bureau of Indian Affairs (in consultation with Indian
H. R. 725—24 
tribes) not later than 180 days after the date of enactment 
of the Tribal Law and Order Act of 2010; 
‘‘(B) in the nearest appropriate Federal facility, at the 
expense of the United States pursuant to the Bureau of 
Prisons tribal prisoner pilot program described in section 
304(c) of the Tribal Law and Order Act of 2010; 
‘‘(C) in a State or local government-approved detention 
or correctional center pursuant to an agreement between 
the Indian tribe and the State or local government; or 
‘‘(D) in an alternative rehabilitation center of an Indian 
tribe; or 
‘‘(2) to serve another alternative form of punishment, as 
determined by the tribal court judge pursuant to tribal law. 
‘‘(e) DEFINITION OF OFFENSE.—In this section, the term ‘offense’ 
means a violation of a criminal law. 
‘‘(f) EFFECT OF SECTION.—Nothing in this section affects the 
obligation of the United States, or any State government that 
has been delegated authority by the United States, to investigate 
and prosecute any criminal violation in Indian country.’’. 
(b) REPORT.—Not later than 4 years after the date of enactment 
of this Act, the Attorney General, in coordination with the Secretary 
of the Interior, shall submit a report to the appropriate committees 
of Congress that includes— 
(1) a description of the effectiveness of enhanced tribal 
court sentencing authority in curtailing violence and improving 
the administration of justice on Indian lands; and 
(2) a recommendation of whether enhanced sentencing 
authority should be discontinued, enhanced, or maintained at 
the level authorized under this title. 
(c) BUREAU OF PRISONS TRIBAL PRISONER PILOT PROGRAM.— 
(1) IN GENERAL.—Not later than 120 days after the date 
of enactment of this title, the Director of the Bureau of Prisons 
shall establish a pilot program under which the Bureau of 
Prisons shall accept offenders convicted in tribal court pursuant 
to section 202 of the Indian Civil Rights Act of 1968 (25 U.S.C. 
1302) (as amended by this section), subject to the conditions 
described in paragraph (2). 
(2) CONDITIONS.— 
(A) IN GENERAL.—As a condition of participation in 
the pilot program described in paragraph (1), the tribal 
court shall submit to the Attorney General a request for 
confinement of the offender, for approval by the Attorney 
General (or a designee) by not later than 30 days after 
the date of submission. 
(B) LIMITATIONS.—Requests for confinement shall be 
limited to offenders convicted of a violent crime (comparable 
to the violent crimes described in section 1153(a) of title 
18, United States Code) for which the sentence includes 
a term of imprisonment of 2 or more years. 
(C) CUSTODY CONDITIONS.—The imprisonment by the 
Bureau of Prisons shall be subject to the conditions 
described in section 5003 of title 18, United States Code, 
regarding the custody of State offenders, except that the 
offender shall be placed in the nearest available and appro-
priate Federal facility, and imprisoned at the expense of 
the United States.
H. R. 725—25 
(D) CAP.—The Bureau of Prisons shall confine not more 
than 100 tribal offenders at any time. 
(3) RESCINDING REQUESTS.— 
(A) IN
GENERAL.—The applicable tribal government 
shall retain the authority to rescind the request for confine-
ment of a tribal offender by the Bureau of Prisons under 
this paragraph at any time during the sentence of the 
offender. 
(B) RETURN TO TRIBAL CUSTODY.—On rescission of a 
request under subparagraph (A), a tribal offender shall 
be returned to tribal custody. 
(4) REASSESSMENT.—If tribal court demand for participation 
in this pilot program exceeds 100 tribal offenders, a representa-
tive of the Bureau of Prisons shall notify Congress. 
(5) REPORT.—Not later than 3 years after the date of 
establishment of the pilot program, the Attorney General shall 
submit to Congress a report describing the status of the pro-
gram, including recommendations regarding the future of the 
program, if any. 
(6) TERMINATION.—Except as otherwise provided by an Act 
of Congress, the pilot program under this paragraph shall 
expire on the date that is 4 years after the date on which 
the program is established. 
(d) GRANTS AND CONTRACTS.—Section 1007(b) of the Economic 
Opportunity Act of 1964 (42 U.S.C. 2996f(b)) is amended by striking 
paragraph (2) and inserting the following: 
‘‘(2) to provide legal assistance with respect to any criminal 
proceeding, except to provide assistance to a person charged 
with an offense in an Indian tribal court;’’. 
SEC. 235. INDIAN LAW AND ORDER COMMISSION. 
The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et 
seq.) (as amended by section 214(b)) is amended by adding at 
the end the following: 
‘‘SEC. 15. INDIAN LAW AND ORDER COMMISSION. 
‘‘(a) ESTABLISHMENT.—There is established a commission to 
be known as the Indian Law and Order Commission (referred 
to in this section as the ‘Commission’). 
‘‘(b) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—The Commission shall be composed of 
9 members, of whom— 
‘‘(A) 3 shall be appointed by the President, in consulta-
tion with— 
‘‘(i) the Attorney General; and 
‘‘(ii) the Secretary; 
‘‘(B) 2 shall be appointed by the Majority Leader of 
the Senate, in consultation with the Chairpersons of the 
Committees on Indian Affairs and the Judiciary of the 
Senate; 
‘‘(C) 1 shall be appointed by the Minority Leader of 
the Senate, in consultation with the Vice Chairperson and 
Ranking Member of the Committees on Indian Affairs and 
the Judiciary of the Senate; 
‘‘(D) 2 shall be appointed by the Speaker of the House 
of Representatives, in consultation with the Chairpersons 
of the Committees on the Judiciary and Natural Resources 
of the House of Representatives; and
H. R. 725—26 
‘‘(E) 1 shall be appointed by the Minority Leader of 
the House of Representatives, in consultation with the 
Ranking Members of the Committees on the Judiciary and 
Natural Resources of the House of Representatives. 
‘‘(2) REQUIREMENTS FOR ELIGIBILITY.—Each member of the 
Commission shall have significant experience and expertise 
in— 
‘‘(A) the Indian country criminal justice system; and 
‘‘(B) matters to be studied by the Commission. 
‘‘(3) CONSULTATION REQUIRED.—The President, the Speaker 
and Minority Leader of the House of Representatives, and 
the Majority Leader and Minority Leader of the Senate shall 
consult before the appointment of members of the Commission 
under paragraph (1) to achieve, to the maximum extent prac-
ticable, fair and equitable representation of various points of 
view with respect to the matters to be studied by the Commis-
sion. 
‘‘(4) TERM.—Each member shall be appointed for the life 
of the Commission. 
‘‘(5) TIME FOR INITIAL APPOINTMENTS.—The appointment 
of the members of the Commission shall be made not later 
than 60 days after the date of enactment of this Act. 
‘‘(6) VACANCIES.—A vacancy in the Commission shall be 
filled— 
‘‘(A) in the same manner in which the original appoint-
ment was made; and 
‘‘(B) not later than 60 days after the date on which 
the vacancy occurred. 
‘‘(c) OPERATION.— 
‘‘(1) CHAIRPERSON.—Not later than 15 days after the date 
on which all members of the Commission have been appointed, 
the Commission shall select 1 member to serve as Chairperson 
of the Commission. 
‘‘(2) MEETINGS.— 
‘‘(A) IN GENERAL.—The Commission shall meet at the 
call of the Chairperson. 
‘‘(B) INITIAL MEETING.—The initial meeting shall take 
place not later than 30 days after the date described in 
paragraph (1). 
‘‘(3) QUORUM.—A majority of the members of the Commis-
sion shall constitute a quorum, but a lesser number of members 
may hold hearings. 
‘‘(4) RULES.—The Commission may establish, by majority 
vote, any rules for the conduct of Commission business, in 
accordance with this Act and other applicable law. 
‘‘(d) COMPREHENSIVE STUDY
OF CRIMINAL JUSTICE SYSTEM 
RELATING TO INDIAN COUNTRY.—The Commission shall conduct a 
comprehensive study of law enforcement and criminal justice in 
tribal communities, including— 
‘‘(1) jurisdiction over crimes committed in Indian country 
and the impact of that jurisdiction on— 
‘‘(A) the investigation and prosecution of Indian country 
crimes; and 
‘‘(B) residents of Indian land; 
‘‘(2) the tribal jail and Federal prisons systems and the 
effect of those systems with respect to— 
‘‘(A) reducing Indian country crime; and
H. R. 725—27 
‘‘(B) rehabilitation of offenders; 
‘‘(3)(A) tribal juvenile justice systems and the Federal juve-
nile justice system as relating to Indian country; and 
‘‘(B) the effect of those systems and related programs in 
preventing juvenile crime, rehabilitating Indian youth in cus-
tody, and reducing recidivism among Indian youth; 
‘‘(4) the impact of the Indian Civil Rights Act of 1968 
(25 U.S.C. 1301 et seq.) on— 
‘‘(A) the authority of Indian tribes; 
‘‘(B) the rights of defendants subject to tribal govern-
ment authority; and 
‘‘(C) the fairness and effectiveness of tribal criminal 
systems; and 
‘‘(5) studies of such other subjects as the Commission deter-
mines relevant to achieve the purposes of the Tribal Law and 
Order Act of 2010. 
‘‘(e) RECOMMENDATIONS.—Taking into consideration the results 
of the study under paragraph (1), the Commission shall develop 
recommendations on necessary modifications and improvements to 
justice systems at the tribal, Federal, and State levels, including 
consideration of— 
‘‘(1) simplifying jurisdiction in Indian country; 
‘‘(2) improving services and programs— 
‘‘(A) to prevent juvenile crime on Indian land; 
‘‘(B) to rehabilitate Indian youth in custody; and 
‘‘(C) to reduce recidivism among Indian youth; 
‘‘(3) adjustments to the penal authority of tribal courts 
and exploring alternatives to incarceration; 
‘‘(4) the enhanced use of chapter 43 of title 28, United 
States Code (commonly known as ‘the Federal Magistrates Act’) 
in Indian country; 
‘‘(5) effective means of protecting the rights of victims and 
defendants in tribal criminal justice systems (including defend-
ants incarcerated for a period of less than 1 year); 
‘‘(6) changes to the tribal jails and Federal prison systems; 
and 
‘‘(7) other issues that, as determined by the Commission, 
would reduce violent crime in Indian country. 
‘‘(f) REPORT.—Not later than 2 years after the date of enactment 
of this Act, the Commission shall submit to the President and 
Congress a report that contains— 
‘‘(1) a detailed statement of the findings and conclusions 
of the Commission; and 
‘‘(2) the recommendations of the Commission for such legis-
lative 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 Commis-
sion considers to be advisable to carry out the duties of 
the Commission under this section. 
‘‘(B) PUBLIC
REQUIREMENT.—The hearings of the 
Commission under this paragraph shall be open to the 
public. 
‘‘(2) WITNESS EXPENSES.—
H. R. 725—28 
‘‘(A) IN
GENERAL.—A witness requested to appear 
before the Commission shall be paid the same fees and 
allowances as are paid to witnesses under section 1821 
of title 28, United States Code. 
‘‘(B) PER DIEM AND MILEAGE.—The fees and allowances 
for a witness shall be paid from funds made available 
to the Commission. 
‘‘(3) INFORMATION FROM FEDERAL, TRIBAL, AND STATE AGEN-
CIES.— 
‘‘(A) IN
GENERAL.—The Commission may secure 
directly from a Federal agency such information as the 
Commission considers to be necessary to carry out this 
section. 
‘‘(B) TRIBAL AND STATE AGENCIES.—The Commission 
may request the head of any tribal or State agency to 
provide to the Commission such information as the 
Commission considers to be necessary to carry out this 
section. 
‘‘(4) POSTAL
SERVICES.—The Commission may use the 
United States mails in the same manner and under the same 
conditions as other agencies of the Federal Government. 
‘‘(5) GIFTS.—The Commission may accept, use, and dispose 
of gifts or donations of services or property. 
‘‘(h) COMMISSION PERSONNEL MATTERS.— 
‘‘(1) TRAVEL EXPENSES.—A member of the Commission shall 
be allowed travel expenses, including per diem in lieu of subsist-
ence, at rates authorized for an employee of an agency under 
subchapter I of chapter 57 of title 5, United States Code, 
while away from the home or regular place of business of 
the member in the performance of the duties of the Commission. 
‘‘(2) DETAIL OF FEDERAL EMPLOYEES.—On the affirmative 
vote of 2⁄3 of the members of the Commission and the approval 
of the appropriate Federal agency head, an employee of the 
Federal Government may be detailed to the Commission with-
out reimbursement, and such detail shall be without interrup-
tion or loss of civil service status, benefits, or privileges. 
‘‘(3) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERV-
ICES.—On request of the Commission, the Attorney General 
shall provide to the Commission, on a reimbursable basis, 
reasonable and appropriate office space, supplies, and adminis-
trative assistance. 
‘‘(i) CONTRACTS FOR RESEARCH.— 
‘‘(1) RESEARCHERS AND EXPERTS.— 
‘‘(A) IN
GENERAL.—On an affirmative vote of 2⁄3 of 
the members of the Commission, the Commission may 
select nongovernmental researchers and experts to assist 
the Commission in carrying out the duties of the Commis-
sion under this section. 
‘‘(B) NATIONAL INSTITUTE OF JUSTICE.—The National 
Institute of Justice may enter into a contract with the 
researchers and experts selected by the Commission under 
subparagraph (A) to provide funding in exchange for the 
services of the researchers and experts. 
‘‘(2) OTHER
ORGANIZATIONS.—Nothing in this subsection 
limits the ability of the Commission to enter into contracts 
with any other entity or organization to carry out research
H. R. 725—44 
SEC. 266. STUDY OF IHS SEXUAL ASSAULT AND DOMESTIC VIOLENCE 
RESPONSE CAPABILITIES. 
(a) STUDY.—The Comptroller General of the United States 
shall— 
(1) conduct a study of the capability of Indian Health 
Service facilities in remote Indian reservations and Alaska 
Native villages, including facilities operated pursuant to con-
tracts or compacts under the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450b et seq.), to collect, 
maintain, and secure evidence of sexual assaults and domestic 
violence incidents required for criminal prosecution; and 
(2) develop recommendations for improving those capabili-
ties. 
(b) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Comptroller General shall submit to the Committee 
on Indian Affairs of the Senate and the Committee on Natural 
Resources of the House of Representatives a report describing the 
results of the study under subsection (a), including the recommenda-
tions developed under that subsection, if any. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.