Text: H.R.725 — 111th Congress (2009-2010)All Information (Except Text)

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Public Law No: 111-211 (07/29/2010)

 
[111th Congress Public Law 211]
[From the U.S. Government Printing Office]



[[Page 2257]]

                    INDIAN ARTS AND CRAFTS AMENDMENTS

[[Page 124 STAT. 2258]]

Public Law 111-211
111th Congress

                                 An Act


 
To protect Indian arts and crafts through the improvement of applicable 
     criminal proceedings, and for other purposes. <<NOTE: July 29, 
                          2010 -  [H.R. 725]>> 

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

       TITLE I-- <<NOTE: Indian Arts and Crafts Amendments Act of 
2010.>> INDIAN ARTS AND CRAFTS AMENDMENTS
SEC. 101. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This <<NOTE: 25 USC 305 note.>> title may be cited 
as the ``Indian Arts and Crafts Amendments Act of 2010''.

    (b) Table of Contents.--The table of contents of this title is as 
follows:

Sec. 101. Short title; table of contents.
Sec. 102. Indian arts and crafts.
Sec. 103. Misrepresentation of Indian produced goods and products.

SEC. 102. INDIAN ARTS AND CRAFTS.

    (a) Criminal Proceedings; Civil Actions; Misrepresentations.--
Section 5 of the Act entitled ``An Act to promote the development of 
Indian arts and crafts and to create a board to assist therein, and for 
other purposes'' (25 U.S.C. 305d) is amended to read as follows:
``SEC. 5. <<NOTE: 25 USC 305d.>> CRIMINAL PROCEEDINGS; CIVIL 
                    ACTIONS.

    ``(a) Definition of Federal Law Enforcement Officer.--In this 
section, the term `Federal law enforcement officer' includes a Federal 
law enforcement officer (as defined in section 115(c) of title 18, 
United States Code).
    ``(b) Authority To Conduct Investigations.--Any Federal law 
enforcement officer shall have the authority to conduct an investigation 
relating to an alleged violation of this Act occurring within the 
jurisdiction of the United States.
    ``(c) Criminal Proceedings.--
            ``(1) Investigation.--
                    ``(A) In general.--The Board may refer an alleged 
                violation of section 1159 of title 18, United States 
                Code, to any Federal law enforcement officer for 
                appropriate investigation.
                    ``(B) Referral not required.--A Federal law 
                enforcement officer may investigate an alleged violation 
                of section 1159 of that title regardless of whether the 
                Federal law

[[Page 124 STAT. 2259]]

                enforcement officer receives a referral under 
                subparagraph (A).
            ``(2) Findings.--The findings of an investigation of an 
        alleged violation of section 1159 of title 18, United States 
        Code, by any Federal department or agency under paragraph (1)(A) 
        shall be submitted, as appropriate, to--
                    ``(A) a Federal or State prosecuting authority; or
                    ``(B) the Board.
            ``(3) Recommendations.--On receiving the findings of an 
        investigation under paragraph (2), the Board may--
                    ``(A) recommend to the Attorney General that 
                criminal proceedings be initiated under section 1159 of 
                title 18, United States Code; and
                    ``(B) provide such support to the Attorney General 
                relating to the criminal proceedings as the Attorney 
                General determines to be appropriate.

    ``(d) Civil Actions.--In lieu of, or in addition to, any criminal 
proceeding under subsection (c), the Board may recommend that the 
Attorney General initiate a civil action under section 6.''.
    (b) Cause of Action for Misrepresentation.--Section 6 of the Act 
entitled ``An Act to promote the development of Indian arts and crafts 
and to create a board to assist therein, and for other purposes'' (25 
U.S.C. 305e) is amended--
            (1) by striking subsection (d);
            (2) by redesignating subsections (a) through (c) as 
        subsections (b) through (d), respectively;
            (3) by inserting before subsection (b) (as redesignated by 
        paragraph (2)) the following:

    ``(a) Definitions.--In this section:
            ``(1) Indian.--The term `Indian' means an individual that--
                    ``(A) is a member of an Indian tribe; or
                    ``(B) is certified as an Indian artisan by an Indian 
                tribe.
            ``(2) Indian product.--The term `Indian product' has the 
        meaning given the term in any regulation promulgated by the 
        Secretary.
            ``(3) Indian tribe.--
                    ``(A) In general.--The term `Indian tribe' has the 
                meaning given the term in section 4 of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                450b).
                    ``(B) Inclusion.--The term `Indian tribe' includes, 
                for purposes of this section only, an Indian group that 
                has been formally recognized as an Indian tribe by--
                          ``(i) a State legislature;
                          ``(ii) a State commission; or
                          ``(iii) another similar organization vested 
                      with State legislative tribal recognition 
                      authority.
            ``(4) Secretary.--The term `Secretary' means the Secretary 
        of the Interior.'';
            (4) in subsection (b) (as redesignated by paragraph (2)), by 
        striking ``subsection (c)'' and inserting ``subsection (d)'';
            (5) in subsection (c) (as redesignated by paragraph (2))--
                    (A) by striking ``subsection (a)'' and inserting 
                ``subsection (b)''; and
                    (B) by striking ``suit'' and inserting ``the civil 
                action'';

[[Page 124 STAT. 2260]]

            (6) by striking subsection (d) (as redesignated by paragraph 
        (2)) and inserting the following:

    ``(d) Persons That May Initiate Civil Actions.--
            ``(1) In general.--A civil action under subsection (b) may 
        be initiated by--
                    ``(A) the Attorney General, at the request of the 
                Secretary acting on behalf of--
                          ``(i) an Indian tribe;
                          ``(ii) an Indian; or
                          ``(iii) an Indian arts and crafts 
                      organization;
                    ``(B) an Indian tribe, acting on behalf of--
                          ``(i) the Indian tribe;
                          ``(ii) a member of that Indian tribe; or
                          ``(iii) an Indian arts and crafts 
                      organization;
                    ``(C) an Indian; or
                    ``(D) an Indian arts and crafts organization.
            ``(2) Disposition of amounts recovered.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), an amount recovered in a civil action 
                under this section shall be paid to the Indian tribe, 
                the Indian, or the Indian arts and crafts organization 
                on the behalf of which the civil action was initiated.
                    ``(B) Exceptions.--
                          ``(i) Attorney general.--In the case of a 
                      civil action initiated under paragraph (1)(A), the 
                      Attorney General may deduct from the amount--
                                    ``(I) the amount of the cost of the 
                                civil action and reasonable attorney's 
                                fees awarded under subsection (c), to be 
                                deposited in the Treasury and credited 
                                to appropriations available to the 
                                Attorney General on the date on which 
                                the amount is recovered; and
                                    ``(II) the amount of the costs of 
                                investigation awarded under subsection 
                                (c), to reimburse the Board for the 
                                activities of the Board relating to the 
                                civil action.
                          ``(ii) Indian tribe.--In the case of a civil 
                      action initiated under paragraph (1)(B), the 
                      Indian tribe may deduct from the amount--
                                    ``(I) the amount of the cost of the 
                                civil action; and
                                    ``(II) reasonable attorney's 
                                fees.''; and
            (7) in subsection (e), by striking ``(e) In the event that'' 
        and inserting the following:

    ``(e) Savings Provision.--If''.
SEC. 103. MISREPRESENTATION OF INDIAN PRODUCED GOODS AND PRODUCTS.

    Section 1159 of title 18, United States Code, is amended--
            (1) by striking subsection (b) and inserting the following:

    ``(b) Penalty.--Any person that knowingly violates subsection (a) 
shall--
            ``(1) in the case of a first violation by that person--
                    ``(A) if the applicable goods are offered or 
                displayed for sale at a total price of $1,000 or more, 
                or if the applicable goods are sold for a total price of 
                $1,000 or more--

[[Page 124 STAT. 2261]]

                          ``(i) in the case of an individual, be fined 
                      not more than $250,000, imprisoned for not more 
                      than 5 years, or both; and
                          ``(ii) in the case of a person other than an 
                      individual, be fined not more than $1,000,000; and
                    ``(B) if the applicable goods are offered or 
                displayed for sale at a total price of less than $1,000, 
                or if the applicable goods are sold for a total price of 
                less than $1,000--
                          ``(i) in the case of an individual, be fined 
                      not more than $25,000, imprisoned for not more 
                      than 1 year, or both; and
                          ``(ii) in the case of a person other than an 
                      individual, be fined not more than $100,000; and
            ``(2) in the case of a subsequent violation by that person, 
        regardless of the amount for which any good is offered or 
        displayed for sale or sold--
                    ``(A) in the case of an individual, be fined under 
                this title, imprisoned for not more than 15 years, or 
                both; and
                    ``(B) in the case of a person other than an 
                individual, be fined not more than $5,000,000.''; and
            (2) in subsection (c), by striking paragraph (3) and 
        inserting the following:
            ``(3) the term `Indian tribe'--
                    ``(A) has the meaning given the term in section 4 of 
                the Indian Self-Determination and Education Assistance 
                Act (25 U.S.C. 450b); and
                    ``(B) includes, for purposes of this section only, 
                an Indian group that has been formally recognized as an 
                Indian tribe by--
                          ``(i) a State legislature;
                          ``(ii) a State commission; or
                          ``(iii) another similar organization vested 
                      with State legislative tribal recognition 
                      authority; and''.

 TITLE II-- <<NOTE: Tribal Law and Order Act of 2010.>> TRIBAL LAW AND 
ORDER
SEC. 201. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short <<NOTE: 25 USC 2801 note.>> 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.

[[Page 124 STAT. 2262]]

   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. <<NOTE: 25 USC 2801 note.>>  FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the United States has distinct legal, treaty, and trust 
        obligations to provide for the public safety of Indian country;
            (2) Congress and the President have acknowledged that--
                    (A) tribal law enforcement officers are often the 
                first responders to crimes on Indian reservations; and
                    (B) tribal justice systems are often the most 
                appropriate institutions for maintaining law and order 
                in Indian country;
            (3) less than 3,000 tribal and Federal law enforcement 
        officers patrol more than 56,000,000 acres of Indian country, 
        which reflects less than \1/2\ of the law enforcement presence 
        in comparable rural communities nationwide;
            (4) the complicated jurisdictional scheme that exists in 
        Indian country--
                    (A) has a significant negative impact on the ability 
                to provide public safety to Indian communities;
                    (B) has been increasingly exploited by criminals; 
                and
                    (C) requires a high degree of commitment and 
                cooperation among tribal, Federal, and State law 
                enforcement officials;
            (5)(A) domestic and sexual violence against American Indian 
        and Alaska Native women has reached epidemic proportions;
            (B) 34 percent of American Indian and Alaska Native women 
        will be raped in their lifetimes; and
            (C) 39 percent of American Indian and Alaska Native women 
        will be subject to domestic violence;
            (6) Indian tribes have faced significant increases in 
        instances of domestic violence, burglary, assault, and child 
        abuse as a direct result of increased methamphetamine use on 
        Indian reservations; and

[[Page 124 STAT. 2263]]

            (7) crime data is a fundamental tool of law enforcement, but 
        for decades the Bureau of Indian Affairs and the Department of 
        Justice have not been able to coordinate or consistently report 
        crime and prosecution rates in tribal communities.

    (b) Purposes.--The purposes of this title are--
            (1) to clarify the responsibilities of Federal, State, 
        tribal, and local governments with respect to crimes committed 
        in Indian country;
            (2) to increase coordination and communication among 
        Federal, State, tribal, and local law enforcement agencies;
            (3) to empower tribal governments with the authority, 
        resources, and information necessary to safely and effectively 
        provide public safety in Indian country;
            (4) to reduce the prevalence of violent crime in Indian 
        country and to combat sexual and domestic violence against 
        American Indian and Alaska Native women;
            (5) to prevent drug trafficking and reduce rates of alcohol 
        and drug addiction in Indian country; and
            (6) to increase and standardize the collection of criminal 
        data and the sharing of criminal history information among 
        Federal, State, and tribal officials responsible for responding 
        to and investigating crimes in Indian country.
SEC. 203. <<NOTE: 25 USC 2801 note.>>  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. <<NOTE: 25 USC 2801 note.>>  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.

[[Page 124 STAT. 2264]]

SEC. 205. <<NOTE: 25 USC 2801 note.>>  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. <<NOTE: 25 USC 2801 note.>>  EFFECT.

    Nothing in this Act confers on an Indian tribe criminal jurisdiction 
over non-Indians.

           Subtitle A--Federal Accountability and Coordination

SEC. 211. OFFICE OF JUSTICE SERVICES RESPONSIBILITIES.

    (a) Definitions.--Section 2 of the Indian Law Enforcement Reform Act 
(25 U.S.C. 2801) is amended--
            (1) by striking paragraph (8);
            (2) by redesignating paragraphs (1) through (7) as 
        paragraphs (2) through (8), respectively;
            (3) by redesignating paragraph (9) as paragraph (1) and 
        moving the paragraphs so as to appear in numerical order; and
            (4) in paragraph (1) (as redesignated by paragraph (3)), by 
        striking ``Division of Law Enforcement Services'' and inserting 
        ``Office of Justice Services''.

    (b) Additional Responsibilities of Office.--Section 3 of the Indian 
Law Enforcement Reform Act (25 U.S.C. 2802) is amended--
            (1) in subsection (b), by striking ``(b) There is hereby 
        established within the Bureau a Division of Law Enforcement 
        Services which'' and inserting the following:

    ``(b) Office of Justice Services.-- <<NOTE: Establishment.>> There 
is established in the Bureau an office, to be known as the `Office of 
Justice Services', that'';
            (2) in subsection (c)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``Division of Law Enforcement Services'' and 
                inserting ``Office of Justice Services'';
                    (B) in paragraph (8), by striking ``and'' at the 
                end;
                    (C) in paragraph (9), by striking the period at the 
                end and inserting a semicolon; and
                    (D) by adding at the end the following:
            ``(10) the development and provision of dispatch and 
        emergency and E-911 services;
            ``(11) communicating with tribal leaders, tribal community 
        and victims' advocates, tribal justice officials, indigent 
        defense representatives, and residents of Indian country on a 
        regular basis regarding public safety and justice concerns 
        facing tribal communities;
            ``(12) conducting meaningful and timely consultation with 
        tribal leaders and tribal justice officials in the development 
        of regulatory policies and other actions that affect public 
        safety and justice in Indian country;
            ``(13) providing technical assistance and training to tribal 
        law enforcement officials to gain access and input authority to 
        utilize the National Criminal Information Center and other 
        national crime information databases pursuant to section 534 of 
        title 28, United States Code;

[[Page 124 STAT. 2265]]

            ``(14) <<NOTE: Data collection. Reports.>> in coordination 
        with the Attorney General pursuant to subsection (g) of section 
        302 of the Omnibus Crime Control and Safe Streets Act of 1968 
        (42 U.S.C. 3732), collecting, analyzing, and reporting data 
        regarding Indian country crimes on an annual basis;
            ``(15) <<NOTE: Information sharing.>> on an annual basis, 
        sharing with the Department of Justice all relevant crime data, 
        including Uniform Crime Reports, that the Office of Justice 
        Services prepares and receives from tribal law enforcement 
        agencies on a tribe-by-tribe basis to ensure that individual 
        tribal governments providing data are eligible for programs 
        offered by the Department of Justice;
            ``(16) <<NOTE: Reports.>> submitting to the appropriate 
        committees of Congress, for each fiscal year, a detailed 
        spending report regarding tribal public safety and justice 
        programs that includes--
                    ``(A)(i) the number of full-time employees of the 
                Bureau and tribal governments who serve as--
                          ``(I) criminal investigators;
                          ``(II) uniform police;
                          ``(III) police and emergency dispatchers;
                          ``(IV) detention officers;
                          ``(V) executive personnel, including special 
                      agents in charge, and directors and deputies of 
                      various offices in the Office of Justice Services; 
                      and
                          ``(VI) tribal court judges, prosecutors, 
                      public defenders, appointed defense counsel, or 
                      related staff; and
                    ``(ii) the amount of appropriations obligated for 
                each category described in clause (i) for each fiscal 
                year;
                    ``(B) a list of amounts dedicated to law enforcement 
                and corrections, vehicles, related transportation costs, 
                equipment, inmate transportation costs, inmate transfer 
                costs, replacement, improvement, and repair of 
                facilities, personnel transfers, detailees and costs 
                related to their details, emergency events, public 
                safety and justice communications and technology costs, 
                and tribal court personnel, facilities, indigent 
                defense, and related program costs;
                    ``(C) a list of the unmet staffing needs of law 
                enforcement, corrections, and court personnel (including 
                indigent defense and prosecution staff) at tribal and 
                Bureau of Indian Affairs justice agencies, the 
                replacement and repair needs of tribal and Bureau 
                corrections facilities, needs for tribal police and 
                court facilities, and public safety and emergency 
                communications and technology needs; and
                    ``(D) the formula, priority list or other 
                methodology used to determine the method of disbursement 
                of funds for the public safety and justice programs 
                administered by the Office of Justice Services;
            ``(17) <<NOTE: Reports.>> submitting to the appropriate 
        committees of Congress, for each fiscal year, a report 
        summarizing the technical assistance, training, and other 
        support provided to tribal law enforcement and corrections 
        agencies that operate relevant programs pursuant to self-
        determination contracts or self-governance compacts with the 
        Secretary; and
            ``(18) <<NOTE: Regulations.>> promulgating regulations to 
        carry out this Act, and routinely reviewing and updating, as 
        necessary, the regulations

[[Page 124 STAT. 2266]]

        contained in subchapter B of title 25, Code of Federal 
        Regulations (or successor regulations).'';
            (3) in subsection (d)--
                    (A) in paragraph (1), by striking ``Division of Law 
                Enforcement Services'' and inserting ``Office of Justice 
                Services''; and
                    (B) in paragraph (4)(i), in the first sentence, by 
                striking ``Division'' and inserting ``Office of Justice 
                Services'';
            (4) in subsection (e), by striking ``Division of Law 
        Enforcement Services'' each place it appears and inserting 
        ``Office of Justice Services''; and
            (5) by adding at the end the following:

    ``(f) Long-term Plan for Tribal Detention Programs.-- 
<<NOTE: Deadline.>> Not later than 1 year after the date of enactment of 
this subsection, the Secretary, acting through the Bureau, in 
coordination with the Department of Justice and in consultation with 
tribal leaders, tribal courts, tribal law enforcement officers, and 
tribal corrections officials, shall submit to Congress a long-term plan 
to address incarceration in Indian country, including--
            ``(1) a description of proposed activities for--
                    ``(A) the construction, operation, and maintenance 
                of juvenile (in accordance with section 4220(a)(3) of 
                the Indian Alcohol and Substance Abuse Prevention and 
                Treatment Act of 1986 (25 U.S.C. 2453(a)(3)) and adult 
                detention facilities (including regional facilities) in 
                Indian country;
                    ``(B) contracting with State and local detention 
                centers, upon approval of affected tribal governments; 
                and
                    ``(C) alternatives to incarceration, developed in 
                cooperation with tribal court systems;
            ``(2) an assessment and consideration of the construction of 
        Federal detention facilities in Indian country; and
            ``(3) any other alternatives as the Secretary, in 
        coordination with the Attorney General and in consultation with 
        Indian tribes, determines to be necessary.''.

    (c) Law Enforcement Authority.--Section 4 of the Indian Law 
Enforcement Reform Act (25 U.S.C. 2803) is amended--
            (1) in paragraph (2)(A), by striking ``), or'' and inserting 
        ``or offenses processed by the Central Violations Bureau); or''; 
        and
            (2) in paragraph (3)--
                    (A) in subparagraph (B), by striking ``, or'' at the 
                end and inserting a semicolon;
                    (B) in subparagraphs (B) and (C), by striking 
                ``reasonable grounds'' each place it appears and 
                inserting ``probable cause'';
                    (C) in subparagraph (C), by adding ``or'' at the 
                end; and
                    (D) by adding at the end the following:
                    ``(D)(i) the offense involves--
                          ``(I) a misdemeanor controlled substance 
                      offense in violation of--
                                    ``(aa) the Controlled Substances Act 
                                (21 U.S.C. 801 et seq.);
                                    ``(bb) title IX of the Personal 
                                Responsibility and Work Opportunity 
                                Reconciliation Act of 1996 (21 U.S.C. 
                                862a et seq.); or

[[Page 124 STAT. 2267]]

                                    ``(cc) section 731 of the USA 
                                PATRIOT Improvement and Reauthorization 
                                Act of 2005 (21 U.S.C. 865);
                          ``(II) a misdemeanor firearms offense in 
                      violation of chapter 44 of title 18, United States 
                      Code;
                          ``(III) a misdemeanor assault in violation of 
                      chapter 7 of title 18, United States Code; or
                          ``(IV) a misdemeanor liquor trafficking 
                      offense in violation of chapter 59 of title 18, 
                      United States Code; and
                    ``(ii) the employee has probable cause to believe 
                that the individual to be arrested has committed, or is 
                committing, the crime;''.
SEC. 212. DISPOSITION REPORTS.

    Section 10 of the Indian Law Enforcement Reform Act (25 U.S.C. 2809) 
is amended by striking subsections (a) through (d) and inserting the 
following:
    ``(a) Coordination and Data Collection.--
            ``(1) Investigative coordination.--Subject to subsection 
        (c), if a law enforcement officer or employee of any Federal 
        department or agency terminates an investigation of an alleged 
        violation of Federal criminal law in Indian country without 
        referral for prosecution, the officer or employee shall 
        coordinate with the appropriate tribal law enforcement officials 
        regarding the status of the investigation and the use of 
        evidence relevant to the case in a tribal court with authority 
        over the crime alleged.
            ``(2) Investigation data.--The Federal Bureau of 
        Investigation shall compile, on an annual basis and by Field 
        Division, information regarding decisions not to refer to an 
        appropriate prosecuting authority cases in which investigations 
        had been opened into an alleged crime in Indian country, 
        including--
                    ``(A) the types of crimes alleged;
                    ``(B) the statuses of the accused as Indians or non-
                Indians;
                    ``(C) the statuses of the victims as Indians or non-
                Indians; and
                    ``(D) the reasons for deciding against referring the 
                investigation for prosecution.
            ``(3) Prosecutorial coordination.--Subject to subsection 
        (c), if a United States Attorney declines to prosecute, or acts 
        to terminate prosecution of, an alleged violation of Federal 
        criminal law in Indian country, the United States Attorney shall 
        coordinate with the appropriate tribal justice officials 
        regarding the status of the investigation and the use of 
        evidence relevant to the case in a tribal court with authority 
        over the crime alleged.
            ``(4) Prosecution data.--The United States Attorney shall 
        submit to the Native American Issues Coordinator to compile, on 
        an annual basis and by Federal judicial district, information 
        regarding all declinations of alleged violations of Federal 
        criminal law that occurred in Indian country that were referred 
        for prosecution by law enforcement agencies, including--
                    ``(A) the types of crimes alleged;
                    ``(B) the statuses of the accused as Indians or non-
                Indians;

[[Page 124 STAT. 2268]]

                    ``(C) the statuses of the victims as Indians or non-
                Indians; and
                    ``(D) the reasons for deciding to decline or 
                terminate the prosecutions.

    ``(b) Annual Reports.--The Attorney General shall submit to Congress 
annual reports containing, with respect to the applicable calendar year, 
the information compiled under paragraphs (2) and (4) of subsection 
(a)--
            ``(1) organized--
                    ``(A) in the aggregate; and
                    ``(B)(i) for the Federal Bureau of Investigation, by 
                Field Division; and
                    ``(ii) for United States Attorneys, by Federal 
                judicial district; and
            ``(2) including any relevant explanatory statements.

    ``(c) Effect of Section.--
            ``(1) In general.--Nothing in this section requires any 
        Federal agency or official to transfer or disclose any 
        confidential, privileged, or statutorily protected 
        communication, information, or source to an official of any 
        Indian tribe.
            ``(2) Federal rules of criminal procedure.--Nothing in this 
        section affects or limits the requirements of Rule 6 of the 
        Federal Rules of Criminal Procedure.
            ``(3) Regulations.--The Attorney General shall establish, by 
        regulation, standards for the protection of the confidential or 
        privileged communications, information, and sources described in 
        this section.''.
SEC. 213. PROSECUTION OF CRIMES IN INDIAN COUNTRY.

    (a) Appointment of Special Prosecutors.--
            (1) In general.--Section 543 of title 28, United States 
        Code, is amended--
                    (A) in subsection (a), by inserting before the 
                period at the end the following: ``, including the 
                appointment of qualified tribal prosecutors and other 
                qualified attorneys to assist in prosecuting Federal 
                offenses committed in Indian country''; and
                    (B) by adding at the end the following:

    ``(c) Indian Country.--In this section, the term `Indian country' 
has the meaning given that term in section 1151 of title 18.''.
            (2) Sense of congress regarding consultation.--It is the 
        sense of Congress that, in appointing attorneys under section 
        543 of title 28, United States Code, to serve as special 
        prosecutors in Indian country, the Attorney General should 
        consult with tribal justice officials of each Indian tribe that 
        would be affected by the appointment.

    (b) Tribal Liaisons.--
            (1) In general.--The Indian Law Enforcement Reform Act (25 
        U.S.C. 2801 et seq.) is amended by adding at the end the 
        following:
``SEC. 13. <<NOTE: 25 USC 2810.>> ASSISTANT UNITED STATES ATTORNEY 
                      TRIBAL LIAISONS.

    ``(a) Appointment.--The United States Attorney for each district 
that includes Indian country shall appoint not less than 1 assistant 
United States Attorney to serve as a tribal liaison for the district.
    ``(b) Duties.--The duties of a tribal liaison shall include the 
following:

[[Page 124 STAT. 2269]]

            ``(1) Coordinating the prosecution of Federal crimes that 
        occur in Indian country.
            ``(2) Developing multidisciplinary teams to combat child 
        abuse and domestic and sexual violence offenses against Indians.
            ``(3) Consulting and coordinating with tribal justice 
        officials and victims' advocates to address any backlog in the 
        prosecution of major crimes in Indian country in the district.
            ``(4) Developing working relationships and maintaining 
        communication with tribal leaders, tribal community and victims' 
        advocates, and tribal justice officials to gather information 
        from, and share appropriate information with, tribal justice 
        officials.
            ``(5) Coordinating with tribal prosecutors in cases in which 
        a tribal government has concurrent jurisdiction over an alleged 
        crime, in advance of the expiration of any applicable statute of 
        limitation.
            ``(6) Providing technical assistance and training regarding 
        evidence gathering techniques and strategies to address victim 
        and witness protection to tribal justice officials and other 
        individuals and entities that are instrumental to responding to 
        Indian country crimes.
            ``(7) Conducting training sessions and seminars to certify 
        special law enforcement commissions to tribal justice officials 
        and other individuals and entities responsible for responding to 
        Indian country crimes.
            ``(8) Coordinating with the Office of Tribal Justice, as 
        necessary.
            ``(9) Conducting such other activities to address and 
        prevent violent crime in Indian country as the applicable United 
        States Attorney determines to be appropriate.

    ``(c) Effect of Section.--Nothing in this section limits the 
authority of any United States Attorney to determine the duties of a 
tribal liaison officer to meet the needs of the Indian tribes located 
within the relevant Federal district.
    ``(d) Enhanced Prosecution of Minor Crimes.--
            ``(1) In general.--Each United States Attorney serving a 
        district that includes Indian country is authorized and 
        encouraged--
                    ``(A) to appoint Special Assistant United States 
                Attorneys pursuant to section 543(a) of title 28, United 
                States Code, to prosecute crimes in Indian country as 
                necessary to improve the administration of justice, and 
                particularly when--
                          ``(i) the crime rate exceeds the national 
                      average crime rate; or
                          ``(ii) the rate at which criminal offenses are 
                      declined to be prosecuted exceeds the national 
                      average declination rate;
                    ``(B) to coordinate with applicable United States 
                district courts regarding scheduling of Indian country 
                matters and holding trials or other proceedings in 
                Indian country, as appropriate;
                    ``(C) to provide to appointed Special Assistant 
                United States Attorneys appropriate training, 
                supervision, and staff support; and

[[Page 124 STAT. 2270]]

                    ``(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. <<NOTE: 25 USC 3665a.>> OFFICE OF TRIBAL JUSTICE.

    ``(a) In General.-- <<NOTE: Deadline. Establishment.>> 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).

[[Page 124 STAT. 2271]]

    ``(c) Duties.--The Office of Tribal Justice shall--
            ``(1) serve as the program and legal policy advisor to the 
        Attorney General with respect to the treaty and trust 
        relationship between the United States and Indian tribes;
            ``(2) serve as the point of contact for federally recognized 
        tribal governments and tribal organizations with respect to 
        questions and comments regarding policies and programs of the 
        Department and issues relating to public safety and justice in 
        Indian country; and
            ``(3) coordinate with other bureaus, agencies, offices, and 
        divisions within the Department of Justice to ensure that each 
        component has an accountable process to ensure meaningful and 
        timely consultation with tribal leaders in the development of 
        regulatory policies and other actions that affect--
                    ``(A) the trust responsibility of the United States 
                to Indian tribes;
                    ``(B) any tribal treaty provision;
                    ``(C) the status of Indian tribes as sovereign 
                governments; or
                    ``(D) any other tribal interest.''.

    (b) Native American Issues Coordinator.--The Indian Law Enforcement 
Reform Act (25 U.S.C. 2801 et seq.) (as amended by section 213(b)) is 
amended by adding at the end the following:
``SEC. 14. <<NOTE: 25 USC 2811.>> NATIVE AMERICAN ISSUES 
                      COORDINATOR.

    ``(a) Establishment.--There is established in the Executive Office 
for United States Attorneys of the Department of Justice a position to 
be known as the `Native American Issues Coordinator'.
    ``(b) Duties.--The Native American Issues Coordinator shall--
            ``(1) coordinate with the United States Attorneys that have 
        authority to prosecute crimes in Indian country;
            ``(2) coordinate prosecutions of crimes of national 
        significance in Indian country, as determined by the Attorney 
        General;
            ``(3) coordinate as necessary with other components of the 
        Department of Justice and any relevant advisory groups to the 
        Attorney General or the Deputy Attorney General; and
            ``(4) carry out such other duties as the Attorney General 
        may prescribe.''.

            Subtitle B--State Accountability and Coordination

SEC. 221. STATE CRIMINAL JURISDICTION AND RESOURCES.

    (a) Concurrent Authority of United States.--Section 401(a) of the 
Indian Civil Rights Act of 1968 (25 U.S.C. 1321(a)) is amended--
            (1) by striking the section designation and heading and all 
        that follows through ``The consent of the United States'' and 
        inserting the following:
``SEC. 401. ASSUMPTION BY STATE OF CRIMINAL JURISDICTION.

    ``(a) Consent of United States.--
            ``(1) In general.--The consent of the United States''; and
            (2) by adding at the end the following:

[[Page 124 STAT. 2272]]

            ``(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. <<NOTE: 25 USC 2815.>> STATE, TRIBAL, AND LOCAL LAW 
                        ENFORCEMENT COOPERATION.

    The Attorney General may provide technical and other assistance to 
State, tribal, and local governments that enter into cooperative 
agreements, including agreements relating to mutual aid, hot pursuit of 
suspects, and cross-deputization for the purposes of--
            (1) improving law enforcement effectiveness;
            (2) reducing crime in Indian country and nearby communities; 
        and
            (3) developing successful cooperative relationships that 
        effectively combat crime in Indian country and nearby 
        communities.

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

SEC. 231. TRIBAL POLICE OFFICERS.

    (a) Flexibility in Training Law Enforcement Officers Serving Indian 
Country.--Section 3(e) of the Indian Law Enforcement Reform Act (25 
U.S.C. 2802(e)) (as amended by section 211(b)(4)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``(e)(1) The Secretary'' and 
                inserting the following:

    ``(e) Standards of Education and Experience and Classification of 
Positions.--
            ``(1) Standards of education and experience.--
                    ``(A) In general.--The Secretary''; and
                    (B) by adding at the end the following:
                    ``(B) Requirements for training.--The training 
                standards established under subparagraph (A)--
                          ``(i) shall be consistent with standards 
                      accepted by the Federal Law Enforcement Training 
                      Accreditation commission for law enforcement 
                      officers attending similar programs; and

[[Page 124 STAT. 2273]]

                          ``(ii) shall include, or be supplemented by, 
                      instruction regarding Federal sources of authority 
                      and jurisdiction, Federal crimes, Federal rules of 
                      criminal procedure, and constitutional law to 
                      bridge the gap between State training and Federal 
                      requirements.
                    ``(C) Training at state, tribal, and local 
                academies.--Law enforcement personnel of the Office of 
                Justice Services or an Indian tribe may satisfy the 
                training standards established under subparagraph (A) 
                through training at a State or tribal police academy, a 
                State, regional, local, or tribal college or university, 
                or other training academy (including any program at a 
                State, regional, local, or tribal college or university) 
                that meets the appropriate Peace Officer Standards of 
                Training.
                    ``(D) Maximum age requirement.--Pursuant to section 
                3307(e) of title 5, United States Code, the Secretary 
                may employ as a law enforcement officer under section 4 
                any individual under the age of 47, if the individual 
                meets all other applicable hiring requirements for the 
                applicable law enforcement position.'';
            (2) in paragraph (3), by striking ``Agencies'' and inserting 
        ``agencies''; and
            (3) by adding at the end the following:
            ``(4) Background checks for tribal justice officials.--
                    ``(A) In general.--The Office of Justice Services 
                shall develop standards and deadlines for the provision 
                of background checks to tribal law enforcement and 
                corrections officials.
                    ``(B) Timing.--If a request for a background check 
                is made by an Indian tribe that has contracted or 
                entered into a compact for law enforcement or 
                corrections services with the Bureau of Indian Affairs 
                pursuant to the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 450 et seq.), the Office of 
                Justice Services shall complete the check not later than 
                60 days after the date of receipt of the request, unless 
                an adequate reason for failure to respond by that date 
                is provided to the Indian tribe in writing.''.

    (b) Special Law Enforcement Commissions.--Section 5 of the Indian 
Law Enforcement Reform Act (25 U.S.C. 2804) is amended--
            (1) by striking ``(a) The Secretary may enter into an 
        agreement'' and inserting the following:

    ``(a) Agreements.--
            ``(1) In general.--Not <<NOTE: Deadline. Procedures.>> 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

[[Page 124 STAT. 2274]]

                      law enforcement commissions to tribal law 
                      enforcement officials, and, subject to subsection 
                      (d), State and local law enforcement officials, 
                      pursuant to this section.
                          ``(ii) Inclusions.--The plan under clause (i) 
                      shall include the hosting of regional training 
                      sessions in Indian country, not less frequently 
                      than biannually, to educate and certify candidates 
                      for the special law enforcement commissions.
                    ``(B) Memoranda of agreement.--
                          ``(i) In general.--Not later than 180 days 
                      after the date of enactment of the Tribal Law and 
                      Order Act of 2010, the Secretary, in consultation 
                      with Indian tribes and tribal law enforcement 
                      agencies, shall develop minimum requirements to be 
                      included in special law enforcement commission 
                      agreements pursuant to this section.
                          ``(ii) Substance of agreements.--Each 
                      agreement entered into pursuant to this section 
                      shall reflect the status of the applicable 
                      certified individual as a Federal law enforcement 
                      officer under subsection (f), acting within the 
                      scope of the duties described in section 3(c).
                          ``(iii) Agreement.--Not later than 60 days 
                      after the date on which the Secretary determines 
                      that all applicable requirements under clause (i) 
                      are met, the Secretary shall offer to enter into a 
                      special law enforcement commission agreement with 
                      the Indian tribe.''.

    (c) Indian Law Enforcement Foundation.--The Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.) is 
amended by adding at the end the following:

             ``TITLE VII--INDIAN LAW ENFORCEMENT FOUNDATION

``SEC. <<NOTE: 25 USC 458ccc.>> 701. DEFINITIONS.

    ``In this title:
            ``(1) Board.--The term `Board' means the Board of Directors 
        of the Foundation.
            ``(2) Bureau.--The term `Bureau' means the Office of Justice 
        Services of the Bureau of Indian Affairs.
            ``(3) Committee.--The term `Committee' means the Committee 
        for the Establishment of the Indian Law Enforcement Foundation 
        established under section 702(e)(1).
            ``(4) Foundation.--The term `Foundation' means the Indian 
        Law Enforcement Foundation established under section 702.
            ``(5) Secretary.--The term `Secretary' means the Secretary 
        of the Interior.
``SEC. 702. <<NOTE: 25 USC 458ccc-1.>> 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'.

[[Page 124 STAT. 2275]]

            ``(2) Funding determinations.--No funds, gift, property, or 
        other item of value (including any interest accrued on such an 
        item) acquired by the Foundation shall--
                    ``(A) be taken into consideration for purposes of 
                determining Federal appropriations relating to the 
                provision of public safety or justice services to 
                Indians; or
                    ``(B) otherwise limit, diminish, or affect the 
                Federal responsibility for the provision of public 
                safety or justice services to Indians.

    ``(b) Nature of Corporation.--The Foundation--
            ``(1) shall be a charitable and nonprofit federally 
        chartered corporation; and
            ``(2) shall not be an agency or instrumentality of the 
        United States.

    ``(c) Place of Incorporation and Domicile.--The Foundation shall be 
incorporated and domiciled in the District of Columbia.
    ``(d) Duties.--The Foundation shall--
            ``(1) encourage, accept, and administer, in accordance with 
        the terms of each donation, private gifts of real and personal 
        property, and any income from or interest in such gifts, for the 
        benefit of, or in support of, public safety and justice services 
        in American Indian and Alaska Native communities; and
            ``(2) assist the Office of Justice Services of the Bureau of 
        Indian Affairs and Indian tribal governments in funding and 
        conducting activities and providing education to advance and 
        support the provision of public safety and justice services in 
        American Indian and Alaska Native communities.

    ``(e) Committee for the Establishment of the Indian Law Enforcement 
Foundation.--
            ``(1) In general.--The Secretary shall establish a 
        committee, to be known as the `Committee for the Establishment 
        of the Indian Law Enforcement Foundation', to assist the 
        Secretary in establishing the Foundation.
            ``(2) Duties.--Not <<NOTE: Deadline.>> later than 180 days 
        after the date of enactment of this section, the Committee 
        shall--
                    ``(A) carry out such activities as are necessary to 
                incorporate the Foundation under the laws of the 
                District of Columbia, including acting as incorporators 
                of the Foundation;
                    ``(B) ensure that the Foundation qualifies for and 
                maintains the status required to carry out this section, 
                until the date on which the Board is established;
                    ``(C) establish the constitution and initial bylaws 
                of the Foundation;
                    ``(D) provide for the initial operation of the 
                Foundation, including providing for temporary or interim 
                quarters, equipment, and staff; and
                    ``(E) appoint the initial members of the Board in 
                accordance with the constitution and initial bylaws of 
                the Foundation.

    ``(f) Board of Directors.--
            ``(1) In general.--The Board of Directors shall be the 
        governing body of the Foundation.
            ``(2) Powers.--The Board may exercise, or provide for the 
        exercise of, the powers of the Foundation.
            ``(3) Selection.--

[[Page 124 STAT. 2276]]

                    ``(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) <<NOTE: Deadline.>> shall be 
                                appointed by the Committee not later 
                                than 180 days after the date on which 
                                the Foundation is established; and
                                    ``(II) shall serve for staggered 
                                terms.
                          ``(iii) Qualification.--The members of the 
                      Board shall be United States citizens with 
                      knowledge or experience regarding public safety 
                      and justice in Indian and Alaska Native 
                      communities.
                    ``(C) Compensation.--A member of the Board shall not 
                receive compensation for service as a member, but shall 
                be reimbursed for actual and necessary travel and 
                subsistence expenses incurred in the performance of the 
                duties of the Foundation.

    ``(g) Officers.--
            ``(1) In general.--The officers of the Foundation shall be--
                    ``(A) a Secretary, elected from among the members of 
                the Board; and
                    ``(B) any other officers provided for in the 
                constitution and bylaws of the Foundation.
            ``(2) Chief operating officer.--
                    ``(A) Secretary.--Subject to subparagraph (B), the 
                Secretary of the Foundation may serve, at the direction 
                of the Board, as the chief operating officer of the 
                Foundation.
                    ``(B) Appointment.--The Board may appoint a chief 
                operating officer in lieu of the Secretary of the 
                Foundation under subparagraph (A), who shall serve at 
                the direction of the Board.
            ``(3) Election.--The manner of election, term of office, and 
        duties of the officers of the Foundation shall be as provided in 
        the constitution and bylaws of the Foundation.

    ``(h) Powers.--The Foundation--
            ``(1) shall adopt a constitution and bylaws for the 
        management of the property of the Foundation and the regulation 
        of the affairs of the Foundation;
            ``(2) may adopt and alter a corporate seal;
            ``(3) may enter into contracts;
            ``(4) may acquire (through gift or otherwise), own, lease, 
        encumber, and transfer real or personal property as necessary or 
        convenient to carry out the purposes of the Foundation;
            ``(5) may sue and be sued; and
            ``(6) may perform any other act necessary and proper to 
        carry out the purposes of the Foundation.

    ``(i) Principal Office.--
            ``(1) In general.--The principal office of the Foundation 
        shall be located in the District of Columbia.
            ``(2) Activities; offices.--The activities of the Foundation 
        may be conducted, and offices may be maintained, throughout

[[Page 124 STAT. 2277]]

        the United States in accordance with the constitution and bylaws 
        of the Foundation.

    ``(j) Service of Process.--The Foundation shall comply with the law 
on service of process of each State in which the Foundation is 
incorporated and of each State in which the Foundation carries on 
activities.
    ``(k) Liability of Officers, Employees, and Agents.--
            ``(1) In general.--The Foundation shall be liable for the 
        acts of the officers, employees, and agents of the Foundation 
        acting within the scope of the authority of the officers, 
        employees, and agents.
            ``(2) Personal liability.--A member of the Board shall be 
        personally liable only for gross negligence in the performance 
        of the duties of the member.

    ``(l) Restrictions.--
            ``(1) Limitation on spending.--Beginning with the fiscal 
        year following the first full fiscal year during which the 
        Foundation is in operation, the administrative costs of the 
        Foundation shall not exceed the percentage described in 
        paragraph (2) of the sum of--
                    ``(A) the amounts transferred to the Foundation 
                under subsection (n) during the preceding fiscal year; 
                and
                    ``(B) donations received from private sources during 
                the preceding fiscal year.
            ``(2) Percentages.--The percentages referred to in paragraph 
        (1) are--
                    ``(A) for the first 2 fiscal years described in that 
                paragraph, 25 percent;
                    ``(B) for the following fiscal year, 20 percent; and
                    ``(C) for each fiscal year thereafter, 15 percent.
            ``(3) Appointment and hiring.--The appointment of officers 
        and employees of the Foundation shall be subject to the 
        availability of funds.
            ``(4) Status.--A member of the Board or officer, employee, 
        or agent of the Foundation shall not by reason of association 
        with the Foundation be considered to be an officer, employee, or 
        agent of the United States.

    ``(m) Audits.--The Foundation shall comply with section 10101 of 
title 36, United States Code, as if the Foundation were a corporation 
under part B of subtitle II of that title.
    ``(n) Funding.--For each of fiscal years 2011 through 2015, out of 
any unobligated amounts available to the Secretary, the Secretary may 
use to carry out this section not more than $500,000.
``SEC. 703. <<NOTE: 25 USC 458ccc-2.>> ADMINISTRATIVE SERVICES AND 
                        SUPPORT.

    ``(a) Provision of Support by Secretary.--Subject <<NOTE: Time 
period.>> to subsection (b), during the 5-year period beginning on the 
date on which the Foundation is established, the Secretary--
            ``(1) may provide personnel, facilities, and other 
        administrative support services to the Foundation;
            ``(2) may provide funds for initial operating costs and to 
        reimburse the travel expenses of the members of the Board; and
            ``(3) shall require and accept reimbursements from the 
        Foundation for--
                    ``(A) services provided under paragraph (1); and
                    ``(B) funds provided under paragraph (2).

[[Page 124 STAT. 2278]]

    ``(b) Reimbursement.--Reimbursements accepted under subsection 
(a)(3)--
            ``(1) shall be deposited in the Treasury of the United 
        States to the credit of the applicable appropriations account; 
        and
            ``(2) shall be chargeable for the cost of providing services 
        described in subsection (a)(1) and travel expenses described in 
        subsection (a)(2).

    ``(c) Continuation of Certain Services.--The Secretary may continue 
to provide facilities and necessary support services to the Foundation 
after the termination of the 5-year period specified in subsection (a) 
if the facilities and services are--
            ``(1) available; and
            ``(2) provided on reimbursable cost basis.''.

    (d) Technical Amendments.--The Indian Self-Determination and 
Education Assistance Act is amended--
            (1) by redesignating title V (25 U.S.C. 458bbb et seq.) as 
        title VIII and moving the title so as to appear at the end of 
        the Act;
            (2) by <<NOTE: 25 USC 458ddd-- 458ddd-2. 25 USC 458ddd-
        1, 458ddd-2.>> redesignating sections 501, 502, and 503 (25 
        U.S.C. 458bbb, 458bbb-1, 458bbb-2) as sections 801, 802, and 
        803, respectively; and
            (3) in subsection (a)(2) of section 802 and paragraph (2) of 
        section 803 (as redesignated by paragraph (2)), by striking 
        ``section 501'' and inserting ``section 801''.

    (e) Acceptance and Assistance.--Section 5 of the Indian Law 
Enforcement Reform Act (25 U.S.C. 2804) is amended by adding at the end 
the following:
    ``(g) Acceptance of Assistance.--The Bureau may accept 
reimbursement, resources, assistance, or funding from--
            ``(1) a Federal, tribal, State, or other government agency; 
        or
            ``(2) the Indian Law Enforcement Foundation established 
        under section 701(a) of the Indian Self-Determination and 
        Education Assistance Act.''.
SEC. 232. DRUG ENFORCEMENT IN INDIAN COUNTRY.

    (a) Education and Research Programs.--Section 502 of the Controlled 
Substances Act (21 U.S.C. 872) is amended in subsections (a)(1) and (c), 
by inserting `` tribal,'' after ``State,'' each place it appears.
    (b) Public-private Education Program.--Section 503 of the 
Comprehensive Methamphetamine Control Act of 1996 (21 U.S.C. 872a) is 
amended--
            (1) in subsection (a), by inserting ``tribal,'' after 
        ``State,''; and
            (2) in subsection (b)(2), by inserting ``, tribal,'' after 
        ``State''.

    (c) Cooperative Arrangements.--Section 503 of the Controlled 
Substances Act (21 U.S.C. 873) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``tribal,'' after ``State,'' each 
                place it appears; and
                    (B) in paragraphs (6) and (7), by inserting ``, 
                tribal,'' after ``State'' each place it appears; and
            (2) in subsection (d)(1), by inserting ``, tribal,'' after 
        ``State''.

    (d) Powers of Enforcement Personnel.--Section 508(a) of the 
Controlled Substances Act (21 U.S.C. 878(a)) is amended in

[[Page 124 STAT. 2279]]

the matter preceding paragraph (1) by inserting ``, tribal,'' after 
``State''.
    (e) Effect <<NOTE: 21 USC 872 note.>> of Grants.--Nothing in this 
section or any amendment made by this section--
            (1) allows the grant to be made to, or used by, an entity 
        for law enforcement activities that the entity lacks 
        jurisdiction to perform; or
            (2) has any effect other than to authorize, award, or deny a 
        grant of funds to a federally recognized Indian tribe for the 
        purposes described in the relevant grant program.
SEC. 233. ACCESS TO NATIONAL CRIMINAL INFORMATION DATABASES.

    (a) Access to National Criminal Information Databases.--Section 534 
of title 28, United States Code, is amended--
            (1) in subsection (a)(4), by inserting ``Indian tribes,'' 
        after ``the States,'';
            (2) by striking subsection (d) and inserting the following:

    ``(d) Indian Law Enforcement Agencies.--The Attorney General shall 
permit tribal and Bureau of Indian Affairs law enforcement agencies--
            ``(1) to access and enter information into Federal criminal 
        information databases; and
            ``(2) to obtain information from the databases.'';
            (3) by redesignating the second subsection (e) as subsection 
        (f); and
            (4) in paragraph (2) of subsection (f) (as redesignated by 
        paragraph (3)), in the matter preceding subparagraph (A), by 
        inserting ``, tribal,'' after ``Federal''.

    (b) <<NOTE: 28 USC 534 note.>>  Requirement.--
            (1) In general.--The Attorney General shall ensure that 
        tribal law enforcement officials that meet applicable Federal or 
        State requirements be permitted access to national crime 
        information databases.
            (2) Sanctions.--For purpose of sanctions for noncompliance 
        with requirements of, or misuse of, national crime information 
        databases and information obtained from those databases, a 
        tribal law enforcement agency or official shall be treated as 
        Federal law enforcement agency or official.
            (3) NCIC.--Each tribal justice official serving an Indian 
        tribe with criminal jurisdiction over Indian country shall be 
        considered to be an authorized law enforcement official for 
        purposes of access to the National Crime Information Center of 
        the Federal Bureau of Investigation.
SEC. 234. TRIBAL COURT SENTENCING AUTHORITY.

    (a) Individual Rights.--Section 202 of the Indian Civil Rights Act 
of 1968 (25 U.S.C. 1302), is amended--
            (1) in the matter preceding paragraph (1), by striking ``No 
        Indian tribe'' and inserting the following:

    ``(a) In General.--No Indian tribe'';
            (2) in subsection (a) (as designated by paragraph (1))--
                    (A) in paragraph (6) by inserting ``(except as 
                provided in subsection (b)) after ``assistance of 
                counsel for his defense''; and
                    (B) by striking paragraph (7) and inserting the 
                following:
            ``(7)(A) require excessive bail, impose excessive fines, or 
        inflict cruel and unusual punishments;

[[Page 124 STAT. 2280]]

            ``(B) except as provided in subparagraph (C), impose for 
        conviction of any 1 offense any penalty or punishment greater 
        than imprisonment for a term of 1 year or a fine of $5,000, or 
        both;
            ``(C) subject to subsection (b), impose for conviction of 
        any 1 offense any penalty or punishment greater than 
        imprisonment for a term of 3 years or a fine of $15,000, or 
        both; or
            ``(D) impose on a person in a criminal proceeding a total 
        penalty or punishment greater than imprisonment for a term of 9 
        years;''; and
            (3) by adding at the end the following:

    ``(b) Offenses Subject to Greater Than 1-year Imprisonment or a Fine 
Greater Than $5,000.--A tribal court may subject a defendant to a term 
of imprisonment greater than 1 year but not to exceed 3 years for any 1 
offense, or a fine greater than $5,000 but not to exceed $15,000, or 
both, if the defendant is a person accused of a criminal offense who--
            ``(1) has been previously convicted of the same or a 
        comparable offense by any jurisdiction in the United States; or
            ``(2) is being prosecuted for an offense comparable to an 
        offense that would be punishable by more than 1 year of 
        imprisonment if prosecuted by the United States or any of the 
        States.

    ``(c) Rights of Defendants.--In a criminal proceeding in which an 
Indian tribe, in exercising powers of self-government, imposes a total 
term of imprisonment of more than 1 year on a defendant, the Indian 
tribe shall--
            ``(1) provide to the defendant the right to effective 
        assistance of counsel at least equal to that guaranteed by the 
        United States Constitution; and
            ``(2) at the expense of the tribal government, provide an 
        indigent defendant the assistance of a defense attorney licensed 
        to practice law by any jurisdiction in the United States that 
        applies appropriate professional licensing standards and 
        effectively ensures the competence and professional 
        responsibility of its licensed attorneys;
            ``(3) require that the judge presiding over the criminal 
        proceeding--
                    ``(A) has sufficient legal training to preside over 
                criminal proceedings; and
                    ``(B) is licensed to practice law by any 
                jurisdiction in the United States;
            ``(4) prior to charging the defendant, make publicly 
        available the criminal laws (including regulations and 
        interpretative documents), rules of evidence, and rules of 
        criminal procedure (including rules governing the recusal of 
        judges in appropriate circumstances) of the tribal government; 
        and
            ``(5) maintain a record of the criminal proceeding, 
        including an audio or other recording of the trial proceeding.

    ``(d) Sentences.--In the case of a defendant sentenced in accordance 
with subsections (b) and (c), a tribal court may require the defendant--
            ``(1) to serve the sentence--
                    ``(A) <<NOTE: Guidelines. Deadline.>> 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

[[Page 124 STAT. 2281]]

                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 <<NOTE: 25 USC 1302 note.>> of Prisons Tribal Prisoner 
Pilot Program.--
            (1) In general.--Not <<NOTE: Deadline.>> later than 120 days 
        after the date of enactment of this title, the Director of the 
        Bureau of Prisons shall establish a pilot program under which 
        the Bureau of Prisons shall accept offenders convicted in tribal 
        court pursuant to section 202 of the Indian Civil Rights Act of 
        1968 (25 U.S.C. 1302) (as amended by this section), subject to 
        the conditions described in paragraph (2).
            (2) Conditions.--
                    (A) In general.--As a condition of participation in 
                the pilot program described in paragraph (1), the tribal 
                court shall submit to the Attorney General a request for 
                confinement of the offender, for approval by the 
                Attorney General (or a designee) by not later than 30 
                days after the date of submission.
                    (B) Limitations.--Requests for confinement shall be 
                limited to offenders convicted of a violent crime 
                (comparable to the violent crimes described in section 
                1153(a) of title 18, United States Code) for which the 
                sentence includes a term of imprisonment of 2 or more 
                years.
                    (C) Custody conditions.--The imprisonment by the 
                Bureau of Prisons shall be subject to the conditions 
                described in section 5003 of title 18, United States 
                Code, regarding the custody of State offenders, except 
                that the offender shall be placed in the nearest 
                available and appropriate Federal facility, and 
                imprisoned at the expense of the United States.

[[Page 124 STAT. 2282]]

                    (D) Cap.--The Bureau of Prisons shall confine not 
                more than 100 tribal offenders at any time.
            (3) Rescinding requests.--
                    (A) In general.--The applicable tribal government 
                shall retain the authority to rescind the request for 
                confinement of a tribal offender by the Bureau of 
                Prisons under this paragraph at any time during the 
                sentence of the offender.
                    (B) Return to tribal custody.--On rescission of a 
                request under subparagraph (A), a tribal offender shall 
                be returned to tribal custody.
            (4) Reassessment.--If tribal court demand for participation 
        in this pilot program exceeds 100 tribal offenders, a 
        representative of the Bureau of Prisons shall notify Congress.
            (5) Report.--Not later than 3 years after the date of 
        establishment of the pilot program, the Attorney General shall 
        submit to Congress a report describing the status of the 
        program, including recommendations regarding the future of the 
        program, if any.
            (6) Termination.--Except as otherwise provided by an Act of 
        Congress, the pilot program under this paragraph shall expire on 
        the date that is 4 years after the date on which the program is 
        established.

    (d) Grants and Contracts.--Section 1007(b) of the Economic 
Opportunity Act of 1964 (42 U.S.C. 2996f(b)) is amended by striking 
paragraph (2) and inserting the following:
            ``(2) to provide legal assistance with respect to any 
        criminal proceeding, except to provide assistance to a person 
        charged with an offense in an Indian tribal court;''.
SEC. 235. INDIAN LAW AND ORDER COMMISSION.

    The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et seq.) (as 
amended by section 214(b)) is amended by adding at the end the 
following:
``SEC. 15. <<NOTE: 25 USC 2812.>> INDIAN LAW AND ORDER COMMISSION.

    ``(a) Establishment.--There is established a commission to be known 
as the Indian Law and Order Commission (referred to in this section as 
the `Commission').
    ``(b) Membership.--
            ``(1) In general.--The Commission shall be composed of 9 
        members, of whom--
                    ``(A) 3 shall be appointed by the President, in 
                consultation with--
                          ``(i) the Attorney General; and
                          ``(ii) the Secretary;
                    ``(B) 2 shall be appointed by the Majority Leader of 
                the Senate, in consultation with the Chairpersons of the 
                Committees on Indian Affairs and the Judiciary of the 
                Senate;
                    ``(C) 1 shall be appointed by the Minority Leader of 
                the Senate, in consultation with the Vice Chairperson 
                and Ranking Member of the Committees on Indian Affairs 
                and the Judiciary of the Senate;
                    ``(D) 2 shall be appointed by the Speaker of the 
                House of Representatives, in consultation with the 
                Chairpersons of the Committees on the Judiciary and 
                Natural Resources of the House of Representatives; and

[[Page 124 STAT. 2283]]

                    ``(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 <<NOTE: President.>> President, the Speaker and Minority 
        Leader of the House of Representatives, and the Majority Leader 
        and Minority Leader of the Senate shall consult before the 
        appointment of members of the Commission under paragraph (1) to 
        achieve, to the maximum extent practicable, fair and equitable 
        representation of various points of view with respect to the 
        matters to be studied by the Commission.
            ``(4) Term.--Each member shall be appointed for the life of 
        the Commission.
            ``(5) Time for initial appointments.--The appointment of the 
        members of the Commission shall be made not later than 60 days 
        after the date of enactment of this Act.
            ``(6) Vacancies.--A vacancy in the Commission shall be 
        filled--
                    ``(A) in the same manner in which the original 
                appointment was made; and
                    ``(B) not <<NOTE: Deadline.>> later than 60 days 
                after the date on which the vacancy occurred.

    ``(c) Operation.--
            ``(1) Chairperson.--Not <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> initial meeting shall take place 
                not later than 30 days after the date described in 
                paragraph (1).
            ``(3) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum, but a lesser number of members may 
        hold hearings.
            ``(4) Rules.--The Commission may establish, by majority 
        vote, any rules for the conduct of Commission business, in 
        accordance with this Act and other applicable law.

    ``(d) Comprehensive Study of Criminal Justice System Relating to 
Indian Country.--The Commission shall conduct a comprehensive study of 
law enforcement and criminal justice in tribal communities, including--
            ``(1) jurisdiction over crimes committed in Indian country 
        and the impact of that jurisdiction on--
                    ``(A) the investigation and prosecution of Indian 
                country crimes; and
                    ``(B) residents of Indian land;
            ``(2) the tribal jail and Federal prisons systems and the 
        effect of those systems with respect to--
                    ``(A) reducing Indian country crime; and

[[Page 124 STAT. 2284]]

                    ``(B) rehabilitation of offenders;
            ``(3)(A) tribal juvenile justice systems and the Federal 
        juvenile justice system as relating to Indian country; and
            ``(B) the effect of those systems and related programs in 
        preventing juvenile crime, rehabilitating Indian youth in 
        custody, and reducing recidivism among Indian youth;
            ``(4) the impact of the Indian Civil Rights Act of 1968 (25 
        U.S.C. 1301 et seq.) on--
                    ``(A) the authority of Indian tribes;
                    ``(B) the rights of defendants subject to tribal 
                government authority; and
                    ``(C) the fairness and effectiveness of tribal 
                criminal systems; and
            ``(5) studies of such other subjects as the Commission 
        determines relevant to achieve the purposes of the Tribal Law 
        and Order Act of 2010.

    ``(e) Recommendations.--Taking into consideration the results of the 
study under paragraph (1), the Commission shall develop recommendations 
on necessary modifications and improvements to justice systems at the 
tribal, Federal, and State levels, including consideration of--
            ``(1) simplifying jurisdiction in Indian country;
            ``(2) improving services and programs--
                    ``(A) to prevent juvenile crime on Indian land;
                    ``(B) to rehabilitate Indian youth in custody; and
                    ``(C) to reduce recidivism among Indian youth;
            ``(3) adjustments to the penal authority of tribal courts 
        and exploring alternatives to incarceration;
            ``(4) the enhanced use of chapter 43 of title 28, United 
        States Code (commonly known as `the Federal Magistrates Act') in 
        Indian country;
            ``(5) effective means of protecting the rights of victims 
        and defendants in tribal criminal justice systems (including 
        defendants incarcerated for a period of less than 1 year);
            ``(6) changes to the tribal jails and Federal prison 
        systems; and
            ``(7) other issues that, as determined by the Commission, 
        would reduce violent crime in Indian country.

    ``(f) Report.--Not later than 2 years after the date of enactment of 
this Act, the Commission shall submit to the President and Congress a 
report that contains--
            ``(1) a detailed statement of the findings and conclusions 
        of the Commission; and
            ``(2) the recommendations of the Commission for such 
        legislative and administrative actions as the Commission 
        considers to be appropriate.

    ``(g) Powers.--
            ``(1) Hearings.--
                    ``(A) In general.--The Commission may hold such 
                hearings, meet and act at such times and places, take 
                such testimony, and receive such evidence as the 
                Commission considers to be advisable to carry out the 
                duties of the Commission under this section.
                    ``(B) Public requirement.--The hearings of the 
                Commission under this paragraph shall be open to the 
                public.
            ``(2) Witness expenses.--

[[Page 124 STAT. 2285]]

                    ``(A) In general.--A witness requested to appear 
                before the Commission shall be paid the same fees and 
                allowances as are paid to witnesses under section 1821 
                of title 28, United States Code.
                    ``(B) Per diem and mileage.--The fees and allowances 
                for a witness shall be paid from funds made available to 
                the Commission.
            ``(3) Information from federal, tribal, and state 
        agencies.--
                    ``(A) In general.--The Commission may secure 
                directly from a Federal agency such information as the 
                Commission considers to be necessary to carry out this 
                section.
                    ``(B) Tribal and state agencies.--The Commission may 
                request the head of any tribal or State agency to 
                provide to the Commission such information as the 
                Commission considers to be necessary to carry out this 
                section.
            ``(4) Postal services.--The Commission may use the United 
        States mails in the same manner and under the same conditions as 
        other agencies of the Federal Government.
            ``(5) Gifts.--The Commission may accept, use, and dispose of 
        gifts or donations of services or property.

    ``(h) Commission Personnel Matters.--
            ``(1) Travel expenses.--A member of the Commission shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for an employee of an agency 
        under subchapter I of chapter 57 of title 5, United States Code, 
        while away from the home or regular place of business of the 
        member in the performance of the duties of the Commission.
            ``(2) Detail of federal employees.--On the affirmative vote 
        of \2/3\ of the members of the Commission and the approval of 
        the appropriate Federal agency head, an employee of the Federal 
        Government may be detailed to the Commission without 
        reimbursement, and such detail shall be without interruption or 
        loss of civil service status, benefits, or privileges.
            ``(3) Procurement of temporary and intermittent services.--
        On request of the Commission, the Attorney General shall provide 
        to the Commission, on a reimbursable basis, reasonable and 
        appropriate office space, supplies, and administrative 
        assistance.

    ``(i) Contracts for Research.--
            ``(1) Researchers and experts.--
                    ``(A) In general.--On an affirmative vote of \2/3\ 
                of the members of the Commission, the Commission may 
                select nongovernmental researchers and experts to assist 
                the Commission in carrying out the duties of the 
                Commission under this section.
                    ``(B) National institute of justice.--The National 
                Institute of Justice may enter into a contract with the 
                researchers and experts selected by the Commission under 
                subparagraph (A) to provide funding in exchange for the 
                services of the researchers and experts.
            ``(2) Other organizations.--Nothing in this subsection 
        limits the ability of the Commission to enter into contracts 
        with any other entity or organization to carry out research

[[Page 124 STAT. 2286]]

        necessary to carry out the duties of the Commission under this 
        section.

    ``(j) Tribal Advisory Committee.--
            ``(1) Establishment.--The Commission shall establish a 
        committee, to be known as the `Tribal Advisory Committee'.
            ``(2) Membership.--
                    ``(A) Composition.--The Tribal Advisory Committee 
                shall consist of 2 representatives of Indian tribes from 
                each region of the Bureau of Indian Affairs.
                    ``(B) Qualifications.--Each member of the Tribal 
                Advisory Committee shall have experience relating to--
                          ``(i) justice systems;
                          ``(ii) crime prevention; or
                          ``(iii) victim services.
            ``(3) Duties.--The Tribal Advisory Committee shall--
                    ``(A) serve as an advisory body to the Commission; 
                and
                    ``(B) provide to the Commission advice and 
                recommendations, submit materials, documents, testimony, 
                and such other information as the Commission determines 
                to be necessary to carry out the duties of the 
                Commission under this section.

    ``(k) Funding.--For the fiscal year after the date of enactment of 
the Tribal Law and Order Act of 2010, out of any unobligated amounts 
available to the Secretary of the Interior or the Attorney General, the 
Secretary or the Attorney General may use to carry out this section not 
more than $2,000,000.
    ``(l) Termination of Commission.--The Commission shall terminate 90 
days after the date on which the Commission submits the report of the 
Commission under subsection (f).
    ``(m) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Commission.''.
SEC. 236. EXEMPTION FOR TRIBAL DISPLAY MATERIALS.

    (a) In General.--Section 845(a) of title 18, United States Code is 
amended--
            (1) in paragraph (5), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting ``and''; and
            (3) by adding at the end the following:
            ``(7) the transportation, shipment, receipt, or importation 
        of display fireworks materials for delivery to a federally 
        recognized Indian tribe or tribal agency.''.

    (b) Definition of Indian Tribe.--Section 841 of title 18, United 
States Code is amended by adding at the end the following:
    ``(t) Indian Tribe.--The term `Indian tribe' has the meaning given 
the term in section 102 of the Federally Recognized Indian Tribe List 
Act of 1994 (25 U.S.C. 479a)).''.
    (c) Technical Amendments.--Section 845 of title 18, United States 
Code is amended--
            (1) in subsection (a), by striking ``subsections'' in the 
        first place it appears and inserting ``subsection''; and
            (2) in subsection (b), by striking ``Secretary'' each place 
        it appears and inserting ``Attorney General''.

[[Page 124 STAT. 2287]]

                   Subtitle D--Tribal Justice Systems

SEC. 241. INDIAN ALCOHOL AND SUBSTANCE ABUSE.

    (a) Correction of References.--
            (1) Inter-departmental memorandum of agreement.--Section 
        4205 of the Indian Alcohol and Substance Abuse Prevention and 
        Treatment Act of 1986 (25 U.S.C. 2411) is amended--
                    (A) in subsection (a)--
                          (i) in the matter preceding paragraph (1)--
                                    (I) by striking ``Not later than 120 
                                days after the date of enactment of this 
                                subtitle'' and 
                                inserting <<NOTE: Deadline.>>  ``Not 
                                later than 1 year after the date of 
                                enactment of the Tribal Law and Order 
                                Act of 2010''; and
                                    (II) by inserting ``, the Attorney 
                                General,'' after ``Secretary of the 
                                Interior'';
                          (ii) in paragraph (2)(A), by inserting ``, 
                      Office of Justice Programs, Substance Abuse and 
                      Mental Health Services Administration,'' after 
                      ``Bureau of Indian Affairs,'';
                          (iii) in paragraph (4), by inserting ``, 
                      Department of Justice, Substance Abuse and Mental 
                      Health Services Administration,'' after ``Bureau 
                      of Indian Affairs'';
                          (iv) in paragraph (5), by inserting ``, 
                      Department of Justice, Substance Abuse and Mental 
                      Health Services Administration,'' after ``Bureau 
                      of Indian Affairs'';
                          (v) in paragraph (7), by inserting ``, the 
                      Attorney General,'' after ``Secretary of the 
                      Interior'';
                    (B) in subsection (c), by inserting ``, the Attorney 
                General,'' after ``Secretary of the Interior''; and
                    (C) in subsection (d), by striking ``the date of 
                enactment of this subtitle'' and inserting ``the date of 
                enactment of the Tribal Law and Order Act of 2010''.
            (2) Tribal action plans.--Section 4206 of the Indian Alcohol 
        and Substance Abuse Prevention and Treatment Act of 1986 (25 
        U.S.C. 2412) is amended--
                    (A) in subsection (b), in the first sentence, by 
                inserting ``, the Office of Justice Programs, the 
                Substance Abuse and Mental Health Services 
                Administration,'' before ``and the Indian Health Service 
                service unit'';
                    (B) in subsection (c)(1)(A)(i), by inserting ``, the 
                Office of Justice Programs, the Substance Abuse and 
                Mental Health Services Administration,'' before ``and 
                the Indian Health Service service unit'';
                    (C) in subsection (d)(2), by striking ``fiscal year 
                1993 and such sums as are necessary for each of the 
                fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 
                2000'' and inserting ``the period of fiscal years 2011 
                through 2015'';
                    (D) in subsection (e), in the first sentence, by 
                inserting ``, the Attorney General,'' after ``the 
                Secretary of the Interior''; and
                    (E) in subsection (f)(3), by striking ``fiscal year 
                1993 and such sums as are necessary for each of the 
                fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 
                2000'' and inserting ``fiscal years 2011 through 2015''.

[[Page 124 STAT. 2288]]

            (3) Departmental responsibility.--Section 4207 of the Indian 
        Alcohol and Substance Abuse Prevention and Treatment Act of 1986 
        (25 U.S.C. 2413) is amended--
                    (A) in subsection (a), by inserting ``, the Attorney 
                General'' after ``Bureau of Indian Affairs'';
                    (B) in subsection (b)--
                          (i) by striking paragraph (1) and inserting 
                      the following:
            ``(1) Establishment.--
                    ``(A) In general.--To improve coordination among the 
                Federal agencies and departments carrying out this 
                subtitle, there is established within the Substance 
                Abuse and Mental Health Services Administration an 
                office, to be known as the `Office of Indian Alcohol and 
                Substance Abuse' (referred to in this section as the 
                `Office').
                    ``(B) Director.--The director of the Office shall be 
                appointed by the Administrator of the Substance Abuse 
                and Mental Health Services Administration--
                          ``(i) on a permanent basis; and
                          ``(ii) at a grade of not less than GS-15 of 
                      the General Schedule.'';
                          (ii) in paragraph (2)--
                                    (I) by striking ``(2) In addition'' 
                                and inserting the following:
            ``(2) Responsibilities of office.--In addition'';
                                    (II) by striking subparagraph (A) 
                                and inserting the following:
                    ``(A) coordinating with other agencies to monitor 
                the performance and compliance of the relevant Federal 
                programs in achieving the goals and purposes of this 
                subtitle and the Memorandum of Agreement entered into 
                under section 4205;'';
                                    (III) in subparagraph (B)--
                                            (aa) by striking ``within 
                                        the Bureau of Indian Affairs''; 
                                        and
                                            (bb) by striking the period 
                                        at the end and inserting ``; 
                                        and''; and
                                    (IV) by adding at the end the 
                                following:
                    ``(C) <<NOTE: Deadline.>> not later than 1 year 
                after the date of enactment of the Tribal Law and Order 
                Act of 2010, developing, in coordination and 
                consultation with tribal governments, a framework for 
                interagency and tribal coordination that--
                          ``(i) establish the goals and other desired 
                      outcomes of this Act;
                          ``(ii) prioritizes outcomes that are aligned 
                      with the purposes of affected agencies;
                          ``(iii) provides guidelines for resource and 
                      information sharing;
                          ``(iv) provides technical assistance to the 
                      affected agencies to establish effective and 
                      permanent interagency communication and 
                      coordination; and
                          ``(v) determines whether collaboration is 
                      feasible, cost-effective, and within agency 
                      capability.''; and
                          (iii) by striking paragraph (3) and inserting 
                      the following:

[[Page 124 STAT. 2289]]

            ``(3) Appointment of employees.--The Administrator of the 
        Substance Abuse and Mental Health Services Administration shall 
        appoint such employees to work in the Office, and shall provide 
        such funding, services, and equipment, as may be necessary to 
        enable the Office to carry out the responsibilities under this 
        subsection.''; and
                    (C) in subsection (c)--
                          (i) by striking ``of Alcohol and Substance 
                      Abuse'' each place it appears;
                          (ii) in paragraph (1), in the second sentence, 
                      by striking ``The Assistant Secretary of the 
                      Interior for Indian Affairs'' and inserting ``The 
                      Administrator of the Substance Abuse and Mental 
                      Health Services Administration''; and
                          (iii) in paragraph (3)--
                                    (I) in the matter preceding 
                                subparagraph (A), by striking ``Youth'' 
                                and inserting ``youth''; and
                                    (II) by striking ``programs of the 
                                Bureau of Indian Affairs'' and inserting 
                                ``the applicable Federal programs''.
            (4) Review of programs.--Section 4208a(a) of the Indian 
        Alcohol and Substance Abuse Prevention and Treatment Act of 1986 
        (25 U.S.C. 2414a(a)) is amended in the matter preceding 
        paragraph (1) by inserting ``, the Attorney General,'' after 
        ``the Secretary of the Interior''.
            (5) Federal facilities, property, and equipment.--Section 
        4209 of the Indian Alcohol and Substance Abuse Prevention and 
        Treatment Act of 1986 (25 U.S.C. 2415) is amended--
                    (A) in subsection (a), by inserting ``, the Attorney 
                General,'' after ``the Secretary of the Interior'';
                    (B) in subsection (b)--
                          (i) in the first sentence, by inserting ``, 
                      the Attorney General,'' after ``the Secretary of 
                      the Interior'';
                          (ii) in the second sentence, by inserting ``, 
                      nor the Attorney General,'' after ``the Secretary 
                      of the Interior''; and
                          (iii) in the third sentence, by inserting ``, 
                      the Department of Justice,'' after ``the 
                      Department of the Interior''; and
                    (C) in subsection (c)(1), by inserting ``, the 
                Attorney General,'' after ``the Secretary of the 
                Interior''.
            (6) Review.--Section 4211(a) of the Indian Alcohol and 
        Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 
        2431(a)) is amended in the matter preceding paragraph (1) by 
        inserting ``, the Attorney General,'' after ``the Secretary of 
        the Interior''.

    (b) Indian Education Programs.--Section 4212 of the Indian Alcohol 
and Substance Abuse Prevention Act of 1986 (25 U.S.C. 2432) is amended 
by striking subsection (a) and inserting the following:
    ``(a) Summer Youth Programs.--
            ``(1) In general.--The head of the Indian Alcohol and 
        Substance Abuse Program, in coordination with the Assistant 
        Secretary for Indian Affairs, shall develop and implement 
        programs in tribal schools and schools funded by the Bureau of 
        Indian Education (subject to the approval of the local school 
        board or contract school board) to determine the effectiveness

[[Page 124 STAT. 2290]]

        of summer youth programs in advancing the purposes and goals of 
        this Act.
            ``(2) Costs.--The head of the Indian Alcohol and Substance 
        Abuse Program and the Assistant Secretary shall defray all costs 
        associated with the actual operation and support of the summer 
        youth programs in a school from funds appropriated to carry out 
        this subsection.
            ``(3) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out the programs under this 
        subsection $5,000,000 for each of fiscal years 2011 through 
        2015.''.

    (c) Emergency Shelters.--Section 4213(e) of the Indian Alcohol and 
Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2433(e)) 
is amended--
            (1) in paragraph (1), by striking ``fiscal year 1993 and 
        such sums as may be necessary for each of the fiscal years 1994, 
        1995, 1996, 1997, 1998, 1999, and 2000.'' and inserting ``each 
        of fiscal years 2011 through 2015.'';
            (2) in paragraph (2), by striking ``each of the fiscal years 
        1994, 1995, 1996, 1997, 1998, 1999, and 2000.'' and inserting 
        ``each of fiscal years 2011 through 2015.''; and
            (3) by indenting paragraphs (4) and (5) appropriately.

    (d) Review of Programs.--Section 4215(a) of the Indian Alcohol and 
Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2441(a)) 
is amended by inserting ``, the Attorney General,'' after ``the 
Secretary of the Interior''.
    (e) Illegal Narcotics Trafficking; Source Eradication.--Section 4216 
of the Indian Alcohol and Substance Abuse Prevention and Treatment Act 
of 1986 (25 U.S.C. 2442) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                          (i) in subparagraph (A), by striking the comma 
                      at the end and inserting a semicolon;
                          (ii) in subparagraph (B), by striking ``, 
                      and'' at the end and inserting a semicolon;
                          (iii) in subparagraph (C), by striking the 
                      period at the end and inserting ``; and''; and
                          (iv) by adding at the end the following:
                    ``(D) the Blackfeet Nation of Montana for the 
                investigation and control of illegal narcotics traffic 
                on the Blackfeet Indian Reservation along the border 
                with Canada.'';
                    (B) in paragraph (2), by striking ``United States 
                Custom Service'' and inserting ``United States Customs 
                and Border Protection, the Bureau of Immigration and 
                Customs Enforcement, and the Drug Enforcement 
                Administration''; and
                    (C) by striking paragraph (3) and inserting the 
                following:
            ``(3) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $2,000,000 for 
        each of fiscal years 2011 through 2015.''; and
            (2) in subsection (b)(2), by striking ``for the fiscal year 
        1993 and such sums as may be necessary for each of the fiscal 
        years 1994, 1995, 1996, 1997, 1998, 1999, and 2000'' and ``for 
        each of fiscal years 2011 through 2015.''.

[[Page 124 STAT. 2291]]

    (f) Law Enforcement and Judicial Training.--Section 4218 of the 
Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 
(25 U.S.C. 2451) is amended--
            (1) by striking subsection (a) and inserting the following:

    ``(a) Training Programs.--
            ``(1) In general.--The Secretary of the Interior, in 
        coordination with the Attorney General, the Administrator of the 
        Drug Enforcement Administration, and the Director of the Federal 
        Bureau of Investigation, shall ensure, through the establishment 
        of a new training program or by supplementing existing training 
        programs, that all Bureau of Indian Affairs and tribal law 
        enforcement and judicial personnel have access to training 
        regarding--
                    ``(A) the investigation and prosecution of offenses 
                relating to illegal narcotics; and
                    ``(B) alcohol and substance abuse prevention and 
                treatment.
            ``(2) Youth-related training.--Any training provided to 
        Bureau of Indian Affairs or tribal law enforcement or judicial 
        personnel under paragraph (1) shall include training in issues 
        relating to youth alcohol and substance abuse prevention and 
        treatment.''; and
            (2) in subsection (b), by striking ``as may be necessary'' 
        and all that follows through the end of the subsection and 
        inserting ``as are necessary for each of fiscal years 2011 
        through 2015.''.

    (g) Juvenile Detention Centers.--Section 4220 of the Indian Alcohol 
and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 
2453) is amended--
            (1) in subsection (a)--
                    (A) by striking ``The Secretary'' the first place it 
                appears and inserting the following:
            ``(1) In general.--The Secretary'';
                    (B) in the second sentence, by striking ``The 
                Secretary shall'' and inserting the following:
            ``(2) Construction and operation.--The Secretary shall''; 
        and
                    (C) by adding at the end the following:
            ``(3) Development of plan.--
                    ``(A) In general.--Not <<NOTE: Deadline.>> later 
                than 1 year after the date of enactment of this 
                paragraph, the Secretary and the Attorney General, in 
                consultation with tribal leaders and tribal justice 
                officials, shall develop a long-term plan for the 
                construction, renovation, and operation of Indian 
                juvenile detention and treatment centers and 
                alternatives to detention for juvenile offenders.
                    ``(B) Coordination.--The plan under subparagraph (A) 
                shall require the Bureau of Indian Education and the 
                Indian Health Service to coordinate with tribal and 
                Bureau of Indian Affairs juvenile detention centers to 
                provide services to those centers.''; and
            (2) in paragraphs (1) and (2) of subsection (b)--
                    (A) by striking ``for fiscal year 1993 and such sums 
                as may be necessary for each of the fiscal years 1994, 
                1995, 1996, 1997, 1998, 1999, and 2000'' each place it 
                appears and inserting ``for each of fiscal years 2011 
                through 2015''; and

[[Page 124 STAT. 2292]]

                    (B) by indenting paragraph (2) appropriately.
SEC. 242. INDIAN TRIBAL JUSTICE; TECHNICAL AND LEGAL ASSISTANCE.

    (a) Indian Tribal Justice.--
            (1) Base support funding.--Section 103(b) of the Indian 
        Tribal Justice Act (25 U.S.C. 3613(b)) is amended by striking 
        paragraph (2) and inserting the following:
            ``(2) the employment of tribal court personnel, including 
        tribal court judges, prosecutors, public defenders, appointed 
        defense counsel, guardians ad litem, and court-appointed special 
        advocates for children and juveniles;''.
            (2) Tribal justice systems.--Section 201 of the Indian 
        Tribal Justice Act (25 U.S.C. 3621) is amended--
                    (A) in subsection (a)--
                          (i) by striking ``the provisions of sections 
                      101 and 102 of this Act'' and inserting ``sections 
                      101 and 102''; and
                          (ii) by striking ``the fiscal years 2000 
                      through 2007'' and inserting ``fiscal years 2011 
                      through 2015'';
                    (B) in subsection (b)--
                          (i) by striking ``the provisions of section 
                      103 of this Act'' and inserting ``section 103''; 
                      and
                          (ii) by striking ``the fiscal years 2000 
                      through 2007'' and inserting ``fiscal years 2011 
                      through 2015'';
                    (C) in subsection (c), by striking ``the fiscal 
                years 2000 through 2007'' and inserting ``fiscal years 
                2011 through 2015''; and
                    (D) in subsection (d), by striking ``the fiscal 
                years 2000 through 2007'' and inserting ``fiscal years 
                2011 through 2015''.

    (b) Technical and Legal Assistance.--
            (1) Tribal civil legal assistance grants.--Section 102 of 
        the Indian Tribal Justice Technical and Legal Assistance Act of 
        2000 (25 U.S.C. 3662) is amended by inserting ``(including 
        guardians ad litem and court-appointed special advocates for 
        children and juveniles)'' after ``civil legal assistance''.
            (2) Tribal criminal legal assistance grants.--Section 103 of 
        the Indian Tribal Justice Technical and Legal Assistance Act of 
        2000 (25 U.S.C. 3663) is amended by striking ``criminal legal 
        assistance to members of Indian tribes and tribal justice 
        systems'' and inserting ``defense counsel services to all 
        defendants in tribal court criminal proceedings and prosecution 
        and judicial services for tribal courts''.
            (3) Funding.--The Indian Tribal Justice Technical and Legal 
        Assistance Act of 2000 is amended--
                    (A) <<NOTE: 25 USC 3666.>> in section 107 (as 
                redesignated by section 214(a)(2)(A)), by striking 
                ``2000 through 2004'' and inserting ``2011 through 
                2015''; and
                    (B) in section 201(d) (25 U.S.C. 3681(d)), by 
                striking ``2000 through 2004'' and inserting ``2011 
                through 2015''.
SEC. 243. TRIBAL RESOURCES GRANT PROGRAM.

    Section 1701 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3796dd) is amended--
            (1) in subsection (b)--

[[Page 124 STAT. 2293]]

                    (A) in each of paragraphs (1) through (4) and (6) 
                through (17), by inserting ``to'' after the paragraph 
                designation;
                    (B) in paragraph (1), by striking ``State and'' and 
                inserting ``State, tribal, or'';
                    (C) in paragraphs (9) and (10), by inserting ``, 
                tribal,'' after ``State'' each place it appears;
                    (D) in paragraph (15)--
                          (i) by striking ``a State in'' and inserting 
                      ``a State or Indian tribe in'';
                          (ii) by striking ``the State which'' and 
                      inserting ``the State or tribal community that''; 
                      and
                          (iii) by striking ``a State or'' and inserting 
                      ``a State, tribal, or'';
                    (E) in paragraph (16), by striking ``and'' at the 
                end
                    (F) in paragraph (17), by striking the period at the 
                end and inserting ``; and'';
                    (G) by redesignating paragraphs (6) through (17) as 
                paragraphs (5) through (16), respectively; and
                    (H) by adding at the end the following:
            ``(17) to permit tribal governments receiving direct law 
        enforcement services from the Bureau of Indian Affairs to access 
        the program under this section for use in accordance with 
        paragraphs (1) through (16).''.
            (2) in subsection (i), by striking ``The authority'' and 
        inserting ``Except as provided in subsection (j), the 
        authority''; and
            (3) by adding at the end the following:

    ``(j) Grants to Indian Tribes.--
            ``(1) In general.--Notwithstanding subsection (i) and 
        section 1703, and in acknowledgment of the Federal nexus and 
        distinct Federal responsibility to address and prevent crime in 
        Indian country, the Attorney General shall provide grants under 
        this section to Indian tribal governments, for fiscal year 2011 
        and any fiscal year thereafter, for such period as the Attorney 
        General determines to be appropriate to assist the Indian tribal 
        governments in carrying out the purposes described in subsection 
        (b).
            ``(2) Priority of funding.--In providing grants to Indian 
        tribal governments under this subsection, the Attorney General 
        shall take into consideration reservation crime rates and tribal 
        law enforcement staffing needs of each Indian tribal government.
            ``(3) Federal share.--Because of the Federal nature and 
        responsibility for providing public safety on Indian land, the 
        Federal share of the cost of any activity carried out using a 
        grant under this subsection--
                    ``(A) shall be 100 percent; and
                    ``(B) may be used to cover indirect costs.
            ``(4) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $40,000,000 for 
        each of fiscal years 2011 through 2015.

    ``(k) Report.--Not later than 180 days after the date of enactment 
of this subsection, the Attorney General shall submit to Congress a 
report describing the extent and effectiveness of the Community Oriented 
Policing (COPS) initiative as applied in Indian country, including 
particular references to--

[[Page 124 STAT. 2294]]

            ``(1) the problem of intermittent funding;
            ``(2) the integration of COPS personnel with existing law 
        enforcement authorities; and
            ``(3) an explanation of how the practice of community 
        policing and the broken windows theory can most effectively be 
        applied in remote tribal locations.''.
SEC. 244. TRIBAL JAILS PROGRAM.

    (a) In General.--Section 20109 of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 13709) is amended by striking 
subsection (a) and inserting the following:
    ``(a) Reservation of Funds.--Notwithstanding any other provision of 
this part, of amounts made available to the Attorney General to carry 
out programs relating to offender incarceration, the Attorney General 
shall reserve $35,000,000 for each of fiscal years 2011 through 2015 to 
carry out this section.''.
    (b) Regional Detention Centers.--
            (1) In general.--Section 20109 of the Violent Crime Control 
        and Law Enforcement Act of 1994 (42 U.S.C. 13709) is amended by 
        striking subsection (b) and inserting the following:

    ``(b) Grants to Indian Tribes.--
            ``(1) In general.--From the amounts reserved under 
        subsection (a), the Attorney General shall provide grants--
                    ``(A) to Indian tribes for purposes of--
                          ``(i) construction and maintenance of jails on 
                      Indian land for the incarceration of offenders 
                      subject to tribal jurisdiction;
                          ``(ii) entering into contracts with private 
                      entities to increase the efficiency of the 
                      construction of tribal jails; and
                          ``(iii) developing and implementing 
                      alternatives to incarceration in tribal jails;
                    ``(B) to Indian tribes for the construction of 
                tribal justice centers that combine tribal police, 
                courts, and corrections services to address violations 
                of tribal civil and criminal laws;
                    ``(C) to consortia of Indian tribes for purposes of 
                constructing and operating regional detention centers on 
                Indian land for long-term incarceration of offenders 
                subject to tribal jurisdiction, as the applicable 
                consortium determines to be appropriate.
            ``(2) Priority of funding.--in providing grants under this 
        subsection, the Attorney General shall take into consideration 
        applicable--
                    ``(A) reservation crime rates;
                    ``(B) annual tribal court convictions; and
                    ``(C) bed space needs.
            ``(3) Federal share.--Because of the Federal nature and 
        responsibility for providing public safety on Indian land, the 
        Federal share of the cost of any activity carried out using a 
        grant under this subsection shall be 100 percent.''.
            (2) Conforming amendment.--Section 20109(c) of the Violent 
        Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
        13709(c)) is amended by inserting ``or consortium of Indian 
        tribes, as applicable,'' after ``Indian tribe''.

[[Page 124 STAT. 2295]]

            (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 <<NOTE: Deadline.>> later than 1 year 
after the date of enactment of this subsection, the Attorney General, in 
coordination with the Bureau of Indian Affairs and in consultation with 
tribal leaders, tribal law enforcement officers, and tribal corrections 
officials, shall submit to Congress a long-term plan to address 
incarceration in Indian country, including--
            ``(1) a description of proposed activities for--
                    ``(A) construction, operation, and maintenance of 
                juvenile (in accordance with section 4220(a)(3) of the 
                Indian Alcohol and Substance Abuse Prevention and 
                Treatment Act of 1986 (25 U.S.C. 2453(a)(3)) and adult 
                detention facilities (including regional facilities) in 
                Indian country;
                    ``(B) contracting with State and local detention 
                centers, on approval of the affected tribal governments; 
                and
                    ``(C) alternatives to incarceration, developed in 
                cooperation with tribal court systems;
            ``(2) an assessment and consideration of the construction of 
        Federal detention facilities in Indian country; and
            ``(3) any other alternatives as the Attorney General, in 
        coordination with the Bureau of Indian Affairs and in 
        consultation with Indian tribes, determines to be necessary.''.
SEC. 245. TRIBAL PROBATION OFFICE LIAISON PROGRAM.

    Title II of the Indian Tribal Justice Technical and Legal Assistance 
Act of 2000 (25 U.S.C. 3681 et seq.) is amended by adding at the end the 
following:
``SEC. 203. <<NOTE: 25 USC 3682.>> ASSISTANT PROBATION OFFICERS.

    ``To the maximum extent practicable, the chief judge or chief 
probation or pretrial services officer of each judicial district, in 
coordination with the Office of Tribal Justice and the Office of Justice 
Services, shall--
            ``(1) appoint individuals residing in Indian country to 
        serve as probation or pretrial services officers or assistants 
        for purposes of monitoring and providing services to Federal 
        prisoners residing in Indian country; and
            ``(2) provide substance abuse, mental health, and other 
        related treatment services to offenders residing on Indian 
        land.''.
SEC. 246. TRIBAL YOUTH PROGRAM.

    (a) Incentive Grants for Local Delinquency Prevention Programs.--
Section 504 of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5783) is amended--
            (1) in subsection (a), by inserting ``, or to federally 
        recognized Indian tribe or consortia of federally recognized 
        Indian tribes under subsection (d)'' after ``subsection (b)''; 
        and
            (2) by adding at the end the following:

    ``(d) Grants for Tribal Delinquency Prevention and Response 
Programs.--
            ``(1) In general.--The Administrator shall make grants under 
        this section, on a competitive basis, to eligible Indian tribes 
        or consortia of Indian tribes, as described in paragraph (2)--
                    ``(A) to support and enhance--

[[Page 124 STAT. 2296]]

                          ``(i) tribal juvenile delinquency prevention 
                      services; and
                          ``(ii) the ability of Indian tribes to respond 
                      to, and care for, juvenile offenders; and
                    ``(B) to encourage accountability of Indian tribal 
                governments with respect to preventing juvenile 
                delinquency and responding to, and caring for, juvenile 
                offenders.
            ``(2) Eligible indian tribes.--To be eligible to receive a 
        grant under this subsection, an Indian tribe or consortium of 
        Indian tribes shall submit to the Administrator an application 
        in such form and containing such information as the 
        Administrator may require.
            ``(3) Considerations.--In providing grants under this 
        subsection, the Administrator shall take into consideration, 
        with respect to the Indian tribe to be served, the--
                    ``(A) juvenile crime rates;
                    ``(B) dropout rates; and
                    ``(C) number of at-risk youth.
            ``(4) Authorization of appropriations.--There is authorized 
        to be appropriated $25,000,000 for each of fiscal years 2011 
        through 2015.''.

    (b) Coordinating Council on Juvenile Justice and Delinquency 
Prevention.--Section 206(a)(2) of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5616(a)(2)) is amended--
            (1) in subparagraph (A), by striking ``Nine'' and inserting 
        ``Ten''; and
            (2) in subparagraph (B), by adding at the end the following:
                          ``(iv) One member shall be appointed by the 
                      Chairman of the Committee on Indian Affairs of the 
                      Senate, in consultation with the Vice Chairman of 
                      that Committee and the Chairman and Ranking Member 
                      of the Committee on Natural Resources of the House 
                      of Representatives.''.
SEC. 247. IMPROVING PUBLIC SAFETY PRESENCE IN RURAL ALASKA.

    (a) <<NOTE: 42 USC 3796dd note.>>  Definitions.--In this section:
            (1) State.--
                    (A) In general.--The term ``State'' means the State 
                of Alaska.
                    (B) Inclusion.--The term ``State'' includes any 
                political subdivision of the State of Alaska.
            (2) Village public safety officer.--The term ``village 
        public safety officer'' means an individual employed as a 
        village public safety officer under the program established by 
        the State pursuant to Alaska Statute 18.65.670.
            (3) Tribal organization.--The term ``tribal organization'' 
        has the meaning given that term in section 4 of the Indian Self-
        Determination and Educational Assistance Act (25 U.S.C. 
        450b(l)).

    (b) <<NOTE: 42 USC 3796dd note.>>  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

[[Page 124 STAT. 2297]]

under subsection (j) of that section) on an equal basis with other 
eligible applicants for funding under that section.

    (c) <<NOTE: 42 USC 3796dd note.>>  Staffing for Adequate Fire and 
Emergency Response Grants.--The State and any Indian tribe or tribal 
organization in the State that employs a village public safety officer 
shall be eligible to apply for a grant under the Staffing for Adequate 
Fire and Emergency Response program under section 34 of the Federal Fire 
Prevention and Control Act of 1974 (15 U.S.C. 2229a) on an equal basis 
with other eligible applicants for funding under that program.

    (d) <<NOTE: 42 USC 3796dd note.>>  Training for Village Public 
Safety Officers and Tribal Law Enforcement Positions Funded Under COPS 
Program.--
            (1) In general.--Any village public safety officer or tribal 
        law enforcement officer in the State shall be eligible to 
        participate in any training program offered at the Indian Police 
        Academy of the Federal Law Enforcement Training Center.
            (2) Funding.--Funding received pursuant to grants approved 
        under section 1701 of the Omnibus Crime Control and Safe Streets 
        Act of 1968 (42 U.S.C. 3796dd) may be used for training of 
        officers at programs described in paragraph (1) or at a police 
        academy in the State certified by the Alaska Police Standards 
        Council.

    (e) Funds for Courts of Law Enforcement Officers.--Section 112(a) of 
the Consolidated Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 
62) is amended--
            (1) <<NOTE: 25 USC 3651 note.>> by striking paragraph (1);
            (2) by redesignating subparagraphs (A) and (B) of paragraph 
        (2) as paragraphs (1) and (2), respectively, and indenting 
        appropriately; and
            (3) by redesignating clauses (i) through (iv) of paragraph 
        (2) (as so redesignated) as subparagraphs (A) through (D), 
        respectively, and indenting appropriately.

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

SEC. 251. TRACKING OF CRIMES COMMITTED IN INDIAN COUNTRY.

    (a) Gang Violence.--Section 1107 of the Violence Against Women and 
Department of Justice Reauthorization Act of 2005 (28 U.S.C. 534 note; 
Public Law 109-162) is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (8) through (12) as 
                paragraphs (9) through (13), respectively;
                    (B) by inserting after paragraph (7) the following:
            ``(8) the Office of Justice Services of the Bureau of Indian 
        Affairs;'';
                    (C) in paragraph (9) (as redesignated by 
                subparagraph (A)), by striking ``State'' and inserting 
                ``tribal, State,''; and
                    (D) in paragraphs (10) through (12) (as redesignated 
                by subparagraph (A)), by inserting ``tribal,'' before 
                ``State,'' each place it appears; and
            (2) in subsection (b), by inserting ``tribal,'' before 
        ``State,'' each place it appears.

    (b) Bureau of Justice Statistics.--Section 302 of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3732) is amended--

[[Page 124 STAT. 2298]]

            (1) in subsection (c)--
                    (A) in each of paragraphs (3) through (6), by 
                inserting ``tribal,'' after ``State,'' each place it 
                appears;
                    (B) in paragraph (7), by inserting ``and in Indian 
                country'' after ``States'';
                    (C) in paragraph (9), by striking ``Federal and 
                State Governments'' and inserting ``Federal Government 
                and State and tribal governments'';
                    (D) in each of paragraphs (10) and (11), by 
                inserting ``, tribal,'' after ``State'' each place it 
                appears;
                    (E) in paragraph (13), by inserting ``, Indian 
                tribes,'' after ``States'';
                    (F) in paragraph (17)--
                          (i) by striking ``State and local'' and 
                      inserting ``State, tribal, and local''; and
                          (ii) by striking ``State, and local'' and 
                      inserting ``State, tribal, and local'';
                    (G) in paragraph (18), by striking ``State and 
                local'' and inserting ``State, tribal, and local'';
                    (H) in paragraph (19), by inserting ``and tribal'' 
                after ``State'' each place it appears;
                    (I) in paragraph (20), by inserting ``, tribal,'' 
                after ``State''; and
                    (J) in paragraph (22), by inserting ``, tribal,'' 
                after ``Federal'';
            (2) in subsection (d)--
                    (A) by redesignating paragraphs (1) through (6) as 
                subparagraphs (A) through (F), respectively, and 
                indenting the subparagraphs appropriately;
                    (B) by striking ``To insure'' and inserting the 
                following:
            ``(1) In general.--To ensure''; and
                    (C) by adding at the end the following:
            ``(2) Consultation with indian tribes.--The Director, acting 
        jointly with the Assistant Secretary for Indian Affairs (acting 
        through the Office of Justice Services) and the Director of the 
        Federal Bureau of Investigation, shall work with Indian tribes 
        and tribal law enforcement agencies to establish and implement 
        such tribal data collection systems as the Director determines 
        to be necessary to achieve the purposes of this section.'';
            (3) in subsection (e), by striking ``subsection (d)(3)'' and 
        inserting ``subsection (d)(1)(C)'';
            (4) in subsection (f)--
                    (A) in the subsection heading, by inserting ``, 
                Tribal,'' after ``State''; and
                    (B) by inserting ``, tribal,'' after ``State''; and
            (5) by adding at the end the following:

    ``(g) Reports.--Not later than 1 year after the date of enactment of 
this subsection, and annually thereafter, the Director shall submit to 
Congress a report describing the data collected and analyzed under this 
section relating to crimes in Indian country.''.
    (c) Effect of Grants.--Nothing in this section or any amendment made 
by this section--
            (1) <<NOTE: 42 USC 3732 note.>> allows the grant to be made 
        to, or used by, an entity for law enforcement activities that 
        the entity lacks jurisdiction to perform; or

[[Page 124 STAT. 2299]]

            (2) has any effect other than to authorize, award, or deny a 
        grant of funds to a federally recognized Indian tribe for the 
        purposes described in the relevant grant program.
SEC. 252. CRIMINAL HISTORY RECORD IMPROVEMENT PROGRAM.

    (a) In General.--Section 1301(a) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796h(a)) is amended by inserting 
``, tribal,'' after ``State''.
    (b) Effect <<NOTE: 42 USC 3796h note.>> of Grants.--Nothing in this 
section or any amendment made by this section--
            (1) allows the grant to be made to, or used by, an entity 
        for law enforcement activities that the entity lacks 
        jurisdiction to perform; or
            (2) has any effect other than to authorize, award, or deny a 
        grant of funds to a federally recognized Indian tribe for the 
        purposes described in the relevant grant program.

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

SEC. 261. PRISONER RELEASE AND REENTRY.

    (a) Duties of Bureau of Prisons.--Section 4042 of title 18, United 
States Code, is amended--
            (1) in subsection (a)(4), by inserting ``, tribal,'' after 
        ``State'';
            (2) in subsection (b)(1), in the first sentence, by striking 
        ``officer of the State and of the local jurisdiction'' and 
        inserting ``officers of each State, tribal, and local 
        jurisdiction''; and
            (3) in subsection (c)(1)--
                    (A) in subparagraph (A), by striking ``officer of 
                the State and of the local jurisdiction'' and inserting 
                ``officer of each State, tribal, and local 
                jurisdiction''; and
                    (B) in subparagraph (B), by inserting ``, tribal,'' 
                after ``State'' each place it appears.

    (b) Authority of Institute; Time; Records of Recipients; Access; 
Scope of Section.--Section 4352(a) of title 18, United States Code, is 
amended--
            (1) in paragraphs (1), (3), (4), and (8), by inserting 
        ``tribal,'' after ``State,'' each place it appears;
            (2) in paragraph (6)--
                    (A) by inserting ``and tribal communities,'' after 
                ``States''; and
                    (B) by inserting ``, tribal,'' after ``State''; and
            (3) in paragraph (12) by inserting ``, tribal,'' after 
        ``State''.
SEC. 262. DOMESTIC AND SEXUAL VIOLENCE OFFENSE TRAINING.

    Section 3(c)(9) of the Indian Law Enforcement Reform Act (25 U.S.C. 
2802(c)(9)) (as amended by section 211(a)(2)) is amended by inserting 
before the semicolon at the end the following: ``, including training to 
properly interview victims of domestic and sexual violence and to 
collect, preserve, and present evidence to Federal and tribal 
prosecutors to increase the conviction rate for domestic and sexual 
violence offenses for purposes of addressing and preventing domestic and 
sexual violent offenses''.

[[Page 124 STAT. 2300]]

SEC. 263. TESTIMONY BY FEDERAL EMPLOYEES.

    The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et seq.) (as 
amended by section 235) is amended by adding at the end the following:
``SEC. 16. <<NOTE: 25 USC 2813.>> TESTIMONY BY FEDERAL EMPLOYEES.

    ``(a) Approval of Employee Testimony or Documents.--
            ``(1) In general.--The Director of the Office of Justice 
        Services or the Director of the Indian Health Service, as 
        appropriate (referred to in this section as the `Director 
        concerned'), shall approve or disapprove, in writing, any 
        request or subpoena from a tribal or State court for a law 
        enforcement officer, sexual assault nurse examiner, or other 
        employee under the supervision of the Director concerned to 
        provide documents or testimony in a deposition, trial, or other 
        similar criminal proceeding regarding information obtained in 
        carrying out the official duties of the employee.
            ``(2) Deadline.--The court issuing a subpoena under 
        paragraph (1) shall provide to the appropriate Federal employee 
        (or agency in the case of a document request) notice regarding 
        the request to provide testimony (or release a document) by not 
        less than 30 days before the date on which the testimony will be 
        provided.

    ``(b) Approval.--
            ``(1) In general.--The Director concerned shall approve a 
        request or subpoena under subsection (a) if the request or 
        subpoena does not violate the policy of the Department to 
        maintain impartiality.
            ``(2) Failure to approve.--If the Director concerned fails 
        to approve or disapprove a request or subpoena for testimony or 
        release of a document by the date that is 30 days after the date 
        of receipt of notice of the request or subpoena, the request or 
        subpoena shall be considered to be approved for purposes of this 
        section.''.
SEC. 264. <<NOTE: 42 USC 14044 note.>> COORDINATION OF FEDERAL 
                        AGENCIES.

    Any report of the Secretary of Health and Human Services to Congress 
on the development of Indian victim services and victim advocate 
training programs shall include any recommendations that the Secretary 
determines to be necessary to prevent the sex trafficking of Indian 
women.
SEC. 265. SEXUAL ASSAULT PROTOCOL.

    The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et seq.) (as 
amended by section 236) is amended by adding at the end the following:
``SEC. 17. <<NOTE: 25 USC 2814.>> POLICIES AND PROTOCOL.

    ``The Director of the Indian Health Service, in coordination with 
the Director of the Office of Justice Services and the Director of the 
Office on Violence Against Women of the Department of Justice, in 
consultation with Indian Tribes and Tribal Organizations, and in 
conference with Urban Indian Organizations, shall develop standardized 
sexual assault policies and protocol for the facilities of the Service, 
based on similar protocol that has been established by the Department of 
Justice.''.

[[Page 124 STAT. 2301]]

SEC. 266. STUDY OF IHS SEXUAL ASSAULT AND DOMESTIC VIOLENCE 
                        RESPONSE CAPABILITIES.

    (a) Study.--The Comptroller General of the United States shall--
            (1) conduct a study of the capability of Indian Health 
        Service facilities in remote Indian reservations and Alaska 
        Native villages, including facilities operated pursuant to 
        contracts or compacts under the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b et seq.), to collect, 
        maintain, and secure evidence of sexual assaults and domestic 
        violence incidents required for criminal prosecution; and
            (2) develop recommendations for improving those 
        capabilities.

    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall submit to the Committee on 
Indian Affairs of the Senate and the Committee on Natural Resources of 
the House of Representatives a report describing the results of the 
study under subsection (a), including the recommendations developed 
under that subsection, if any.

    Approved July 29, 2010.

LEGISLATIVE HISTORY--H.R. 725 (S. 151):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 111-397, Pt. 1 (Comm. on Natural Resources).
CONGRESSIONAL RECORD, Vol. 156 (2010):
            Jan. 19, considered and passed House.
            June 23, considered and passed Senate, amended.
            July 21, House concurred in Senate amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2010):
            July 29, Presidential remarks.

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