Tribal Law and Order Reauthorization and Amendments Act of 2019

II Calendar No. 77 116TH CONGRESS 1ST SESSION S. 210 [Report No. 116–37] To amend the Tribal Law and Order Act of 2010 and the Indian Law Enforcement Reform Act to provide for advancements in public safety services to Indian communities, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY 24, 2019 Mr. HOEVEN (for himself, Ms. MCSALLY, Mr. BARRASSO, and Mr. CRAMER) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs MAY 6, 2019 Reported by Mr. HOEVEN, without amendment A BILL To amend the Tribal Law and Order Act of 2010 and the Indian Law Enforcement Reform Act to provide for advancements in public safety services to Indian commu- nities, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 22:55 May 06, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S210.RS S210 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 210 RS SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘Tribal Law and Order Reauthorization and Amendments 3 Act of 2019’’. 4 (b) TABLE OF CONTENTS.—The table of contents for 5 this Act is as follows: 6 Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I—TRIBAL LAW AND ORDER Sec. 101. Bureau of Indian Affairs law enforcement. Sec. 102. Authority to execute emergency orders. Sec. 103. Detention services. Sec. 104. Tribal law enforcement Officers. Sec. 105. Oversight, coordination, and accountability. Sec. 106. Integration and coordination of programs. Sec. 107. Data sharing with Indian tribes. Sec. 108. Judicial administration in Indian country. Sec. 109. Federal notice. Sec. 110. Detention facilities. Sec. 111. Reauthorization for tribal courts training. Sec. 112. Public defenders. Sec. 113. Offenses in Indian country: trespass on Indian land. Sec. 114. Resources for public safety in Indian communities; drug trafficking prevention. Sec. 115. Substance abuse prevention tribal action plans. Sec. 116. Office of Justice Services spending report. Sec. 117. Trafficking Victims Protection. Sec. 118. Reporting on Indian victims of trafficking. TITLE II—IMPROVING JUSTICE FOR INDIAN YOUTH Sec. 201. Federal jurisdiction over Indian juveniles. Sec. 202. Reauthorization of tribal youth programs. Sec. 203. Assistance for Indian tribes relating to juvenile crime. Sec. 204. Coordinating Council on Juvenile Justice and Delinquency Preven- tion. Sec. 205. Grants for delinquency prevention programs. SEC. 2. FINDINGS. 7 Congress finds that— 8 (1) the Tribal Law and Order Act of 2010 (25 9 U.S.C. 2801 note; Public Law 111–211) was en- 10 VerDate Sep 11 2014 22:55 May 06, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S210.RS S210 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 210 RS acted to enhance law enforcement services, encour- 1 age interagency cooperation, and improve Federal 2 accountability for public safety in Indian commu- 3 nities; 4 (2) in 2013, the Bureau of Indian Affairs re- 5 ported increases in property crimes and violent 6 crimes in Indian country; 7 (3) according to the Department of Justice, in 8 2014, 34 percent of the total Indian country crimi- 9 nal matters submitted for prosecution were declined, 10 a percentage that has not decreased significantly 11 since the date of enactment of the Tribal Law and 12 Order Act of 2010 (25 U.S.C. 2801 note; Public 13 Law 111–211) and has remained fairly steady; 14 (4) drug and alcohol abuse is a key contributing 15 factor to violence and crime in Indian communities; 16 (5) substance abuse prevention and treatment, 17 including detention-based treatment, are critical to 18 reducing the rates of recidivism in Indian commu- 19 nities; 20 (6) during the period beginning in 2010 and 21 ending on the date of enactment of this Act, the 22 number of law enforcement officers working on pub- 23 lic safety in Indian country has slightly increased, 24 but according to the Bureau of Indian Affairs, only 25 VerDate Sep 11 2014 22:55 May 06, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S210.RS S210 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 210 RS approximately 43 percent of the total need for those 1 officers is currently being met; 2 (7) for a period of more than 40 years prior to 3 the date of enactment of this Act, the Shadow 4 Wolves, a special unit of tactical officers of the U.S. 5 Immigration and Customs Enforcement, have been 6 deployed throughout the Tohono O’odham Nation 7 reservation in Arizona and have been operating in 8 an area— 9 (A) of more than 5,000 square miles of 10 vast, desert, tribal land in the Southwest, 75 11 square miles of which is an area located along 12 the United States border with Mexico; 13 (B) in which approximately 28,000 Indians 14 reside; and 15 (C) that has been targeted by criminal or- 16 ganizations for use as a major corridor to de- 17 liver contraband from Mexico to locations 18 throughout the United States, including other 19 Indian reservations; 20 (8) many Bureau of Indian Affairs and tribal 21 detention facilities continue to operate in over- 22 crowded conditions; 23 (9) tribes continue to encounter barriers to ac- 24 cessing and entering information into national crime 25 VerDate Sep 11 2014 22:55 May 06, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S210.RS S210 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 210 RS information databases for criminal and civil pur- 1 poses and additional options are needed to ensure 2 Indian tribes can fully participate in the 2-way shar- 3 ing of criminal justice information so that all tribal 4 justice and public safety agencies have access to the 5 data needed to keep their communities safe; 6 (10) American Indian and Alaska Native juve- 7 niles are overrepresented in Federal and State juve- 8 nile justice systems; 9 (11) there is a lack of training (including trau- 10 ma-informed training and practices), collaboration, 11 communication, and cooperation among government 12 agencies regarding juvenile justice for Indian youth; 13 (12) tribal youth in the Federal justice sys- 14 tem— 15 (A) may spend more time in secure con- 16 finement than youth in State justice systems, 17 sometimes by several years; and 18 (B) may be placed in facilities located far 19 away from the communities and families of the 20 tribal youth; and 21 (13) appropriate services for tribal youth in the 22 Federal and tribal justice systems are unavailable. 23 VerDate Sep 11 2014 22:55 May 06, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S210.RS S210 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 210 RS TITLE I—TRIBAL LAW AND 1 ORDER 2 SEC. 101. BUREAU OF INDIAN AFFAIRS LAW ENFORCE- 3 MENT. 4 (a) SPENDING REPORT.—Section 3(c) of the Indian 5 Law Enforcement Reform Act (25 U.S.C. 2802(c)) is 6 amended— 7 (1) by striking paragraph (13); 8 (2) by redesignating paragraphs (14) through 9 (18) as paragraphs (13) through (17), respectively; 10 and 11 (3) in subparagraph (C) of paragraph (15) (as 12 redesignated)— 13 (A) by inserting ‘‘(for which any tribal in- 14 formation may be summarized by State)’’ after 15 ‘‘a list’’; and 16 (B) by striking ‘‘and public safety and 17 emergency communications and technology 18 needs’’ and inserting ‘‘public safety and emer- 19 gency communications and technology needs, 20 and other administrative and supporting needs 21 of program operations, including information 22 technology and other equipment, travel, and 23 training’’. 24 VerDate Sep 11 2014 22:55 May 06, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S210.RS S210 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 210 RS (b) ALLOWANCE FOR RENTALS OF QUARTERS AND 1 FACILITIES.—Section 8 of the Indian Law Enforcement 2 Reform Act (25 U.S.C. 2807) is amended— 3 (1) by striking the section heading and designa- 4 tion and all that follows through ‘‘Notwithstanding 5 the limitation’’ and inserting the following: 6 ‘‘SEC. 8. ALLOWANCES. 7 ‘‘(a) UNIFORMS.—Notwithstanding the limitation’’; 8 and 9 (2) by adding at the end the following: 10 ‘‘(b) RENTALS FOR QUARTERS AND FACILITIES.— 11 Notwithstanding section 5911 of title 5, United States 12 Code, the Secretary, on recommendation of the Director 13 of the Office of Justice Services, shall establish applicable 14 rental rates for quarters and facilities for employees of the 15 Office of Justice Services.’’. 16 (c) BACKGROUND CHECKS FOR TRIBAL JUSTICE OF- 17 FICIALS.— 18 (1) IN GENERAL.—The Office of Justice Serv- 19 ices of the Bureau of Indian Affairs shall develop 20 standards and deadlines for the provision of back- 21 ground checks to tribal law enforcement and correc- 22 tions officials. 23 (2) TIMING.— 24 VerDate Sep 11 2014 22:55 May 06, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S210.RS S210 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 210 RS (A) TIMING.—If a request for a back- 1 ground check is made by an Indian tribe that 2 has contracted or entered into a compact for 3 law enforcement or corrections services with the 4 Bureau of Indian Affairs pursuant to the In- 5 dian Self-Determination and Education Assist- 6 ance Act (25 U.S.C. 5304 et seq.), the Office 7 of Justice Services shall complete the check not 8 later than 60 days after the date of receipt of 9 a completed background application package, 10 containing all of the documentation and infor- 11 mation requested by the Office of Justice Serv- 12 ices. 13 (B) EXTENSION.—The Office of Justice 14 Services may extend the 60-day period required 15 under subparagraph (A) for completion of a 16 background request for not more than an addi- 17 tional 30 days upon written notice to the Indian 18 tribe that states the reason for the extension. 19 (3) ESTABLISHMENT OF PROGRAM.— 20 (A) IN GENERAL.—The Secretary of the 21 Interior (referred to in this paragraph as the 22 ‘‘Secretary’’) shall establish a demonstration 23 program for the purpose of conducting or adju- 24 dicating, in coordination with the Director of 25 VerDate Sep 11 2014 22:55 May 06, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S210.RS S210 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 210 RS the Bureau of Indian Affairs, personnel back- 1 ground investigations for applicants for law en- 2 forcement positions in the Bureau of Indian Af- 3 fairs. 4 (B) BACKGROUND INVESTIGATIONS AND 5 SECURITY CLEARANCE DETERMINATIONS.— 6 (i) BIA INVESTIGATIONS.—As part of 7 the demonstration program established 8 under this paragraph, the Secretary, 9 through the Office of Justice Services, is 10 authorized to carry out a background in- 11 vestigation, security clearance determina- 12 tion, or both a background investigation 13 and a security clearance determination for 14 an applicant for a law enforcement position 15 in the Bureau of Indian Affairs. 16 (ii) USE OF PREVIOUS INVESTIGA- 17 TIONS AND DETERMINATIONS.— 18 (I) IN GENERAL.—Subject to 19 subclause (II), as part of the dem- 20 onstration program established under 21 this paragraph, the Secretary, in adju- 22 dicating background investigations for 23 applicants for law enforcement posi- 24 tions in the Bureau of Indian Affairs, 25 VerDate Sep 11 2014 22:55 May 06, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S210.RS S210 pamtmann on DSKBFK8HB2PROD with BILLS 10 •S 210 RS shall consider previous background in- 1 vestigations for an applicant, security 2 clearance determinations for an appli- 3 cant, or both background investiga- 4 tions and security clearance deter- 5 minations for an applicant, as the 6 case may be, that have been con- 7 ducted by a State, local, or Tribal 8 Government, or by the Bureau of In- 9 dian Affairs, within the 5-year period 10 preceding the application for employ- 11 ment with the Bureau of Indian Af- 12 fairs. 13 (II) QUALITY.—The Secretary 14 shall only consider previous back- 15 ground investigations and security 16 clearance determinations for an appli- 17 cant that have been conducted by a 18 State, local, or Tribal Government if 19 the Secretary can verify that those 20 previous investigations and determina- 21 tions, as the case may be, are of a 22 comparable quality and thoroughness 23 to investigations and determinations 24 carried out by the Bureau of Indian 25 VerDate Sep 11 2014 22:55 May 06, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S210.RS S210 pamtmann on DSKBFK8HB2PROD with BILLS 11 •S 210 RS Affairs, the Office of Personnel Man- 1 agement, or another Federal agency. 2 (III) ADDITIONAL INVESTIGA- 3 TION.—If, as described in subclause 4 (I), the Secretary considers an exist- 5 ing background investigation, security 6 clearance determination, or both, as 7 the case may be, for an applicant that 8 has been carried out by a State, local, 9 or Tribal Government, or by the Bu- 10 reau of Indian Affairs, the Sec- 11 retary— 12 (aa) may carry out addi- 13 tional investigation and examina- 14 tion of the applicant if the Sec- 15 retary determines that such addi- 16 tional information is needed in 17 order to make an appropriate de- 18 termination as to the character 19 and trustworthiness of the appli- 20 cant before final adjudication can 21 be made and a security clearance 22 can be issued; and 23 (bb) shall not initiate a new 24 background investigation process 25 VerDate Sep 11 2014 22:55 May 06, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S210.RS S210 pamtmann on DSKBFK8HB2PROD with BILLS 12 •S 210 RS with the National Background 1 Investigations Bureau or other 2 Federal agency unless that new 3 background investigation process 4 covers a period of time that was 5 not covered by a previous back- 6 ground investigation process. 7 (IV) AGREEMENTS.—The Sec- 8 retary may enter into a Memorandum 9 of Agreement with a State, local, or 10 Tribal Government to develop steps to 11 expedite the process of receiving and 12 obtaining access to background inves- 13 tigation and security clearance deter- 14 minations for use in the demonstra- 15 tion program. 16 (C) SUNSET.—The demonstration program 17 established under this paragraph shall termi- 18 nate 5 years after the date of the commence- 19 ment of the program. 20 (D) SUFFICIENCY.—Notwithstanding any 21 other provision of law, a background investiga- 22 tion conducted or adjudicated by the Secretary 23 pursuant to the demonstration program author- 24 ized under this paragraph that results in the 25 VerDate Sep 11 2014 22:55 May 06, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S210.RS S210 pamtmann on DSKBFK8HB2PROD with BILLS 13 •S 210 RS granting of a security clearance to an applicant [Text truncated for display. Full text available on Congress.gov.]