25 U.S.C. § 2812 — Indian Law and Order Commission

Page 523 TITLE 25—INDIANS § 2812 (C) to provide to appointed Special Assist- ant United States Attorneys appropriate training, supervision, and staff support; and (D) to provide technical and other assist- ance to tribal governments and tribal court systems to ensure that the goals of this sub- section are achieved. (2) Sense of Congress regarding consultation It is the sense of Congress that, in appoint- ing Special Assistant United States Attorneys under this subsection, a United States Attor- ney should consult with tribal justice officials of each Indian tribe that would be affected by the appointment. (Pub. L. 101–379, § 13, as added Pub. L. 111–211, title II, § 213(b)(1), July 29, 2010, 124 Stat. 2268.) § 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 Attor- neys that have authority to prosecute crimes in Indian country; (2) coordinate prosecutions of crimes of na- tional significance in Indian country, as deter- mined by the Attorney General; (3) coordinate as necessary with other com- ponents of the Department of Justice and any relevant advisory groups to the Attorney Gen- eral or the Deputy Attorney General; and (4) carry out such other duties as the Attor- ney General may prescribe. (Pub. L. 101–379, § 14, as added Pub. L. 111–211, title II, § 214(b), July 29, 2010, 124 Stat. 2271.) § 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 ‘‘Commis- sion’’). (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 In- dian 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 consulta- tion with the Chairpersons of the Commit- tees on the Judiciary and Natural Resources of the House of Representatives; and (E) 1 shall be appointed by the Minority Leader of the House of Representatives, in consultation with the Ranking Members of the Committees on the Judiciary and Nat- ural Resources of the House of Representa- tives. (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 Commis- sion. (3) Consultation required The President, the Speaker and Minority Leader of the House of Representatives, and the Majority Leader and Minority Leader of the Senate shall consult before the appoint- ment of members of the Commission under paragraph (1) to achieve, to the maximum ex- tent practicable, fair and equitable representa- tion 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 origi- nal appointment was made; and (B) not later than 60 days after the date on which the vacancy occurred. (c) Operation (1) Chairperson Not later than 15 days after the date on which all members of the Commission have been appointed, the Commission shall select 1 member to serve as Chairperson of the Com- mission. (2) Meetings (A) In general The Commission shall meet at the call of the Chairperson. (B) Initial meeting The initial meeting shall take place not later than 30 days after the date described in paragraph (1). (3) Quorum A majority of the members of the Commis- sion shall constitute a quorum, but a lesser number of members may hold hearings. (4) Rules The Commission may establish, by majority vote, any rules for the conduct of Commission business, in accordance with this chapter and other applicable law. Page 524 TITLE 25—INDIANS § 2812 1 So in original. Probably should be ‘‘subsection (d),’’. (d) Comprehensive study of criminal justice sys- tem relating to Indian country The Commission shall conduct a comprehen- sive study of law enforcement and criminal jus- tice in tribal communities, including— (1) jurisdiction over crimes committed in In- dian country and the impact of that jurisdic- tion on— (A) the investigation and prosecution of Indian country crimes; and (B) residents of Indian land; (2) the tribal jail and Federal prisons sys- tems and the effect of those systems with re- spect to— (A) reducing Indian country crime; and (B) rehabilitation of offenders; (3)(A) tribal juvenile justice systems and the Federal juvenile justice system as relating to Indian country; and (B) the effect of those systems and related programs in preventing juvenile crime, reha- bilitating Indian youth in custody, and reduc- ing recidivism among Indian youth; (4) the impact of the Indian Civil Rights Act of 1968 (25 U.S.C. 1301 et seq.) on— (A) the authority of Indian tribes; (B) the rights of defendants subject to trib- al government authority; and (C) the fairness and effectiveness of tribal criminal systems; and (5) studies of such other subjects as the Com- mission determines relevant to achieve the purposes of the Tribal Law and Order Act of 2010. (e) Recommendations Taking into consideration the results of the study under paragraph (1),1 the Commission shall develop recommendations on necessary modifications and improvements to justice sys- tems at the tribal, Federal, and State levels, in- cluding consideration of— (1) simplifying jurisdiction in Indian coun- try; (2) improving services and programs— (A) to prevent juvenile crime on Indian land; (B) to rehabilitate Indian youth in cus- tody; and (C) to reduce recidivism among Indian youth; (3) adjustments to the penal authority of tribal courts and exploring alternatives to in- carceration; (4) the enhanced use of chapter 43 of title 28 (commonly known as ‘‘the Federal Mag- istrates Act’’) in Indian country; (5) effective means of protecting the rights of victims and defendants in tribal criminal justice systems (including defendants incar- cerated 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 In- dian country. (f) Report Not later than 3 years after the date of enact- ment of this Act, the Commission shall submit to the President and Congress a report that con- tains— (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 appro- priate. (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 (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. (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 Com- mission 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 dis- pose of gifts or donations of services or prop- erty. (h) Commission personnel matters (1) Travel expenses A member of the Commission shall be al- lowed 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, while away from the home or regular place of business of the mem- ber 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 ap- Page 525 TITLE 25—INDIANS § 2813 propriate 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 privi- leges. (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 appro- priate office space, supplies, and administra- tive assistance. (i) Contracts for research (1) Researchers and experts (A) In general On an affirmative vote of 2⁄3 of the mem- bers of the Commission, the Commission may select nongovernmental researchers and experts to assist the Commission in car- rying 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 necessary to carry out the duties of the Commission under this section. (j) Tribal Advisory Committee (1) Establishment The Commission shall establish a com- mittee, to be known as the ‘‘Tribal Advisory Committee’’. (2) Membership (A) Composition The Tribal Advisory Committee shall con- sist of 2 representatives of Indian tribes from each region of the Bureau of Indian Af- fairs. (B) Qualifications Each member of the Tribal Advisory Com- mittee 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 Com- mission; and (B) provide to the Commission advice and recommendations, submit materials, docu- ments, testimony, and such other informa- tion 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 July 29, 2010, out of any unobligated amounts available to the Sec- retary 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 chapter 10 of title 5 Chapter 10 of title 5 shall not apply to the Commission. (Pub. L. 101–379, § 15, as added Pub. L. 111–211, title II, § 235, July 29, 2010, 124 Stat. 2282; amend- ed Pub. L. 113–4, title IX, § 909(a), Mar. 7, 2013, 127 Stat. 126; Pub. L. 117–286, § 4(a)(183), Dec. 27, 2022, 136 Stat. 4326.) Editorial Notes REFERENCES IN TEXT The date of enactment of this Act, referred to in sub- secs. (b)(5) and (f), probably means the date of enact- ment of Pub. L. 111–211, which was approved July 29, 2010. The Indian Civil Rights Act of 1968, referred to in sub- sec. (d)(4), is title II of Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 77, which is classified generally to subchapter I (§ 1301 et seq.) of chapter 15 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables. The Tribal Law and Order Act of 2010, referred to in subsec. (d)(5), is title II of Pub. L. 111–211, July 29, 2010, 124 Stat. 2261. For complete classification of this Act to the Code, see Short Title of 2010 Amendment note set out under section 2801 of this title and Tables. AMENDMENTS 2022—Subsec. (m). Pub. L. 117–286 substituted ‘‘chap- ter 10 of title 5’’ for ‘‘FACA’’ in heading and ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Committee Act (5 U.S.C. App.)’’ in text. 2013—Subsec. (f). Pub. L. 113–4 substituted ‘‘3 years’’ for ‘‘2 years’’ in introductory provisions. § 2813. Testimony by Federal employees (a) Approval of employee testimony or docu- ments (1) In general The Director of the Office of Justice Serv- ices or the Director of the Indian Health Serv- ice, as appropriate (referred to in this section as the ‘‘Director concerned’’), shall approve or disapprove, in writing, any request or sub- poena from a tribal or State court for a law enforcement officer, sexual assault nurse ex- aminer, or other employee under the super- vision 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 offi- cial duties of the employee. (2) Deadline The court issuing a subpoena under para- graph (1) shall provide to the appropriate Fed- eral employee (or agency in the case of a docu- ment request) notice regarding the request to provide testimony (or release a document) by not less than 30 days before the date on which the testimony will be provided.