25 U.S.C. § 2812

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 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

(E) 1 shall be appointed by the Minority Leader of the House of Representatives, in consultation with the Ranking Members of the Committees on the Judiciary and Natural Resources of the House of Representatives.

(2) Requirements for eligibility

Each member of the Commission shall have significant experience and expertise in-

(A) the Indian country criminal justice system; and

(B) matters to be studied by the Commission.

(3) Consultation required

The President, the Speaker and Minority Leader of the House of Representatives, and the Majority Leader and Minority Leader of the Senate shall consult before the appointment of members of the Commission under paragraph (1) to achieve, to the maximum extent 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 later than 60 days after the date on which the vacancy occurred.

(c) Operation

(1) Chairperson

Not later than 15 days after the date on which all members of the Commission have been appointed, the Commission shall select 1 member to serve as Chairperson of the Commission.

(2) Meetings

(A) In general

The Commission shall meet at the call of the Chairperson.

(B) Initial meeting

The initial meeting shall take place not later than 30 days after the date described in paragraph (1).

(3) Quorum

A majority of the members of the 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 chapter 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

(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),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 (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 3 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

(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 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, 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 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 July 29, 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 chapter 10 of title 5

Chapter 10 of title 5 shall not apply to the Commission.

¹ So in original. Probably should be "subsection (d),".

25 U.S.C. § 2812

Pub. L. 101-379, §15, as added Pub. L. 111-211, title II, §235, July 29, 2010, 124 Stat. 2282; amended 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 TEXTThe date of enactment of this Act, referred to in subsecs. (b)(5) and (f), probably means the date of enactment of Pub. L. 111-211 which was approved July 29, 2010.The Indian Civil Rights Act of 1968, referred to in subsec. (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, 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.

AMENDMENTS2022-Subsec. (m). Pub. L. 117-286 substituted "chapter 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.

Bureau

The term "Bureau" means the Bureau of Indian Affairs of the Department of the Interior.

Secretary

The term "Secretary" means the Secretary of the Interior.