"(14) in coordination with the Attorney General pursuant Data collection. to subsection (g) of section 302 of the Omnibus Crime Control Reports. 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) on an annual basis, sharing with the Department Information of Justice all relevant crime data, including Uniform Crime sharing. Reports, that the Office of Justice Services prepares and receives from tribal law enforcement agencies on a tribe-bytribe basis to ensure that individual tribal governments providing data are eligible for programs offered by the Department of Justice; "(16) submitting to the appropriate committees of Congress, Reports. 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 “(I) criminal investigators; “(V) executive personnel, including special agents “(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) submitting to the appropriate committees of Congress, Reports. 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) promulgating regulations to carry out this Act, and Regulations. routinely reviewing and updating, as necessary, the regulations Deadline. contained in subchapter B of title 25, Code of Federal Regula- (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.—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: "(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 "(cc) section 731 731 of the USA PATRIOT Improvement and Reauthorization Act of 2005 (21 U.S.C. 865); “(II) a misdemeanor firearms offense in violation of chapter 44 of title 18, United States Code; “(III) a misdemeanor assault in violation of chapter 7 of title 18, United States Code; or “(IV) a misdemeanor liquor trafficking offense in violation of chapter 59 of title 18, United States Code; and "(ii) the employee has probable cause to believe that the individual to be arrested has committed, or is commit ting, the crime;": SEC. 212. DISPOSITION REPORTS. Section 10 of the Indian Law Enforcement Reform Act (25 U.S.C. 2809) is amended by striking subsections (a) through (d) and inserting the following: “(a) COORDINATION AND DATA COLLECTION.— “(1) INVESTIGATIVE COORDINATION.–Subject to subsection (c), if a law enforcement officer or employee of any Federal department or agency terminates an investigation of an alleged violation of Federal criminal law in Indian country without referral for prosecution, the officer or employee shall coordinate with the appropriate tribal law enforcement officials regarding the status of the investigation and the use of evidence relevant to the case in a tribal court with authority over the crime alleged. “(2) INVESTIGATION DATA.—The Federal Bureau of 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 nonIndians; “(C) the statuses of the victims as Indians or nonIndians; 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 nonIndians; "(C) the statuses of the victims as Indians or nonIndians; 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 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, 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. 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: 25 USC 2810. “(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 |