25 USC 2812 - Indian Law and Order Commission

View all text of Chapter 30 [§ 2801 - § 2815]

§ 2812. Indian Law and Order Commission

(a) Establishment

(b) Membership

(1) In generalThe 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 eligibilityEach 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

(4) Term

(5) Time for initial appointments

(6) VacanciesA 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.

(1) Chairperson

(2) Meetings

(A) In general

(B) Initial meeting

(3) Quorum

(4) Rules

(d) Comprehensive study of criminal justice system relating to Indian countryThe 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

(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) RecommendationsTaking into consideration the results of the study under paragraph (1),1

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

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

(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) ReportNot 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

(B) Public requirement

(2) Witness expenses

(A) In general

(B) Per diem and mileage

(3) Information from Federal, tribal, and State agencies

(A) In general

(B) Tribal and State agencies

(4) Postal services

(5) Gifts

(h) Commission personnel matters

(1) Travel expenses

(2) Detail of Federal employees

(3) Procurement of temporary and intermittent services

(i) Contracts for research

(1) Researchers and experts

(A) In general

(B) National Institute of Justice

(2) Other organizations

(j) Tribal Advisory Committee

(1) Establishment

(2) Membership

(A) Composition

(B) QualificationsEach member of the Tribal Advisory Committee shall have experience relating to—

(i) justice systems;

(ii) crime prevention; or

(iii) victim services.

(3) DutiesThe 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

(l) Termination of Commission

(m) Nonapplicability of chapter 10 of title 5

(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.)