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

(a) Establishment. A commission called the “Indian Law and Order Commission” is established. This section calls it the “Commission.”

(b) Membership.
(1) In general. The Commission has 9 members: (A) 3 appointed by the President after consulting the Attorney General and the Secretary^*; (B) 2 appointed by the Senate Majority Leader after consulting the chairpersons of the Senate Indian Affairs and Judiciary Committees; (C) 1 appointed by the Senate Minority Leader after consulting the vice chairperson and ranking member of those committees; (D) 2 appointed by the Speaker of the House after consulting the chairpersons of the House Judiciary and Natural Resources Committees; and (E) 1 appointed by the House Minority Leader after consulting the ranking members of those committees.
(2) Eligibility. Each member must have significant experience and expertise in (A) the Indian country^* criminal justice system and (B) matters the Commission will study.
(3) Required consultation. Before making the appointments, the President, the House Speaker and Minority Leader, and the Senate Majority and Minority Leaders must consult to achieve, as far as practicable, fair and equal representation of different views about the matters to be studied.
(4) Term. Each member serves for the life of the Commission.
(5) Initial appointments. The members must be appointed no later than 60 days after this Act is enacted.
(6) Vacancies. A vacancy must be filled (A) in the same way as the original appointment and (B) no later than 60 days after the vacancy occurs.

(c) Operation.
(1) Chairperson. No later than 15 days after all members are appointed, the Commission must choose one member as Chairperson.
(2) Meetings. (A) The Commission meets when the Chairperson calls it. (B) The first meeting must occur no later than 30 days after the date in paragraph (1).
(3) Quorum. A majority of the members is a quorum. Fewer members may hold hearings.
(4) Rules. By majority vote, the Commission may make rules for conducting its business, consistent with this chapter and other applicable law.

(d) Comprehensive study of criminal justice relating to Indian country. The Commission must comprehensively study law enforcement and criminal justice in tribal communities, including: (1) jurisdiction over crimes in Indian country and its effect on (A) investigating and prosecuting those crimes and (B) residents of Indian land; (2) tribal jails and Federal prisons and their effect on (A) reducing Indian country crime and (B) rehabilitating offenders; (3) (A) tribal and Federal juvenile justice systems as they relate to Indian country and (B) how those systems and related programs prevent juvenile crime, rehabilitate Indian youth in custody, and reduce repeated offending by Indian youth; (4) how the Indian Civil Rights Act of 1968 (25 U.S.C. 1301 et seq.) affects (A) tribal authority, (B) defendants’ rights when subject to tribal government authority, and (C) the fairness and effectiveness of tribal criminal systems; and (5) other subjects the Commission finds relevant to the purposes of the Tribal Law and Order Act of 2010.

(e) Recommendations. Considering the study results, the Commission must recommend needed changes and improvements to tribal, Federal, and State justice systems. The recommendations must consider: (1) simplifying jurisdiction in Indian country; (2) improving services and programs to (A) prevent juvenile crime on Indian land, (B) rehabilitate Indian youth in custody, and (C) reduce repeated offending by Indian youth; (3) changes to tribal courts’ punishment authority and alternatives to incarceration; (4) greater use of title 28, chapter 43, commonly called the “Federal Magistrates Act,” in Indian country; (5) effective ways to protect victims’ and defendants’ rights in tribal criminal systems, including defendants incarcerated for less than 1 year; (6) changes to tribal jails and Federal prisons; and (7) other issues the Commission finds would reduce violent crime in Indian country.

(f) Report. No later than 3 years after enactment, the Commission must give the President and Congress a report containing (1) detailed findings and conclusions and (2) recommendations for legislative and administrative actions the Commission considers appropriate.

(g) Powers.
(1) Hearings. (A) The Commission may hold hearings, meet and act at times and places it chooses, take testimony, and receive evidence it considers advisable to perform its duties. (B) Its hearings under this paragraph must be open to the public.
(2) Witness expenses. (A) A witness the Commission asks to appear must receive the fees and allowances paid under 28 U.S.C. 1821. (B) Commission funds pay those fees and allowances.
(3) Information. (A) The Commission may obtain directly from a Federal agency information it considers necessary. (B) It may ask the head of a tribal or State agency for information it considers necessary.
(4) Mail. The Commission may use United States mail under the same conditions as other Federal agencies.
(5) Gifts. The Commission may accept, use, and dispose of donated services or property.

(h) Personnel.
(1) Travel. A member may receive travel expenses, including a daily subsistence payment instead of subsistence, at the rates allowed for an agency employee under title 5, chapter 57, subchapter I, while away from home or the regular workplace performing Commission duties.
(2) Federal employees. With an affirmative vote of two-thirds of its members and approval by the proper Federal agency head, the Commission may receive a Federal employee on detail without reimbursement. The detail cannot interrupt or reduce the employee’s civil-service status, benefits, or privileges.
(3) Temporary services. At the Commission’s request, the Attorney General must provide, with reimbursement, reasonable and appropriate office space, supplies, and administrative help.

(i) Research contracts.
(1) Researchers and experts. (A) By an affirmative vote of two-thirds of its members, the Commission may select nongovernmental researchers and experts to help perform its duties. (B) The National Institute of Justice may contract with those researchers and experts to fund their services.
(2) Other organizations. This subsection does not limit the Commission’s ability to contract with another entity or organization for research needed to perform its duties.

(j) Tribal Advisory Committee.
(1) Establishment. The Commission must establish a “Tribal Advisory Committee.”
(2) Membership. (A) The Committee consists of 2 representatives of Indian tribes from each Bureau^* of Indian Affairs region. (B) Each member must have experience with justice systems, crime prevention, or victim services.
(3) Duties. The Committee must (A) advise the Commission and (B) give it advice and recommendations and submit materials, documents, testimony, and other information the Commission finds necessary.

(k) Funding. For the fiscal year after July 29, 2010, the Secretary of the Interior or the Attorney General may use no more than $2,000,000 of unobligated amounts available to that official to carry out this section.

(l) Termination. The Commission ends 90 days after it submits its subsection (f) report.

(m) Chapter 10 of title 5 does not apply to the Commission.