There are also provisions relating to investigations of crimes committed in Indian country and the relationship of those investigating these crimes and the United States Attorneys' Offices, which have generated some controversy.

[Text of H.R. 498 follows:]

1018T CONGRESS 1ST SESSION

H. R. 498

IN THE SENATE OF THE UNITED STATES

MAY 31 (legislative day, JANUARY 3), 1989

Received; read twice and referred to the Select Committee on Indian Affairs

AN ACT

To clarify and strengthen the authority for certain Department of the Interior law enforcement services, activities, and officers in Indian country, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE.

4

This Act may be cited as the "Indian Law Enforce

5 ment Reform Act".

6 SEC. 2. DEFINITIONS.

7

In this Act, unless the context otherwise requires

8

(1) "employee of the Bureau of Indian Affairs"

1

2

3

4

5

6

7

8

9

10

11

12

13

14

2

(2) "enforcement" of a law includes the prevention, detection, and investigation of an offense and the

detention and confinement of an offender;

(3) "Indian country" has the meaning given that term in section 1151 of title 18, United States Code; (4) "Indian tribe" has the meaning given that term in section 201 of the Act of April 11, 1968 (82 Stat. 77; 25 U.S.C. 1301);

(5) "law" includes a regulation authorized by law;

(6) "offense" means an offense against the United States and includes a violation of a Federal regulation relating to part or all of Indian country; and

(7) "Secretary" means the Secretary of the Interior.

15 SEC. 3. INDIAN LAW ENFORCEMENT RESPONSIBILITIES.

16

(a) SECRETARIAL RESPONSIBILITY.-The Secretary, 17 acting through the Bureau of Indian Affairs (BIA), shall be 18 responsible for providing, or for assisting in the provision of, 19 law enforcement services in Indian country as provided in 20 this Act.

21

(b) DIVISION OF LAW ENFORCEMENT SERVICES.22 There shall be, within the BIA, a Division of Law Enforce23 ment Services which, under the supervision of the Secretary 24 or the Secretary's designee, shall be responsible for carrying

1 out the law enforcement functions of the Secretary in Indian 2 country and for implementing the provisions of this section. 3 (c) DIVISION RESPONSIBILITIES.-Subject to the pro4 visions of this Act and other applicable Federal or tribal 5 laws, the Division of Law Enforcement Services, in carrying 6 out its functions, shall be responsible in Indian country, for, 7 inter alia

(1) the enforcement of relevant Federal law and, with the consent of the Indian tribe, tribal law;

(2) in cooperation with appropriate Federal and tribal law enforcement agencies, the investigation of offenses against criminal laws of the United States;

(3) the protection of life and property;

(4) the reduction of the incidence of crime which

adversely affects the quality of life;

(5) the development of methods and expertise to

resolve conflicts and solve major crimes;

(6) the provision of criminal justice remedial actions and rehabilitation;

(7) the reduction of recidivism and adverse social effects;

(8) the development of preventive and outreach programs which will enhance the public conception of law enforcement responsibilities through training and development of needed public service skills;

1

2

2

3

4

5

4

(9) the assessment and evaluation of program accomplishments in reducing crime; and

(10) the development and provision of law enforcement training and technical assistance.

(d) BRANCH OF CRIMINAL INVESTIGATION.-(1) The

6 Secretary shall cause to be created within the Division a sep7 arate Branch of Criminal Investigations which, under such 8 inter-agency agreement as may be reached between the Sec9 retary and appropriate agencies or officials of the Depart10 ment of Justice and subject to such guidelines as may be 11 adopted by relevant United States Attorneys, shall be re12 sponsible for the investigation, and presentation for prosecu13 tion, of cases involving violations of the General Crimes Act 14 (18 U.S.C. 1152) and the Major Crimes Act (18 U.S.C. 15 1153) within Indian country.

16 (2) The Branch of Criminal Investigations shall not be 17 primarily responsible for the BIA's function of routine law 18 enforcement and police operations in Indian country and, 19 unlike such operations, shall not be subject to contracting 20 under the Indian Self-Determination Act.

21

(3)(A) Criminal investigative personnel of the Branch 22 shall be subject only to the supervision and direction of law 23 enforcement personnel of the Branch or of the Division. Such 24 personnel shall not be subject to the supervision of the BIA 25 Agency Superintendent or BIA Area Office Director. Noth