§ 2809. Reports to tribes

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1990

   Pub. L. 101–379 § 10 · 104 Stat. 473

   Enacted · 25 U.S.C. § 2809

   Pub. L. 101–379, § 10, Aug. 18, 1990, 104 Stat. 477

   Source evidence

   Code source credit
   Pub. L. 101–379, § 10, Aug. 18, 1990, 104 Stat. 477

   Enacted provision · exact public law section
   Sec. 10. reports to tribes (a) In any case in which law enforcement officials of the 25 USC 2809. Bureau or the Federal Bureau of Investigation decline to initiate an investigation of a reported violation of Federal law in Indian country, or terminate such an investigation without referral for prosecution, such officials are authorized to submit a report to the appropriate governmental and law enforcement officials of the Indian tribe involved that states, with particularity, the reason or reasons why the investigation was declined or terminated. (b) In any case in which a United States attorney declines to prosecute an alleged violation of Federal criminal law in Indian country referred for prosecution by the Federal Bureau of Investigation or the Bureau, or moves to terminate a prosecution of such an alleged violation, the United States attorney is authorized to submit a report to the appropriate governmental and law enforcement officials of the Inman tribe involved that states, with particularity, the reason or reasons why the prosecution was declined or terminated. (c) In any case— (1) in which the alleged offender is an Indian, and (2) for which a report is submitted under subsection (a) or (b), the report made to the Indian tribe may include the case file, including evidence collected and statements taken, which might support an investigation or prosecution of a violation of tribal law. (d) Nothing in this section shall require any Federal agency or official to transfer or disclose any confidential or privileged commu-nication, information, or sources to the officials of any Indian tribe. Federal agencies authorized to make reports pursuant to this section shall, by regulations, adopt standards for the protection of such communications, information, or sources.

2. 2010

   Tribal Law and Order Act of 2010

   Pub. L. 111–211 title II § 212 · 124 Stat. 2258

   1. Added · 25 U.S.C. § 2809

      Pub. L. 111–211 added subsecs. (a) to (c)

   2. Struck · 25 U.S.C. § 2809

      Pub. L. 111–211 struck out former subsecs. (a) to (d) which related, respectively, to reports by law enforcement officials of the Bureau of Indian Affairs or Federal Bureau of Investigation, reports by United States attorneys, case files included within reports, and transfer or disclosure of confidential or privileged communication, information, or sources to tribal officials

   Source evidence

   Code amendment note
   Pub. L. 111–211 added subsecs. (a) to (c) and struck out former subsecs. (a) to (d) which related, respectively, to reports by law enforcement officials of the Bureau of Indian Affairs or Federal Bureau of Investigation, reports by United States attorneys, case files included within reports, and transfer or disclosure of confidential or privileged communication, information, or sources to tribal officials.

   Enacted provision · exact public law section
   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 non-Indians; “(C) the statuses of the victims as Indians or non-Indians; 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 non-Indians; “(C) the statuses of the victims as Indians or non-Indians; 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 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, information, and sources described in this section.” .

3 of 3 references resolved to an enrolled provision