---
kind: "section"
citation: "25 U.S.C. § 2812"
title: "25"
title_heading: "Indians"
number: "2812"
heading: "Indian Law and Order Commission"
release: "119-102"
url: "https://uscodex.org/usc/25/2812"
units:
  - "Chapter 30 — Indian Law Enforcement Reform"
---

# §2812. Indian Law and Order Commission

- (a) **Establishment—** There is established a [commission](/usc/25/2703.md?p=3) to be known as the [Indian](/usc/25/1934.md) Law and Order [Commission](/usc/25/2703.md?p=3) (referred to in this section as the “[Commission](/usc/25/2703.md?p=3)”).
- (b) **Membership—**
  - (1) **In general—** The [Commission](/usc/25/2703.md?p=3) 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](/usc/25/2801.md?p=8);
    - (B) 2 shall be appointed by the Majority Leader of the Senate, in consultation with the Chairpersons of the [Committees](/usc/25/5411.md?p=3) on [Indian](/usc/25/1934.md) 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](/usc/25/5411.md?p=3) on [Indian](/usc/25/1934.md) 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](/usc/25/5411.md?p=3) 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](/usc/25/5411.md?p=3) on the Judiciary and Natural Resources of the House of Representatives.
  - (2) **Requirements for eligibility—** Each member of the [Commission](/usc/25/2703.md?p=3) shall have significant experience and expertise in—
    - (A) the [Indian country](/usc/25/2801.md?p=5) criminal justice system; and
    - (B) matters to be studied by the [Commission](/usc/25/2703.md?p=3).
  - (3) **Consultation required—** The President, the Speaker and Minority Leader of the House of Representatives, and the Majority Leader and Minority Leader of the Senate shall consult before the appointment of members of the [Commission](/usc/25/2703.md?p=3) under [paragraph (1)](#b-1) to achieve, to the maximum extent practicable, fair and equitable representation of various points of view with respect to the matters to be studied by the [Commission](/usc/25/2703.md?p=3).
  - (4) **Term—** Each member shall be appointed for the life of the [Commission](/usc/25/2703.md?p=3).
  - (5) **Time for initial appointments—** The appointment of the members of the [Commission](/usc/25/2703.md?p=3) shall be made not later than 60 days after the date of enactment of this Act.
  - (6) **Vacancies—** A vacancy in the [Commission](/usc/25/2703.md?p=3) 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.
- (c) **Operation—**
  - (1) **Chairperson—** Not later than 15 days after the date on which all members of the [Commission](/usc/25/2703.md?p=3) have been appointed, the [Commission](/usc/25/2703.md?p=3) shall select 1 member to serve as Chairperson of the [Commission](/usc/25/2703.md?p=3).
  - (2) **Meetings—**
    - (A) **In general—** The [Commission](/usc/25/2703.md?p=3) shall meet at the call of the Chairperson.
    - (B) **Initial meeting—** The initial meeting shall take place not later than 30 days after the date described in [paragraph (1)](#c-1).
  - (3) **Quorum—** A majority of the members of the [Commission](/usc/25/2703.md?p=3) shall constitute a quorum, but a lesser number of members may hold hearings.
  - (4) **Rules—** The [Commission](/usc/25/2703.md?p=3) may establish, by majority vote, any rules for the conduct of [Commission](/usc/25/2703.md?p=3) business, in accordance with this chapter and other applicable law.
- (d) **Comprehensive study of criminal justice system relating to Indian country—** The [Commission](/usc/25/2703.md?p=3) shall conduct a comprehensive study of law enforcement and criminal justice in tribal communities, including—
  - (1) jurisdiction over crimes committed in [Indian country](/usc/25/2801.md?p=5) and the impact of that jurisdiction on—
    - (A) the investigation and prosecution of [Indian country](/usc/25/2801.md?p=5) crimes; and
    - (B) residents of [Indian land](/usc/25/5702.md?p=5);
  - (2) the tribal jail and Federal prisons systems and the effect of those systems with respect to—
    - (A) reducing [Indian country](/usc/25/2801.md?p=5) crime; and
    - (B) rehabilitation of offenders;
  - (3)
    - (A) tribal juvenile justice systems and the Federal juvenile justice system as relating to [Indian country](/usc/25/2801.md?p=5); and
    - (B) the effect of those systems and related [programs](/usc/25/3402.md?p=4) in preventing juvenile crime, rehabilitating [Indian](/usc/25/1934.md) youth in custody, and reducing recidivism among [Indian](/usc/25/1934.md) youth;
  - (4) the impact of the [Indian](/usc/25/1934.md) Civil Rights Act of 1968 ([25 U.S.C. 1301](/usc/25/1301.md) et seq.) on—
    - (A) the authority of [Indian tribes](/usc/25/81.md?p=a-2);
    - (B) the rights of defendants subject to tribal government authority; and
    - (C) the fairness and effectiveness of tribal criminal systems; and
  - (5) studies of such other subjects as the [Commission](/usc/25/2703.md?p=3) determines relevant to achieve the purposes of the Tribal Law and Order Act of 2010.
- (e) **Recommendations—** Taking into consideration the results of the study under [paragraph (1)](#e-1),[^1] the [Commission](/usc/25/2703.md?p=3) 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](/usc/25/2801.md?p=5);
  - (2) improving services and [programs](/usc/25/3402.md?p=4)—
    - (A) to prevent juvenile crime on [Indian land](/usc/25/5702.md?p=5);
    - (B) to rehabilitate [Indian](/usc/25/1934.md) youth in custody; and
    - (C) to reduce recidivism among [Indian](/usc/25/1934.md) youth;
  - (3) adjustments to the penal authority of tribal courts and exploring alternatives to incarceration;
  - (4) the enhanced use of [chapter 43](/usc/28/chptIII-ch43.md) of title 28 (commonly known as “the Federal Magistrates Act”) in [Indian country](/usc/25/2801.md?p=5);
  - (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](/usc/25/2703.md?p=3), would reduce violent crime in [Indian country](/usc/25/2801.md?p=5).
- (f) **Report—** Not later than 3 years after the date of enactment of this Act, the [Commission](/usc/25/2703.md?p=3) shall submit to the President and Congress a report that contains—
  - (1) a detailed statement of the findings and conclusions of the [Commission](/usc/25/2703.md?p=3); and
  - (2) the recommendations of the [Commission](/usc/25/2703.md?p=3) for such legislative and administrative actions as the [Commission](/usc/25/2703.md?p=3) considers to be appropriate.
- (g) **Powers—**
  - (1) **Hearings—**
    - (A) **In general—** The [Commission](/usc/25/2703.md?p=3) may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the [Commission](/usc/25/2703.md?p=3) considers to be advisable to carry out the duties of the [Commission](/usc/25/2703.md?p=3) under this section.
    - (B) **Public requirement—** The hearings of the [Commission](/usc/25/2703.md?p=3) under this paragraph shall be open to the public.
  - (2) **Witness expenses—**
    - (A) **In general—** A witness requested to appear before the [Commission](/usc/25/2703.md?p=3) shall be paid the same fees and allowances as are paid to witnesses under [section 1821 of title 28](/usc/28/1821.md).
    - (B) **Per diem and mileage—** The fees and allowances for a witness shall be paid from funds made available to the [Commission](/usc/25/2703.md?p=3).
  - (3) **Information from Federal, tribal, and State agencies—**
    - (A) **In general—** The [Commission](/usc/25/2703.md?p=3) may secure directly from a Federal agency such information as the [Commission](/usc/25/2703.md?p=3) considers to be necessary to carry out this section.
    - (B) **Tribal and State agencies—** The [Commission](/usc/25/2703.md?p=3) may request the head of any tribal or State agency to provide to the [Commission](/usc/25/2703.md?p=3) such information as the [Commission](/usc/25/2703.md?p=3) considers to be necessary to carry out this section.
  - (4) **Postal services—** The [Commission](/usc/25/2703.md?p=3) may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government.
  - (5) **Gifts—** The [Commission](/usc/25/2703.md?p=3) may accept, use, and dispose of gifts or donations of services or property.
- (h) **Commission personnel matters—**
  - (1) **Travel expenses—** A member of the [Commission](/usc/25/2703.md?p=3) shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of [chapter 57](/usc/5/chptIII-sptD-ch57.md) of title 5, while away from the home or regular place of business of the member in the performance of the duties of the [Commission](/usc/25/2703.md?p=3).
  - (2) **Detail of Federal employees—** On the affirmative vote of ⅔ of the members of the [Commission](/usc/25/2703.md?p=3) and the approval of the appropriate Federal agency head, an employee of the Federal Government may be detailed to the [Commission](/usc/25/2703.md?p=3) without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privileges.
  - (3) **Procurement of temporary and intermittent services—** On request of the [Commission](/usc/25/2703.md?p=3), the Attorney General shall provide to the [Commission](/usc/25/2703.md?p=3), on a reimbursable basis, reasonable and appropriate [office](/usc/25/4001.md?p=4) space, supplies, and administrative assistance.
- (i) **Contracts for research—**
  - (1) **Researchers and experts—**
    - (A) **In general—** On an affirmative vote of ⅔ of the members of the [Commission](/usc/25/2703.md?p=3), the [Commission](/usc/25/2703.md?p=3) may select nongovernmental researchers and experts to assist the [Commission](/usc/25/2703.md?p=3) in carrying out the duties of the [Commission](/usc/25/2703.md?p=3) under this section.
    - (B) **National Institute of Justice—** The National Institute of Justice may enter into a contract with the researchers and experts selected by the [Commission](/usc/25/2703.md?p=3) under [subparagraph (A)](#i-1-A) to provide funding in exchange for the services of the researchers and experts.
  - (2) **Other organizations—** Nothing in this subsection limits the ability of the [Commission](/usc/25/2703.md?p=3) to enter into contracts with any other entity or organization to carry out research necessary to carry out the duties of the [Commission](/usc/25/2703.md?p=3) under this section.
- (j) **Tribal Advisory Committee—**
  - (1) **Establishment—** The [Commission](/usc/25/2703.md?p=3) shall establish a [committee](/usc/25/5411.md?p=3), to be known as the “Tribal Advisory [Committee](/usc/25/5411.md?p=3)”.
  - (2) **Membership—**
    - (A) **Composition—** The Tribal Advisory [Committee](/usc/25/5411.md?p=3) shall consist of 2 representatives of [Indian tribes](/usc/25/81.md?p=a-2) from each region of the [Bureau](/usc/25/2801.md?p=2) of [Indian](/usc/25/1934.md) Affairs.
    - (B) **Qualifications—** Each member of the Tribal Advisory [Committee](/usc/25/5411.md?p=3) shall have experience relating to—
      - (i) justice systems;
      - (ii) crime prevention; or
      - (iii) victim services.
  - (3) **Duties—** The Tribal Advisory [Committee](/usc/25/5411.md?p=3) shall—
    - (A) serve as an advisory body to the [Commission](/usc/25/2703.md?p=3); and
    - (B) provide to the [Commission](/usc/25/2703.md?p=3) advice and recommendations, submit materials, documents, testimony, and such other information as the [Commission](/usc/25/2703.md?p=3) determines to be necessary to carry out the duties of the [Commission](/usc/25/2703.md?p=3) under this section.
- (k) **Funding—** For the fiscal year after July 29, 2010, out of any unobligated amounts available to the [Secretary](/usc/25/2801.md?p=8) of the Interior or the Attorney General, the [Secretary](/usc/25/2801.md?p=8) or the Attorney General may use to carry out this section not more than $2,000,000.
- (l) **Termination of Commission—** The [Commission](/usc/25/2703.md?p=3) shall terminate 90 days after the date on which the [Commission](/usc/25/2703.md?p=3) submits the report of the [Commission](/usc/25/2703.md?p=3) under [subsection (f)](#f).
- (m) **Nonapplicability of chapter 10 of title 5—** [Chapter 10](/usc/5/chptI-ch10.md) of title 5 shall not apply to the [Commission](/usc/25/2703.md?p=3).

## Footnotes

[^1]: So in original. Probably should be “subsection (d),”.

## Source credit

(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.)

## Notes

### Editorial Notes

### References in Text

The date of enactment of this Act, referred to in subsecs. (b)(5) and (f), probably means the date of enactment of Pub. L. 111–211, which was approved July 29, 2010.

The Indian Civil Rights Act of 1968, referred to in subsec. (d)(4), is title II of Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 77, which is classified generally to subchapter I (§ 1301 et seq.) of chapter 15 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.

The Tribal Law and Order Act of 2010, referred to in subsec. (d)(5), is title II of Pub. L. 111–211, July 29, 2010, 124 Stat. 2261. For complete classification of this Act to the Code, see Short Title of 2010 Amendment note set out under section 2801 of this title and Tables.

### Amendments

2022—Subsec. (m). Pub. L. 117–286 substituted “chapter 10 of title 5” for “FACA” in heading and “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in text.

2013—Subsec. (f). Pub. L. 113–4 substituted “3 years” for “2 years” in introductory provisions.