[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6583 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 6583
To amend the Indian Law Enforcement Reform Act, the Indian Tribal
Justice Act, the Indian Tribal Justice Technical and Legal Assistance
Act of 2000, and the Omnibus Crime Control and Safe Streets Act of 1968
to improve the prosecution of, and response to, crimes in Indian
country, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 23, 2008
Ms. Herseth Sandlin (for herself, Mr. Kildee, Mr. Cole of Oklahoma, Mr.
Grijalva, and Mr. Udall of New Mexico) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Committees on Natural Resources, Energy and Commerce, and
Education and Labor, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Indian Law Enforcement Reform Act, the Indian Tribal
Justice Act, the Indian Tribal Justice Technical and Legal Assistance
Act of 2000, and the Omnibus Crime Control and Safe Streets Act of 1968
to improve the prosecution of, and response to, crimes in Indian
country, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Tribal Law and
Order Act of 2008''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; purposes.
Sec. 3. Definitions.
Sec. 4. Severability clause.
TITLE I--FEDERAL ACCOUNTABILITY AND COORDINATION
Sec. 101. Office of Justice Services responsibilities.
Sec. 102. Declination reports.
Sec. 103. Prosecution of crimes in Indian country.
Sec. 104. Administration.
TITLE II--STATE ACCOUNTABILITY AND COORDINATION
Sec. 201. State criminal jurisdiction and resources.
Sec. 202. Incentives for State, tribal, and local law enforcement
cooperation.
TITLE III--EMPOWERING TRIBAL LAW ENFORCEMENT AGENCIES AND TRIBAL
GOVERNMENTS
Sec. 301. Tribal police officers.
Sec. 302. Drug enforcement in Indian country.
Sec. 303. Access to national criminal information databases.
Sec. 304. Tribal court sentencing authority.
Sec. 305. Indian law and order commission.
TITLE IV--TRIBAL JUSTICE SYSTEMS
Sec. 401. Indian alcohol and substance abuse.
Sec. 402. Indian tribal justice; technical and legal assistance.
Sec. 403. Tribal resources grant program.
Sec. 404. Tribal jails program.
Sec. 405. Tribal probation office liaison program.
Sec. 406. Tribal youth program.
TITLE V--INDIAN COUNTRY CRIME DATA
Sec. 501. Tracking of crimes committed in Indian country.
Sec. 502. Grants to improve tribal data collection systems.
Sec. 503. Criminal history record improvement program.
TITLE VI--DOMESTIC VIOLENCE AND SEXUAL ASSAULT PROSECUTION AND
PREVENTION
Sec. 601. Prisoner release and reentry.
Sec. 602. Domestic and sexual violent offense training.
Sec. 603. Testimony by Federal employees in cases of rape and sexual
assault.
Sec. 604. Coordination of Federal agencies.
Sec. 605. Sexual assault protocol.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) the United States has distinct legal, treaty, and trust
obligations to provide for the public safety of tribal
communities;
(2) several States have been delegated or have accepted
responsibility to provide for the public safety of tribal
communities within the borders of the States;
(3) Congress and the President have acknowledged that--
(A) tribal law enforcement officers are often the
first responders to crimes on Indian reservations; and
(B) tribal justice systems are ultimately the most
appropriate institutions for maintaining law and order
in tribal communities;
(4) less than 3,000 tribal and Federal law enforcement
officers patrol more than 56,000,000 acres of Indian country,
which reflects less than \1/2\ of the law enforcement presence
in comparable rural communities nationwide;
(5) on many Indian reservations, law enforcement officers
respond to distress or emergency calls without backup and
travel to remote locations without adequate radio communication
or access to national crime information database systems;
(6) the majority of tribal detention facilities were
constructed decades before the date of enactment of this Act
and must be or will soon need to be replaced, creating a
multibillion-dollar backlog in facility needs;
(7) a number of Indian country offenders face no
consequences for minor crimes, and many such offenders are
released due to severe overcrowding in existing detention
facilities;
(8) tribal courts--
(A) are the primary arbiters of criminal and civil
justice for actions arising in Indian country; but
(B) have been historically underfunded;
(9) tribal courts have no criminal jurisdiction over non-
Indian persons, and the sentencing authority of tribal courts
is limited to sentences of not more than 1 year of imprisonment
for Indian offenders, forcing tribal communities to rely solely
on the Federal Government and certain State governments for the
prosecution of--
(A) misdemeanors committed by non-Indian persons;
and
(B) all felony crimes in Indian country;
(10) a significant percentage of cases referred to Federal
agencies for prosecution of crimes allegedly occurring in
tribal communities are declined to be prosecuted;
(11) the complicated jurisdictional scheme that exists in
Indian country--
(A) has a significant negative impact on the
ability to provide public safety to Indian communities;
and
(B) has been increasingly exploited by criminals;
(12) the violent crime rate in Indian country is--
(A) nearly twice the national average; and
(B) more than 20 times the national average on some
Indian reservations;
(13)(A) domestic and sexual violence against Indian and
Alaska Native women has reached epidemic proportions;
(B) 34 percent of Indian and Alaska Native women will be
raped in their lifetimes; and
(C) 39 percent of Indian and Alaska Native women will be
subject to domestic violence;
(14) the lack of police presence and resources in Indian
country has resulted in significant delays in responding to
victims' calls for assistance, which adversely affects the
collection of evidence needed to prosecute crimes, particularly
crimes of domestic and sexual violence;
(15) alcohol and drug abuse plays a role in more than 80
percent of crimes committed in tribal communities;
(16) the rate of methamphetamine addiction in tribal
communities is 3 times the national average;
(17) the Department of Justice has reported that drug
organizations have increasingly targeted Indian country to
produce and distribute methamphetamine, citing the limited law
enforcement presence and jurisdictional confusion as reasons
for the increased activity;
(18) tribal communities face significant increases in
instances of domestic violence, burglary, assault, and child
abuse as a direct result of increased methamphetamine use on
Indian reservations;
(19)(A) criminal jurisdiction in Indian country is complex,
and responsibility for Indian country law enforcement is shared
among Federal, tribal, and State authorities; and
(B) that complexity requires a high degree of commitment
and cooperation from Federal and State officials that can be
difficult to establish;
(20) agreements for cooperation among certified tribal and
State law enforcement officers have proven to improve law
enforcement in tribal communities; and
(21) crime data is a fundamental tool of law enforcement,
but for decades the Bureau of Indian Affairs and the Department
of Justice have not been able to coordinate or consistently
report crime and prosecution rates in tribal communities.
(b) Purposes.--The purposes of this Act are--
(1) to clarify the responsibilities of Federal, State,
tribal, and local governments with respect to crimes committed
in tribal communities;
(2) to increase coordination and communication among
Federal, State, tribal, and local law enforcement agencies;
(3) to empower tribal governments with the authority,
resources, and information necessary to safely and effectively
provide for the safety of the public in tribal communities;
(4) to reduce the prevalence of violent crime in tribal
communities and to combat violence against Indian and Alaska
Native women;
(5) to address and prevent drug trafficking and reduce
rates of alcohol and drug addiction in Indian country; and
(6) to increase and standardize the collection of criminal
data and the sharing of criminal history information among
Federal, State, and tribal officials responsible for responding
to and investigating crimes in tribal communities.
SEC. 3. DEFINITIONS.
(a) In General.--In this Act:
(1) Indian country.--The term ``Indian country'' has the
meaning given the term in section 1151 of title 18, United
States Code.
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
(3) Indian community.--The term ``Indian community'' means
a community of a federally recognized Indian tribe.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Tribal government.--The term ``tribal government''
means the governing body of an Indian tribe.
(b) Indian Law Enforcement Reform Act.--Section 2 of the Indian Law
Enforcement Reform Act (25 U.S.C. 2801) is amended by adding at the end
the following:
``(10) Tribal justice official.--The term `tribal justice
official' means--
``(A) a tribal prosecutor;
``(B) a tribal law enforcement officer; or
``(C) any other person responsible for
investigating or prosecuting an alleged criminal
offense in tribal court.''.
SEC. 4. SEVERABILITY CLAUSE.
If any provision of this Act, an amendment made this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such to any person or circumstances shall not be affected thereby.
TITLE I--FEDERAL ACCOUNTABILITY AND COORDINATION
SEC. 101. OFFICE OF JUSTICE SERVICES RESPONSIBILITIES.
(a) Additional Responsibilities of Division.--Section 3 of the
Indian Law Enforcement Reform Act (25 U.S.C. 2802) is amended--
(1) in subsection (c)--
(A) in paragraph (8), by striking ``and'' at the
end;
(B) in paragraph (9), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(10) communicating with tribal leaders, tribal community
advocates, tribal justice officials, and residents of Indian
land on a regular basis regarding public safety and justice
concerns facing tribal communities;
``(11) conducting meaningful and timely consultation with
tribal leaders and tribal justice officials in the development
of regulatory policies and other actions that affect public
safety and justice in Indian country;
``(12) providing technical assistance and training to
tribal law enforcement officials to gain access and input
authority to utilize the National Criminal Information Center
and other national crime information databases pursuant to
section 534 of title 28, United States Code;
``(13) in coordination with the Attorney General pursuant
to subsection (g) of section 302 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3732), collecting,
analyzing, and reporting data regarding Indian country crimes
on an annual basis;
``(14) submitting to the Committee on Indian Affairs of the
Senate and the Committee on Natural Resources of the House of
Representatives, for each fiscal year, a detailed spending
report regarding tribal public safety and justice programs that
includes--
``(A) the number of employees and amounts spent by
category, including a breakdown by position of direct
Bureau and tribal government employees, for each of--
``(i) criminal investigators;
``(ii) uniform police;
``(iii) dispatchers;
``(iv) detention officers; and
``(v) executive personnel, including
special agents in charge, and directors and
deputies of various offices in the Office of
Justice Services;
``(B) an itemized list of spending by the Secretary
on law enforcement and corrections personnel, vehicles,
related transportation costs, equipment, inmate
transportation costs, inmate transfer costs,
improvement and repair of facilities, personnel
transfers, detailees and costs related to their
details, emergency events, public safety and justice
communications and technology costs, and other public
safety and justice-related expenses;
``(C) a list of, and relevant details regarding,
the unmet staffing needs of law enforcement and
corrections personnel at tribal and Bureau of Indian
Affairs police departments and corrections facilities,
the backlog in corrections facilities, public safety
and justice communications and technology needs, and
other public safety and justice-related needs; and
``(D) the formula, priority list or other
methodology used to determine the method of
disbursement of funds for the public safety and justice
programs of the Office of Justice Services;
``(15) submitting to Congress, for each fiscal year, a
report summarizing the technical assistance, training, and
other support provided to tribal law enforcement and
corrections agencies that operate relevant programs pursuant to
self-determination contracts or self-governance compacts with
the Bureau of Indian Affairs; and
``(16) promulgating regulations to carry out this Act, and
routinely reviewing and updating, as necessary, the regulations
contained in subchapter B of title 25, Code of Federal
Regulations (or successor regulations).''; and
(2) by adding at the end the following:
``(d) Long-Term Plan for Tribal Detention Programs.--Not later than
1 year after the date of enactment of this subsection, the Secretary,
acting through the Bureau, in coordination with the Department of
Justice and in consultation with tribal leaders, tribal law enforcement
officers, and tribal corrections officials, shall submit to Congress a
long-term plan to address incarceration in Indian country, including a
description of--
``(1) proposed activities for the construction of detention
facilities (including regional facilities) on Indian land;
``(2) proposed activities for the construction of
additional Federal detention facilities on Indian land;
``(3) proposed activities for contracting with State and
local detention centers, upon approval of affected tribal
governments;
``(4) proposed activities for alternatives to
incarceration, developed in cooperation with tribal court
systems; and
``(5) other such alternatives to incarceration as the
Secretary, in coordination with the Bureau and in consultation
with tribal representatives, determines to be necessary.''.
(b) Law Enforcement Authority.--Section 4 of the Indian Law
Enforcement Reform Act (25 U.S.C. 2803) is amended--
(1) in paragraph (2)(A), by striking ``), or'' and
inserting ``or offenses committed on Federal property processed
by the Central Violations Bureau); or''; and
(2) in paragraph (3), by striking subparagraphs (A) through
(C) and inserting the following:
``(A) the offense is committed in the presence of
the employee; or
``(B) the offense is a Federal crime and the
employee has reasonable grounds to believe that the
person to be arrested has committed, or is committing,
the crime;''.
SEC. 102. DECLINATION 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) Reports.--
``(1) Law enforcement officials.--Subject to subsection
(d), if a law enforcement officer or employee of any Federal
department or agency declines to initiate an investigation of
an alleged violation of Federal law in Indian country, or
terminates such an investigation without referral for
prosecution, the officer or employee shall--
``(A) submit to the appropriate tribal justice
officials a report describing each reason why a case
was not opened or an investigation was declined or
terminated; and
``(B) submit to the Office of Indian Country Crime
relevant information regarding all declinations of
alleged violations of Federal law in Indian country,
including--
``(i) the type of crime alleged;
``(ii) the status of the accused as an
Indian or non-Indian;
``(iii) the status of the victim as an
Indian; and
``(iv) the reason for declining to
initiate, open, or terminate the investigation.
``(2) United states attorneys.--Subject to subsection (d),
if a United States Attorney declines to prosecute, or acts to
terminate prosecution of, an alleged violation of Federal law
in Indian country referred for prosecution by a law enforcement
officer or employee of a Federal department or agency or other
law enforcement officer authorized to enforce Federal law, the
United States Attorney shall--
``(A) coordinate and communicate with the
appropriate tribal justice official, sufficiently in
advance of the tribal statute of limitations,
reasonable details regarding the case to permit the
tribal prosecutor to pursue the case in tribal court;
and
``(B) submit to the Office of Indian Country Crime
and the appropriate tribal justice official relevant
information regarding all declinations of alleged
violations of Federal law in Indian country,
including--
``(i) the type of crime alleged;
``(ii) the status of the accused as an
Indian or non-Indian;
``(iii) the status of the victim as an
Indian; and
``(iv) the reason for the determination to
decline or terminate the prosecution.
``(b) Maintenance of Records.--
``(1) In general.--The Director of the Office of Indian
Country Crime shall establish and maintain a compilation of
information received under paragraph (1) or (2) of subsection
(a) relating to declinations.
``(2) Availability to congress.--Each compilation under
paragraph (1) shall be made available to Congress on an annual
basis.
``(c) Inclusion of Case Files.--A report submitted to the
appropriate tribal justice officials under paragraph (1) or (2) of
subsection (a) may include the case file, including evidence collected
and statements taken that could support an investigation or prosecution
by the appropriate tribal justice officials.
``(d) Effect of Section.--
``(1) In general.--Nothing in this section requires any
Federal agency or official to transfer or disclose any
confidential or privileged communication, information, or
source to an official of any Indian tribe.
``(2) Federal rules of criminal procedure.--Rule 6 of the
Federal Rules of Criminal Procedure shall apply to this
section.
``(3) Regulations.--Each Federal agency required to submit
a report pursuant to this section shall adopt, by regulation,
standards for the protection of confidential or privileged
communications, information, and sources under paragraph
(1).''.
SEC. 103. PROSECUTION OF CRIMES IN INDIAN COUNTRY.
(a) Appointment of Special Prosecutors.--Section 543(a) of title
28, United States Code, is amended by inserting before the period at
the end the following: ``, including the appointment of qualified
tribal prosecutors and other qualified attorneys to assist in
prosecuting Federal offenses committed in Indian country''.
(b) Tribal Liaisons.--The Indian Law Enforcement Reform Act (25
U.S.C. 2801 et seq.) is amended by adding at the end the following:
``SEC. 11. ASSISTANT UNITED STATES ATTORNEY TRIBAL LIAISONS.
``(a) Appointment.--Each United States Attorney the district of
which includes Indian country shall appoint not less than 1 assistant
United States Attorney to serve as a tribal liaison for the district.
``(b) Duties.--A tribal liaison shall be responsible for the
following activities in the district of the tribal liaison:
``(1) Coordinating the prosecution of Federal crimes that
occur in Indian country.
``(2) Developing multidisciplinary teams to combat child
abuse and domestic and sexual violence offenses against
Indians.
``(3) Developing working relationships and maintaining
communication with tribal leaders, tribal community advocates,
and tribal justice officials to gather information from, and
share appropriate information with, tribal justice officials.
``(4) Coordinating with tribal prosecutors in cases in
which a tribal government has concurrent jurisdiction over an
alleged crime, in advance of the expiration of any applicable
statute of limitation.
``(5) Providing technical assistance and training regarding
evidence gathering techniques to tribal justice officials and
other individuals and entities that are instrumental to
responding to Indian country crimes.
``(6) Conducting training sessions and seminars to certify
special law enforcement commissions to tribal justice officials
and other individuals and entities responsible for responding
to Indian country crimes.
``(7) Coordinating with the Office of Indian Country Crime,
as necessary.
``(8) Conducting such other activities to address and
prevent violent crime in Indian country as the applicable
United States Attorney determines to be appropriate.
``(c) Sense of Congress Regarding Evaluations of Tribal Liaisons.--
``(1) Findings.--Congress finds that--
``(A) many tribal communities rely solely on United
States Attorneys offices to prosecute felony and
misdemeanor crimes occurring on Indian land; and
``(B) tribal liaisons have dual obligations of--
``(i) coordinating prosecutions of Indian
country crime; and
``(ii) developing relationships with tribal
communities and serving as a link between
tribal communities and the Federal justice
process.
``(2) Sense of congress.--It is the sense of Congress that
the Attorney General should--
``(A) take all appropriate actions to encourage the
aggressive prosecution of all crimes committed in
Indian country; and
``(B) when appropriate, take into consideration the
dual responsibilities of tribal liaisons described in
paragraph (1)(B) in evaluating the performance of the
tribal liaisons.
``(d) Enhanced Prosecution of Minor Crimes.--Each United States
Attorney serving a district that includes Indian country is authorized
and encouraged--
``(1) to appoint Special Assistant United States Attorneys
pursuant to section 543(a) of title 28, United States Code, to
prosecute crimes in Indian country as necessary to improve the
administration of justice, and particularly when--
``(A) the crime rate exceeds the national average
crime rate; or
``(B) the rate at which criminal offenses are
declined to be prosecuted exceeds the national average
rate;
``(2) to coordinate with applicable United States
magistrate and district courts--
``(A) to ensure the provision of docket time for
prosecutions of Indian country crimes; and
``(B) to hold trials and other proceedings in
Indian country, as appropriate;
``(3) to provide to appointed Special Assistant United
States Attorneys appropriate training, supervision, and staff
support; and
``(4) if an agreement is entered into with a Federal court
pursuant to paragraph (2), to provide technical and other
assistance to tribal governments and tribal court systems to
ensure the success of the program under this subsection.''.
SEC. 104. ADMINISTRATION.
(a) Office of Tribal Justice.--
(1) Definitions.--Section 4 of the Indian Tribal Justice
Technical and Legal Assistance Act of 2000 (25 U.S.C. 3653) is
amended--
(A) by redesignating paragraphs (2) through (7) as
paragraphs (3) through (8), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) Director.--The term `Director' means the Director of
the Office of Tribal Justice.''.
(2) Status.--Title I of the Indian Tribal Justice Technical
and Legal Assistance Act of 2000 is amended--
(A) by redesignating section 106 (25 U.S.C. 3666)
as section 107; and
(B) by inserting after section 105 (25 U.S.C. 3665)
the following:
``SEC. 106. OFFICE OF TRIBAL JUSTICE.
``(a) In General.--Not later than 90 days after the date of
enactment of the Tribal Law and Order Act of 2008, the Attorney General
shall modify the status of the Office of Tribal Justice as the Attorney
General determines to be necessary to establish the Office of Tribal
Justice as a permanent division of the Department.
``(b) Personnel and Funding.--The Attorney General shall provide to
the Office of Tribal Justice such personnel and funds as are necessary
to establish the Office of Tribal Justice as a division of the
Department under subsection (a).
``(c) Additional Duties.--In addition to the duties of the Office
of Tribal Justice in effect on the day before the date of enactment of
the Tribal Law and Order Act of 2008, the Office of Tribal Justice
shall--
``(1) serve as the program and legal policy advisor to the
Attorney General with respect to the treaty and trust
relationship between the United States and Indian tribes;
``(2) serve as the point of contact for federally
recognized tribal governments and tribal organizations with
respect to questions and comments regarding policies and
programs of the Department and issues relating to public safety
and justice in Indian country; and
``(3) coordinate with other bureaus, agencies, offices, and
divisions within the Department of Justice to ensure that each
component has an accountable process to ensure meaningful and
timely consultation with tribal leaders in the development of
regulatory policies and other actions with tribal
implications.''.
(b) Office of Indian Country Crime.--The Indian Law Enforcement
Reform Act (25 U.S.C. 2801 et seq.) (as amended by section 103(b)) is
amended by adding at the end the following:
``SEC. 12. OFFICE OF INDIAN COUNTRY CRIME.
``(a) Establishment.--There is established in the criminal division
of the Department of Justice an office, to be known as the `Office of
Indian Country Crime'.
``(b) Duties.--The Office of Indian Country Crime shall--
``(1) develop, enforce, and administer the application of
Federal criminal laws applicable in Indian country;
``(2) coordinate with the United States Attorneys that have
authority to prosecute crimes in Indian country;
``(3) coordinate prosecutions of crimes of national
significance in Indian country, as determined by the Attorney
General;
``(4) develop and implement criminal enforcement policies
for United States Attorneys and investigators of Federal crimes
regarding cases arising in Indian country; and
``(5) submit to the Committee on Indian Affairs of the
Senate and the Committee on Natural Resources of the House of
Representatives annual reports describing the prosecution and
declination rates of cases involving alleged crimes in Indian
country referred to United States Attorneys.
``(c) Deputy Assistant Attorney General.--
``(1) Appointment.--The Attorney General shall appoint a
Deputy Assistant Attorney General for Indian Country Crime.
``(2) Duties.--The Deputy Assistant Attorney General for
Indian Country Crime shall--
``(A) serve as the head of the Office of Indian
Country Crime;
``(B) serve as a point of contact to United State
Attorneys serving districts including Indian country,
tribal liaisons, tribal governments, and other Federal,
State, and local law enforcement agencies regarding
issues affecting the prosecution of crime in Indian
country; and
``(C) carry out such other duties as the Attorney
General may prescribe.''.
TITLE II--STATE ACCOUNTABILITY AND COORDINATION
SEC. 201. STATE CRIMINAL JURISDICTION AND RESOURCES.
(a) Concurrent Authority of United States.--Section 401(a) of
Public Law 90-284 (25 U.S.C. 1321(a)) is amended--
(1) by striking the section designation and heading and all
that follows through ``The consent of the United States'' and
inserting the following:
``SEC. 401. ASSUMPTION BY STATE OF CRIMINAL JURISDICTION.
``(a) Consent of United States.--
``(1) In general.--The consent of the United States''; and
(2) by adding at the end the following:
``(2) Concurrent jurisdiction.--At the request of an Indian
tribe, and after consultation with the Attorney General, the
United States shall maintain concurrent jurisdiction to
prosecute violations of sections 1152 and 1153 of title 18,
United States Code, within the Indian country of the Indian
tribe.''.
(b) Applicable Law.--Section 1162 of title 18, United States Code,
is amended by striking subsection (c) and inserting the following:
``(c) Applicable Law.--At the request of an Indian tribe, and after
consultation with the Attorney General--
``(1) sections 1152 and 1153 of this title shall remain in
effect in the areas of the Indian country of the Indian tribe;
and
``(2) jurisdiction over those areas shall be concurrent
among the Federal Government and State and tribal
governments.''.
SEC. 202. INCENTIVES FOR STATE, TRIBAL, AND LOCAL LAW ENFORCEMENT
COOPERATION.
(a) Establishment of Cooperative Assistance Program.--The Attorney
General may provide grants, technical assistance, and other assistance
to State, tribal, and local governments that enter into cooperative
agreements, including agreements relating to mutual aid, hot pursuit of
suspects, and cross-deputization for the purposes of--
(1) improving law enforcement effectiveness; and
(2) reducing crime in Indian country and nearby
communities.
(b) Program Plans.--
(1) In general.--To be eligible to receive assistance under
this section, a group composed of not less than 1 of each of a
tribal government and a State or local government shall jointly
develop and submit to the Attorney General a plan for a program
to achieve the purpose described in subsection (a).
(2) Plan requirements.--A joint program plan under
paragraph (1) shall include a description of--
(A) the proposed cooperative tribal and State or
local law enforcement program for which funding is
sought, including information on the population and
each geographic area to be served by the program;
(B) the need of the proposed program for funding
under this section, the amount of funding requested,
and the proposed use of funds, subject to the
requirements listed in subsection (c);
(C) the unit of government that will administer any
assistance received under this section, and the method
by which the assistance will be distributed;
(D) the types of law enforcement services to be
performed on each applicable Indian reservation and the
individuals and entities that will perform those
services;
(E) the individual or group of individuals who will
exercise daily supervision and control over law
enforcement officers participating in the program;
(F) the method by which local and tribal government
input with respect to the planning and implementation
of the program will be ensured;
(G) the policies of the program regarding mutual
aid, hot pursuit of suspects, deputization, training,
and insurance of applicable law enforcement officers;
(H) the recordkeeping procedures and types of data
to be collected pursuant to the program; and
(I) other information that the Attorney General
determines to be relevant.
(c) Permissible Uses of Funds.--An eligible entity that receives a
grant under this section may use the grant, in accordance with the
program plan described in subsection (b)--
(1) to hire and train new career tribal, State, or local
law enforcement officers, or to make overtime payments for
current law enforcement officers, that are or will be dedicated
to--
(A) policing tribal land and nearby lands; and
(B) investigating alleged crimes on those lands;
(2) procure equipment, technology, or support systems to be
used to investigate crimes and share information between
tribal, State, and local law enforcement agencies; or
(3) for any other uses that the Attorney General determines
will meet the purposes described in subsection (a).
(d) Factors for Consideration.--In determining whether to approve a
joint program plan submitted under subsection (b) and, on approval, the
amount of assistance to provide to the program, the Attorney General
shall take into consideration the following factors:
(1) The size and population of each Indian reservation and
nearby community proposed to be served by the program.
(2) The complexity of the law enforcement problems proposed
to be addressed by the program.
(3) The range of services proposed to be provided by the
program.
(4) The proposed improvements the program will make
regarding law enforcement cooperation beyond existing levels of
cooperation.
(5) The crime rates of the tribal and nearby communities.
(6) The available resources of each entity applying for a
grant under this section for dedication to public safety in the
respective jurisdictions of the entities.
(e) Annual Reports.--To be eligible to renew or extend a grant
under this section, a group described in subsection (b)(1) shall submit
to the Attorney General, together with the joint program plan under
subsection (b), a report describing the law enforcement activities
carried out pursuant to the program during the preceding fiscal year,
including the success of the activities, including any increase in
arrests or prosecutions.
(f) Reports by Attorney General.--Not later than January 15 of each
applicable fiscal year, the Attorney General shall submit to the
Committee on Indian Affairs of the Senate and the Committee on Natural
Resources of the House of Representatives a report describing the law
enforcement programs carried out using assistance provided under this
section during the preceding fiscal year, including the success of the
programs.
(g) Technical Assistance.--On receipt of a request from a group
composed of not less than 1 tribal government and 1 State or local
government, the Attorney General shall provide technical assistance to
the group to develop successful cooperative relationships that
effectively combat crime in Indian country and nearby communities.
(h) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 2009 through 2015.
TITLE III--EMPOWERING TRIBAL LAW ENFORCEMENT AGENCIES AND TRIBAL
GOVERNMENTS
SEC. 301. TRIBAL POLICE OFFICERS.
(a) Flexibility in Training Law Enforcement Officers Serving Indian
Country.--Section 3(e) of the Indian Law Enforcement Reform Act (25
U.S.C. 2802(e)) is amended--
(1) in paragraph (1)--
(A) by striking ``(e)(1) The Secretary'' and
inserting the following:
``(e) Standards of Education and Experience and Classification of
Positions.--
``(1) Standards of education and experience.--
``(A) In general.--The Secretary''; and
(B) by adding at the end the following:
``(B) Training.--The training standards established
under subparagraph (A) shall permit law enforcement
personnel of the Division of Law Enforcement Services
or an Indian tribe to obtain training at a State or
tribal police academy, a local or tribal community
college, or another training academy that meets the
National Peace Officer Standards of Training.''; and
(2) in paragraph (3), by striking ``Agencies'' and
inserting ``agencies''.
(b) Special Law Enforcement Commissions.--Section 5 of the Indian
Law Enforcement Reform Act (25 U.S.C. 2804) is amended by striking the
section heading and all that follows through subsection (e) and
inserting the following:
``SEC. 5. SPECIAL LAW ENFORCEMENT COMMISSIONS.
``(a) Agreements.--
``(1) Encouraged implementation of agreements.--The
Secretary is authorized and encouraged to enter into agreements
for the use (with or without reimbursement) of personnel and
facilities of Federal, tribal, State, or other government
agencies to assist in the enforcement or administration in
Indian country of Federal law or the laws of an Indian tribe
that authorizes the Secretary to enforce tribal law.
``(2) Certain activities.--Pursuant to an agreement
described in paragraph (1), the Secretary shall authorize the
law enforcement officers of any applicable government agency to
carry out any activity authorized under section 4.
``(3) Requirement.--An agreement under paragraph (1) shall
be in accordance with any applicable agreement between the
Secretary and the Attorney General.
``(b) Program Enhancement.--
``(1) Training sessions in indian country.--
``(A) In general.--The Secretary (or a designee)
and the Attorney General (or a designee) shall develop
a plan to enhance the certification and provision of
special law enforcement commissions to tribal law
enforcement officials, and, subject to subsection (d),
State and local law enforcement officials, pursuant to
this section.
``(B) Inclusions.--The plan under subparagraph (A)
shall include the hosting of regional training sessions
in Indian country, not less frequently than biannually,
to educate and certify candidates for the special
commissions.
``(2) Memoranda of agreement.--
``(A) In general.--Not later than 180 days after
the date of enactment of the Tribal Law and Order Act
of 2008, the Secretary, in consultation with Indian
tribes and tribal law enforcement agencies, shall
develop minimum requirements to be included in special
law enforcement commission agreements pursuant to this
section.
``(B) Agreement.--Not later than 60 days after the
date on which the Secretary determines that all
applicable requirements under subparagraph (A) are met,
the Secretary shall offer to enter into a special law
enforcement commission agreement with the applicable
Indian tribe.
``(c) Limitation on Use of Certain Personnel.--
``(1) Consultation.--The Secretary shall consult with each
affected Indian tribe before entering into any agreement under
subsection (a) with a non-Federal agency that will provide
personnel for use in any area under the jurisdiction of the
Indian tribes.
``(2) Prohibition.--The Secretary shall not use the
personnel of a non-Federal agency under this section in an area
of Indian country if the Indian tribe with jurisdiction over
that area has adopted a resolution objecting to the use of
personnel of the non-Federal agency.
``(d) Coordination by Federal Agencies.--Notwithstanding section
1535 of title 31, United States Code, the head of a Federal agency with
law enforcement personnel or facilities shall coordinate and, as
needed, enter into agreements (with or without reimbursement) with the
Secretary under subsection (a).
``(e) Encouragement of Other Federal Agency Heads.--Congress
encourages the head of each Federal agency with law enforcement
personnel or facilities to enter into agreements (with or without
reimbursement) with an Indian tribe relating to--
``(1) the law enforcement authority of the Indian tribe;
``(2) the administration of Federal or tribal criminal law;
and
``(3) the conduct of investigations, the sharing of
information and training techniques, and the provisions of
other related technical assistance to prevent and prosecute
violations of Federal or tribal criminal law in Indian
country.''.
SEC. 302. DRUG ENFORCEMENT IN INDIAN COUNTRY.
(a) Education and Research Programs.--Section 502 of the Controlled
Substances Act (21 U.S.C. 872) is amended in subsections (a)(1) and
(c), by inserting ``tribal,'' after ``State,'' each place it appears.
(b) Public-Private Education Program.--Section 503 of the
Comprehensive Methamphetamine Control Act of 1996 (21 U.S.C. 872a) is
amended--
(1) in subsection (a), by inserting ``tribal,'' after
``State,''; and
(2) in subsection (b)(2), by inserting ``, tribal,'' after
``State''.
(c) Cooperative Arrangements.--Section 503 of the Controlled
Substances Act (21 U.S.C. 873) is amended--
(1) in subsection (a)--
(A) by inserting ``tribal,'' after ``State,'' each
place it appears; and
(B) in paragraphs (6) and (7), by inserting ``,
tribal,'' after ``State'' each place it appears; and
(2) in subsection (d)(1), by inserting ``, tribal,'' after
``State''.
(d) Powers of Enforcement Personnel.--Section 508(a) of the
Controlled Substances Act (21 U.S.C. 878(a)) is amended in the matter
preceding paragraph (1) by inserting ``, tribal,'' after ``State''.
SEC. 303. ACCESS TO NATIONAL CRIMINAL INFORMATION DATABASES.
(a) Access to National Criminal Information Databases.--Section 534
of title 28, United States Code, is amended--
(1) in subsection (a)(4), by inserting ``Indian tribes,''
after ``the States,'';
(2) by striking subsection (d) and inserting the following:
``(d) Indian Law Enforcement Agencies.--The Attorney General shall
permit tribal and Bureau of Indian Affairs law enforcement agencies--
``(1) to directly access and enter information into Federal
criminal information databases; and
``(2) to directly obtain information from the databases.'';
and
(3) in subsection (f)(2), in the matter preceding
subparagraph (A), by inserting ``, tribal,'' after ``Federal''.
(b) Requirement.--
(1) In general.--The Attorney General shall ensure that
tribal law enforcement officials that meet applicable Federal
or State requirements have access to national crime information
databases.
(2) Sanctions.--For purpose of sanctions for noncompliance
with requirements of, or misuse of, national crime information
databases and information obtained from those databases, a
tribal law enforcement agency or official shall be treated as
Federal law enforcement agency or official.
SEC. 304. TRIBAL COURT SENTENCING AUTHORITY.
Section 202 of Public Law 90-284 (25 U.S.C. 1302) is amended--
(1) in the matter preceding paragraph (1), by striking ``No
Indian tribe'' and inserting the following:
``(a) In General.--No Indian tribe'';
(2) in paragraph (7) of subsection (a) (as designated by
paragraph (1)), by striking ``and a fine'' and inserting ``or a
fine''; and
(3) by adding at the end the following:
``(b) Tribal Courts and Prisoners.--
``(1) In general.--Notwithstanding paragraph (7) of
subsection (a) and in addition to the limitations described in
the other paragraphs of that subsection, no Indian tribe, in
exercising any power of self-government involving a criminal
trial that subjects a defendant to more than 1 year
imprisonment for any single offense, may--
``(A) deny any person in such a criminal proceeding
the assistance of defense counsel;
``(B) require excessive bail, impose an excessive
fine, inflict a cruel or unusual punishment, or impose
for conviction of a single offense any penalty or
punishment greater than imprisonment for a term of 3
years or a fine of $15,000, or both; or
``(C) deny any person in such a criminal proceeding
the due process of law.
``(2) Authority.--An Indian tribe exercising authority
pursuant to this subsection shall require that each judge
presiding over an applicable criminal case is licensed to
practice law in any jurisdiction in the United States.
``(3) Sentences.--A tribal court acting pursuant to
paragraph (1) may require a convicted offender--
``(A) to serve the sentence--
``(i) in a tribal correctional center that
has been approved by the Bureau of Indian
Affairs for long-term incarceration, in
accordance with guidelines developed by the
Bureau of Indian Affairs, in consultation with
Indian tribes;
``(ii) in the nearest appropriate Federal
facility, at the expense of the United States
pursuant to a memorandum of agreement with
Bureau of Prisons in accordance with paragraph
(4);
``(iii) in a State or local government-
approved detention or correctional center
pursuant to an agreement between the Indian
tribe and the State or local government; or
``(iv) subject to paragraph (1), in an
alternative rehabilitation center of an Indian
tribe; or
``(B) to serve another alternative form of
punishment, as determined by the tribal court judge
pursuant to tribal law.
``(4) Memoranda of agreement.--A memorandum of agreement
between an Indian tribe and the Bureau of Prisons under
paragraph (2)(A)(ii)--
``(A) shall acknowledge that the United States will
incur all costs involved, including the costs of
transfer, housing, medical care, rehabilitation, and
reentry of transferred prisoners;
``(B) shall limit the transfer of prisoners to
prisoners convicted in tribal court of violent crimes,
crimes involving sexual abuse, and serious drug
offenses, as determined by the Bureau of Prisons, in
consultation with tribal governments, by regulation;
``(C) shall not affect the jurisdiction, power of
self-government, or any other authority of an Indian
tribe over the territory or members of the Indian
tribe;
``(D) shall contain such other requirements as the
Bureau of Prisons, in consultation with the Bureau of
Indian Affairs and tribal governments, may determine,
by regulation; and
``(E) shall be executed and carried out not later
than 180 days after the date on which the applicable
Indian tribe first contacts the Bureau of Prisons to
accept a transfer of a tribal court offender pursuant
to this subsection.
``(c) Effect of Section.--Nothing in this section affects the
obligation of the United States, or any State government that has been
delegated authority by the United States, to investigate and prosecute
any criminal violation in Indian country.''.
SEC. 305. INDIAN LAW AND ORDER COMMISSION.
(a) Establishment.--There is established a commission to be known
as the Indian Law and Order Commission (referred to in this section as
the ``Commission'').
(b) Membership.--
(1) In general.--The 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 of the Interior;
(B) 2 shall be appointed by the majority leader of
the Senate, in consultation with the Chairperson of the
Committee on Indian Affairs of the Senate;
(C) 1 shall be appointed by the minority leader of
the Senate, in consultation with the Vice Chairperson
of the Committee on Indian Affairs of the Senate;
(D) 2 shall be appointed by the Speaker of the
House of Representatives, in consultation with the
Chairperson of the Committee on 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 Member of the Committee on Natural Resources of
the House of Representatives.
(2) Requirements for eligibility.--Each 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.--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 under
paragraph (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.
(4) Term.--Each member shall be appointed for the life of
the Commission.
(5) Time for initial appointments.--The appointment of the
members of the Commission shall be made not later than 60 days
after the date of enactment of this Act.
(6) Vacancies.--A 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.
(c) Operation.--
(1) Chairperson.--Not later than 15 days after the date on
which all members of the Commission have been appointed, the
Commission shall select 1 member to serve as Chairperson of the
Commission.
(2) Meetings.--
(A) In general.--The Commission 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).
(3) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(4) Rules.--The Commission may establish, by majority vote,
any rules for the conduct of Commission business, in accordance
with this Act and other applicable law.
(d) Comprehensive Study of Criminal Justice System Relating to
Indian Country.--The 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) the impact of the Indian Civil Rights Act of 1968 (25
U.S.C. 1301 et seq.) on--
(A) the authority of Indian tribes; and
(B) the rights of defendants subject to tribal
government authority; and
(4) a study of such other subjects as the Commission
determines relevant to achieve the purposes of the Tribal Law
and Order Act of 2008.
(e) Recommendations.--Taking into consideration the results of the
study under paragraph (1), 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) enhancing the penal authority of tribal courts and
exploring alternatives to incarceration;
(3) the establishment of satellite United States magistrate
or district courts in Indian country;
(4) changes to the tribal jails and Federal prison systems;
and
(5) other issues that, as determined by the Commission,
would reduce violent crime in Indian country.
(f) Report.--Not later than 2 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.--The Commission may hold such
hearings, meet and act at such times and places, take
such testimony, and receive such evidence as the
Commission considers to be advisable to carry out the
duties of the Commission under this section.
(B) Public requirement.--The hearings of the
Commission under this paragraph shall be open to the
public.
(2) Witness expenses.--
(A) In general.--A witness requested to appear
before the Commission shall be paid the same fees as
are paid to witnesses under section 1821 of title 28,
United States Code.
(B) Per diem and mileage.--The per diem and mileage
allowance for a witness shall be paid from funds made
available to the Commission.
(3) Information from federal, tribal, and state agencies.--
(A) In general.--The Commission may secure directly
from a Federal agency such information as the
Commission considers to be necessary to carry out this
section.
(B) Tribal and state agencies.--The Commission may
request the head of any tribal or State agency to
provide to the Commission such information as the
Commission considers to be necessary to carry out this
section.
(4) Postal services.--The Commission 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 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 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 of title 5, United States
Code, while away from the home or regular place of business of
the member in the performance of the duties of the Commission.
(2) Detail of federal employees.--On the affirmative vote
of \2/3\ of the members of the Commission and the approval of
the appropriate Federal agency head, an employee of the Federal
Government may be detailed to the Commission 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, the Attorney General and Secretary
shall provide to the Commission reasonable and appropriate
office space, supplies, and administrative assistance.
(i) Contracts for Research.--
(1) Researchers and experts.--
(A) In general.--On an affirmative vote of \2/3\ of
the members of the Commission, the Commission may
select nongovernmental researchers and experts to
assist the Commission in carrying out the duties of the
Commission 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
under subparagraph (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 to enter into contracts with any
other entity or organization to carry out research necessary to
carry out the duties of the Commission under this section.
(j) Tribal Advisory Committee.--
(1) Establishment.--The Commission shall establish a
committee, to be known as the ``Tribal Advisory Committee''.
(2) Membership.--
(A) Composition.--The Tribal Advisory Committee
shall consist of 2 representatives of Indian tribes
from each region of the Bureau of Indian Affairs.
(B) Qualifications.--Each member of the Tribal
Advisory Committee shall have experience relating to--
(i) justice systems;
(ii) crime prevention; or
(iii) victim services.
(3) Duties.--The 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) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section, to
remain available until expended.
(l) Termination of Commission.--The Commission shall terminate 90
days after the date on which the Commission submits the report of the
Commission under subsection (c)(3).
(m) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Commission.
TITLE IV--TRIBAL JUSTICE SYSTEMS
SEC. 401. INDIAN ALCOHOL AND SUBSTANCE ABUSE.
(a) Correction of References.--
(1) Inter-departmental memorandum of agreement.--Section
4205 of the Indian Alcohol and Substance Abuse Prevention and
Treatment Act of 1986 (25 U.S.C. 2411) is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``the date of
enactment of this subtitle'' and
inserting ``the date of enactment of
the Tribal Law and Order Act of 2008'';
and
(II) by inserting ``, the Attorney
General,'' after ``Secretary of the
Interior'';
(ii) in paragraph (2)(A), by inserting ``,
Bureau of Justice Assistance, Substance Abuse
and Mental Health Services Administration,''
after ``Bureau of Indian Affairs,'';
(iii) in paragraph (4), by inserting ``,
Department of Justice, Substance Abuse and
Mental Health Services Administration,'' after
``Bureau of Indian Affairs'';
(iv) in paragraph (5), by inserting ``,
Department of Justice, Substance Abuse and
Mental Health Services Administration,'' after
``Bureau of Indian Affairs''; and
(v) in paragraph (7), by inserting ``, the
Attorney General,'' after ``Secretary of the
Interior'';
(B) in subsection (c), by inserting ``, the
Attorney General,'' after ``Secretary of the
Interior''; and
(C) in subsection (d), by striking ``the date of
enactment of this subtitle'' and inserting ``the date
of enactment of the Tribal Law and Order Act of 2008''.
(2) Tribal action plans.--Section 4206 of the Indian
Alcohol and Substance Abuse Prevention and Treatment Act of
1986 (25 U.S.C. 2412) is amended--
(A) in subsection (b), in the first sentence, by
inserting ``, the Bureau of Justice Assistance, the
Substance Abuse and Mental Health Services
Administration,'' before ``and the Indian Health
Service service unit'';
(B) in subsection (c)(1)(A)(i), by inserting ``,
the Bureau of Justice Assistance, the Substance Abuse
and Mental Health Services Administration,'' before
``and the Indian Health Service service unit'';
(C) in subsection (d)(2), by striking ``fiscal year
1993 and such sums as are necessary for each of the
fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and
2000'' and inserting ``the period of fiscal years 2009
through 2013'';
(D) in subsection (e), in the first sentence, by
inserting ``, the Attorney General,'' after ``the
Secretary of the Interior''; and
(E) in subsection (f)(3), by striking ``fiscal year
1993 and such sums as are necessary for each of the
fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and
2000'' and inserting ``the period of fiscal years 2009
through 2013''.
(3) Departmental responsibility.--Section 4207 of the
Indian Alcohol and Substance Abuse Prevention and Treatment Act
of 1986 (25 U.S.C. 2413) is amended--
(A) in subsection (a), by inserting ``, the
Attorney General'' after ``Bureau of Indian Affairs'';
(B) in subsection (b)--
(i) by striking paragraph (1) and inserting
the following:
``(1) Establishment.--
``(A) In general.--To improve coordination among
the Federal agencies and departments carrying out this
subtitle, there is established within the Substance
Abuse and Mental Health Services Administration an
office, to be known as the `Office of Indian Alcohol
and Substance Abuse' (referred to in this section as
the `Office').
``(B) Director.--The director of the Office shall
be appointed by the Director of the Substance Abuse and
Mental Health Services Administration--
``(i) on a permanent basis; and
``(ii) at a grade of not less than GS-15 of
the General Schedule.'';
(ii) in paragraph (2)--
(I) by striking ``(2) In addition''
and inserting the following:
``(2) Responsibilities of office.--In addition'';
(II) by striking subparagraph (A)
and inserting the following:
``(A) coordinating with other agencies to monitor
the performance and compliance of the relevant Federal
programs in achieving the goals and purposes of this
subtitle and the Memorandum of Agreement entered into
under section 4205;'';
(III) in subparagraph (B)--
(aa) by striking ``within
the Bureau of Indian Affairs'';
and
(bb) by striking the period
at the end and inserting ``;
and''; and
(IV) by adding at the end the
following:
``(C) not later than 1 year after the date of
enactment of the Tribal Law and Order Act of 2008,
developing, in coordination and consultation with
tribal governments, a framework for interagency and
tribal coordination that--
``(i) establish the goals and other desired
outcomes of this Act;
``(ii) prioritizes outcomes that are
aligned with the purposes of affected agencies;
``(iii) provides guidelines for resource
and information sharing;
``(iv) provides technical assistance to the
affected agencies to establish effective and
permanent interagency communication and
coordination; and
``(v) determines whether collaboration is
feasible, cost-effective, and within agency
capability.''; and
(iii) by striking paragraph (3) and
inserting the following:
``(3) Appointment of employees.--The Director of the
Substance Abuse and Mental Health Services Administration shall
appoint such employees to work in the Office, and shall provide
such funding, services, and equipment, as may be necessary to
enable the Office to carry out the responsibilities under this
subsection.''; and
(C) in subsection (c)--
(i) by striking ``of Alcohol and Substance
Abuse'' each place it appears;
(ii) in paragraph (1), in the second
sentence, by striking ``The Assistant Secretary
of the Interior for Indian Affairs'' and
inserting ``The Director of the Substance Abuse
and Mental Health Services Administration'';
and
(iii) in paragraph (3)--
(I) in the matter preceding
subparagraph (A), by striking ``Youth''
and inserting ``youth''; and
(II) by striking ``programs of the
Bureau of Indian Affairs'' and
inserting ``the applicable Federal
programs''.
(4) Review of programs.--Section 4208a(a) of the Indian
Alcohol and Substance Abuse Prevention and Treatment Act of
1986 (25 U.S.C. 2414a(a)) is amended in the matter preceding
paragraph (1) by inserting ``, the Attorney General,'' after
``the Secretary of the Interior''.
(5) Federal facilities, property, and equipment.--Section
4209 of the Indian Alcohol and Substance Abuse Prevention and
Treatment Act of 1986 (25 U.S.C. 2415) is amended--
(A) in subsection (a), by inserting ``, the
Attorney General,'' after ``the Secretary of the
Interior'';
(B) in subsection (b)--
(i) in the first sentence, by inserting ``,
the Attorney General,'' after ``the Secretary
of the Interior'';
(ii) in the second sentence, by inserting
``, nor the Attorney General,'' after ``the
Secretary of the Interior''; and
(iii) in the third sentence, by inserting
``, the Department of Justice,'' after ``the
Department of the Interior''; and
(C) in subsection (c)(1), by inserting ``, the
Attorney General,'' after ``the Secretary of the
Interior''.
(6) Newsletter.--Section 4210 of the Indian Alcohol and
Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C.
2416) is amended--
(A) in subsection (a), in the first sentence, by
inserting ``, the Attorney General,'' after ``the
Secretary of the Interior''; and
(B) in subsection (b), by striking ``fiscal year
1993 and such sums as may be necessary for each of the
fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and
2000'' and inserting ``the period of fiscal years 2009
through 2013''.
(7) Review.--Section 4211(a) of the Indian Alcohol and
Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C.
2431(a)) is amended in the matter preceding paragraph (1) by
inserting ``, the Attorney General,'' after ``the Secretary of
the Interior''.
(b) Indian Education Programs.--Section 4212 of the Indian Alcohol
and Substance Abuse Prevention Act of 1986 (25 U.S.C. 2432) is amended
by striking subsection (a) and inserting the following:
``(a) Pilot Programs.--
``(1) In general.--The Assistant Secretary for Indian
Affairs shall develop and implement pilot programs in selected
schools funded by the Bureau of Indian Affairs (subject to the
approval of the local school board or contract school board) to
determine the effectiveness of summer youth programs in
advancing the purposes and goals of this Act.
``(2) Costs.--The Assistant Secretary shall defray all
costs associated with the actual operation and support of the
pilot program in a school from funds appropriated to carry out
this subsection.
``(3) Authorization of appropriations.--There are
authorized to be appropriated to carry out the pilot programs
under this subsection such sums as are necessary for each of
fiscal years 2009 through 2013.''.
(c) Emergency Shelters.--Section 4213(e) of the Indian Alcohol and
Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C.
2433(e)) is amended--
(1) in paragraph (1), by striking ``as may be necessary''
and all that follows through the end of the paragraph and
inserting ``as are necessary for each of fiscal years 2009
through 2013.'';
(2) in paragraph (2), by striking ``$7,000,000'' and all
that follows through the end of the paragraph and inserting
``$10,000,000 for each of fiscal years 2009 through 2013.'';
and
(3) by indenting paragraphs (4) and (5) appropriately.
(d) Review of Programs.--Section 4215(a) of the Indian Alcohol and
Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C.
2441(a)) is amended by inserting ``, the Attorney General,'' after
``the Secretary of the Interior''.
(e) Illegal Narcotics Trafficking; Source Eradication.--Section
4216 of the Indian Alcohol and Substance Abuse Prevention and Treatment
Act of 1986 (25 U.S.C. 2442) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking the
comma at the end and inserting a semicolon;
(ii) in subparagraph (B), by striking ``,
and'' at the end and inserting a semicolon;
(iii) in subparagraph (C), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(D) the Blackfeet Nation of Montana for the
investigation and control of illegal narcotics traffic
on the Blackfeet Indian Reservation along the border
with Canada.'';
(B) in paragraph (2), by striking ``United States
Custom Service'' and inserting ``United States Customs
and Border Protection''; and
(C) by striking paragraph (3) and inserting the
following:
``(3) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection such
sums as are necessary for each of fiscal years 2009 through
2013.''; and
(2) in subsection (b)(2), by striking ``as may be
necessary'' and all that follows through the end of the
paragraph and inserting ``as are necessary for each of fiscal
years 2009 through 2013.''.
(f) Law Enforcement and Judicial Training.--Section 4218 of the
Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986
(25 U.S.C. 2451) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Training Programs.--
``(1) In general.--The Secretary of the Interior, in
coordination with the Attorney General, the Administrator of
the Drug Enforcement Administration, and the Director of the
Federal Bureau of Investigation, shall ensure, through the
establishment of a new training program or by supplementing
existing training programs, that all Bureau of Indian Affairs
and tribal law enforcement and judicial personnel have access
to training regarding--
``(A) the investigation and prosecution of offenses
relating to illegal narcotics; and
``(B) alcohol and substance abuse prevention and
treatment.
``(2) Youth-related training.--Any training provided to
Bureau of Indian Affairs or tribal law enforcement or judicial
personnel under paragraph (1) shall include training in issues
relating to youth alcohol and substance abuse prevention and
treatment.''; and
(2) in subsection (b), by striking ``as may be necessary''
and all that follows through the end of the subsection and
inserting ``as are necessary for each of fiscal years 2009
through 2013.''.
(g) Juvenile Detention Centers.--Section 4220(b) of the Indian
Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25
U.S.C. 2453(b)) is amended--
(1) by striking ``such sums as may be necessary for each of
the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000''
each place it appears and inserting ``such sums as are
necessary for each of fiscal years 2009 through 2013''; and
(2) by indenting paragraph (2) appropriately.
SEC. 402. INDIAN TRIBAL JUSTICE; TECHNICAL AND LEGAL ASSISTANCE.
(a) Indian Tribal Justice.--Section 201 of the Indian Tribal
Justice Act (25 U.S.C. 3621) is amended--
(1) in subsection (a)--
(A) by striking ``the provisions of sections 101
and 102 of this Act'' and inserting ``sections 101 and
102''; and
(B) by striking ``the fiscal years 2000 through
2007'' and inserting ``fiscal years 2009 through
2013'';
(2) in subsection (b)--
(A) by striking ``the provisions of section 103 of
this Act'' and inserting ``section 103''; and
(B) by striking ``the fiscal years 2000 through
2007'' and inserting ``fiscal years 2009 through
2013'';
(3) in subsection (c), by striking ``the fiscal years 2000
through 2007'' and inserting ``fiscal years 2009 through
2013''; and
(4) in subsection (d), by striking ``the fiscal years 2000
through 2007'' and inserting ``fiscal years 2009 through
2013''.
(b) Technical and Legal Assistance.--The Indian Tribal Justice
Technical and Legal Assistance Act of 2000 is amended--
(1) in section 106 (25 U.S.C. 3666), by striking ``2000
through 2004'' and inserting ``2009 through 2013''; and
(2) in section 201(d) (25 U.S.C. 3681(d)), by striking
``2000 through 2004'' and inserting ``2009 through 2013''.
SEC. 403. TRIBAL RESOURCES GRANT PROGRAM.
Section 1701 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796dd) is amended--
(1) in subsection (b)--
(A) in each of paragraphs (1) through (4) and (6)
through (17), by inserting ``to'' after the paragraph
designation;
(B) in paragraph (1), by striking ``State and'' and
inserting ``State, tribal, or'';
(C) in paragraphs (9) and (10), by inserting ``,
tribal,'' after ``State'' each place it appears;
(D) in paragraph (15)--
(i) by striking ``a State in'' and
inserting ``a State or Indian tribe in'';
(ii) by striking ``the State which'' and
inserting ``the State or tribal community
that''; and
(iii) by striking ``a State or'' and
inserting ``a State, tribal, or'';
(E) in paragraph (16), by striking ``and'' at the
end;
(F) in paragraph (17), by striking the period at
the end and inserting ``; and'';
(G) by redesignating paragraphs (6) through (17) as
paragraphs (5) through (16), respectively; and
(H) by adding at the end the following:
``(17) to permit tribal governments receiving direct law
enforcement services from the Bureau of Indian Affairs to
access the program under this section on behalf of the Bureau
for use in accordance with paragraphs (1) through (16).''.
(2) in subsection (g)--
(A) by striking ``The portion'' and inserting the
following:
``(1) In general.--The portion'';
(B) in the second sentence, by striking ``In
relation'' and inserting the following:
``(2) Certain grants.--In relation''; and
(C) by adding at the end the following:
``(3) Waiver.--In acknowledgment of the Federal nexus and
distinct Federal responsibility to address and prevent crime in
Indian country, for purposes of providing grants to Indian
tribes under this subsection, the Attorney General shall waive
the matching funds requirement of this subsection if the
Attorney General determines that there is a demonstrated
financial hardship.
``(4) Use of certain funds.--In addition to providing a
waiver under paragraph (3), the Attorney General shall allow
the use of funds appropriated for any agency of an Indian
tribal government or the Bureau of Indian Affairs to carry out
law enforcement activities on Indian land to provide the non-
Federal share of the cost of a program or project under this
section.'';
(3) in subsection (i), by striking ``The authority'' and
inserting ``Except as provided in subsection (j), the
authority''; and
(4) by adding at the end the following:
``(j) Extension of Program for Indian Tribes.--
``(1) In general.--Notwithstanding subsection (i) and
section 1703, and in acknowledgment of the Federal nexus and
distinct Federal responsibility to address and prevent crime in
Indian country, the Attorney General may provide grants under
this section to Indian tribal governments, for fiscal year 2009
and any fiscal year thereafter, for such period as the Attorney
General determines to be appropriate to assist the Indian
tribal governments in carrying out the purposes described in
subsection (b).
``(2) Priority of funding.--In providing grants to Indian
tribal governments under this subsection, the Attorney General
shall take into consideration reservation crime rates and
tribal law enforcement staffing needs of each Indian tribal
government.
``(3) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection for each of fiscal years 2009 through
2013.
``(k) Report.--Not later than 180 days after the date of enactment
of this subsection, the Attorney General shall submit to Congress a
report describing the extent and effectiveness of the Community
Oriented Policing (COPS) initiative as applied in Indian country,
including particular references to--
``(1) the problem of intermittent funding;
``(2) the integration of COPS personnel with existing law
enforcement authorities; and
``(3) an explanation of how the practice of community
policing and the broken windows theory can most effectively be
applied in remote tribal locations.''.
SEC. 404. TRIBAL JAILS PROGRAM.
(a) In General.--Section 20109 of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13709) is amended by striking
subsection (a) and inserting the following:
``(a) Reservation of Funds.--Notwithstanding any other provision of
this part, of amounts made available to the Attorney General to carry
out programs relating to offender incarceration, the Attorney General
shall reserve $35,000,000 for each of fiscal years 2009 through 2013 to
carry out this section.''.
(b) Regional Detention Centers.--
(1) In general.--Section 20109 of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 13709) is amended by
striking subsection (b) and inserting the following:
``(b) Grants to Indian Tribes.--
``(1) In general.--From the amounts reserved under
subsection (a), the Attorney General shall provide grants--
``(A) to Indian tribes for purposes of--
``(i) construction and maintenance of jails
on Indian land for the incarceration of
offenders subject to tribal jurisdiction;
``(ii) entering into contracts with private
entities to increase the efficiency of the
construction of tribal jails; and
``(iii) developing and implementing
alternatives to incarceration in tribal jails;
and
``(B) to consortia of Indian tribes for purposes of
constructing and operating regional detention centers
on Indian land for long-term incarceration of offenders
subject to tribal jurisdiction, as the applicable
consortium determines to be appropriate.
``(2) Priority of funding.--In providing grants under this
subsection, the Attorney General shall take into consideration
applicable--
``(A) reservation crime rates;
``(B) annual tribal court convictions; and
``(C) bed space needs.''.
(2) Conforming amendment.--Section 20109(c) of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
13709(c)) is amended by inserting ``or consortium of Indian
tribes, as applicable,'' after ``Indian tribe''.
(3) Long-term plan.--Section 20109 of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 13709) is
amended by adding at the end the following:
``(d) Long-Term Plan.--Not later than 1 year after the date of
enactment of this subsection, the Attorney General, in coordination
with the Bureau of Indian Affairs and in consultation with tribal
leaders, tribal law enforcement officers, and tribal corrections
officials, shall submit to Congress a long-term plan to address
incarceration in Indian country, including a description of--
``(1) proposed activities for construction of detention
facilities (including regional facilities) on Indian land;
``(2) proposed activities for construction of additional
Federal detention facilities on Indian land;
``(3) proposed activities for contracting with State and
local detention centers, with tribal government approval;
``(4) proposed alternatives to incarceration, developed in
cooperation with tribal court systems; and
``(5) such other alternatives as the Attorney General, in
coordination with the Bureau of Indian Affairs and in
consultation with Indian tribes, determines to be necessary.''.
SEC. 405. TRIBAL PROBATION OFFICE LIAISON PROGRAM.
Title II of the Indian Tribal Justice Technical and Legal
Assistance Act of 2000 (25 U.S.C. 3681 et seq.) is amended by adding at
the end the following:
``SEC. 203. ASSISTANT PAROLE AND PROBATION OFFICERS.
``To the maximum extent practicable, the Director of the
Administrative Office of the United States Courts shall appoint
individuals residing in Indian country to serve as assistant parole or
probation officers for purposes of monitoring and providing service to
Federal prisoners residing in Indian country.''.
SEC. 406. TRIBAL YOUTH PROGRAM.
(a) Incentive Grants for Local Delinquency Prevention Programs.--
(1) In general.--Section 504 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5783) is
amended--
(A) in subsection (a), by inserting ``, or to
Indian tribes under subsection (d)'' after ``subsection
(b)''; and
(B) by adding at the end the following:
``(d) Grants for Tribal Delinquency Prevention Programs.--
``(1) In general.--The Administrator shall make grants
under this section, on a competitive basis, to eligible Indian
tribes or consortia of Indian tribes, as described in paragraph
(2)--
``(A) to support and enhance tribal juvenile
justice systems; and
``(B) to encourage accountability of Indian tribal
governments with respect to juvenile delinquency
responses and prevention.
``(2) Eligible indian tribes.--To be eligible to receive a
grant under this subsection, an Indian tribe or consortium of
Indian tribes shall submit to the Administrator an application
in such form and containing such information as the
Administrator may require.
``(3) Priority of funding.--In providing grants under this
subsection, the Administrator shall take into consideration,
with respect to the reservation communities to be served--
``(A) juvenile crime rates;
``(B) dropout rates; and
``(C) percentages of at-risk youth.''.
(2) Authorization of appropriations.--Section 505 of the
Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5784) is amended by striking ``fiscal years 2004, 2005,
2006, 2007, and 2008'' and inserting ``each of fiscal years
2009 through 2013''.
(b) Coordinating Council on Juvenile Justice and Delinquency
Prevention.--Section 206(a)(2) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5616(a)(2)) is amended--
(1) in subparagraph (A), by striking ``Nine'' and inserting
``Ten''; and
(2) in subparagraph (B), by adding at the end the
following:
``(iv) One member shall be appointed by the
Chairman of the Committee on Indian Affairs of
the Senate, in consultation with the Vice
Chairman of that Committee.''.
TITLE V--INDIAN COUNTRY CRIME DATA
SEC. 501. TRACKING OF CRIMES COMMITTED IN INDIAN COUNTRY.
(a) Gang Violence.--Section 1107 of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (28 U.S.C. 534 note;
Public Law 109-162) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (8) through (12) as
paragraphs (9) through (13), respectively;
(B) by inserting after paragraph (7) the following:
``(8) the Office of Justice Services of the Bureau of
Indian Affairs;'';
(C) in paragraph (9) (as redesignated by
subparagraph (A)), by striking ``State'' and inserting
``tribal, State,''; and
(D) in paragraphs (10) through (12) (as
redesignated by subparagraph (A)), by inserting
``tribal,'' before ``State,'' each place it appears;
and
(2) in subsection (b), by inserting ``tribal,'' before
``State,'' each place it appears.
(b) Bureau of Justice Statistics.--Section 302 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3732) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by inserting ``, Indian
tribes,'' after ``contracts with'';
(B) in each of paragraphs (3) through (6), by
inserting ``tribal,'' after ``State,'' each place it
appears;
(C) in paragraph (7), by inserting ``and in Indian
country'' after ``States'';
(D) in paragraph (9), by striking ``Federal and
State Governments'' and inserting ``Federal Government
and State and tribal governments'';
(E) in each of paragraphs (10) and (11), by
inserting ``, tribal,'' after ``State'' each place it
appears;
(F) in paragraph (13), by inserting ``, Indian
tribes,'' after ``States'';
(G) in paragraph (17)--
(i) by striking ``State and local'' and
inserting ``State, tribal, and local''; and
(ii) by striking ``State, and local'' and
inserting ``State, tribal, and local'';
(H) in paragraph (18), by striking ``State and
local'' and inserting ``State, tribal, and local'';
(I) in paragraph (19), by inserting ``and tribal''
after ``State'' each place it appears;
(J) in paragraph (20), by inserting ``, tribal,''
after ``State''; and
(K) in paragraph (22), by inserting ``, tribal,''
after ``Federal'';
(2) in subsection (d)--
(A) by redesignating paragraphs (1) through (6) as
subparagraphs (A) through (F), respectively, and
indenting the subparagraphs appropriately;
(B) by striking ``To insure'' and inserting the
following:
``(1) In general.--To ensure''; and
(C) by adding at the end the following:
``(2) Consultation with indian tribes.--The Director,
acting jointly with the Assistant Secretary for Indian Affairs
(acting through the Director of the Office of Law Enforcement
Services) and the Director of the Federal Bureau of
Investigation, shall work with Indian tribes and tribal law
enforcement agencies to establish and implement such tribal
data collection systems as the Director determines to be
necessary to achieve the purposes of this section.'';
(3) in subsection (e), by striking ``subsection (d)(3)''
and inserting ``subsection (d)(1)(C)'';
(4) in subsection (f)--
(A) in the subsection heading, by inserting ``,
Tribal,'' after ``State''; and
(B) by inserting ``, tribal,'' after ``State''; and
(5) by adding at the end the following:
``(g) Report to Congress on Crimes in Indian Country.--Not later
than 1 year after the date of enactment of this subsection, and
annually thereafter, the Director shall submit to Congress a report
describing the data collected and analyzed under this section relating
to crimes in Indian country.''.
SEC. 502. GRANTS TO IMPROVE TRIBAL DATA COLLECTION SYSTEMS.
Section 3 of the Indian Law Enforcement Reform Act (25 U.S.C. 2802)
is amended by adding at the end the following:
``(f) Grants To Improve Tribal Data Collection Systems.--
``(1) Grant program.--The Secretary, acting through the
Director of the Office of Justice Services of the Bureau and in
coordination with the Attorney General, shall establish a
program under which the Secretary shall provide grants to
Indian tribes for activities to ensure uniformity in the
collection and analysis of data relating to crime in Indian
country.
``(2) Regulations.--The Secretary, acting through the
Director of the Office of Justice Services of the Bureau, in
consultation with tribal governments and tribal justice
officials, shall promulgate such regulations as are necessary
to carry out the grant program under this subsection.''.
SEC. 503. CRIMINAL HISTORY RECORD IMPROVEMENT PROGRAM.
Section 1301(a) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796h(a)) is amended by inserting ``, tribal,''
after ``State''.
TITLE VI--DOMESTIC VIOLENCE AND SEXUAL ASSAULT PROSECUTION AND
PREVENTION
SEC. 601. PRISONER RELEASE AND REENTRY.
Section 4042 of title 18, United States Code, is amended--
(1) in subsection (a)(4), by inserting ``, tribal,'' after
``State'';
(2) in subsection (b)(1), in the first sentence, by
striking ``officer of the State and of the local jurisdiction''
and inserting ``officers of each State, tribal, and local
jurisdiction''; and
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``officer of the State and of the local
jurisdiction'' and inserting ``officers of each
State, tribal, and local jurisdiction''; and
(ii) in subparagraph (B), by inserting ``,
tribal,'' after ``State'' each place it
appears; and
(B) in paragraph (2)--
(i) by striking ``(2) Notice'' and
inserting the following:
``(2) Requirements.--
``(A) In general.--A notice'';
(ii) in the second sentence, by striking
``For a person who is released'' and inserting
the following:
``(B) Released persons.--For a person who is
released'';
(iii) in the third sentence, by striking
``For a person who is sentenced'' and inserting
the following:
``(C) Persons on probation.--For a person who is
sentenced'';
(iv) in the fourth sentence, by striking
``Notice concerning'' and inserting the
following:
``(D) Released persons required to register.--
``(i) In general.--A notice concerning'';
and
(v) in subparagraph (D) (as designated by
clause (iv)), by adding at the end the
following:
``(ii) Persons residing in indian
country.--For a person described in paragraph
(3) the expected place of residence of whom is
potentially located in Indian country, the
Director of the Bureau of Prisons or the
Director of the Administrative Office of the
United States Courts, as appropriate, shall--
``(I) make all reasonable and
necessary efforts to determine whether
the residence of the person is located
in Indian country; and
``(II) ensure that the person is
registered with the law enforcement
office of each appropriate jurisdiction
before release from Federal custody.''.
SEC. 602. DOMESTIC AND SEXUAL VIOLENT OFFENSE TRAINING.
Section 3(c)(9) of the Indian Law Enforcement Reform Act (25 U.S.C.
2802(c)(9)) (as amended by section 101(a)(2)) is amended by inserting
before the semicolon at the end the following: ``, including training
to properly interview victims of domestic and sexual violence and to
collect, preserve, and present evidence to Federal and tribal
prosecutors to increase the conviction rate for domestic and sexual
violence offenses for purposes of addressing and preventing domestic
and sexual violent offenses''.
SEC. 603. TESTIMONY BY FEDERAL EMPLOYEES IN CASES OF RAPE AND SEXUAL
ASSAULT.
The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et seq.) is
amended by adding at the end the following:
``SEC. 11. TESTIMONY BY FEDERAL EMPLOYEES IN CASES OF RAPE AND SEXUAL
ASSAULT.
``(a) Approval of Employee Testimony.--The Director of the Office
of Justice Services or the Director of the Indian Health Service, as
appropriate (referred to in this section as the `Director concerned'),
shall approve or disapprove, in writing, any request or subpoena for a
law enforcement officer, sexual assault nurse examiner, or other
employee under the supervision of the Director concerned to provide
testimony in a deposition, trial, or other similar proceeding regarding
information obtained in carrying out the official duties of the
employee.
``(b) Requirement.--The Director concerned shall approve a request
or subpoena under subsection (a) if the request or subpoena does not
violate the policy of the Department of the Interior to maintain strict
impartiality with respect to private causes of action.
``(c) Treatment.--If the Director concerned fails to approve or
disapprove a request or subpoena by the date that is 30 days after the
date of receipt of the request or subpoena, the request or subpoena
shall be considered to be approved for purposes of this section.''.
SEC. 604. COORDINATION OF FEDERAL AGENCIES.
The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et seq.) (as
amended by section 603) is amended by adding at the end the following:
``SEC. 12. COORDINATION OF FEDERAL AGENCIES.
``(a) In General.--The Secretary, in coordination with the Attorney
General, Federal and tribal law enforcement agencies, the Indian Health
Service, and domestic violence or sexual assault victim organizations,
shall develop appropriate victim services and victim advocate training
programs--
``(1) to improve domestic violence or sexual abuse
responses;
``(2) to improve forensic examinations and collection;
``(3) to identify problems or obstacles in the prosecution
of domestic violence or sexual abuse; and
``(4) to meet other needs or carry out other activities
required to prevent, treat, and improve prosecutions of
domestic violence and sexual abuse.
``(b) Report.--Not later than 2 years after the date of enactment
of this section, the Secretary shall submit to the Committee on Indian
Affairs of the Senate and the Committee on Natural Resources of the
House of Representatives a report that describes, with respect to the
matters described in subsection (a), the improvements made and needed,
problems or obstacles identified, and costs necessary to address the
problems or obstacles, and any other recommendations that the Secretary
determines to be appropriate.''.
SEC. 605. SEXUAL ASSAULT PROTOCOL.
Title VIII of the Indian Health Care Improvement Act is amended by
inserting after section 802 (25 U.S.C. 1672) the following:
``SEC. 803. POLICIES AND PROTOCOL.
``The Director of Service, in coordination with the Director of the
Office on Violence Against Women of the Department of Justice, in
consultation with Indian Tribes and Tribal Organizations, and in
conference with Urban Indian Organizations, shall develop standardized
sexual assault policies and protocol for the facilities of the Service,
based on similar protocol that has been established by the Department
of Justice.''.
<all>